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HomeMy WebLinkAbout20190426_Application_RedactedAFFECTED RECLAMATION CATEGORY ACREAGE COST/ACRE* Tailings/Sediment Ponds: Ac. X $ /Ac. Stockpiles: Ac. X $ /Ac. Wastepiles: Ac. X $ /Ac. Processing Area/Haul Roads: . 0 s Ac. X $ �/Ac. Mine Excavation: yy:7 IyAc. X $ /Ac. Other: 9 • 6-1 Ac. X a� $ /Ac. TOTAL AFFECTED AC.: 3 S Ac. /Jri• (TOTAL PERMITTED AC.: 43 . 4 Ac.) APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND �L The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affectedduring the life of the miningpermit. Please insert the approximate acreage for each aspect ofthe mining operation that you intend to affect during the ofthis miningpermit (in addition. please insert the ropriate reclamation cost/acre for each cat Soor� fi om the Schedule of Reclamation Costs provided with this application form) 0--z� can defer to the Department to calculate your bond for you based upon our maps and standard reclamation costs: RECLAMATION COST $ $ $ _ $ 96' $ d� 39500 $ / //$' 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 SV•3S Ac. b) Positive Drainage Inflation Factor: Ac. X $1,500.00 = $ SUBTOTAL COST: $ 39, &oD 00 0.02 X SUBTOTAL COST: $ 39,1. a b X Permit Life Provided by Applicant (Life of the Muting Operation or Life of Lease from Public Entity Cm Years)): / S INFLATION COST: $ SUBTOTAL COST + INFLATION COST: Total Reclamation Bond Cost: (round dWn to the nearest $1 (NOTE: The reclamation bond cannot exceed $1 million per GS 74-54) —1— Wehner, Judy From: Bryan Fagundus <Bryan@arkconsultinggroup.com> Sent: Tuesday, July 30, 2019 11:28 AM To: Wehner, Judy Subject: RE: [External] Brown Mine Adjoining Owners Well thanks) I Also, the acreage within the Undisturbed Buffer as indicated with its own hatch pattern on the mining map is 3.04 acres. This is the portion of the undisturbed buffer located outside the Riparian Buffer. The acreage of the Undisturbed Buffer within the Riparian Buffer as indicated with its own hatch pattern on the mining map is 6.47 acres. Bryan C. Fagundus, PE (NC, VA) Principal ARK CONSULTING GROUPr PLLC 2755-B Charles Blvd. Greenville, NC 27858 www.arkconsuItinggroup.com 252.565.1024 (Direct Office Line) 252.558.0888 (Office) Ext. 102 252.714.4033 (Mobile) brvan(darkconsuItlne2rouo.com si RKCONSULTING G ROU P, PLILC 1.0 1q- If you have received this confidential message in error, please destroy it and any attachments without reading, printing, copying or forwarding it. Please let us know of the error immediately so that we can prevent it from happening again. You may reply directly to the sender of this message. Neither the name of Ark Consulting Group, PLLC or its representative, nor transmission of this email from Ark Consulting Group, PLLC, shall be considered an electronic signature unless specifically stated otherwise in this email. Thank you. From: Wehner, Judy <judy.wehner@ncdenr.gov> Sent: Tuesday, July 30, 2019 11:25 AM To: Bryan Fagundus <Bryan@arkconsultinggroup.com> Subject: RE: [External] Brown Mine Adjoining Owners You are awesome! From: Bryan Fagundus <BryanParkconsultinggroup.com> Sent: Tuesday, July 30, 2019 11:18 AM ... *M., To: Wehner, Judy <iudv.wehner@ncdenrsov> Subject: [External] Brown Mine Adjoining Owners Judy, Attached is an adjoining owner list that's numbered with a corresponding numbered parcel map. Bryan C. Fagundus, PE (NC, VA) Principal ARK CONSULTING GROUP, PLLC 2755-B Charles Blvd. Greenville, INC 27858 www.arkconsultinggroup.com 252.565.1024 (Direct Office Line) 252.558.0888 (Office) Ext. 102 252.714.4033 (Mobile) brvan Parkconsu Itineerou D.com DxKCONSULTING GROUP, PLLC If you have received this confidential message in error, please destroy it and any attachments without reading, printing, copying or forwarding it. Please let us know of the error immediately so that we can prevent it from happening again. You may reply directly to the sender of this message. Neither the name of Ark Consulting Group, PLLC or its representative, nor transmission of this email from Ark Consulting Group, PLLC, shall be considered an electronic signature unless specifically stated otherwise in this email. Thank you. .W Wehner, Judy From: Bryan Fagundus <Bryan@arkconsultinggroup.com> Sent: Tuesday, July 30, 2019 11:18 AM To: Wehner, Judy Subject: [External] Brown Mine Adjoining Owners Attachments: SKM_C25819073011270.pdf Judy, Attached is an adjoining owner list that's numbered with a corresponding numbered parcel map. Bryan C. Fagundus, PE (NC, VA) Principal ARK CONSULTING GROUP, PLLC 2755-B Charles Blvd. Greenville, NC 27858 www.arkconsultinggroup.com 252.565.1024 (Direct Office Line) 252.558.0888 (Office) Ext. 102 252.714.4033 (Mobile) brvan Parkconsultineerouo.com CONSULTING 91 G RO U P, PLLC RK.. If you have received this confidential message in error, please destroy it and any attachments without reading, printing, copying or forwarding it. Please let us know of the error immediately so that we can prevent it from happening again. You may reply directly to the sender of this message. Neither the name of Ark Consulting Group, PLLC or its representative, nor transmission of this email from Ark Consulting Group, PLLC, shall be considered an electronic signature unless specifically stated otherwise in this email. Thank you. 21850 10190 13 806 20021 22321 22411 tl 20018 1 x H } 3 20742 20r42 20020 �\ 49756 \ J' 23978 71�54 © 49757 01h 33288 30697 03112 14566 14565 83192 03111 22330 22330 Parcel #12290 Benjamin Johnson Cleveland Bernard Johnson Etal 2602 Cherokee Dr. Greenville, NC 27834 Parcel#18184 Joanna Ramsey Majette lb Paul Jefferson Majette 3361 NC 903 S. Winterville, NC 28590 Parcel #09411 Faith Lake, Inc. 564 Stillwater Dr. Winterville, NC 28590 Parcel#49754 IZ Elizabeth Brewer Brown 2389 NC 33 Hwy Greenville, NC 27834 ADJOINING OWNERS (within 1,000 feet) Parcel# 02776 William H. Brown 5 John I Brown Trust Etal 103 Terry Street Greenville, NC 27858 Parcel # 49759 Elizabeth Brown Huband Heirs 3261 Anderson Drive Raleigh, NC 27609 Parcel#04742 ®Pitt Co. Board of Education 1717 W. 5"' Street Greenville, NC 27834 Parcel#20742 Vergil Carroll Jenkins Jr. ® Edward Hatcher Etal 412 E. Main Street Washington, NC 27889 P Parcel#20195 © E.R. Lewis Construction Co, Inc. PO Box 565 Greenville, NC 27835 Parcel #20745 Vergil Carroll Jenkins Jr. ® Edward Hatcher Etal 412 E. Main Street Washington, NC 27889 Parcel #31754 ® Kimberly Barrett Dunston 40 Cannady Wy Franklinton, INC 27525 Parcel#33497 6 Nathan and Deborah L. Edwards 1213 Frankie Coburn Rd. Greenville, NC27834 on Wehner, Judy From: Jones, Jerry R Sent: Wednesday, July 24, 2019 4:47 PM To: Wehner, Judy Cc: Edwards, James Subject: Brown Sand Mine Hello Judy, Jay and I visited the Brown Sand Mine today (7/24/19). They had poured a concrete entrance pad, other than that, no real comments. Thanks, J. Randall Jones, Jr., PE Environmental Engineer Division of Energy, Mineral, and Land Resources Department of Environmental Quality 252-948-3857 office randall. iones(a)ncden r. gov 943 Washington Square Mall Washington, NC 27889 -�---'� Nothing Compares.. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. MINING CHECKLIST FOR ROUTING 1 4� Applicant's Name. YC (f:in l ProjectName: Applic./ Permit No: County: I r ' I Date Received: i Reviewer. /, "�^ River Basin Name: ❑' New ❑ Modification (inside permit boundaries) ❑ Modification (outside permitboundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑ Additional Information ❑ Fee Needed: g ❑ Fee Received: $ Please route entire application package to: Regional Office (z complete copies; attach the "LQS Regional Office Mining Application Review Checklist" to one copy and attach both the DAQand D WR "Mining Application Review Form" to the other copy; send both copies to the Regional Engineer) Date: Routed ' Rec'd ❑ Division of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ US Fish e Wildlife Service Date: Routed Rec'd (Only neru applications and modification requests that add land to the permit) Please route first 3 pages of the application and any location maps to: ❑ Division of Parks it Recreation Date: Routed ❑ NC Geological Survey Section Date: Routed ❑ Division of Marine Fisheries Date: Routed ❑ Division of Soil 1J Water Conservation (plus LEA) Date: Routed (Only new applications and modifications requests that add land to the pernut) ❑ Division of Archives it History (Only new applicants) ❑ Other: ** Suspense Date for Comments: ❑ Please note the following: Date: Routed Date: Routed Rec'd Rec'd Rec'd Rec'd Rec'd Rec'd (no later than zs days from receipt) RK June 20, 2019 Ms. Judith A. Wehner CONSULTING GROUP, PLC Assistant State Mining Specialist NC Division of Energy, Mineral and Land Resources NC Department of Environmental Quality 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Subject: Brown Sand Mine Pitt County Tar River Basin Dear Ms. Wehner: RECEI V 1 i__� JUL 012019 LAND QUALITY MINING PROGRAM We are in receipt of your letter addressed to Ms. Carol Peaden Brown dated May 21, 2019. We respectfully offer the following responses to those comments below in italics. 1. Provide proof such as copies of the signed return receipts from certified mail that the County Manager and adjoining landowners have been properly notified. Response The return receipts from notifications sent to the County Manager and adjoining landowners are enclosed. 2. The Potrack Canal is subject to the Tar -Pamlico Buffer Rules and will require a 50-foot undisturbed buffer. Please revise the mine map and acreage chart to reflect this. Response The mine map previously showed and labeled the 50' Riparian Buffer associated with the Potrack Canal. The mine map has been revised to hatch the Riparian Buffer with a cross -hatch pattern and the map Legend has been updated accordingly. A call -out has also been added to the mine map stating "Riparian Buffer associated with Potrack Canal shall remain undisturbed". The screening berm adjacent to Potrack Canal is located outside the Riparian Buffer. There is a 100' unexcavated buffer required by the Pitt County Zoning Ordinance around the perimeter of the mine permit area. Screening berms are allowed by Pitt County within the 100' unexcavated buffer. The portion of the 100' unexcavated buffer adjacent to Potrack Canal that does not have a screening berm within it is indicated by a diagonal hatch pattern and is labeled as a 50' undisturbed buffer. Along this portion of Potrack Canal, there is an effective width of 100' on the undisturbed buffer adjacent to the stream. The map Legend has been updated accordingly. The acreage chart remains unchanged as the undisturbed buffer associated with Potrack Canal is already included in the unexcavated area calculation. PHONE WEB CONSULTING G RO U P PLLC Wehner, June 20, 2019 3. Provide construction and seeding schedules for the screening berms. Response Construction and seeding schedules for the screening berms have been added to the mine map. We appreciate the opportunity to submit the responses to the comments provided in your May 21'` letter. Should you have any questions or require additional information, please do not hesitate to contact our office. Respectfully submitted, Ark Consulting Grou C Bryan C. Fagundus, P.E. Principal Enclosures cc: Ms. Carol Peaden Brown, w/ Attachments �10✓ ROY COOPER Governor MICHAELS. REGAN Secretary S. DANIEL SMITH Interim Director Certified Mail Return Receipt Requested 7016 2140 0000 0564 4798 Ms. Carol Peaden Brown 3448 Eugene James Road Tarboro, North Carolina 27886 RE: Brown Sand Mine Pitt County Tar River Basin Dear Ms. Brown: NORTH CAROLINA Environmental Quality May 21, 2019 We have reviewed the application you submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: Provide proof such as copies of the signed return receipts from certified mail that the county manager and adjoining landowners have been properly notified. 2. The Potrack Canal is subject to the Tar -Pamlico Buffer Rules and will require a 50 foot undisturbed buffer. Please revise the mine map and acreage chart to reflect this. 3. Provide construction and seeding schedules for the screening berms. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note this office may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 nn7tH (`.aitcuu Oc9rrta�tal[nvUcnmcnnlOusR� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 11612 Mail Service Center I Raleigh. North Carolina 27699-1612 Certified Mail Ms. Brown Page Two As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. Sincerely, Judith A. Wehner Assistant State Mining Specialist cc: Mr. Samir Dumpor, PE ..O+ Wehner, Judy From: Shearin, Renee Sent: Friday, May 31, 2019 2:45 PM To: Harris, Brenda M Subject: Brown Sand Mine Attachments: ER 19-1607.pdf Our response is attached. Thank you Renee Shearin State Historic Preservation Office Division of Historical Resources Office of Archives and History North Carolina Department of Natural and Cultural Resources MSC 4617, Raleigh, NC 27699 919 814 6584 office 919 807 6599 fax renee.shearin(a ncdcr.zov ■ ME/ •�� NC DEPARTMENT OF NATURAL AND CULTURAL RESOURCES "This message does not necessarily represent the policy of the Department of Natural and 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 "NCGS.Ch.132" and maybe disclosed to third parties by an authorized state official. Please submit all Environmental Review projects to environmental. review(.5ncdcr.00v. Only one project per email. Allow at least 30 days for our review. We try hard to complete the reviews in fewer days, but under state and federal regulations we have 30 days to respond. See htt s://files.nc.gov/ncdcr/historic-preservation-office/environmental-review/Project Review Checklist.pdf for guidelines on submitting projectsfor environmental review. Do not send .zip, . of files, downloads, or links to websites as we are not able to process these types of items. The message size, including all attachments, should be no larger than 50 megabytes. ... North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Harms, Administrator Governor Roy Cooper Secretary Sum 11. I lamilton May 31, 2019 MEMORANDUM TO: Brenda Harris Land Quality Section Division of Land Resources, NCDENR FROM: Ramona M. Bartos P FC 4cuo K, Office of Archives and I listory Deputy Secretary Kevin Cherry SUBJECT: Application for Muting Permit, Carol Peaden Brown, Brown Sand Mine, Pitt County, ER 19-1607 Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter 74, Article 7 of the North Carolina General Statutes. Because of the location and topographic situation of the proposed project area, it is unlikely that any archaeological sites which may be eligible for inclusion in the National Register of Historic Places will be affected by the proposed borrowing. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. While we note that this project review is only for a state permit, the potential for federal permits may require further consultation with us and compliance with Section 106 of the National Historic Preservation Act. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579. Location: 109 Bast Jones Smut, Raleigh NC 27601 Mailing Address: 4617 Mail Service (inter, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/R07-6599 on Abject: Attachments: Harris, Brenda M Monday, May 20, 2019 3:06 PM Wehner, Judy FIN: Brown Sand Mine, Pitt Co MP -Brown Sand Mine_NCWRCA.pdf From: Dunn, Maria T. Sent: Thursday, May 16, 2019 9:15 AM To: Harris, Brenda M <brenda.harris@ncdenr.gov> Subject: Brown Sand Mine, Pitt Co Please accept the attached for the above project. Thank you. Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. ROYCOOPER Governor MICHAELS. REGAN Secretary S. DANIEL SMITH Interim Dlrecror !. n-01;.p`,o I MEMORANDUM NORTH CAROLINA Environmental Quality April 30, 2019 TO: Ms. Maria Dunn Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Hal Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Carol Peaden Brown Brown Sand Mine Pitt County MAY. 2019 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 May 17, 2019 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Weimer at (919) 707- 9220 if you have any questions. /bmh Attachments IJe %u'�'1'1h1LJ 'mil` -'`I +�- cc: Mr. Samir Dumpor North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 11612 Mail Service Center I Raleigh. North Carolina 27699-1612 ROY COOPER Governor MICHAEL S. REGAN Secretory LINDA CULPEPPER Director MEMORANDUM NORTH CAROLINA Environmental Quality May 20, 2019 TO: Ms. Judy Wehner NCDEMLR-Land Quality Section FROM: Gabrielle Chianese Ground Water Management Branch Division of Water Resources SUBJECT: Comments on the Mining Permit Request for: Carol Peaden Brown. Brown Sand Mine Pitt County RE COVE- D- MAY 2 0 ZOR LAND QUALITY 1AINING PROGRAM' Please find attached a copy of the mining permit request for the above referenced project. The Brown Sand Mine located in Pitt County does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. However, if the mine starts to withdraw 10,000 gpd to 100,000 gpd of water, they will need to register their water withdrawals and if this mine starts to withdraw 100,000 gpd or more of water, they will need to obtain a CCPCUA water withdrawal permit. A Central Coastal Plain Capacity Use Area (CCPCUA) water withdrawal permit must be obtained from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret, Craven, Duplin, Edgecombe, Greene, Jones, Lenoir, Martin, Onslow, Pamlico, Pitt, Washington, Wayne, or Wilson County. If you have further questions please contact the Division of Water Resources at (919) 707-9008 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611 1611 or go online to www.ncwater.org/CCPCUA. North Carolina Department of Environmental Quality I Division of Water Resources 5I2 North Salisbury Street 1611 Mail Service Center I Raleigh. North Carolina 27699 1611 9197OT9000 ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAELS. REGAN Secretary S. DANIEL SMITH Interim Director April 30, 2019 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harr' Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Carol Peaden Brown Brown Sand Mine Pitt County ❑ 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 May 17, 2019 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. /bmh Attachments cc: Mr. Samir Dumpor Y, I;f/y APR 30 2019 +DIVISICN Of WATER REWUKES North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 11612 Mail Service Center I Raleigh. North Carolina 27699-1612 Wehner, Judy From: Tankard, Robert Sent: Monday, May 20, 2019 11:28 AM To: Wehner, Judy; Dumpor, Samir Cc: Edgerton, Thom; Edwards, James; Pullinger, Robert C; Davis, Megan M Subject: FW: Brown Sand Mine Revision Attachments: 74-98 DWR REVIEW SHEET 2019 (00000002).pdf Judy, please find attached are our comments for the Brown Sand Mine. Please note that there is a Riparian Buffer that is on one side of the Mine perimeter. The applicant states that there will be an unexcavated buffer, however this needs to be undisturbed. Any questions, please let us know. Thanks! Robert From: Davis, Megan M Sent: Monday, May 20, 2019 9:16 AM To: Tankard, Robert <robert.tankard@ncdenr.gov> Subject: Brown Sand Mine Revision Hi Robert, Attached is the revised mining permit. Thank you, -Megan D_E Megan Davis Enu.romnental Specialist, Division of I "ater Resou. North Carolina Department of Envnomuental Qual 252-948-3966 (Office) 252-4024430 (Cell) Megan.DavisCncdenr. gov 1 Print this form to PDF Reii111iPDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee, MINING PERMIT APPLICATION REVIEW FORM forthe DIVISION OF WATER RESOURCES Project Name Brown Sand Mine DEMLR Permit # 74-98 County: Pitt Applicant's Email: acmrn02O7@gmaii.com PERMIT ACTION TYPE: Modification YES NO Date Commencing F( rI — Have land disturbing activities started? Date? F Latitude: 35.6634 Longitude:-77.4178 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: May 17, 2019 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Yes Comments: The permit map uses the word "unexcavated" instead of "undisturbed" when describing the 50' buffer adjacent to the 50' riparian buffer that borders the Potrack Canal. Concern over meeting diffuse flow requirements with spoil piles in this area potentially violates the Tar Pam Riparian Buffer Rules. Watershed/Stream Name & Classification: Potrack Canal UT to Johnson's Mill Run; WSIV NSW DWR Compliance Status of Mine: Yes Does this mine (or previous owner) have DWR back fees to pay? No If yes, amount: Is this mine an active permit in BIMS? No YES NO 401 Wetland Cert. required? I I" INot in Wetland 401 Wetland Cart. existing? F I Permit # 7 INot in Wetland Does DWR RO have enough information to determine if a 401 certification is required? 'There are no proposed impacts within jurisdictional wetlands or waters. Is an O & M Plan needed? NO Are wetlands disturbed at this site? F I Does DWR RO suspect or know of nearby wetlands to the site? I Rev September 2010 Print this form to PDF RetERY PDF of this form to DEMLR CO by email cc DEMLR RZYtWR SPU. Send a copy to the permittee. F tJD Is a wetland delineation required prior to r (Consultant (No DWR issuing the permit? tOnsite? r (Offsite? Stream Determination Needed? (Stream determination made per 1 site visit by DWR on 5/16/2019. Stream Determination Completed? t Does DWR RO need a statement that no (No proposed impacts are to wetlands/streams are disturbed 7 ( occur within iurisdictionai wetlands or waters. for this project from applicant? Buffer Determination Needed? t (Completed by Pitt County on 2/15l2019 Buffer Determination Completed? (2/15/2019 Pitt County f- ( Recycle system permit existing? f (Permit # fv- (No New Recycle System permit required?* F- ( INo Enough information to determine? discharge proposed. Non -discharge permit existing? F_ (Permit # Fv- INo F- (Unknown. Will wastewaters discharge to HQW waters Fq_ F-(7Q10 Permittee with a 7Q10=0? (No Flow: must determine. r ( Has Violation O&M Requirements ( HQW/7Q10 Concerns r ( Pay back fees or renew Does DWR require DEMLR to hold the DWR permit permit (e.g. so DWR can review it further or ' t Other. because DWR requires more information)? Please describe the reason to hold the permit: RO contact: JV ( Hold Until: language changes from unexcavated to undisturbed. Mine must wait to dewater until an O&M plan F ( P (Not Applicable is approved? Rev September 2010 Print this form to PDF Re*PDF of this form to DEMLR CO by email. cc DEMLR R W WR SPU. Send a copy to the permrttee. Reviewed by: DWR RO Surface Water: Megan Davis Regional Office: Washington Regional Office Date: 5/17/2019 RO Aquifer Protection Section: Regional Office: Date: Additional Comments: The permit map uses the word "unexcavated" instead of "undisturbed" when describing the 50' buffer adjacent to the 50' riparian buffer that borders the Potrack Canal. Concern over meeting diffuse flow requirements with spoil piles in this area potentially violates the Tar Pam Riparian Buffer Rules. Rev September 2010 Wehner, Judy From: Edwards, James Sent: Monday, May 20, 2019 9:40 AM To: Wehner, Judy Cc: West Jr, Donald B Subject: Brown Mine 74-98 Mrs. Wehner, The only comment for this mine is that perhaps the berm should encompass the whole site since the "fall' is toward Potrack Canal. Silt fence may not be an adequate measure near the canal. Thank you kindly, James B. Edwards, CESSWI Environmental Senior Specialist Division of Energy, Mineral, and Land Resources Department of Environmental Quality 252-946-6481 office lames. edwardsta7. n cd en r. gov 943 Washington Square Mall Washington, NC 27889 4�R...,,,n:.,,%AD_E Q�� Ooputmmn of FnrnonmenAl OuNlry Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties Log In #: [_ DPR/RRS Mining Permit Application Review RRS Contact / Name of project:TT �,_J County: 1I m Millie — Proposed activity is _ is not ❑✓ within 5 miles of a public park or recreation area. If yes, identify the park: Manager/agency name: (contact name): (phone; fax): `e-mail): Digitally signed by Jennifer Beeele Date: 2019.05.13 Review conducted by: 162009-04'00' Date: 5/13/19 PLEASE RETURN COVERS UT ONLY WITH YOUR REVIEW/COMMENTS. YOU MAY ALSO E-MAn, YOUR RESPONSE AND/OR COMMENMQUESTIONS TO: Si¢V¢.11V1nEStOp¢(p7p¢paf� nv THANKS! Return to: Steve Livingstone (919)707-9331 steve.livingstone@ncparks.gov DENR/Division of Parks & Recreation 1615 MSC Raleigh, NC 27699-1615 RECEIVED MAY 16 2019 LAND QUALITY MINING PROGRAM ROY COOPER Governor MICHAELS. REGAN secretary S. DANIEL SMITH Interim Director MEMORANDUM TO: Mr. Michael Peveler Division of Parks and Recreation FROM: Brenda M. Harris Mining Program Secretary Land Quality Section NORTH CAROLINA Environmental Quality April 30, 2019 SUBJECT: Mining Permit Application for Carol Peaden Brown Brown Sand Mine Pitt County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effects on the purposes of a publicly owned park, forest, or recreation area (GS 74-51(5). Please respond by May 17, 2019 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Samir Dumpor �E North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 11612 Mail Service Center I Raleigh. North Carolina 27699-1612 Wehner, Judy From: Harris, Brenda M Sent: Thursday, May 02, 2019 2:09 PM To: Wehner, Judy Subject: FW: Brown Pit - Pitt Attachments: D00050219-05022019131751.pdf -----Original Message ----- From: Galamb, Eric Sent: Thursday, May 02, 20191:23 PM To: Harris, Brenda M <brenda.harris@ncdenr.gov> Subject: Brown Pit - Pitt Please see attached comment. Eric -----Original Message- --- From: dsw.toshiba.noreply@ncagr.gov [mailto:dsw.toshiba.noreply@ncagr.gov] Sent: Thursday, May 02, 2019 4:18 PM To: Galamb, Eric <Eric.Galamb@ncagr.gov> Subject: Send data from MFP12209840 05/02/2019 13:17 Scanned from MFP12209840 Date:05/02/201913:17 Pages:1 Resolution:200x200 DPI E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. •taw,/ ROY COOPER Governor MICHAELS. REGAN Secretary S. DANIEL SMITH interim Director MEMORANDUM NORTH CAROLINA Environmental Qualify April 30, 2019 TO: Mr. Eric Gahb Applicatioieview Coordinator Division obil and Water Conservation FROM: Brenda M.rri(r*�'E� Mining Proem Secretary Land QualiSection SUBJECT: Mining Poit Application for Carol Peaden Brown Brown Sal Mine Pitt Couni Please find attach! for your review a copy of,the mining permit application request for the above referenced project, Please review thinformation and advise as to the probability of this operation having unduly adverse effects on the purposes ca publicly owned park, forest, or recreation area (GS 74-51(5). Please respond by May 17, 2019 so that we mayamplete our review of this request within our statutory time limits. As is the case in ur review of all mining permit applications, renewals and modifications, this office will carefully review all propsed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sed'hentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests orrecreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recomnended that they contact the person submitting this request to set up a convenient date and time. Also, please;end 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. r% /bmh Attachments cc: Mr. Samir Dumpor EQ D N North Carolina Departinent of Environmental Quality I Division of Energy. Mineral and land Resources 512 North Salisbury Street 11812 Mail Service Center i Ralelgh. North Carolina 27699-1812 MINING CHECKLIST FOR ROUTING Applicant's Name: /1 2 o L RIL 4 pF_ k,-- Bwowll-'ProjectName: i AU Wit/ S,t.v/ 11)/4,0 Applic./ Permit No: �'3r9 County: P / i ,7— Date Received D y Z. .2 � Reviewer: :i 7 River Basin Name: i y A 1,P,9 A+ c i [ a . i piriL New ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer r ❑ Release t'CJ ElPartial Release ElAdditional Information ElFee Needed $ ElFee Received: $ S�Ub Please route entire application package to : KP El —WI) ,Regional Office (2 complete copier attach the "LQS Regional Office Mining Application Reoiew Checklist" to one copy and attach both the DAQa D WR.°Mining Application Review Form" to the other copy, send both copies to the Regional Engineer) Date: Routed Rec'd ❑ Division of Water Resources Date: Routed Rec'd f ❑ NC Wildlife Resources Commission Date: Routed Rec'd� C1 US Fish it Wildlife Service Date: Routed Rec'd �J( (Only new applications and modification requests that add land to the permit) Please route (trst 3 pages of the application and any location maps to: Ef ,Division of Parks it Recreation Date: Routed Rec'd fji/t 1 NC Geological Survey Section Date: Routed Rec'd Ef Division of Marine Fisheries Date: Routed Rec'd Division of Soil iT Water Conservation (plus LEA) Date: Routed Rec'd (Only new applications and modifications requests that add land to the permit) Q Division of Archives & History (Only new applicants) ❑ Other: Date: Routed Rec'd Date: Routed Rec'd **Suspense Date for Comments: r' % 2c) / q (no later than 25 days from receipt) ❑ Please note the following: Pl't, ROY COOPER Governor MICHAELS. REGAN Secretary S. DANIEL SMITH Interim Director MEMORANDUM NORTH CAROLINA Environmental Quality April 30, 2019 TO: Ms. Maria Dunn Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Ha i Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Carol Peaden Brown Brown Sand Mine Pitt 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 May 17, 2019 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707- 9220 if you have any questions. /bmh Attachments cc: Mr. Samir Dumpor DE N•. h'7 (il [}Mc�ulA �� OryiRIC.[It101 tntMOamtakl OwD North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 519 Nnrth Rnlichiiry Rtrppt 1 1919 Mail Rprvirp rpntpr I Ralpinh Nnrth rnmlina 979QQ-1919 ROY COOPER Governor MICHAELS. REGAN Secretary S. DANIEL SMITH Interim Director NORTH CAROLINA Environmental Quality April 30, 2019 MEMORANDUM TO: Mr. Peter Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris�� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Carol Peaden Brown Brown Sand Mine Pitt 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 May 17, 2019 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707- 9220 if you have any questions. /bmh Attachments cc: Mr. Samir Dumpor nm+ltltCARrAuDEC ae�„>s,x:tt araui au:tnr� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 11612 Mail Service Center I Raleiah. North Carolina 27699-1612 I� ROY COOPER Governor MICHAELS. REGAN Secretary S. DANIEL SMITH Interim Director MEMORANDUM NORTH CAROLINA Environmental Quality April 30, 2019 TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harr' Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Carol Peaden Brown Brown Sand Mine Pitt County ❑ 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 May 17, 2019 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. /bmh Attachments cc: Mr. Samir Dumpor om t �: EL CQ- $A - NMI Tit f.Ant.1 P" �.s 0CP=F=1 al9z&=1%U1 Dusts North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 11612 Mail Service Center I Raleioh. North Carolina 27699-1612 ROY COOPER Governor MICHAELS. BEGAN Secretary S. DANIEL SMITH Interim Director MEMORANDUM NORTH CAROLINA Environmental Quality April 30, 2019 TO: Mr. Eric Galamb Application Review Coordinator Division of Soil and Water Conservation FROM: Brenda M. Harricr""� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Carol Peaden Brown Brown Sand Mine Pitt County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effects on the purposes of a publicly owned park, forest, or recreation area (GS 74-51(5). Please respond by May 17, 2019 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Samir Dumpor z �: ��� De VEM WuMi(I.MMINA � P tky:rtracal at [asamncatil OurRtl North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 11612 Mail Service Center I Raleigh. North Carolina 27699-1612 ROY COOPER Governor MICHAELS. REGAN Secretary S. DANIEL SMITH Interim Director MEMORANDUM NORTH CAROLINA Environmental Quality April 30, 2019 TO: Ms. Anne Deaton Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. Harri ?g�x� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Carol Peaden Brown Brown Sand Mine Pitt County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on freshwater, estuarine or marine fisheries (G.S. 74-51(2)). Please respond by May 17, 2019 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on freshwater, estuarine or marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707- 9220 if you have any questions. /bmh Attachments cc: Mr. Samir Dumpor ID),-- E o VP:==! as "Wow'M121 &catty North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 11612 Mail Service Center I Raleiah. North Carolina 27699-1612 ROY COOPER Governor MICHAELS. REGAN Secretary S. DANIEL SMITH Interim Director MEMORANDUM TO: Mr. Michael Peveler Division of Parks and Recreation FROM: Brenda M. Harris Mining Program Secretary Land Quality Section NORTH CAROLINA Environmental Quality April 30, 2019 SUBJECT: Mining Permit Application for Carol Peaden Brown Brown Sand Mine Pitt County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effects on the purposes of a publicly owned park, forest, or recreation area (GS 74-51(5). Please respond by May 17, 2019 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Samir Dumpor ,.E thaullgol,n1r p Q�" Otpx=wl at [muameaw O�utlr North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 519 Nnrth CaEichiinr Ctrgat 11R19 Mail Carving r..pntar I Ralainh North r nrnlinn 979gA.1919 E5 ROY COOPER Governor MICHAELS. REGAN Secretary S. DANIEL SMITH Interim Director MEMORANDUM TO: Ms. Renee Gledhill -Earley Application Review Coordinator Archives & History FROM: Brenda M. H ris Mining Program ecreta Land Quality Section NORTH CAROLINA Environmental Quality April 30, 2019 SUBJECT: Mining Permit Application for Carol Peaden Brown Brown Sand Mine Pitt County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on any significant archeological resources. Please respond by May 17, 2019 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on significant archeological resources and/or human skeletal remains would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Samir Dumpor 47n4 (J"-Al au ,_ E 0M&r =1 at Ux0c mtattl Qm tit North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 11612 Mail Service Center I Raleiah. North Carolina 27699-1612 Carol Peaden Brown Brown Sand Mine Latitude: 35.6634 Longitude:-77.4178 County: Pitt Map Scale 1:24,000 Date: 04/26/19 Facility Location E KCONSULTING GROUP, PLLC NCDEQ Div. of Energy, Mineral and Land Resources 1612 Mail Service Center Raleigh, NC 27699-1612 WE ARE SENDING YOU: ® Attached ❑ Copy of Letter ❑ Shop Drawings ❑ Change Order ck"ka'w TRANSMITTAL LETTER DATE: PROJECT N0. April 23, 2019 18026 ATTENTION: Mining Program Staff SUBJECT: Brown Sand Mine North Carolina Mining Permit Application Pitt County, North Carolina ❑ Under Separate Cover Via: [Type text here] the following ® Plans ❑ Specifications ❑ Prints ❑ Permits ❑ Reproducible ❑ Samples N Other: APR 2 b 2019 LAND QUALITY COPIES DATE DWG. # DESCRIPTION 1 4/23/2019 Executed Original North Carolina Mining Permit Application 5 4/23/2019 Copies of Completed North Carolina Mining Permit Application 6 4/15/2019 D-1153 Brown Sand Mine - Mining Permit Map 6 2/13/2019 USGS Quad Map with Site Location 6 2/15/2019 Pitt Co. Planning Site Determination for Tar -Pamlico Area Protection 1 4/23/2019 Processing Fee - $5,000.00 THESE ITEMS ARE TRANSMITTED AS CHECKED BELOW: M For Approval ❑ Approved as Submitted ❑ Submit copies for approval ® For Your Use ❑ Approved as Noted ❑ Submit _ copies for distribution ❑ As Requested ❑ Returned for Corrections ❑ Return _corrected prints ❑ For Review & Comment ❑ Disapproved ❑ Other: COMMENTS: Please contact me at (252)565-1024 with any questions pertaining to this Mining Permit Application. Thank you! COPY TO: bvyawC. Faq�;_ P.E. _.. Signature fir) Wehner, Judy From: Wehner, Judy Sent: Tuesday, April 30, 2019 9:35 AM To: Tankard, Robert Cc: Dumpor, Samir, Edwards, James Subject: 74-98 DWR REVIEW SHEET 2019 Attachments: 74-98 DWR REVIEW SHEET 2019.doc Here's the review sheet for the new Brown Sand Mine in Pitt County. NORTH CAROLINA MINING PERMIT APPLICATION RECEIVED APR 2 b W3 " LAND QUALITY MINING PROGRAM State of North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 Revised: 2017 1Wv NOTE: It is recommended that you contact the appropriate Regional Office (see Regional Office listing in the back of this booklet) or the Raleigh Central Office for a PRE -APPLICATION MEETING to discuss your intentions and address any questions. MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS Application received by State Mining Specialist I Applicant issues I Public Notice Application assigned to Assistant State Mining Specialist Assistant State Mining Specialist/Program Secretary routes application for review and comment - U.S. Fish & Wildlife Service - N. C. Geological Survey - Wildlife Resources Commission - Division of Water Resources - Division of Archives & History - Division of Parks & Recreation - Others as appropriate *All application review comments forwarded to Assistant State Mining Specialist Is application complete? If "YES", Assistant State Mining Specialist drafts the proposed permit action - Regional Office - Division of Air Quality - Division of Water Resources Review Public Comments; Public Hearing Possible If "NO", Assistant State Mining Specialist drafts a letter requesting additional information from applicant Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Regional Office Staff (go to *) Application & proposed permit action reviewed by State Mining Specialist Is application & proposed permit action complete/acceptable?? If "Yes", the following permit actions are issued by the State Mining Specialist: - Draft Permits - Permit Transfers/Name Changes - Bond Substitutions/Cancellations - Permit Releases - High Airblast Remediation Plans - Non -controversial New Permits - - Small, Non -controversial Modifications END OF PROCESS If "YES", application & proposed permit action forwarded to and reviewed by Division Director Is application & proposed permit action complete/acceptable?? If "YES", the proposed permit action is issued by the Division Director END OF PROCESS If "No", application & proposed permit action returned to Assistant State Mining Specialist for revision (go to *) For other permit actions, if "Yes", application & proposed permit action forwarded to and reviewed by Mining Specialist Is application & proposed permit action complete/ acceptable?? If "NO", application & proposed permit action returned to State Mining Specialist/ Assistant State Mining Specialist for revision (go to *) If "NO", application & proposed permit action returned to Section Chief/State Mining Specialist for revision (go to * ) POO %W APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) Name of Mine Brown Sand Mine County Pitt River Basin Tar / Pamlico River Basin Latitude (decimal degrees to four places) 3503948.24"74 35: GG 3 y 0 Longitude (decimal degrees to four places)-77025'04.25"W — 7 ?: 9/ 7 f( 2. Name of Applicant* Carol Peaden Brown 3. Permanent address for receipt of official mail** 3448 Eugene James Road, Tarboro, NC 27886 Telephone (252) 481-4460 Alternate 4. Mine Office Address 3448 Eugene James Road, Tarboro, NC 27886 Telephone (252) 481-4460 5. Mine Manager Carol Peaden Brown 6. E-mail Address: acmm02O7(@,amail.com I certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. Signature C, , -Q Date l �3 Print Name Carol Peaden Brown Title Owner * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Division of Energy, Mineral, and Land Resources must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. —1— 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 permit" fee will be based upon): 63.86 acres Of this acreage, how much is owned and how much is leased? Acres owned: 67.07 acres Acres leased: Property owner if leased: ❑ If this is an application fora 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 ❑ NoEl. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, F ound cover removed) by the mining operation? Yes❑ No❑ (If no, a "minor modification" e 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 ACTIONS) 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) 25 feet Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Ground b. Expected average depth of mine (feet) 20 feet 5. Has any area(s) at this site been mined in the past? Yes ❑ If yes, when and by whom was this activity conducted? -2- APPLICATION FOR A MINING PERMIT 6. Number of years for which the permit is requested (Life of the Mining Operation or Life of Lease from Public Entity): 15 Years B. MAPS 1. Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5th Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 htti):Hr)ortal.ncdenr.orp-/web/ir/aeoloaical home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation = Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 http://www.ncdot.orglit/gis/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. Thus, all mine and reclamation maps must denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. —3— lv� a' 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 provide on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres 1 inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- IV 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 arenaul 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 0.0 Ac. Stockpiles 0.0 Ac. Wastepiles 0.0 Ac. Processing Area/Haul Roads 00.05 Ac. Mine Excavation 44.79 Ac. Other (Explain) 19.02 Ac. Total Disturbed Acreage 63.86 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 QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. —5— APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation ofthe mine and reference the sequence to the mine map(s). Attach additional sheets as needed. Install concrete driveway apron and 8" thick Class `A' stone to provide access to NC Highway 33. Install perimeter silt fence and rock silt check dams. Install haul road from the construction entrance into the area to be excavated. Clear trees at the southern end of the property. Remove overburden material and use to construct vegetated earthen berm around the perimeter of the excavated area. Excavate sand. Grade excavated area to achieve 3:1 slopes around the perimeter of the excavated area. Permanently seed and mulch all disturbed areas. 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 inap(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. Install concrete driveway apron and 8" thick Class `A' stone to provide access to NC Highway 33. Prior to initiating land disturbing activities, install perimeter silt fence as indicated on the mining plan. Install rock silt check dams in existing ditches as indicated on the mining plan. Upon construction of perimeter screening berm, establish vegetation to stabilize. Permanently seed and mulch all disturbed areas. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No ®. If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes ❑ No M. If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map (s). 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 ❑ No ®. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine maps) that lie within 500 feet ohe proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Stormwater Program. In addition, the applicant is required to register water use with the Division of Water Resources, Ground Water Management Branch, if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources, Ground Water Management Branch, if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. The material is proposed to be wet mined. Dewatering is not planned. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No 0. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? Dust will be controlled by wetting haul roads with truck mounted sprayer. -7- 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). Buffer width between the mining permit boundary and the excavated area is 100 feet minimum. Buffers are unexcavated. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). No jurisdictional natural water courses or wetlands exists within 50 feet of any land disturbing activity. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. Minimum 3 horizontal to 1 vertical slopes will be maintained along the perimeter of the mine excavation. APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine maps) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches andlor slope drains (with supporting design information) if needed, and the method of final stabilization. See mining map. c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections jor all cut slopes must be provided on the mine map(s). Angle of cut slopes will be 3 horizontal to 1 vertical. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. Not applicable. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. There are existing manufactured homes located within 300 feet of the proposed mine excavation area. These homes are on the south side of Potrack Canal and are buffered from the excavation area by the canal, its associated Riparian Buffer, and by existing wooded vegetation within the Riparian Buffer. NC Highway 33 is buffered from the excavation area by a screening berm. There are no commercial or industrial buildings located within 300 feet of proposed mine excavation area. 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 detaillcross-section and location of each type of barricade to be used must be indicated on the mine map(s). A vegetated earthen berm will be installed prior to excavation of any part of the site. A gate will be used at the entrances. No high wall will be used. WE APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes ❑ No Z. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine maps) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. The operation will be screened from public view by an earthen berm and by existing vegetation (trees). b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? No public owned park, forest, or recreation area exists adjacent to the mine. 11. Will explosives be used? Yes ❑ No ®. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structures) to the proposed excavations) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No ®. If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). -10- R 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 proposed excavation area is to be reclaimed as a lake with 3 horizontal to 1 vertical slopes along the perimeter of the water body. All adjacent disturbed areas will be properly re -vegetated. A minimum average water depth of 4' shall be maintained within the lake. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ® No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ❑ No Z. 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. Not Applicable. No excavations in rock. —11— APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. Overburden, refuse, spoil banks, or other such temporary on site mine waste areas will be sloped at 4 horizontal to 1 vertical and will be permanently seeded and mulched. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. No processing facilities are planned for this site. Any stockpile areas will be sloped and permanently seeded and mulched. . b. Will any on -site roadways be left as part of the reclamation? Yes ® No ❑. If yes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site generated waste shall be disposed of on the mine site without priot written approval from the NC Department of Environmental Quality, Division of Energy, Mineral, and Land Resources and either the Division of Waste Management (DWAI) 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 maps) and reclamation map, along with a list of items to be disposed in said areas. All waste product will be disposed of offsite at appropriate landfill(s) and/or permitted location. -12- APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the NC Forest Service, Department of Agriculture and Consumer Services; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the NC Forest Service, Department of Agriculture and Consumer Services; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): 2000 lbs/acre or as recommended by soil test. FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 1000 lbs/acre of 8-8-8 or 10-10-10 or as recommended by soil test. SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Tyaes: Seeding Dates: Seeding Rates: Kobe Lespedeza February 15 - April 1 10 lb/ac Bahiagrass February 15 - April 1 50 lb/ac Redtop February 15 - April 1 1 lb/ac Winter Rye (grain) February 15 - April 1 15 lb/ac Common Bermuda April 1- July 31 50 lb/ac Lespedeza (unscarified) August 1- October 25 30 lb/ac German millet August 1- October 25 40 lb/ac Rye (grain -temporary) October 25 - February 15 120 lb/ac MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: All seeded areas shall be mulched using small grain straw at a rate of 2000 lbs/acre and anchored appropriately. OTHER VEGETATIVE COVERS - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation an oresta ' an a r ed by: Signature Date ks / Print Name Bug C. Fagun us, PE Title Principal Agency Ark Consulting Group. PLLC -13- �i APPLICATION FOR A MINING PERMIT E. DETERNIINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the miningpermit. Please insert the approximate acreage. for each aspect of the mining operation, that you intend to affect duringthe he life ofthis miningpermit (in addition, please insert the appropriate reclamation cost/acre fore categojX from the Schedule of Reclamation Costs provided with this a lication form)OR you can defer to the Department to calculate our bond or you based upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 0 Ac. Stockpiles: 0 Ac. Wastepiles: 0 Ac. Processing Area/Haul Roads: 0.05 Ac. Mine Excavation: 44.79 Ac. Other (Unexcavated buffer): 19.02 Ac. TOTAL AFFECTED AC.: 63.86 Ac. (TOTAL PERMITTED AC.: 63.86 Ac.) X $ /Ac. _ $ X $ /Ac. _ $ X $ /Ac. _ $ X $ 1,800 /Ac. _ $ 90 X $ 500 /Ac. _ $ 22,395 X $ 1,800 /Ac. _ $ 34,236 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 63.86 Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ 56,721 X Permit Life Provided by Applicant (Life of the Mining Operation or Life of Lease from Public Entity (in Years)): 15 INFLATION COST: $ 17,016 Total Reclamation Bond Cost: $ 73,700 (round down to the nearest $100.00) (NOTE: The reclamation bond cannot exceed $1 million per GS 74-54) -14- APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Energy, Mineral, and Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- �t) NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that Carol Peaden Brown has applied on 04/23/19 (Applicant Name) (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ® a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 63.86 acres located 2.3 (Mineral, Ore) (Number) (Miles) Northwest of Greenville off/near road NC Highway 33 West (Direction) (Nearest Town) (Number/Name) in Pitt County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet ofthe mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding specifics of the proposed mining activity. please contact the applicant at the following telephone num aff at Elizabeth Brown Huband Heirs 3261 Anderson Drive Raleigh, NC 27609 (Addressee/Owner of Record's Name and Address) . r or mrormation on ine m. 1 19) 707-9220. Please note Zin the provisions of the Mi 04/23/19 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) —16— ig permit app t the Denartn Carol Peaden Brown NC Earthworks ion review process, please contact will consider anv relevant written (Name of Applicant: Include Contact Person & Company Name, if Applicable) 3448 Eugene James Road Tarboro, NC 27886 (Address of Applicant) �V NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that Carol Peaden Brown has applied on 04/23/19 (Applicant Name) (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ® a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 63.86 acres located 2.3 (Mineral, Ore) (Number) (Miles) Northwest of Greenville off/near road NC Highway 33 West (Direction) (Nearest Town) (Number/Name) in Pitt County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b 1), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet ofthe mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the Specifics of the proposed mining activity. please contact the applicant at the following telephone number . Por information on the mining of 19) 707-9220. Please note that 1 ion within the provisions of the Mining William H. Brown John I Brown Trust Etal 103 Terry Street Greenville, NC 27858 (Addressee/Owner of Record's Name and Address) 04/23/19 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) -17- application review process, lease contact . . ... .. . ... Carol Peaden Brown NC Earthworks (Name of Applicant: Include Contact Person & Company Name, if Applicable) 3448 Eugene James Road Tarboro, NC 27886 (Address of Applicant) NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that Carol Peaden Brown has applied on (Applicant Name) 04/23/ 19 (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ® a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 63.86 acres located 2.3 (Mineral, Ore) (Number) (Miles) Northwest of Greenville off/near road NC Highway 33 West (Direction) (Nearest Town) (Number/Name) in Pitt County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b 1), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the a plicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding specifics of the isronosed minini= activity. please contact the applicant at the followini: telenhone num . For information on the mining permit application review process, please contact aff at (919) 707-9220. Please note that the Department will consider any relevant written Pitt Co. Board of Education 1717 W. 5th Street Greenville, NC 27834 (Addressee/Owner of Record's Name and Address) 04/23/ 19 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) Carol Peaden Brown NC Earthworks (Name of Applicant: Include Contact Person & Company Name, if Applicable) 3448 Eugene James Road Tarboro, NC 27886 (Address of Applicant) NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that Carol Peaden Brown has applied on 04/23/19 (Applicant Name) (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ® a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 63.86 acres located 2.3 (Mineral, Ore) (Number) (Miles) Northwest of Greenville off/near road NC Highway 33 West (Direction) (Nearest Town) (Number/Name) in Pitt County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: 252-565-1024 For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. Vergil Carroll Jenkins Jr. Edward Hatcher Etal 412 E. Main Street Carol Peaden Brown Washington, NC 27889 NC Earthworks (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) 04/23/19 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) —19— 3448 Eugene James Road Tarboro, NC 27886 (Address of Applicant) NOTICE Pursuant to provisions G.S. 74-50(b 1) of The Mining Act of 1971, Notice is hereby given that Carol Peaden Brown has applied on 04/23/19 (Applicant Name) (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ® a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 63.86 acres located 2.3 (Mineral, Ore) (Number) (Miles) Northwest of Greenville off/near road NC Highway 33 West (Direction) (Nearest Town) (Number/Name) in Pitt County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding gram su E.R. Lewis Construction Co, Inc. PO Box 565 Greenville, NC 27835 (Addressee/Owner of Record's Name and Address) . ror information on at (919) 707-9220. Pleas 04/23/19 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) —20— ion reviev will consi Carol Peaden Brown NC Earthworks (Name of Applicant: Include Contact Person & Company Name, if Applicable) 3448 Eugene James Road Tarboro, NC 27886 (Address of Applicant) contact NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that Carol Peaden Brown has applied on 04/23/19 (Applicant Name) (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ® a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 63.86 acres located 2.3 (Mineral, Ore) (Number) (Miles) Northwest of Greenville off/near road _NC Highway 33 West (Direction) (Nearest Town) (Number/Name) in Pitt County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet ofthe mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding . ror information on the min aff at (919) 707-9220. Please note d ion within the provisions of the Mini cision is made on the application. Kimberly Barrett Dunston 40 Cannady Wy Franklinton, NC 27525 (Addressee/Owner of Record's Name and Address) 04/23/19 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) app Carol Peaden Brown NC Earthworks ionowing ieie none numuer: n review process, please contact (Name of Applicant: Include Contact Person & Company Name, if Applicable) 3448 Eugene James Road Tarboro, NC 27886 (Address of Applicant) V NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that Carol Peaden Brown has applied on 04/23/19 (Applicant Name) (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ® a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 63.86 acres located 2.3 (Mineral, Ore) (Number) (Miles) Northwest of Greenville off/near road NC Highway 33 West (Direction) (Nearest Town) (Number/Name) in Pitt County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notif ed (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding specifics of the oronosed mining activity. please contact the applicant at the following telephone num . r or mrormat ate` at (919) 707-9220. ion within the nrovisi( Nathan and Deborah L. Edwards 1213 Frankie Coburn Rd. Greenville, NC 27834 (Addressee/Owner of Record's Name and Address) 04/23/19 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) on the mining permit application review process, please contact .ase note that the Department will consider any relevant written of the Mining Act of 1971 throughout the application review lication. Carol Peaden Brown NC Earthworks _22_ (Name of Applicant: Include Contact Person & Company Name, if Applicable) 3448 Eugene James Road Tarboro, NC 27886 (Address of Applicant) V NOTICE Pursuant to provisions G.S. 74-50(b 1) of The Mining Act of 1971, Notice is hereby given that Carol Peaden Brown has applied on 04/23/19 (Applicant Name) (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ® a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 63.86 acres located 2.3 (Mineral, Ore) (Number) (Miles) Northwest of Greenville off/near road NC Highway 33 West (Direction) (Nearest Town) (Number/Name) in Pitt County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding . r or inrormation on the m aff at (919) 707-9220. Please note Benjamin Johnson Cleveland Bernard Johnson Etal 2602 Cherokee Dr. Greenville, NC 27834 (Addressee/Owner of Record's Name and Address) 04/23/19 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) —23— ication review process, please contact ent will consider anv relevant written Carol Peaden Brown NC Earthworks (Name of Applicant: Include Contact Person & Company Name, if Applicable) 3448 Eugene James Road Tarboro, NC 27886 (Address of Applicant) V 1"� \400/ NOTICE Pursuant to provisions G.S. 74-50(b 1) of The Mining Act of 1971, Notice is hereby given that Carol Peaden Brown has applied on 04/23/19 (Applicant Name) (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ® a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 63.86 acres located 2.3 (Mineral, Ore) (Number) (Miles) Northwest of Greenville off/near road NC Highway 33 West (Direction) (Nearest Town) (Number/Name) in Pitt County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, lease contact the applicant at the following telephone number: 252-565-1024 . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review rocess until a final decision is made on the application. Faith Lake, Inc. 564 Stillwater Dr. Carol Peaden Brown Winterville, NC 28590 NC Earthworks (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) 04/23/19 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) —24— 3448 Eugene James Road Tarboro, NC 27886 (Address of Applicant) V NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that Carol Peaden Brown has applied on 04/23/19 (Applicant Name) (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ® a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 63.86 acres located 2.3 (Mineral, Ore) (Number) (Miles) Northwest of Greenville off/near road NC Highway 33 West (Direction) (Nearest Town) (Number/Name) in Pitt County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet ofthe 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 rMardina the sipecifics of the vroposed mining activity, lease contact the aDiDlicant at the following teleiphone number: 252-565-1024 . For information on the mining permit app ication review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. Joanna Ramsey Majette Paul Jefferson Majette 3361 NC 903 S. Carol Peaden Brown Winterville, NC 28590 NC Earthworks (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) 04/23/ 19 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) —25— 3448 Eugene James Road Tarboro, NC 27886 (Address of Applicant) 70 NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that Carol Peaden Brown has applied on 04/23/19 (Applicant Name) (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ® a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 63.86 acres located 2.3 (Mineral, Ore) (Number) (Miles) Northwest of Greenville off/near road NC Highway 33 West (Direction) (Nearest Town) (Number/Name) in Pitt County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b 1), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet ofthe mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the apDlicant at the following telephone number: 252-565-1 B24 . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review Vergi) Carroll Jenkins Jr. Edward Hatcher Etal 412 E. Main Street Washington, NC 27889 (Addressee/Owner of Record's Name and Address) 04/23/19 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) _26— Carol Peaden Brown NC Earthworks (Name of Applicant: Include Contact Person & Company Name, if Applicable) 3448 Eugene James Road Tarboro, NC 27886 (Address of Applicant) r- NOTICE Pursuant to provisions G.S. 74-50(b 1) of The Mining Act of 1971, Notice is hereby given that Carol Peaden Brown has applied on 04/23/19 (Applicant Name) (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ® a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 63.86 acres located 2.3 (Mineral, Ore) (Number) (Miles) Northwest of Greenville off/near road NC Highway 33 West (Direction) (Nearest Town) (Number/Name) in Pitt County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b 1), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding . r or information on at (919) 707-9220. Pleas sion Elizabeth Brewer Brown 2389 NC 33 Hwy W Greenville, NC 27834 (Addressee/Owner of Record's Name and Address) 04/23/19 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) mining —2 6— Carol Peaden Brown NC Earthworks review process, please contact l consider anv relevant written (Name of Applicant: Include Contact Person & Company Name, if Applicable) 3448 Eugene James Road Tarboro, NC 27886 (Address of Applicant) APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, Carol Peaden Brown , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environmental Quality, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) See Attached (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer ofthe county or municipality in which anypart 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.] D. Scott Elliot, County Manager 1717 W. 50' Street, Greenville, NC 27834 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer ofthe county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 513.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Carol Peaden Brown Title of person executing Affidavit Owner 1, ]— • Gf l I a Notary Public of the County of F i it State of North Carolina, do hereby certify tl appeared before me this day and under oath klyxy Witness and -n tp a — s 1 thhs 2 day Notary: �.lX-I' -2' APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signaturef✓aA,6-eL.d(, 6 _ Signature:*lJ - - /L" J Print Name: Carol Peaden Brown (Title, if applicable) Company: (If applicable) Address: 3448 Eugene James Road Tarboro, NC 27856 Telephone: (252) 481-4460 Date Signed: 4 - ,�--'J —I Print Name: Carol Peaden Brown Title: Company: Mine Name: Brown Sand Mine Telephone: (252) 481-4460 Date Signed: *Signature must be the same as the individual who signed Page 1 of this application One original and five (5) copies of the completed application, six (6) copies of all location mans, mine maps and reclamation maps, and the appropriate processing fee (see next page for fee schedule) in the forma check or money order payable to the North Carolina Department of Environmental Quality must be sent to the Raleigh Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. -29- :^ �►� `mod -APPLICATION FOR A MINING PERMIT qr MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit, permit modification or transferred permit is required as follows: 0-25 acres 26+acres New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $15000.00 Permit Transfers $100.00 $100.00 Annual Operating Fee $400.00 $400.00 Acres for new permits means the total acreage at the site. Acres for modification of permits means that area of land affected by the modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both. - 30 - .,. APPLICATION FOR A MINING PERMIT There are seven Division of Energy, Mineral, and Land Resources (DEMLR) Regional Offices. Use the map below to locate the Regional Office serving your county. Asheville Regional Office • Counties: Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey • Address: 2090 U.S. Highway 70, Swannanoa, NC 28778 • Voice:828.296.4500 • FAX:828.299.7043 Fayetteville Regional Office • Counties: Anson, Bladen, Cumberland, Harnett, Hoke, Montgomery, Moore, Richmond, Robeson, Sampson, Scotland • Address: 225 Green Street, (Systel Building), Suite 714, Fayetteville, NC 28301-5094 • Voice:910.433.3300 • FAX:910.486.0707 Mooresville Regional Office • Counties: Alexander, Cabarrus, Catawba, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, Union • Address: 610 East Center Ave., Suite 301, Mooresville, NC 28115 • Voice:704.663.1699 • FAX:704.663.6040 Raleigh Regional Office • Counties: Chatham, Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Lee, Nash, Northampton, Orange, Person, Vance, Wake, Warren, Wilson • Address: 1628 Mail Service Center, Raleigh, NC 27699-1628 or 3800 Barrett Drive, Raleigh, NC 27609 • Voice:919.791.4200 • FAX:919.571.4718 Washington Regional Office • Counties: Beaufort, Bertie, Camden, Chowan, Craven, Currituck, Dare, Gates, Greene, Hertford, Hyde, Jones, Lenoir, Martin, Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne • Address: 943 Washington Square Mall, Washington, NC 27889 • Voice:252.946.6481 • FAX:252.975.3716 -31- :APPLICATION FOR A MINING PERMIT If LAND QUALITY REGIONAL OFFICES (continued) Wilmington Regional Office • Counties: Brunswick, Carteret, Columbus, Duplin, New Hanover, Onslow, Pender • Address: 127 Cardinal Drive Extension, Wilmington, NC 28405 • Voice:910.796.7215 • FAX:910.350.2004 Winston-Salem Regional Office • Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, Surry, Watauga, Wilkes, Yadkin • Address: 1450 Hanes Mill Road, Suite 300, Winston-Salem, NC 27103 • Voice:336.776.9800 • FAX:336.771.4631 - 32 - a oo APPLICATION FOR A MINING PERMIT SCHEDULE OF RECLAMATION COSTS (Based upon range of $500 - $5,000 per affected acre) COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Type T/S Ponds S.piles W.piles P.area/H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, MI, 1500(FI) 2500(PD) LI, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program,1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING. AS A MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) • MULCH AND ANCHORING COSTS PER ACRE • ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. -33- 91 ADJOINING OWNERS (within 1,000 feet) Parcel # 49759 Elizabeth Brown Huband Heirs 3261 Anderson Drive Raleigh, NC 27609 Parcel # 02776 William H. Brown John I Brown Trust Etal 103 Terry Street Greenville, NC 27858 Parcel #04742 Pitt Co. Board of Education 1717 W. Sth Street Greenville, NC 27834 Parcel #20742 Vergil Carroll Jenkins Jr. Edward Hatcher Etal 412 E. Main Street Washington, NC 27889 Parcel #20195 E.R. Lewis Construction Co, Inc. PO Box 565 Greenville, NC 27835 Parcel #31754 Kimberly Barrett Dunston 40 Cannady Wy Franklinton, NC 27525 Parcel #33497 Nathan and Deborah L. Edwards 1213 Frankie Coburn Rd. Greenville, NC 27834 Parcel #12290 Benjamin Johnson Cleveland Bernard Johnson Etal 2602 Cherokee Dr. Greenville, NC 27834 Parcel #08411 Faith Lake, Inc. 564 Stillwater Dr. Winterville, NC 28590 P 1r/ Parcel #18184 Joanna Ramsey Majette Paul Jefferson Majette 3361 NC 903 S. Winterville, NC 28590 Parcel #20745 Vergil Carroll Jenkins Jr. Edward Hatcher Etal 412 E. Main Street Washington, NC 27889 Parcel #49754 Elizabeth Brewer Brown 2389 NC 33 Hwy W Greenville, NC 27834 LLE WE USGS U.S. DEPARTMENT GEOLOGICAL GIICAL SURVEY GRENORTIH CAROVLINAAUPITT CO. ttleae/DrawerW 7.5-MINUTE SERIES , b `t RECEIVES APR 2 b 2019 LAND QUALITY Q MINING 01 nn loins 0 5W 1000 2000 Feet GREENVILLE NW, NC I, 1:12000.000 2016 uI1I WDAND lD1a NAfNlrnc xoarx CONTWR INTERVAL 5 RET 9aNXA1XXIATQNldtl9N[ff NORTHA MUH VERTKAL DATWA OE 19M Pmiect Mgr: BCF Project ND.: 18026 NCUl nse:P-1199 SITE LOCATION PLAN EXHIBIT Own BY: KLG scale: ASSH01A4J ADCONSULTING CONSULTING BROWN SAND MINE Che WBy: BCF Oak' 02/13/19 Engineers 8 Planners SITE LOCATION MAP n H 2758-8 CNanes BIM. I Gmenvllle, NC 27858 BELVOIR TWSP., PITT COUNTY, NORTH CAROUNA PITT COUNTY PLANNING DEPARTMENT DEVELOPMENT SERVICES BUILDING 1717 W. 5r" STREET GREENVILLE, NORTH CAROLINA 27834-1696 TELEPHONE: (252) 902-3250 FAX: (252) 830-2576 February 15, 2019 Carol Peaden Brown 3348 Eugene James Road Tarboro, NC 27886 Subject Property: Parcel 49756 & 49757 JAMES F. RHODES, AICP DIRECTOR Project # PC 19-002 & 003 RECEIVE( APR 2 b 2019 LAND QUALITY MINING PROGRAM Pitt County Page 1 of 2 On -Site Determination for Applicability to the Tar -Pamlico Riparian Area Protection Rules (15A NCAC 2B .02059) Dear Sir or Madam: On February 15, 2019, at your request I conducted an on -site determination to review features located on the subject property for applicability to the Tar -Pamlico Riparian Area Protection Rules (15A NCAC 2B .02059). The features are labeled as "PC19-002 & PC19-003" on the attached map initialed by me on February 15, 2019, The Pitt County Planning Department has determined that the surface waters labeled as "PC19-002" and a portion of "PC19-003" on the attached maps and highlighted in RED is not subject to the Tar -Pamlico Riparian Area Protection Rules. The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party Page 2 of 2 1/31/17 (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. if you have any additional questions or require additional information please call me at (252) 902-3250. Sincerely, J Hill, sistant Director JNH Enclosures: Pitt County Soil Survey Map cc: DWQ Washington Regional Office File Copy Filename: PC19-M & 003