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19-30_1_Redacted
ROY COOPER Governor Energy, Mineral& Land Resources ENVIRONMENTAL OUALM December 1, 2017 Winding Creek Holdings LLC Bobby Bramch PO Box 61 Gulf, NC 27256 RE: Mining Permit No. 19-30 Winding Creek Quarry Chatham County Dear Winding Creek Holdings LLC: MICHAEL 5, REGAN se<+ rory TRACY DAVIS orretmr This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The "life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification to be effective. Please attach this letter to your existing mining permit for future reference- The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect, Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of $400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017 — see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2016, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions andlor revocation of your mining permit. Lastly, pursuant to GS §74-54. the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Wishner, Assistant State Mining Specialist, or me at (919) 707-9220. Sincerely, �/X-�- William "Toby" Vinson, Jr., PE, CPM Interim Director, DEMLR Slntc of Ni Cardin I Environmental Qu:Jity I Energy, wren al and Land Newuaes >P NSallsbury Street 11612 M.AI 5emuC rater I IWleigh, N,mh Caroling'-76991612 9197079200 STATE OF NORTH CAROLINA Department of Environment and Natural Resources RALEIGH CENTRAL Office FILE ACCESS RECORD SECTION LQS Mining Program DATEMME REPRESEivTirvG Guidelines for Access: The staff of the Central Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be . accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by mine name/permit no., as appropriate. The number of files that you may review at one appointment will be r.,e 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is 2.5 cents for ALL copies if you make more than 25 copies — there is no charge for 25 or less copies. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases large totes etc. are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. MINEY NAME t PERMIT NO. COUNTY 2 eirtooULL42 -�� 3. U U aL 4r�11 4. Co 40VItemLr �._ 5. Signature/Name of Firm or Business. Date Time In Time Out Please attach business card to form if available STATE OF NORTH CAROLINA Department ®f Environment and Natural Resources RALEIGH CENTRAL Office FILE ACCESS RECORD SECTION' LQS Mining Program DATE/TIME 101al.19016 2:1�pt-v NAME Z%&�-- ; rb•� REPRESENTING ,ON41'„ d1 iW4 Guidelines for Access: The staff of the Central Office is dedicated to making public records in our custody readily available to the public for review and copying. We also 'have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1. Due to the large public demand for file access, we request that you call at least a day in advance -to schedule an appointment for file review so you can be . accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 m. Viewing time ends at 4:45 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by mine name/permit no., as appropriate. The number of files that you may review at one appointment will be Iimited.to five. 3. You may make copies of a file when the copier is not in use by the staff -and if time permits. Cost per copy is 2.5 cents for ALL copies if you make more than 25 copies_- there is no charge for 25 or less copies. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes, etc. are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor iauci i icai [vi f0jr rri iwhl you can be fined IGU up to .p,lV V.Vv. 5. In accordance with GS 25-3-512,' a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. MINEY NAME 1 PERMIT NO. COUNTY 2. 3. A 5. Signs/Name cdF<rrn or Business. Date Time In Time Out Please attach business card to form if available Energy, Mineral and Land Resources ENVIRONMENTAL O V RLITY September 6, 2016 Mr. Bobby A. Branch Winding Creek Holdings, LLC PO Box 61 Gulf, North Carolina 27256 Re: Winding Creek Quarry Chatham County Cape Fear River Basin Dear Mr. Branch: PAT MCCRORY cooRo. DONALD R. VAN DER VAART SxX' y TRACY DAVIS Oirttlos The application for a mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971..As we have received the required security to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 19-30 were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971, This permit expires on September 6, 2026. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 119.2 acres and the amount of land you are approved to disturb is 59.7,acres. Please review the permit and contact Judy Wehner„Assistant State Mining Specialist, at (919) 707-9220 of any objection or questions concerning the terms of the permit. Sincerely, L net S. Boyer, PE State Mining Specialist Land Quality Section JSB/jw Enclosures cc: Mr. John Holley, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures Suie of NwW [L I Ewwvmewl Q 1icy I emeg. Mlmrel Rod Ucc4 ct aNCR 1612 MRila = C U= 1512 N.$ Wbmy SL Flog,, NC T7699 919707ccM) T DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT for the. nnermtinn of n mininn activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Winding Creek Holdings, LLC Winding Creek Quarry Chatham County - Permit No. 19-20 -. , , . for -the operation of a Crushed Stone Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: September 6, 2026 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as Incorporated in the permit. T he operator shall have right to a ., hearing at a designated time and place on any,proposed.modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until September 6, 2026. Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: Page 3 OPERATING CONDITIONS' Wastewater and Quarry Dewatwr A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the, Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. The permanent access (plant entrance) road shall be permanently stabilized. During processing operation, water trucks or other means that may be necessary " - - shall be utilized to prevent dust from leaving the permitted area. . - 3. Buffer Zones A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. B. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. C. All buffer zones shown on the Winding Creek Quarry Maps received April 27, 2016 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. Page 4 4. Erosion and Sediment Control A. The operator shall notify the Raleigh Regional Office, Division of Energy, Mineral and Land Resources, at least 48 hours prior to beginning any of the initial land disturbing activities indicated in the approved application for a mining permit and any modifications to this permit thereafter. R Adequa+c marhnnir;al hnrriarc inducting hi it not iimitpH to divf?rGionG, earthen Bikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. C. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Winding Creek Quarry Maps received April 27, 2016 and the supplemental information received January 13, 2016, February 22, 2016 and April 27, 2016. D. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 6. Graded Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure; or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of the quarry opening shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope. Page 5 Surface Drainage The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. S. Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 88 and SD of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure t (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. ,J 1.2 9rasc Vibration Frequency, Hz Figure f Altemalive blasting level criteria (Source modified from Figure 8-1. 8ureeu Of NlineS A.18507) Page 6 B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/Ds)2 Ds = D Wv2 V = 160(Ds)-1 6 W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). D> = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. C. Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 5.0 Hz or lower -flat response 129 peak D. Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U = 82 (D/Woas)-t 2 To convert U (psi) to P (dBL): Page 7 P = 20 x log (U/2.9x10-9) Confined Air blast/Overpressure (dBl_) for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole, blast locaiion; distance from blast to - • -closest offsite regularly occupied structure-, and weather conditions at -the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting: If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. Flyrock Prevention: The operator shall take ali reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered. a violation of the Mining Permit. H. Flyrock' Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document tho cal.isry(Q) of the inr,.irJPnt alnnn with terhnirai anti mananemP_.nt actions that will be taken to prevent further incidents. ' The report shall meet with the approval of the Department before blasting may resume at the mine site. Studies: The operator shall provide to the Department a copy of the findings of any ducted _._ �� _ •._ a.. .J.,...,., f ., seismic studies conducted at Ole rnine site III response to an exceeUence o a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. J. Notice:- - ; The operator shall, when requested by the Department, give 24-hour advance notice to the Division of Energy, Mineral and Land Resources' Regional Office prior to any blast during a period for which notice is requested. 9. High Wall Barrier A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10-foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope. 10. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed nnmmnriate by the Department. Page 9 B. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 11. Plan Modification A. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. B. No mining related activities shall occur within the "Future Overburden Area" until a modification has been submitted to and approved by the Division of Energy, Mineral and Land Resources addressing said activities. 12. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of Energy. Mineral and Land (Resources, Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral, and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts' 5. steel reinforced air hoses 6. [hill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Page 10 Division of Energy, Mineral, and Land Resources prior to commencement of such disposal; 1. the approximate boundaries and size of the refuse disposal area; 2, a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established E. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a valid air permit and are allowed to operate crushing operations forthe purposes of recycling and reuse provided that the following conditions are met: 1. Appropriate quality control measures shall be taken when, the used concrete arrives onsite to ensure that all such concrete processed onsite is clean, inert material. Z Used, clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. 3. No used, clean concrete material shall be permanently disposed of onsite. 4. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off -site. 13. Annual Reclamation Report An Annual Reclamation Reportshall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 14. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $155,400.00 Assignment of Savings Account, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 11 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The -approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is 'suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. .-5: .- . The -revegetation plan shall conform to accepted .and_recommended. agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any, high wall, and grade and revegetate any areas in unconsolidated material. ?. The specifir_.ations for surface gradient restoration to a surface suitable for the planned future use are as follows: . Page 12 A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revenetati nn E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 12.A. through E. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan prepared by O F Patterson, III of Patterson Exploration Services dated January 8, 2016. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, biuestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. Page 13 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this 6th day of September, 2016. J� 'racy E. Davis, Director Divis411��o f _ �ergy, Mineral, and Land Resources Ry Ai ithnrity of thin Rerrratnry Of the Department of Environmental Quality NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by Winding Creek Holdings LLC to conduct mining activities off US Highway 421 in Chatham County. The mining permit (no. 19-30) was issued on September 6, 2016. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150E-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within sixty (60) days of the mailing of this notice tG you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 1506-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 431-3000. I . You must serve the Department of Environmental Quality by mailing a copy of the petition to Mr. Sam M. Hayes, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. Q�TI acy E. Davis X6ctor Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality This notice was mailed on 10 J� (Uh✓Vo Brenda Harris Mining Program Secretary PAT MCCRORY, DONALD R. VAN DER VAART �W Energy. Mineral and Land Resources January21, 2016 TRACY DAVIS eev,NOMMEN a.L atuLlrY CERTIFIED MAIL RETURN RECEIPT REQUESTED 7015 0640 0007 9832 8365 Mr. Bobby A. Branch Winding Creek Holdings LLC PO Box 61 Gulf, North Carolina 27256 RE: Winding Creek Quarry . REC�IVc() Chatham 0�6 Cape Fearr River River Basin AUG Dear Mr. Branch: Mlt`TY ING PROGRAV1 I regret to inform you that we cannot proceed with your mining permit request. The newly submitted assignment form has Bobby A. Branch as the applicant. The applicant on page 1 of the permit application is Winding Creek Holdings LLC, not Bobby A. Branch. If you wish to change the permittee to Bobby A. Branch, request this in writing and complete a new page 1 and land entry agreement with Bobby A. Branch as the applicant. If you wish to keep the permittee/applicant as Winding Creek Holdings LLC, redo the enclosed assignment form with Winding Creek Holdings LLC as the applicant. Make sure the receipt from the bank has Winding Creek Holdings LLC as the owner of the account. If you or your bank have any questions concerning this matter, please contact me at (919)707-9220. 4herely, (��,/�A. Weer Assistant State Mining Specialist\ RECEIVED �® Land Quality Section Enclosures SEP 012016 LAND QUALITY cc: Mr. John Holley, PE MINING PROGRAM /\ _ S'ulwr Norl1612 ail SealeGe cunt Nuzfyley$L. IMlneml ,W Land NC IGu Mail Service Qna 92N, 9200 T S�. Rdeiyh NC 9fi99 919 ]W 9200 T PAT MCCRORY Gownor DONALD R. VAN DER VAART N. sareiay Energy. Mineral and Land Resources January 21, 2016 TRACY DAVIS ENV I IONMENLAL Ot1ALITY airt�r CERTIFIED MAIL RETURN RECEIPT REQUESTED 7015 0640 0007 9832 8365. Mr. Bobby A. Branch Winding Creek Holdings LLC PO Box 61 Gulf, North Carolina 27256 RE: Winding Creek Quarry Chatham County Cape Fear River Basin Dear Mr. Branch: I regret to inform you that we cannot proceed with your mining permit request. The newly submitted assignment form has Bobby A. Branch as the applicant. The applicant on page 1 of the permit application is Winding Creek Holdings LLC, not Bobby A. Branch. If you wish to change the permittee to Bobby A. Branch, request this in writing and complete a new page 1 and land entry agreement with Bobby A. Branch as the applicant. If you wish to keep the permittee/applicant as Winding Creek Holdings LLC, redo the enclosed assignment form with Winding Creek Holdings LLC as the applicant. Make sure the receipt from the bank has Winding Creek Holdings LLC as the owner of the account. If you or your bank have any questions concerning this matter, please contact me at (919) 707-9220. erely, J ith A. Wegner Assistant State Mining Specialist) Land Quality Section cc: Mr. John Holley, PE i State ofNonM1Carolina 1 Emlr Mtal Quality I Envy, Mineral endLmd Amour. 1612 Mani SvtifeQ wl 512 N. Seliabury St. I Noeiok NC 27W f t# A' � d Pt, Cnergy MIRCIaI and Land Resources ENVIRONMENTAL QUALITY Mr. Bobby A. Branch Winding Creek Holdings, LLC PO Box 61 Gulf, North Carolina 27256 PAT MCCRORY caK„N. DONALD R. VAN DER VAART Secmlary TRACY DAVIS May 31, 2016 DDeniow Re: Winding Creek Quarry (Draft Permit) Chatham County Cape Fear River Basin Dear Mr. Branch: Your application for a mining permit for the above referenced mine site has been reviewed but not yet approved. Enclosed is a draft of the mining permit proposed by the Department. The conditions in the draft permit were based primarily upon Information supplied in your application. Other necessary conditions may have been added to ensure compliance with The Mining Act of 1971. The reclamation bond has been calculated for this site using the information submitted in the application (see enclosed worksheet). The bond amount for this site is $155,400.00. The bond is required before the permit can be issued. For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the enclosed draft permit, i.e., Winding Creek Holdings, LLC. In addition to one of these alternatives you may, upon request, substitute a cash deposit. Please review the enclosed draft permit and the reclamation bond worksheet, and contact this office should you have any objections or questions concerning the permit conditions. G.S. 74-51 provides that the operator has sixty (60) days following the mailing of a notice of the required bond in which to file the required surety. The permit cannot be issued until the required security has been received. No mining may be conducted until the permit is issued. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning - regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. Stak of NpN Cueollre I &vvo=ea QwWY IPsergY. Mirenl a,q Wld Pesmvices 1612 Mail SeIviaCnw 1. 512N.Salisb, St, I Iuleigl,.NC29699 9197W9M T Mr. Branch Page Two . Please contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 if you have any questions. Sincerely, 0"o- S S'4A Janet S. Boyer, PE State Mining Specialist Land Quality Section JSBfjw Enclosures cc: Mr. John Holley, PE t DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Winding Creek Holdings, LLC Winding Creek Quarry Chatham County - Permit No. * for the operatinn of n Crushed Stone Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT_ EXPIRATION DATE: *, 2026 • • 2�1 Page In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this nprmit- nrovisions must hp madp for the nrntPrfinn of tha ci irrni inrlinn arn/irnnmant nnH fnr reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until *, 2026. Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: C� • Page 3 OPERATING CONDITIONS: Wastewater and Quarry Dewaterin A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B, Any storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including 'fugitive dust shall be subject to the requirements and rules promulgated by the N.C, Environmental Management Commission and enforced by the Division of Air Quality. B. The permanent access (plant entrance) road shall be permanently stabilized. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and nnfr�rnorl hl, +ho AI (' [7nvirnnmcntni Mannncamant ('.nmmiccinn GI II VIVGA 1-1 1lIIC Ill. v. 1IV 11vi 111— 1— ..rev B. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. C. All buffer zones shown on the Winding Creek Quarry Maps received April 27, 2016 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. ® • Page 4 4. Erosion and Sediment Control A, The operator shall notify the Raleigh Regional Office, Division of Energy, Mineral and Land Resources, at least 48 hours prior to beginning any of the initial land disturbing activities indicated in the approved application for a mining permit and any modifications to this permit thereafter. B. Adequate mechanical barriers including, but not limited to diversions, earthen Bikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. C. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Winding Creek Quarry Maps received April 27, 2016 and the supplemental information received January 13, 2016, February 22, 2016 and April 27, 2016. D. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 6. Graded Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of the quarry opening shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety h pnrh c h n II he nrnvirlpd of fhp fnn of fho rnrk and of fhp fnp of a n v nup rh a rriPn slope. 0 O Page 5 Surface Drainage The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. B. Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 8B and 8D of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. La 1.5 1.0 L9 1,7 La L5 l.d r,� LZ Blast'Abratron Frequency, HZ Figure ; Ailemative blasting level criteria (Source modified from figure 8-1, Bureau ofmnes pis5o7) • • Page 6 i B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/Ds)2 Ds = D Wv2 V = 160(Ds)-'-6 W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). Ds = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. C. Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measurina Svstem. in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U = 82 (D/Wa.33)-i.2 To convert U (psi) to P (dBL): 0 0 Page 7 P = 20 x log (tJ12.9xl0-1) Confined Air blast/Overpressure (dBb) for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E, Record Keening: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; hinn nnrl +r f I nni inrlc of PYnlncivac r►�axim�lm C]nllnds per delay Interval: amount �yp,t. pounds .....r. _ of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure, and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reportinq: If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. Flyrock Prevention: The operator shall -take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to.take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. • • Page 8 H. Flvrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Division of Energy, Mineral and Land Resources' Regional Office prior to any blast during a period for which notice is requested. 9. High Wall Barrier A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10-foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope. 10.Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. 0 • Page 9 B. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 11. Plan Modification A. The operator shall notify the Department in writing of the desire to delete, modify or otherwise eflan(g. e any par[ of tin rnlning, feclanldrlVll, UI e✓IvalolllseUllIIGIIIL control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. B. No mining related activities shall occur within the "Future Overburden Area" until a modification has been submitted to and approved by the Division of Energy, Mineral and Land Resources addressing said activities. 12. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the )mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of Energy, Mineral and Land Resources, Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral, and Land o� ...,. ,. .d... , +h., Ilri�Arinn mn4oriolc +n ho mininn rnfi leo" (in mrir]itinn to Resources considers 'Lille following g IIlate ial's o be II III III IU v.I�+J�.r toI wVluv those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971).- 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the E Rage 10 13 14 Division of Energy, Mineral, and Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3, verification that a minimum of 4 feet of cover will be provided over the refuse; d kiarifir•ntinn that tha rafi ma Will ha rlicnncarl nt 1pact d facet nhnva the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established E. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a valid air permit and are allowed to operate crushing operations for the purposes of recycling and reuse provided that the following conditions are met: 1. Appropriate quality control measures shall be taken when the used concrete arrives onsite to ensure that all such concrete processed onsite is clean, inert material. 2. Used, clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. 3. No used, clean concrete material shall be permanently disposed of onsite. 4. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off -site. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a *$.00 * bond_ is sufficient to cover the operation as indicated in the aogroved armlication. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. 0 Page 11 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. - No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities. shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use areas follows: ® • Page 12 A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D_ Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 12.A. through E. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan. Disturbed areas shall be permanently revegetated according to the Revegetation Plan prepared by O F Patterson, III of Patterson Exploration Services dated January 8, 2016, Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. Page 13 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamationshaii be i!vitiated aS sooi, as fcasibljei ufier completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this * day of * 2016. -39 Tracy E. Davis, Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environmental Quality (,Uind n`UQzlr`�1�., APPLICATION FOR A LG PERMIT • ' h .... Wi Aol, d E. DETERMINATION OF AFFECTED ACREAGE AND.BONII l�;G}StJkY�h/ The following bond calculation workrheet is to be used to establish an apprapriare bond (based vpa�g .of.S500 to x000 per affected acre) for each permuted mine site based upon the acreage approved by the Department to be affectedduring the life ofthe mining aerMit. PZaase insert theaoarozimCe aCreaP& for each CATEGORY Tailings/Sediment Ponds: Stockpiles: - wastepi7es:. Processing Area/Haul Roads: Mine Excavation: Other: TOTAL AFFECTED AC.: (TOTAL PERMTTTEID AC.: AFFECTED ACREAGE Ac, X 3•s Ac. X f?Ta Ac X a Ac. X a Ao. X II.o Ae. X ",% Ac. Ac.): RECLAMATION COSTIACRE* aJ $OkD �4 /Ac. _ $ '/ V V YO /Ae. _ $ 18660 /Ac. ._ RECLAMATION COST $ �3 $ 3YY0d"J $ Sdtlt�a $ go a). affected acres that drain into re drainage when measures will be needed. to prevent offsite seduneatation and sedimentation to cnsite watercourses and wetlands. a) Internal Drainage. R(P..ip AG. - - b) --Positive Drainage 33.1 Ae. x $1,500.00 SUBTOTAL COST: $ 1 aq'q^f7) du . Inflation Factor: oc 0.02-X SU3TOTAL COST: $ - a '� - X Permit Life (1 to 10 years): INFLAT'IONCOST: $ TOTAL COST .suvTO.TAL COST * INFLATIONCOST = $ 1� tlnu Total Reclamation.Rond Cost: $ - m (round down to the nearest $190.00) 14- 1/ APPLICATION FOR A MINING P#VIIT III E. DETERMINATION OF AFFECTED ACREAGE AND BOND to CATEGORY Tailings/Sediment Ponds: Stockpiles: Wastepiles:. Processing Ana/Haut Roads: Mine Excavation: Other: TOTAL AFFECTED AC.: (TOTAL PERMITTED AC.: workaheet is to be used to establish an acre) for each permitted mine site ba g the Iffe ofthe miningpermlt. Please i. ujo%din`�lte 1r 11 C. 146 priate bond (based uponA-a range ton the acreage approved by the AFFECTED RECLAMATION RECLAMATION ACREAGE - COST/ACRE* COST v 1,15' Ac. X °J O /Ac. 3 .s Ac. x $ I S o b ` /Ac. /7-d Ac. x $ doaa�°/Ac. aJ _ $ 3Yyoa a . c Ac. X $ OOa • At, a3 9 Ac. X $ RL6 /Ac. 11•0 Ac. X 0 $ 18o6/Ac. _ $ 1�i,86�° ".% Ae. �q a Ac.) Temporary &.Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to offite watercourses and wetlands. a) Internal Drainage ��P • Ac. b) Positive Drainage - 33.1 Ac. X $1,500.00 = $ y 9 15 D SUBTOTAL COST: $ ! aq- R-s) U" Inflation Factor: &L 0.02 X SUBTOTAL COST: $ X Permit Life (1 to l0 years): f "p INFLATION COST: $ 16 _ TOTAL COST = SUBTOTAL COST+ INFLATION COST = $ 1 �� bibi�Qu Total Reclamation Bond Cost: $ t 7l]U (round down to the nearest $I00.00) l4- MINING CHECKLIST FOR ROUTING Applicant's Name: lulodl 0 ]do PrqutName: WI Wl( ApplicVPermr: mit County: did ld. t Dam Received: y t_W")(J _ Revieuti River Basin Nave. Nem ❑ Renewal ElModification(imidepmmitboundaries) ❑ Modification (outside �boundaries) ❑ Transfer ❑ Rehase ❑ ...,:ial Rclmsc w Adaitiar' Irjrnnunum ❑ Pee iJeeded: F. ❑ Fee Received: s Please r ute entire application package to: / 1 Regmnal Office(c complete mpus; attach the"LQS Regional 0#vve Muting AppRossim Rmiew asElketeme�andanach both the D WQw d DWR "Mining Application Reoiw Form" w the othro" rmd k ehmplu w the Rrgtoml Engineer) Date: Routed �7 Reed El Division of Water Resources Date: Routed t Reed ❑ NC Wildlife Resources Commission Dam: Routed Ree'd ❑ US Fish dr Wildlife Service Date: Routed Reed (Orly one appliestiav and maiweatim requests that add land to the psmot) Please route fint 3 paRts of the application and arty location mops to ❑ Divisim of Parks u Recrea[ion Dote: Routed Reed ❑s NC Geatogicd Survey Section Date: Routed Ree'd ❑ DivisimofMarine Fisheries Date: Routed Reed ❑ Division of sail a Waco Consensatim (plus LEA) Date: Routed Reed (Odynwoppliauimu e� molifieaomr rcquerts thatadd Iced to eM permit) ❑ DivieimofArehicea dl History Dare-RounA Reed (cwYarms applirmss) ❑ Other: Date: Routed Ree'd ** Suspense Datefor Comments: 0a'6 4 (no later than:y daysfmm receipt) l s�a�►b u Please Hare thefollowing: n I� i r EXPLORATION RECEIVED APR 2 7 2016 LAND QUALITY MINING PROGRAM Ms. Judy Wehner, Assistant State Mining Specialist NCDENR — Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 P.O. BOX 3008 - SANFORO, N.C. 27331-3008 - (919) 774-3770 FAX: (919) 774-3510 April 25, 2016 RE: Response to your March 23 adi — "Winding Creeks Quarry" Dear Ms. Wehner: On behalf of Winding Creek Holdings, LLC, Patterson Exploration Services is submitting response to your March 23 letter requesting additional or revised information for the Winding Creeks Quarry. Please find attached "new originals of pages 1, 17, & 18 ", two copies of the revised permit drawings, and Certified Mail receipts for additional "adjoining property owners" as requested. Every effort has been made to address any concerns the Land Quality Section may have had relating to this proposed operation. If you have any questions or require additional information, please contact me. Sin ely, RECEIVED O.F. ° uss° Patterson, III, P.G., C.P.G. APR 2 i PATTERSON EXPLORATION SERVICES LAND MINING PROD ; Cc: Winding Creek Holdings, LLC RE,t,j file Energg Mineral andl.and Resources and VIIIONMFNr J allALITY Certified Mail Return Receipt Requested 7009 0080 0000 9765 2171 Mr. Bobby A. Branch Winding Creek Holdings LLC PO Box 61 Gulf, North Carolina 27256 RE: Winding Creeks Quarry Chatham County Cape Far River Basin Dear Mr. Branch • PAT MCCRORY. co. DONALD R. VAN DER VAART TRACY DAVIS LH,vN� March 23, 2016 We have reviewed the modification request your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: 1. A permit cannot be issued without an originally signed page 1, 17 and 18. There are no originally signed documents on file with this office. Please properly complete the enclosed pages and return the originally signed pages to this office. See attached new "originals" of pages 1, 17, and 18. Executed in BLUE ink! 2. Provide proof, such as copies of the signed return receipts from certified maul, the following landowners have been properly notified: Odell B Thomas, A Womple Cy[pdration, John Russell and Kare Wilkins, Jr., Jane Willett, Bynum t a r Hei FI n M. Jar), s and ps t1� !JAB Fgdfg14l>w T.I� Ono ei to .JRr), erenP g1VA��LT. sl�ua aI �m,a Manhew Reisman. I 6sse r. Jane filet{!'a a aw can no iiI ham sun ry as nb record "M11aq C. Ferrell. 3. The following erosion and sediment control issues still need to be addressed: A. Where stream channels are well defined, the buffers should be measured from the top of the bank. B. Stone thickness, orifice sizes, and concrete anchor dimensions are not consistent between sheets. C. Designs must be consistent with supporting data. A- Callout on Sheet C-2 has been changed to indicate the buffer is from the toy of stream bank. B- All have been corrected to match on Sheets C4 & C-9. C- Design information has been updated to match cekulelions. Sme NNmWfl " Irnvamnbl PINK 6nvp". MimN mtli,isdfrwv ul]Mul3vuis Cxorl912 N.9NrMy A. RYvi{A NC 11fi99 919 an M 7 0 • D- Pond depth has been adjusted to allow 1.0 feet between top of riser and barrel. Callouts have been updated on Sheets C-4 & C-9 E- Diversion outlet protestion has been added to all basins that must extend to bottom of basin. Certified Mail The diversions that were previously shown are rock -lined diversions that extend to the bottom of the basins. Additional protection to the basins is indicated on Sheet CA. Mr. Branch Page Two Drawings have been updated to show current adjoining property owners and modifications and corrections requested. D. Skimmer basin #5 has a top of barrel elevation that is the same as the top of the riser. This needs to be adjusted to ensure constructability. E, Lastly, armored entries need to be shown for all basins. 4. Proof must be provided that your company is in the process of obtaining the necessary DAQ and NPDES permits. Both permit applications were submitted on February 17, 2016. The DAQ Air Permit No. 10487R00 was issued on March 18, 2016 5. Please find comments from the Division of Water Resources regarding this site Provide an approved stream determination and an approved wetland delineation of the site. Provide the necessary stream crossing a? rovals. The stream determination documentation has been added to Sheet C-16. ere re no wetlands and o strea crossi s on this site. Please�e a�vlsed' hat our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. in order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. 0 9 Certified Mail Mr. Branch page - ---. Please contact me at (919) 707-9220 if you have any questions. Sincerely, Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosure CC.' Mr. John Holley, PE APPLICATION FOR A MINING PRMIT O NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name or Mine: WINDING CREEKS QUARRY County: CHATHAM River Basin: CAPE FEAR Latitude (decimal degrees to four places) 35.617067 N Longitude (decimal degrees to four places) 79.362753 W 2. Name of Applicant*: WINDING CREEK HOLDINGS, LLC 3. permanent address for receipt of official mail**: P.O. Box 61 Gulf, NC 27256 Telephone: (919) 708-8465 Alternate No. ( ) 4. Mine Office Address: P.O. Box 61 Gulf, NC 27256 Telephone: (919) 708-8465 5. Mine Manager: Bobby A. Branch We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. *"Signature Date y �L Print Name: Bo y A. Branch Title: MANAGER • This will be the time that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. •' The Land Quality Section must be notified of any changes in the permanent address or telephone number. Signature of company officer required. G.S. 74-51 provides that the Department shall grantor deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing Is held, within 30 days following the hearing and the filing of any supplemental information required by the Department All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MINING PERMIT 0 AFFIDAVIT OF NOTIFICATION I, O.F. Patterson, III , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duty swom, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine 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 List for Adjoining Property Owners (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which anypartof the permitted area is located and thatnotice 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.] Renee Paschal, Chatham County Manager P.O. Box 1809, Pittsboro, NC 27312 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the ahove notices were caused to he mailed and to nrovide them to the Denartment unon request. Signature of Applicamptaon'I".1 Date If person executing Affidavit is an agent or employee of an applicant, provide the fallowing information: Name of applicant: Winding Creek Holdinps, LLC Title of person executing Affidavit AGENT `1 ` a Notary Public of the County of Lka C - L VY� , State of North Carolina, do hereby certify that C)V7 appeared before me this day and under oath acknowledged that the above Affidavit was made by himther Witness my hand and notarial seal, this o7 _day of Notary: \ S'-y� Y my Commissi�xpiA? AGBLIC 0'0 _�7_ o ,CODso C1 E Adjoining Property Owners May not be same now since properties changing owners Armental Bynum Greene,1226 Park Street, Peeksville, NY 10566 Matthew Reisman, .132 Jones Farm Road, Pomaria, SC 29.126-8648 (formerly Flynn Jones, Bynum Sinclair Heirs) John R. Wilkins, P.O. Box 384, Goldston, NC 27252 Mejia Enterprises, LLC, 1004 Heningway Drive, Raleigh, NC 27609 David F. Perrell, Trustee, 3015 Tramway Road, Sanford, NC 27322 (formerly Nancy C. Perrell) Mary Alvice Laslev. 10 Emory Point, Sanford, NC 27332 Winding Creek Holdings, LLC, 402 Forestwood Park Rd., Sanford, NC 27330 Bobby A. Branch, 402 Forestwood Park Rd., Sanford, NC 27330 (formerly Odell B. Thomas and T.A. Womble Corp.) Mark C. Easter, 67 Bynum Perrell Road, Bear Creek, NC 27207 Roger A. Phillips, 107 Bynum Perrell Road, Bear Creek, NC 27207 Melvin E. Perrell, 21 Campbell Road, Bear Creek, NC 27207 David F. Perrell, 440 Roscoe Road, Bear Creek, NC 27207 James Ralph Sipe, 990 Ralph Sipe Road, Bear Creek, NC 27207 Randy A. Smith, 8341 Old HWY 421 S, Bear Creek, NC 27207 Jody & Tina Harris, 8343 Old HWY 421 S, Bear Creek, NC 27207 NOTIFIED VIA CERTIFIED MAIL mailed 4-21-2016 John R. Wilkins, Jr. and Kare Wilkins, P.O. Box 403, Sanford, NC 27330 Jane Willett, c/o Jane Willett Cromer, P.O. Box 85, Gulf, NC 27256 U.S. Postal Service" CERTIFIED MAILO RECEIPT M .n Domestic Mait Only Er E• Fu L-F), 4C 2-.7256-C ` a B fl H zL ru ru E3 Certified Mail Fee Nc' Extra -SCrftles & Fees ftt=k ba% 0PAI= Newt r_q E3 0=000py) 0 RatanFkm*t (elect' -so 6 Post r. EZI 0 OWtNd Mea Rendered00—Y He C3 13 Aidu:t swezura [3 Adun 54,aU. Restrum Deoveq S Ell Postage Total Postage and Fees r-1 � Sent To W! Gr k r-- C:X .;0 17- or Q!�O - toDomestic Mail Only r-3 cr For delivery information, visit our website SANFORN- VC 21-6-6-1 11 17- b if- b FU Certilied Mail Fee ru C3 S Extra Services & Fees wwc* bar, Ow hams r-1 Ratan Receipt PtarOcqw) S— it C3❑ Retain Receipt (ekttmvc) 3 C3 Q certirmd ma Reafted Dww-jy s CO Cj Adult SV=m 11=4red $ C3 [] Adult 34-U- Rvstdcted Datbwj 3 Postage 7 r=1 i50 Postage end Fees Uri $ 4 71 111-14-1 � I -a. Is —� 71- IN Gr Po�"ark Here 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 maybe 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: e Signature: f1 Print Name: Bobby A. Branch, Manager (Title, if applicable) Company: Winding Creek Holdings, LLC Address:P.O. Box 61, Gulf, NC 27256 Telephone: (919) 708-8465 Dale Signed: �_ APPLICANT: Signature:* Print Name: Bobby A. Branch Title: Manager (If applicable) Company: Winding Creek Holdings, LLC Mine Name: WINDING CREEKS QUARRY Telephone: (919) 708-8465 Date Signed: t i2 j 6 *Signature must be the same as the individual who signed Page I of this application. or money c sent to the form. rrtment of Environment and Natural Resources must be the address listed on the front cover of this application Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. Is- A Wenner, Judy From: Russ Patterson <russ@pattersonexplorationuom> Sent: Wednesday, April 27, 20161.46 PM Wahner Lldy Subject: Winding Creeks 2 Green Cards Attachments: Winding Creeks 2.pdf Judy, Please find attached above the Certified Mail Return Receipts for the two additional notifications. Russ 0 ■ Complete hems 1, 2, and 3. m Print Your name and address an the reverse so that we can return the card to you. / ® Attach this card ro the bxk of the mallpreLt or on the front U space permits. . NNW9 FaOR53 ' 111111111111111111111111111111111 H III 9590 9403 0517 5173 1024 75 7015 1660 0001 0227 complete Items 1, 2, and 3- • Print your name and address on the reverse as that we can return the card to YOU. to Attach this card to the back of the mallpleoe, '.%Aims addresses 1q (,��_L l �ortWl, �roWe'r °03 C. 2'1 a 51n 1�11�III�IN{II1111111NINIIIIIIIIIl911 �gp 9403 0517 5173 1024 51 ❑!gent ❑ No DR ray Mdlhpia � PeB19aMMm'° O PoplrtoW MCAMaItkIW 0 O� �u�GrN O 51Bmturt CbNvmaLm,x o alia�urvCo,Mmollm ndnneuoawory Agent ❑ No 0 Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY Certified Mail Return Receipt Requested 7009 0080 0000 9765 2171 Mr. Bobby A. Branch Winding Creek Holdings LLC PO Box 61 Gulf, North Carolina 27256 RE: Winding Creeks Quarry Chatham County Cape Far River Basin Dear Mr. Branch: March 23, 2016 • PAT MCCRCRY_ cow w DONALD R. VAN DER VAART s.T,mr TRACY DAVIS Ourtbr We have reviewed the modification request your company submitted forthereferenced 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 irvvIthcfiivi IIilfvrmativn I aULIC will lvwIl wililmeFILO. A permit cannot be issued without an originally signed page 1, 17 and 18. There are no originally signed documents on file with this office. Please properly complete the enclosed pages and return the originally signed pages to this office. 2. Provide proof, such as copies of the signed return receipts from certified maul, the following landowners have been properly notified: Odell B. Thomas, A Womble Corporation, John Russell and Kare WilKins, Jr., Jane .Willett, Bynum Sinclair Heirs, Flynn M. James and Ila W. Jones, and Mary C. Ferrell. The following erosion and sediment control issues still need to be addressed A. Where stream channels are well defined, the buffers should be measured from the.top of the bank. B. Stone thickness, orifice sizes, -and concrete anchor dimensions are not consistent between sheets. C. Designs must be consistent with supporting data. Slow, of NO CMUM IQWliry l Ems®, MinaM 9ndland R mtvz 1612 MvI SAM" unw 1 512 N. Salisbury St RAcial NC 22699 919709200 7 ® s to Certified Mail Mr. Branch Page Two D. Skimmer basin #5 has a top of barrel elevation that is the same as the top of the riser. This needs to be adjusted to ensure constructability. E, Lastly, armored entries need to be shown for all basins. 4. Proof must be provided that your company is in the process of obtaining tale necessary DAQ and NPDES permits. 5. Please find comments from the Division of Water Resources regarding this site. Provide an approved stream determination and an approved wetland delineation of the site. Provide the necessary stream crossing approvals. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to. complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Qualitv Section Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are Unable to moat thic HQ!nelIino nri ad Lach to rorllinof onrii+inrtial +im!o %Yi4 I IIC+ clikmi+ inf�rrr4.-C-,n +w 11uv1�y 111- %1- MV-411V -- YYIV11 LV I VL.f l.44.rVL GGVILlV14G1 L41i14, y1../G 111GJL buU1111L IIIIVIIIICILIVII, 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 posslole. Your prompt response will help us to complete processing your application sooner. 0 u Certified Mail Mr. Branch Page Two Please contact me at (919) 707-9220 if you have any questions. Sincerely`, Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosure cc: Mr. John Holley, PE Wehner, Judy From: Halley, John Sent: Tuesday, March 22, 2016 3:54 PM To. Wehner, Judy Cc: Boyer, Janet; Adams, Diane; Cole, Brad Subject: Fw: Winding Creek Holdings -LC/ Mine application additional information review/Chatham county I have completed my review, and I offer the following to supplement Diane's notes below: - While the conceptual plan appears satisfactory, there are still some details that need to be worked out. Where stream channels are well defined, the buffers should be measured from the top of the bank.Stone thickness, orifice sizes, and concrete anchor dimensions are not consistent between sheets. Designs must be consistent with supporting data. Skimmer basin #5 has a top of barrel elevation that is the same as the lop of the riser. This needs to be adjusted to ensure constructibility. Lastly, armored entries need to be shown for all basins. Once these mods have been addressed, I can support approval. If there are further questions, please advise. From: Holley, John Sent: Tuesday, March 22, 2016 3:06:12 PM To: Wehner, Judy Cc: Boyer, Janet; Adams, Diane; Cole, Brad Subject: Fw: Winding Creek Holdings LLC/ Mine application additional information review/Chatham county 1 completed my revi From: Adams, Diane Sent: Friday, March 4, 2016 12:59:12 PM To: Holley, John Subject: Winding Creek Holdings LLC/ Mine application additional information review/Chatham county John, I have reviewed the revised mining plan for the subject site and offer the following comments based on responses and information provided by the applicant: Item #1-applicant states original submitted with plan, If original is not satisfactory, a new application with notary signature should he provided Item#2- Return receipt copies provided Item #3- Construction sequence revised to provide better phasing. Item #4- addressed Item 45- appears addressed on sheet C4 ieiY #6 aymboi3 shown il5 btiifer3: Au enpianaiion has been proviueu' fGr wiry Sediment one erUSiU❑ Cert fret rnea>ure> are in buffer area. For purposes of following the plan, the construction sequence should also state that no buffer is to be disturbed. Item #7- addressed Item #B- addressed (sheets C4 and C9) Item #9- has stated both DAQ and NPDES permits applied for, but has not provided receipt letters or copies of applications. 0 0 Please let me know if you need any additional information. Sincerely Diane Adams C. Diane Adams Senior Environmental Specialist NC DEM, LQS 3800 Barrett Drive, Raleigh, NC Phone: 9 l 9-79 l -4200 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. rn�,Fo North Carolina Department of Natural and Cultural Resources State Historic Preservation Office aamann M. names, Administrator liovmna Pat McCrory Secroary Susan Klan March 21, 2016 MEMORANDUM Quire a]Arehiv and tlbmry reams Smcmp, Kevin Clmn� TO: Brenda Harris Land Quality Section Division of Land Resources, NCDENR FROM: Ramona M. Bartos(2t4f ROL x csta M,Q�ADs SUB.IEC r: Application for Mining Permit, Windings Creek Holdings, LLC, Winding Creek Quarry, Chatham County, RR 16-0144 "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 I-listoric 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 lot federal permits may require further consultation with us and compliance with Section 106 ofthe National Historic Preservation Act. Thank you for your cooperation and consideration. Ifyou have questions concerning the above comment, please contact Renee Gledhill -Harley, environmental review coordinator, at 919-807-6579. I.oation'. 101 Gasl Jones Sweet. Makif NC DWI road line A domestf, ll Mail oRiee Con l e,, Sudan NC 276994617 1eleahnne/Fu4a919)Xn!"IMID74599 0 0 Walther, Judy From: Adams, Diane Sent: Friday, March 04, 20161:01 PM To: Werner, Judy Subject: FW: Winding Creek Holdings LLC/ Mine application additional information review/Chatham county Judy, I have provided John with the following comments (see email below) for the Winding Creek Holdings site. He may provide additional comments under separate email. Thanks Diane From: Adams, Diane Sent: Friday, March 04, 2016 12:59 PM To: Holley, John <jahn.holley@ncdenr.gov> .,,.Ut«....,,: ,,:% :CCN nU,,,:1 53 U-.,r :.,,::LOU ,NNIIP-aL,I, III IL.I I1,o L,UI„ C„IC.,,r..I IU LI 101 11 U1 u.r John, : n'o r'r'v:ew'cu L„c,cvncu ,:::i ing plan for L:e oubjait site and offer the IuIo trg wm' Ients baa'cd oil responses and information provided by the applicant: Item #1-applicant states original submitted with plan. If original is not satisfactory, a new application with notary signature should be provided Item#2- Return receipt copies provided Item #3- Construction sequence revised to provide better phasing. Item 44- addressed Item #5- appears addressed on sheet C4 Item #6- symbols shown in buffers: An explanation has been provided for why sediment and erosion control measures are in buffer area. For purposes of following the plan, the construction sequence should also state that no buffer is to be disturbed. Item #7- addressed Item #8- addressed (sheets C4 and C9) Item 119- has stated both DAD and NPDES permits applied for, but has not provided receipt letters or copies of applications. Please let me know if you need any additional information Sincerely Diane Adams n Senior Environmental Specialist NC DLNR, LQS 3800 Barrett Drive, Raleigh, NC Phone: 919-791-4200 0 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. Wehner, Judy From: Russ Patterson <mssC pattersonexploration.com> Sent: Friday, February 19, 2016 4:42 PM To: Wehner, Judy Subject: Winding Creeks adi Attachments: Parnell Letter.pdf, Wehner.Branch Cert.Lettecpdf Judy, Sent via Fei today response to the Winding Creeks adi letter. Found the last returned notification letter in the Post Office (attached above). We need to be able to send Registered or Certified Mail w/o receipts as it takes up to 60 days to get the receipt or letter back. The PO no longer may be trusted to deliver or return CM/RRR as you can see on your letter to Bobby Branch with the green card attached (also see attached above). Have a big weekend! Russ North Carolina Department of Environment and Natural Resources Division 04' Energy, Mineral, and Land Resources Land Quality Section 1612 Mall SUNfce Center Raleigh, North Carolina 27699-1612 MR ROB By A BRANCH WINDING LP;i;.0 k Ct r,!NGS LlC YOeph 61 GULP NC 27256 ...,.. 'T'25'e.9:po6i Saco, 01'y)..,"IVnil)L9Qil,.�ipyl.11ll'�il�ili)tl�p)I),).LI I ns,.n.:..reva, r`"r�° v/7-o/Z°wawwrcu,s-.,an vonaWcu't tot U0.4 seI I - 96'ih 066e 2G60 OE92 EY04 ram niw aw Ms.w1 wvnveo:n a Euvoo r�nmrsna ' uIA.w-.aa eNvnem e tii d s xm o! on sowimn-r r99a3 �>ue,ana ax n sa a e { : w aX ac++. of ° 44 .' L I�'j rE.rJN5.H 11 ,..'e. V 110-1m c 3r nPull, z I wma ao.uou ° c7 ] PATTERSON EXPLORATION SERVI( C4CTJy�. P'l 3000 9�NFORO. N.C. T]]19 Illlf ifl I I I Illll�l�lil I I IIII I I IU12 0117C 0001 e377 1163 p �( LM��E Perrell `a"�� 21tCampDell Road _r y� Yti�y`„ Bear Croek, - k 6 XTE G n ,1i TO J % ORdJ.!jp sc ;3p0, 3 "[6 O 3Oi 13-{tl 3 'tI331�{3fi4tl �1�i.i. Ip '-1 1�I ':dll1°I�;i '•�_t. ._. > - t PC90 e4191SO SOP 806+6 t �IL"°°� Illllllihlllll!III�IIIIIIIIICIIIIIII�III� ti ���' 'S3:n mo aw+o _'TTI111b a Ili MR MW I 'Ma110 bA "NM�1 4 IW Ml apy0 _ Qtlp 'faA Pi p'A>i1&LLrlaM1iOaMff41O P Pen, % nec oa aP nNPpu put emm Calla vimggy 'C P•i02'I mute Coll I � - • • MINING CHECKLIST FOR ROUTING 0441 1� Applicant's Name: el r 9 r ProjectName: !n1 �. - f ///� Applic.% Permit No: County: �p ICj�FI[�yy f Date � Received: a Reviewer: kttc/ River Basin Name: �SQ,nb New ❑ Renard ❑ Modificasivn(inside permit boundaries) . ❑ Modification (outside permit oundaries) ❑ Trarsfa ❑ Release El Partial Release /Additional Information ❑ Fa Needed.; ❑ Fee Received: ii Please route entire application package to: Regwvrel "11"' (tomnpke"mach tk "LQ$ RegwW OJFim Mimng Applimwe Rmim Chodlid'toever co" m� maF bob the DWQad DWR "MieugApplicatim Review Fonsoto tkotkr tom said both mpks to the Regimd Engineer) Date: Routed Ra'd ❑ Division of Water Resources Date: Routed Ra'd ❑ NC Wildlife ResourcesCammission Date: Routed Rtt'd ❑ US Fish it Wildlife Service Date: Routed Rec'd (Only haw dwimtimaandnmd ficativn repels that add Imd m the permit) Pease route first3 palls of the application and any laation maps to: 4 i 'pis �❑+', Division of Parks it Recreation Date: Routed Rtt d . - E] NC GeologicalSurvey Section Date: Routed Rec d ❑ DivieionafMarine Fisheries Date: Routh Recd ❑ Division of Soil BWater Conservation (plus LEA) Uate: Routed Recd (Only non applicmimu and modifiwi^m req,mses thou odd lad to tk psmait) ❑ Division of Anchises all History Date: Routed Ra'd (lTdy nswpphraas) ❑ Other. Date: Routed Reed "Suspense Date for Comments: (no later than as days from receipt) 11 Please note the following: I .A N Energy, Mineral and Land Resources ermlaoaueNru nuwnv February 9, 2016 PAT MCCRORY n,mermr DONALD R. VANDER VAART s.rnm. TRACY DAVIS rnam,. Certified Mail RECEIVED Return ReceintReeuested 7013 2630 0001 8990 4696 FEB 2 2 2016 Mr. Bobby A. Branch Winding Creek Holdings LLC LAND QUALITY PO Box 61Gulf, North Carolina 27256 MINING PROGRAM RE: Winding Creeks Quarry Chatham County Cape Fear River Basin Dear Mr. Branch: RESPONDED To: February 18, 2016 We have reviewed the application you!your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with thefollowing comments: Provide originally signed .pages 1, 17and 18. Pleasefind enclosed new pages 1, 17 and 18for your use. Properly complete the forms and return the originally signed and notarized pages to this office. Originals submitted with initial permit package. Extra copy attached. We cannot backdate notarized does. 2. Provide proof such as copies of the signed return receipts from certified mail that the county manager and adjoining landowners have been properly notified. TWO SETS ATTACHED Ensure that all basins and culverts are designed to include all of the drainage areas flowing to them, ex., Skimmer Basin #4 discharges into Skimmer Basin #3, all cumulative drainage to culvert #1, etc. Construction sequence on sheet C4 has been revised to indicate removal of TD#4 once SB#4 is installed. The drainage area to culvert #1 has been accounted for in the calculations for PD#16 which collects all upstream channels and drainage. SWoorNi M Cmolina I InVlrmmmW is alily I Itmagy. Minml mdlmd Rmurm 161110dl SmuCntcr 1511N.Salis qSl I Ralcigh NC276 919707UN T 0 • 4. Increase the length of the construction entrance sufficiently to prevent tracking onto the four lane highway. The construction entrance has been increase to 150 ft. 5. Show emergency spillways on natural ground and/or provide non - erosive conditions for the spillways. The plan symbols have been changed to show the spillways in natural ground. Also previously there was a note on the plans indicating this to be constructed in this manner. See Sheet C4. 6. Remove all erosion and sediment control measures from the undisturbed stream buffers. It appears that much of the ""Existing Buffer" will be affected by grading and access to portions of the site. Provide acreage for this buffer to be included in the affected acreage. Relabel this buffer as "unexcavated" and the stream buffer as "undisturbed". The buffers are not to be disturbed. The symbols are show in the buffers due to scaling and presentation. There is sufficient room to install silt fence and diversions outside of the undisturbed buffers. If it is shown as it will be installed in the field the symbols and lines will be on top of each other. 7. Class 1 and B riprap must be shown 18 inches thick with geotextile fabric underneath. The depths have been changed to 18 inches in channel tables. The rip rap channel detail has been modified to show geotextile fabric on sheet C10. 8. Revise the skimmer basin detail to show proper scale. The top of riser for Basin #5 is the same as top of barrel. Address this. The depth of the pond has been increased to 4.Oft to allow 1.0 ft difference in top of riser and top of barrel. See Sheets C4 & C9. 9. Provide proof that your company is in the process of obtaining the necessary air quality and water quality permits. Both DAQ and NPDES Permit Applications have been prepared and submitted on 2-17-2016. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processina of vour application, please forward two (2} copies of the requested information to my attention at the following address: Land Quality Section Division of Energy, Mineral and Land Resources Department of Environmental Quality 1 R1 � Mail �ar�irw C'.Pntar Raleigh, NC 27699-1612 As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline ca not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limitfor 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 Land Quality Section Enclosure: Page 1, 17 and 18. cc: Mr. John Halley, PE Wag econtrol z15101tL\i5IGIGIN;iof9j,III NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine: WINDING CREEKS QUARRY County: CHATHAM River Basin: CAPE FEAR Latitude (decimal degrees to four places) 350 379 01.44" N Longitude (decimal degrees to four places) 790 2P 45.91" W 2. Name ofApplicmt": WINDING CREEK HOLDINGS, LLC 3. Permanent address for receipt of official mail•": P.O. Box 6l Gulf, NC 27256 Telephone: (919) 708-9465 Alternate No. ( 1 l 4. Mine Office Address: P.O. Box 61 Gulf, NC 27256 Telephone: (919) 709-8465 5. Mine Manager: Bobby A. Branch We hereby certify that all details contained in this Permit Application are true and correct to the hest of our knowledge. We fully understand that any willful misrepresentation of facts will be muse for permit revocation. rsrSignat= 6fJ. �l// Date K. wir 7VPtb Print Name: Bobby A. Branch Title: MANAGER ' This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. The land Quality Section must be notified of any changes in the permanent address or telephone number. •'• Sienalure of company officer reaui[ed, G.S. 74-51 provides that the Department shall grant or deny an application for a pemritwithin 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing or any supplemental information required by the Department. AB questions must he addressed and all required maps nrnvided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 11 O F Patterson. III , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly swom, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feel 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 gi ven on a form provided by the Department: (Adjoining Landowner Name) (Address) See Attached List for Adjoining Property Owners (Attach additional list if necessary) I do also most that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] Renee Paschal, Chatbam County Manager P.O. Boa 1809, Pittshore, NC 27312 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 Insetis owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC SB .0004(d). 1 understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused ,tto�hee�mailed and to provide them to the Department upon request. • �l-I lwr''v�/� January 11, 2016 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: Winding Creek Noldinna, LLC Title of person executing Affidavit AGENT t� 1, W a e.�CN (: (✓vim t�, e - a Notary Public of the County of C `caay" , State of North Carolina, do hereby certify that C)F -R0.-lA e rs Ort Q appeared before me this day and under oath acknowledged that the above ffidavit was made by hinulter. o uu n. Witness my hand and notarial seal, this _1.Lday of O I _e�t29-..144, Notary: LX) en- 1 nmy Commission expir ORM vO c 17 - �.yg4r COUNT.re. 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: Signal=: Print Name: Bobby A. Branch, Manager (Title, if applicable) Company: Winding Creek Holdings, LLC Address;T.O. Boa 61, Gulf, NC 27256 Telephone:(919) 708-8465 Date Signed: / 'A 3 APPLICANT: Signature:' Print Name: Bobby A. Branch Idle: Manager (If applicable) Company: Winding Creek Holdings, LLC Mine Name: WINDING CREEKS QUARRY Telephone:(919) 708-9465 / Date Signed:_//J� '✓�/� ___ 'Signature most be the same as the individual who signed Page 1 of this application. sent to form. irtment of Environment and Natural Resources must be the address listed on the front cover of this application Inquines regarding the status of the review of this application should be directed to the Mining Program stall of (919) 707-9 20. Is- North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699.1612 MR BOBBY BRANCH WINGING CREEK HOLDINGS LLC PO BOX 61 GULF. 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'Jiy �i�r r.D. oox edwaxxwaD. x.<.nal.00 I ����� I � • 7012 0470 0001 6377 2076 _. vrAsmII:IIm441I'�1I'I ' 1 ��Il�illlll�� IAN 5 2016 d F'ei�8 I�nA 4� 8840 &� taxl [ :3G D[ 3 0001t17(li/16 urxvmw+ F.-Tj R:i TOS Trot NDER I cz JNASLS TO FOR;J; �— 2C: 27i313968Dd !04id-DD96"-14-RH 773310doos 11'Ird6idurihPbu.dr'Igiir.��r,ii6,lir,rgidniuiirl USPS.COMA - usrs Tfzt pe )Jan", aul PAR [.ya [ra�.s u...rm V:p911..w. 6ryu�lLpnx USPSTracking© A2USPSCOM' Customer`"`<" 6rw c*, nem wnew. Got Easy Tracking Updales Syn up lul My R frp0k.ln0 Number. )OfM06000f E]))f 96] Your IRm was rotunwE to the sander an February 1. 2016 At 1;09 Pen in REAR CREEK. KC 2)20T because it was not clabred by the addresses once ano item reaehsd tb mealmum heN 1vnp al the poet of£w. Piodu0-&-TTaZkin`g Information Available Actions Facial Pro"usu faatum: V,U%ICMy Wfe comfoo My Seem Receipt IeU UKMue 5pe ne<Yng ter elntan nem: 95009rGT051151)]6a]<15 eman unlaes tune a nup 61rar1G OF np1 1JI TKWI Fe6nnry 1. MIS 1:02 an, Unei^�lrt•V. U4eli� dE/R r. RkEK NC VM7 . eapeee Jaeery 16. 2m6, 1049 xx MW lnn lRe MimWpO 6FAR GREEK, AC);JG) Rmpem nntacl ,fakmry 10,2915, ais pa AmcE.tl lmi 6[AR GRFLK PIG 22007 JY Iry 16.)01E, 1227 am Oeyalee 11DPS I MIN ['JllfVtiHORO, SG))IA9 January I4 416. ) 13 em 4rb<O M USP6 Fedey GIIES:d3IM 0. TAG 2tag! Jpftah 13. MIA. 1035 pro 0sMewl USI.3 I'aam 1NtAnALM 111]))]0 ,IamIDY 4"is 10'Is am GmrM C119K Yp4m NAAMI I61Na]TI0 Jknw,y v,)016. 1 eapn aAResw 9ARFGRG. HC 11W Track Another Package Manage incoming Packages tpckm9{a rtelW wmaOl IxR.4tW Te19•Irmmnar6xe.N Ie OYIIMJ MICN111aLea W 9. ko Yn11Wm%01Wn196] trac,n Sias up lot my USPS1 Imps:(Ilopls.usp..<mmpelhxL[emsmMlipnwelon'h4wIMIN)01JOe)00°m60)'hpA9 PaOc 1 07 2 • Wehner, Judy From: Smith, Danny Sent: Friday, February 12, 2016 5:18 PM To: Wehner, Judy, Holley, John Cc: Rodgers, Ashley Subject: 19-30 Attachments: 19-30 D W R REVIEW SHEET 2013-ds2016.doc Please see comments to Winding Creek Quarry Chatham County. Danny Danny Smith, Supervisor Raleigh Regional Office Water Quality Regional Operations Division of Water Resources (919)791-4252 Print this form to PDF Return POof this form to DEMLR CD by email. w DEMLR R0, DWR SPU Sew a copy to the wrmittee. MINING PERIIRIaaT APPLICATION REAW FORM forthe DIVISION OF WATER RESOURCES Project Name Winding Creek Quarry DEMLR Permit # 19-30 County: Chatham Applicant's Email: Russ (russ@pattersoneaploration.com) PERMIT ACTION TYPE: New YES NO Date Commencing Have land disturbing activities started? Date? r( l+ Latitude: 35.6171 Longitude:-79.3627 Please return comments to (at DEMLR CO): Judy Wehner SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Yes- see comments at bottom of page Comments: Class C streams unnamed tributaries to Bear Creek C Waters in Caper River Basin are depicted on a USGS mans with in the subiel Watershed/Stream Name & Classification: unnmamed tributary to Bear Creek, C Waters in Caper River Basin DWR Compliance Status of Mine: new site Does this mine (or previous owner) have DWR back fees to pay? _NA If yes, amount: Is this mine an active permit in BIMS? no stormwater permit listed in RIMS for Winding Creek Quarry YES NO SUWeitland Cer0regwred?fx " �y (seelcommenta'bel y , 401 Wetland Cert. existing? l—( Permit # r( Does,DWRRO�Iiave enou h-.iriformahon"to" *'"r'';'""a " 'r idetermme if,a,407 certification is regwretlt1 Is an O & M Plan needed? YES NO ?t`ntsii`f:ds��. _ .,.. $, Are+wetland sturbed at t, ite? r. ;.'`kl s r ( M Mal ^� w . I Does DWR RO suspect or know of nearby wetlands to the site? — Rpv.cproo nha, MIA Prof this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy M the p mnftlee. lsa wetland delmeationrequlretlprlorto ` rtConsbitanl r� DWRisswngdhe..permrt7 -, r(Onsite� f - r e 1 a+ Pd f Stream Determination Needed? r ( r t f Stream DeterminatloniComrpleted7 r(_.i Does DWR RO need a statement that no wetlands/streams are disturbed r ( F t for this project from applicant? 'Buffer Determination Needed•T Buffer Determination Completed? r( rt Recycle systeni'permit existing? 1r (permit # - r t •- New Recycle System permit required?' f- ( r t Enough information to determine? — Non-dlsehargeipermd existing1. ? r r (Permit # r t *' ((Unknown. Will wastewaters discharge to HQW waters r ( r (7010 Permittee with a 7010=07 Flow: must determine. • " •,.;� ((Has Violation" ' •' r(O&M Requirements ' r ( HQW77Q10 Concerns YDoeis DWR regire DEMLR to hold the , r ( Pay back fees or renew periiiitjeg so.DWRcamreview dfurtheiror DWR'permlt r(other I tt— becauselDWR^requires moreinfonnaid )7 ' a ;Please describe the reason to;ry �' holdthe.,permjt:....— .- �. I � RO.contact ((Hold y ' Untilki Mine must wait to dewater until an O&M plan is I- ( r t approved? Reviewed by: DWR RO Surface Water: Danny Smith Regional Office: RRO Date: 12 Feb. 2016 RO Aquifer Protection Section: — Regional Office: — Date: • the project is in the Cape Pear River Basin (unnamed tributary to Bear Creek Class C ). • The project is not in a Buttered basin or within a water supply watershed. Rau Rantamhar fM n Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. • The USGS Topographic map did dot a blue lines and contours that indicate streaiG'c adjacent to the project Footprint of the mine. Note the plans specifically depict 50 buffer/setback from stream.(Note: the soil survey was not reviewed.) • If wetland or stream impacts are proposed, this project will need to comply with/secure a 404 permit from the USAGE and obtain a 401 Water Quality Certification authorization + Plans indicated that what appeared to be a stream crossing. This crossing is from the"10yr 23.9 ac pit" to the "future overburden pit 16.7.ac". Prior to this road crossing impact (installation) it will need to be properly permitted by the USACE and a DF-Q 401 Certification obtained, as appropriate. • The site will need to secure a stormwaler permit (NCG020000). Rau fiantamhar 7nln Wehner, Judy From: Holley, John Sent: Friday, February 12, 2016 3',09 PM To: Hall, Steve Cc: Wehner, Judy Subject: RE: A-95 Review for Winding Creek Quarry- Chatham County Thanks, Steve, this is exactly what we needed. By copy I am forwarding this to Judy for consideration in our overa I application review. John L. Holley, Jr., ll CPLSC Regional Engincer INC Dept. of Environmental Quality Division of Energy, Mineral and Land Resources Land Quality Section, Raleigh Regional Office 1628 Mail Service Center, 3800 Barrett Drive Raleigh, NC 27699-1628 Phone:919-791-4200, Fax: 919-571-4718 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. From: Hall, Steve Sent: Friday, February 12, 2016 3:03 PM To: Holley, John ejohn.holley@ncdenr.gov> Cc: Miller, David <david.miller@ncdenr.gov> Subject: A-95 Review for W inding Creek Quarry - Chatham County Hi John, I reviewed the mining application for Winding Creeks Quarry in Bear Creek, Chatham County, NC for any air quality implications associated with the proposed quarry. DAQ offers the following comments regarding this application: • Since the proposed quarry will include crushing operations, an air quality permit is required. The applicatior indicated that the company planned to apply for an air permit. • Water suppression will need to be utilized on plant crushing, screening, and conveying operations to ensure compliance with state and federal rules. • Measures will need to be taken to control fugitive dust emissions from the plant stockpiles and haul roads. Let me know if you need any additional information from DAQ. Steve Steve Hall Compliance Supervisor Division of Air Quality - Raleigh Regional Office Department of Environmental Quality e 0 919 791 4200 office 919 881 2261 fax steve.hall( ncdenr.aov 3800 Barrett Drive Raleigh, NC 27609 FA"No[hing Compares„ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ® • PAT MCCRORY �awma. DONALD R, VAN DER VAART sermmry . TRACY DAVIS February 9, 2016 D'r Ior Certified Mail Return Receipt Requested 7013 2630 0001 8990 4696 Mr. Bobby A. Branch Winding Creek Holdings LLC PO Box 61 Gulf, North Carolina 27256 RE: Winding Creeks Quarry Chatham County Cape Fear River Basin Dear Mr. Branch: We have reviewed the application you/your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: © Provide originally signed pages 1, 17 and 18. Please find enclosed new pages 1, 17 and 18 for your use. Properly complete the forms and return the originally signed andnotarized pages to this office. 2. Provide proof such as copies of the signed return receipts from certified mail that the county manager and adjoining landowners have been properly notified. 3. Ensure that all basins and culverts are designed to include all of the drainage areas flowing to them, ex., Skimmer Basin #4 discharges into Skimmer Basin #3, all cumulative drainage to culvert #1, etc. 4. Increase the length of the construction entrance sufficiently to prevent tracking onto the four lane highway. . 5. Show emergency spillways on natural ground and/or provide non -erosive conditions for the spillways. Smm ofxor,n C=Iine I EONronmemsl Q„mity I F elgy, MNerd mdLmd Rewrtss 1612 Mail ServiceC Ur 1512 N. Sah*e St I Rtleigp NC2709 919707ROD T Certified Mail Mr. Branch Page Two Remove all erosion and sediment control measures from the undisturbed stream buffers. It appears that much of the ""Existing Buffer" will be affected by grading and access to portions of the site. Provide acreage for this buffer to be included in the affected acreage. Relabel this buffer as "unexcavated" and the stream buffer as "undisturbed". Class 1 and B riprap must be shoOwn 18 inches thick with geotextile fabric underneath. 8. Revise the skimmer basin detail to show proper scale. The top of riser for Basin #5 is the same as top of barrel. Address this. J9 Provide proof that your company is in the process of obtaining the necessary air quality and water quality permits. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline ca not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. 11, • Certified Mail Mr, Branch Page Three Please contact me at (919) 707-9220 if you have any.questions. Sincerely, 1 -- J dith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosure: Page 1, 17 and IS - cc: Mr. John Holley, PE Wehner, Judy From- Holley, John Sent: Monday, February 08, 2016 8:05 PM To: Wehner, Judy Cc: Boyer, Janet Cole, Brad; Adams, Diane Subject: FW: Winding Creek Holdings LLC/ Winding Creek Quarry review The RRO has completed our review of the subject application, and we offer the following comments for your consideration: 10 Well locations should be identified as noted in Diane's comments below. 2. While the conceptual S&E design appears sufficient, there are some items that need adjustment/redesign to make the plan workable. 1a. The construction entrance should be extended to ensure that tracking onto 421 is appropriately avoided to the maximum extent possible. OThe various drainage and S&E features shown on the plans do not appear to address all of the upland drainage areas producing runoff to them. For example, the area draining to Skimmer Basin 44 discharges into TD#4 and then into Skimmer Basin #3 along with its immediate drainage area shown on the plan. The cumulative area to culvert#1 also does not appear to be addressed. All structures throughout the site must be adjusted, as necessary, to accommodate upland drainage areas. All emergency spillways should be in natural ground to the extent practical, and their location needs to be included on the drawings. Where they may have to be constructed over the top of the dams, the linings need to address the more erosive conditions likely on the downstream face and at the downstream toe. Perimeter measures appear to extend into the buffers noted along the stream east of the site. All measures must be contained within the proposed disturbed limits and the buffer should be maximized. e All class I and B riprap must be placed at least 18" thick on an appropriate geotextile or graded filter layer. Class A stone should also have a geotextile layer beneath. The proposed Skimmer basin with Riser detail is deceptive since it is not to scale. Note that the top of the riser for basin #5 will be the same as the top of the barrel, making its construction difficult, if not impractical. This should he addressed. 3. DAD and DW R comments have not been seen to date. I will check with them tomorrow and advise accordingly, We cannot support approval until these items have been fully addressed. If there are any questions, please advise. John L. Holley, Jr., PG, CPIl Regional Engineer NC Dept. of Environmental Quality ]Division oh Energy, Mineral and Lund Resources Land Quality Section, Raleigh Regional Office 1628 Mail Service Center, 3800 Barrett Drive Raleigh, NC 27699-1628 Phone: 919-791-4200, Fax: 919-571-4718 pj \� v �A na�04M ru` ���, x; ,ti) � t E-mail correspondence to and from thistdress may be subject to the North Caroliroublic Records Law and may be disclosed to third parties. From: Adams, Diane Sent: nn r 4',. Cnhrii�r, nQ �niG o n7 nnn dG114. —VI—r, 1 I — ual �! VV, LVJ.V ✓:4 AN! To: Holley, John <john.holley@ncdenr.gov> Subject: Winding Creek Holdings LLC/ Winding Creek Quarry review John, I visited the subject mine on January 291h 2016. The map appears to be accurate in reference to dwellings and proposed location. Some of dwellings were occupied and have wells. Well locations should be identified as the mine does plan to dewater. Certified Mail Receipts were included. The erosion control portion of the mine map appears adequate. We may wish to request a longer than typical construction entrance as the entrance is directly onto Highway 421 (high volume traffic). I have concerns about tracking due to the size of this mine. Seeding specs were included and appear adequate. have no other comments. Diane Adams C. Diane Adams Senior Environmental Specialist NC I)ENR, LQS 1800 Rarrett 17rivc. Ralcioll- NC Phone: 919-79 l -4200 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. 2 0 • Wehner, Judy From: Davis, Tracy Sent: Monday, February 09, 2016 4:40 PM To: Backstrom, Parker Cc: Wehner, Judy; Boyer, Janet Subject: Re: Process for Requesting Public Hearing on Mining Application Mr. Backstrom, I am not sure if Judy responded to your latest inquiry, so I offerthis explanation on determining significant public interest. As significant public interest is not defined in the statutes or rules, it is left to my determination based upon several factors related to the proposed application in question. When we receive comments from the public, we review them to determine if they contain issues that we can address under the Mining Act (vs. nuisance issues we cannot address such as operating hours, land values, truck traffic, etc.(. Also, if the comments are received from citizens directly affected by the proposal, such as adjoining landowners or local governments speaking on behalf of constituents in the area, vs. interest groups opposing an application while area residents have not submitted objections. Thus, my determinations are made on a case by case basis to ensure that we hold hearings when they appear warranted and use staff resources wisely. Please note that even if a public hearing is not held, all public comments received are still given full consideration in our review of mining permit applications. I hope that this answers your question. Thanks for your interest. Tracy Tracy E. Davis, PE, CPM Director -Division of Energy, Mineral, and Land Resources NC Department of Environmental Quality (919)707-9200 t r a cy. d av i s ra n c d e n r. a ov 512 N. Salisbury Street - Archdale Building 1612 Mail Service Center Raleigh, NC 27699 J Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties. On Feb 5, 2016, at 7:53 AM, Backstrom, Parker <parker.backstromPncdcr.i wrote: Judy— How does your office define "sioicant public interest"? What definitive coia must be met in order to be granted a public hearing? Parker Parker Backstrom Executive Assistant to Deputy Secretary Kevin Cherry North Carolina Department of Natural and Cultural Resources 919 807 7280 office parker backstromrincdcr qov 109 East Jones Street 4610 Mail Service Center Raleigh, North Carolina 27699-4600 <image001.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Facebook Twitter Instagram YouTube From: Wehner, Judy Sent: Thursday, February 04, 2016 1:35 PM To: Backstrom, Parker <parker.backstrom@ncdcr.gov> Subiert- RF- Prnrass for RenlleSting Puhlir Hearing nn Mining Application You must request in writing to the Director of the Division of Energy Mineral and Land Resources within the 30 day comment period for notification of adjoining landowner. The Director, Tracy Davis, will decide to hold a hearing if there is significant public interest. Public hearing are normally held in the county government complex. We received the application on January 14 so you nwwd to make your request before February 12. From: Backstrom, Parker Sent: Thursday, February 04, 2016 12:26 PM To: Wehner, Judy <Ludy.wehner@ncdenr.gov> Subject: Process for Requesting Public Hearing on Mining Application Hi, Judy. got your name from Jason Sullivan in Pittsboro as the person to whom I should speak about a permitting issue. A tract of land in Chatham County has had an application for a mining permit submitted to your office. The applicant was Winding Creek Holdings, LLC, and the date of the application is January 11. If it helps the tract of land is parcel 8906. Would you be good enough to tell me the process by which a citizen can request that a public hearing be held in such a circumstance? I guess I'm looking for info including but not necessarily limited to: - What timetables are in play for requesting a public hearing? - To whom specifically is such a request made? - How soon would a person hear whether such a hearing is granted? How quickly would a heOg typically take place? Where would it take place? - What is the process itself like? What is the requestor required to provide either to your office at the time of the request, in advance of the meeting, or at the meeting itself? Etc. The same landowner (under the name Richmond Road Holdings, LLC) is in the process of preparing for submission an application for another mining permit for an adjacent tract(s) of land (parcels 8328 and/or 80049 and/or 80050) that may generate additional request(s) for public hearing(s) from neighboring landowners. If you have already received this application please let me know. If it's easier to give me a call please feel free to do so at the number below, or I could swing by to talk with you (I'm just up the street). Perhaps you even have some sort of prepackaged response you can send me. I sincerely appreciate your help! Have a great day. Parker Backstrom Parker Backstrom Executive Assistant to Deputy Secretary Kevin Cherry North Carolina Department of Natural and Cultural Resources 919 807 7280 office Parker. backstrom@ncdcr.gov 109 East Jones Street 4610 Mail Service Center Raleigh, North Carolina 27699-4600 <image001.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Facebook Twitter lnstagram YouTube 0 • Wehner, Judy From: Adams, Diane Sent: Monday, February 08, 2016 9:52 AM To: Wehner, Judy Subject: RE: Winfing Creek Judy I have sent John my comments and he may have additional comments to provide. I didn't have any significant comments other than well location identification and perhaps the addition of a longer than typical construction entrance since this site enters and exits directly onto highway 421(high volume of traffic). I do think he will review the calculations for the measures, but the plan appeared to be ok. The site location was accurate as were waterfeatures. It is currently a cow pasture. Thanks Diane From: Wehner, Judy ��—�--_---- ----__--------- Sent: Monday, February 08, 2016 9:31 AM To: Holley, John <john.holley@ncdencgov>; Adams, Diane <diane.adams@ncdenr.gov> Subject: Winfing Creek I need comments, please. Judy Wehner Assistant State Mining Specialist Land Quality Section 919-707-9227 office J udy. W eh nerld1 ncden r.covEmai I 1612 Mail Service Center Raleigh, Nony Carolina 27699-1512 512 N. Salisbury Street Raleigh, North Carolina 27604 _�>^Ncythftrug Compares„._ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may he disclosed to third parties. 0 • Wehner, Judy From: Jason Sullivan <jason.sullivan@chathamncorg> Sent: Thursday, January 14, 2016 5:24 PM To: Wehner, Judy Cc: Angela Birchen Renee Paschal Subject: FW: Winding Creeks Quarry application Attachments: WC Mine Permit Application.pdf; Winding Creeks Quarry PLANSr.pdf; Winding Creeks_Quarry-gismap.pdf Judy, I received the attached information from Russ Patterson yesterday regarding anew mining permit application. I've also attached a gis map showing the property outlined in blue. A portion of the property is zoned R-1 (shaded green) and will require a rezoning to Heavy Industrial to move forward. I've informed Russ Patterson about the zoning issue and I think he's shown the zoning boundary line in his attachments. I wanted to let you know about the zoning issues and please let me know if you have any questions or if I need to submit comments in a different format. Jason Sullivan Planning Director Chatham County P.O. Box 54 80-A East St. Pittsbono, INC 27312 Office: 919/542-8233 Fax: 919/542-0527 In keeping with the NC Records Low, emods, including attachments, may be released to others upon request for inspection and copying. From: Russ Patterson fmailto:russ(dpattersonexploration.coml Sent: Wednesday, January 13, 2016 9:08 AM To: Jason Sullivan Cc: Bobby Branch Subject: Winding Creeks Quarry application Jason, Happy New Year! Attached above is a copy of the above referenced Mine Permit Application and drawings for your files. If you need further information, please contact me. Russ Weidner hirlo, From: Harris, Brenda M Sent: Thursday, February 04, 2016 12:25 PM To: Boyer, Janet; Weidner, Judy Subject: FW: WRC Comments for New Permit, Winding Creek Quarry (Chatham Cc) Attachments: NCWRC Comments for Winding Creek Quarry (Chatham Col itch From: Garrison, Gabriela Sent: Thursday, February04, 201611:04 AM To: Harris, Brenda M <brenda.harris@ncdenr.gov> Cc: Baumann, Jessica R <jessica.baumann@ncwildlife.org>; Allen, Jason M <Jason.Allen@ncwildlife.org> Subject: WRC Comments for New Permit, Winding Creek Quarry (Chatham Cc) Hello Ms. Harris, I have attached comments regarding the mining permit application for Winding Creek Quarry in Chatham County Thank you, Gabriela Garrison Eastern Piedmont Habitat Conservation Coordinator NC Wildlife Resources Commission Sandhllls Depot, P.O. Box 149 Hoffman, NC 28347 Office and Cell: 910-409-7350 eabriela.earrison fnlnawildlife.ore www.n/cw�ildlife.org ® 91 ® IM Email correspondence to and from this sender Is subject to the N.C. Public Records Law and may be disclosed to 0ird parties. 0 North Carolina Wildlife Resources Commission 0 Gordon Myers, Executive Director MEMORANDUM TO: Brenda M. Harris Mining Program Secretary Land Quality Section FROM: Gabricla Garrison Eastern Piedmont Coordinator �1 Habitat Conservation DATE: February 4, 2016 SUBJECT: Mining Permit Application for Winding Creek Holdings, LLC, Winding Creek Quarry, Chatham County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject permit application. Comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982)(G.S. 74-46 through 74-68 15 NCAC 5). The applicant is requesting a new permit to mine metabasalUmetasediment. The total site area is 119.2 acres; the requester) disturbed acreage is 59.7 acres. The project site is located along US Highway 421, southeast of its intersection with NC Highway 902, northwest of Goldstar. The applicant indicates mine discharge is the result of water that accumulates in the pit. 'fine pit water Is composed of rain water, ground water seepage and area drainage. The water is pumped out of the pit as required; chemicals will not be used. Mine dewatering will occur from the pit sump through Permanent Sediment Basin 46 to an unnamed tributary of Bear Creek. A 50-foot or wider buffer will be maintained along the tributary to Bear Creek as well as Bear Creek. The reclamation plan includes allowing the mine excavation to fill with water and stocking it with fish. Dislurhed areas will be vegetated according to the seeding schedule provided. Bear Creek flows along the southern boundary ohhe proposed quarry; an unnamed tributary to Bear Creek flows along the western boundary. There are records for the following rare species downstream of the project in Bear Creek: the federal and state -endangered, Cape Fear shiner (Nolrepls mekislocholas); the Federal species of concern and state -endangered, brook floater (Alasmidonra varicewa) and Carolina creekshell (Villo.sa vaughanimra); the state -threatened, creeper (.So ophaw mrdvlarus); the federal species of concern and state -special concern, Carolina darter (Etheosloma collis); the state -special concern, notched rainbow (Villosa consn'icla); and the state -significantly rare, eastern creekshell (Villoso delurnhis). There arc also records for the Cape Fear shiner in the Rocky River, located downstream of Bear Creek. 'The Natural Heritage Program Natural Area— Rocky River Subbasin Aquatic Habitat — is located downstream of the project site. The U.S. Fish and Wildlife Service (USF WS) recently listed the northern long-eared bat (Myaris Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919) 707-0028 10 • Page 2 February 4, 2016 Winding Crcek Quarry, seplenlrionalis) as threatened under the Endangered Species Act. The northern long-eared bat may be present or in the vicinity of the project site. As such, consultation with the USFWS may be required. For more information, please see http://www.lws.k;ov/niidwesi/endangcredhiiarrrma]slnIebllntet-im4(i[Zule KeyN1.1 13.html or contact the USFWS at (919) 856-4520 to ensure that potential issues related to this species are addressed. The Upper and Middle Rocky River Local Watershed Plan (N.C. F-cosystem Enhancement Program, 2005) identified stream bank erosion, lack of adequate forested streaniside buffers, stormwater runoff, livestock access to streams, floodplain development, pesticides, nutrients, fecal coliforrn bacteria and poor development practices as stressors in the watershed. Due to the presence of rare and sensitive species within Bear Creek and Rocky River, it is important to protect water quality and aquatic habitat, Therefore, the NCWRC recommends the following measures to minimize impacts to aquatic and terrestrial wildlife resources: I . Wetlands and streams within the site boundaries should be identified through on -site surveys prior to any land disturbing activities. If wetlands and/or streams will be impacted by mining activities, the project should be coordinated with the U.S. Army Corps of Engineers and the N.C. Division of Water Resources. 2. Generally, where federally listed species are found, the NCWRC recommends maintaining a minimum 200-foot undisturbed native, forested buffer along perennial streams, and a minimum 100-foot buffer along intermittent streams and wetlands (NCWRC 2002). Maintaining undisturbed, forested buffers along these areas will reduce impacts to aquatic and terrestrial wildlife resources, water quality and aquatic habitat both within and downstream of the site. in addition, these buffers will provide a travel ..:&, C.,. W;1At.47_ r Seth ,,e.,� ...,.! a ...,f..-.I oeH,,..�„«o� �h�,,,lA ht. L,�„tn.1 ....��;.i-.,�'fh-�f, Cvr,,uw �v, ..,,� �� . ,pectes. ..�, gent and crosion .,ontr ! stuctLl .,o s1hould be located OL!t,-�u....f u...o., buffers. 3. Water discharges from the site should be proportional to the size of the receiving stream, and all discharges should comply with NPDES permit requirements. In particular, turbidity of the discharge should be maintained at or below the permit requirement. High water discharge rates and turbidity can negatively impact aquatic and fisheries resources within and downstream of the project area. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs and clogging of gills of aquatic species. 4. Only native piedmont fish species should be stocked in the excavation. Note: Blue catfish (lcialirrus j<rrcalus) are not native to the Cape Fear River basin. A stocking permit may be required to stock any species of fish, mollusks or crustaceans. Applications for a stocking permit are available at littp://ww�v.nc%vildlife.org. There is no fee associated with the permit application process. Please contact Jessica Baumann, District Fisheries Biologist, at (336) 270-3746 or iessica.baumannrr?ncwildlifc.ors< for additional information reaardinu fish stocking and the need for a stocking permit. V v 5. Consider using seed mixtures that are beneficial to wildlife (e.g., native warm season grasses) in the reclamation plan. Relatively shallow sediment basins can be reclaimed as wetlands where practicable. Please contact Jason Allen, District Wildlife Biologist, at (336) 524-9801 orjason.allen u,ncwildlife.or� for additional information regarding reclamation for wildlife. 6. Sediment and erosion control measures should be installed prior to any land clearing, construction or disturbance. The use of biodegradable and wildlife -friendly sediment and erosion control devices is strongly recommended. Silt fencing, fiber rolls and/or other products should have loose -weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing and similar products that have been reinforced with plastic or metal mesh should be avoided as they impede the movement of terrestrial wildlife species. 0 i Page 3 February 4, 2016 %Vinding Creek Quarry Thank you for the opportunity to comment on this permit application. If I can be of further assistance, please contact me at (910) 409-7350 or Pabriela.garrison a,newildli fe.org. L terature cited N.C. Wildlife Resource Commission (NCWRC). 2002. Guidance Alemorondwn to Address and ATitigate Secondwy and Cumulative Iml3acts to Aquatic and Terrestrial Wildlife Resources and Water Quality (A ugust 2002; lit tp:Hwww.ncwiIdIife.orglPortals/O/Conservins�documents/2002 Guida_ncc Memorandum torSecondai;yandCunnrlativel mpacts.pol�. cc: Bobby Branch, Winding Creek Holdings, LLC ec: Jessica Baumann, NCWRC Jason Allen, NCWRC Wehner, Judy From: Harris, Brenda M Sent: Thursday, February 04, 201612:25 PM To: Boyer, Janet; Wehner, Judy Subject: FW: Winding Creek Holdings LLC., Winding Creek Quarry, Chatham Co Attachments: MEMOPANDUMdocWwindingcreekholdingsllcwindingcreekquarrychatamco2016.docx From: Bowden, Charles Sent: Wednesday, February03, 2016 7:26 PM To: Harris, Brenda M <hrenda.harns@ncdenr.gov> Subject: Winding Creek Holdings LLC., Winding Creek Quarry, Chatham Co Charles Bowden CREP Specialist NCDA&CS, Division of Soil and Water Conservation 127 Cardinal Dr. Wilmington, INC 28405 (252-528-0011) office "E-mail correspondence to and from this address maybe subject to the North Carolina Public Records Law and maybe disclosed to third parties." 0 Steve Troxler North Carolina Department of Agriculture Commissioner and Consumer Services Division of Soil and Water Conservation To: Brenda M. Harris, Mining Program Secretary Land Quality Sectionbv •, - ��---- i1-----1- P runt: Charles Bowucil Application Review Coordinator Division of Soil and Water Date: February 3, 2016 Subject: Mining Permit Application for Windings Creek Holdings LLC Winding Creek Quarry Chatham County Patricia K. Harris Director NC Division of Soil and Water Conservation reviewed the new mining permit request for Winding Creek Holdings LLC., Winding Creek Quarry in Chatham County. The Conservation Reserve Enhancement Program (CREP) database does not reflect said property being enrolled in a conservation easement. "Therefore NC CREP has no programmatic concerns with moving forward with this new permit request. Please contact me should you have any questions or concerns at 252-528-001 1. MAILING ADDRESS LOCATION Division of Soil and Water Conservation Telephone: 919-733-2302 Archdale Building 1614 Mail Service Center Fax Number: 919-733-3559 512 N. Salisbury Street, Suite 504 Raleigh, NC 27699-1614 Raleigh, NC 27604 An Equal Opportunity Employer • Log In N: /OD (0 DPR/RRS Mining Permit Application Review FIRS Contact: 'q ��biliL04j Namcofpro/ject: g:;i7 %5 LLGss��,, County: �rA..1NOjNb CRt Proposed activity is X is not within 5 miles of a public park or recreation area. If yes, identify the park: Southwest District Park Manager/agency name: Chatham County Parks and Recreation (contact name): Tracy Burnett (phone; fax): 9[9-545-8555; 9t9-542-8272 (e-maii): tracy.burnettgchathamnc�.o/r,g� Review conducted by: �Nrr✓^v Date: 1-25-t6 PLEASE RETURN COVER SHEET ONLY WIT" YOUR REV]EW/COMMENTS. YOUMAY ALSO E-MAIL YOUR RESPONSE AND/OR COMM ENTSIQUESTIONS TO: s teve.livi n gsto ne(i� ncpa rks.gov THANKS! Return to: Steve Livingstone (919) 707-9331 steve.livingstonc@ncpuks.gov DEN R/Division of Parks & Recreation 1615 MSC Raleigh, NC 27699-1615 0 PAT MCCRORY Gove„rr DONAI.D R. VAN DER VAART Energy. Mineral January 14, 2016 and Land Resources ENVIRONMENTAL QUALITY MEMORANDUM TO: Mr. Michael A. Murphy Director Division of Parks and Recreation FROM: Brenda M. Harri a��— Minina Proaram Secretary Land Quality Section' SUBJECT: Mining Permit Application for Windings Creek Holdings LLC Winding Creek Quarry Chath ai i Cvuniy Svererurn TKACY DAVIS Dioverar 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 operatiuit having unduly adverse affects on the purposes of a publically owned park, forest, or recreation area (GS 74-51 (5). Please respond by February 5, 2016 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on 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. Ibmh Attachments cc: Mr. John Holley State of North Carolina I Er vironmental Duality [ Energy, Mineral and Land Resources 1612 Mail Rp"ir'P rPnl r 1 512 N, Salicheiry S_1, I RAIP_inh, Nr 77F49 919 707 9200 T o NCO WaterResources EN V IRONn[,n Al. aan LIT January 25, 2016 MEMORANDUM TO: Ms. Judy Wehner Land Quality Section PAT MCCRORY c... „w" DONALD R. VAN DER VAART a." _ S. JAY ZIMMERMAN Timm, c Ills FROM: Michael Bauer ,-,LITY MINING PROGRAM Ground Water Management Branch Division of Water Resources SUBJECT: Comments on the Mining Permit Application Request for: Winding Creek Holdings, LLC Winding Creeks Quarry Chatham County Please find attached a copy of the mining permit request far the above referenced project. The Winding Creeks Quarry located in Chatham County does not appear to have an unduly adverse effect on ground water supplies since dewatering proposed on site is less than 100,000 gallons per day. However, if the mine starts to withdraw 100,000 gpd of water, they will need to re ig ster their water withdrawals with the Division of Water Resources on an annual basis. The registration form may be obtained from the following link: http://www.newater.org/Permits_and_Registration/Walter_W ithdrawal_and_Transfer_Registration. Facilities are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statute requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day ol'ground water or surface water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers-. Water withdrawal registrants must complete the annual water use reporting form by A rp jl I for the previous year. If you have further questions regarding the water withdrawal registration please contact John Barr with the Division of Water Resources at (919) 707-9021 or email him at john.barronedenr.gov. ppoi iZIVF-1 j JAN 2 5 2016 LAND QUALITY MINING PROGRAM sin Id r e,mn cu'ew l 11 . n�'i Quunp Joel na,. ............n... .....[I I V 9m,4, I1.. -.�...... Energy, Min era! and Land Resources ENVInONMENTAL QUALITY MEMORANDU TO: FROM: SUBJECT PAT MCCRORY Croeenuor DONALD R. VAN DER VAART January 14, 2016 Mr. Nat Wilson Hydrogeology Group Division of Water Resources Brenda M. Harris I� Mining Program Secretary Land Quality Section Mining Permit Application for Windings Creek Holdings LLC Winding Creek Quarry Chatham County secrvr«ry TRACY DAMS IWI-eewr ® 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 February 5, 2016 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review, any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Yniir rnntintierl r_.nnnPratinn is areatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments cc: Mr. John Holley JAIL 1 9 Za16 State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1819 Mail 5ervir_.a Center 1 512 N. Salishury St. I Raleiah. NC 27699 919 707 9200 T PAT MCCRORY cn.mm DONAI.D R. VAN DER VAART Sri Energy, Afters! January 14, 2016 and Land Resources TRACY DAVIS a Nvmon meNi ounL+Y Di MEMORANDUM TO: Ms. Gabriella Garrison Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Windings Creek Holdings LLC Winding Creek Quarry Chatham 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 February 5, 2016 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application, RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Werner at (919) 707-9220 if you have any questions. /bm h Attachments cc: Mr. John Holley 51 of North Carolina I EnNronmental Quality l Energy. Mini and Land Resources r b,2 man Sernm..en N.SallsburySL I Ralelgh,Na Yl099 mr 19197079]00 i PAT MCCRORY cawmo. DONALD R. VAN DER VAART ser,nor Energy, Mineral January 14, 2016 and Land Resources TRACY DAVIS ENVIRONMENTAL QUALITY Olrtnor MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Windings Creek Holdings LLC Winding Creek Quarry Chatham County N 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 February 5, 2016 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review, any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. . Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wenner at (919) 707-9220 if you have any questions. lbmh Attachments cc: Mr. John Holley Srete of NEI Carolina I Envlronmenaal Ouallty l Eneri Mineral and Land Rasources 16' oerYloe eaT' 1 512 N. Sallsbury$L 1 Rara19R, NC 27699 9197W9200 T ® s PAT MCCRORY wwmw DONALD R. VAN DER VAART &emlary Energy, Mineral January 14, 2016 and Land Resources TRACY DAVIS ENVIRONMENTAL ONALI7Y Demon MEMORANDUM TO: Mr. Peter Benjamin Application Review Coordinator U.S. Fish and Wildlife Serv�Jice FROM: Brenda M. Harris ( Mining Program Secretary Land Quality Section SUBJECT: Mining Permit. Application for Windings Creek Holdings LLC Winding Creek Quarry Chatham County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by February 5, 2016 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wenner at (919) 707.9220 if you have any, questions. lbmh Attachments cc: Mr. John Holley Slaleel North Carolina I Environmental Quality l Energy. Mineral aM Lend Resources i6 i2Ma„Service Center 1512N.SalisEury St I Ra!veyhjl 010 707 9200 T o • PAT MCCRORY co.Mar DONALD R. VAN DER VAART s.rmarr Energy,Mineral January 14, 2016 and Land Resources TRACY DAVIS ENV I PONMEN T A LOU ALIT UI¢nOr tl IISCS\• 11 TO: Mr. Michael A. Murphy Director Division of Parks and Recreation FROM: Brenda M. Harri Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Windings Creek Holdings LLC Winding Creek Quarry Chatham County Please find attached for your review a copy of the mining permit application request for the above referenced project, Please review this information and advise as to the probability of this operation having unduly adverse affects on the purposes of a publically owned park, forest, or recreation area (GS 74-51 (5), Please respond by February 5, 2016 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff w. fishes to perform a site inspecfion, 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 Wenner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr, John Holley State of l Carolina I Environmental Quality I Enegy. Mineral and Len11 Resources 1612 Mail Semen Center 1 512 R Saiiul S,. ifall ,C a wa 919707 END T 0 0 PAT MCCRORY c�.MMn. DONALD R, VAN DER VAART NC Energy, Mineral January 14, 2016 and Land Resources TRACY DAVIS ENv,MOMCNTAL auAu.v Olrettw MEMORANDUM TO: Mr. Charles Bowden Application Review Coordinator Division of Soil and Water Conservation FROM: Brenda M. Harn f[sCw,A4i�— Mining Program becretary _ Land Quality Section SUBJECT: Mining Permit Application for Windings Creek Holdings LLC Winding Creek Quarry Chatham County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on any publically owned conservation easements (G.S. 74-51 (5)). Please respond by February 6, 2016 so that we may complete our review of this request within our statutory time limits As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on publically owned conservation easements would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. John Holley sla@of Nodh Camlina I Envimnmenlal ouallry l Energy, Mineral and laM Reaoand05 1612Maii Seryi[ v,dar 612N.Sall5turySt. I Raldg1,NC27699 9167e79206 T ® s PAT MCCRO RY co,amnr a' DONALD R. VAN DER VAART $[[rtmry Energy, Mneral andland Resources ENVIPONMEN7AI. DUAL17Y January 14, 2016 MEMORANDUM TO'. Ms. Renee Gledhill -Earley Application Review Coordinator Archives & History FROM: Brenda M. Harris-_ Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Windings Creek Holdings LLC Winding Creek Quarry Chatham County TRACY DAMS Olncror, 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 February 5, 2016 so that we may complete our review of this request within our statutory time limits. As is the case in cur review of all mining permit applications, renewals and modifications, this office will carefullyreview 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. Ibmh Attachments cc: Mr. John Holley Statecr NOrNGarollna I Envmnmente10ua9tyl Energy,MinemlaMLand Resources 1512 Mail 5ewi Center 1 SUN I Raelgh.N627699 819707,0200V7 ® s MINING CHECKLIST FOR ROUTING C L /j Appliraw's Name: /1J NectName: Applicr/Permit No: I -36 County: (' q, DateReeceived: 1 I I R_eoi/ewer: River Basin Name: l.Amairi OG New ❑ Renewnl ❑ Modification(insidepermit boundaries) ❑ Modifima"(outside permit boundaries) ❑. Traufer ❑Rekave ❑ Partial Release ❑ Additional Infntmation ❑ Fa Needed t gFee Received: a aJ Pkaw route entire cep ication pacbage toCILL": da � � iowl smnpLaeaopieK and r6e°IQS Regimal OJfue Modgg AppNaniou Review CkcUia"wmeropy and attad 6dF '. DWR" idng Ap kom Rroiew Form"w the other c", and bilk copier b the Regunul Engineer) t , / Doe: Routed 1 Idi : Reed 113 1 fb 0 ® Division of Water Resourm Doe: Routed 'Reid \ 1i .Secy NC Wildlife Resources Commission Y Doeoed : BoRa'd US Fish L Wildlife Service :pie: Routed Reid (Only new applintims and wodifuntian spew that add lmd 4 du pmeit) Pleaie route finty takeso the aliPlicetim and MY location masts: of Pales dr Recreation Date: Routed I 141 I L, Rec'd III I b ��Nmission C Geological Survey Section Date: Rowed i V Rec d ii❑ Division of Marine Fisheries Date: Rowed Rec'd Division of Soil it Water Conuroation (plus LEA)_ Doe: Ranted 1 h.I. I i L. Raid -it, : b L> (Orly ado appGaafiamaidmadifimiau that add India de pence) U(Dioisim of Archives h hli�e# _:r (only new opplicams) ❑ Dthcr: Date: v.:.: Il,alI. IIIWI IIn I�.11lIn Date: Rowed Reed / •x Suspense Date for Comments: Q1 Sw (no later than as days firom receipt) ❑ Please not tic f uumvivg: a E 0 MINING PERMff APPLICATION REVIEW FORM for the DIVISION OF AIR QUALITY ` �� Count �J'G✓L�� Project/Number: y: Please return comments back to: Comments due by: Will the operation, as proposed, violate standards of air quality? Comments: YES Air permit required Air permit existing Other Comments: Reviewed by: Print Name: (Permit # Date: NO Central Office Reviewer: Rev Dec 2006 LAND QU LITY SECTION REGIONAL OFFICE MI APPLICATION REVIEW CHECKI*' APPLICATION/PERMIT NO.: �u f� ACTION: Ne /Modification Renewal Transfer Release APPLICANT NAME:fAdiri�l�r.�/� iU MINE NAME: /JIi. �000NTY: U U Administrative Issues: A. Is the site currently under NOV? Yes No Explain: B. Is an NPDES permit needed? Yes No Explain: C. Is an NPDES permitting existing? Yes No Explain: D. Is an 0 & M Plan needed? Yes No Explain: Field Issues: A. Are potential wetlands and watercourses properly indicated on the Mine Map? Yes No Explain: B. Are the proposed buffer zones adequate? Yes No Explain: C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? Yes No Explain: D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? Yes No Explain: E. Is visual screening needed? Yes No Explain: F. Are the proposed erosion and sedimentation control measures properly located to prevent offsite sedimentation? Yes No Explain: 3. Is the proposed revegetationlreclamation plan acceptable? Yes No Explain: Date inspected: rosion and Sedimentation Control Plan Review: t is the responsibility of the Regional Office staff to verify the adequacy of the E&S measures. Please provide my concerns or comments: )ther Comments: )ivision of Air Quality: )ivision of Water Resources (Surface Water Protection Section): )then. )spector/Reviewer's Name. Date: Date: Date: ev Dec 2006 Wehner, Judy From: Wehner, Judy Sent: Wednesday, January 13, 2016 3:53 PM To: Smith, Danny Cc: Holley, John; Adams, Diane Subject: 19-30 DWR REVIEW SHEET 2013 Attachments: 19-30 DWR REVIEW SHEET 2013.doc Here's the review sheet for the new Winding Creek quarry in Chatham County. Pont this form to PDF Retain PDF or this rwm to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee, MINING PESIT APPLICATION REPEW FORM forthe DIVISION OF WATER RESOURCES Project Name Winding Creek Quarry DEMLR Permit # 19-30 County: Chatham Applicant's Email: Russ (russ@pattersonexploration.com) PERMIT ACTION TYPE: New YES NO Date Commencing F- r , Have land disturbing activities started? Date? r r r t Latitude: 35.6171 Longitude:-79.3627 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: February 5, 2015_ SECTION BELOW TO BE FILLED OUT BY DWR Is the RO concerned that the operation, as proposed, would violate standards Of water quality?_ Comments: Watershed/Stream Name & Classification. DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 401 Wetland Cert. required? 401 Wetland Cert. existing? F Permit#_ rr_ Does DWR RO have enough information to determine if a 401 certification is required? f-r Is an O & M Plan needed? YES NO Are wetlands disturbed at this site? r c ll r r Does DWR RO susoect or know of nearby -- wetlands to the site? �c JD Is a wetland delineation required prior to rru� (Consultant �l DWR issuing the p� it?. ('r toi? Re„ qo ItIrl b=. > n 1 n Print this roan to POF Rehm PDF or this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the panne tee. ii • r :.r:,F r r+' �Offsite�_ � Stream Determination Needed? f f f t Stream Determination Completed? IL_,- _ -Does DWR RO need a statement that no wetlands/streams are disturbed I—f_ r( for this project from applicant? JBuffer Determination Needed?' Buffer Determination Completed? rf r( Regycle systerri�.permrt existingQ 'i6 Ij rfpermit#., - .•; (—( _ New Recycle System permit required?* rf r( Enough information to determine? INon=discharge permiVexlsting?rfFermit# •'r( _,r. r(Unknown. Will wastewaters discharge to HOW waters r r (7Q10 Permittee with a 7010=0? ( Flow:— must determine. r ( Has, Violatron ` (r ,- (O&M Requirements F ( HQW77Q10 Concerns + r (Pay back fees orrenew _ rpoesIDWR require DEMLR to hold the DWR°can.review further � DWR permit r � permit (? g so it or rt Other - �.`: because,DWR�requiresrmore-informatfoh�? - /..,.'•� ;: Please•,Gescnbe'thereason to hold the permit RO contact! ., ©Hold Unhl Mine must wail to dewater until an O&M plan is F ( f approved? — Reviewed bv: DWR RO Surface Water Regional Office: — Date: — RO Aquifer Protection Section: — Regional Office: _ Date: _ RP.r ePmPmhPr min li� tiil',•3a:aa:q N W E S Map Scale 124,000 Winding Creek Holdings LLC Winding Creek Quarry Latitude: 35.6171 Longitude:-79.3627 County: Chatham Date: 01/13/2016 a Facility Location 0 PATTERSON EXPLORATION SERVICES Ms. Judy Wehner, Assistant State Mining Specialist NCDENR — Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 P.O. BOX 3008 - SANFORD, N.C. 27331-3008 - (919) 774-3770 FAX, (919) 774-3510 RE: Mine Permit Application — "Winding Creeks Quarry" Dear Ms. Wehner: January 11, 2016 RECENED JAN 13 2016 LJAPAU 'QUALITY 10INING PROGRAM On behalf of Winding Creek Holdings, LLC, Patterson Exploration Services is submitting the permit application for the Winding Creeks Quarry. Please find attached the Mining Permit Application, one original and five copies of the permit drawings, Certified Mail receipts, six topographic maps, and six county highway location maps. Also attached is the $5,000.00 application fee. Winding Creek Holdings, LLC is requesting a 10 year permit for this proposed operation. The permit application and the accompanying drawings clearly indicate that the operation of the mine will not invoke any of the 7 denial criteria listed under G.S. 74- 51(d) (1-7). Every effort has been made to address any concerns the Land Quality Section may, have had relating to this proposed operation. If you have any questions or require additional information, please contact me. Sin O.F. "Russ" Patterson, III, P.G., C.P.G. r.ar—r PATTEI, SON EXPLORATION SERVICES �I Cc: Winding Creek Holdings, LLC file • • PATTERSON PO BOX== SANFORD, N.C. 27331-0008-(919)774U10 EXPLORATION SERVICES FAX, (919)r,A-351a LETTER OF TRANSMITTAL TO: Judy Wchner DATE: January 11, 2016 PXS .JOB NO: 010116 RE: Winding Creeks Permit Application TRANSMITTAL NO: 1 PACE: 1 OF I WE ARE SENDINC: ❑Originals 0Prints ❑Drawings ❑Specifications ❑Calculations El Samples YOther Quantity Drawing Number Revised Description Status Six isOpies I (Winding Creeks Mine Permit Application Six Copies Winding Creeks Certified Mail Receipts Six Sets I lWinding Creeks permit DWGs ISSUE STATUS CODE: U Preliminary ❑ Fabrication Only ❑ For Infurmation ❑ Bid ❑ Construction ❑ For Review & Comments ❑ For Approval ❑ See Remarks ACTION STATUS CODE: ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend & Resubmit ❑Rejected - See Remarks ❑Other REMARKS: Thanks for your het Signed By: O. F. Patterson, III, P.C., C.P.G. PATTERSON EXPLORATION SERVICES 0 • NORTH CAROLINA MINING PERMIT APPLICATION WINDING CREEKS QUARRY State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section RECEIVED JAN 13 2016 LAND QUALITY MINING FROGK,-,°,° iolL Mail Service %.enrer Raleigh, North Carolina 27699-1.612 (919) 707-9220 Revised: February 24, 2012 r. u APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine: WINDING CREEKS QUARRY County: CHATHAM River Basin: CAPE FEAR Latitude (decimal degrees to fore places) 350 37' 01.44" N Longitude (decimal degrees to four places) 790 21' 45.91" W 2. Name of Applicant*: WINDING CREEK HOLDINGS, LLC 3. Permanent address for receipt of official mail`": P.O. Box 61 Gulf, NC 27256 Telephone: (919) 7084465 Alternate No.�� 4. Mine Office Address: P.O. Box 61 Gulf, NC 27256 Telephone: (919) 708-8465 5. Mine Manager: Bobby A. Branch We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. •*•Signature �s�.C�C�, /mot// Date Print Name: Bobby A. Branch Title: MANAGER • This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. The Land Quality Section most 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 fora permit within 60 dayyss of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must he addressed and all required maps provided before the application coo he considered complete. Attach additional sheets as needed. 01 s APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A_ GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: X If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): 119.2 Of this acreage, how much is owned and how much is leased? Acres owned Acres leased: Property owner if leased: 119.2 ❑ I f this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be'based upon): ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must comnlete all of Section F. of this anplication form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total, /__.___", ______ ___.__.__] L., aL� _... �a._- uic wiai (over atiica�c ��vcicU uy uic cxwui1b Pciiiiii. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Metabasalt/Metasediment 3. Mining method: H Hydraulic Dredge X Front-end Loader & Truck X Shovel & Truck Dragline & Truck ❑ Self -loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 300 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) b. Expected average depth of mine (feet) -2- 0 APPLICATION FOR A MINING PERMIT Has any area(s) at this site been mined in the past? Yes ❑ If yes, when and by whom was this activity conducted? No X 6- Number of vears for which the permit is reauested (10 vears maximum): 11. MAPS 10 Clearly marls and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5'" Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919)733-2423 httn://nortal.ncdenr.orL/web/lr/L,eolocical 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 littr)://www.ncdot.or,,/it/,is/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the mane alnna with their nnrracnnnrlinn feannk—rillrnrimatal aernaon Ae a rominrls-r min inn nPrmitc can 11 I'llonly be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. 1'. 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. I. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of ail 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- 0 APPLICATION FOR A MINING PERMIT E 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 orother public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. g. Map legend: I . Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised S. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres l inch = 50 feet 50-199 Acres i inch = 100 feet 200+ Acres I inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- 0 APPLICATION FOR A MINING PERMIT A tablelchart must be provided on the mine map that clearly lists the approximate acreage of tailingslscdimenl ponds, stockpiles, wastepiles, processing are, 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 tablelchan similar to the following will be acceptable: CATEGORY AFFECTED ACREAG E Tailings/Sediment Ponds 1.5 Stockpiles 3.5 Wastepiles/Overburden 17.2 Processing Area/Haul Roads 2.6 Mine Excavation 23.9 Other(Explain)Berms, Diversions 11.0 total Disturbed Acreage 59.7 NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERSTO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- 0 • APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES Describe in detail the sequence of events for the development and operation of the mine and re.krence the sequence to the mine map(s). Attach additional sheets as needed. The pit will be developed in the normal progression for an aggregate quarrying operation. Sedimentation & Erosion control measures will be installed, the site will be cleared and grubbed, overburden stripped and stockpiled, haul road and plant site graded, processing equipment ..��.,II..r7 0....1..o rl..� onnln hn..cnlniiinn h..:l+ —I —.ninn nrirralrinnr.nrl Thn aarrnnnnn nFmininn --A installed, J{.all0 and socalee housL/Vllll.l. Vllll1, all4 l/■■ll lll� {.11111lll►.11V l.11. l ■■�. .l l.11 nlll4l. Vl 111 llllll {,' allll future pit expansion area is indicated on the Mine Map. See Sheet C4 "Mine Map" for Construction Sequence for Phase I and Phase 2 See Sheet C2 for Mine plan 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plansfor sediment and erosion controlf)r mine excavation(.~), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Erosion control measures are clearly indicated on the Mine Map. The structures are designed in accordance with 25 year, 24 hour storm event as required. Details for these structures including calculations are shown on the Detail Sheets. See Sheet C4 "Mine Map" for Sedimentation and Erosion Control measures and Construction Sequence. Also refer to Sheets C3-C16 for drainage areas, calculations for diversions and basins, and all other construction notes and Reclamation Plan. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes X NoEl If yes, briefly describe all such processes including any chemicals to be used. Washed aggregate is produced utilizing spray bars on inclined screens. Water for the process comes from the pit sump or Sediment Basin #4. This water is recycled through Sediment Basin #4 (See Sheet C-4). The basin will be dipped out as necessary and the fines added to the ABC product or utilized for asphalt fines. The mine discharge is made up of storm water that accumulates in the pit. Most of this water is what falls directly into the pitand ground water seepage; the remainder comes from area drainage. This water is then pumped out of the pit as required. No chemicals will] be used. b. Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? Yes X No ❑. Ifyes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(). The site will be permitted to discharge mine water and storm water by means of a General Permit NCG02000 issued by the Division of Water Quality after the Mine Permit is issued. The mine dewatering will occur from the pit sump through Permanent Sediment Basin #6 (See Sheet C-4) to unnamed tributary of Bear Creek. Other storm water will discharge after settling in the sediment traps and basins. -6- �11 0 APP..I 11-AT11"N IMP A MINING PERMIT .� ... c. Will any part of the proposed mine excavation(s) extend below the water table? Yes X No ❑. If yes, do you intend to dewater the excavation(s)? Yes X No ❑. Ifyes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day:40,000 . Locate all existing wells on the mine map(a) that lie within 500,fee1 of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. No wells within 50{1 feet of the proposed excavation that are not on the mine property. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate waterquality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. e. The site will be permitted to discharge mine water and storm water by means of a General Permit NCG02000 issued by the Division of Water Quality after the Mine Permit is issued. This site does not lie within a capacity use area. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes X No ❑. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. The Air Quality Permit Application is being prepared. b. Flow will dust from stockpiles, haul roads, etc., be controlled? Dust will be controlled on the plant by a wet suppression system. Haul roads and stockpiles will be controlled using a water truck with powered rear sprayer and a front mounted water canon. -7- 0 APPLICATION FOR A MINING PERMIT 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 & Serrtimenintinn rnnirnl mengiireg may he installed within it) an iindicturbed hii ffer inn (tistim nnc.e_ 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 of25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). The buffer locations and widths are shown on the Mine Map. A minimum 50' wide buffer will be maintained around the perimeter of the permitted area. Buffers wider than 50' are indicated on the Mine Map. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. -low 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? Shaw all huffer locutions and widths on the mine map(s). A 50'or wider buffer is indicated along Bear Creek (and it's tributaries) on the Mine Map. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to I vertical slopes or flatter for clayey material and minimum 3 horizontal to I vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. As indicated on the Mine Map and Reclamation Map, the pit will not be near property boundaries, thus no landslide impact to adjoining properties. In unconsolidated overburden slopes will be maintained at 2.5:1 or flatter with 40' benches above the waterline in rock. -8- 0 APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(y) for all fill slopes (berms, wastepiles, overburden disposal areas, etc), clearly indicating the intended side slope gradient, installation gl'any benches andlor slope drains (with supporting design information) if needed, and the method of final stabilization. Final slopes on all fill areas, including overburden ("waste") piles will be at 2:1 or flatter. (See Sheet C-6, Reclamation Map for Detail) In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections for all cut slopes must he provided on the mina map(s). Cut slopes in unconsolidated material will be 2.5:1 or flatter. 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. Benches in rock will be 40' high with a minimum 5' safety bench and will average 20' to 40'. Planned maximum excavation depth is 300' with an average depth of 150'. 7. Describe other methods to betaken 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 no dwellings, public roads, no public, commercial, or industrial buildings within 1000 feet of the excavation. All quarry shots will be designed to prevent excessive vibrations. Seismograph recordings will be taken during each shot event. The shots will be scheduled for around mid -day and perceived as "distant thunder" lasting less than a second. Depending upon market conditions, blasting may occur one to three times per week. 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 wail barricades. A construction detail/cross-section and location preach type cif barricade to be used must be indicated on the mine map(s). A four -strand barbed-wire fence with appropriate signage will be placed around the excavation perimeter. Where roads exist, berms, ditches, and/or large boulders will block access. Access to the operation will be secured with a gate. 9. Are acid producing minerals or soils present? Yes ❑ No X. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? -9- 0 0 APPLICATION FOR A MINING PERMIT 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. Shoe the location of all visual screening on the mine map(,) and provide cross - sections through all proposed berms or proposed spacing, sizes and species_ br tree plantings. Existing trees, terrain, and berms will effectively screen the operation from public view. These natural and man made screens will provide an excellent buffer to public view of the proposed operation. These areas will he maintained as such for the uua w+a;a-an of +iaan va, oainr.�+ion vkia■ uanaa. h_ Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? There are no publicly owned parks, forest, recreational areas, or other public land adjacent the site. 11, Will explosives be used? Yes X No ❑. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsile occupied slruclure(.$) to the proposed excavation(.$) on the mine map and indicate its approximate distance to the proposed excavation. The nearest dwelling, not owned by the permittee, the John R. Wilkins, Jr. home, is over 1490 feet from the edge of the 10 year nit (indicated on mine man). Explosives will be used to extract the rock in the quarry. The principal explosive material is ammonium nitrate/fuel oil mixture know as ANFO. Ammonium nitrate is a common high nitrogen fertilizer. A shot pattern will be used that minimizes the air and ground vibrations and provides the best rock fragmentation. Energy expended as excess air blast or ground vibration is wasted energy and it is our intent to develop the most efficient, cost-effective blasting procedures possible. The shots will be scheduled for around mid -day and perceived as "distant thunder" lasting less than a second. Depending upon market conditions, blasting may occur one to three times per week. Permanent records will be maintained of each shot, which indicate shot pattern, loading, delays, time, weather conditions, seismograph records, and all other pertinent data related to the shot. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes X No ElI f yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(,) of'all storage.facilities on the mine map(,). Fuel oil, gasoline, and waste oil will be stored in approved containment structures that meet all required fire protection codes. Since no shop facilities are currently planned, no part cleaners will stored on site. -10- 0 • APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of' reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must he 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 he indicated on the reclamation map. Disturbed areas, berms, etc., will be revegetated in accordance with the seeding schedule. The excavation will be allowed to fill with ground and surface water and may be used as future water reservoir, recreation, wildlife sanctuary, or other use. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes H No H. If yes, illustrate the location of the body(s) of ~rater on the reclamation map and provide a scaled cross-section(.~) through the proposed hodv(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 hodv will he nrnductive and heneticial at this site - The - The pit will remain as permanent water storage use (pond). The ultimate depth will determine the average water depth when mining ceases. Will the body(s) of water be stocked with fish? Yes X No ❑. If yes, specify species. Largemouth Bass, White Crappie, Hybrid Bream, and Blue Catfish 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 he shown on the reclamation map. A four -strand barbed-wire fence with appropriate signage will be placed around the excavation perimeter. Where roads existed, berms, ditches, and/or large boulders will block access. Access to the operation will be secured with a gate. • 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 localions.for 711f1h armax mural he nrnvidwl nn I& reclamalion man --- - --- ---_. -'----- '" - I-- " ------ '"-- - -- . ----------"-- '---w Overburden will be utilized in the construction of screening berms. The berms will vegetated as shown on the Mine and Reclamation Maps. Overburden piles, clearing debris, "spoil banks" and other mine waste areas remaining at final reclamation will be graded and stabilized to 2.5:1 or flatter slopes and vegetated in accordance with the attached seeding schedule. All areas will be graded to prevent pooling and stagnation of water and to control storm water runoff. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. The stockpiles, plant, office, scales, lab building, fuel storage, and all other structures will be removed from the site. The plant and stockpile area will be graded, scarified, and revcgetated in accordance with the attached schedule. Further, on -site roadways not needed for future development of the site will also be graded, scarified, and revegetated. b. Will any on -site roadways be left as part of the reclamation? Yes ❑ No X Ifyes, identify such roadways on the reclamation map andprovide details on Permanent roadandditch line slahilizalion. G. Describe the method of control of contaminants and disposal of scrap metal, -junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine maps) and reclamation map, along with a list of items to he disposed in said areas. All scrap metal will be recycled. Trash and refuse generated by the operation will be placed in the appropriate on -site "Dumpster" supplied by Waste Management, Inc. - 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 Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): Soil tests will be performed prior to application. Minimum 1 ton for temporary seeding, 2 tons for permanent. FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): Soil tests to determine N-P-K rates. Minimum 10-10-10 @ 1000 lbs/acre. Lime and fertilizer should be incorporated into soil (tilled in) prior to seeding. SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING C/lu cni Ti C f-....-.3..I....- N. !A7/YTC. I- ,I.. J . I T .�w iL,vvL,i, UjVunL&wa%,rCj: li�v i u. siwi�uc LAAguilGJf Seed Types: Seeding Dates: Seeding Rates: Serices Lespedeza (scarified) March 1- June 1 50 Ibs/scr+e KY-31 Fescue 120 lbs/acre Ladino Clover 5 lbs/acre KY-31 Fescue June 1 — September 1 120 lbs/acre Sorghum -Sudan Hybrids 50 lbs/acre Ladino Clover 5 lbs/acre Sericea Lespedexa (unscarified) September 1 -- March 1 70 lbs/acre KY-31 Fescue 120 lbs/acre Abruzzi Rye 25 lbs/acre Ladino Clover 5 lbs/acre MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: Clean Straw @ 2 tons/acre. Tack w/ rapid setting emulsified asphalt @ 10 gallons/1000 square feet, or other approved method such as crimping where soil type permits. OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, treestacre, spacing of treestshrubs, etc): Revegetation and/or res Lion plan approved by: Signature" r �• L ''— -� Date:.ianuary a, 20i5 Print Name: O.F. Patterson, III, Title: Geologist and Farmer Agency: Patterson Exploration Services & per NCDENR Surface Mine Manual -13- 0 APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND • The f llewing hond cnlculation worksheel is to he used ro establish an appropriate bond (based upon a ra of $500 to $5, 000 per affected acre) for each permitted mine .rite based upon the acreage approved by Department io be affected duringthe life ofthe miningpermit. Please insert the annrorimale acreage for e AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE' COST Tail ings/Sediment Ponds: 1_5 Ac. X $ 1,500 lAc. _ $ 2 250 �✓ Stockpiles: 3_5Ac. X $ 1800 /Ac. _ $ 6 300 WastepileslOverburden: 17.2 Ac. X $ 2000 /Ac. _ $ 34400 Processing Area/Haul Roads: 2_6 Ac. X $ 2000 /Ac. _ $ 5 200 f Mine Excavation: 23.9Ac. X $ 500 Mr. _ $ 1111 900 45D, Other 11.0 Ac. X $ 1800 /Ac. _ $ 19800 TOTAL AFFECTED AC.: 59.7 Ac. (TOTAL PERMITTED AC.: 119.2 Ac.) Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) arr c!en norpe that drain mto proposed/existing excavation and/or b) affected acres that will begmded for positive drainage where measures will be needed to prevent offsile sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 26.6 Ac. b) Positive Drainage 33.1 Ac. X $15500.00= $ 49650 �,r� SUBTOTAL COST:b,V $ I2 00 id9 Inflation Factor: 0.02 X SUBTOTAL COST: $ 2.590 X Permit Life (Ito 10 years): 10 INFLATIONCOST: $ 25.980 RS, TOTAL COST = SUBTOTAL COST+ INFLATION COST = $ 155,800 t F, t 1b5 Fe db Total Reclamation Bond Cost: $ 155 (round down to the nearest $100.00) I 1Wi 14- 0 • APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF AD.IOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt reauested_ to, ------------r----]------., .- (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). 44Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" - 15 - • NOTICE Pursuant to provisions G.S. 74-50(b 1) of The Mining Act of 1971, Notice is hereby given that WINDING CREEK HOLDINGS, LLC has applied on January 11, 2016 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): X 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. fhe applicant proposes to mine "GRANITE" on 119.2 acres located 0.95 (Mineral, Ore) (Number) (Miles) Northeast of Bear Creek off/near road US HWY 421 in Chatham County. (Direction) (Nearest Town) (Number/Name) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satislactory 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 ofthe 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 ofthe issuance of this Notice or the filing of the application f___ _.1-7_L__.__:_ 1_._� [�L __.1J aL_fl_�__�� .J_a_____:�_aL_._ �:C_..�. _.L1:_ VU IUId E.leflllll, WIIIGIIGVGf IS IQLCI . JilUulU L11G VG�/ili ullelll IIGIGI IIIII IG Lli[tld 5lg11111V[111L �1UU11G Interest elCljtj iC:IdL1 Vl: LV 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 snecifics of the nr000sed mining activity. Dtease contact the applicant at the following telephone number: 919-708-8114 . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that theDepartmentwill 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. Renee Paschal, Chatham County Manager P.O. Box 1809, Pittsboro, NC 28.3.1_2 (Addressee/Owner of Record's Name and Address) January 11, 2016 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of�Record) Russ Patterson, Agent Winding -Creek Holdings, LLC (Name of Applicant: Include Contact Person & Company Name. if Applicable) P.O. Box 61, Gulf, NC 27256 _ (Address of Applicant) - 16- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, O.F. Patterson. III , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tract% 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 List for Adjoining Property Owners (Attach additional list if necessary) do also attest that the following individual is the chief administrative officer ofthe county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] Ream Paschal, Chatham County Manager P.O. Box 1809, Pittsbore, NC 27312 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 thew tract%, that are within 1,000 feet of the mining permit boundary) and the chief administrative officerof the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 515.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused tobemailed and to provide them to the Department upon request. ' t -" January I L 2016 Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Nmne of applicant: Windine Creek Holdio®. LLC Title of person executing Affidavit AGENT t, I, W P ad% , �o' : (,mtv,rt. a Notary Public of the County of CA�Q` Fv% , State of North Carolina, do hereby certify that OF t{{p..rSovs ITS appeared before me this day and under oath acknowledged that the above ffidavit was made by him/her. i i"PmNr",, w i"uuas iTiy bud ad nurariai s(c�an,MIS r i day of_ i TYI's.C%^F� 041� Notary:_ W QX\C9..q my Commission expires; i� - t - v0 e �A</B LIG 2Vr -17- APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may he reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: Signature: Print Name: Bobby A. Braacb, Manager (Title, if applicable) Company: Winding Creek Holdings, LLC Address:P.O. Box 61, Gulf, NC 27256 'I elephone:(919) 708-8465 Date Signed: � t,") APPLICANT: Signature:' Print Name: Bobby A. Branch Title: Manager (If applicable) Company: Winding Creek Holdings, LLC wrwrnr mr roc c c c nn e u ov Telephone: (919) 708-8465 Date Signed: 'Signature most be the same as the individual who signed Page 1 of this application. or money ( sent to the form. rrtment of Euvirooment and Natural Resources must be the address listed on the front cover of this application Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. is- J APPLICATION FOR A MINING PAIT 0 MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit, a major permit modification or a renewal permit is required as follows: New Permit Applications Permit Modifications Permit Renewals Transfers/Minor Modifications* 0-25 acres $3,750.00 $750.00 $750.00 $100.00 26+acres $ 5, 000.00 $1,000.00 $1, 000.00 $100.00 *A nonrefundable $100.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership Transfers, name chanties, hood substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes arc considered major permit modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the modification within the permitted mine area, or any additional land that is to he disturbed and added to an existing permitted area, or both. - 19- APPLICATION FOR A MINING P&IT 0 There are seven Land Quality Section (LQS) Regional Offices. Use the map below to locate the Regional Office serving your county. Asheville Regional Office • Counties: Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey • Address: 2090 U.S. Highway 70, Swannanoa, NC 28778 • Voice: 828.296.4500 • FAX: 828.299.7043 Fayetteville Regional Offtcc • Counties: Anson, Bladen, Cumberland, Harri 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, Curriluck, Dare, Gates, Greene, Hertford, I lyde, Jones, Lenoir, Martin, Pamlico, Pasquotank,.rerquunans, run, Iyuch, Washington, Wayne • Address: 943 Washington Square Mall, Washington, NC 27889 • Voice: 252.946.6481 • FAX: 252.975.3716 2u - APPLICATION FOR A MINING PERIT • LAND QUALITY REGIONAL OFFICES (continued) Wilmington Regional Office • Counties: Brunswick, Carteret, Columbus, Duplin, New Hanover, Onslow, Pender • Address: 127 Cardinal Drive Extension, Wilmington, NC 28405 Voice: 910.796.7215 • FAX:910.350.2018 Winston-Salem Regional Office • Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, Surry, Watauga, Wilkes, Yadkin • Address: 585 Waughtown Street, Winston-Salem, NC 27107 • Voice:336.771.5000 • FAX- 336.771.4631 _21 - APPLICATION FOR A MINING PERMIT • SCHEDULE OF RECLAMATION COSTS ,Based upon range of $500 - $5,000 per affected acre) COMMODITY CODES: SC=Sand and/or Gravel, CS= Gemstone, Borrow=Borrow/fill dirt, CS=Crushed Stone, DS = Dimension Stone, FS= Feldspar, MI = Mica, LI = Lithium, PIT = Pyrophyllite, OL = Olivine, KY = Kyanite/Si I limanite/A ndalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU —Gold, T1- Titanium, and OT = Other Type T/S Ponds S.piles W.Piles P.area/H.R. Mine Excay. SG, GS, $500/aa(L) $1800/ac. $2000/ac. $Ig00/ac. $500/ac.(L) Borrow 1500(Fl) $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(PI) 50vv(Pii) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(PI) 5000(PD) (L) = reclamation to a lake and revegetating sidesiopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING. AS A MINIMUM a FINAL GRADING COSTS PER ACRE a LIME AND FERTILIZER COSTS PER ACRE a YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) a MULCH AND ANCHORING COSTS PER ACRE ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. .22. c.N.en. rAmr.e �« x•mu,k c' >•emlvsma.ar BEACCBEEKr'.N6 E Mao ramnoaw <. 6 v . tR 033P 1'��o 20 a E0. U0. $0.00 7 IFrammma<u Pemsecl Ea. wmlafaac $/2a16 AIAV rY'na_1-6.rr:03---.--- -,a�....C�K o/I ���® fi9(ty ft m tUUI1r113J1p �19$gatH 8E WCREEI(ut"H� •adau A L U S E .ry me 0330 MOO � o wwm Ib�eam•u�iaya,eF'e1 f0.0U ilk o le�ew®m.m�aeme.�'y q N s� CERTIFIED ful1A1L.RECEIPT /Da_ medic Mail Only_Na Insurance Cove•xge P (F7e"cllvery7lnlor lion Islto'•uo'.0 �bs11T-la nw•us�— pa"fom' i I 1 l 1-f vs r maeno.> zms sere. o, m: ___ U.S. Postal Service,. CE +TIFIIELI MAIL,;, RE@EPT r�gnma�,i^1y»,.,1f!�io.u.o..��r ac Prov dad) 111 i 1 1 - 1 1 N � O tl w • I�I N GOLOHS�TI T M1 M1 m m O Gl6w°n°"Iwn WIwnF �IIW t` so 50.1 T^��era®I N S[M (Domes[ p Mall i � Caialee Fv G (FMenemvn�iyglp^y) r f0: � muro.vys •Fem i. I maowu, 1� ECEIPT e Co`vavg POldQ, _p ,cvmv 1 i 1. _ev qoo _ v�lne AEA�CREENwi. NC 2720 A L �.�_S E PSVy G �_0330 unm.e Fm $0.00 20 mv�nwNC Fn. a>•tlwamem F.alll.tll $0.0 fn.ao �8�,% to. TaW PNYpe6FM aem aFo'emxe. 1v 1 ElYiiu)M CERTIFIED Iy RECEIPT (Do_mes_tle NaOVmy; _i evrance-cove<aae erovrneni /G 7tl I cry lnlmrt_I IIZI It�4ell 1 '. ps. m' I y _ . I L U.S. PDstai Seruice�.: � CEFiTIFIE-D MAID'., RECEI.fgPT (Domes tie Mall Only;LMBLI a Furan c algoe seem ided) �F tl II_ yslnlo 11-L It[—r0 _ '. s� p T(m I 1 - :•:^ it �7a iI-� sTr�I�.,T n fi7 e9usl tooe $eLaeVf U.S. Postal Seruicel,. CER ED M -CEIPT (Dam is Ma lOnly' NO Inc a cover.,�e IS [OI If V�otOfTaT910� tile�aljWe'I asps,[ rlt N N Q. . .. kAIE16HT, Ny F m cwuraw � c xnunrmigw o Vaimwn.nwWi.ep ry f0. s TOWMe+eg6tA- O N eMa p 6lmw.bily_i._.__ f. wrom..n lDD � N l F BEAoR�jCREFR^. F m a m a c®nraw a w.mma o.uy w s ram ewua.sr... o b an o xm Oat ry wPoevxa. c(P( V330 WINDING CREEKS QUARRY US HIGHWAY 421 BEAR CREEK, CHATHAM COUNTY, NORTH CAROLINA % 0 9CA fx ITE 9g. 9! A 51OETIRDE% y- - 81TE eEVEIOVERNWNEP C COVER 9@ET LOCATION MAP I ..-w. O J WINDING CREEK HOLgNG3. LLGPC 801 CP MINE STE LAvd1T"M ALI NCER53 CONTACT: W68Y k BRANCH C3 DRAINAGE ANEAM R MOVE'. BIBJW-MPS Rf CI MBE 1N} JANUARY 2016 I D.E AI ROAD vxmxDR� 1 RI �� ca PEryA1Mitt%1 MAP ..:.. ,:. . L] RECLAMATION MAP I DVEP8UAD6V AREA PLANS BY n. CA EWSV}N 6mKL NOTES 1 I�I NNtk -T� N -lowV/ I15 Nf;v fcNN EPOEIONCPY1PCL pETAIIS PATTERSON ww. Albs C[Y6 ERP.GNLOIiNKI GLLCVUTNMB CR Box SxBwO. xAMIWIn IPY �r M UM >I AEd159 pone 'fol[VpN SsxEoxU, x[3♦ll[�wot Ilp ggSptlLa1D IXTJOB4 O16 DAP DOCUVENTA7IOM1 omn5 e 1 I Ia et6t "� ip � � •�tAa� F i r> i i� ep Q �+1g WINGING CREEKS QUARRY g' us AN WAY GOUN", e•e ! s� � sews cnees, enerne�eounn,uosTM ceswne frs 1 rl ME91E uriw*rwr 1 �fr r\J i WINDING CREEKS QUARRY S US HIGHWAY Qi BEM CREEK, CHATHAM CCUNTY.NORTH CAROLINA 3, Y'i �; �� I oBNHecE u+E�wr