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North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. YMT NAME: AVS Mine 2. NMT LOCATION: Al Haynes Rd SW 3. COUNTY: Brunswick 4. RIVER BASIN: Lumber 5. CASE: 6. OPERATOR: Ottrue Evans 7. ADDRESS: 553 Wesley Trail SW, Supply, NC 28462 8. MINING PERMIT #: 10-10 ❑ N/A 9. PERMIT EXPIRATION DATE: N/A ❑ N/A 10. PERSON(S) CONTACTED AT SITE: none — no one on site 11. PICTURES? ❑ Yes ® No TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: ® B. Routine Inspection (Permitted Mine Sites) [� C. Follow-up Inspection 13. Date of last inspection: 02/14/2012 14. Any mining since that date? ® Yes ❑ No If yes, cite evidence of such mining activity: 15. Was mine operating at time of inspection? ❑ Yes ® No If yes, explain: _ 16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No ❑ N/A If no, explain: OC 6.) The angle for graded slopes and fill shall be no greater than the angle, which can be retained by ve etative cover or other adequate erosion control measure structure or device. 17. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ®No ❑ N/A If no, explain: RC 4.) Reclamation shall be conducted simultaneously with mining to the extent feasible. ' 18. Is there any off -site damage? A. ❑ Yes B. ® No C. ❑ Nome observed If A, describe the type and severity of the damage: If B or C, is there potential for offsite damage? ❑ Yes ® No Explain: 19. Corrective measures needed and/or taken: Reclaim mine as you go. Slopes shouid_ be shaped to no rrg_eater than 3:1 and vegetative cover established on areas of the mine where no lon er mining. 20. Other recommendations and comments: 21. Is the Annual Reclamation Report -+-/- neap accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed ❑ N/A 22. Follow-up inspection needed? ® Yes ❑ No Proposed date l ebrua 2018 23. No. of additional pages of Inspection Report 0 24. Copy of Report sent to operator 12/28/2017 INSPECTED BY: Crei hton Brown DATE I2/21/2017 Telephone No: (910)796-7230 Copy to file Copy to operator Copy to Mining Specialist ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front If space permits. _ 1. Article Addranpm tn,. MR QTTRUE E EVANS.}R 553 WESLEY TRAIL SW SUPPLY NC 28462 IIIIIIIII IIII IIIIIlI IIII III I! III II IIIIIIIII III 9590 9403 0730 5196 3111 22 A. Signature . f ❑ Agent ` ' X i `'t ,1 ❑ Addressee B. Re Ived by (Printed Name) C. of 11very D. Is deliveryaddress different rf am Item 1h, ❑ Yes If YES, enter delivery address below p No 3. Service Type ❑ Priority Mail Exproza ❑ Adult Signature Q Registered MaIITM ❑ Adult Signature Restricted Delivery Cortifled Melt® ❑ Registered Melt pasbk ed DaEhrerY Certlffed Mall RasMcted Delivery 10 R Rsoelist for ❑ Collect on Delivery % Mertandisa Q Collect on Delivery Restricted Delivery ❑ Signature Confinnatlonn' Q Signature Catflnnatfon clad pedvary t Restricted Dellvay PS Form 3811,,April 2015 PSN.7530-02+000'ODS3 ! V —1Domestic Return Receipt Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY December 1, 2017 Ottrue Evans Ottrue Evans Jr 553 Wesley Trail Sw Supply, NC 28462 RE: Mining Permit No. 10-10 AVS Mine Brunswick County Dear Ottrue Evans: ROY COOPER Covernor MICHAEL S. REGAN Secretary TRACY DAVIS Director This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The "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 ermit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of $400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017 — see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee. must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million, Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, or me at (919) 707-9220. Sincerely, William "Toby" Vinson, Jr., PE, CPM Interim Director, DEMLR State or Narth Carolina I Environmental (duality I Energy, Mineral and Land Resoumes 512 N. Salisbury Street 1 1612 Mail Service Center I Uoigh North Carolina 27699-1612 419 707,9200 Energy, Mineral & Land Resources ENVIRONMENTAL OVALITY November 29, 2017 Mr. Ottrue Evans Jr. 553 Wesley Trail SW Supply, North Carolina 28462 RE: Permit No. 10-10 AVS Mine Brunswick County Lumber River Basin Dear Mr. Evans: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director Please be advised that the North Carolina Mining Act of 1971 was amended on October 4, 2017 by Session Law 2017-209 which states that all existing mining permits and any newly mining permits are to be issued for the life of site or for the duration of the lease term. Thus, there is no expiration date for this mining permit. 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. 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, Session Law 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. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year along with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. The conditions in the permit were based primarily upon the initial application. Modifications were made as indicated by the request and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 3A; 4C, 4D and 11. As a reminder, your permitted acreage and affected acreage for this site are both 6.75 acres, as indicated in the application and on the mine map received on March 17, 2017. Stale ofNortli Carolina I Environmental ¢uallty I E[iergv. Mineral and Land fz(.Sources 5i2 N. Salisbury Street 11612 Moil Service Center I italeigh, North Carolina 27699-1612 919 707 9200 Mr. Evans Page Two Please review the permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. Sin er ly Ili in on, Jr: -- - - - - —_ F� x Chief of Program Operations WEVIjw Enclosures cc: Mr. Dan Sams, P Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES - - - - - --P- E-R-MIT - 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: Ottrue Evans Jr. AVS Mine Brunswick County - Permit No. 10-10 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond -or other security on file with the Department, and may survive the revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another -- -- operator -succeeds -to the- interest-of-the-permittee in -the permitted mining -operation -,by -virtue - of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49, Modifications September 14 2006: This permit has been modified to increase both the permitted and affected acreage at this sit to 6.75 acres. This modification includes the addition of 4.95 acres to be affected for both the mine excavation area and haul road to the state maintained road. This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017-209 and has no expiration date. However, all provisions of GS 74-51 and GS 74-52 still apply for new, transferred and modified mining permits. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: Page 3 OPERATING CONDITIONS: 1. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact _- -- - the-Stormwater-Program -to secure any-necessary-stormwater-permits -or-other- approval -documents. 2. . A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. \, 3. A. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters Qf the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation or into the sediment basin. C. Dewatering shall occur as indicated on the mine map received on March 17, 2017, pumping from the mine excavation onto the "Old Pit". D. Mining activities shall occur as indicated on the mine map received on March 17, 2017 and the supplemental information received on August 23, 2016, March 17, 2017 and October 11, 2017. Page 4 5. All mining permit boundaries (6.75 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of sedimentation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or - -- --- - -conduits shall -be -constructed -or- installed when required to -prevent -such -conditions. — - -- --- - - 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 25 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area- shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of Energy, Mineral and Land Resources, Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in.a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel I Page 5 D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved,by the Division of Energy, Mineral and Land Resources prior to commencement of such disposal: 1, the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 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-willbe established. 11. An Annual Reclamation Report and Annual Operating Fee of $400.00 shall be submitted to the Department by July 1 of each year until reclamation is completed and approved for release by the Department. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $6,500.00 and a $1,000.00 Assignment of Savings Account, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED .RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 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 restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. r m. r Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through D. --E. -The affected land -shall be graded to -prevent-the collection of -noxious -or -foul -- water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October October 25- February 15 Soil Amendments Species Rate, Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime - 2000 Ibslacre or follow recommendations from a soil test. Fertilizer - 1000 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. Page 8 In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued July 21, 1997 a hereby re -issued this 29th day of N newed and mo ified September 14, 2006, is fiber, 2017 p suant to GS 74-50. C Tracy E. Davis, Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environmental Quality North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land Resources Annual Mining Permit Operating Fee Invoice Session Law 2017-209 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. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and -could result -in -the -denial -of future permit actions and/or -revocation of -your -mining permit. — - --- — Annual Mining Permit Operating Fee Coverage Period: October 4, 2017 to June 30, 2018 Invoice Date: November 29, 2017 Annual Fee: $400.00 Notes: 1. Pay by mail with a check/money order payable to DEQ. 2. Please remit payment to: Via US Postal Service: Via FedEx/UPS: Division of Energy, Mineral, and land Resources Division of Energy, Mineral, and Land Resources Mining Program Mining Program 1612 Mail Service Center 512 N Salisbury St., 5t' Floor Raleigh, NC 27699-1612 Raleigh, NC 27604 3. Please include your mining permit number and mine name on all correspondence. 4. Non-payment of the annual fee by the payment due date will initiate late fees and the potential for permit revocation. 5. A $25.00 processing fee will be charged for returned checks. Mining Permit Number: Permittee: Please return this portion with your payment Annual Operating Fee Period: 10/4/17 — 6/30/17 Date Due: 12/31 /2017 Mine Name: Amount Due: $400.00 Check Number: UNITED STATES DEPARTMENT OF THF INTERIOR GEOLOGICAL SUPVF S-r.- A TE OF OFTH CM-ZOkAINJA �- F DEPARTMfENT OF NATURAL RESOORCFS AND COMMUNITY DEVELOPMENT PAIJAGH. NORTH CAROLING .............. 7 by the United States Geologic"d Survev with North Camlina Departnmit (A Resoin-ces and Coinimmity Development Control by LJSGS and NOS/NOAA loixAiraphy by photogickluillellit. iretl)ods from acT-'Tal token 1987. Field cheria"i 1981). mop edited 1990 Supersedes llpersedes Arniv Kip Smvice "tit[) diiote(j 1943 Projectim, and 10.000-600l qrid ticks: North Calolill'i (Aomfirmte system. (1-ambvirl conformal conic) I 000-ineter Univiv sail Transverse Mercator grid, zone 17 1927 North Anivricaii Dallim To Place on the, j.-iredicted North American DMUITI 1983, prove the projection lines 15 meters solith and 25 meters west as shown bu dashed corner ticks Gnu tit), jndtu-tusareas in %vilich onlu landmark buildings are Shown Short dashed Wile linf-, indicate elliptical bay outlines visible on aerial photographs 17iliv red cj'�Silvd lilies indicate selected fence and field limms where ('tit 1A Pilo -)Pll, �J" 9 _ _A Itv visible on aerial 10qri -�' This in(cinnation is unche(,kt,d .......... . ....... .. . . .. .... ... ............ . .. .. ..... ............... . . . - ----- ..... ................... . . . ..... ... . . 5 C) 51 SCALE 1:26 000 W011 2000 1000 r? low 2DO 3100 tool) at Ulm lutto UWJG 1 luout) FEF11 CC) NTOU 11 1 N-1 I RVAL 5 FEF-T NATIONAL GEDDEW VI'MICAL D,'J"M Of- VQIP N C L`TNI GRID AND I'"ONIAGNIT171C N0IZTI I DECLINATION AT CTNTFR Of SHE U- 'nits MAP COMPLIES WITH NATIONAL MAI, AC('IJRA( Y STANDARDS QUAD RANGLE LOCATION FOR SALE BY U. S. GE01-OGICAL SURVEY DENVER. COLORADO 80225, OR RESTON, VIRGINIA 22092 A FOLDER DESCRIBIW; TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST HOLDEN BEACH QUADRAN(3LE NORTH CAROLINA-BRUNSWICK CO- 4, TS MINUTE SERIES (TOPOGRAPHIC) INFERKDR ROAD C-LASSIFIC A I 10N hard smMic SilLcorld'ITy highway. Bard surface Unimproved 111teTslate Moulf, 0. S Routv State Rolao HOLDEN BEACH, N.C. 3307"j'3 Y-024 1990 DMA 5351 IV NL.,5EHILS V842 • NING CHECKLIST FOR ROUT AG Applicant's Name: i,'�.f.,• 1#,rir ProjectName: � 9 Applic./ Permit No: + ' + " � County: ! ' i�1 _ Date Received: �;' f f Reviewer. ` j J - � River Basin Name. -- ❑ New Renewal ❑ modification (inside permit boundaries) ❑ Modification (outside perm' boundaries) ❑ Transfer El Release ❑ Partial Release Additional Information ❑ Fee Needed: s ❑ Fee Received t PA41route entire application package to Regional Of five (z tornpietc topics; attach the "LQS Regional Office Mining Application Review Checklist" to one copy and h bath the DAQand D WR "Mining Application Review Form" to the other copy; send both copies to the Regimusl Engineer) Date: Routed I J f Rec'd ❑ Division of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ US Fish dT Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route first 3 paRes Of the application and anv location mats to: ❑ Division of Parks dT Recreation Date: Routed Ree'd ❑ NC Geological Survey Section Date: Routed Rec'd ❑ Division of Marine Fisheries Date: Routed Rec'd ❑ Division of Soil d1 Water Conservation (plus LEA) Date: Routed Reed (Only new applications and mo&fications requests that add land to t6 permit) ❑ Division of Archives & History Date: Roused Rec'd (Only new applicants) ❑ Other: Date: Routed Rec'd Suspense Date for Comments: 1 =' , (no later than 25 days from receipt) `LN 7� ❑ Please note the following: /A • i # Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. # Attach this card to the back of the maliplece, or on the front if space permits. 1. Article Addressed to: 9 MR OTCRUE E EVANS JR 553 WESLEY TRAIL SW SUPPLY NC 28462 111111111IN11111111111111111111111111111III 9590 9403 0730 S 196 3121 74 7015 0643 0007 9832 8631 A. Slg ture © Agent B. eceived by {Fwtlw Name} C. --j cak L�G" I t D. is delivery address different from itern V If YES, enter delivery address below: 164 3. Service Type ❑ Prioritp Mail bpMess "Adult Signatwe ❑ Reelstored Ma- 0 Aduft Bignature Ree9loted DeAvery od Moll estridted Delivery • Collect on Delivery ❑ Collect on D01very Reas40W Delivery Mali Moll ResWctod Delivery o Reclsteted Mail R eatrlatsd dGe lRistum Reoelp"or Merchandise M BiMmMm confl" M' © Bigneture Confirrne#on R9atrloted €le my PS Form 3811, April 2015 PSN 7530-02-000-9063 i � f (�_ e (/�J Domestic Return Receipt APPLICATION FOR A MININ40ERMIT C� NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION RiECENED APPLICATION FOR A MINING PERMIT OCT 1 .t 5�� (PLEASE PRINT OR TYPE) LASO QIJA,L-IV SECTION 1. Name of Mine. 4 VS County River Basin � U 4a h e r Latitude (decimal degrees to four places) 33 Longitude (decimal degrees to four places) 7i- 11 '571 q w 2. Name of Applicant* U 3. Permanent address for receipt of official mail** Telephone {yo) 7 - Alternate No. 4. Mine Office Address S 3 Vj e V� �� �l . -Al,'-* S " Telephone �9/O) p�-d_�-1 a % -- 5. Mine Manager Ue- '' 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. 17 ***Signature_i�lsc---- Date" ��" Print Name �u e Tr Title �g W/A e �e- * 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. * * * Si gnature of com an officer required. G. S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -1- L APPLICATION FOR A MINIAERMIT 0 G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business 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. 74-55. 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: Print Name: u� G Z� j/'4 Sr (Title, if applicable) Company (If applicable) Address: , 3 [lC3 Ae 77r/, S" t.- MAjI w� y l� Telephone: (g 1 B ). _ .7 �&' 6 S. 1 Date Signed: 4/-�7 APPLICANT: Signature.* �-G- Print Name: A61ze..4E `' JZ /7- Title: /tar,4r, Company: Mine Name: d l/ . � 110 ! (l e Telephone: (q10) 9- la-U 16 Date Signed -/ *Signature must be the same as the individual who signed Page 1 of this application. or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. -18- 4► 0 ROY COOPER covernor 3,a Energy, Mineral & L and Resources ENVIRONMENTAL QUALITY April 12, 2017 Certified Mail Return Receipt Requested 7015 0640 0007 9832 8778 Mr. Ottrue E Evans, Jr. 553 Wesley Trail SW Supply, North Carolina 28462 RE: AVS Mine Mining Permit No. 10-10 Brunswick County Lumber River Basin Dear Mr. Evans: MICHAEL S, REGAN Secretary TRACY DAVIS Director We have reviewed the renewal request you submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74- 50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: Properly complete the enclosed page 1 and page 18 of the application and return the originally signed pages to this office. Please note that the applicant on line 2 of page 1 and Applicant of page 18 must be the same as the current permittee, Ottrue E. Evans, Jr. 2. Provide a cross section of the final reclamation of the site. Show side slopes, water depth and pit depth. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note this office may request additional information, not included in this letter, as the mining application. review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 Stale of North Carolina I Environowiltal Qur bly t Energy, Mineral and Land RrsUurces 512 N. Salisbury Street 11612 Mall Service Center i Ralelgh Nolth Carolina 27699-1613 919 707 9200 0 i Certified Mail Mr. Evans Page Two As required by 15A NCAC 58.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. incerely, udith A. Wehner Assistant State Mining Specialist Enclosures: Pages 1 & 18 cc; Mr. Dan Sams, PE Wehner, Judy From: Brown, Creighton A Sent: Wednesday, April 12, 2017 2:47 PM To: Wehner, Judy Subject: AVS Mine (10-10) Review Judy, It appears silt fence has been re -installed at the AVS Mine (Permit # 10-10) as requested. Please let me know if you need anything else. Thanks Creighton Brown Environmental Specialist Land Quality Section Division of Energy, Mineral, & Land Resources Department of Environmental Quality 910.796.7230 office Creighton, brown (ftedenr.gov 127 Cardinal Dr. Extension Wilmington, NC 28405 "'"Nothinq Corn�)ar'es Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third pasties. e 0 0 MINING CHECKLIST FOR ROUTING Applicant's Name: _ 0ji, r{�. t � 'l ' ' ' _ ProjeetName: Applic./Permit No: ( - County: `s'?,! 'i ,'.r°.,- Date Received: !� rs Reviewer: ' ' River Basin Name: ❑ New lkRenewal ❑ ❑ Modification (outside t boundaries) ❑ ❑ Partial Release Additional Information ❑ Modification (inside permit boundaries) Transfer ❑ Release Fee Needed s ❑ Fee Received: $ Please routj entire application package to, Regional Office (z mglete copies; attach the "LQS Regional Dffiu Miring Application Revim Checklist" to one copy Jnd attach both the DAQpnd DWR "Mining Application Revues Form" to the other a", send both copies to the Regional Engineer) Date: Routed 4l Reed El Division of Water Resources Date: Routed Reed ❑ NC Wildlife Resources Commission Date: Routed Reed ❑ US Fish & Wildlife Service Date: Routed Reed (Only new applications and sWiftcation requests that add land to the permit) Please routefirst 3 pges of the application and any location Vp to: ❑ Division of Parks & Recreation Date: Routed Reed ❑ NC Geological Survey Section Date: Routed Reed ❑ Division of Marine Fisheries Date: Routed Reed ❑ Division of Soil a Water Conservation (plus LEA) Date: Routed Reed (Only new applications and modifications requests that add kid to the permit) ❑ Division of Archives a History (Only new applicants) ❑ other: Date: Routed Reed Date: Routed Rec'd i Suspense Date for Comments: `1 (no later than s; days from receipt) ❑ Please note the following: M r� APPLICATION FOR A MINIlNWER.MI'T 0 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A. MINING PERMIT (PLEASE PRINT OR TYPE) Name of Mine _U S_ p _/i e ----- County River Basin L U 6 t r Latitude (decirnal degrees to four places) Longitude (decimal degrees to four places) -5 lhV3''Iji',;r I Name of Applicant*� /1 3 . Permanent address for receipt of official mail* * _-- _YS 77 1. j Telephone f 7/0).-"� _ .. __...�_ ..]tsrnate �Ia. IU -�_ --- 4. Mine Office Address_ c 3 CAS ! e 14 Cfu 1j /V 1-,:5 ,L Telephone ('l !o 5. Mine Manager 4�2 % f l:: %Al .1--- We hereby certify that all details contained in this Permit Application are true and correct to the best of oar knowledge. We fully understand that any willful misrepresentation of facts will he cause :For permit revocation. *"Signature Print Name �j' v C Title d 44c Ae r Date ..._A kz ----- Uds will be the name that the mining permit will bc, issued to and the name that must be indicated on the reclamation bons cirriW that corresponds to thi<; site. -- - - * * The Land Quality Section must be notified of any changes in the permanent address or telephone nwnber. * * * 8igrnature of company officer required. G. S. 74-5 l provides that the Department shall grant or deny as application for a permit within 60 days of receipt of 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 MININWERMIT . 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 cany out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. "MEW 1T&L,K104' Signature:`'— �j Print Name; f/ _.. t' f✓,G , c� �%/ (Title, if applicable) Company (If applicable) Address:.. S3 its /C �/ 7'r . J w Sv 'Telephone: (7/47 ) rV- 63 ?�/ Date Signed: 14 - r-/ ,6 _ APPLICANT: Signature:* PrintNanie: Title: Gv✓d e ,- Company: Mine Name. A V S /4 i' N e Telephone: Date Signed: Z49 - 8--/ --_-- *Signature must be the same as the individual who signed Page 1 of this application. or money ( sent to the firm. essmg zee tsee next page Tor Reschedule) in the farm a check apartment of Environment and Natural Resources must be at the address listed on the front cover of this application Inquiries regarding the statics of the review of this application should be directed to the Mining Program staff at (919) 707-9220. 0 0 AWS6 MINE 553 Wesley Trail SW Supply, NC 28462 Office: 910-755-62791Cel l: 910-209-1276 Email: oeevans@atmc.net 1018I2016 f <. Regarding dewatering we have a zoeller 295 submersible pump on a floating dock with a float switch. The 295 pump will pump 150 gallons per. Min. at 25' of head my pump runs aprox 28 min. two times a day for a total of aprox 8500 gallons per. Day discharge. The pump is piped with 3" pvc to sediment pond (Old Pit on mine map) witch is the discharge point. Sincerely, Ottrue Evans 0 r w 29G Si:i It,., Yorker Pump %-'Umpaljy 1It#p:!j%,,ww. Zoe 1€erlli1moti.cC)PL`en-imiprod r:.U8`-290-senes#tec11 r;c;r!-chit 0 t0 r [ Est? *�t�Am�a;Erg,.,- Sewage, Dewatering(/en-naicateaoW2-sewage-and-dewaterina) High Head Waste -Mate 290 Series Single and double sea ::::.: ,.,. ewage or -_.:.: :::.....000 ... PERFORMANCEPUMP MODEL ■ �■ Win■ ��■ -09m MRJR■■■■■■■■ ■1`'�� ■■ '`�miam■i NO■■■■■■■■ MEa► �■ W�■■wh%���!■■■■■■ rim JUS■■■■■ ■■ MEN MEN 9.%-6 ■ ■ ■ ■■■�. ■■`\■IME ■■ ■■■■■ m■■■�■ i' C &7 1k, Zl0 319 40 4 Aw k 6ec 40 VD WIF,,lsa Nlo=t 292I4292, 29314293. 294l4294, 29,V4295c 50 W, . --....---. . _ at 14 e4L-� 8i , 7i201 b 9� € 7 PM 0 0 -f -- k • FAT MCCRORY Governor 6 DONALD R. VAN DER VAART Secretary Energy, Mlneral andLand:Resources TRACY DAVIS 1=NVIR0NMENTAL QUALITY Director September 20, 2016 Certified Mail Return Receipt Reguested 7015 0640 0007 9832 8631 Mr. 4ttrue E Evans, Jr. 553 Wesley Trail SW Supply, North Carolina 28462 RE: AVS Mine Mining Permit No. 10-10 Brunswick County Lumber River Basin Dear Mr, Evans: We have reviewed the renewal request you submitted for the referenced mine site. In order for this office to complete Its review of the referenced project in accordance with GS 74- 50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: �. Properly complete the enclosed page 1 and page 18 of the application and return the originally signed pages to this office. Please note that the applicant on line 2 of page 1 and Applicant of page 18 must be the same as the current permittee, 4ttrue E. Evans, Jr. Provide a cross section of the final reclamation of the site. 4. Provide more detail regarding dewatering activities including where the water will be pumped, discharge point, pump used, capacity of pump, hours of operation, etc. Provide a construction detail for the outlet. 5. A field inspection has revealed silt fence needs to be installed at the site and the permit boundary must be permanently marked in the field. Provide proof that these measures have been installed. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note this office may request additional information, not included in this letter, as the mining application review progresses. State of Nadu Carolina I Environmental Quality j Faergy, Mineral and Land Resources 1612 Mail Service Center 1 512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T 0 • 1 1 Certified Mail Mr. Evans Page Two In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. ,S49cerely, �—*� ) Judith A. Wehner Assistant State Mining Specialist Enclosures: Pages 1 & 18 cc: Mr, Dan Sams, PE ilp 0 0 9 Wehner, Judy From: Sent: Cc: Subject: Attachments: Here are Creighton`s comments. James, Trentt Monday, September 19, 2016 3:11 PM Wehner, Judy Sams, Dan; Miller, Carol 10-10 Comments D00091916-09192016150841.pdf Trentt James Environmental Senior Specialist Land Quality Section Division of Energy, Mineral, & Land Resources Department of Environmental Quality 910.796.7305 office trentt.james@ncdenr.gov 127 Cardinal Dr. Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: NCDEQ - Wilmington Regional Office Scanner ANNEX [mailto:DoNotReply@ncdenr.gov] Sent: Monday, September 19, 2016 3:09 PM To: James, Trentt <trentt.james@ncdenr.gov> Subject: Send data from Annex 09/19/2016 15:08 Scanned from Annex Date:09/19/2016 15:08 Pages:4 Resolution:200x200 DPI HAVE A GREAT DAYIII 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. 1 0 ............. ....... ................ LANE? WUA.Li 1 Y Sf:( I IU►v Hf:UIUl1 AL UkPlUi: MININWPPLICATION REVIEW CHECKLIO \PPLICATION/PERMIT NO.: jp_ l ACTION: New Modification CenDewa Transfer Release \PPLICANT NAME: - 0& . VO-VL5 MINE NAME: AV5 Kyy- COUNTY: Eyw-, ick kdministrative Issues: �. Is the site currently under NOV? Yes (VExplain: 3. Is an NPDES permit needed?(I�e No Explain: Is an NPDES permitting existing? No Explain: ). Is an 0 & M Plan needed? es No Explain: _.Jz,+ .pr�v,,d- A "ield Issues: k, Are potential wetlands and watercourses properly indicated on the Mine Map? geNo Explain: Are the proposed buffer zones adequate? 'Ye� No Explain: Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated. Ye No Explain: Do all water supply wells within 500 feet of the mine excavation appear to be indicated? Yes No Explain: Is visual screening needed? Yes /16) Explain: Are the proposed erosi .and sedimentation control measures properly located to prevent offsite sedimentation? Yes '� Explain. , )v a, M- -Fex,.ee__ vis%bic_. Is the proposed revegetationlreclamation plan acceptable? Yes No Explain: Date inspected: 0 /1 /1 rosion and Sedimentation Control Plan Review: is the responsibility of the Regional Office staff to verify the adequacy of the E&S measures. Please provide ny concerns or comments: S ether Comments: tho was the application routed to and when?: ivision of Air Quality: ivision of Water Resources (Surface Water Protection Section): ther: spector/Reviewer's Name: .................... "V\- M Date: Date: Date: 9 1 , w Dec 2006 0 • Print this form to POP Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permtttee. MINING PEROT APPLICATION REV&V FORM for the DIVISION OF WATER RESOURCES j Project Name DEMLR Permit # 10-10 PERMIT ACTION TYPE: Renewal Fc County: Brunswick Applicant's Email: nla YES NO Date Commencing Have land disturbing activities started? Date? I'' { Fc Latitud-33.9867 Longitude:-78.3246 Please return comments to (at DEMLR CO): Judy Wehner Comments due b : September 16, 2016 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:,rj�,, DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR hack fees to pay? If yes, amount: Is this mine an active permit in RIMS? RRv Spnlamhar gni n • 9 Print this form to PDF Return PDF of this form to Dr+MLR CC by email, cc DFMLR RO, DWR SPU. Send a copy to the permittee. Stream Determination Needed? t t I Out }n�991i1V x R ,hO4�M� '1 �� $ l �d + s 4na T,� .. Does DWR RO need a statement that no wetlands/streams are disturbed 14 for this project from applicant? Buffer Determination Completed? I._ t C✓� m°�r�itlr#g? Vq sPe rmit #' C New Recycle System permit required?* Enough Information to determine? �I��q�I�di�sG��¢r��� `eirrXr�t existing? r�cl�errri�t #� I�� _ Will wastewaters discharge to HOW waters I l with a 7Q10=07 r,CJnknown. i- (7Q10 Permittee Flow: must determine. t Has:Utolation t78�M Requirelrignts. 3ruti, • , t I ui efi,:R� Mold the Pay ,k�eck fees ai•-renew; Sjp r, ����I f,thelr Qr I eIri2nfprratlon}? eater, k PI a0Tdd:;cl'i er4 l t`easor� to � ' f hold they perr. . iVo1lk�fel* i Mine must wait to dewater until an O&M plan is F- I r approved? Reviewed by: DWR RO Surface Water: 04-x• Regional Office: Vi P-' Dater%i RO Aquifer Protection Section: Regional Office: Date: Rau SanfPmhpr gnin 0 • MINING PERMIT APPLICATION REVIEW FORM for DIVISION OF AIR QUALITY Cr * * Due Date for Comments Back to Land (duality Will the operation, as proposed, vialate standards of air quality?_ (-nrnrnvr)rc YES Air perrTlit required Air perrnit existing Other Comments: lei (Permit Reviewed fay:��� ^-L!LDate- Print Name: — -. lJ-e A ►n Coir v-o 1I 1012000 NO • PAT MCCRORY • r DONALD R. VAN DER. VA 5. JAY ZIMMERMAN Water Resources t NVIRONMEW AL QUALITY ... . September 15, 2016 MEMORANDUM TO: Ms. Judy Wehner Land Quality Section FROM: Michael Bauer Ground Water Management Branch Division of Water Resources SUBJECT: Comments on the Mining Permit Renewal Request for: Ottrue Evans AVS Mine Brunswick County SEP 15 2016 t Please find attached a copy of the mining permit renewal request for the above referenced project. The AVS Mine located in Brunswick County does not appear to have an unduly adverse effect on ground water supplies since dewatering proposed on site is less than 100,000 gallons per day. However, if the mine starts to withdraw 100,000 gpd of water, they will need to register their water withdrawals with the Division of Water Resources on an annual basis. The registration form may be obtained from the following link: http://www.ncwatc,r.org/Periiiits and_Registration/Watel•_Witlidrawal_aiid_Transfer_Registration. Facilities are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statute requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statue also requires transfers of I00,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April 1 for the previous year. If you have further questions regarding the water withdrawal registration please contact John Barr with the Division of Water Resources at (919) 707-9021 or email him atjohn.barr@ncdenr.gov. State of North Carolina ; Environmental Quality I Water Rewurces 1611 Mail service Center [ Raleigh, North Carolina 27699-1611 919 707 9000 0 i Energy, Mineral and Land Resources 6NVIRONMNNTAL QUALITY MEMORANDUM 0 0 August 25, 2016 TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harr' b Mining Progra retary Land Quality Section SUBJECT: Mining Permit Renewal for Ottrue Evans AVS Mine Brunswick County ❑X Mine Dewatering Proposed PAT MCCRORY Goremor DONALD R. VAN DER VAART Secretaty TRACY DAVIS L)irector I:1 No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by September 16, 2016 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE, Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibm h Attachments '" Y Cc: Mr. Dan Sams` State of North Carolina j Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY ef.Ik,.0-a-21.01 MEMORANDUM 0 PAT MCCRORY GDvemor � � r i4' ALD R. VAN DER VAART SEP M: E� August 25, 2016 TO: Ms. Maria Dunn Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris fi�jo Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Ottrue Evans AVS Mine Brunswick County Secretary TRACY DAVIS Director Please find attached for your review a copy of the mining permit renewal request for the above Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2). Please respond by September 16, 2016 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these types is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmha Attachments cc: Mr. Dan Sams S 31 z�l State of North Carolina j Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 N. Salisbury Si. I Raleigh, NC 27699 919 707 9200 T 0 0 MINING CHECKLIST FOR ROUTING Applicant's Name: VA a PrgectName: /€ V-s" Applie./ Permit No: County: JAA .M 2z�ate Received: Reviewer. ntA'ju River Basin Name: ❑ New Renewal ❑ ❑ Modification (outside permit boundaries) ❑ ❑ Partial Release ❑ Additional Information ❑ PWWro,te entire applica6op package to : Modification (inside permit boundaries) Transfer ❑ blease J Fee Needed: s krFee Received: s 17 f' O e ( amlfe wpir4 atath die "LQS Regional Offwe Mining Applieat itm Review Chodrlict" to one ropy and hotl fire DAF D WR " 'ng Applicaimt Review Form" to die other copy; xnd both aopiea to the Regional Engineer) Date: Routed--7 -------- -7-Rec'd Division of Water Resources Date: Routed Rec'd NC Wildlife Resources Commission Date: Routed--- Ree'd r' ❑ US Fish e Wildlife Service Date: Routed Reed (Dnly new applications and ma&fication requests that add land to the permit) Please route first 3 pages of the application and any location maps to: ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NC Geological Survey Section Date: Routed Rec'd ❑ Division of Marine Fisheries Date: Routed Rec'd ❑ Division of Soil & Water Conservation (plus LEA) Date: Routed Reed (Daly new applications and modifications requests that add land to the permit) ❑ Division of Archives & History Date: Routed Ree'd (may new apples) ❑ Otter: Date; Routed Reed Suspense Date f of Comments: t f (no later than 25 days from receipt) ❑ Please note the fallowing. k/ 0 • PAT MCCRORY Governor Y+ DONALD R. VAN DER VAART secrerwy Energy, Mineral and Land Resources TRACY DAVIS ENVIRONMENTAL DUALITY Director August 25, 2016 MEMORANDUM TO: Ms. Maria Dunn Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris 6;�b Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Ottrue Evans AVS Mine Brunswick County Please find attached for your review a copy of the mining permit renewal request for the above Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2). Please respond by September 16, 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 APPLICAT10bi MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO Tjj1S OFFICE. Your continued cooperation in the review of these types is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bm h Attachments cc: Mr. Dan Sams State of North Carolina I Environmental Quality I Energy, Mineral and Land Reaources 1612 Mail Service Center 1 512 N. Salisbury St. f Raleigh, NC 27699 9l 9 707 9200 T CJ i Energy, Mineral and Land Resources August 25 2016 ENVIRONMENTAL QUALITY 1J iL•ATI ► a II, TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harr' Mining Progra etary Land Quality Section SUBJECT: Mining Permit Renewal for Ottrue Evans AVS Mine Brunswick County © Mine Dewatering Proposed 0 PAT MCCRORY GovemDr DONALD R. VAN DER VAART Secretary TRACY DAVIS ❑ No Mine Dewatering Proposed Director Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on,wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by September 16, 2016 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient.date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bm h Attachments Cc: Mr. Dan Sams State of North Carolura I Environmental Quality I Energy. Mineral and Land Resources 1612 Mail Service Center J 512 N. Salisbury St, I Raleigh, NC 27699 919 707 9200 T 0 0 0 • Wehner, iud From: Miller, Carol Sent: Wednesday, August 24, 2016 9:56 AM To: Wehner, Judy Subject: RE: Bond Cancellation Notice - Wilson Mube We are on it. From: Wehner, Judy Sent: Wednesday, August 24, 2016 9:55 AM To: Sams, Dan <dan.sams@ncdenr.gov>; Miller, Carol <carol.miller@ncdenr.gov> Cc: Boyer, Janet <janet.boyer@ncdenr,gov>; Vinson, Toby <toby.vinson@ncdenr.gov> Subject: Bond Cancellation Notice - Wilson Mube We have received another bond cancellation notice for the Wilson Mine in Brunswick County. Please see that the site is inspected within 5 days and list all of the outstanding reclamation on the MIR. Please see the pictures and MIR are uploaded to (BEAM. Thanks. z • 0 Wehner, Judy From: Riddle, Shawna Sent: Tuesday, August 23, 2016 10:41 AM To: Wehner, Judy Subject: Comments for Toms Creek Quarry #56-34 Judy -- Did an inspection of the quarry yesterday. The maps submitted are sufficient. Site is as shown on the plans. They do have some maintenance issues to take care of — I spoke to Greg and told him what to fix. They had a stormwater permit that expired in 2009. They did get a renewal in 2015. No one from water went there after 2007. 1 instructed him to start sampling and to develop a SPPP for the site. None of these issues should keep them from having the permit reissued. I will re -inspect in 6 months. If you have questions — please call me. Thanks— Shawna Shawna Riddle Environmental Senior Specialist Land Quality Section N. C. Dept of Environmental Quality 828 296-4500 Phone 828 299-7043 Fax Shawna. Riddlea-ncdenr.gov 2090 US Hwy 70 Swannanoa, NC 28778 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 0 Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. MINING PERT APPLICATION REAW FORM for the DIVISION OF WATER RESOURCES Project Name DEMLR Permit # 10-10 PERMIT ACTION TYPE: Renewal YES County: Brunswick Applicant's Email: nla NO Date Commencing i__( F( Have land disturbing activities started? Date? ( F Latitud-33.9857 Longitude:-78.3246 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: September 16, 2016 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? RR%1 RentamhPr 9fN n • i Tt this form to PDF Retum PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permitte Stream Determination Needed? { [ Does DWR RO need a statement that no wetlandsistreams are disturbed F E E for this project from applicant? Buffer Determination Completed? E F- [ 17- � [ New Recycle System permit required?* r- F- E Enough information to determine? [ (Unknown. Will wastewaters discharge to HOW waters F- E F- [7Q1O Permittee with a 7010=0? Flow: must determine. Mine must wait to dewater until an O&M plan is F- E F- [ approved? Reviewed by: DWR RO Surface Water: Regional Office: Date: RO Aquifer Protection Section: Regional Office: Date: Rau RAntamhwr 9nin i 11 Wehner, Judy From: Wehner, Judy Sent: Wednesday, August 24, 201610:28 AM To: Gregson, Jim Cc: Sams, Dan; Miller, Carol Subject: 10-10 DWR REVIEW SHEET 2013 Attachments: 10-10 DWR REVIEW SHEET 2013.doc Here's the review sheet for the renewal of the Evans Mine in Brunswick County. .r Page 1 of 2 Ottrue From: <admin@ncdenr.gov> To: <oeevans@atmc.net> Sent: Monday, October 26, 2015 7:15 PM Subject: Confirmation for Renewal of DEMLR Stormwater NPDES General Permit ** Do not reply to this e-mail as it is from an unmonitored mailbox. ** Thanks for renewing your permit using our online option. No further action is necessary. The new General Permit is available for printing from our website at http://portal.ncdenr.org/web/ir/stormwater. If you have questions, please contact Bethany Georgoulias at bethany.georgoulias@ncdenr.gov, phone (919) 807-6372, or Bradley Bennett at bradley.bennett@ncdenr.gov. phone (9I9) 807-6378. If you forgot to print your Certificate of Coverage (COC), you can resubmit the data and print another copy. This COC is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated October 15, 2007 (or as subsequently amended.) The General Permit authorizes discharges of storm water/wastewate r and specifies your obligations for discharge controls, management, monitoring, reporting, and record keeping. Please review the new permit to familiarize yourself with all of the changes. Parts V and VI contain the Standard Conditions, including Compliance and Liability; Reporting, Monitoring and Records requirements; Operation and Maintenance obligations; and Definitions. Your facility has six months from receipt of the COC to update its Stormwater Pollution Prevention Plan (SPPP) to comply with changes in SPPP requirements. Other changes are effective immediately. Please note that Tier 3 Actions (if applicable) are triggered by four benchmark exceedances beginning on the effective date of the renewal permit and do not count prior exceedances. Please visit our website above to review the new General Permit carefully. Your coverage under the General Permit is transferable only through the specific action of DEMLR. This permit does not affect the legal requirements to obtain other permits which may be required by DEQ, nor does it relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. CONFIRMATION DETAILS RECEIVED Permit Number: Effective Date: Expiration Date: Organization Name: Facility Name: Admin Region: County Name: Regulated Activity: Receiving Stream Name: Receiving Stream Class: Basin: Facility Address: Facility City: NCG020692 10-01-2015 09-30-2020 Ottrue Evans AVS Mine - Supply AIII;232016 DENR-LAND QUALITY STORMWATER PERMITTING Wilmington Brunswick Mining Activities Stormwater Discharge COC Sharron Creek (Grissett Swamp) C;Sw,HQW Lumber 553 Wesley Trl SW Supply 8/17/2016 Mips: Ile bus.crescormanK.convtts( Cnl [y01lLtsl lynl.aaiix:w�rrivicaau���v—u��»� SAVINGS ACCOUNT XXXXXX4574: Account Information as of 08/17/2016 8:49 PM EST Account Information Average Available Balance Current Month: 6,678.68 Average Available Balance Previous Month: 6,678.68 Average Available Balance 2016: 6,676.70 Average Available Balance 2015: 6,670.96 Average Ledger Balance Current Month: 6,678.68 Average Ledger Balance Previous Month: 6,678.68 Average Ledger Balance 2016: 6,676.70 Average Ledger Balance 2015: 6,670.96 Last Deposit: 01/13/2015 7.00 Last Withdrawal: .00 Account Activity Current Balance: 6,678.68 Pending Transfers: .00+ Presentments: .00+ Anticipated Balance: _ 61678.68_ Ava illa ble Funds Current Balance: 6,678,68 Holds: .00 - Available Balance: 6,678.68 Pending Transfers: .00+ Presentments: .00+ Anticipated Available 6,678 68 Balance: Interest Information Current Interest Rate: .1000% Current Accrued Interest: .88 Last Interest: 06/30/2016 1.66 Interest Paid 2016: 3.32 Interest Paid 2015: 6.66 d i of I 8!17/2016 8:49 PM BankofAmerica'�0 PA Box t5284 Wilmington, DE 1.9850 lill'lull'lll'IIIII...III--III Ill ii1illllililoil ill1llllillilill AN 1 0 001 768 963 008208 #002 AV 0.391 OTTRUE ELLIS EVANS JR 553 WESLEY TRL SW SUPPLY, NC 28462-3177 Your Regular Savings for December 30, 2015 to March 29, 2016 OTfRUE ELLIS EVANS JR Beginning balance on December 30, 2015 Deposits and other additions Withdrawals and other subtractions Service fees Ending balance on March 29, 2016 Annual Percentage Yield Earned this statement period: 0.01%. Interest Paid Year To Date: $0.03. 51,035.16 0.03 -0.00 -0.00 $1,035.19 Customer service information I) Customer service: 1.800.432,1000 TDD/TTY users only: 1.800.288.4408 En Espanol: 1,800,688.6086 bankofamerica.com 0 Bank of America, N.A. P.O. Box 25118 Tampa, FL 33622-5118 Account number: Pull'. H CYCLE'. 23 SPEC. 0 dEUVERY'. P TYAE: IMAGE: A HC: NC Gasp i of A • NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 • 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) Name of Mine —A JL5 _,/+ i A c County - River Basin L &„Q b e r _W Latitude (decimal degrees to four places) S3 G 5 1 -923 N Longitude (decimal degrees to four places) 7 q v✓ 2. Name of Applicant*_ d2&--(yz�l��1Li_ 3. Permanent address for receipt of official mail Telephone O 7S^S- 6 Alternate No. (91v)G9- 4. Mine Office Address T-C"J T S c�v-- � 04) �(/C ,,�T�i'r- l� _ _ _ _ Telephone l q1L_.Z...� SS ` 6./- 2 5 5. Mine Manager_ n�,, r- �E)m/ys - - — -- 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 143~/ (0 _ - Print Name v j�: U� Title f'?Lv/1 C This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond {security that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. i APPLICATION FOR A MINING PERMIT i NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: If this is an application for RENEWAL of a mining permit. indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining. Permit No.: is -iy Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): -LZ755 ❑ 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 ves, indicate the acreage to be covered by this modification (this is the acreage that the "maior modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No ❑. If ves. indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no. a "minor modification" fee of $100.00 is required. despite the "undisturbed" acreage to be added). If yes. indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "maior modification" fee will be based upon):, ❑ If this is an application for TRANSFER of a mining permit. indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: �. Mining method: ❑ Hydraulic Dredge ❑ Front-end Loader & Truck❑ Shovel & Truck ❑ Dragline & Truck ❑ Self -loading Scraper Other (explain): vc- car +.G M APPLICATION FOR A MINING PERMIT i 4. a. Expected maximum depth of mine (feet) 4W A� _ Depth is relative to what benc4mark? (e.g.. natural ground level, mean sea level, road elevation, etc.) b. Expected average depth of mine (feet) . %e (; ? -e/7 5. Has any area(s) at this site been mined in the past? Yes R" No Z If yes. when and by whom was this activity conducted`' 6)_,;tL� 4jA'-,s _aid5 •sir i0_•1 U 6. Number of years for which the permit is requested (10 years maximum): 14�_ B. MAPS Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute — quadrangle and a county highway 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 http://aortal.ncdenr.or'��'ebr'lrreoloA�ical home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh. North Carolina 27610 (919) 212-6000 htta: \v\k'w.ticdot.org/it/gis/ Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following. at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. i/ n u APPLICATION FOR A MINING PERMIT f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. J. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record. both public and private. of all tracts of land that are adjoining the mining permit boundary, if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract. names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary. must be provided on the mine map. APPLICATION FOR A MINING PERMIT p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek. stream. river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts. that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Flighway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: I . Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres I inch = 50 feet 50-199 Acres 1 inch = I00 feet 200+ Acres I inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles. wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY Tailings/Sediment Ponds Stockpiles Wastepiles Processing Area/Haul Roads Mine Excavation Other (Explain) v fFt r Total Disturbed Acreage AFFECTED ACREAGE 1 .q e 5- ,4- C � � F 3,3c 3. �? NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BF,ING ADEQUATELY ADDRESSED ON THE MINE MAPS. EM APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES I. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map($). Attach additional sheets as needed. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control.for mine excavation(s), waste piles, access/mina roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine maps) and provide tvpical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. 5 ilk�t�LG � i'� S i-�1trc� wG� en &;'%,e 5 Sit.. t-ecl sn E e+ e; r t t �. ie a t' ... 7 e d i ,- e.. t- P b" U 3. a. Will the operation involve w hing the material mined. recycling process water, or other wastewater handling? Yes ❑ No 0. If yes. briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes 13 No V If yes, hriefy describe the nature of they discharge and locate all proposed discharge points (along with their method (?f stabili_ation) on your mine map(s). n a APPLICATION FOR A MINING PERMIT • c. Will any part of the proposed mine excavation(s) extend below the water table? Yes 25 No ❑. If yes, do you intend to dewater the excavation(s)9 Yes Rr No ❑. If yes, what impact, if any. will mine dewatering have on neighboring wells`? Estimated withdrawal rate in gallons per day: �S 00 . Locate all existing wells on the mine map(s) that lie within 300 feet of the prol.7osed 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. A2, r f 0 "le i l � vv,' t"� iA Sv u T{t Tk c-r S ¢-4 yJ 1FLIi 1 d. If you answered yes to any of the above questions. provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e.. non -discharge. NPDES, Stormwater, etc.) from the. Division off Water Quality. Water Quality Section. In addition, the applicant is required to regster water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit From the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100.000 gallons per day. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No EB' If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles. haul roads, etc.. be controlled? Q,'IY—' Al wit GPerL-�j'U/I bL) t- w—tCf -TrvC E W44eA .? v f" ,M v G A d t,' 6 f- Ace-Je.1 APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right- of-way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Shoe all buffer locations and widths on the mine map(a•). a�- i b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Shoff, all buffer locations and widths on the mine map(s). 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. 3-to r 5 rot' � APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine niap(s) for ali .Jill slopes (berms, vvastepiles, overhurden disposal areas, etc.). clearly, indicating the intender! side slope gradient, installation of any, benches and/or slope drains (with supporting design infinrmation) if needed, and the method of _final stabilization. f"-'7r.., 5 tE-b),/f`ZL--t+"U/) w'.11 h-C yfC_ s 5 c. 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 mop(s). 3 Tv d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross - .sections of the ,nine excavation clearly noting the angles of the cut slopes, widths of all scrfety benches and mina benches. and the expected maximum depth vf'the excavation. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public. commercial or industrial building from any mine excavation. Locate all such structures on the mina map rf lheY arc, within 300_feet gfan}l proposed excavation. A/v0,4 3u 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/crass-section and location of each type of barricade to he usea must he indicated on the mine map(.$). h Z_e- 6''4 t` S 5 u r~ u..' 11 U 5 c ec-1 e,:'/-t H,:�, U e /u t If a. 't- e /i -rf a G G APPLICATION FOR A MINING PERMIT 9. Are acid producin& minerals or soils present? Yes ❑ No Ml*" If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees. bushes or other vegetation, building berms or other measures. Show the location of all visual ,screening on the mine map(.$) and provide cross -sections through all proposed harms or proposed spacing, sizes and species,for tree plantings. Svfro�idc wvtd'5 r- Thy 5 7-i'.•- 11 f.3 /n rh'S h r�a-�c 5 b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? AI/ 0 11. Will explosives be used? Yes ❑ No C� If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures. more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structure(v) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents. or other chemical reagents be stored on -site? Yes ❑ No L! If yes. describe these materials, hoiv they will he stared and method of containment in case of spill. Indicate the location(s) of all storage.facilities on the mine map(s). v APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN l . Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition. design information, including typical cross -sections, of any permanent channels to be constructed as part of they reclamation plan and the location(v) of all permanent channels must be indicated on the reclamation map. ��,A k 3rol Sjvfrs is A F0-4e'r 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes L' No ❑. If yes, illustrate the location of*the hodr(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed bo y(s) of ,rater. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow- water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes 0`�No ❑. If yes, specify species. ')C:-SS — el !I' M l`ACI e�µT-Fi SLr 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of 'all permanent barricades must be shown on the reclamation map. L%1 ri r-C V v 0 • APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations ,for such areas must be provided on the reclamution map. S. a. Describe reclamation of processing facilities. stockpile areas. and on -site roadways. N-o frvCe 5 s,',41 -i�_c i, /�'t� f 5,o(5 fo c k,('tic, 5 �n Ge b. Will any on -site roadways be left as part of the reclamation? Yes ❑ No K. - Ifyes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site generated Haste 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 temporur'v and permanent refuse disposal areas must he clearly delineated on the mine map(.5•) and reclamation map, along with a list of items to be disposed in said areas. lV0 4'04 16�/"P'Ac,4ts, f.Mr>`�11 Tv,�k ,ln4-(11;,zz'!•/ d,, O t 4e/ iuG� r.�"5 tir r r v APPLICATION FOR AWNING PERMIT 7. Describe your plan for reti-egewion or other surface treatment of the affected areas. This plan must include recommendations, for.year-rosnd seedin&_, including the time of seeding and the amount and type of seed, fersilizer, lime and mulch± per acre. The recommendations must include general seeding instructions fos- permanent revegetation and, if necessary, ternporary revegetation.. Revegetatinn utilising only tree plantings is not acceptable. Rewmmendatiars 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 Nortb Carolina Cooperative Extension Service, ssppecialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State Un:versity; d. North Carolina licensnd landscape architecu; e. Private cor►sul ink 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 Depar*ment.. LIME - RATE OF APPLICATION (tons/awre): Z e6o 11 /,Ac 09 .4 so, / Amo-- )k'ERTILI7ER - ANALYSIS AND RATE OF APPLICATION(pounds/acre): SEED - TYPEtS) AND RATE(S) OF APPLICATION ?NCLUDING YEAR-ROUND SEEDING SCHEDULE Grounds/acre): (NO;ff Include Legumes] Seed Zwa; Seeding Dates Seeding Hatm: "let. ,� �rrj, A0&r, A- "r m 1,0,,T* ,V; ,,,�, /,bird C�..r•, �L>� , �.. st�.� l 1.:., ,4p„ ! A- S., /Y 5b A, 11 15, sr. is Rye (4,� c�4. Z, -- .94. Is- I Za A4. MULCH - TYPE AND RATE r)F APPLICATION ATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLLTJING SEEDING SCHEDULE (poundslacre, trees/acre, spacing o trees/shrubs, etc): Revegetation and/or reforestation plan approvea by'. Sianature Date Print Name Title Agency -14- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of S500 to S5,000 per affected acre) for• each permitted mine site based upon the acreage approved by the De,partment to be affected during the life of the raining permit. Please insert the _. apAroe rA ►441 costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: �, Ac. X $ 00 /Ac. _ $ S vO ` J Stockpiles: Ac. X $ G /Ac. — $ Lf 5y, C Wastepiles: eO Ac. X $ /Ac. — $ r Processing Area/Haul Roads: O S� Ac. X $ L1 U /Ac. _ $ D, / Mine Excavation: 3, '-1 7 Ac. X $0C2 /Ac. _ $ Other: u J,f�e r q(:2 Ac. X $ /Ac. _ $ ✓ TOTAL AFFECTED AC.: S" Ac. (TOTAL PERMITTED AC.: Z Ac.) Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 16,75 Ac b) Positive Drainage Inflation Factor: Ac. X S 1.500.00 = $ L • SUBTOTAL COST: $ �, 3 13 0.02 X SUBTOTAL COST: $ 31 L X Permit Life (1 to 10 years): j O y r S . INFLATION COST: $ i, -6 E G TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 75 %S` 4. U Total Reclamation Bond Cost: S 7 5 O (round down to the nearest $100.00) 0 • 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. 74-5b. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: Signature: Print Name:1% #rV, EV11Vy (Title, if applicable) Company (if applicable Address: ��-.� w rs i ley Try.' ! j "., d I IF Telephone: (q jo) 7 SL� - E 3rl Date Signed: Z43 -/ APPLICANT: Signature:* /✓� <�6s� Print Name: Title: Gswl e-/- Company: Z-114AIS [)LIM 9 T1 116Sr! ✓�' c Mine Name: Z U � zn "', e Telephone: (elto )_, 1- 4 26 Date Signed: 7 - 3 / *Signature must be the same as the individual who signed Page 1 of this application. maps and reclamation maps, and the appropriate processing fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form, Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at .11 APPLICATION FOR A MINIVPERMIT is MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit, a major permit modification or a renewa 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 2b+acres $5,000.00 $1,000.00 $1,000.00 $100.00 " .A nonrefundable s100.00 permit application processing fee is required for minor permit modifications. Nlinor permit modifications include ownership transfers name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to permitted area, outside of the minimum permit buffer zone requirements. where no plans for mining related disturbance of the added lands have been approved. :\I other changes are considered major permit modifications. Acres for new permits and renewal permits means the total acreage at the site. .acres for major modification of permits means that area of land affected by tht modification within the permitted mine area, or and additional land that is to be disturbed and added to an existimp permitted area, or both. _23 - APPLICATION FOR A MININ PERMIT 0 SCHEDULE OF RECLAMATION COSTS (Based upon range of $500 -. S5,000 per affected acre) COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone. Borrow = Borrow/fill dirt, CS = Crushee Stone, DS = Dimension Stone, FS = Feldspar. MI = Mica. LI = Lithium. PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite. PH = Phosphate. CL = Clay/Shale, PE = Peat, AU = Gold. TI = Titanium, and OT = Other Type _ T/S Ponds S.niles __. _ W.piles P.area/H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, DS. 500(L) 1800 2000 2000 500(L) FS, MI, 1500(FI) 2500(PD) LI, PF, OL, KY P14 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL I000(L) 2500 5000 5000 2000(L.) 2500(FI) 3700(PD) PE, AU, I000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetaring AS PER NCAC 15A 58.0003, 1F YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) • MULCH AND ANCHORING COSTS PER ACRE + ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. -26- N. C. DEPARTMENT OF TPA NSPORTA7iC N f N it O o -2 r. �40 m 13 v) 'P E z LJ 51 In > it IF, > p TA I- n -in LJ fZ j� u fa " O 6- r� , i +^'► ems, ff 4��- LA LA oa (JIQ- r ` 1 1112, North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME AVS Mine 2. MINING PERMIT # 10-10 3. OPERATOR Ottrue Evans 4. COUNTY Brunswick 5. ADDRESS _ 553 Wesley Trail SW Supper NC 28_462_ _ 6. PERMIT EXPIRATION DATE 09/14/201.6 7. RIVER BASIN Lumber 8. Person(s) contacted at site None 9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ® Yes ❑ No 11. Date last inspected: 11/2/2011 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No If no, explain: 3A: Sufficient buffer(min 50' undisturbed, especially along the wetland area located along the eastern2ermit boundary shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland. if the buffer has been disturbed it must immediately be reestablished. 4C The existing sediment basin shall be repaired, maintained, and utilized during dewatering activities to prevent sediment from being pumped directly into the natural stream leaving the site. 5 A11 affected areas boundaries shall be permanently marked at the site on 100 ft intervals. 9 Sufficient buffer shall be maintained between any excavation and any mining ermit boundary to protect adjacent property. I I -Submit an annual reclamation report immediately. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? � ❑ Yes ® No If no, explain, RC 4 Reclamation shall be conducted simultaneously with mining to the extent feasible. any event, reclamation shall be initiated as soon as feasible after completion or termination of any mine segment under permit. Final reclamation, including revegetation shall be completed within two years of completion or termination of mining. In 15. Did any of the above deficiencies result in offsite damage? ® Yes ❑ No If yes, describe the type and severity of the damage: Old pond breach filled to repair breach. 16. Corrective measures needed and/or taken: Submit a plan modification detailing the basin details. The basin should show a methid of dewatering (outlet structure) and sizing. Please consult with ACE considering the adjacent stream. Show elevations of the mine area of current excavation and proposed final slopes. Delinate mine boundary. Submit reclamation form. The breach repair should have some sort of outlet structure. Install as a temporary measure two or three 12" pipes situated above the high water line of the receiving watercourse. This will need to be engineered in the modification. Stabilize disturbed areas with matting and seed. LN 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +1- map accurate? ❑ Yes ® No (Explain) ❑ Not Reviewed Not received. 19. Follow-up inspection needed? ® Yes ❑ No Proposed date 03/15/201 20. No. of additional pages of Inspection Report 0 . 21. INSPECTED BY: Brian Lambe Telephone No: 910-796-7314 Copy to file Copy to operator f EB `z 1' Z0Az Copy of Report sent to operator 2/22/2012 DATE _ 02/14/2012 Ij,'V40 Q`Jr�,Uly ktir,41;1I'G PROGRW Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME AVS Mine RECEIVED 2. MINING PERMIT # 10-10 f� 3. OPERATOR Ottrue Evans Jr. 4. COUNTY Brunswick NOV 0 9 7011 5. ADDRESS 553 Wesley Trail SW, Supply, NC 28462 6. PERMIT EXPIRATION DATE 09/14/2016 7. RIVER BASIN Lumber LAND QUALITY SECTION 8. Person(s) contacted at site Ottrue Evans 9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ❑ Yes ® No 11. Date last inspected Unknown7/14/09_ 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No If no, explain: 3A-Sufficient buffer (minimum of 50'undisturbed, especially along the wetland area located along the eastern permit boundary) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway of wetland. If the buffer has been disturbed, it must immediately be reestablished. 4A-Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt retarding structure, 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. 4C-The existing sediment basin shall be repaired, maintained and utilized during dewatering activities to prevent sediment from being pumped directly into the natural stream leaving the site. 4D-Dewatering shall be limited to pit outlined in green on the attached map. Said area is the "Old Pit" located adjacent to the south of the "AVS Mine" as indicated on the map received by the Land Quality Section on June 20, 2006. In addition, the pipe inlet shall be suspended above the bottom at all time during dewatering. 5-All affected areas boundaries shall be permanently marked at the site on 100 ft intervals unless line of site allows for larger spacing. 9-Sufficient buffer (min 25' undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. I I -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. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ® No If yes, describe the type and severity of the damage: Any damage due to improper dewatering was not observed. 16. Corrective measures needed and/or taken: Submit permit modification detailing the basin details. The basin should show a method of dewatering (outlet structure) and sizing. Please consult with the Army Corps of Engineers considering the adjacent stream. Show elevations of the mine area of current excavation and proposed (final) slopes. Delineate mine boundary area. Submit enclosed Annual Reclamation Form. 7. Other recommendations and comments: Submit permit modification within 60 days. 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ® No (Explain) ❑ Not Reviewed No report submitted. 19. Follow-up inspection needed? ® Yes ❑ No 20. No. of additional pages of Inspection Report 0 . INSPECTED BY: Brian Lamb9l NATE I1/2/2011 Telephone No: 919-796-7314 Copy to file Copy to operator Cc: Chad Coburn, DWQ Proposed date First week of 2012 21. Copy of Report sent to operator] 1/3/2011 Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) AVS Mine ' t 10-10 1. MINE NAME 2. MINING PERMIT #. ... ... 3. OPERATOR Ottr 1e Evans 4. COUNTY Brunswick esley ra, 28462 5. ADDRESS 553WTilSW _Supply._.�.......�_NC_,_ .._.__.....�...... -._...-.._.. .. __ 7. G. PERMIT EXPIRATION DATE ._. 9/14/201RIVER BASIN [6,_ V Y „ , S. Person(s) contacted at site . No one on site 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ® Yes ❑ No 2/26/2008 11. Date last inspected 42. Any mining since last inspection? ❑ Yes ® No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No If no, explain: OC#3A: Sufficient buffer( minimum fifty feet undisturbed, especially along the wetland areas located along the eastern permit boundary) 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. If the buffer has been disturbed, it must q barriers including but not limited to diversions, immediately be reestablished. OC#4A: Adequate mechanical earthen dikes, silt check darns, silt retarding structures, rip_ rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to_prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity�to the affected „land. OC#4C„The existing sediment basin shall be repaired, maintained and utilized during dewaterin activities to prevent sediment from being pumped directly into the natural stream leaving the site. OC#4D Dewatering_ shall be limited to pit p "_ l the "AVS outlined in green on the attached map. area is the Old Pit located adjacent the south of .,_.._ Mine" as indicated on the map received by the Land Qualfty Section on June 20 2006. In addition the pie inlet shall be suspended above the bottom at all times during dewatering. OC#5 All affected area boundaries (6.75 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacin&.intervals. OC#9: Sufficient buffer (minimum of 25 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. OC411 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_ 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ® Yes ❑ No If yes, describe the type and severity of the damage: Off site sedimentation due to improper dewatering. 16. Corrective measures needed and/or taken: Dewatering basin must be repaired so that sedimentation does not occur when dewatering is in process. Buffer width of 25ft. must remain unexcavated. All mining boundaries must be clearly marked. Dewatering should adhere to specified conditions stated in the mining permit. 17. Other recommendations and comments: Follow up inspection will be conducted. 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed 19. Follow-up inspection needed? ® Yes ❑ No Proposed date 20. No. of additional pages of Inspection Report 0. 21. Copy of Report sent to operator FyLn9 INSPECTED BY: Nicholas Mills DATE F7/14/09 Telephone No: 910-796-7230 Copy to file Copy to operator�� Copy to Mining Specialist RECEIVED JUL %31949 AL1TY September 18, 2006 MEMORANDUM TO: File FROM: Brenda M. Harris, Secretary SUBJECT: Notice of Issuance of Mining Permit A copy of the attached "Notice of Issuance of Mining Permit" was sent to all people listed in the Affidavit of Notification and any additional people who sent in letters. If a public hearing was held, a copy of the "Notice of Issuance of Mining Permit" was sent to all people who signed the sign in sheet at the public hearing. My initials, written in red, will be beside the names of the people in the file who were sent this "Notice". Cc: Mr. Dan Sams y;A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section ,lames D. Simons, PG, PE Director and State Geologist September 14, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 0500 0002 0451 9897 Mr. Ottrue E. Evans, Jr. 553 Wesley Trail SW Supply, NC 28462 RE: Permit No. 10-10 AVS Mine Brunswick County Lumber River Basin Dear Mr. Evans: Michael F. Easley, Governor William G. Ross Jr., Secretary Your application for renewal and modification of the above referenced mining permit has been approved. The modification is to increase both the permitted and affected acreage at this site to 6.75 acres. This modification includes the addition of 4.95 acres to be affected for both the mine excavation area and the haul road to the state maintained road. A copy of the renewed and modified permit is enclosed. The new expiration date is September 14, 2016. The conditions in the renewed and modified permit were based primarily upon the initial application. Modifications were made as indicated by the renewal and modification requests and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 1 B, 4D, 5, 9, and 13. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. 1612 Mail Service Center, Raleigh, North Carolina 27.699-1612-919-733-4574 I FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Mr. Evans AVS Mine #10-10 Page 2 As a reminder, your permitted acreage and affected acreage for this site are both 6.75 acres as indicated on the mine map received by the Land Quality Section on June 20, 2006. Please review the renewed and modified permit and contact Ms. Kristin Hicklin, Assistant State Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincerely, Floyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRW/kh Enclosures: Renewed and Modified Permit No. 10-10 with highlighted map attached Savings Deposit & Withdrawal Book cc: Mr. Dan Sams, PE Ms. Shannon Deaton-WRC, w/permit Mr. Bradley Bennett-DWQ, w/permit Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Ottrue E. Evans, Jr. AVS Mine Brunswick County - Permit No. 10-10 for the operation of a Sand and Marl Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: September 14 2016 I Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the .permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to .in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications September 14 2006: This permit has been modified to increase both the permitted and affected acreage at this site to 6.75 acres. This modification includes the addition of 4.95 acres to be affected for both the mine excavation area and the haul road to the state maintained road. Expiration Date This permit shall be effective from the date of its issuance until September 14, 2016. Page 3 Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protectibn Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations or into the existing sediment basin. C. The existing sediment basin shall be repaired, maintained, and utilized during dewatering activities to prevent sediment from being pumped directly into the natural stream leaving the site. Page 4 D. Dewatering shall be limited to pit outlined in green on the attached map. Said area is the "Old Pit" located adjacent to the south of the "AVS Mine" as indicated on the mine map received by the Land Quality Section on June 20, 2006. In addition, the pipe inlet shall be suspended above the bottom at all times during dewatering. E. Mining activities shall occur as indicated on the mine map by the Land Quality Section on June 20, 2006. 5. All mining permit boundaries (6.75 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative_ cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 25 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): Page 5 11. 1. 2. 3. 4. 5. 6. on -site generated conveyor belts wire cables land clearing debris v-belts steel reinforced air hoses drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verificati_on 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. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the forms of a $6,500.00 assignment of savings account and a $1,000,00 assignment of savings account (for a total of $7,500.00 required for this site), is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant . archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page B 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: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seedinq Specifications Dates February 15 - April 1 April 1 - July 31 August 1 - October 25 October 25 - February 15 Soil Amendments Species Kobe Lespedeza Bahiagrass Redtop Winter rye (grain) Common Bermuda Lespedeza (unscarified) German millet Rye (grain- temporary) Rate. Lbs/Acre 10 50 1 15 50 30 40 120 Lime: 2000 Ibslacre or follow recommendations from a soil test. Fertilizer: 1000 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch: All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. Page 8 In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued July 21, 1997, is hereby renewed and modified this 14th day of September 2006 pursuant to G.S. 74-52. James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application to modify this mining permit filed by Ottrue E. Evans, Jr. to conduct mining activities off Civietown Road/SR 1132 in Brunswick County. The mining permit (no. 10-10) was modified on September 14, 2006. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA and NC General Statute 74-61, a petition fora contested case must be filed in the Office of Administrative Hearings within thirty (30) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150B-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. /4 " � e /; � �-' (' e� James D. Simons Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on ll Y e6. r Brenda Harris Mining Program Secretary I ,4g ;A) dOS IV A:7V,7AI ,�' d 0167 Sk I I S IVAY o g a ?G' E--- +A� Y ,2i/,iW gA r � Svoi�£h l�ff�C ,. `j 010 I I a fZ5e n" >�VA A) VA � w bAl a'� s s'� 09 rs'AFS F 1 2v;w sn� ,�fj a10 rn a 14 0 I '61, �ybo,� v A9vvAl S'1 og fro; 4"d 010 ,;U,w qAV rel S LA 0 r 2 �o ` /�z b�ynes �2o,-,� a oan!`e 1 06e, A '--A I, 71 T F 4 STATE OF NORTH CAROLINA HOLDEN BEACH QUADRANGLE ss UNITED STATES DEPARTMENT OF NATURAL RESOURCES NORTH CAROL] NA—BRUNSWICK CO. `'" \y \ 15. AND COMMUNITY DEVELOPMENT 7.5 MINUTE SERIES (TOPOGRAPHIC] '� f',,. DEPARTMENT OF THE INTERIOR . NORTH CAROLINA � -- — 0" 1' i5' GEOLOGICAL SURVEY' ,SUFPL£ _ — _— — 1 i ' 3U" 5 EF I Er tea' ?" _ - .. 1+ f rc .ti ,) R A L E IG I { aB 5352 W E 49 _ -- -'1-11 %46 20' stair:a_ 11 . _ _._,_- -�1. _ �%, --- -i 45 ' . 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Y _ LI• _ .�i::::•:. - L nd ng 1J - p POI t j' . Lofl, l • .. r„4' I a I` I }holden Beach tic .I tfe i .. :�- v-- l r� f, r _ I 1 - 5 5 Por _ : , : t ( l� l :;" , 1 • _ _ �_ - -_ - i r '' `''_, s l; I I; r j a 1� i r,1 45l) , , , I f/,� '{. ": ,�; ,- C:Ot I �' `� i Fie a - rr "� �r I �r II 1 i, 356. _w.i. _ -�� - 3755 �- I. 1 ft. ;. e ... •. , . , • __ _+ , I '1C:IIIIA'.+I .. R` - eJa�f1J I t 1 1.. _ I — i.. { i H l��€, 1 � f J, ..� . . .. . �-." , o . I I... Is .) "\. ... I... ! � I i`Y I ' I � I : ' -- i � _. r t .. . t:. I I -� I _ / i -- i' I lJ i r-= y i. r- i II - - -- _ I I O -I — 54 —_— -- .._ - —_ — -- ..... _—-- - - -_I325 I 5o0nu FEET I 1 L - _ ---- __ - — 744 745 793 22 ,3011r2 Produced by the United States Geological Survey in cooperation with North Carolina Department of Natural Resources and Community Development Control by USGS and NOS/NQAA Topography by photogranrmetric 111101rOdS Inmi aerial photographs taken 1.987. Field checked 1989, Map edited 1990 Supersedes Army Map Service snap dated 19,13 Projection and 10,000-foot grid ticks: North Carolina coordinate system, (Lambert conformal conic:) 10pp_meter Universal Transverse Mercator (rid, zone 17 1927 North Arnerican Daturn To place on the predicted North American D.)toan 1983, move the projection lines 15 n1eiars south "c' 25 meters west as shown by (hished corner titles Gray tint indicates areas in whicil only landwork buildings are -II Short dashed blue lines indicate elliptical l)av r,utlines visible on aerial phatngraphS fine red dashed lines indicate s'.lel:ted fence 0-i lielrl lines where generally visible on aerial 01O1011raphs. I it;,; infolTrration is unchecked A [F L A N TIT ! C /A N J_._ I ..-.._ ! _--. .._ _ ._. ___-.......- ,- 750 1745 20' 747 46 SCALE 1:24 000 5 0 KILUMITERS i — —._ 2 T,- �_- ... _ - -. -- - }oao - 2aoo M" laoo` g ME.TERS 1 l sN —_ ..,...._ 1 5 0 _. - .:: - t11LI t33 5909 66Q11 ....---_l0ej(1 B00© _ 9©00 _ 10 (i[Jp 7! II,__- p i(30i1 2006 3)00 40t30 MILS - -:- T' 30' -r FEET z7 MILS -_ CONTOUR INTERVAL 5 FEE'l' NATIONAL GEODETIC VERTICAL DATUM OF 1929 UTM GRID AND 1990 MAGNETIC NORTH THIS III COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS DECLINATION AT CENTER OF SHEET FOR SALE 13Y U. S. GEOLOGICAL SURVEY DENVER, COLORADO 80225, Ofi: RESTON, VIRGINiA 22092 A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS iS AVAILABLE ON REQUEST 17, 301, 151 - -, N. C. .; \w QUADRANGLE LOCATION 3752000:,-N --- . _ i53 754L100m • INTERIOR -GEOLOGICAL sGRvE�. HESTON, VIRGIN€A-1991 ROAD CLASS111CATION Prinriary highway, Light -duty road, hard or hard surface ....... — improved surface - , , ___-. ---..--.--- Secondary highway, hard surface ....... --- Unirnlooved road ... interstate Route U. S. Route State Route HOLDEN BEACH, N.C. :33078413-"iF-024 1990 i_)MA 5351 IV NE SERIFS V842 ;2' 30" -. ��,F -.. 5125 T BCH fi 11164 BCH 1015 BCH w18,04 _BCH I i910EBCH 11 / a' 7349 t I ' #j 17UO _ 1744 N i y, moo is99 y ,i, �1j11G _ i371 - � zk 1 1100 l 'Eno ; L7, 7 k 1" snrNk y>w�n, ,r1>c Ins t � j _ l / KEY TO COUNTY ROAD NUMBERS r i 1217 a3 a '21721 +:r IB3_ 1858 1218 , 8 - 71z2 I 122C ttzl7 2 8�.n r 1 50 19 r IIl efil 199Y 1 1228 1119 �4 �t n Inset 2 U N G Q SHAAC)7TEL- POP .1,241 f \ J� 0 V Us1A�0np�.r' ^_.; �.\ - 0 ' Hit 'df 304 j �� , Ie "G: fsenawn ,t 1 yt �p� � •� 13f3 � w, � .� i f L.__. CALABASH- 13d UZZARD _ u 1 5zo t• _ '�R/ji 1-0AS' _y l a ser,vwr ISLAND �1i1 -- ♦` _ - �C i 1BI3" i \ i � � Y COIKrJS � J "JECY . � �} JN7RgCOR WA 1- 2 NN.AY SIT $ET BFAEH r 1:908 f R I �j 1I ( I I } -.Z - Haney 41-d . . ... ... . ........ . ... .. . .... . . . . . ......... . ........ ......... . . . . ... ....... .. zz�.. T .I A /" CAPE ! i 1T11 17a8 1� +�174y ,, - •-I i74, G� I 1427'. 1420 3+ r i! 14A 7:_. i 111i II Easfbro;� 17221 3 LeId 2,2 r_r pc�2, S f ��✓ I �„ +1 { � .tub ( I CI I �� � 1 •1 � �S ,i", ISLAND ° 1438 l i 15a0 � RRB 0 m I S74 Imendan� TES. - I a,-1519 d f u Fo�� � fSLANCr' { �7 r 129 r rua ENs/ f -� )r' S (R C.k ,�1J•�, J � _OL�i1 8N �wcN j1 1fI H15 L 1 I i 1N1R4COA..AL. 17R,4%I r NOTE MAP INCLUDES ONLY STATE MAINTAINFD ROADS OR IMPON I ANT NON -SYSTEM ROADS. ROADS SHOWN AS OF JAN. 19, 2005. LEGEND ..... -. PRIMITIVE OR UNIMPROVED ROAO i - GRADED AND DRAINED ROAD _ -, ' ---- -� SOIL,GRAVEL OR STONE SURFACED ROAD FIARD SURFACED ROAD - — 4LANE UNDIV1 DED UIGHWAY DIWDED HIGHWAY HIGHWAY VIAH FRONT ACE ROADS rcA FULL CONTROL ACCESS TM3 NON'SYS FEM ROAD _ PROJECT ED LOCATION -- iNTERSGC TION DISTANCE TRAFFIC CIRCLE I. s, - HIGH WAY INTE RCHANGE DETAILED HIGHWAY IN T ERCHANGE ROAD THROUGH MOUNTAIN PASS HIGHWAY BRIDGE f-, UNDERPASS —}r— OVERPASS TT-- f'�,',^^^ DRAW SPAN ON BRIDGE --rr— HIGHWAY TUNNEL —j— FORD Ie INTERS FATE HtCHWAY �7 a) _ U S. NUMBERED HIGHWAY +?' N.0 NUMBERED HIGHVVAY IJ S. NUMBERED WCYCLE ROUTS N.0 NUMBERED BICYCLE ROUTE at INTERSTATE INTERCHANGF NUMBER 9�4 SECONDARY ROAD NUMBER` -� cc r.v vc CABLE RAILROAD, ANY NUMBER OF TRACK$ ,...,..-,,....;...w._.� USED BY SINGLE OPERATING COMPANY RAlROAD,ANY NUMBER OF TRACKS USED BY MORE THAN ONE OPERATION COMPANY ON SAME OR ADJACENT RIGHTS OF WAY - RAIL. ROAD STATION GRADE CROSSING t -- UNDERPASS } �I 1 -- OVERPASS - RAILROAD 1- 1NNEL — INSETAREA URBAN EXTENSION - -- BOUNDARY LINE RESERVATION OR - -- PART( BOUNDARY - CI TY LIMIT -_--'�- ---- NATIONAL FOREST BOUNDARY --- STATE FOREST BOUNDARY ° -- FEDERAL GAME LAND BOUNDARY ' STATE GAMELAND FIOUNDARY n n - MILITARY RESERVATION BOUNDARY ---- cot IN IY LINE ---- STATE LINE INCORPONATEO CITY OR VLi.LAGE, (GENERALIZED) I iJ� F RILL OR 1 OI. L FERRY - CANAI - -- NARROW STREAM - WDE STREAM I> " DAM NTH LOCK _ DAM �..i) RESERVOIR, POND,OR LAKE COMMUNITY AND TOWN CENTER 0. COUNTY SEAT i SCHOOL l COLL.EGE OR UNIVERSITY * HOSPITAL CHURCH CHURCH W N CEMETERY CEMETERY * PATROL STATION iJ CORRECTIONAL OR PENAL INSTN. rd HIGHWAY GARAGE OR MAINT YARD !:a HIGHWAY DIV. OR OAST. 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Inmfif _ - - /.�- k EIlEPARTD BY THE ,s s f ,� ..�� •' "�'1 ., Lt'n4s�„ a `�...._ �-:. ! ... � F�'.....: � 1 � �-.157y,.` _�� _ �- iAse 1{ ` ,.12a / ! __ �- � i5A9 � 1y57 - � '--•� 1F -� I g _ f6' - -].i max. \ s-..1 _8 _ _.�L'_ ..,,e2 i i 5re_ f, , rr _ NORTH CAROLINA DEPARTMENT OF TRANSPORTATION r.-.r` Fanl . -. - l 330 -h i92r -..� .�..11 Y_ h— 1 1581 y 17a13 „ �_�_ 15381 %� _... '. 1115' ,�-..� �.... � � ., I .__..:-_..-� i-.—' -%�. / "'PeAmnlPoo,• DIVISION OF HIGHWAYS - GI5 UNIT _.Yf - IN GUGs'LRATIUN VN'rH THE r ,. , .. :f !_'. ' BASTE 1.� rl[ I � V,m � �_' -�-� "���-_-� � - _'J i .`= - i � ~`wi28 I534 4� ll S DEPARTMENT OF TRANSPORTATION Ir e7 val 'i 1 J -"' j r- 152r C ti z+KE � Y elan e- St FEDERAL ERAL HIGHWAY ADMINISTRATION - - e ! I S 1 5 0 _ -- .j SCA€E 211 o DPN hEPu1 f i a�. 85ti ��/.'1 - - - ,.� �T�--.' 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MINING CHECKLIST FOR ROUTING Applicant's Name:4ru�e__Evo_s Project Name: _M's k(Mk Applic./Permit No.: County: t, hSt Idc Date Received: Reviewer: i Ji A\ River Basin Name: ❑ New ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside par4pt boundaries) ❑ Transfer ❑ Release ❑ Partial Release �Vdditiomal Information 0 Fee Needed: $ ❑ Fee Received: $ Regional Office (2 compiete copies; attach the "LQ5 Regional bfficc Mining Application Review Checklist" to one copy and attach iz2Dh the DWQ and DAQ "Mining Application Review Form" to the other copy; send loth copier, to the Regional Engineer) � �Date: Routed ` kc)o Q Rec'd ❑ Division of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources, Commission Date: Routed Rec'd ❑ U5 Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Parke & Recreation Date: Routed Rec'd ❑ NG Geological Survey Section Date: Routed Rec'd (Only new applications and modification requer,ts that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑ Other. Date: Routed Rec'd **5uopenee Date for Comments: tQl (no later than 25 days from receipt) Please note trhe following: i_S 51 - NC IENid ix. R 6 F'A(zi 03 )'r..a/2klH7" 1:':40 9197i'� '_. Practice Standards- and SpectAcalloms 9' >nux. standard o"ematt, fabric with wire fiene; mox. axtra ttrsngth fabric without wire fence pot} J 1 i r. , - �at�tlC Cf wire ties JVlra I- a 111� f erce Nature; 3+ i �i rourd -wl' � I .:"i! t If,l 1lr.1 1= I'I It {•it ltrl r.4}'tip It Ir e�'r I . � B" dawn d"• . r t T1�trdd irr c% 2y" � Filter fabric Wire fe me Croaa-Section View Fdt+er $teal M. tabrle 9ocklR11 trench Natural AAftamd nipact ground . • } • } • ON ON Vs #,'f • ��gluoB • • Mill • • , . • i �• •; ; " • •, �.. .rlwr""� ....�.,.'.•; min • • • .• L- Figure 6,92a tnvalleVon detall of a sediment fence. AM, 6m �y s�, 6.0.3 RECEIVED AUG 02 2000 LAND L1TY SECTION lsA Al� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist Certified Mail Return Receipt Requested 7003 0500 0002 0451 8654 Mr. Ottrue Evans, Jr. 553 Wesley Trail SW Supply, NC 28462 RE: Permit No. 10-10 AVS Mine Brunswick County Lumber River Basin Dear Mr. Evans: July 24, 2006 Michael F. Easley, Governor William G. Ross Jr., Secretary We have reviewed the renewal and modification request submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Please address erosion and sedimentation controls for the initial clearing of the proposed modification area and for the berm areas. A silt fence detail is needed to assure said measure will be installed properly. 2. The reclamation bond has been re -calculated using the information submitted on the revised mine map received by the Land Quality Section on June 20, 2006. The reclamation bond for this site would be $7,500.00. The calculation worksheet is enclosed for your review and the new bond or balance ($6,500.00) will be required prior to approval of this renewal and modification request. Please note, the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., Ottrue Evans, Jr. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper • ■ 06nplete items 1, 2, and 3. Also complete'' A. Sign ture ' Item 4 if Restricted Delivery is desired. 9eR ■ ,Print your name and address on the reverse X ❑Addn so that we can retdrn the -card to you., B. Received ( PrintoId N ) c. Date;;citDo ■ Attach this card to the back of the mailpisce, �� or on the front if space permits. G%F5 2A D. Is delivery address different from Rem 17 PAS1. Article Addressed to: tf YES, enter delivery address below: ITNo MR OTTRUE EVANS JR 553 W ESLEY TRAIL SW SUPPLY NC 28462 3. rvice Type Certified Mall press fulall ❑ egistered eturn Receipt for Merchandise ❑ Ensured Mall ❑ C.O.D. r 4. Restricted Deliv 7 (Extra Fee) ❑;Yes 1 2. Article Number (Winsfer from service label), 7003 0500 0002 0451 8 6 5 4 06'Forn4 3811, August`2001 Dom`esttcAetum Receipt 102595-02-M-1540 r40 Certified Mail Mr. Evans Page 2 Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In order to complete the processing of your application, please forward two o (2) copies of the requested information and the original bond to my attention. As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, Kristin Hicklin Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms Revised Bond Calculation Worksheet cc: Mr. Dan Sams, PE APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND 0.4f4"��L' AID -�o Awv S N't; ,.. The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of S500 to S ,000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage, Lor each AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X S 5tD - r0 /Ac. — Ss do . 00 Stockpiles: jD - Ac. X 5 d = /Ac. Wastepiles: Ac. X S "" /Ac. W $ -- Processing Area/Haul Roads: 1,05 Ac. X $.I RQQ . Q-0 /Ac. — $ g 9 4. c3D Mine Excavation: 3.99 Ac. X $ _ ';ZQ . CO /Ac. _ $ US. (`a Other: a� t� ,�;� �r� _ Ac. X S 00. 6D/Ac. = S a2 . TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: r75 Ac.) Ternporary & Permanent Sedimentation & Erosion Control Measures_: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ G . 313 . Do Inflation Factor: T— 0.02 X SUBTOTAL COST: $ 00 X Permit Life (1 to 10 years): INFLATION COST: S % d TOTAL COST = SUBTOTAL COST f INFLATION COST = SI Sri 5-,too Total Reclamation Bond Cost: S (round down to the nearest $100.00) Nt cL Asp �. APPLICATION FOR A MINING PERMIT �`O 4V S E.. DETERMINATION OF AFFECTED ACREAGE AND BOND The fallowing bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5,000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage for each aspect ofthe mining operation, that you intend to affect during the life ofthis mining hermit (in addition. »lease AFFECTED- RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE' COST Tailings/Sediment Ponds: Ac. X $ 5-00• 00 /Ac. = $ 0.00 Stockpiles: Ac. X $ LEL0.M /Ac. = $ yb--b. L)y Wastepiles: r Ac. X $ /Ac. = $ Processing Area/Haul Roads: < < 5 Ac. X S OL . c3U /Ac. _ $ %0.O ) Mine Excavation: 3s q 9 Ac. X $ qW . OD /Ac.. _ $ ys• LN) Other: &4Lr.4 bera, • -! (P Ac. X $ oo . GD/Ac. - $ r i as . TOTAL AFFECTED AC.: rl5 Ac. (TOTAL PERMITTED AC.: Ac.) Temporajy & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage G Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ �j I .00 Inflation Factor: 0.02 X SUBTOTAL COST: $ , 00 X Permit Life (I to.] 0 years): INFLATION COST: $ (, 0Q(o a . & n TOTAL COST = SUBTOTAL COST + INFLATION COST = $ rI . r-; cl 5. to O Total Reclamation Bond Cost: $ ri 5W .00 (round down to the nearest $100.00) � ►� �o .� � ',� der ��.� M1. _ ' C 14Sar• -1(� LA_ Sb C-TO �°c� (�R Subject: Evans Mine 10-10 Oansion From: Noelle Lutheran <Noelle.Lutheran@ncmail.net> Date: Thu, 20 Jul 2006 12:21:34 -0400 To: Judy.Wehner@ncmai1.net, kristin.hicklin@ncmail.net Good afternoon! Could you please let me know who I should send comments to concerning Ottrue Evans AVS Mine Expansion in Brunswick County. I have the Land Quality file but the new application is not here and the Land folks are in the middle of moving. I believe DWQ may have made initial comments. I went to the site to assist Mr. Ottrue in determining if a wetland delineation would be necessary. It is not. DWQ has no concerns related to direct or indirect impacts to wetlands at this site. He is aware that he needs an NPDES SW Permit to pump and will be applying for one. His pumping plan is also acceptable. Let me know if you need additional comments or if I should contact someone else in the Land Quality Section. Thank you, Noelle Lutheran V Y RECEIVED JUN 2 7 2006 NCDENR North Carolina Department of Environment and Nat ural4IRes'oRces ECTION Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director, William G. Ross Jr., Secretary MEMORANDUM TO: Brenda M. Harris Mining Program Acting Secretary Land Quality Section FROM: Mike Street DATE: June 23, 2006 SUBJECT: Ottrue Evans, Jr. - AVS Mine Brunswick County Attached is the Divisions' reply for the above referenced project. if you have any questions, please do not hesitate to contact me. MSlsw 3441 Arendell Street, P.Q. Box 769, Morehead City, North Carolina 28557 Phone: 252 726-70211 FAX: 252 727-51271 Internet: www.ncdmf.net An Equal opportunity 1 Affirmative Action Employer —50 % Recycled 110% post Consumer Paper ne o Carolina aturall i • NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G. Ross Jr., Secretary May 24, 2006 MEMORANDUM TO: Fritz Rohde Biologist / DMF FROM: Mike Street Habitat Protection Section Division of Marine Fisheries SUBJECT: Mining Permit APPLICANT: Ottrue Evans, Jr. PROJ. LOCATION: AVS Mine — Brunswick County DUE DATE: 6-6-06 Please indicate below your position or viewpoint on the proposed project and return this form to Habitat Protection Section, Morehead City. If you have any questions regarding the proposed project, please contact Tracy E. Davis, State Mining Specialist, Division of Land Resources / Land Quality Section at (919) 733-4574. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See Attached. This agency objects to the project for reasons described in the attached comments. SIGNED: DATE: c/i /D Z __.. 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 One Phone: 252 726-7021 1 FAX: 252 727-51271 Internet: www.ncdmf.net NorthCarolina An Equal opportunity 1 Affirmative Action Employer - 50 % Recycled 110% post Consumer Paper �IV U` a" "lff "^`a^�""��1�f�'+.ar•...i�ry4���vP1wF°!�5!w'ial.".�+"rn*'ycWslr'r �a �"^.p..--r' ^' '- -� �'4r-•T-rr--�- „^-'�--�I:-- �•'R'`f7ir�i.�7rF77giFr�li�p�J;�{J�--- .�'�4�CIF�f ..X i MINING CHECKLIST FOR ROUTING Applicant's Name: ! rtf -E,A r Project Name: A V-5 1�� Applic./Permit No.: ,V' 0 County: Date Received: Reviewer: R 0/ r 1 n River Basin Name: iam ❑ New �Cnewal VModification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer ❑ Release ❑ Partial Release ❑ Additional Information ❑ Fee Needed: $ ❑ Fee Received: $. Pieaor, haute entire annlicati2n-akgge to: 1 100140killRegional Office (2 complete copies: attach the "LQ5 regional Office Mining Application' Review Checklist" to one copy and attach both th 0.WQ and DAQ "Mining Application Review Form" to the other copy; send both copies t6the Re4i aaI-Enoinear) Date: Routed �� ��v �� , Rec'd ❑ Division.of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ U5 Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Dlvicion of Parks & Recreation Date: Routed Rec'd ❑ NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑ Other: Date: Routed Rec'd *5uopenee Date for Comments: I KI 10(P(no later than 25 days from receipt) ❑ Please note the following: IW) At N 4' n i �a'wRt R �Y qNY North Carolina Department of Cultural State Historic Preservation Office Pcrcr B. Sandlxck, Administrator Michael F. I:aslcv, C�nrernor l.isbcth C. I :vans, Secretary Jeffrey J. [,row, Deputy Secretary June 9, 2006 MEMORANDUM yy I I1LL +� f--• AM 14 LAND QUALITY SECTION Resource:+ Office of Archives and I iistory Division of I fistorical Resources David Brook, Director TO: Floyd Williams Land Quality Section Division of Land Resources, DENR FROM: Peter Sandbeck cow-5 .[ V _ SUBJECT: Application for Mining Permit for Ottrue Evans, Jr., AVS Mine, Brunswick County, ER 06-1375 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 that may be eligible for inclusion in the National Register of Historic Places will be affected by the proposed borrowing. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. While we, note that this project review is only for a state permit, the potential for federal permits may require further consultation with us and compliance with Section 106 of the National Historic Preservation Act. Thank you for your cooperation and consideration. if you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-733-4763. Location Mailing Address Tciephone/ Fax ADMINISTRATION 507 N. Blount Street, Raleigh NC 4617 Mail SmIce Center, Raleigh NC 276914617 (919)73.�-4763/733 8653 RESTORATION 515 N. Blount Street, Raleigh NC 4617 Mail Smice Center, Raleigh NC 276944617 ()19)7316547/715 48111 SURVEY & PLANNING 515 N. lilnunt Street, Raleigh, NC 4617 Mail Savice Center, Raleigh NC 276W46I7 ()19)733-6545/715-4801 0 North James D. Simons, PG, PE Director and State Geologist NCDENR Carolina Department of Environment and Division of Land Resources _ Land Quality Section Certified Mail Return Receipt Requested 7003 0500 0002 7892 8298 Mr. Ottrue Evans, Jr. 553 Wesley Trail SW Supply, NC 28462 RE: Permit No. 10-10 AVS Mine Brunswick County Lumber River Basin Dear Mr. Evans: June 13, 2006 Natural Resources Michael F. Easley, Govemor William G. Ross Jr., Secretary We have reviewed the renewal and modification request submitted for the referenced mine site. However, the following information.is needed to continue processing your - application: 1. Please contact Ms. Linda Willis of the Division of Water Quality (DWQ) in the ✓ Wilmington Regional Office at (910) 796-7215 to determine if a pumping permit is required for this operation. 2. In addition, please talk with both the DWQ and the US Army Corps of Engineers in Wilmington at (910) 251-4511 to determine if a wetland delineation is required for the proposed modification area. - 3. Please address erosion and sedimentation controls for the initial clearing of the proposed modification area and for the berm areas..,* t e. s Alf- S-14- . 4. The reclamation bond has been calculated using the information submitted in the renewal and modification application. The reclamation bond for this site would be Ma 0The5olculation worksheet is enclosed for your review and the new bond or nce ($11 00)-will be -required -prior to.approval_of_this renewal. and modification request. vCvi 4� 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Certified Mail Mr. Evans Page 2 Please note, the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., Ottrue Evans Jr. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In order to complete the processing of your application, lease forward two 2 co ies'of the reciuested information and the on inal bond to my attention. As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, 6W"Q' Kristin Hicklin Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms Bond Calculation Worksheet cc: Mr. Dan Sams, PE • • to-10 M5 nA_(Kk PPLICATION FOR A MINING PERMIT E. ETERMINATION OF AFFECTED ACREAGE AND BOND The lowing bond calculation worksheet is to 6e used to establish an appropriate bond (based upon a range of 5S o �5,000 per affected acre) for each permitted mine site based upon the acreage approved by the Departm t to be affected during the life of the mining permit. Please insert the aspect ofth fining operation, that you intend to of{ect during the life oa roximat eanor each fthis mining permtiplease provided with t applrcatron�mj VX Vou can dejer to the O_partment to calculatey� and forxou based CATEGORY Tailings/Sediment Ponds: Stockpiles: Wastepiles: Processing Area/Haul Roads: Mine Excavation: Other: B44r w1 " TOTAL AFFECTED AC.: (TOTAL PERMITTED AC.: Temporaa & Permanent Sedimenta Divide the TOTAL AFFECTED A proposed/existing excavation and/ be needed to prevent offsite sedi r a) Internal Drainage b) Positive Drainage AFFECTED RECLAMATION RECLAMATION ACREAGE COST/A * COST Ac. X $ J /Ac. = S 5-00-00 o, oZ S Ac. X /Ac. _ $ ySr7 . Do Ac. X /Ac. _ $ 3. 9 Ac. $ 1 00 /Ac. — S a.0 3 . a Ac. X $ . 00 /Ac. X $ QgCn. 00 /Ac. = $1,a q . 00 9.0 �. move into the followi\aded egories: a) affected acres that drain into ) affected acres that will or positive drainagewhere measures will ation and sedimentation atercourses and wetlands. Ac. Ac. X $1,500.00 = • SUBTOTAL COST: InflatiZALCOST 0.02 XCOST: S 104211 .00X Permit Life (I to 10 years): �0 s INFLATION COST: $ , a O T = SUBTOTAL COST + INFLATION COST = $ Total Reclamation Bond Cost: $ 1D , , loo—m (round down to the nearest $100.00) �a)goo. oo11ao oto . 00 AV,A ayf v_�L �l} g oo . 00 cfL. Nex" C� United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 June 5, 2006 Mr. James D. Simmons Director and State Geologist NCDENR-Division of Land Resources 1612 Mail Service Center Raleigh, North Carolina-27699-1612 Attn: Brenda M. Harris Dear Mr. Simmons: The U.S. Fish and Wildlife Service has reviewed the project advertised in the following mining application. Due to staff and funding constraints, we are unable to adequately address the subject proposal at this time. Therefore, we are taking no action on the following mining permit application. APPLICANT COUNTY NOTICE DATE DUE DATE Ottrue Evans Jr. Brunswick 05-19-06 06-06-06 We appreciate the opportunity to provide comments on the subject proposal. Should you have any questions regarding these comments, please contact Mr. Mark D. Bowers at (919) 856-4520, extension 19, or at the above address. S Pete B Ecolot cc: NMFS, Beaufort, NC EPA, Atlanta, GA WRC, Raleigh, NC -es Supervisor ILF •KWA NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor June 7, 2006 MEMORANDUM TO: Brenda Harris Mining Program Secretary Land Quality Section FROM: Blake Rouse PIP — Ground Water Management Section Division of Water Resources SUBJECT: Mining Permit Renewal Request for: Ottrue Evans Jr. AVS Mine Brunswick County William G. Ross Jr., Secretary John Morris, Director MiCMEM Please find attached a copy of the mining permit renewal request for the above referenced project. The AVS Mine site located in Brunswick County appears not to have an unduly adverse effect on ground water supplies. However, future monitoring of adjacent private supply wells may be required if adversely impacted from the dewatering of the surficial aquifer at the AVS Mine site. Any water withdrawal will be subject to North Carolina General Statute 143-215.22H; Registration of Water Withdrawals and Transfers Required. Any person who withdraws in one day 100,000 gallons (70 gpm) or more of surface water or ground water in North Carolina is required to register the withdrawal with the Division of Water Resources. A Central Coastal Plain Capacity Use Area permit must be obtained from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret, Craven, Duplin, Edgecombe, Greene, Jones, Lenoir, Martin, Onslow, Pamlico, Pitt, Washington, Wayne, or Wilson County. If you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. One No Carolina ;Vaturnlly 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 Phone: 919-733-40641 FAX: 919-733-3558 I Internet: www.ncwater.org 0 Log In #: DPRJRRS Mining Permit Application Review RRS Contact: &:3�_p d he ' Name of project: Proposed activity is is not within 5 miles of a public park or recreation area. If yes, identify the park: Manager/agency name: Jim (contact name): 1fi�� y (phone; fax): (e-mail): Review conducted by: t✓ Date:F, PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS. YOU CAN ALSO E-MAIL YOUR COMMENTS TO: Adrienne. McCoiza ncmail.net THANKS! Return form and materials to: Adrienne McCoig DENR/Division of Parks & Recreation 1615 MSC Raleigh, NC 27699-1615 (Please Print on COLOR Paper) • • RECEIVE MINING CHECKLIST FOR ROUTING MAY 1 B 2006 Applicant's Name: W-4—Utt. �s sir'. Project Narne: _ ` ApplicJ.. � Permit No! County i� UkVQ%w {a, Date Received:W, Reviewer. i1 (A River Basin Name: ❑ New newal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) 0 Tran5fer ❑ Release ❑ Partial Release ❑ Additional Information 1=cc Needed: .$_ 0 .0 ❑Fee Received: $ R E C E'" N Regional Office (2 complete copies; attach the;,L zF'C ,.. yr .i r atL TI Office Mining Application Review Checklist" to one copy and attach i� t "e'1)WO a'" "DAQ "Mining Application Review Form" to the other copy; send both copies tq t anal n er) Date: Routed 1(0D ec'd okppionkovwo-a�r R%ouroes Da ' Date: Routed Rec d C Wildlife Resources Commission Date: Routed Rec'd US Fish & Wildlife 5ervice Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Rec'd ❑ Division of Parks & Recreation Date: Routed 0 NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑ Other: Date: Routed Rec'd '"Suspense Date for Comments: �'Sr ~�� (no later than 25 days from receipt) ease note the following: LAND QUALITY SECTION REGIONAL OFFICE MINING APPLICATION REVIEW CHECKLIST- =2001 'LICATIONIPERMIT NO.: i D--.,(D ACTION: New Modification Renewal Transfer Releas APPLICANT NAME: Jr. MINE NAME:.A\f S fil.� e— COUNTY: OruAsWick Administrative Issues: A. Is the site currently under NOV? Yes Q,Exlain: B. Is the site under CAMA jurisdiction? Yes to Explain: Field Issues: A. Are potential wetlands and watercourses properly indicated on the Mine Map? Yes g Explain: A . if=-ii ice, ca L S vtoa-- rJ�a U� � e.c: :4- B. Are the proposed buffer zones adequate? Yes No Expl`aie. �t_ d- e_,p ) C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? Yes Exolain: f�J E. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? Explain: U—A kwdW ki Is visual screening needed? Yes No Explain: Yes No Are the proposed erosion and sedimentation control measures properly located to prevent offsite sedimentation? Yes VNo Explain: _ 100-c e! t s ,p-o l2a z e 6 G. Is the proposed revegetationlreclamation plan acceptable? Yes No Explain: Date inspected: Erosion and Sedimentation Control Plan Review: It is the responsibility of the Regional Office staff to verify the adequacy of the E8S measures. Please provide any concerns or comments: 6 a- S 4':5 rL o d d re s� e c{ . Other Comments: Who was the application routed to and when?: Division of Air Quality: Division of Water Quality (Water Quality Section only): Date: Date: Other: Date: Inspector/Reviewer's Name: Date: Regional Engineer's Name: _ _ Sf� W!5 Date: _s-�c MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY Project/Number:P�� S �Az , - �—) O County: '-�- 31- Please return comments back to: Comments due by: Will the operation, as proposed, violate standards of water quality? Watershed/Stream Name & Classification: sw V-kow 15-' NPDES permit required NPDES permit existing Nondischarge permit required Nondischarge permit existing Wetlands disturbed .*.)K 401 Wetland Cert. required YES SeciIt, n C 463 -c . M04-- �tr�.s�.uex ed � ►*� {�mLA-N, (Permit # ) (Permit # } 401 Wetland Cert. existing (Permit # Reviewed by: Lt , da:Y 11 r S Date: 5 Print Name: 1-.1+yDO'lnrt lc� 0912005 Central Office Reviewer: NO c • 0 MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF AIR QUALITY Project/Number: &V S.. L. u� � l��' �O County: �r 1tis W c'� Please return comments back to: Comments due by: Will the operation, as proposed, violate standards of air quality? Comments: U C''wf keY edf rr D S ra p, !rd r 16 Air permit required Air permit existing Other Commen YES NO t� {Permit # ) Perns re Seen . IV - M-r r rCrrvy T. - l k! ce-!( Reviewed by: Date: ^ 2 2 ` a �+ Print Name: b ea , r ro 1 0912005 Central Office Reviewer: i jj� ��i • _ • i S MINING CHFrKL15T r=n? ROUTING Applicant's Name:aL4(ke_ • Project Name: S� Iv Applic./ ermit o: County: - , S CA(_ Date Received: S-a 3-06 Reviewer: �yLS_I ✓1- _ River Basin Name: LL, V" 6-C Y ❑ New ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outolde permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑ Additional Information ❑ Fee Needed: $ [ Fee Received: 00 Regional Office (2 complete copies; attach the "LQ5 Regional ce Mining Application Review Checklist" to one copy and attach �j the DWQ and DAQ "Mining Application Review Form" to the other copy; send both c;P! onal Engineer) Date: Routed'd ❑ Division of Water Resources Date: Routed 'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ U5 Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Plr,ao, route first_3 p2gery of the a1212licatiarl and anylaation mans to: ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NC Geological Survey Section Date:. Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd _ (Only new applications) ❑ Other: Date: Routed "5uopen5e Date for Comments: Rec'd than 25 days from receipt} \ � V lease note the followin : `! g l d' H-•i v M� �. a./,: i. S fi. .- i.'�{. !.� � �"' r; il, ' ��., f .� 1+•�.. '_` oaf' . �.Y. � 01 , 7R J t i" � � G, j - � `4'• 1. �_ i� y � ! -gip: � �rrE � y r : rvez aN� �iiadns' -As7OaL,�ais3nn •Jc_ Ictl3NN10�SN1%l1�''3i1ZfJJ.�, •'� .,G�17' �r'3 •. � S,.s , ¢ i ' T a •_.']45�Au3w �ni�.wwnQ$SMbi�� • tl S\ _ .�. Cl .� A i�ZA NCDENR North Carolina Department of Environment and I Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist May 16, •2006 MEMORANDUM RE: Mining Permit Application AVS Mine Brunswick County Dear Mr. Ottrue Evans: RSCENED MAY 4 3 2806 urces Michael F. Easley, Governor William G. Ross Jr., Secretary We are in receipt of your mining permit renewal for the AVS Mine in Brunswick County (Permit No. 10-10). We regret that we cannot complete processing the above materials until we have received the necessary fee as authorized by the 1990 North Carolina General Assembly in G.S. 143B-290 and as set forth in the fee schedule adopted by the North Carolina Mining Commission 15A NCAC 513.0012. We will continue processing the paperwork but cannot complete the renewal and modification until this office has received the appropriate fee. Please remit by check or money order $100.00 payable to the North Carolina Department of Environment and Natural Resources. DO NOT SEND CASH. Payments should be mailed to: Attention: Ms. Kristin Hicklin Assistant Mining Specialist Land Quality Section NC Department of Environment & Natural Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Full payment must be received by this office within 30 days or your materials will be returned unprocessed. If you have any additional questions, please contact our office at (919) 733-4574. Thank you for your cooperation. Sincerely, Brenda M. Harris Land Quality Section IBMH 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 FqCDENR North Carolina Department of Environment and Natural Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist May 16, 2006 MEMORANDUM TO: Dr. Steve Everhart Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Ottrue Evans Jr. AVS Mine Brunswick County MAY 24 70Qs !TY Michael F. Easley, Governor William G. Ross Jr., Secretary µablta�. on �ase�va� _ ptoF�m Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by June 5, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes,to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. �u1 Ibmh Attachments cc: Mr. Dan Sams ao 5�3 U6 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 -%a+-+—�.`-'r'.�"yrsyilyW+awOY�R""yM�+�^�--�--_-'--•--'.----- - .-�._..-_�,-.v�rr•��rrv^i.. y� -- '.....-+• ., 9 0 MINING CHECKLIST FOR ROUTING Applicant's Name: 4 U8 POMS dr. Project Name: T yr� , -OL Applic./Permit No.:County: w; Date Received: Reviewer: t ' >1 G l. (A River Basin Name: ❑ New newal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑ Additional Information )(Fee Needed: $ DD .00 ❑ Fee Received: $ Muse route. entire aglication_aa-kage to: \ k�,� _ Regional Office (2 complete copies; attach the "L 5 Re i nal IrG�fice Mining Application Review Checklist" to one copy and attach bah t e DWQ DAQ "Mining Application Review Form" to the other copy; Send both copies to the onal n cer) Date: Routed 1 � r ec'd Di isi�n Water Rsource5 Date: Routed Rec'd NC Wildlife Resources Commission Date: Routed Rec'd 5 Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ivision of Parks & Recreation Date: Routed Rec'd PC Geological Survey 5ection Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) her: n - k%L c **5u5pen5e Date for from receipt) Please note the following: Date: Routed Rec'd COImmcrit54's� 0(,o (no later than 25 days James D. Simons, PG, PE Director and State Geologist Mr. Ottrue Evans, Jr. 553 Wesley Trail SW Supply, NC 28462 • � i NCDENR . North. Carolina Department of Environment and Natural Resources Division of Land Resources_ - -� Land-Q�iality Section Michael F. Easley, Governor William G. Ross Jr., Secretary May 17, 2006 RE: Permit No. 10-10 Renewal and Modification Application Received: May 11, 2006 Brunswick County Lumber River Basin Dear Applicant: A cursory review has been completed on the information you submitted for the referenced mine site. The information noted on the attached checklist is required to complete your application. If this office has not received the information by the indicated deadline, your application may be disapproved, PLEASE BE ADVISED THAT YOUR APPLICATION IS NOT COMPLETE UNTIL ALL OF THE ITEMS LISTED ON THE ATTACHED CHECKLIST HAVE BEEN FULLY ADDRESSED. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Please contact me at (919) 733-4574 if you have any questions. since el , Kristin Hicklin . Assistant State Mining Specialist Land Quality Section Enclosures cc: Mr. Dan Sams, PE 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 I FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 1 l o% Post Consumer Paper i .. CHECKLIST FOR REQUIRED INFORMATION The following information is required by 15A NCAC 56 .0004 and .0012 in order for the appiicatio_n to be deemed complete. If the information is not received within 21 days of the date of this checklist, the review will cease and the application file will be closed or your application may be disapproved. Applicant: Ottrue Evans, Jr. __ _ _ Date: 5/17/06 Project: AVS Mine Application/Permit No: 10-10 County: Brunswick Initials: KH Date Received: 5/11/06 X : Mining permit boundary missing or confusing on map. X : Buffer zones confusing on map. Are the buffers unexcavated or undisturbed? X : Appropriate application fee not submitted. The renewal and modification application fee is $200.00. X : Other: Please include the haul road to its junction with a state -maintained road within the permit boundary. _,. , . 4 NCDENR - North Carolina Department of Environment and Natural Resources -Division of Land, Resources. - Land Quality Section James D, Simons, R.G., P.E. Director and State Geologist MEMORANDUM May 16, -2006 Michael F. Easley, Governor William G. Ross Jr., Secretary RE: Mining Permit Application AVS Mine Brunswick County C-1`l'�� Dear Mr. Ottrue Evans: We are in receipt of your mining permit renewaKor the AVS Mine in Brunswick County (Permit No. 10-10). We regret that we cannot complete processing the above materials until we have received the necessary fee as authorized by the 1990 North Carolina General -Assembly in G.S. 14313-290 and as set forth in the fee schedule adopted by the North Carolina Mining Commission 15A NCAC 513.0012. We will continue processing the paperwork but cannot complete the renewal and modification until this office has received the appropriate fee. 49;i) 5-17 -d(P Please remit by check or money order $;Ge- 74 payable to the North Carolina' Department of Environment and Natural Resources. DO NOT SEND CASH. Payments should be mailed to: Attention: Ms. Kristin Hicklin Assistant Mining Specialist Land Quality Section NC Department of Environment & Natural Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Full payment must be received by this office within 30 days or your materials will be returned unprocessed. If you have any additional questions, please contact our office at (919) 733-4574. Thank you for your cooperation. Sincerely, Brenda M. Harris Land Quality Section /BMH 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 MINING A nonrefundable permit application processing fee when filing for a new mining permit, a major permit modification or a renewal permit is required as follows: TYPE ACRES NEW MAJOR PERMIT MODIFICATION RENEWAL Clay 1 but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 500 500 Sand & Gravel, I but less than 5 150 100 I00 Gemstone, and Borrow Pits 5 but less than 25 250 100 100 25 but less than 50 500 250 500 50 or more 1000 500 500 Quarry, Industrial Minerals, 1 but less than 10 250 100 100 Dimension Stone 10 but less than 25 1000 250 500 25 but less than 50 1500 500 500 50 or more 2500 500 500 Peat & Phosphate 1 or more 2500 500 500 Gold (Heap Leach), Titanium & Others 1 or more 2500 500 500 A nonrefundable M.00 permit application processing fee is required for minor permit modifications. Minor permit modifications Include ownership transfers, name ehmges, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also Includes lands added to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbsocc of the added lands have beeo approved. All other changes are considered major modifications. Acres for new permits end renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both. WHO O -19- NCDENR North Carolina Department of'Environment and Natural Division.of Land Resources . Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist May 19, 2006 MEMORANDUM TO: Mr. Mike Street, Chief Habitat Protection Section Division of Marine Fisheries' FROM: Brenda M. Harri Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Ottrue Evans Jr. AVS Mine Brunswick County Resources Michael R Easley, Governor William G. Ross Jr., Secretary Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by June 6, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 AT, (ow"A 0 NCDENR North Carolina Department of Environment and Natural Resources -.- Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist MEMORANDUM May 19, 2006 TO: Mr. Lewis Ledford, Director Division of Parks and Recreation FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Ottrue Evans Jr. AVS Mine Brunswick County Michael F. Easley, Governor William G. Ross Jr., Secretary Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by June 6, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review. all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THI! Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 47*A . NCDENR North Carolina Department of Environment and Natural Resources Division -of- Land -Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist MEMORANDUM May 19, 2006 TO: Mr. Peter M. Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Ottrue Evans Jr.. AVS Mine Brunswick County Michael F. Easley, Governor William G. Ross Jr., Secretary Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)): Please respond by June 6, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 NCDENR North Carolina Department of Environment and Natural Resources Division.of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist May 19; 2006 MEMORANDUM TO: Ms. Renee Gledhill -Earley Application Review Coordinator, Archives & History FROM: Brenda M. Harris hol-� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Ottrue Evans Jr. AVS Mine Brunswick County Michael F. Easley, Governor William G. Ross Jr., Secretary Please find attached for your review a copy of the mining application request for the above referenced project. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on significant archeological resources and/or human skeletal remains would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. ri&Tirli Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist MEMORANDUM RE: Mining Permit Application AVS Mine Brunswick County Dear Mr. Ottrue Evans: May 16, .2006 Michael F. Easley, Governor William G. Ross Jr,, Secretary C'11 �co sM 64�—) We are in receipt of your mining permit renewaKor the AVS Mine in Brunswick County (Permit No. 10-10). We regret that we cannot complete processing the above materials until we have received the necessary fee as authorized by the 1990 North Carolina General Assembly in G.S. 143B-290 and as set forth in the fee schedule adopted by the North Carolina Mining Commission 15A NCAC 513.0012. We will continue processing the paperwork but cannot complete the renewal and modification until this office has received the appropriate fee. 14 zo .0O �,r � 5-I-1-ap Please remit by check or money order U90-M payable to the North Carolina Department of Environment and Natural Resources. DO NOT SEND CASH. Payments should be mailed to: Attention: Ms. Kristin Hicklin Assistant Mining Specialist Land Quality Section NC Department of Environment & Natural Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Full payment must be received by this office within 30 days or your materials will be returned unprocessed. If you have any additional questions, please contact our office at (919) 733-4574. Thank you for your cooperation. Sincerely, Brenda M. Harris Land Quality Section /BMH 1612 Mail Service Center, Raleigh, -North Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 Ai NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist May 16, 2006 William G. Ross Jr., Secretary MEMORANDUM TO: Dr. Steve Everhart Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris 4;46� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit 'Renewal for Ottrue Evans Jr. AVS Mine Brunswick County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise. as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by June 5, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to . perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly, appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • � i �'LA .. NCDENR North Carolina Department of Environment and Natural Resources ---Division of Land Resources Land Quality -Section James D. Simons, P.G., P.E. May 16, 2006 Michael F..Easley, Governor Director and State Geologist William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeoiogy Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Ottrue Evans Jr. AVS Mine Brunswick County ® Mine Dewatering Proposed []No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by June 5 , 2006 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 FU 14 ,, _. '��7 , , j V, � - MAY 112006 LAID QUALITY SEC' Y NORTH CAROLINA MINING PERMIT APPLICATION state of North Carolina Department of Environment And Natural Resources Division of Land Resources Land Quality section 1612 Mail Service Center Raleigh, North Carolina 27699-1612- (919) 733-4574 Revised 4/2002 • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) RIECEfWD MAY 112006 Name of Mine V.County h(d A S u ,ie k River Basin ^ Latitude (dd.mm.ss) Longitude (dd.mm.ss) 2. Name of Applicant* a,17ry G .fr 3. Permanent address for receipt of official mail** .SS 3 wG l e rS w S�iP�v�►/ Ne 6� w Telephone ��� ,S r�3�1 6 4. Mine Office Address Jl� e 4-5 f idv Telephone Mine Manager tYG 'P4�x'*:5 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. ***Si Print Name the Title z57tV/1 r l Date * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond(security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application..or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -1- • 0 APPLICATION FOR A MINING PERMIT ■ ' NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, - detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: - D Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: /O' /D Total permitted acreage:! /. tf 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 "m the ajor modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes 100, No . If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion oft is acreage be affected (disturbed, ground cover removed) by the mining operation? Yes No (if no, a "minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: n SEETHE 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: 3. Mining method: Hydraulic Dredge Front-end Loader & Truck og�_ Shovel &Truck aef_Dragline & Truck Self -loading Scraper Other (explain) -2- 9 • APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) _ rfJ Depth is relative to what bendark? (e.g., natural ground level, mean sea level, road elevation, etc.) a, v rp. b. Expected average depth of mine (feet) 5. Has any area(s) at this site been mined in the past? Yes No P-' If yes, when and by whom was this activity conducted? 6. Number of years for which the permit is requested (10 years maximum): /D B. MAPS Clearly mark and label the location of your mining operation on six 6 copies of a 7.5 minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5 minute quadrangles may be obtained from: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919)733-7600 grq..Pa-66ad -3- • APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the , maps along with their corresponding (approximate) acreage: -As a reminder,'mining permits can only be issued for up to 10 years; thus, -.all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants maybe described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. :r m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway; creek, stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four Ianes of travel or less and is not designated as an Interstate Highway. q. Map legend: . . 1. me of applicant 2. ame of mine orth arrow 4 County Scale G. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres I inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps maybe acceptable if they clearly illustrate the above items) -4- • APPLICATION FOR A MINING PERMIT A table/chart must be provided on the ine ma t at clearly lists the approximate acreage oftailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 0 Stockpiles Walepiles Processing Area/Haul Roads Mine Excavation ,,�% AC Other NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. ecam S AQWC�. cib - 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide t}pical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. 4- S C6 P-� 3. a. Will the operation involve�vashing the material mined, recycling process water, or other waste water handling? Yes No ✓✓ . If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes No IC . If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). •' i APPLICATION FOR A MINING PERMIT c. Will any part the proposed mine excavation(s) extend below the water table? Yes No If yes, do you intend to dewater the excavation(s)? Yes No . if yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: 1,600. Locate all existing wells on the mine map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. , IVO We,115 w;t1,;n Aj,Soo iPec7' d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. 4. a. Will the operation in olve crushing or any other air contaminant emissions? Yes 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. b. How will dust from stockpiles, haul roads, etc., be controlled? 7__h5 ; S A twa PerSo i /j'l UG � p us /?��c% f- fCr � ale, -7- U/0n�_ �e • 0 APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & . sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). 1 � b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine rnap(s). Nd 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. 31-o I j lofP e.s © r Ino<c -8-. -X7�c .', " -e-del APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine maps) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slopegradient, installation ofany benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections for all cut slopes must be provided on the mine map(s). d. In hardrock excavations, specifyproposed 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. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. N1j S-ft"UGtule /goo 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it'will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). ge on 6e ul?df o r r 0 (9 APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes No ✓ How will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10, a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes orother vegetation, building berms or other measures. Show the location of all visual screening on the mine maps) and provide cross -sections through all proposed berms or proposed spacing, sizes and spdcies for tree plantings. �e(-114 S &f0uAd 40U17e1rV, rre,-5 b y aPIS b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? No 11. Will explosives be used? Yes No . If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third - party blasting study). Locate the nearest offsite occupied structures) to theproposed excavation(s) on the mine ,nap and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes No Ifyes, describe these materials, how they will be stored and method of containment in case ofspill. Indicate the locations) of all storage facilities on them ine map(s): -10- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN I. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. 2. Is an excavated or impounded body of water to be left as apart of the reclamation? Yes ✓No If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes P., No . If yes, specify species. 6 w s 6, Gr- f-ri'SA , &rio/vt 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. Im nk F-el7e,'Al o r -11- APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas , must be provided on the reclamation map. IVO ovefbrele/1 , f'V5e-, a 5f0,`1 /c•^ k5 S. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. IV 5 fdt:h e'' eS ff a,, G -e -5 f4 1I •e �n'� b. Will any on -site roadways be left as part of the reclamation? Yes No Z. Ifyes, identify such roadways on the reclamation map andprovide details on permanent ditch line stabilization. Ne) N-OCIL415 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off -site generated waste shall be disposed of on the mine site without prior written approval from 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 be disposed in said areas. c4ri � -12- • APPLICATION FOR A MUVING PERNUT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must , include recommendations for wear sound S.eeCding, including the -time of seeding and the :amount and type of seed, fertilizer, lime and'mnEch per acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary, temporary rvegetation. 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. LIlAE - RATE OF APPLICATION (tons/acre): A 2 006 /6/4c, oc 4 /joy rrra.+na.�s 4 s 4a s Aa tc- FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): (� 1L /4C! �'-1-8 0 �C Lv —ro r�o .r �►//wa ttco�r,�wr,��rXw ir.• t 4d;: SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] y Seed Tomes: pp__ S r di g Rates: ter. od. ZS - P6. a- I z0 !3. Rye- 41,11., -�n l►.) MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and r fore ion plan approved by: y A / Signature Date / ` Print Name Vo t- A IelGy Title (iis2�- C�,�,rtzd.jst Agency N ReS -13- APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING. OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature _ Print Name Title Agency -13- Date APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5,000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage, for each aspect bfthe mining oneration. that you intend to affect durine the life ofthis mininQnermit fin addition -please the AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COSTIACRE* COST Tailings/Sediment Ponds: Ac. X $ IAc. W $ Stockpiles: Ac. X $ IAc. _ $ Wastepiles: Ac. X $ IAc. — $ Processing Area/Haul Roads: Ac. X $ /Ac. _ $ Mine Excavation: Ac. X $ IAc. _ $ Other: Ac. X $ IAc. _ $ TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: Ac.) Temporary & Permanent Sedimentation & Erosion Control Measures_ Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (1 to 10 years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ Total Reclamation Bond Cost: $ (round down to the nearest $100.00) WIVE APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and is contiguous to any highway; creek, stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. NOTE: 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- 0 • NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that VN6 licant has applied on "Q 6 (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): (a) a new surface mining permit ❑ (b) a modification of an existing surface mining permit to add land to the permitted area (gr The applicant proposes to mine _ _�4,46 on acres located :3�3 (Mineral, Ore) (Number) (Miles) dw of S�j u-�rf4 . _ off/near road U, �,e Ao c.A 36'� ,(Direction) (Nearest Town) (Number/Name) in CL,/t ,� w ►t C County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bI), the mine operator is required to make a reasonable effort to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the pennitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the saecifics of the oronosed mining activity, please contact the applicant at the followint telephone number: . For information on the mining permit application review process, please contact the Mining Program staff at 733-4574. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. &u e -l-6er yloltte /✓S (Addressee/Owner of Re rd's QTafife of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) -16- f S3 rr eA le k/ (Address of Applican 0 0 APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, f/�rve 4�IlAtl�5 —, an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) Ar m.S w,`G k ;n /n J C r LL e ZS i -.4'04 -� CYO f{ 9 7 ' Zee.-, 30 30 5_ /LA,fA— cf - L/ D L r3 .S � 1 "VC ayig (Attach additional list if necessary) I do also attest that the Following individual is the chief administrative officer of the county ormunicipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at the following address: (Chief Administrative Officer Name) (Address) [City Manager, Coun ge , ayor, etc.] Mae�ALL0.w _'aLg ii ►6vk tc. Svc, asAtaa. 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 15ANCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of pplicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) (title of person executing Affidavit) 4 a Notary Public of the County of Z�lSW1Gc, , State of North Carolina, do hereby certify that_(Quku-IL- Cyw�s appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. F i ay of 'rnQ 20 Q L-R My Commission expires: ak aQQ r 17- 0 0 APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971. We further grant to the Department or its appointed.representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed'to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: Signature: Print Name: %/rvG 7K,4 �S Address: r5-3 y✓eSIe +J T/1 - L" -sue �T�-----�'z Telephone: Wo ZSK-6'3 /1'1di r�if %'jo r L9'- /�% 6 �N APPLICANT: Signature:* Print Name: �,&/v—✓f��s Title: � z2A/ e l Company: _0�7Y,1,15 j0,! j'fV ek 61V Mine Name: d V -S *Signature must be the same as the individual who signed Page 1 of this application. x (6) conies of the comnle maps, and the appropriate Processing fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. -is- U.S. Postal Service,. -0 CERTIFIED MAILRECEIPT r-q (Domestic Mail Only; No Insurance coverage Provided) Co ru �p 2 1-0 C3 Certified Fee r3 R Fee Postmark 'rn" Here (Endorsement Required) C--) Restricted Delivery Fee -11 (Endorsement Required) rij r1i Total Postage & Fees M co an To M---------- 17� '8v16ii-AFAT or PO Box No AL- AW'Aae CERTIFIED MAILtA RECEIF (Domestic Mall Only, No Insurance Covera., nj Ln Postage Ln C3 Certified Fee © Postmark Return "I"c"' Foe C3 (Endorsement Rqp.'Irod) Here Restricted DallvorY Fee (Endorsement Required) ru rij Total Postage & Fees PS Form 3000'jonp See Reverse for instructions CERTIFIED MAILTM RECEIF (Domestic Mail Only; No Insurance Covers; ni Postage L-n Certified Fee M Foe t eclept i RaWmRn Required) (Endorsement Postmark Here -0 Restricted Delivery Foe (Endorsement Required) nj rti Total Postage & Fees $ M M C3 SOMT or PO Box Na. .. ...... ... - - -------- Tie' A&70 &� M4— ru Er rq CO ru ......... . 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RECEIF (Domestic Mail Only; No Insurance Covera tE ca C3 Postage $ -r C3 Certified Fee Return Receipt Fee (Endorsement Required) Postmark Here C3 RostriLled Delivery Fee E3 (Endorsement Required) C3 Total Postage & Foes L$ -0 0 M Sent To 04 or PO ft Oty, State, Zf" PS Forni 31100, Junk, 24102 See Reverse for Instructions 0 • IJ. ... gyp,..,. N F J g420 t „�V - 5.73 Ac 1 400 ARAGE.a 0 9 ti 99 A,. ag P 1 fAc ; $ PL=Xf57. 79.o 3 c 77 01151, «.i ac 24.63 AL,. Off' 20/262 .0 447�J "." 500 Bo 7. /Y 34 A c...9 4 i 7�r 1 i 1 2 Ac, Pypcfcl. 61 PSI- 75 3 9.2 7Ac vE; 11 Arc- 0 7 ° t.�s • u 7Y �N�� P r j. ?5�,� '.na "� G --� 0 [ ten, yam. 39.. 2 7A cd 2f l G S L soTGIw :. 16 rPa W. A I tl a .;!kip III 0 P. I -fLPARC'ELI. �+IAI /gyp7y I, 1-VV -.��- INTERIOR, C�;r�"z < a,� s PARCEL, ""-.—■- DISTRICT °LINELINE �M � S �� GI o IMPROVEM 29 SU8D LOT N2 7I* 4� , X FEh10E• PARCEL IOU TL1 �N � 1��.. v I� `51 CEA4ETE'RY SECTION ,'��L, `r e CHURCH .: 29AC�. TOTAL _z ,"< �Nell SCH L- ,. E 1WOODED a`"I'iTA PON� rwy�. i a �� aural'° r 41 0 • 0 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: A. 51g gent A&CI-t46l)—1 X 0 Addressee 8. Re i qy (Print e) C. I7 o D ilvery D, is delivery address different from Rom 1? 'U Yes If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4, Restricted Delivery? (Etm Fee) ❑ Yes 2. Article Number r1 (7isnsfer from servlce faW) �j�r�(p (? Oo tj PS Form 3811, February 2004 Domestic Return Receipt t 1 i 1 i U2S9 t .. .. ....... r».-.r•. _..r.r. , I_. .��..l..I..�...�ai-I 11�.sr�slf�rlrlll�, ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Added to: A, Received by (Please Print Clearly) I B. Date of Delivery C.51gn © Addressee D. Is delivery ad x#i}f16 ri n jt m 17 © Yes If YES, en r.d`efivery address r� ❑ No 3. Service Type — -- P4 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4, Restricted Delivery? (Extra Fee) ❑ Yes 7003 2260 0005 5112 8109 PS Form 3811, July 1999 Domestic Return Receipt 102595-00•M-0952 i► • t ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Received by (Please Print Clearly) B to of ell C. Simature 0 Agent 0 Addre. D. Is Oe every address different from item 1 ? Cl Yes If S, enter delivery address below: ❑ No 3. Service Type Certified Mall El Express Mail ❑ Registered ❑ Return Receipt for Merchandise © Insured Mall 0 C.O.D. 4. Restricted Delivery? fExtre Fee) ❑ Yes 2, Article 7003 2260 0005 5112 8192 + PS Form 3811, July 1999 Domestic Return Receipt 102595 00 M 0952 r _ + ■ Complete items 1, 2, and 3, Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpieee, or on the front if space permits. 1. Article Addressed to: we5ley erAl-'IS 33dg 51ell d9oI'Af //4ffe Ale �y �o 7003 2260 0005 5112 8185 A. Received by (Please Print Clearly) I B. Date or Delivery C. Signature ❑ Agent ❑Addressee D. Ts Telivery address different from Item 1 ? 11 Yes If YES, enter delivery address below: ❑ No 3. Service Type 01 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Nerchandise ❑ Insured Mafl 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes PS Form 3811, July 1999 Domestic Return Receipt 102695-00-M-0952 1 y 0 9 • ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Received by (Please Pnnt Cieany) B, D to of elive C. Signature ❑ Agent ❑ Addressee D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: 0 No J. It type Jam+ Certified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt tot Merchandise ❑ Insured Mall ❑ C,p•D, 4. RwcrrirfnA ... •• . •• Li Yes 7003 2260 0005 5112 8123 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mailplece, Or on the front if space permits. ------------ 1. Article Addressed to: 14WIC �Dl r<�#e A. Received by (Please Print Clearly) � B. Date of Delivery �. C. I ture r x , Agent ddressee D. Is delivery address €fferent from ite l? © Yes If YES, enter delivery address below: ❑ No 3. 5ervlce Type PO Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. tiestricted Delivery? (Extra Fee} ❑Yes 2, Arl 7003 2260 0005 511,2 8116 PS Form 3811, July 1999 Domestic Return Receipt t025B5 o€)-M•OB52 0 0 State of North Carolina Department of Environment, Health and Natural Resources Division of Land Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Charles H, Gardner, P.G., P,E. Director and State Geologist July 24, 1997 Mr. Ottrue Evans, Jr. 553 Wesley Trail SW Supply, North Carolina 28462 RE: AVS Mine Brunswick County Lumber River Basin Dear Mr. Evans: 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, r am enclosing the mining permit. The conditions of Mining Permit No. 10-10 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 July 18, 2007. G.S. 74-65 states that the issuance of a mining permit does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. As a reminder, your permitted this site are both 1.8 acres, as on the mine map received by the 1997. acreage and affected acreage for indicated in the application and Land Quality Section on May 14, Geological Survey Section Land Quality Section Geodetic Survey Section (919)733-2423 (919)733-4574 (919)733-3836 FAX: (919) 733-0900 FAX: 733-2876 FAX: 733-4407 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-3833 FAX 919-733-4407 An Equal Opportunity Affirmative Action Employer 50%recydedl 10% post-c onsumer paper Mr. Ottrue Evans, Jr. July 24, 1997 Page 2 Please review the permit and notify this office at (91.9) 733- 4574 of any objection or questions concerning the terms of the permit. Since ely, Tracy E. Davis, F.E. State Mining Specialist Land Quality Section TED/tls Enclosures cc: Mr. Daniel E. Dams, P.E. Ms. Barbara Rote-WRC, w/enclosures Mr. Bradley Bennett-DWQ, w/enclosures 0 DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971,11 Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Ottrue Evans, Jr. AVS Mine Brunswick County - Permit No. 10-10 for the operation of a Sand and Marl Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: July 21, 2007 Page 2 of 8 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment, Health and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until July 21, 2007. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: Page 3 of S OPERATING CONDITIONS: 1. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. f' B.] Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Section, Division of Water Quality, to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation or into the existing sediment basin. C. The existing sediment basin shall be repaired, maintained and utilized during dewatering activities to prevent sediment from being pumped directly into the natural stream leaving the site. D.� Dewatering shall be limited to the pit outlined in green on µ< the attached mine map. In addition, the pipe inlet shall be suspended above the bottom at all times during dewatering. Page 4 of 8 i 5.) All mining permit boundaries (1.8 acres) shall be permanently L_...% marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and falls shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum, of 1.0 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment, Health and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. 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. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. Page 5 of 8 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13.)) The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $1,000.00 Assignment of Savings Account is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 of S APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted' conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. Page 7 of 8 2. 3. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10.A. and B. E. The affected land shall be graded to prevent the collection of noxious or foul water. Revegetation Plan: After site preparation, all disturbed revegetated as per the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October 25 October 25- February 15 Soil Amendments land areas shall be Species Rate, Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime- 2000 lbs/acre or follow recommendations from a soil test. Fertilizer- 1000 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 lbs/acre and anchored appropriately. Page 8 of 8 In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. , Permit issued this 21st day of July, 1997. By: Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment, Health and Natural Resources Z11i� I - I 77 All 5N N 1 I V Sr�f.�'S a-- o'/ _fit4 IV I!F 5 5 V A NS o�� I-..: . TRANSMISSION VERIFICATION REPORT TIME 10/25/2005 13:43 NAME NC DENR DLR FAX 9197158001 TEL :.9197333833 SER.0 : xxxxxxxxxxxx DATE,TIME 10/25 13.38 FAX NO./NAME 919107548973 DURATION 00:05:12 PAGE(S) 12 RESULT OK MODE STANDARD ECM r 714w ��c1�M�E ioN North Carolina Department of Environment and Natural Resources Division of Land Resources - Land Quality Section Mining Program 1612 Mail Service Center, Raleigh, North Carolina 27699 (919) 733-4574 Fax: (919) 715-8801 FAX COVER SHEET FAX NUMBER TRANSMITTED TO: /() — 175-Y -- To: - Otu-tAu— GAWK Of: From: RE: Date: COMMENTS: *I1± YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT (919) 733-4574. �']"...�..lrn`�:Fr'."AFY•y+ly�+./r"'-n,dl, ��. t'+ti+rf Yi. 1..:Y".'+.—.�-rv"r-f`^`+r...ri`i1-.:Y.+—..-��w--...M.^ti!�^.Y..4.-r`"v.1...,.•iw'ti/•"�^'Y�KL^Y4`..'L!'.+\i::�J,A'^-. .. ...+'� r �.J�.f e North Carolina Department of Environment and Natur sources Division of Land Resources, Land Quality Sect l - MINE INSPECTION REPORT lJl1 JUN 30 2000 1 (PERMITTED MINE) 1. MINE NAME A V� `� J1�c Q. �1-�1sg.� 2. MINING PE I 3. OPERATOR -�'4. COUN QV4kTy-AFCT10N. 5. ADDRESS i' A, 6. PERMIT EXPIRATION DA E a 1 120Q. VER BASIN 8. Person(s) contacted at site ):) 9. Was mine operating at time of inspection? ❑ Yes Fq,5jo 10. Pictures? ❑ Yes ❑ No 11. Date last inspected: 0 I'd I I 12. Any mining since last inspection? ❑ Yes M,46 13, Is the mine in compliance with the Operating Conditions of the Permit? D-ees ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No If no, explain: _ bj I t1P. s4-+ 11 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ❑ No If yes, describe the type and severity of the damage: N >r 16. Corrective measures needed and/or taken: ,A2 t3 —. 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +/-map accurate? Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes No Proposed date 1 I 20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator / 1 LL� ,p (date) INSPECTED BY: 1 I�0IL-n C ley ��U[./t,r- DATE G % l�� /� �� Telephone No: /Q ) 3 9 S - 39 D 0 White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 North Carolina Department of Environment and Natural P Division of Land Resources, Land Quality Section (.PERMITTED MINE) 1. MINE NAME �-no'- r 2. MINING PERMIT# 3. OPERATOR /�r�� c` e � k'f 0 -5 4. COUNTY 61U.1 L1 5. ADDRESS 55 3 0< a he r ! c 6. PERMIT EXPIRATION DATE —/ PC's7 7.'RIVEA BASIN 8. Person(s) contacted at site 9. Was mine operating at time of inspection? ❑ Yes No 10. Pictures? ❑ Yes O No 11. Date last inspected: I_ _ I _/ 7 12. Any mining since last inspection? ❑ Yes Pf No 13. Is the mine in compliance with the Operating Conditions of the Permit? 2TYes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? �Q"Yes ❑ No If no, explain: 15, Did any of the above deficiencies result in offsite damage? ❑ Yes D'No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: x_c G�L�CLC G -�- c.�•�!%t_Z��c Vt 6L_.r� 1AA C .4-Lc cam, �? _ 4 n, iv (rr r /0 w. , e m / -1 IS. Is the Annual Reclamation Report+/ -map accurate? J�Yes ❑ No (Explain) ❑ Not Reviewed tiaras �3tt'ur. «! 19. FolIow-up inspection needed? ❑ Yes ,a"No Proposed date 20. No. of additional pages of Inspection Report 0 , 21. Copy of Report sent to operators I I ' (date) INSPECTED BY: r..t. �Y�'��t"` DATE c'�) / S / % 7 Telephone No: ( 17/6 ) 395_ 3fdd White copy to file Yellow copy to operator Phik copy to Mitring Specialist 10197 r Date S 7 MrMnpaNni iM TO: File FROM: Susan Edwards) SUBJECT: Notice of Issuance of Mining Permit io /d A c y o �ea �ache otic of ssuan��ng Permit" was sent to all people listed in the Affidavit of Notification and any additional people who sent in letters. If a public hearing was held, a copy of the "Notice of Issuance of Mining Permit" was sent to all people who signed the sign in sheet at the public hearing. My initials, written in red, will be beside the names of the people in the file who were sent this "Notice". cc: Regional Engineer NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining land owner in the application for a mining permit filed by Mr. Ottrue Evans, Jr. to conduct mining activities off SR 1132 in Brunswick County. The mining permit (no. 10-10) was issued on July 21, 1997. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150E-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed -in the Office of Administrative Hearings within sixty (60) days of the mailing of this. notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150B-23. File the original petition and one copy with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, N. C. 27611-7447. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment, Health and Natural Resources by mailing a copy of the petition to Mr. Richard B. Whisnant, Registered Agent and General Counsel, Post Office Box 27687, Raleigh, North Carolina 27611. Charles H. Gardner Director Division of Land Resources North Carolina Department of Environment, Health and Natural Resources This notice was mailed on % V _ Susan Edwards Mining Program Secretary • z �r <_� z r s o kEVESED TN 5/L96 Y 3 Z m e .IXV A LEGEND ..... .... PRIMITIVE Ok VNIMPPOVED ROAD . GRADED NND DRAINED ROAD .._..... SOIL,GRAVEL OR STONE SURFACED ROAD BARD SURFACEfl ROAD —,.....,,.....„,. A LINE UNDIVIDED HIGHWAY DIVIDED HIGHWAY HIGHWAY WITH FRONTAGE ROADS ......................................FULL CONTROL ACCESS N5 NON-SYSTLM ROAD ......... PROJECTED LOCATION INTERSEC"[iON D15iANCE • TRAFFIC CIRCLE I' HIGHWAY INTERCHANGE i DETAILED HIGHWAY INTERCHANGF ROAD THROUGH MOUNTAIN PASS :. !. � M„',e.n: I -'�� tK` '-'--•r.....--- HIGHWAY BRIDGE .. I 3*,'s / • � o JNDERPASS DRAW SPAN ON BRIDGE IlllHwAl TUNNE.I rvf • „ems a _ . A FORD INTERSTATE HIGHWAY ... \ � � U.S. NUMBERED HIGHWAY INSET 2 N _ _ _ . _ E / • r k f ACI_e r N C NUMhI RF0 HIGHWAY U $ NUMBERED BICYCLE ROUTE O ` 5 N+" N.C. NUMBERED BICYCLE ROUTE €SL ANp INTERS.. .. BCR "ATE iNiERcH.AINGC NUM SECONDARY ROAD NUMBER CABLE RAILK USED AD, SINGLE NUMBER IN TRACKS o. U B SINGLE OPERATING COMPANY o- +.. ....:•F 4 ,' l� �ff' p USED " .. USED BY MORE NUMBER OF TRACKS ^ U'"•". / •:• '.: ' t . USED BY MORE TEiAN ONE OPERATION �. •''; `. f -y ........: .....:.. COMPANY ON SAmF OR A;)jACENT AY ", e� fIJ • - f RAILROAD STATION GRADE CR0551NG a UNDERPASS .. ,ul O i - ..... .. OVERPASS SHALLOTTE RAILROAD TUNNEL i POP 1,176 „ \ ...... ....... INSET AREA BOUNDARYLrlNF SION Tc.., .. R.fSFRVATION OK } °a'• ..'� PARK BOUNDARY -. II ( I"El CRY UMI" . — — COUNTY LIVE t- • .� y _) 7 .. — -- — STALE LINE -; _ '�,. A ENCORPORq FED CITY OR VILL?GE; .GEN FRALIIEL7. -i -,• FREE OR TOU FFRRY V ... •Y( ..... N RC ,W STREAM l . n'• R.:m:.. ' .. .. ... ... ...... .... ....::...: .. .. N:. � WIDE STREAM -3-- I- pAAc WITH LOCK ic._... DAM. ' i • .,AMPB RE5_RVCIR PO1v0.[1A ,s K_ a AN" ! ! 1 COh MUNIT, AND TOWN CEriTFR v: AQUNPY SEA'. i1 i I. s I r. COLIEC,E OR UNIVERSITY 'j �n ,• :. v;.�_ 4 > ` r 1 + HOSPITAL. C. • HIiRCH w, JAR( CHURCHE WITH CEMETERY � CEMETERY PATROL STATION CCRRECTlONAL OR PENAL INSTN f r. t - __ •.' .. HIGHWAY GRRAGE OR htA1NT. YARD PfE STATION MI.. Oi`iICE WEiG HIGHWAY DIV O MONUMLN1-SMALL HISTORICAL SITE ij� MOUNTAIN PEAK 61 . Crw4cnAx E. • ��- L� u�o�s�—� CALABASH \ � PfiP 139L1 gAl SMITH • A y �y b AND l: r 1r F m �.. ISLAND coLxws NECK ram% 4� -------------- L l $ A+$s' REACT h]P SRIANGGULra STATIOAATIO F N • d I r "t I e COAST GUARD STATION MILITARY AIRFIELD • +. } (J _ COMJhERCEAi OR MUNICIPAL FIELD • • "' », d sYa, HANGAR ON FIFI.D } 1 DING STRIP 'II': n 1 -, y` - - . ... l�.J" - .. 1 , f .YMM) AVX€LARY FIELD ... .. .. E`'r�, rl , BRUNSWICK Cuo"'UNTT �,, ---'- NORTH CAROLINA M� d PREPARED BY THE Al NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS — GiS UNIT TI,`f+.4 h IN CU!3p[RATI0r< w1711 714E •� ,, zEK '^y U.S.DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION rl BATTERY 4 MRES +/✓� I � ......... ... ..................................................... O 5 t MILE - -_ AND / / •`.. , ... ...... .. .......... S 5 A it FOR ENLARGEMENTS f' w... :_F /. •: :� a+np SHEET I OF 3 BRUNSWICK COUNTY pig .............................................................................................. State of North Carolina Department of Environment, Health and Natural Resources Division of Land Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Charles H. Gardner, P.G., P,E. Director and State Geologist June 18, 1997 Mr. Ottrue Evans, sr. 553 Wesley Trail SW Supply, North'Carolina 28462 RE: AVS Mine Brunswick County Lumber River Basin Dear Mr. Evans: A 'T:1� �EHNR Your application for a mining permit for the above referenced mine site has been reviewed. Enclosed is a draft of the mining permit proposed by the Department. The conditions in the draft permit were based primarily upon information supplied in your application with conditions added if necessary to ensure compliance with The Mining. Act, of 1971. The reclamation bond has-been calculated for this-tite using the information submitted on the mine map received by the Land Quality Section on May 14, 1997 (see enclosed worksheet)..The'bond amount for this site is $1,000.00. For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the __secur.ity__ form _must_. _be_. the same _ as__ the name __appearing _on. _the enclosed draft permit. In addition to one of these alternatives you may, upon request, substitute a cash deposit. Please review the draft permit and the reclamation bond worksheet and contact this office should you have any objection or question concerning the permit conditions. G.S. 74-51 provides the operator 60 days following the mailing of application approval notice in which to file the required surety. The permit will be issued when the required security has-been received. No mining may be conducted until the permit is issued. G.S. 74-65 states that the issuance of a mining permit does_not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. Geological Survey Section Land Quality Section Geodetic Survey Section (919)733-2423 (919)733-4574 (919)733-3836 FAX: (919) 733-0900 FAX: 733 2876 FAX: 733-4407 P.Q. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-3833 FAX 919-733-4407 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper Mr. Evans Page 2 Please contact me at (919) 733-4574 if you should have any questions concerning this matter. Sincerely, Tracy E. Davis, P.E. State Mining'Specialist Land Quality Section TED/tls Enclosures f . cc: Mr. Daniel E. Sams, P.E. DEPARTMENT O F ENV= RONMENT HEALTH AND NATURAL RESOURCES D = V2 S = ON OF LAND RESOURCE S LAND QUAL = TY S E CT 2 ON P E R M = T for the operation of a mining activity In accordance with the provisions of'G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 1.5A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Ottrue Evans, Sr. AVS Mine Brunswick County - Permit No. for the operation of a - - ---- -----._-._.Sand -and- Marl Mine — -- -- which shall provide that the -usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the 'greatest practical degree of protection, and restoration. MINING PERMIT EXPIRATION DATE: June *.,_* Page 2 of 8 In accordance with the application for this mining permit, which. is hereby approved by the Department of Environment, Health and Natural Resources, hereinafter referred .to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and.conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, -terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until June *f****. Conditions This permit shall be• subject to the provisions of the Mining Act,' N.C.G.S. 74-46, et. seq.; and- to the following conditions and limitations: Page 3 of 8 gPERATING CONDITIONS: 1. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Section, Division of Water Quality, to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to. prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in._ accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. . _ A.. --_Adequate . mechanical. _.barriers , _including. .but _.not .limited to diversions, earthen dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area .around the mine excavation shall be diverted internal to said excavation or into the existing sediment basin. C. The existing sediment basin shall be repaired, maintained and utilized during dewatering activities to prevent sediment from being pumped directly into the natural stream leaving the site. D. ' Dewatering shall be limited to the pit outlined in green on the attached mine map. In addition, the pipe inlet shall be suspended above the bottom at all times during dewatering. Page 4 of 8 5. All mining permit boundaries (1.8 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater .than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum' of 10 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment, Health and Natural Resources. The method of disposal shall be consistent with the approved.reclamation plan. 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. 11. An Annual Reclamation Report shall be -submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. Page 5 of 8 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in .the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $*.00 *bond is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examine- and the chief archaeologist, North Carolina Division of Archives and History. Page 6 of 8 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan.is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum. Standards As Provided By G.S.,74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2.. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is -in accordance -with accepted conservation ,practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion ortermination of mining. RECLAMATI-ON_CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. Page 7 of 8 2. 3. The specifications for surface gradient restoration to a surface suitable for the planned future use.are,as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10.A. and B. E. The affected land shall be graded to prevent the collection of noxious or foul water. Reveaetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1-- October 25 October 25- February 15 Soil Amendments Species Rate, Lbs Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop . 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime- 2000 lbs/acre or follow recommendations from a soil test. Fertilizer- 1000 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 lbs/acre and anchored appropriately. Page 8 of 8 In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this *th day of *, 1997. By: Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment, Health and Natural Resources (based upon 10-year 1 10/lf/95 plan) „ mine/affected area Permit No . l0—/O _ Permit tee/Applicant':- ` Mine Name ' AFFECTED RECLAMATION RECLAMMON CATEGORY ACREAGE COST/ACRE COST Tailings/ Sediment Ponds Ac. X $ / Ac. _ $ Stockpiles Ac. X $ / Ac. _ $ Wastepiles Ac. X $ / Ac. - $ Processing Area/ Haul' Roads Ac. X $ / Ac. _ $ Mine Excavation , Ac. X $ �yy / Ac. Other Ac. X $ / P_c . , _ $ TOTAL AFFECTED AC.: 4 6 Ac. Temr rare & Permanent Sedim tation & Erosion Control Mea ores: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/ exis t i na -excavation and/or b) 'affected acres that will be graded for positive drainage, measures will be needed to prevent offsite sediment a) Internal Drainage % .Ac. b) Positive Drainage Ac. X $ 1500 / Ac. - $ SUBTOTAL COST: $ inflation Factor: 0.02 X SUBTOTAL COST: X permit life: +I -to 10 years) INFLATION COST: $ 47 ° . e j TOTAL COST = SUBTOTAL COST + INFLATION COST TOTAL RECLAMATION BOND COST: $ d00.a� (round down to the nearest $100) N.C. Department of Environment, Health, and Natural Resources Di%ision of Land Resources, Land Quality Section /7 Telephone Log I];ttc:��J�� Sheet of Time.- Z O"am Cail: Placed 0—Ftcccivcd p O Pm Returned O 1. Project: 0 County: lelk --� 2. Conversation with: 6-)eff' &0.' 5'r Telephone: (WO) 7sy`4y4f 3. Affiliation' ��'� -Am _ 4. Content of conversauon: 14ita. : e L✓l, f. cc: Pro, S 4-* .-s Filed (based upon 10-year mine/affected area 10/li/95 plan) Permit No. Permit tee/Appl i cant: o" �f_r/iL7— 5,r, Mine Name : B.,W; . AFFECTS RECLAMATION RECLAMMON CATEGORY ACREAGE COST/ACRE COST Tailings/ Sediment Ponds Ac. X $ / Ac. _ $ Stockpiles Ac. X $ / Ac. _ $ Wastepiles Ac. X $ / Ac. _ $ Processing Area/ Haul Roads Ac. X $ / Ac. - $ Mine Excavation_ Ac. X $ Ac. _ $ pd0� Other Ac. X $ / Ac., _ $ TOTAL AFFECTED AC.: A e Ac. TempQrary & Permanent Sedimentation& Erosion Control Measure 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, measures will be needed to prevent offsite sediment -a) Internal Drainage Ac. b)TPos�tive Drainage Ac. X $ 1500 /-Ac:' _ $ �'. SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X permit life: (1 to 10 years) INFLATION COST: $ /a o• o�' TOTAL COST = SUBTOTAL COST + INFLATION COST -- $ IdBd.ad TOTAL RECLAMATION BOND COST: $ ! 000. a.d (round down to the nearest $100) Bond Based Upon: Annual Reclamation Report Form Acreage / Approved iQ-Year•Mine%Reclamation Plan ✓ Remarks: Bond Calculated By: D� Date of Bond Calculation: * PLEASE REMIT THE REQUIRED BOND; ON ONE OF THE BOND FORMS APPROVED BY THE DEPARTMENT, AS SOON AS POSSIBLE TO OBTAIN YOUR NEW MINING PERMIT OR TO ENSURE THAT YOUR EXISTING MINING PERMIT REMAINS VALID. IF YOU SHOULD HAVE ANY QUESTIONS ON THE ABOVE, PLEASE CONTACT THE INDIVIDUAL WHO CALCULATED YOUR BOND AT (919) 733-4574. ® North Carolina Wildlife Resources Commission KN 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fultwood, Executive Director MEMORANDUM TO: Susan B. Edwards Land Quality Section FROM: Bennett Wynne Habitat Conservation Program DATE: June 12, 1997 By JUN 13 1997 r JI SUBJECT: Mining Permit Application Request for Mr. Ottrue Evans, Sr., AVS Mine - Permit No. 10-10, off SR 1132, Brunswick County, North Carolina. Wildlife Resources Commission staff have reviewed the subject request for a mining permit. A site visit was made on June 11, 1997. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the North Carolina Mining Act of 1971 (as amended, 1982; G.S. 74-76 et seq., 15 NCAC 5). The applicant is requesting a permit allowing sand/marl mining of approximately 0.5 acre adjacent to a previously mined site near Shallotte. The land surface of the proposed site appears to be high ground and has already been disturbed at some point in the past. Water is to be discharged from the mine pit into a reclaimed pond through which a small stream flows. In the past, it appears mine wastewater has been pumped into a sediment retention pond before being pumped into the reclaimed pond. The berm for the sediment retention pond has been breached, however, by erosion. Consequently, potential exists for stream substrate and water quality decline downstream if mining activity resumes. This would adversely affect fisheries habitat. Based on this concern, we recommend that mining permit issuance be conditioned as follows. 1. The existing sediment retention pond is repaired or a new one is constructed. 2. The Division of Water Quality is consulted regarding the need for obtaining a NPDES permit to discharge mine wastewater. Thank you for the opportunity to comment on this project. if you need to discuss these comments or need additional assistance, please call me at (919) 522-9736. cc: applicant, s:lboatfishlhabconlcoastld4 (mineays.doc) .N State of North Ccono Department of Environment, Health and Natural Resources Division of Land Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Charles Gardner, P.G., P.E. Director and State Geologist May 15, 1997 MEMORANDUM 7ir L)A� CDEHNFR To: Mr. Bennett Wynne Habitat Conservation Program Coordinator Wildlife Resources Commission From: Susan B. Edwards Mining Program Secretary Land Quality Section Re: Mining Permit Application Request for Mr. Ottrue Evans, Sr. AVS Mine - Permit No. 10-10 Brunswick County Please find attached for your review a copy of the mining permit application for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G. S. 74-51 (2)). Please respond by June 12, 1997 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Mr. Tony Sample at (919) 733-4574 if you have any questions. SBE Attachments cc: Mr. Dan Sams Geological Survey Section Land Quality Section Geodetic Survey Section (919) 733-2423 919 733-4574 (919) 733-3836 FAX: (919) 733-0900 FAX: 733-4407 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-3833 FAX 919-733-4407 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper �b -t -3AR-r, kvo2 ... 0 0 K7 • \ e ' 0 0 Z 427 207 836 US Postal 5erAce Mail Receipt for Certrti No Insurance Coverage Providdee d Do not use for Irttemational Mai See reverse Sant LO �C•-aP��L�r 5� We P A Postage $ cafed Fee,: I $Defifty pedal mFee Radon Recap- snowarg �^' E r Vo a data Delivered m ! a �rnReceiPfSitcwir9m�om. � C6`�j Q Date 5 Ad&meds Adders O TOTAL Postage 6 Fees $ li m E or D Pesdnadc ate u- a L66L C Z OW Z 427 :2fl7 838 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do not use for Intemational Mad See reverse Sent w� � �- O d I�hat�ber 9.s $a Post Olfice P Code A/C Y Postage $ CerffW Fee o SpedW DeWery Fee Rwt t Ln n : Who,,, cL ReW Ren t to Q Dam a -0 mTOTAL Postage $ PosdnaA or Data `o u- rn a . C] • I a 4 Pursuant to provisions G.S. -e NOTICE •4 74-50 6 The Mining Act of 1971, Notice is hereby given that has applied on (pate) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health, and Natural Resources, P. O. Box 27687, eigh, North Carolina 27611, for (check one): (a) anew surface mining permit (b) a mo 'n to add adjacent land to an existing surface mining permit 11 The applicant proposes to mine S W c9 r A / on • 1 acres located (Mineral, Ore) (Number) of (Miles) (Direction) (Nearest Town) - off/near road 1- in 2,--" -•-5 r r" (Road Number/Name) (Name of County) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify the chief administrative officer of the county or municipality in which the site is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For further information call (919) 733-4574. _ e _DgMment _ el --written 141 ct �-I"Q "1 s Name and Address) ;uanbe of this Notice/Mailed to Addressee) 4�'-'r4R 'ec/►-- Y:5 3y (Address of Applicant) -17- Z>Cvp • • NOTICE 1 Pursuant to provisions G.S. 74-50 of;The Mining Act of 1971, Notice is hereby given that has applied on GAL (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health, and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one): (a) a nm surface mining permit (b) a madif'c ion to add adjacent land to an existing surface mining permit The applicant proposes to mine - ! a "1c4 Q• l on _ --d _ _ acres located (Mineral, Ore) (Number) 3 of 5_l�a ( (044 -e (Miles) (Direction) (Nearest Town) off/near road 4 /veo inl� (Roacf Number/Name) (Name of County) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify the chief administrative officer of the county or municipality in which the site is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For further information call (919) 733-4574. Please note .that the _Denadmgat will -onsiderany relevant wri(ee C. f1o'te(e,-•-f3e,��- (Addressee's Name and Address) ;r 1?/? (Date of Issuance of this Notice/Mailed to Addressee) �0 -(Name of Applicant) (A dress of Applicant) I -17- �••4�.•�Y%Y�u""^/�1V.�a'�i'y�itVS'v'Rjty("�...'•�-.why'��Aryy�....Tye'hfrL�It'A.1�4'„`wiS.�V^ti'-'!�r-r��..+"`T^T!'�y"'"�r�Tl•-C�""^ � Jf/�ti1�M1� _�..'r-�.._ �•, �" DATE • TO ASSISTANT � § : 9-7 DATE USAN LOGGED IN 1 i MINING - CIMCKLIST FOR, ROUTING Company 0fi6. S�, Project Name _gJZ4S Lr'xf�r•�i p , Permit No. ®-JO County _ W Vu c,�, ��.� Date Received Reviewer Please make copies of check to include with Central Office and Field Office files and log in checks. * LJ New ❑ Renewal ❑ Mo dification ❑ Transfer ❑ Release ❑ Additional Information LJ Fee Needed %0 d•" l� D— Fee Received: Amount Please route to: LJ l�/i/lylx�5 Field Office L_J wildlife Resources Commission * ❑ Archives and History F Date Routedl 7 Date Routed 5- -/ 7 7 "&F— Date Routed Other: Date Routed Suspense Date for Comments: not on weekend) ❑ Please note the following: Ll i {Date.received +30 days, *StTSAN,.--Pleas e-make-ti a and return Checklist and file to Reviewer - White Copy to Field Office Yellow and Pink Copies to File A Goldenrod Copy to Susan, v -1 9 a y/ s�w� o/ g M 99;:- l,e } h/� 7� fJ /O a' 'u %> �Jo7 �, ✓J'p�' �.,J 1Ql vi Im r� � x View Ask Report Create Modify Image Forms Tools Scripts Exit _[•] Standard Form - - - [2J==�i Permit No.: 10-10 Owner: ALBERT H OUTLAW County: BRUNS Mine Name: AVS MINE • Region: 8 Contact Person: ALBERT H OUTLAW Phone: 919-754-6944 Mailing Address: P 0 BOX 957 City: SHALLOTTE State: NC Zip: 28459 - Commodity Code: SG Application Rec'd Date: 11/18/83 Issue Date: 3/18/84 Public Hearing Date: Permit Revised Date: Expiration Date: 3/22/95 Total Acres Permitted: 20 Date Denied: Total Acres Bonded: Mine Status: A Type of Bond: B01 Release Date: Bond Amount: 2,500.00 ARR Rec'd Date: 6/26/95 Last Inspection: 6/01/92 Next Inspection: Last NOV: Last NOD: No. Insp/Yr: 0 No. Insp to Date: 0 River Basin: Latitude: 3397833 Longitude: 7832483 Quadrangle: *ACRES DISTURBED ANNUALLY* (no. 2 on ARR form) • 110 of 1507 :_ >:► J F7 Table Ct 1-P U Prev Ctrl-P Dn Next Alt-F9 CoEdit Main F1 Help ab r g p g } ,L� � e � �, f - � ,r .. . � ' � , .- !, i 2 i y 1 - � � 1 � ' �. .. I i + , � � .. _. • , - _ «_ State of North Cblina Department of Ermronment, Health and Natural Resources Division of Land Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Charles Gardner, P.G., P,E. Director and State Geologist May 14, 1997 Mr. Ottrue Evans, Sr. 553 Wesley Trail SW Supply, North Carolina 28462 Re: Expired Permit No. 10-10 Application Received: May 14, 1997 Brunswick County Lumber River Basin Dear. � Mr . Evans: A cursory review has been completed on the .information you submitted for the above referenced mine site. The information noted on the attached checklist is required to complete your application. If the information has not been received by this office by the indicated deadline, your application may be disapproved. PLEASE BE ADVISED THAT YOUR APPLICATION IS NOT COMPLETE UNTIL ALL OF THE ITEMS LISTED ON THE ATTACHED'CHECKLIST HAVE BEEN FULLY ADDRESSED. 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 P. O: Box 27687 Raleigh, N. C. 27611 Please contact me at ( 919 ) 733-4574 if you have any questions. Sincerely, ample, C.P.E.S.C. Assistant State Mining Specialist Land Quality section cc: Mr. D$niel E. Sams, P.E. Geological SIuvey Sec�lon Land Quality Secfion Geodetic Survey Section (919) 733-2423 (919) 733-4574 (919) 733-3836 FAX: (919) 733-M FAX: 733-2876 FAX: 733-4407 P.O. Box 27687. Raleigh, Norio Carolina 27611-7687 Telephone 919-733-3833 FAX 919-7 33-4407 An Equal Opportunity Affirmative Acfion Employer 50%recycled/ 10%post-consumer paper CHECKLIST FOR REQUIRED INFORMATION The following information is required by 15A NCAC 5B .0004 and . 00,L2 in order for the_. avtt�lication_ to be deemed complete_._ If the information is not received within 'in 'daYs of the date of this checklist, the review will cease and the application file will be closed or your application may be disapproved. Applicant: Ott ue Evans Date: 5,14Z27 Project: AVS mine Time called: Application/Permit No: 10-10 County: B uns Initials: t-ls Date Received: 5/14/92 : Mining permit boundary missing or confusing on map. : Buffer zones missing from map. : Access road and appropriate sediment and erosion control devices missing. : Location map sufficient to allow on -site inspection was not provided. : Stockpile and processing areas not indicated on.the mine map.. : Land entry agreement not provided (for leased land_). :-Affidavit of Notification not completed and notarized. X : Notification of all adjoining. landowners not complete. Copies _.--- of the return - 'receipt- cards not submitted. X : Appropriate application fee not submitted. ADDITIONAL $100.00 REQUIRED Other: :7 EVANS DUMPTRUCK SERVICE OTTRUE EVANS (OWNER) 553 WESLEY TRL. SW PH. (410) 754-6381 SUPPLY, NC 28462 PAY TO THE ORDER OF —11Z NP 2175 I� 66-25/53f 19 623A Oe 40 LARS�' a. I� kafionsBank NationsBnnk, N.A. y �f Carolinas tit M NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, AND NATURAL RESOURCES 1. Name of 2. Name of Applicant* LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) Vii `e County 3. Permanent address for receipt of official mail** l_ _�'��/v� e �'c/w-vim- 5 rZ -- -5W -SC-A n,--)10 _ f\J-(Z �g V 6 2 /3 -2 C— C%-- 4. Mine Office Address S Telephone 5. Mine Manager `� t �e �.ti1'&yr j _ _ 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. ** Print 2 Title A e Sd C�i� Date * This will be the name that the mm�ng permit will be issued to and the naMe that muSt be illdiQgtod on the reclamation bond or gther morilythat corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a com2l application or, if a public hearingis held, within 30 days followingg the hearing and the filing of any supplemental information required by the Department. All questions must be addressed tl d all required maps provided before this application can be considered complete. Attach additional sheets as needed. • • APPLICATION FOR A MINING PERMIT ■ • All of the following questions must be thoroughly answered With regards to your mining operation for the intended life of the mine. All responses MILA be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE M iE Answer aU of the following that apply: 1. a. If this is an application for a NM permit, indicate the total acreage at the site to be covered by the permit this is the acreage that the "new permit" fee willased upon): Of this acreage, how much is owned and how much i leased? Acres owned: 6Acres leased: Property owner if leased: A-4i,Afe-,&- b. If this is an ap lication for RENEWAL of a mining permit, indicate the minim permit number and the total Fverall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): c. If this is an application for a MMIFICATION to a minim 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 ppreviously 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 w`lli be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes No_. If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete a of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes_ No_ (if no, a "minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based u: d. If this is an application for TRANS of a mining permit, indicate the mining permit number and the totaloverall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Indicate the approximate longitude and latitude, in degrees -minutes -seconds, of the center of the mine site: LONGITUDE (dd-mm-ss): Quadrangle: LATITUDE (dd-mm-ss): — 3. Name of all materials mined:_- -2- • 0 APPLICATION FOR A MINING PERMIT / 4. N�:& method: Hydraulic Dredge Front-end Loader & Truck Shovel & Truck '✓ e & Truck Self -loading Scraper Other (explain) 5. a. Expected maximum depth of mine (feet)Reference elevation: b. Expected average depth of mute (feet) 6. Has any area(s) at this site been mined in the past? Yes ✓o If no, proceed to Question 7. a. Acreage of previously affected land(s) at present site that has not been reclaimed: acres (identify all areas on your mute s)). b. When and by whom was this activity conducted ,6 U 5 C. Acreage of previously affected land at resent site that has been reclaimed: Ad acres (identify all areas on your mine map(V d. When and by whom was this activity conducted? e. Do you wish to exclude any area noted in 6a or c from this permit application? Yes:_No . If yes, now much? acres (identify all areas on your mine map(s)). 7. Present (pre -mining) use of the land (estimate acreage for,,each): Cropland acres Pasture acres Forestry 2 acres Fish/Wildlife acres Recreation acres Other acres (Specify use: 8. Proposed land use after mining and reclamation has been completed (estimate acreage for each): Cropland acres Pasture acres Forestry acres Fish/Wildlife acres 4%� Recreation acres Other acres (Specify use: _ _ _ l 9. Number of years for which the permit is requested (10 years maximum): I a B. MAPS 1. Four (4) copies of the county highway maps and four (4) copies of all mine maps and reclamation maps shall be submitted with each permit application. County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 Clearly label and mark the location of your mining operation on the county highway maps. -3- APPLICATION FOR A MVMG PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits canVnfy- be issued for up to 10 years; thus, all mine and reclamation maps must onnlly denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of --way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. gg Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. Outline and acreage of all settling and/or processing wastewater ponds. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100 year flood lain limits and wetland boundaries. o. Names of owners of record, both public and private, of all adjoining land. p. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales must, at a minimum, meet the following guidelines: PERM rr= ACREAGE MAP SCALE 0-99 Acres - i inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 inch = 200 feet -4- 0 • APPLICATION FOR A NUNING PE UMT A tablelchart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A tabletchart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles (� Wastepiles 6 Processing Area/Haul Roads fl Mine Excavation Q ,� Other Ze0.7 )QU r;-�C" NOS IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE - SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. a. Will the operation involve washing material mined, recycling process water, or other waste water handling? Yes No�If yes, briefly descnbe all such processes including any chemicals to be used. b. Will the poration involve dischar in fresh or waste water from the mine or plant? Yes 'No—. 1f yes, bdR describe the nature of the discharge and loocare all proposed discharge points (along with their method of stabilization) on your mine map(s). u--f 'i I katil 1>0 4&ke- Will of the proposed mine excavation(s) extend below the water tabl Yes lJo_. If yes, do you intend to dewater the excavation(s)? Yes o . If yes, what impact, if any, will mine dewaterin have on neighboring wells? Locate all existing wails on the mine map(s) that lie within 5007et of the proposed excavation area. Provide data to support any conclusions or statements made. Indicate whether the proposed mine locale is served by a public water system or private wells. d. If the mine will extend below the. water table, what i the pre -mining depth (in feet) to the seasonal high and low ground water tables? High ,.,�ft. Low -C2_ft. What is the source of this information? e. If you answered yes to any of the above questions, provide evidence that yyou have a lied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, etc. (from the Division of Environmental Management, Water Quality Section. eke . YY • • APPLICATION FOR A MINING PERWr 2. a, Will the operation iny6lve crushing or any other air contaminant emissions? Yes No ►/ If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Environmental Management, Air Quality Section, or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? 1i� y k6 P � SSG 3. Describe in detail the chronological sequence of land disturbing activities and reference the sequence to the mine map(s). Attac?addildliosheets as needed. sF Y YZ 4. Describe 'fic erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering- designs and calculations shall be required when needed to justify the adequacy of any proposed measures. All Dog fjs� g e air, -7- APPLICATION FOR A MINING PERNUT S. a. How wide a buffer will be maintained between any mining activity and any adjoining permit boundary or right-of-way? Buffers must be located within the permit boundaries. Buffers along permit boundaries must be, at a minimum, unexcavated buffers. Show all br4,f`er locations and Widths on the mine map(s). b. How wide a buffer will be maintained between any land disturbing activities within the permit boundaries and any natural watercourses and wetlands? Buffers along natural watercourses and wetlands must be tndisturbW. Show all bci,8`er locations and widths on the mine map(s). 6. a. b. r Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. 1 �'6 A 14ts Describe other methods to be taken during mining to revert physical hazard to any neighboring dwellin# house, public road, public, commercial or industrial buildin& from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. bl� �a -8- • APPLICATION FOR A M]NING PERMIT c. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross- section and location of each type of barricade to be used must be indicated on the mine map(s). L, R61-k ell"' d. Provide a cross-section on the mine maps) for all flil slopes (berms, wastepiles, overburden disposal areas, etc.), clearty indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design i>fbrmation) if needed, and the method of final stabilization. e. In excavations) of unconsolidated (non -rock) materials, sped the angle of all cut slopes including specfcations for benching and sloping. Cross -sections for all cut slopes must be provided on the mine map(s). f. In hardrock excavations, specify pro sed bench widths and heights in feet. Provide cross - sections of the mine excavation clearrnotin the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. 7. Are acid producing minerals or soils present? Yes No✓ . How will acid water pollution from the excavation, stockpiles and waste area be controlled? APPLICATION FOR A AWMG PERMIT 8. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine maps) and provide cross -sections through all proposed bemu or proposed spacings, sizes and species for tree plantings. ULk 9. Will explosives be used? Yes No !� If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard W persons or neiglibanng roperty from flying rocks or excessive air blasts or ground vibrations. Locate the nearest o„�ite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 10. Will fuel tanks, solvents, or describe these materials, ho the location(s) of all storage other chemical reagents be stored on -site? Yes Nov w <_ they will be stored and method of containment in case qf'z-x " 1j facilities on the mine map(s). 1f yeS• 11. Are any process n te, overburden or other such mine wastes to be disposed of off -site? Yes: No . If yes, describe in detail what these wastes are and how they will be disposed. Attach a separate site map(s) showing the location(j) of the disposal area(s). Include all sneciftcations for erosion and sediment control. APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the general methods to be used in reclaiming this land. This irVormation must be illustrated on a reclamation map and must correspond directly with the irfbrmation provided on the mine map(s). 1.4 auk Lr� >� 2. a. Is an excavated or�ir pounded body of water to be left as a part of the reclamation? Yes • No If yes. illustrate the location of the (s) of water on the reclamation map and provide a scaled cross -sections) through the proposedbody(s) of water. The minimum average water depth must be at least 4 feet unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes -:� No . If yes, specify species. b. Describe provisions for prevention of noxious odious or foul water collecting or remaining in mined areas. Provide details and locations Wy any permanent water outlets on the reclamation map. eg f W t e'4) e, ( -11- APPLICATION FOR A MINING PERMIT 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Construction details and locations of all permanent barricades must be shown on the reclamation map. P 4b�?) n� � *00K - 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. II �clG(e S. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. b. Will any on -site roadways be left as part of the reclamation? Yes No �'f yes, identify such roadways on the reclamation map and provide details on permanent ditchh line stabilization. -12- • • APPLICATION FOR A MINING PERMIT 6. Describe the method of reclamation of settling ponds and/or sediment control basins. "s ( S , , e 10 eorl-� 7. 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 g Act of 1971). No off-lug-DRMted waste shall be disposed of on the mine site without pdx written approval from the NC Department of Environment, Health, and Natural Resources, Land Quality Section and either the Division of Solid Waste Management (DSWIVI) or local governing body. If a disposal permit bas been Issued by DSWM 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 recclamation map, along with a list of items to be disposed in said areas. 8. Indicate the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. Provide design information, including typical cross -sections, of permanent channels to be constructed as part of the reclamation plan. Indicate the location (s) of all permanent channels on the reclamation map. 9. Provide a schedule of reclamation that indicates the sequence of reclamation and approximate time frame. If reclamation is to be accomplished concurrently with mining, then clearly indicate on the mine maps) and reclamation map each -segment that is to be mined and reclaimed during each year of the permit. Add drawings showing typical cross -sections and frnal features of the proposed reclamation. kt 4 -13- APPLICATION FOR A MINING PERMIT 10. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. NOTE: The Revegetation Plan must be approved nd signed by one of the following: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment, Health, and Natural Resources; c. - Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest urces at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment, Health, and Natural Resources; f. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING XEj&B-KQMM SEEDING SCHEDULE (pounds/acre): MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Print Name Title Agency -14- Date APPLICATION FOR A MEVING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5,000 per q ected acre) for each permitted mine site based upon the acreage approved by the Department to be effected during the l e of the mining permit. AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/Sediment Ponds. Ac. X $ /Ac. = $ Stockpiles Ac. X $ /Ac. = $ Wastepiles Ac. X $ /Ac. = $ Processing Area/Haul Roads Ac. X $ /Ac. = $ Mine Excavation Ac. X $ /Ac. = $ Other Ac. X $ /Ac. = $ TOTAL ACREAGE: Ac. SUBTOTAL COST: $ Additional Reclamation Cost Factors: a. Inflation: D for permit life of 1 to 5 years: SUBTOTAL COST X 0.10 for permit life of 6 to 10 years: SUBTOTAL COST X 0.25 b. Mobilization: SUBTOTAL COST X 0.40 c. Administration: SUBTOTAL COST X 0.20 a + b + c = $ + SUBTOTAL COST = $ TOTAL MCLANIATION BOND COOT! � $ (round down to the nearest $100.00) -15- APPLICATION FOR A hUNING PERMIT F. NOTIFICATION OF ADJOE41NG LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail to all landowners who are adjoining (contiguous to) the permit boundaries as indicated on the mine map(s). The only exception to the above is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative table to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of land acUolning 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. NOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS ADM FOR PERNUT MODIFICATIONS THAT ADD ADJACENT LAND TO A MIIYING PERMIT. ■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -I& r] • NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that N4rL4 e �_y ,� r_�.S' has applied on % q- 197 (Applicant Name) a to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health, and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one): (a) a = surface mining permit . (b) a modification to add adjacent land to an existing surface mining permit 0 The applicant proposes to mine evv%-rC on 1,6 acres located (Mineral, Ore) (Number) .3 iV of kvQ11C)Lc_ (Miles) (Direction) NeJ RA (Nearest Town) off/near mad ` in/✓1 nSw �G�C (Road Number/N e) (Name of County) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), . and to notify the chief administrative officer of the county or municipality in which the site is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a Si ublic interest exists relative to G.S. 74-51, a public hearing will be heldwithin 60 days of the end Of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For further information call (919) 733-4574. Please note that the Department will consider any relevant written 41- eax;e and Address) �n 9 2 7iY1 (Date of Iss Ice of this Notice/Mailed to Addressee) (Name of Applicant) Q�, -7-- r ? Ug-3 / -17- APPLICATION FOR A NUA PERMIT 0 AFFIDAVIT OF NOTIFICATION 1, �l�`eJ , an applicant, or an agent, or employee of an pppplicant, for a new Muung Permit, or a modification of an existing Mining Permit that adds adjacent land to theMirung Permit, from the N.C.� ent of Environment, Health, and Natural Resources, being first duly sworn, do hereby attest that the followi are known owners of record, both private and public, of the land adjoining the proposed mining permit boundaries and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: + / ' r. / ' � I" (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 the proposed mining site is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at the following address: (Chief Administrative Officer Name) (Address) .2 2-- The ve attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify the owners of record of the adjoining land and the chief administrative officer of the county or municipality in compliance with N.C.G.S. 74-50 and 15A N.C.A.C. SB .0004(d), i understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) _ _ ; (title of person executing Affidavit) I, , a Notary Public of the County of , State of North Carolina, do hereby certify that personally appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal, this day of , 19 My Commission expires: -18- Notary APPLICATION FOR A MINESPERMIT 0 G. LAND ENTRY AGREEMENT We hereby grant to the epartmeat or its appointed representatives the right of entry and travel upon our lands or operation during regufar business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the admimstrehon of the Mining Act of 1971. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. t,aavnowxEx: h Signature Print Name: � l'yl a es "v q Address 419 le-2 rf4 r APPLICANT Signature* vG"fY Print Name:-6 -tf u C, L-- V C^.- S Tide: _ �1 e r G-t- Q r Company: 6ClIOVJ'- A&'g [ l c k'-5�Y.vl r Telephone _ _. Mine Name:Z2 U 1 ✓`- , *Signature must be the same as the individual who signed Page 1 of this application. (see next page for fee schedule) IDthe form a check or money order payable to the North Carolina Department of Environment, Health, and Natural Resources must be sent to the L&nd Quality ,,section Center at the address listed on the front cover of this application form. Inqum—es re aiding the status of the review of this application should be directed to the Mining Program staff at(919) 733-4574. -19- 1iI'TIS1a *A nonrefundable permit application processing fee is required when filing for a now mining permit, a major permit modification or a renewal permit as follower TV i A=8** I= PZMT NAJOA AWfAL monrICATi ou Clay 1 but lose than 25 $S00 $250 $250 2S but less than 50 1000 500 500 50 or more 1500 500 500 Sand & 1 but lees than S 150 100 100 Gravel, Gemstone, and 5 but lose than 25 250 100 100 Borrow Pits 25 but lose than 50 500 250 500 50 or more 1000 500 500 Quarry, 1 but less than 10 250 100 100 Industrial Minerals, 10 but lose than 25 1000 250 500 Dimension Stone 25 but lose than 50 1500 500 500 50 or more 2500 500 500 Peat & 1 or more 2500 500 500 Phosphate Gold (Heap Leach), I or more 2500 500 500 Titanium & Others *A mnmbn&bM SM.00 permit appiicatkm pmcossiag fee is required for minor permit modificauom. MWorpwmk modi&Adom include ownership teaosfem, name champs. bond substitutions and permit mwwab whom the mine is inactive and folly stabilized. A minor permit modification also Wudos lands added to a permitted use, outside of the minimum permit buffer ram requirements, wham no plain for mining related disturbanca of the added leads have been approved. All other champs am comidamd myor modifications. **AcRa for oew permits and rsaawal permits means the total &creep at the site. Acres for major modification of permits towns that area of iaad affected by the modification within the permitted mire area, or any addidomi laad that is to be disturbed and added to an existing permitted area, or both. 3/94 -20- LAND OUALITY SECTION HEADOUARTERS Francis M. Nevils. Jr.. P.E. Section Fief 512 N. Salidwy Street' P. O. Box 27697 Raleeigh. NC 27611 James D. Simom, P.O., P.E. - Chief Fstgineer Willism (Toby) Vinson - Sediment Edtrtatioo Courim - 52-01-00 S. Craig Deal, P.E. - State Sediment Specialist SpociaGrt (919) 7334S74 David H. Ward - Assisting Seta Sediment Specialist FAX 0 (919) 733-2976 Tracy E. Davis, P.E. - State Mining Specialist Secss;asis Judy Wehner - Acting Asantaat State MImM Specialist Tony L. Sample - Assistant State Wffift Specialist Roxackms Evans - Lead Secretary lances K. Imsmas, P.E. - State Dam Safety Egjirwer Mcphanic Lame - Sediment dt Dams Jack H. Palmer. E.I.T. - Assist. State Dam Safety Eng. Susan Edwards - l&rag LAND QUALITY SECTION REGIONAL OFFICES ASHEM E MOORESValE RAIE[GH RICHARD PHRAJPS, P.E. IMY COOK DOUG NEMLER. P.E. JOHN HOLiEY, P.E. pup Bldg. 919 Noeth Main Street W25 N. Point Blvd. 33W Barrett Drive 59 Wooem Pbxe Mooresville. NC 29115 Smite 100 P. O. Box 27687 Adwwr le. NC 2=1 WinstooSalem, NC 27105 Raleigh, NC 27611 COURIER - 06-78-16 COURIER - M2149 COURIER - 09-27-46 INTEROFFICE (M) 251-6208 - (52) (104) 663-1699 - (54) (910) 896-7007 - (33) (919) 5714700 - (55) FAX 0 (704) 251- 432 FAX 0 (104) 6634M FAX 0 (910) 896-700S FAX 0 (919) $71-4718 Avery Buncombe Rorke Alexander Lincoln Ahwunce A1legbany Ache Chatham Durham Edgeeomb' Caldwell Cherokee Clay Cabarrus Mecklenburg Caswell Davidson Dsvie Fanklin Oranvilic Halifax Grahams Haywood Headerson Catawba Rowan Forsyth Guilford Rockingham lohnstca Lee Nash laekson Macon Madison Cleveland Stamly Randolph Stokes Sum Northampton Orange Person McDowell Macben Polk Oarlock Union Watauga Wilkes Yadkin Vance Wake Rudwcfmd Swain Traarylvanis Iredell Warrca VMS= Yancey FAYEI7EVHJZ WHlIIINGTON WASEUMTON JOE GLASS, P.E. DAN SAMS, P.E. FLOYD WIWAMS, P.O. Wachawia Bldg. 127 Caediml Drive, Fin. 1424 Carolina Avenue Suite 714 Wilmigpton, NC 28405-3945 Washington, NC 279" Fayatuville. NC 28301 COURIER - I64)"1 COURIER - 044*-25 COURIER - 04-16-33 (919) 94"al (56) (910) 486-1541 (53) (910) 395-3900 (57) FAX 0 (919) 975-3716 FAX 0 (910) 486-0707 FAX 8 (910) 350-2004 Beaufort Bef ie Camden Chowan Amon Morugomery Scotland Brunswick New Hatovar Craven Cnmitack Dina Oates BLden Moore Carteret Onslow 011ecue Hertford Hyde Janes Cumberland Richmond Columbus Pander Lenoir Martin Pamlico Pasquotank Harnett Robeson Duplim Aerquimam Pin Tyrmu Hake Sampaws Washington Wayne 4 AbVj3hu r/" L � � '. MAY 4 1997 ,j;1rl 40 0 UNITED STATES POSTAL:: SERVICE First -Class Mail Postage & Fees Paid LISPS j Permit No. G-10 Print yob it name, address, and ZIP Cade in this box • rn c� QUALITY SECTION a P. O. BOX 17687 IGH, NC 27611-7687 �l ilfi1 [!l�II�111 �1lll if l i I 1 t f I FI II �liir i�fl Elt �l ll�itlt�lrll l�ltl • t, m SENDER: ' CI •Complete Ile en r 8 lanai eervlcea. I also wish to receive the w rComplete items 3, 4a, and 4b. fallowing services (for an m a Prfnt your name and address on the revetsa of this farm so that we can return INscard extra fee): to u. ■At h this form to the front of the rTapieoe, or on the back if space does not 1, El Addressee's Address ■Wdle'Retvrn Receipt Ragtteated' on the madpiece below the article number. Q, ❑ Restricted Delivery to •The Return Receipt will show to whom the article was delivered and the date a delivered. Consult postmaster for fee. c n 3. ArtlCle d sstsd to. ;�jrticle Number E `m 4b. Service Type o n ❑ Registered Iliad cc as �lol ''/� ❑ Express Mail ❑ Insured S / C ;1116Cm Receipt for ss COD to of Delivery 5. Received By: (Ptinf Name) ressee's$ ed c and fee Is pear, 1 0 s. ig fora: T fA Form 3811, December 1 CP, � 1>} - 5 .t,✓ � � � %�F ��` ++ �� � •r lF� 1 ��I ' � �� • .`y � ; III - y' L �. �. , ' � i _ � � • ♦ i � � � I I {� .n f • a � � i — - - - - - - — - - - — - P - ��... �.. � � �. 4 � , � ! I� ' � y __.. __.. - —�, .— ,..�� _ � � I i I�� V• � •..1 _ y I_t � � � ..fie 4 � � ~ ���` ..b .'�'f �' 2,. r .._....�. _ - - - - ---_ ----- - - .�, - - �1 .- i Y _ - a II� ..._ .t _ -. i F� G State of North Carolina „Department of Environment, Health and Natural Resources Division of Land Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Charles H. Gardner, P.G., P.E. Director and State Geologist April 28, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Qom► DEHNR NOTICE OF VIOLATION OF THE MINING ACT OF 1971 Mr. Albert H. AVS Industrial P.O. Box 957 Shallotte, NC Outlaw, President Services, Inc, 28459 RE: Expired Mining Permit No. 10--10 AVS Mine Brunswick County Lumber River Basin Dear Mr. Outlaw: This is to advise that you are in violation of the Reclamation Plan of Mining Permit No. 10-10 for failure to complete final reclamation at the AVS Mine in Brunswick County within one'year of completion of mining. Under North Carolina General Statute (G.S.) 74-49 (17), mining terminated at this site by operation of law on March- 22-,- 1995 when -Permit No. 10-10 expired. In-- accordance- with the permit, final reclamation should have thus been completed by March 22, 1996. On March 16, 1995, an inspection report was sent to you from the Wilmington Regional Office requiring immediate renewal of the permit. However, to date, no renewal request has been received by this office. An inspection by personnel of'the Department on April 1, 1997 revealed that reclamation efforts were not complete at the site. Expiration of -the permit only. precludes further mining operations; reclamation requirements continue to remain in effect. Section 74-56 of the Mining Act of 1971 mandates initiation of bond forfeiture proceedings for failure to reclaim in accordance with the reclamation plan. Also, civil penalties of"up to $500.00 per day for each day of the violation may be assessed under G.S. 74-64. Geological Survey Section (919) 733-2423 FAX: (919) 733-0900 Land Quality Sectlon (919) 733-4574 FAX: (919) 733-2876 P.O. Box 27687. Raleigh, North Carolina 27611-7687 • Telephone 919-733-3833 • FAX (919) 715-8801 An Equal Opportunity / AffirmativeAction Employer • 50% recycled/ 10% past -consumer paper Mr. Albert H. Outlaw Page Two Additionally, you are also in violation of G.S. 74-50 for operating a mine without a permit. As noted above, Mining Permit No.10-10 expired on March 22, 1995 and has not been renewed. Under G.S. 74-64, the penalty for operating a mine without a permit is a civil penalty of up to $5,000.00 per day for each day of the violation. Because you are in violation of the Mining Act of 1971, you are directed to immediately halt all minincz operations at the above mentioned site until --you have .applied for and obtained a valid mining Kermit from this Department_ Please contact Ms. Judy Wehner, Assistant State -.Mining Specialist, immediately at Land Quality Section, P.O. Box 27687, Raleigh, NC 27611, (919) 733-4574 to' -indicate your intention to comply with the Act.. Only the issuance of a mining permit, and not the mere submittal of an application, will enable you to lawfully resume mining operations. You are required to submit an application for a new mining permit and it must be approved before you may continue mining. You may elect to close and _completely reclaim the mine and not apply for a new permit. To correct the current violations and bring the site into compliance, you must take the following corrective actions within the time specified: (A) If you desire to continue mining operations at the site, you must: ... .. . (1) Complete and file the enclosed application form for a new mining permit for "'this site' along with the required corresponding mine maps. The appropriate mining permit application processing fee is also required (see attached fee schedule). No -mining operations may be conducted until a mining permit is issued for this site. This corrective action must be completed WITHIN 30 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATION. (2) Commence adequate reclamation activities on the inactive (oldest) sections of the affected areas at the site and continue said activities until all affected areas where mining has terminated have been sufficiently reclaimed. This corrective action must commence WITH_IN_60 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATION. Mr. Albert H. Outlaw Page Three (B) If you desire to permanently close the mine, you must: Provide this office with three (3) copies of a complete reclamation plan for all affected areas at the mine site. This plan must include final slopes throughout the site, final cross -sections of all affected areas, permanent measures and/or devices to ensure that all reclaimed areas will be nonerosive, a complete revegetation plan for final reclaimed areas, etc. Said plan must include a time frame and sequence for each phase of reclamation for the entire mine site. Both the plan and the time frame must meet with the Department's approval in order ,to be acceptable. This corrective action must be completed WITHIN 30 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATION. A penalty may be assessed for up to $5, 000.00 a day for mining without a permit and $500.00 a day for failure to reclaim the site in a timely manner and as per the reclamation conditions of the permit. Should you fail to comply with the terms of this Notice within the prescribed time frames,. additional enforcement action will be taken. Such action may result in the issuance of an injunction, initiation of bond forfeiture proceedings or the -- imposition of a criminal penalty. The responsibility for understanding and complying with the requirements of the Act rests upon -the individuals and firms who are subject to its requirements. The responsibility also rests with. you.- -for, notifying this office of your plans to correct the violations. The subject site will not be considered in compliance with the Act until you have obtained a valid mining permit and/or satisfactorily completed --the required reclamation work. M Mr. Albert H. Outlaw Page Four Please do not hesitate to contact Mr. Dan Sams, Regional Engineer, at (910) 395-3900 or Ms. Wehner at (919) 733-4574 regarding any questions you might have regarding this matter. Sincerely, <f :;(-a....12 -,- Charles H. Gardner, P.G., P.E. CHG/jw Enclosures: Mining Inspection Reports dated March 14, 1995 and April 1, 1997 Mining Permit Fee Schedule Mining Permit Application Form Mining Act of 1971 Mining Rules cc: Mr. Tracy Davis, P.E. Mr. Daniel Sams, P.E. Mr. Bradley Bennett-DWQ � I 0. Cp 1 M M I E N ! k �_ i co i (art U o 0 •Ci 41 o ac 15/0 LLm g ; a i N O O µ G y O i /4) VW I.i LL ❑ 0 V o y uVl In u ap U fn 2 L661 eunr- 1008E uaaod Sd ------------- MINE INSPECTION REPORT Te rnw MW 1. MINE NAME ! 2. MINING PERMIT#. f� 3. OPERATO 4. COUNTY 5. ADDRtSS ' noil S. PERMIT EXPIRATION DAT 7. Person(s) corttacted at site/17i tr'5 fi. Was mine operating at timion? UYes ❑ No 9. Pictures? ❑ Yes 10. Date last inspected: L� �_V 11. Any mining since last inspection? [ryes ❑ No 12. Is the mine In compliance with the Operating Conditions of the Permft? g#W ❑ No If no, explain: 13. Is the mine in compliance with the Reclamation Conditions of the Permit? es Cl No If no, explain: 14. Did any of the above deficiencies result In offshe damage? ❑ Yes ONO if yes, describe the type and severity of the damage: nor .or JJAWN TArW_K'kMr%2NrA& 7M I pow � M - �!� _ �/ �1I � A f! _r ran• / 1X WWI. If Ierr :a• •. and w 17. Is the Anrwal, Reclamation accurate? ❑ Yes ❑ No 1 a. Follow-up inspection needed? Q Yes M40 Proposed date . -I / 19. No. of additional pages of inspection Report. 20. Copy of Report sent to_operator /I 1AZ-5 INSPECTED BY:(date)_ 1G DATEy l l Phone N0: ( SjZ) () White 00py to rile Yelbw copy to r Post4r Fax Note 7671 Date , I ,97 Caof 98B I To -r2a II i�ntd � QQ1 MbA M S a, M 5 Co/DeP:. go - LO 5 CO l.C� 'O Phone 41 Phan F"0 !� oxe M �.■ SENDER: ' ■Complete its an a onal ee _ I also wish to receive the m ■Complete items 3, 4a, and 4b, f6e following services (for an • print your name and address on the reverse of this form so that we can return this card to you extra fee): m■Attest this form to the front of the mallpface, or on the bade if apace does not 1. ❑ Addressee's Address permit. Write 'Ratum Receipt Requested'on the mailpiece below the article number. Q. ❑ Restricted Delivery ■ The Return Receipt will show to whom the article was delivered and the date C delivered, ; o Consult postmaster for fee. g� ?a3' 4a. Mole Number $43rtici�e�dssedo: �J a 4b. Service Type 45:7 ❑ Registered fied ❑ Express Mail ❑ Insured W /f_ } C/7t a m Receipt for YoftAndise COD o to of Delive ti S co �. 5. Received By: (Print Name) . d ressee's Add s ed , + and fee is paid) 0 7 1a5 c 6. ig furs: ( e gent) } r. Form 3811, December 199 Domestic Return Ffscejot • k_ucrT(NK WiKU rax:'JlU,,5WUU4 Hpr- lb 'Jr 11:-1 w.ul North Carolina peparttnent of Envt wvnerlt, 'Health, sra Natural Rem. Dhalo n of Land Rmauroes, LaM Oj* Se+ tw MINE INSPECTIOU REPORT PEW= NQNP 1. MINE NAME 46J2, MINING PERMIT# /0- 3. OPERATOR';v cis' v " 4. "COUNTY 5. ADDRESS �' Q . PERMIT EXPIRATION DATI=�-�?�_-95 7. Person(s) contacted at siie 8. Was mine operating at time of Inspection? ❑ Yes o 9. Pidures? ❑ Yes 21K0 10. Date last inspecteti':? Id/� 11. Any mining since last Inspection? 2'fes p No 12. Is the mine in compliance with the Operating Conditions_ of the Permit? ❑ Yes &Nro it no, explain: , -.l _ -. . /-I! . .'1 . I. /ems_ j^ .. n l _ - J ��/R�1�R.!l'/!/.!�/�Irtl��rrrt'I:�.II�.:��ri�rT�ss.rl�rsG����a'r�'� c��...::.:a.�:.�sc�ra►••1� 13. Is the mineAn compliance with the Reclamatlo Conditions of the Permit? ]Yes @Ao if no, explain: Cc of = f /, . I - J J C� 1 14. Old any of the above deficiencies result in offstte damage? []Yes alo If yes, describe the type and severity of the damage:,, 15. Corrective measures needed andlpr taken: sF Of - .. r . •r _ �r .r..r. • ,,. e_ . .� Ir, ..�. i 17. Is the Annual eclan-ation Report -4- map accurate? ❑Yes ❑No (Explain) loot Reviewed 18. Follow-up .Inspection needed? EKes ❑ No Proposed date L.1' // _j 19. No.. of additional pagss at Inspection Report d . 20. copy -of Report sent to,operator ( date) INSPECTED BY: /! DATE Phone No: a ) ) White copy to file Yalbw copy to operator Pink evy to Mining Specialist 9l91 State of North Carolina Department of Environment, Health and Natural Resources Division of Land Resources James B.' Hunt, Jr., Governor Jonathan B. Howes, Secretary Charles H. Gardner, P.G., P.E. Director and State Geologist April 28, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED MT4--e- 7A 7001V DEHNR NOTICE OF VIOLATION OF THE MINING ACT OF 1971 Mr. Albert H. AVS Industrial P.O. Box 957 Shallotte, NC Outlaw, President Services, Inc. 28459 RE: Expired Mining Permit No. 10-10 AVS Mine Brunswick County Lumber River Basin Dear Mr. outlaw: This is to advise that you are in violation of the Reclamation Plan of Mining Permit No. 10-10 for failure to complete final reclamation at the AVS Mine in Brunswick County within one year of completion of'�mining. Under North Carolina General Statute (G.S.) 74-49 (17), mining terminated at this site by operation of law on March 22-, 1995 when Permit No. 10-10 expired. In.accordance-with the permit, final reclamation should have thus been completed by March 22, 1996. On March 16, 1995, an inspection report was sent to you from ., the Wilmington Regional Office requiring immediate renewal of the permit. However, to date, no renewal request has been received by this office. An inspection by personnel of the Department on April 1, 1997 revealed that reclamation efforts were not complete at the site. Expiration of the permit only, precludes further mining operations; reclamation requirements continue to remain in effect. Section 74-56 of the Mining Act of 1971 mandates initiation of bond forfeiture proceedings for failure to reclaim in accordance with the reclamation plan. Also, civil penalties of up to $500.00 per day for each day of the violation may be assessed under G.S. 74-64. Geological survey section Land Quality section (919) 733-2423 (919) 733-4574 FAX: (919) 733-0900 FAX: (919) 733-2876 P.O. Box 27687, Raleigh. North Carolina 27611-7687 • Telephone 919-733-3833 • FAX (919) 715-8801 An Equal Opportunity / Aftlrmattve Action Employer • 50% recycled/10% post -consumer paper .` Mr. Albert H. Outlaw Page Two Additionally, you are also in violation of G.S. 74-50 for operating a mine without a permit. As noted above, Mining Permit No.10-10 expired on March 22, 1995 and has not been renewed. Under G.S. 74-64, the penalty for operating a mine without a permit is a civil penalty of up to $5,000.00 per day for each day of the violation. Because you are in violation of the Mining Act of 1971, you are directed to immediately halt all mining operations at the above mentioned site until you have applied for and obtained a valid mining permit from this Department. Please contact Ms. Judy. Wehner, Assistant State Mining Specialist, immediately at Land Quality Section, P.O. Box 27687, Raleigh, NC 27611, (919) 733-4574 to indicate your intention to comply with the Act.. Only the issuance of a mining permit, and not the mere submittal of'an application, will enable you to lawfully resume mining operations. You are required to submit an application for a new mining permit and it must be approved before you may continue mining. You may elect to close and completely reclaim the mine and not apply for a new permit.' To correct the current violations and bring the site into compliance, you must take the following corrective actions within the time specified: (A) If you desire to continue mining operations at the site, you must: (1) Complete and file the enclosed application form for a new mining permit for this site along with the required corresponding mine maps. The appropriate mining permit application processing fee is also required (see attached fee schedule). -No mining operations may, be conducted until a mining permit is issued for this site. This corrective action must be completed WITHIN 30 DAYS OF RECEIPT OF'THIS NOTICE OF VIOLAT ON. (2) Commence adequate reclamation activities on the inactive (oldest) sections of the affected areas at the site and continue said -activities until all affected areas where mining has terminated have been sufficiently reclaimed. This corrective action must commence WITHIN 60 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATION. Mr. Albert H. Outlaw Page Three (B) If you desire to permanently close the mine, you must; Provide this office with three (3) copies of a complete reclamation plan for all affected areas at the mine site. This plan must include final slopes throughout the site, final cross -sections of all affected areas, permanent measures and/or devices to ensure that all reclaimed areas will be nonerosive, a complete revegetation plan for final reclaimed areas, etc. Said plan must include a time frame and sequence for each phase of reclamation for the entire mine site. Both the. plan..: and ._the time frame must meet with the Department's approval in order to be acceptable. This corrective action must be completed WITHIN 30 DAYS - OF RECEIPT OF THIS NOTICE OF VIOLATION. A penalty may be assessed for without a permit and $500.00 a day in a timely manner and as per th, permit. Should you -.fail to compl within the prescribed time frames will be taken. Such action may injunction, initiation of bond imposition of a criminal penalty. up to $5, 000. 00 a day for mining for failure to reclaim the site reclamation conditions. of the with the terms of this Notice additional enforcement action result in the issuance of an forfeiture proceedings or the The responsibility for understanding and complying with the requirements of the Act rests upon the individuals and firms who are subject to its requirements. The responsibility also rests with you for notifying this office of your plans to correct the violations. The subject site will not be considered in compliance with the. Act until you have obtained a valid mining permit and/or satisfactorily completed the required reclamation work. 7 i Mr. Albert H. Outlaw Page Four Please do not hesitate to contact Mr. Dan Sams, Regional Engineer, at (910) 395-3900 or Ms. Wehner at (919) 733-4574 regarding any questions you might have regarding this matter. Sincerely, Charles H. Gardner, P.G., P.E. CHG/jw Enclosures:.-., Mining Inspection Reports dated March 14, 1995 and April 1, 1997 Mining Permit Fee Schedule Mining Permit Application Form Mining Act of 1971 Mining Rules cc: Mr. T_racy Davis ,—P_..E.) Mr. Daniel Sams, P.E. Mr. Bradley,Bennett-DWQ NCDEHNR WIRO Fax:9103502004 .,,��........._ � Rpr 16 197 11:51 P. 01 Deputnent 11of Environmbnt, Health, and Natural Resources Wilmington Regional Offieo James B. Hunt, Governor Jonathan B, Howes, St cmuiry FAX COVER SHEET DATE:. TO: FAX #: qlf-`l ,3 3 — �29? REMARKS. 45 NO. OF PAGES FROM: L-*&o—L f�i I l e ►:� CO: FAX #: 127 Catdimi Drive Pxtenaion, Wilmitoon, N.C. 23405.380 '* Te4hona (910) 395-39M a Fax (910) 3$0-2004 An Equal Opppziooity Affi'mmtive', Action Employm Division of Land Resources, Land Quality Section -MINE INSPECTION REPORT (PERMITTED NONE) I� {�FP Rit LEI - APR 17 1997 1. MINE NAME 1'71)5 /%*?J_ 2. MINING PERMIT# 3. OPERATOR 5 1 I f e Y LtSb-ict Se at _e-S, fl ✓ CSt,� ao-,) 4. COUNTY A -FIT tu4c 5. ADDRESS . �9 , 15eA 957, -.Ykf MoRe PERMIT EXPIRATION DATES'- o?a • `5 7. Person(s) contacted at site r7 l Ixe- `nrtcE._. N B. Was mine operating at time of Inspection? ❑ Yes &No 9. Pictures? ❑ Yes 21Go 10. Date last inspected;,.Ll /r/ /%S 11. Any mining since last inspection? 2-Yes ❑ No 12. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes p<o If no, explain: . Aio , / U- /0 a"I-e d 41jemcl�r Z l , r kw ,lor _ . frr7r 4Ae-[A %r i^t Fc 1*4!9� _,ie tfP I, r,'h,-a i 1i)[,u. 17 << tj/;: c,t rti-rtt,.� G res i t. �'tlr� o . /() �!. , ; tutP %71 5Zr!>Ntcf hn��r )i v c_ c( . !y r1 rjoeu,,LprZ�.0 6.. rfi� J"f' drf Ad S rr.t-/ Ps, 1Jr).' t( (.CI . car c + r_. '7' ")n t. e wL S 13. Is the mine,in compliance with the Reclamation Conditions of the Permit? [,]Yes 240 If no, explain: 17 r�6_ 61a-rcy Ak._1,pwr.sl be fPr lr arc/ t��ffic.,. � / fr �l 'ri /, � �-'43 Y3t.y.�/'_ %!,"h . `� ! _ e�stc,I...c U. 1��•tJ2 �f7 re � /,� ��C f2 rsca �rJsrl�I � rl.e. e i'� ��F' . �f �f' fr Cl. r /' c !7 t' L�.Pt �.. ! l�•�.�., 7E"..L Jam.!^! �! �� f'C 14. Did any of the above deficiencies result in offsite damage? []Yes 3Ao If yes, describe the type and severity of the damage: ' 15. Corrective measures needed and/or taken: /tjo of s�C't+l�["r r,7i1) CC L Gfa• rr' r .,i.+ i� �c" rlA ) G e/ :rt elei, fry d,-ch"A l�u.td / he l' , l E:�.�f rl ..;-r r. Cr__c,-7 r i ''�`� r � �f � r •��l'. zr � . ' �'. r 5 Lr I r A 10,71, C:'ie. 4 E . a S r7 C lef.1,- ',1 ?1 11 I-L r 3 CY itP Ott 1r L 17 r 16. Other recommend [ions and comments: C -4isc_ a A-c et; d-f dfr'cG �F 17. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) p'Not Reviewed PV r•. t r' F' C c.�..�. C't 18. Follow-up inspection needed? "s ❑ No Proposed date I 1 97 19. No. of additional pages of Inspection Report d . 20. Copy of Report sent to.operator j�_//S INSPECTEDDATE/�i/ f' (date) Phone No: (;.f d White copy to file Yellow copy to operator Pink copy to Mining Specialist "i Author: "Carol Miller" <n1ig342@wiro.ehnr.state.nc.us> at Internet Date: 4/14/97 3:46 PM Priority: Normal TO: Judy Wehner at NROLR0IP Subject: nov, AVS ------------------------------------ Message Contents ------------------------------------- Judy here is a quick and dirty attempt at the NOv for the AVS Marl pit We talked about. Let me know what you think. Adios Amiga! DRAFT NOV FOR EXPIRED PERMITS THAT HAVE EXCEEDED THEIR 1-YEAR OR 2-YEAR FINAL RECLAMATION REQUIREMENT * CEnIPIED MAIL RETURN -RECEIPT REQUESTED NOTICE OF VIOLATION OF THE MINING ACT OF 1971 * RE: Expired Mining Permit No. * Pit * County Dear Mr. *: This is to advise that you and your firm are in violation of Reclamation Condition No. 4 of Mining Permit No. * for failure to .� complete final reclamation at the * Pit in * County within * year(s) of completion of mining. Under North Carolina General Statute (G.S.) 74-49 (17), mining terminated at this site by operation of law on * when Permit No. * expired. In accordance with the permit, final reclamation should have thus been completed by *. * On * , 1995, you received a Notice of Deficiency from the * Regional Office requiring implementation of final reclamation of the site by *, 1995. An inspection by personnel of the Department on * revealed little or no reclamation efforts and that the site remained virtually unchanged since mining operations began. Expiration of the permit only precludes further mining operations; reclamation requirements continue to remain in effect. Section 74- 56 of the Mining Act of 1971 mandates initiation of bond forfeiture proceedings for failure to reclaim in accordance with the reclamation plan. Also, civil penalties of up to $500.00 per day for each day of the violation may be assessed under G.S. 74-64. Additionally, you are also in violation of G.S. 74-50 for operating a mine without a permit. As noted above, Mining Permit No. * expired on * and has not been renewed. Under G.S. 74-64, the penalty for operating a mine without a permit is a civil penalty of up to $5,000.00 per day for each day of the violation. Because you are in violation of the Mining Act of 1971, you are directed to immediately halt all mining operations at the above mentioned site until you have applied for and obtained a valid mining permit from this Department Please contact this office immediately at Land Quality Section, P. O. Box 27687, Raleigh, NC 27611, (919) 733- 4574 to indicate your intention to comply with the Act. Only the issuance of a mining permit, and not the mere submittal of an application, will enable you to lawfully resume mining operations. DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for theoperation of.•a mining activity In accordance with the.provisions of G.S. 74-46 through 68, "The Mining Act of 197.1.," Mining,Permit Regulation 15 NCAC 5 B.-and other. applicable laws, •rules -and .regulations Permission -.is hereby granted to: Albert'H.` Outlaw AVS Mine , Brunswick County - Permit No. 10-10 for the operation of .a Coquina,:Mine . which shall provide that the usefulness,'-'productivit,y and -scenic values of all lands and waters.:affected by,this-.mining operation will receive the greatest practical degree of -protection and restoration. Page 2 of 6 In accordance with the application for this mining permit, which is hereby approved by the Department of Natural Resources and Community Development, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation'or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor. operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. i]efinirinnc 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. Cnnditinnc The permitted mining operation shall not violate standards of air quality, surface water quality, or ground water quality promulgated by, the Environmental Management Commission. This permit shall be effective from the date of its issuance until March 22, 1995 and shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: Page 3 of 6 OPERATING CONDITIONS: 1. Any wastewater processing or mine dewatering shall be in accordance with permit requirements and regulations promulgated by the Division of Environmental Management. 2. Any mining process producing air contamination emissions shall be subject to the permitting requirements and regulations promulgated by the Division of Environmental Management. 3. Sufficient buffer shall be maintained between any affected land and any adjoining waterway to prevent sedimentation of that waterway from erosion of the affected land and to preserve the integrity of the natural watercourse. A natural buffer with a minimum width of 50 feet shall be maintained between any mining disturbance and any waterway or tributary. No wetlands shall be disturbed. 4. Adequate mechanical barriers including but not limited to diversions, earthen dikes, brush barriers, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance to prevent sediment from discharging onto adjacent surface areas or into any lake or natural watercourse in proximity to the affected land. A dike approximately one foot high shall be constructed around the work area. Any mine drainage shall be drained through sediment basin(s) adequately sized to prevent offsite sedimentation. 5. 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 clause offsite damage due to siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 6. 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. 7. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public throughfares whenever practical to screen the operation from the public. 8. Sufficient buffer shall be maintained between any excavation and any adjoining property line to prevent caving of that property and to allow grading of the sideslopes to the required angle. 9. A physical barrier consisting of a fence or boulder barriers, etc., shall be maintained around the perimeter of any highwall. 10. An Annual'Reclamation Report shall be submitted on a form supplied by the Department on February 1 of each year until reclamation is completed and approved. Page 4 of 6 11. The security which was posted pursuant to N.C.C.S. 74-54 in the form of Two Thousand and Five Hundred Dollars ($2,500) surety is sufficient to cover the operation as indicated on -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. z Page 5 of 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the -performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation'practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining ,on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. Page 6 of 6 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum average water depth of four feet. B. The sideslopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter above the water level and 1� horizontal to 1 vertical or flatter below the water level. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be dumped at the mine site. Scrap metal, trash or other such waste shall be removed from the site and properly disposed.. E. The affectd land shall be graded to prevent the collection of noxious or foul water. Revegetation Plan: Because of the sandy soils, summer perennials, such as bahia grass and coastal bermuda are best adapted. Before seeding apply lime at the rate of 1 � tons per acre and 8-8-8 fertilizer or equivalent at the rate of 1000 lbs/acre. If seeding is done from February to June, use 10 lbs. of hulled Bermuda, 30 lbs of bahia grass and 20 lbs of rye grass per acre. If seeding is from October to February, substitute unhulled bermuda at the rate of 25 lbs/acre. Avoid summer and early fall seeding. Mulch the steeper slopes and banks with small grain straw at the rate of 2 tons (approximately 80 bales) per acre. 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 one year of completion or termination of mining. Permit issued this Z Z -day of IY7 &L4 C 11 Stephen G. Conrad, Director Division of Land Resources By Authority of the Secretary Of the Department of Natural Resources and Community Development Division of Land Resources, Land Qualitf Section .� MINE INSPECTION REPORT DE . (PERMITTED MINE) 1. MINE NAME c , /_ . MININ L EL T#7 3. OPERATOR , 1-7b��` 'Tes. T 5. ADDRESS G7, 252, a / a E 8. PER IT (RATION DAT 7. Person(s) contacted at site a .'G. P 9-D 8. Was mine operating at time of inspection? ❑ YesPictures.? ❑ 10. Date last inspected:) 11. Any mining since last inspection? Q es 12. Is the mine in compliance with the Operating Conditions of the Permit? p�Y'es 1C . 13. Is the mine in compliance with the Reclamati n Conditions pf the Per it? [OYes ❑ No If no, explain: r� r L� C"Cc. 5 a 14. Did any of the above deficiencies result in offsite damage? ❑ Yes p-No If yes, describe the type and severity of the damage: 15. Corrective measures 1needed and/or taken: ")t l 'Vx 1 i•" r +' ' 1 .4.t . T .,�i (I • `fr a f � 1 . ^^ .t ..i"< ,3 _ I r-AL f 16. Other recommendations and comments: 17. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) [D' of Reviewed IN i; 7 1'� Crr,.0 iA.r('. 18. Follow-up inspection needed? M Yes ❑ No Proposed date I I 19. No. of additional pages of Inspection Report 20. Copy of Report sent to. operator (date) INSPECTED BY:_ GI1ti �.' { _DATE I r5 1 Phone No: ( } White copy to file Yellow copy to operator Pink copy to Mining Specialist 9/91 0 North Carolina Department of Environment, Health, and Natural ReAgu s Division of Land Resources, Land Quality Section MINE INSPECTION REPORT APRO 1 f,t. (PERMITTED MINE) LAND QUAL 1. MINE NAME 2. MINING PERMIT # 3. OPERATOR A it C r2 w,-./COUNTY r r� 5. ADDRESS ?) .e ill .;;; �` 6. Person (s) contacted at ite rn� i-G e 7. Was mine operating at time of inspection ? CDYes ❑ No B. Pictures ? Yes No 9. Date last Inspected: i�I_IL, 10. Any mining since last inspection ? [Yes ❑ No 11. Is the mine in compliance with the Operating Conditions of the Permit ? ©-Yes ❑ No If no, explain: 12. Is the mine in compliance with the Reclamation Conditions of the Permit ? 0.Yes ❑ No If no, explain: 13. Did any of the above deficiencies result in offsite damage ? ❑ Yes Q No If yes, describe the type and severity of the damage: 14. Corrective measures needed and / or taken: 15.Other recommendations and comments: 16. Is the Annual Reclamation Report + / - map accurate ? ❑ Yes ❑ No (Explain) ❑ Not Reviewed 17. Follow-up Inspection needed ? [] Yes Q�No Proposed date I I 18. No. of additional pages of Inspection Report r�� 19. Copy of Report sent to operator / / (date) INSPECTED BY: DATE: I 1 Phone No: ( ) White copy to file Yellow copy to operator Pink copy to Mining Specialist eras ft'/J�w North Carolina Department of Environment, Health, and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME 11 S &1 2. MINING PERMIT # Z0- /l) 3. OPERATOR <� 1r 4. COUNTY 5. ADDRESS .IJ A J, l „? 1/�r1 6. Person (s) contacted at site A J4 r4e, {a r/ .-,%r << c1 �; 7. Was mine operating�at time of inspection ? ❑ Yes ,,El, No 8. Pictures ? ❑ Yes .No 9. Date last inspecf`ed: 411 .� I �;, 10. Any mining since last inspection ? 'Yes ❑ No 11. Is the mine in compliance with the Operating Conditions of the Permit ? Q Yes ❑ No It no, explain: 12. Is the mine in compliance with the Reclamation Conditions of the Permit ? �Yes ❑ No If no, explain: 13. Did any of the above deficiencies result in offsite damage ? ❑Yes ®No If yes, describe the type and severity of the damage: 14. Corrective measures needed and / or taken: IleN LAND QUAMY SECT 15. Other recommendations and comments: it i ram/J; Fi, i : e-A, 16. Is the Annual Reclamation Report +/ - map accurate ? Yes 5 ❑ No (Explain) ©, Not Reviewed . � � /- '. i., a r Y eY 1 n V VI) �raJi! lr Tnlii pia f :� ,� .�r' t _ a� 'r Cx_ r, �:✓�. ,{ d � �LGfLi.�_,�r 17. Follow-up Inspection needed ? ❑ Yes © No Proposed date I I IB. No. of additional pages of Inspection Report' 19. Copy of Report sent to operator/ 7 1 ! Z. �(Yl / DATE: _ 1-- f (date) INSPECTED BY: �/..� 1_.� �% ' %I Phone No: White dopy to rile Yellow copy to operator Pink copy to Mining Specialist arse 4z RECEIVED North Carolina Department of Environment, Health, and Natural Resource , N 5 1990 Division of Land Resources, Land Quality Section fAli!'Y SECTION .MINE INSPECTION REPORT a (PERMITTED MINE) 1. MINE NAME 1PA•L(' 2. MINING PERMIT # . - � � � - /f'1 3.OPERATOR t t c f 4. COUNTY f c.3r ;�.��xr„ 5. ADDRESS r r a,'-- L J " ��i,._./c�,+ /!< l •4 �/> fr _ _ _ 6. Person (s) contacted at site 47,-' - 6Z I-L 1 to .r- 7. Was mine operating at time of inspection ? 'L Yes No 8. Pictures ? Yes K No 9. Date last inspected: ;- I G 1 � 1� 10., Any mining since last inspection ? [Z Yes No 11. Is the mine in compliance with the Operating Conditions of the Permit ? ],Yes No If no, explain: 12 Is the mine in compliance with the Reclamation Conditions of the Permit ? �� Yes No If no, explain: 13. Did any of the above deficiencies result in offsite damage ? Yes No If yes, describe the type and severity of the damage: 14. Corrective measures needed and I or taken: /V r l-�tt 15. Other recommendations and comments: Ce 1 16. Is the Annual Reclamation Report + / - map accurate ? Q Yes No (Explain) Not Reviewed 17. Follow-up inspection needed ? ❑ Yes No Proposed date 1 I 18. No. of additional pages of Inspection Report _ 0 19. Copy of Report sent to operator_5- I.LI_2L� (date) INSPECTED BY: . r ; " . y�. DATE: l r' Phone No: (� jar.) ,7� 441 t / w e White copy to file Yellow copy to operator Pink copy to Mining Specialist W89 North Carolina Department of Natural Resources and Community Development r f Division of Land Resources, Land Quality Section _ dp MINE INSPECTION REPORT �"< 'q (PERMITTED MINE) �O 1. MINE NAME AV,-., 2. MINING PERMIT # it) • lQ :f- 3. OPERATOR AQ-. T 04 1 Cl.t_ :.,r�v�<< � c_ 4. COUNTY ..r,�.� 5. ADDRESS _ p e% L�zx Q f _ �rA , ,. -� f.�I_ 7%'•1.0 .9 ... 6. Person (s) contacted at site A .i ,_LAuf 7. Was mine operating at lime of inspection ? Q Yes ❑ No 8. Pictures ? ❑ Yes 5C No 9. Date Iasi inspected: c) f I / I R ? 10. Any mining since Iasi inspection ? ® Yes ❑ NO 11. Is the mine in compliance with the Operating Conditions of the Permit ? ® Yes ❑ No If no, explain: 12. Is the mine in compliance with the Reclamation Conditions of the Permit ? Yes ❑ No If no, explain: _ 13. Did any of the above deficiencies result in offsite damage ? ❑ Yes cE No If yes, describe the type and severity of the damage: 14. Corrective measures needed and / or taken: 15. Other recommendations and comments: 16. Is the Annual Reclamation Report + / - map accurate ? ® Yes ❑ No (Explain) ❑ Not Reviewed 17. Follow-up inspection needed ? ❑ Yes ❑ No Proposed date l 11 0 Y 18. No. of additional pages of Inspection Report At, 19. Copy of Report sent to operator / I F' I (date) INSPECTED BY: ,`1 J. _ r-_ . _ DATE: Phone No: White copy to file fellow copy to operator Pink copy to Mining Specialist REV. W88 r�� v State of North Carolina Department of Natural Resources & Community Development Division of Land Resources Land Quality Section f; ANNUAL RECLAMATION REPORT a North Carol a General Statutes 74-55 and the Manning Regulations a that "The mine operator shall, by February 1 of each year during the life of the permitted operation, and within 30 days of completion or termination of mining on an area under permit, file with the Department a mining reclamation report on a form prescribed by the Department." Name of MineaAVS INDU21RIAL 2ERyICESCOuntY BRHNSwT(,K __ Permit Number, U_ n Name of Campany/Owner AVS INDUSTRIAL SERVICES, INCH AAA -,'$Jr &WnAJ)- w Official Mailing Address P.O. BOX 957 SHALLOTTE, NC. Zip Code 28459 Telephone (919) 754-8899 Check if change of address or telephone 1. (a) If mine is now inactive, when did mining stop? Date N/A (b) Is this stoppage permanent? Yes No. 2. List by category the total amount of new land affected by mining activities in the 1988 calender year and locate each area on your updated mine map. (A) TAILINGS PONDS: acres. (D) MINE EXCAVATION: 2 acres. (B) WASTE PILES: NONE acres. (E) PLANT AREA: N A% acres. (C) STO=ILES: acres. Check here if no new acreage affected in 1988. 3. Estimate by category the amount of new acreage to be affected by mining activities in the 1989 calender year and locate the outline of each area on your updated mine map. (A) TAILINGS PONDS: 4oNE acres. (D) MINE EXCAVATION: 1 2 cress. (B) WASTE PILES: NONE acres. (E) PLANT AREA: (C) STOCKPTT : acres. Check here if no n w acreage is to be affected in 1989. 4. List by category the total runt of disturbed and unreclaimed land present at this site at the end of the 1988 calender year. (A) TAILINGS PONDS: •NONE acres. (D) MINE EXCAVATION: 2 acres. (B) WASTE PILES: NONE acres. (E) PLANT AREA: N/A acres. (C) STOCKPILES: acres. (CONTINUED ON REVERSE SIDE) NOTE: WASTEPILES should include overburden storage/disposal areas and berms. A 5. List by category the amount of land that has been oanpletely reclaimed in 1988 and is not subject to continued use in future mining related activities. Briefly describe the reclamation work conducted and indicate if you wish to have any of these areas released fr m your current bonding requirements. Accurately locate the outline of all such areas on your updated mine map. (A) TAILING PONDS: N/A - acres. Explain: WE PUMP THE WATER FR Release &xvueesFeM Yes No (B) VpSM PILES: N/A acres. Explain: THE OVERBURDEN OF DIRT IS HAULED 0 (C) STOCKPILES: Release Requested: Yes No X acres. Explain: Release Requested: Yes No (D) MINE EXCAVATION: 1;- acres. Explain: SECTION 1 AND 2 HAS BEEN COMPLETED. SLOPE?OF BANKS AND REVEGIT THIS AREA. Release Requested: Yes No � (E) PLANT AREA N/A acres. Explain: WE DON'T HAVE A PT.AbU Re ease Requested: Yes No a _ Check here if no reclamation conducted in 1988. Person responsible for reclamation (please print): ALBERT H. 0 Signature of ca ripany officer or owner: Title: ERFyMENT —, Complete and return by February 1 two copies of this foam along with two copies of an updated mine map to: Land Quality Section D-i RM P.O. Box 27687 Raleigh, N.C. 27611-7687 FAIUIRE TO FILE THIS FORM BY THE, DATE SPECIFIED MM RESULT IN THE ASSESSMENT CF CIVIL PENALTIES AND COULD EM RESULT IN THE REVtxAMN OF YOUR MnM4G PERMIT. IF Ic C.".. 7 1 -T— '-w. I " .1. t 7 a 1K. P)4 IZ y4rvr ; 4_1 1 0,lNi ytl Lf I . - r„i 6, 1j6 5�, . L!l 0 lit WE .4 31,! i g" IV 4. "k A4r, k.p Vt' 4,4. th Tj '44 0 �j I iq Or, kt Ysv '4 1 N 'I M MI! j.L' 14 tA;N �IlA I"A t1 AtT1t'4Y, qI'V e01 L TT1 % iJf vir 7 T" oj�.f. Q. IL - W. Ir e, xl-,p P fia Ur pIfL 4 q Fil L g 4 eW 67 ;1Y W, 41, 4. #Ip Jf4 va,a. Vg lc� --)�i Eli -k AI: Kit, :� � E,,`,>,(`t rn 7�'� > e ,• i,.ca� +r•:,:. 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CRAYLI NE FORM 44-902 O-PART Z198$-PRINTED IN U.S-A. ' SENDER -DETACH AND RETAIN YELLOW COPY. SEND WHITE ANDPINKCOPIES WITH CARBON INTACT. State of North Carolina Department of Natural Resources and Community Development Division of Land Resources 513 North Saks wv Strei . Rak gk - Nor& Cz4ua 27611 James G. Martin, Governor. March 18, 1988 Stephen G. Conrad S. Thomas Rhodes, Sec mry Director Mr. Albert Outlaw AVS Industrial Services P.O. Box 957 Shallotte, North Carolina 28459 RE: Expansion,of AVS Mine Permit No.. 10-10 Brunswick County Dear Mr. Outlaw: This is in reference to your recent inquiry concerning the procedure for amending a mining permit. To.complete, the amendment the following items must be addressed: 1). An updated mine map clearly illustrating the locations and acreages or the items listed on Page 17 of the revised mining permit application (copy enclosed). -.must be submitted for•the existing site and.any 'c'"="" proposed expansion area(s). Please note the -required map scale at the. bottom of the page. :.2). A letter mustibte submitted by the. -operator stating -whether or not ,. there will be any changes in the operation in the expansion area(s). with respect to the current operation. If so, he must state what _ ..these changes are. -,--3). If additional acreage is t6 be incorporated under the existing permit the reclamation bond must be increased to cover the total amount of disturbed land at the site. Bonding requirements are outlined in the N.0 Administrative Code (copy enclosed) on Page 5B-3. Also enclosed for your information is The Mining Act of 1971, Guidelines on Sureties, and the Department's standard forms to be used to secure the required surety bond for the site. In order to complete the amendment process of the mining permit, please forward (2) copies of the requested information to my attention at the following address: Land Quality Section P.O. Box 27687 Raleigh, North Carolina 27611 P.U. Fm 27697, Palrigh, North Carolina 27611-7687 I_CkTFwmc 919733-3833 An Equal Opportunity Affirmative Action Frnplowr Mr. Outlaw March 18, 1988 Page 2 Please .advise._.at (919);.733-4574. if -you should �save-any.questtons on this - •w - . ;�- - _.. matter. - -Sincerely, Tra. y E. Davis, E.I.T. Assistant Mining Specialist Land Quality Section TED/sl Enclosures cc: Mr. Dan Sams, P.E. State of North Carolina 0 Department of Natural Resources & Community Development Division of Land Resources ,Ysf�TO Land quality Section / A N N U A L R E C L A M A T I O N R E P O R T North -Carolina General Statutes'74-55 and the Mining Regulations require that "The mine opetator shall,.by February 1 of -each year during the life of the permitted operation, and within 30-days of completion or termination of mining on an area under permit, file with the Department a mining reclamation report on a form prescribed by the Department." Failure to file this form by the date specified may result in the assessment of civil penalties and could even result in the revocation of the mining permit. PLEASE PRINT OR TYPE „ Name of:Mine AVS County BRUNSWICK Permit Number 10--10 Name of Company/Owner _._ AVS,INDUSTRIAL SERVICES INC. Official,Mailing Address P.O. BOX 957, SHALLOTTE, NC Zip Code Telephone(919) 754-8899 Check if change of address or telephone X 1. (a) If mine is now inactive, indicate date of cessation of mining. Date 28459 N/A (b) Is this stoppage permanent? Yes No. 2. Indicate new acreage•affected by Mining in last calendar year.' (Previous calendar year.) (a) Tailings ponds Acres (b) Stockpiles 1/2 Acres (c) Waste Piles Acres` (d) -Mine Excavation _ Acres TOTAL 1 1/2 Acres 3. Estimate fhe total new acreage to be affected by mining in the current calendar year. 2 4. Describe measures taken for erosion control and locate on updated mine map. �. DIKES .ARE r7N PLACE AROUND EXCAVATED AREAS, ALSO DITCHES ARE IN PLACE AROUND DIKES TO DIVERT WATER INTO MAIN DRAINAGE CANAL. RESULTS ARE '`VERY LITTLE IF;'ANY EROSION. • �MIf 5. Indicate amount of reclamation carried out in.last calendar year and delineate each area on updated mine map. (a) Tailings ponds N/A Acres (c) Waste Piles (b) Stockpiles N/A Acres (d) Mine Excavation (CONTINUED ON REVERSE SIDE) N/A Acres SEE # 6 Acres mow. i� 6.- Describe reclamation listed in Item 5 a-•d.carried out in last calendar year. n'tTHE EXCAVATION AREA IS STILL BEING MINED. NO RECLAMATION'HAS BEEN PERFORMED AS OF THIS TIME. THE EXCAVATED AREA SHOULD BE FINISHED WITHIN THE NEXT 90 DAYS. AT CLOSING OF THIS EXCAVATED AREA, ALL RECLAMATION REGULATIONS WILL BE MET. Name of person responsible for reclamation (please print): ALBERI, OUTLAW Signature of company -officer or owner: Title: PRESIDENT Date: JANUARY 28, 1987 Complete and return by February 1 two copies of.this form along with two copies of an updated mine map to: Land quality Section D-NRCD P.O. Box 27687 Raleigh, NC 27611-7687 to ..ter., r u 'y • 14f r " y d. r7 i �.. '"jell �.�1? � � + ' - ;`r' YI �� � �•, • ' `A is Apprcl� fib. a. 41 M ' .` [ a • .. •r. ' r'�� w'; _ ; ' .�.►�, � ,� • • 'rr .T •'� . .� ti���'�' I,C, ."�+,!_�r�:,. -.,+��1t4 ;,� 7 �• � I��f . ' f:'' .i ,', ' a -r . . '` . �''' -.•:" C.S':,J� �^:� .,=yr: �r �i "+.•r � T.w •, j' .��f,r�� i � �.•t ..! r �y•alrJ•.N . t'\•M :. 'r; r 7' Y.� +�•,. '.!7! .! ^..'.r i�.rr,��ar��il.'w►'�' }f .' r_L�=+'V,`•�~ " tV ••,,;� '•. r,w•�...,+' .+_ 74 ��A� y-�' .r' •'s ►'- �.;J�� 1. •pr'�. �'Y�� r ry� 5�+>,7'.+� '•Y+?!°Y'" ;}`l �'1 _ a�~�'. •!•f .� 1r 4 V .. ��.r'���y�{�y l��f.-�r."1.+�`•_ ?�.r �•��� +{ 1 `!` ', �•~ •+• : t.` ,�U!+. 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' �� _ '+H'G il�l•;'Y 'v ..•,� r ..,�' .1:�� • * .I, ..r-i�r� r.• }'�ro'i�•i,r,t•'.ttitZi?. ��' �,�' � ;,���>�.,, +' f. �i �xh.r.'�'�1'.�.a�.r.`'r� ; � i i7 O(M ell ell a IQL k (NITEO SIATFS OCPAR'rhimv w, A4PACULTUH I soli comimMina wilh -ton r);61.1c' A -- Flan Nn. %' tod as dd d ldc 055 'Cate.._— - j A pprok ce ri K 11-tte W- F-hoin No, m-90"fft" Sul* I ji fa w%unfiv, mi—Owd, rood & difftfta, Otoi lI r'C :..._ R-ECEIVE� NOV 18 B83 State of North Carolina Department of Natural Resources and Community Develop O QUALITY SECTION Division of Land Resources Land Quality,Section Application for a Mining Permit G. S. 74-50 of 'the General Statutes of North Carolina, The Mining Act of 1971"... After July 1, 1972, no operator shall engage in mining without having first obtained from the Department an operating permit which covers the affected land and which has not terminated, been revoked; been suspended for the period in question, or otherwise become invalid. 1. Name of Mine I+ Jam• 1 t.`� f: County ru S k/ 1I e K 2. Name of Company �!� ,L n ol H S 1-t 1 Srn C'-- 3. Home Office Address 4. Permanent address for receipt of official mail 6 O �C N G 2 $ Telephone %S y- fg 9 9 5. Mine Office Address Lgr�)- ' �q Telephone 6. Mine Manager 6,e f f�,� f✓ We hereby certify that all details contained in this Permit Applica- tion are true and correct to -the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause #or'_perinit revocatiep. *Signature Title e Date Move of e/` *Signature of_company officer required. T 2 APPLICATION FOR A MINING PERMIT A. General Characteristics of Mine. 1. Total acreage at site for which permit -is requested: Acres owned Acres leased _ 0 2. Materials mined: 3. Mining method: Hydraulic Dredge U Underground Shovel and Truck Dr`dg•line and Truck ® Self -loading Scraper Other 4. Present depth of mine -Lr 5. Expected maximum depth of mine _ f�, E�e- e-t 6. Area of previous activity: (Identify these areas on your mine map.) a. Area of previously affected land at present site that is inactive and has not been reclaimed: b.. Acres previously reclaimed at present site $. Determination of Affected Acreage and Bond.. 1. Number of years for which permit is requestedS(10 years maximum). 2. Total affected acreage:. a. Area used for tailing ponds acres b. Area used .for stockpiles acres c. Area used for waste piles - acres d. . Area used for processing plants ��_(�' acres e. Area -of active mine excavation. �_ acres f. Estimate annual acreage of new land disturbed by mining 3, 5 g, Estimate total' land distu.tbed by mining that is subject to reclamation by multiplying Item 2f by 3 MIS. acres .TOTAL OF 2a through 2g acres 3 APPLICATION FOR A MINING PERMIT 3. Check acreage to be bonded: Total affected acreage figure from B, I 2 equals acreage to be bonded. 0 - 4.99 acres {$ 2,500 bond) 0— 5 -- 9.99 acres {$ 5,000 bond) ? 10 - 24.99 acres ($12,500 bond) 25+ acres ($25,000 bond) 4. Will your company file a blanket bond covering all of its mining operations in North Carolina? Yes No Check the amount of blanket bond: $2,500 Cr $12,500 $5,000 0 $25,000 C. Protection of Natural Resources 1. What precautions will be taken during mining operations to prevent significant adverse effects on wildlife, or freshwa er, estaurine or marine fisheries? li -ren Ge w;11 be ePeeTeol rc keep akt IV; Id P; fe , TA e t e a e �e n0 a 5't1a u r i rr e, rJ cr i', e o r �'," e s �✓�7� �` tv b e o-R�eC f'eoZ . 2. Is there a waste water discharge from your plant or mine? Yes ❑ No 10 If yes, indicate the approval document number issued by the Division of Environmental Management, Department of Natural Resources and Community Development. -Expiration Date 3. Is there an air contaminant emission from your mine or plant? Yes 1 Nahaj If yes, indicate the approval document number issued by the Division of Environmental Management, Department of Natural Resources and Community Development. Expiration Date 4 APPLICATION FOR A MINING PERMIT 4. Describe methods being taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial, or industrial building from any mine excavation.. /Von e, o f rA e above /� a� a el i "te A.5 gI`e, 1 r1 fife 11rlrf`r7 a Aegy 5. Describe measures to be taken during mining to insure against (1) substantial erosion and offsite deposits of sediment (include specific plans for erosion control for mine excavation, waste piles, and process areas), (2) landslides, (3) acid water pollution. /V/- (Tl,eioe K)r 11 Le no o si e alc'Pos;tsJ c° Pa S ►'o 4 will be, dfia/ Care o-F d y Mo.ni-feti l each? dory, Tf ally erps;etij I't will be b,IX rh-eee W,I11 G C. no wash P'F'Jes or Pro Cr ss aleas p/' lan0/s /,'o/ps, Acrel Wafer Po flu 'va show /� fief occur 5 APPLICATION FOR A MINING PERMIT 6. If explosives will be used, describe what precaution will be used to prevent physical hazard to persons or neighboring property by flying rocks or excessive air blasts or ground vibrations. No e ylo .s,' v es 'w,' 11 he u sLoal. 6 Reclamation Plan I. Describe your intended plan for the reclamation and subsequent use of all affected lands and indicate the general methods to be used in reclaiming this land: the ex ca vQ fd area w ►11 b e u seol as tPonals , Th c logos lvi I � e s lol eo' Ondlo o rA ae So as not td Gonst,'t,fe a �a'n�,e�oNs o/' hazaraloNs area, The mi,i;ti W 11 he of ttie Qjen /'t fype, The. 510 eon areas of 7-A e Pif will be eac-1, 7� e lends 7 Reclamation Plan 2. In excavation of unconsolidated materials, describe what measures will be taken to insure protection of adjacent resources such as width of buffer zone and grade of slope, etc. f6tr' w►'tt bc na ,u►r oil so1;�a�e� rMat�r►'als as s ccc ti� p rr l ga n Ii �r'�t i?o� �o u 1 rJ a w� l / b e rh r� eca�. r!, e y e o�� i 1 eaf a no� 50 r� • r $an� anal d,�t W► �� b � C u+r►a will also be sold, the piles W'C/ he Se �"afe from �eac-ti vAe.r, 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock. No eK ca VRfI`otl S 1,4 rock 4. Indicate method of reclamation of overburden, refuse, spoil banks or other such mine waste areas. 5. State what precautions will be taken in reclamation to insure that the reclaimed site is not detrimental to animal or fish life. Rtl ?recuPfion5 -hat Qrte niac essal y ,Fb ,e area m,'l? ed o 0 l b.e� l e -Ft as a p ro fet Flood COA-r'o 1' laces) Sivles .o � v I' Sp as tv Pteverft� �`os� �vt t$I/ 6e- plowrCle1, o f en Ponod wt tk wdl b e, s/o�ed s' I►'dye s , 8 Reclamation Plan 6. Describe plans, if any, for screening operations from public view. �ccrV,,*/7e0/ 47 'ea / S 'F/or?. a P!',Iva te- i 0 a a X d fi� y y to , /� �ro A/C l �� fih "0, Poe re, y; f w .plom A4 6 f,c q 7. State the method of rehabilitation of settling ponds. See, 4k 5 Ab0ve 8. State the method of control of contaminants and disposal of mining refuse (Note definition of refuse in The Mining Act of 1971): rhete. will bre Ao Pe -Fuse as olesctl'hepl if7 .M,',,r` n ACT D'f 19' 71. A)l di'lvl L7►'���OI" p f�'! � r'' SQ � ! 1 Ze S501, Qe -P �jo��/`� OP��1P 9. Indicate the method of restoration or establishment of any drainage channels to a condition minimizing erosion, siltation and other pollution: 9- Reclamation Plan 10. Describe provisions for prevention of noxious, odious or foul water collecting or remaining in mined areas. fill MiAed uteri w" 11 be pump ed out on a da;ly ba6i'S, Aveby el;rhi It'n9 any r �ou 1 Water' coller- tivn. 11. Describe how the surface gradient in unconsolidated materials will be restored to a condition suitable for the proposed subsequent use of the land after reclamation is completed and proposed method of accomplishment: 9nn 1 F ,5 `-kt,fe w111 be no wgconS0A',)a teal Mate/vals as 5uc 12. Describe your plan for revegetation or other surface treatment of the affected areas: NOTE:. Revegetation Plan must be approved -by one of the following: (a) Aut�d representatives of the local Soil•and Water Conservation District having jurisdiction over lands in question.; _j (b) Authorized representatives of the Office of forest Resources, Department of Natural Resources and Community Development; (c) County Agricultural Extension chairmen or Research and Extension personnel headquartered at.North Carolina State University in the School of Agriculture and Life Sciences; (d) North Carolina licensed landscape architects;. (e) Private consulting foresters referred by the Office of Forest Resources, Department of Natural Resources and Community Development; (f) Others as may be approved by the Department.. 10 U. (Continued) P/47 / • i / . // • / / I r 5 �-ed 1� C iQrh a [ ro n fla,7 Oi ffa c h ,4 Revegetation.and/.or reforestation plan approved by; Signature Title Agency Date r• ' ALBERT H'..; :QUTI.AW: r „M wn 1k `.Gt. '��i.`•t~ +s Ly`1,,„y F rr :� :J j/ .. 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"Cl- COSOS-228 Rov, &71 •.'Codo CONO-J41 a�nrer ..� CI�P✓�j•• CONSERVATION PLAN MAP UNITED STATES DEPARTi4'IENT OF AGRICULTURE SOIL CONSERVATION SERVICE cooperating with ---------------------------- ---- �y Conservation 01vulrt 05 C N County .c,clur (Community, watershed, rood 6 dittunce, etc.l ScC4,.W�" ! Flan Iso. _� Date / 4� �`� C - :caiu Acres — A f /�•�• gppruxlrnata Approxlmeto Photo No. APPp -tx. 3D0" A 3d6, raw, Jyj az� fi vn� S e ze app . 1 area k.. �ti•lers� � u SD A-6z S S CS-CONS-66 REV. y-» COOPERATOR A _ H_ Qvitl art RECORD OF COOPERATOR'S DECISIONS ASSISTED BY AND PROGRESS IN APPLICATION DATE PLANNED APPLIED FIELD LAND USE AND TREATMENT MONTH NO. AMOUNT YEAR AMOUNT AND YEAR The mined area will be worked as 4 separate sections. Each area will be treated and[ revegetated approximately the same. Complete each section before moving to the next. SECTION Off ite surface water 1983 Construct a dike about V high or a diversion around the work area. Outlet into the stream through a 15" pipe. Seed dike and diversion. See rates and methods below. EntrEnce Road Reshape road ditch on the west side of entranc road. Slope banks to 2:1 or flatter. Construct a shallow grader ditch on the east side. Inlet the road ditches into stream with 15" pipe. Stabilize roadbed with marl. Seed shoulders and ditche banks. See seeding method and rates below. Minirg Area This area will serve as a sediment basin durin mining operations as well as later. As much as possible, pump water from pit when it is the least turbid or less muddy. After the mining is completed, seed the entire disturbed area. See seeding method and rates below. The area may be stocked with fish when completed and stabilized. Prepare and manage each section the same as section 1. SeedIng Because of the sandy soils, summer perennials, such as bahia grass and coastal bermuda are best adapted. S� Before seeding apply lime at the rate of 1� tons per acre and 8-8-8 fertilizer or equivalent at the rate of 1000 lbs/acre. If seeding is done from February to June, use 10 lbs, of hulled bermuda, 30 lbs of bahia grass and 20 lbs of rye grass per acre. LL Con •,u� '[SYYI� �,� n�x��Qy,p U so A-ac a REYcoy? ns COOPERATOR A- ntit-law RECORD OF COOPERATOR'S DECISIONS AND PROGRESS IN APPLICATION ASSISTED BY M, W QWAnc DATE 1 41 A 481 Page 2 FIELD PLANNED APPLIED LAND USE AND TREATMENT MONTH NO. AMOUNT YEAR AMOUNT AND YEAR If seeding is from October to February, substitute unhulled bermuda at the rate of 25 lbs/acre. Avoid summer and early fall seeding. Mulch the steeper slopes and banks with small grain straw at the rate of 2 tons (approximate 80 bales) per acre. FA ONS-ts U. C. DEPARTHEW OF ;'., I -UL-TURE dr-R 1974 7 VICE' Vill L7P Operator ty State I survey sheet (s) or code nos. Approximak suile -- Prepared by U. S. Department of Agriculture, Soil Conservation Service cooperating with Conservatico District Mr 414 i4% t V 63 63 e1A A . % N III r - Aw 1% 111A -4-2- tS4. 111P "N T- Aff 41— LA �rN ie- "V 4L I v + 4-2, 7- 6 027 g 4 Orr", A. 11 Pp I tip, 1 75 15 ,6 .3 kL Ir V" EW yr J L'm • �U �f. 4,4 *0�7!Vi:"JiM. 05 S. DEFT. OF AGRICULTURE CONSERVATION SERVICE SOIL MAP LEGEND ^�14E A f�. Outlaw DATE L1/14/83 . s.._,_, _ Soils on This Unit of Land are: Man Svmbol Manpin2 Unit 69 Muckaiee loam 60 Leon fine sand 6B Baymeade fine sand tn(-,e,rpr.etative Interpretations of Soils Groupings NC-CONS-2 (1.0/77) File Code CONS-14 69 Poorly drained soils on flood plains subject to frequent flooding. The topsoil is a dark loam. The subsoil is a gray, stratified sandy Loam or loamy sand. 60 Poorly drained, sandy soil with a weakly cemented stained layer within 30 inches of the surface. i)epr.essed areas may be ponded. The water table is less than 10 inches below the surface during periods of high rainfall. 6B This is somewhat excessively drained, draughty, sandy soil. The water table is more than four (4) feet below the surface. �i SI„I©' mow_ t� � ` fP+• ,• , , ' a , � x',� 1 4 Woe, Joe fu .z } �5*i .�^i�t>..,r h �:j• 4 lJ , { T/n�/� . d ! i, F� ik r' Aw; a 1 4 tel-yrii`�'i d;1 ° 4; lrtp9,4 us 7 r• �'S� wt.y��ri5'M�f,y 1.�`;. '�K .att 7: a �• rei��•1t•S '% i '•s- + rr,-i�''�l L M',�,y�7f� '' F,i x '"j ��•iii!llee.l,,,,"'"'FFF...t ' `� Q.o a ,�� + Lf jti 3i�fw;� � 1 �, 3'Y yi� f�Zj� }. 1 '•.=+j ir''i ,ty r.w•.' .. _ ».2 fff }FFF i � ��ihST.�r'v��}���+d��,3' •°�f�'iFt y •,• ,r"A��r:,:�.,�3r q rL 1' C tsk?!z ta� ���� 'r� �.'���� tr. ' � y �� ��yy'� `d :�{,f,,�j .. 'i• �. 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S Y,� ir;• Ft r. �' I , '� VI ".I y +il rt��,,.4• �I��S ��`�t •` ��ii� 1� ,yf f kF•y`��� /��i 'il' n�VC'.�i �/4 �F 1'Y. rhj�t, �`• 'w .�, 9 � J, f � A ro►�+.� No ;- `� M_ 1^k _ ' '4 w�,E1. s to -1� ha�� ��s"r`3yy� rr� � .y y i d:s --.I',' /1�{ �{,,�` I"�•��''"� - ! I �'!",,.ti''` r { r r- r}•,YShGJ 9rt,,r- '1� •a 9?S J `� . 4' : - n' .,'\ Y AW t �.r t �,� +, .l,� 4 LI}s J '' -9 3% {$. b+St .�, � i .M1• _. +t 4 !. •. ff 2Er 4 S -` M5 Ak r } i. ..Z s• 41 ' � ; r,�Ky i9 ; ; J Fh fi! t h_ �� ,Y Sit. �t.'�•'i� �•[•F. f �.S - � i f � 1 �i �,• k 1 r` �'� �'�rt rf� �"�•� 1�f ' 44 ,y x•;i fit. ? _ ' •° � - - - N � 3• _' t � � `_, �� t f�� � ,, Z Y' a ,r.l s• `� A_ v` t A K. ,.�._ p','�'' h - h ., y- 4i,: 4d� r 1'y/ �•'syr��i t -11 d,Jri1 k([ � 'si . t r �,5. , r7 S :� ' +t > '�'¢ tl 5� t *n � 7 '4. ,5•. t { ,f ?p A. • b 1 �, C •f' phi ! ^ .%1r y r ..fir i �. '� b ,li �+ Jy' ' M ',a - • . ;S','., , 4 -3 . • rr j rr _ � '` +Y�R�.• r � i �. !r = � .t.• �tfJ1��r7 •YA _� � ra lnl � z:•_ ,i ti`�^ � ' �4 � � t.•�V t:. '��br� t .r r.;� i wiv , r r• tw n, r: � � {{jjyyrr r 'tir'" Qi. yy7{+IF , r y h r .y +,r,_ � i i ;(`ti ;.`.�4 y y •�.. 11 �7CJ �v� ,A h: "FDi. h •i • `+� rA, r •t5 _ .. - � is •`, 8. + � t � 3i � �a ' '. �k: t �'t•rh � ' � r•. 'i r '.Yt� � � - r.: `',�,•Ju s yl fit, R4 • rid:. _•'� .r, it �: ,•, .! f y4 ��,�'.` . •'4 1 to ` t //}} rid'. f• All w 1.7 r A3 11 Reclamation Plan 13. Provide a time schedule that meets the requirements.of G.S. 74-53. (Add sheets if necessary) 14. Notification of Adjoining Landowners The "NOTICE" form or a facimile thereof attached to this application should be sent certified or registered mail to the adjoining landowners unless another means of notice is approved in advance. The completed "Affidavit of Notification" attached to this application must be submitted before the application is considered complete. 12 NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that # VS l►-d us Iti has applied on (j Ver7 �J P% C_4' 8 3 to the Land Quality Section, Division (Date)�, of Land Resources, North Carolina Department of Natural Resources and Community Development, P. 0. Box 27687, Raleigh, North Carolina 27611 for a surface mining permit to commence mining of CO on 26 �.'�nera , OreN�?,er acres located of .S Mi s Direct on Nearest Town near road in '� County. Road Name of County In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining the proposed site, and to notify the chief administrative officer of the county or municipality in which the site is located. The property owner may file written comment(s) within ten (10) days following receipt of this notice to the Department at the above address. Should the Department determine that a significant public interest exists, a public hearing will be held in accordance to the Department of Natural Resources and Community Development, Mining, Mineral Resources Regulation Sub- chapter 5B, .0011. Alovambtr Date Mailed to d re see A0 o X )2 Ad rlless of Applicant) .�.j ti�Y�a Ito !I AFFIDAVIT OF NOTIFICATION 13 I, PA V Ill'-sCtd , an applicant, or an agent, or employee of an applicant, for a Mining Perdiffrom the N.C. Department of Natural Resources and Community Develop- ment, being first duly sworn, do hereby attest that the following are known owners, both private and public, of the land adjoining the proposed mining site and that notice of the pending application has been caused to be mailed,.by certified or registered mail, to said owners at their address shown below, such notice being given on a form provided by the Department: e v E (Name) (Address) e<EL)�t.5 S k 1 Al I If 2 f L Z ffew op Rt3. SeBlr. JVG 28'yL2 rr If _T vgA S / Z �a IfA�7S T 3 OA s / S'ae,41v At zsras� Y (Attach additional list if Wecessary) I do also attest that the following is the chief administrative officer of the county or municipality in which the proposed mining site is Located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at'the following address: (Name) (Address) �iljian X2 p u 2ry7 2 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 the owners of record of the adjoining land and the_ chief administrative officer of the county or municipality in compliance with N.C.G.S. 74-50 and 15 N' C.A.C. 5 B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Gvembee 9 /I -m Date f Signature If person executing Affidavit is an agent or emp oyIee of an ap licant., provide the following information: (Name of applicant) f}Y,ji'lduSr�ra�y/d�UGS.il G, title of person executing Affidavit) COrdOPare- Secretar v -Tivea Baru I, Lid fa V4 Y'eW Gi! ', a Notary Public f the Cou ty of rCJ/'u f75 k/, 'c. , State of.North Carolina, do hereby certify that v It's personally appeared before me this day and under oatA acknowledged that the above Affidavit was made by him. Witness my hand and notarial seal, this. day of Ale y 19. Notary My Commission expires: I rf� � r• ; � ' 1 • ti \r t 14 15. Maps 1. Two copies of the county highway maps and two copies of mine maps should be submitted with each permit application. County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 Maps for each county are available for $0.15 each plus 4% sales tax. Make checks payable to the North Carolina State Highway Commission. Mark clearly the location of your mining operation on the county highway maps. 2. Mine maps should be accurage drawings, aerial photographs or enlarged topographic maps of the mine area and of a scale sufficient to clearly show the following: a. Property lines or affected area of mining b. Outline of pits c. Outline of stockpile areas d. Outline of overburden disposal areas e. Location of processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed) f. Location and name of streams and lakes g.- Outline of settling ponds h. Location of access roads i. Map legend: 1. Name of Company 2. Name of Mine 3. North arrow 4. County 5. Scale 6. Date prepared 7. Name and title of person preparing map J. Names of owners of record, both public and private, of all adjoining land The mine snaps should be correlated with the reclamation plan. The approximate areas to be mined during the life of the permit should be clearly marked. If reclamation is to be accomplished concurrently with mining then show segments that are to be.mined and reclaimed during each year of the permit. Add drawings showing typical sections or cross sections and layout of proposed reclamation where such drawings will assist in describing your reclamation. 15 LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives r 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 this Act, so long as the Department or its appointed representatives are accompanied by an agent or representative of our , Company. 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 Section 14. *Signed Title Pt e-s;J.P-ht - - • •— Mine Company V5r, j As rsa� Jn�/' '11G. *Signature should be the same as the officer who signed the application for a permit. Return to: Land Quality Section N.C. Department of Natural Resources & Community Development P. 0. Box 27687 Raleigh, North Carolina 27611 MINE INSPECTION REPORT Land Quality Section Wilmington Regional Office 7225 Wrightsville Avenue Wilmington, NC 28403 (919) 256-4161 oft 30 lim AND QUALITY SECTION 1. Company:// /(�-�itNW"iZ'z:i L J ,2. County: 3. Mine: 111lCi 4. Permit No. T 5. Person Contacted: AQ, n- v _ T 6. Date Inspected �.-2I 7. Pictures: Videotape Slides Other 8. Was mine active on date of inspection? Yes � No 9. Erosion Control Measures taken. LeQ 10. Describe any offsite damage. 11. Are public safety provisions in compliance with permit? 12. Waste Disposal measures taken.1 C' 13. Is Annual Reclamation Report form accurate? Yes No If no, explain4d .»t��C ii Z` 2�'�/� - • • _..�. _... .. --- -- 14. Reclamation accomplished since last inspection. No. of acres 15. Reclamation measures needed. r'�.:s��,r - .�A'e7- ue- 16. Other recommendations & comments: i , 17. Were recommendations made to operator at site? Yes No 18. Follow-up inspection needed? Yes No 19. Copy sent to operato ? Yes (date) No INSPECTED BY: North Carolina Department of Natural Resources &Community Development James B. haunt, Jr., Governor Joseph.W- Grimsle,, Secretary January `` 4 Mr. Albert H. Outlaw AVS Industrial Services, Inc. P.O. Box 129 Shallotte, North Carolina 28459 Re: AVS Mine Brunswick County Dear Mr. Outlaw: DIVISION OF LAND RESOURCES Stephen G. Conrad, Director Teleohone 919 733-;1833 Your application for a mining permit for AVS Mine in Brunswick County has been reviewed. Enclosed is a draft of the mining permit proposed by the Department. The conditions in the draft permit were based primarily upon information supplied in your application with conditions added if necessary to insure compliance with The Mining Act of 1971. Also enclosed is a form for your use in securing the required surety. For your convenience, I have enclosed a bond form and an assignment of a savings account form. In addition to one of these alternatives you may, upon request, substitute a cash deposit, mortgage of real property or negotiable securities. Please review the draft permit and contact this office should you have any objection or question concerning the permit conditions. G.S. 74-51 provides the operator 60 days following the mailing of application approval notice in which to file the required surety. . The permit will be issued when the required surety has been received. No mining may be conducted until the permit is issued, Please advise if you should have any questions concerning this matter. Sincerely, James D. Simons, C.P.G.S., P.E. Mining Specialist Land Quality Section JDS:ps Enclosure cc: Gerald Kraynak Geological Survey-733-2423; Geodetic Survey-733.3836; Land Quality-733.4574; Earth Resources Planning-733.3833; Land Resources Information Service-733-2090 Flux 27687 Raleigh NC 27611-7687 STATE n h State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor March 19, 1985 Mr. Albert H. Outlaw AVS Industrial Services, Inc. P.O. Box 129 Shallotte, North Carolina 28459 S. Thomas Rhodes, Secretary Re: AVS Mine Brunswick County Dear Mr. Outlaw: The application for a mining'.permit for AVS Mine in Brunswick County has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. Since we have received the required surety to cover this application, I am enclosing the mining permit. The conditions of the mining permit were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971. Please review the permit and notify -this office of any objection or question concerning the terms of the permit. ncerely, James D. Simons, C.P.G.S., P.E. Mining Specialist 0 Land Quality Section JDS:cj Enclosure cc: Gerald Kraynak 1 P.O. Box 27687. Raleigh, North Carolina 27611-7687 Telephone 919.733-4994 An Equal Opportunity / Affirmative Action Employrr NOR1H GIROLINN DEPAWMENT OF CULTURAL RESOURCES Raleigh, North Carolina �7611 Division of Archives and History William S. Price,X Director Sara W. Hodgkins, Secretary James 8 Hunt, Jr.. Governor December 13, 1983 119" IE'%"r 1E1I W IE MEMORANDUM TO: James D. Simons I Land Quality Section Division of Land Resources, 00"Mm a FROM: William S. Price, Jr.U)9 State Historic Preservation Officer SUBJECT: Application for Mining Permit "S Mine, Shallotte, 2.0 Acres, Brunswick County, ER 84-7431 Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter 74, Article 7 of the North Carolina General Statutes. Because of the location and topographic situation of the proposed project area, it is unlikely that any archaeological sites which may be eligible for inclusion in the National Register of Historic Places will be affected by the proposed borrowing. We therefore recommend that no archaeological investigation be conducted in connection with this project. Thank you for your cooperation and consideration. If you have questions concerning the above comments, please contact Ms. Renee Gledhill -Earley, Environmental Review Coordinator, at 919/733-4763. WSP:slw State of North Carolina Department of Environment, Health and Natural Resources Division of Land Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Charles H. Gardner, P.G., P.E. Director and State Geologist July 21, 1997 0 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Albert Outlaw AVS Industrial Services P.O. Box 957 Shallotte, North Carolina 28549 Re: AVS Mine Expired Mining Permit No. 10-10 Brunswick County Lumber River Basin Dear Mr. Outlaw:. DEHNR An inspection was made of the above mine on April 1, 1997 in accordance with G.S. 74-56 of the Mining Act of 1971. At that -time, several areas at the site were in need of final reclamation. Recently, 1.8 acres of your previous mine site has been permitted by Mr. Ottrue Evans, Sr, The remainder of the 20 acre site has been found to be satisfactorily reclaimed. Therefore, you are released from further reclamation responsibility for this area with respect to the Mining Act of 1971. I am returning your surety bond issued by NCNB National Bank in the sum of $2.,500.00 to you. Thank you for. your„Acooperation in this matter. Sincerely, 6/"_� Charles H. CHG/tls Enclosure cc: Mr. Dan Sams, P.E. Mr. Ottrue Evans, Jr. Geological Survey Section (919)733-2423 FAX: (919) 733-0900 6/ - Gardner, P.G., P.E. Land Quality Section (919) 733-4574 FAX: (919) 733-2876 P.O. Box 27687, Raleigh, North Carollna 27611-7687 • Telephone 919-733-3 33 • FAX (919) 715-8801 An Equal OPportunlly / Affirmative Action Employer • 50% recycled/ 10% post -consumer paper ► P_281 678 176 Receipt for Certified Mail No Insurance Coverage Provided y Do not use for International Mail Mee Reverse$ Sent to Street and No. P.O., State and ZIP Code Postage Certified Fee Special Deiivefy Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Retum Receipt Snowug to Whom, Dale, and Addressee's Address TOTAL Postage & Fees Postmark or Date 7/24/97 LAND QUALITY SECTION BUDGET NO.: 26 DATE REC'D: 3/04/85 OPERATOR: ALBERT H. OUTLAW TYPE SECURITY: SAVINGS ACCOUNT , SECURITY NUMBER: BANK: NCNB CITY: SHALLOTTE DEBIT: 2,500.00 CREDIT: 2,500.00 DATE RELEASED: 7/24/97 COMMENTS: RECEIVED BY: DATE: RELEASED BY: �it�/ (�t!✓t/y DATE: a - 7 a a 1=126 March 11, 1985 MEMORANDUM TO: Bill Bradshaw FROM: Charles Gardner CA — SUBJECT: Albert H. Outlaw Assi nment of Savings Account No. $2,500 The attached Assignment of Savings form is hereby transmitted to you for your safekeeping. Thank you. Received by Date Released by Date-/�-�s s ASSIGNMENT OF SAVINGS ACCOUNT This Assignment, made and entered into the 4th day of March , 1985 , by and between Albert H. Outlaw of P.O. Box 129 , (operator} address City of .Shallotte , 6unty of Brunswick , State of North Carolina, and the North Ca:olina.Department of Natural Resources Community Development; and WHEREAS, the undersigned Albert H. Outlav' [hereinafter (operator). �-- - referred to as "Operator!] is -desirous of engaging'.In.mining. operations In the State of North Carolina and such mining operations are subject.to the:provisions _ of the Mining Act of 1971, Article 7, Chapter 7.4 cf-the General Statutes of North Carolinas and WHEREAS, NCGS 74-50 requires that mine -operators -obtain a -permit -from the Department of Natural Resources a Community Development (hereinafter referred to as "Department') before eifigaging in -mining operations,.and NCGS 74-54 requires that a surety bond in favor of the State be maintained or other security be filed with the Department, in connection with said.permits and WHEREAS, Operator has a savings account -in N.0 NBank _ (bank) at P.O Box 460 , City Iqf Shallotte , (address) County of Brunswick , State. of North Carolina, Savings Account No. _; and ' WHEREAS, Operator desires to assign said -savings account to the Lepartment; and WHEREAS, NCGS 74-54 authorises the Department to accept from Operator an assignment of a savings aacou_nt in a North:Carolina.°bank., in lieu of a surety MWw 1iiRBCPM, i.n contidsretlan of the;.premtaasand the Department aer pti.nS an, aosignment -of Qaid stavings 'Accouni`..in lieu of a surety 'bond, .the undersigned Operator does hereby sell, asign, •transfer, set over to the Department-. of Natural. Resourcaa. & Community Development Twenty -I?y-e iHundred _ dollars ($ 23500.00 Y of the sums -on deposit in his name in _ Nor.th Carolina National; Bank , City of Shallotte (bank) — County of Brunswick State,of North -Carolina, Savings Account No. _ and+further authorizes RM to pay..over-to the Department;of Natural,Resources & Community Development the above sum of Twnet Five nd d dollars ($ 2„mo,00 } out of the above money on deposit in the above account in his name. assignor Operator The condition of the foregoing assignmerit.;is'-•that'if the conducts the -mining operations faithfully,. honestly',•and lawfully and in coinpliance with the requirements of the; Mining' -Act of 1971 and applicable Rules ' and Regulations adopted pursuant thereto,? then this assignment shall be null and voids otherwise it shall remain-in.-fullforce .and. -effect. Compliance with the E'. requirements of the Mining Act of 1971. and applicable.Rules-and Regulations shall be determined by.the Depar.tment.'' This assignment is made and.the ",Passbook (paesbook,. 'deposit. book, etc.) is to be held by.Department as collateral.,security. for, -all direct or- indirect liabilities of'the assignor Operator'to-the.assignee Department which may arise by reason of -the Mining Act_of 1971, Aiticle,7,.Chapter 74 of the General Statutes•of North Carolina,,, This assignment shall be direct-authoxixation,to -North Carolina National Bank • to pay said sum to Department on demand by Department. -_ -.(Signature of Operator)-{S al) Swornto before -me this '-day of Vbt6k 19 Notary -Public -- -fly; Commission Expires. ACKNOWLEDGEMENT BY BANK The foregoing Assignment of-�gayqings Account ti*� is hereby acknowledged this-4th 44y oe Mmx,ctx 29 85 jr } ` f It -10 further acknowledged.' -that 'funds .,in the... o�ve mentioned account- shall note- be. disbursed J`r s oabapt . to ttaa "assighee' ''Aepaxtme�t� of �.N1tCb ,so' °fang as the Assignment" semi ins In .affect. ' '� ` 4��= � �• th This e. daY ' o !] � Ij - (bank),,', ; ('seal )- Sworn' to before,rme' this UIi,414. day. of . I 9 Notary Publi.�.� My Commission Expires ;? A", 0 Lftrgonal Account �Slunature Card NCNB National Bank of North Carolina Tolls i Date E��T'_,HAMJ,::L'_QUTLAW 'Trite 2 To Account NLWrLbw DDA SS/TaxIO No Code '0 FFtC ov, NO. To" Account Number "0'(). Line No awl /,23PIMI UN Joint Account . co Joint Account Without. LXIAnd" ccouns With Surwvorrhip - &"Vwsrup NEW .' Account TV�Type'"IDA R E G 21 -The undernsigned Depciallar(s) hireby M: to the I Depositon Agreement printed on Front and Reverse of Cy. 10 N IS 5!717 �, 0.0 0 lures Rn:-d x Under Penalties Of pOrjVry, I certify (I I that the nuimber Mown on this IOrM IS My CCffW taxpayer 401-44ication number and j2j that I am not subject to backup withholding as a result 01 a White to fawn an interazi Or divioanos. or the internal Flovenus Sermis has notified me thatIemnolon rwbjeetl Mrs, subled to backup due L ha 01111111 Fee rudbean n"lliedthat tim= WithholIC11101p b We Id .1 L Data Title I ALBERT-HAMER =TLAW 03/0AJR5j 1 Accowl Number Title 2 DD SS:/Tax I D, Na Code FRC Opt. No. TOADAccount Nu . ff%ef Code- - UnNo" .1 623oo PMLI ODA X,Indrvidual JnintAoWunt Joint Account Without. wit, SumvorshiP S"vorship Ownei,"p: Account DA REG NEW T Sialus, Acoou 01 DepoWtors Agreement to "Wel Jile.untionsigned I)SPOS1110f(s) on Front and Reverse QI.CU printed lutes Required x I Wlury. j comity (1) that the n_umbW6r0" Oft a" form7mycoffeck t axpeyeridanldiCaiiomm�!'ber0ed{211 It Ur'dw "a"'o d1vidonds, or the lnloiryk8l RftinuOftafy" has ba Up thholdsirig at 0 result 014 1801,11M tO lepoft all interest W mr=bj.ClIO r Ifyou have been notified by IFIrS tWVM AUP nolihodmelhIllom o n 0 u have po been notified that the backup % Withtwifts is tarmin Data OpEkAnONS CENTER COPY SHALLOTTE, N.C. 1-754-8899 March 4, 1985 North Carolina Department of Natural Resources & Community Development P.O. Box 27687 Raleigh, NC 27611-7687 Dear Sirs: SOUTHPORT, N.C. 1-457-5202 , Enclosed is the Assignment of Savings Account required to issue the mining permit for "S Mine. If any further is needed, please phone me at (919) 754-8899. Thank you, !/ '� a 607 Phyllis McCoy Corporate Secretary /c hp Enclosure fir * r-* tf fin -T 'nr;-, T r !1` )-7 1.1 In-1 r,4 rrzjr-l-r�" fT C) "'); +- +j ,.' '7 -' f) T, ', r;f. I j, r IT . , fi n I... , - - (,, rr,) 1". - 4 � 1,0 1- , , .,; rl " !- -v), r-A - ,, - , r -, " , ') - I V * t t !, , I ( • , -5rgrt State of North Carolina Department of Natural Resources and Community Development 312 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary Mr. Albert H. Outlaw P.O. Box 129 Shallotte, North Carolina 28459, Re: Receipt of Assignment of Savings Account Form Dear Mr. Outlaw: I have received the com leted assignment form along with your savings account (# Thank you for your cooperation concerning this matter. Sincerely, ames D. Simons, C.P.G.S., P.E. Mining Specialist LAND QUALITY SECTION /cj Gerald Kraynak `1 P.D. Boa 276S7 Raleigh, .'Forth Carolina 2761t-7687 Telephone 919.733.4984 An Equal Opponunity ' Anirmanve Action Employer