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HomeMy WebLinkAbout20211008_ApplicationP.L-A. uNTE E N C. I N E E F2 I N G, I N C. 1 2 2 C I N E M A D R I V E W I L M I N G T O N, N C 2 8 4 0 3 9 1 0- 7 9 1- 6 7 0 7( O) 9 1 0- 7 9 1- 6 7 6 0 ( F) L E T T E R O F T R A N S M I T T A L To: NCDE -DEMLR Mining Section Date I to/6/2021 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Blueberry Properties P,-Ws STA-E /w#'C ft" tr Attn: Adam Parr Project No. 27166.PE e ate sendin ® Originals ® Prints ❑ Shop Drawings ❑ Calculations ❑ Correspondence ❑ Plans ❑ Specifications ❑ Other as listed below he following items. Quantity Date Dwg. No. Description 2 State NCDEQ — Land Quality Section Bond Pursuant 1 Mining Permit Fee — Check # 37005 ($100) 1 State Mining Permit Transfer Letter Request 1 NC Mining Permit Application ssue Status: ® For Approval ❑ As Requested ❑ Construction ❑ Bid ❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks lion Taken: ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend & Resubmit ❑ Rejected -See Remarks ❑ Approved as Submitted ❑ Other emarks: Cc: Signed: J. Bfanch Smith, PE RECEIVED OCT 0 8 2021 LAND QUALITY 10INING PROGRAM I' NORTH CAROLINA MINING PERMIT APPLICATION OCEAN PINES PIT PERMIT No. 10-14 2021 MODIFICATION PREPARED BY: pARAMOUNTE E N G 1 N E E R I N G. I N C. 122 Cinema Drive Wilmington NC 28409 (910)791-6707 FOR SUBMITTAL TO: NC DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES LAND QUALITY 1612 MAIL SERVICE CENTER RALEIGH, NC 27699-1612 (919) 707-9200 RECEIVIED OCT 08 1021 LAND 41J/,LITY 14RVING PR pGRAM it NORTH CAROLINA DEPARTMENT OF ENVIRONMENT QUALITY APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Ocean Pines Pit County Brunswick River Basin Lumber Latitude (decimal degrees to four places) 330 55' 48.16" N Longitude (decimal degrees to four places) 780 24' 48.52" W 2. Name of Applicant* 3. Permanent address for receipt of official mail** 60 Gregory Road, Suite 1, Belville, NC 28451 Telephone (910)332-3524 Alternate No. 4. Mine Office Address 60 Gregory Road, Suite 1, Belville, NC 28451 Telephone (910)332-3524 5. Mine Manager D Logan 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. Date / Print Title Owner * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Sienature of comoanv 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 foil he hearing and the filing of any supplemental information required by the Department. All questionTuRywed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. OCT 0 8 2021 LAND QUALITY MINING PROGRAM APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): 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.: Total permitted acreage (acreage that the "renewal" fee will be based upon): ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No M. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ® No ❑. If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑. (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ® If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: 10-14 Total permitted acreage: 21.24 acres SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand 3. Mining method: ❑ Hydraulic Dredge ® Front-end Loader & Truck ® Shovel & Truck ❑ Dragline & Truck ❑ Self -loading Scraper Other (explain): APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 25 ft Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Ground Level/Top of Bank of Pit b. Expected average depth of mine (feet) +/- 25 ft S. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? Current mining by current owner. 6. Number of years for which the permit is requested (Life of the Mining Operation or Life of Lease from Public Entity): 10 B. MAPS 1. Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, Sth Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919)733-2423 www.geology.enr.state.nc.us/ County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation —Geographic Information Systems (GIS) Mailing Address: Physical Address: NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh, North Carolina 27699-1587 Raleigh, North Carolina 27610 (919)212-6000 www. ncd ot.org/it/gisContact/defa ult.htm I 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. Thus, all mine and reclamation maps must 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 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. APPLICATION FOR A MINING PERMIT I. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County S. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres 1 inch =100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: -igrrature:*— f / Print Name: Dr. DeCarol Williamson Print Name: D Logan (Title, if applicable) Owner Company Ocean Isle Beach Developing Co., Inc. Title: Owner -Manager (If applicable)Address: 2619 New Village Way Company: Blueberry Ventures, LLC Wilmington NC 28405 C� Telephone: (Q l0) Date Signed: 001 I of 1 �0 of i Mine Name: Ocean Pines Pit Telephone:-'I�L Date Signed: I I ^' ` I / ) I *Signature must be the same as the individual who signed Page 1 of this application. I*= and reclamation maps, and the appropriate processing tee (see next page for tee schedule) in the torm 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. m September 20, 2021 Mr. Adam Parr NCDEQ— DEMLR — Mining Section 512 N. Salisbury St., Raleigh, NC 27604 1612 Mail Service Center, Raleigh, NC 27699-1612 RE: Ocean Pines Pit Permit 10-14 State Mining Permit Transfer Brunswick County, NC Dear Mr. Parr, We, Blueberry Ventures, LLC, are the recent owners of the property for the above refenced subject mining permit. Pursuant to G.S. 74-51 of the Mining Act of 1971, we request a transfer of the above -referenced permit and understand to accept any and all responsibilities and liabilities with respect to Ocean Pines Pit Permit 10-14. Please find attached a new bonding amount of $9,300.00. V LVr,QII Blueberry Ventures, LLC We, Ocean Isle Beach Developing Co. Inc., are the current owners of the Ocean Pines Pit Permit 10-14. Pursuant to G.S. 74-51 of the Mining Act of 1971, we relinquish the transfer of the above -referenced permit to Blueberry Ventures, LLC. Please release the $9,300.00 bonded s1v}r s�cc9Wt that is on file in your office. Dr. DeCarol Williamson Ocean Isle Beach Developing Co. Inc Enclosures: a. $100 fee payable to NCDEQ b. New Bond of $9300.00 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY Land Quality Section Bond Pursuant to "The Mining Act of 1971" (G.S. 74-46 through G.S. 74-68) KNOW ALL MEN BY THESE PRESENTS, That Blueberry Ventures, LLC a Limited Liability Corporation and having its principal office at 60 Gregory Road, NE Belville, NC 28451 in the State of North Carolina , as principal, and NGM Insurance Company a corporation organized under the laws of the State of Florida and duly authorized bythe Insurance Commissioner of North Carolina to do business in North Carolina, with an office located at _ 2301 Sugar Bush Drive Raleigh Suite 600 in the City of g , North Carolina, as surety, are held and firmly bound unto the State of North Carolina in the sum $9,300.00 of Bond No. S334991 lawful money of the United States of America, to the payment of which will and truly be made, we bind ourselves, our heirs, administrators and successors jointly and severally, firmly by these presents. Signed, sealed and delivered this 22nd day of September , 2021. THE CONDITIONS OF THIS BOND ARE SUCH, That Whereas, the said Blueberry Ventures, LLC conducts or will conduct mining operations in North Carolina as described in the application for an operating permit which includes a Reclamation Plan as provided in G.S. 74-53 and has obtained approval of this application on the day of , 20 , from the Department of Environmental Quality. Rev. Dec 2006 NOW THEREFORE, if the said Blueberry Ventures, LLC shall comply with the requirements set forth in "The Mining Act of 1971"(G.S. 74-46 through 74-68) and with the rules and regulations adopted pursuant thereto and faithfully perform all obligations under his approved Reclamation Plan then this obligation shall be null and void; otherwise to be and remain in full force and effect until released by the Department of Environmental Quality in accordance with G.S. 74-56 orcanceled by the surety. Cancellation by the surety shall be effectuated only upon 60 days written notice thereof to the Department of Environmental Quality and the operator as provided in G.S. 74-54. ATTES 1. Blueberry Ventures, LLC Secretary ar Principal ssistant Secretary ( Attach ) By ( Corporate Seal ) President, ice Pre ' ent, ( here of Corporation ) Partners, o ner NGM Insurance Company Surety Countersigned at Not Applicable per 2005 North Carolina Code -General Statues 58-33-60 , North Carolina M Jennifer Underhill Resident Agent of NC Rev. Dec 2006 kj ,t Im�1a t lcI A Aget t and Atto1 ey in Fact Jennifer Underhill *PLEASE MAIL THIS FORM AND THE ATTACHED INSTRUMENT TO THE FOLLOWING ADDRESS: LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH, NC 27699 Page 2 of 2 ®NGM INSURANCE COMPANY POWER OF ATTORNEY A momber of Mm Midn swot Anita Group KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By -Laws of said Company, to wit: "Article IV, Section 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys -in -fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys -in -fact at any time and revoke the power and authority given to them. " does hereby make, constitute and appoint James P Lowrey, Jennifer Taylor, Rose Magee, John R Halderman Jr, J Karl Sherrill Jr, Hilary A Baker, Megan J Schlueter, Thomas Fahy, Michele Wood, Jennifer Underhill its true and lawful Attorneys -in -fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, undertakings, recognizances, contracts of indemnity, or other writings obligatory in nature of a bond subject to the following limitation: 1. No one bond to exceed Twenty Five Million Dollars ($25,000,000.00) and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of NGM Insurance Company; the acts of said Attorney are hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By -Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the company as the original signature of such office and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Vice President, General Counsel and Secretary and its corporate seal to be hereto affixed this 7th day of January, 2020. NGM INSURANCE COMPANY By: `� •'�` Kimbe K. Law Vice President," General Counsel and Secretary State of Florida, County of Duval. On this 7th day of January, 2020, before the subscriber a Notary Public of State of Florida in and for the County of Duval duly commissioned and qualified, came Kimberly K. Law of NGM Insurance Company, to me personally known to be the officer described herein, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me fully sworn, deposed and said that he is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company; that Article IV, Section 2 of the By -Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Jacksonville, Florida this 7th day of January, 2020. Omer,T� lv. 9*10w licmo I, Nancy Giordano -Ramos, Vice President of NGM Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at Jacksonville, Florida this 22nd day of September 2021 WARNING: Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITY of the attached bond please call 1-800-225-5646. ------- TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene, NH 03431 Attn: Bond Claims. -