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HomeMy WebLinkAbout10-25_1_RedactedEnergy. Min era! & Land Resources ENVIRONMENTAL QUALITY December 1, 2017 Allen Barnhill Barnhill Contracting Company PO Box 7948 Rocky Mount, NC 27804 RE: Mining Permit No. 10-25 Beaver Dam Mine Brunswick County Dear Allen Barnhill: ROY COOPER Governor MICHAEL S. REGAN 5ecrerars 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 permit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein. shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new. transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of $400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017 -- see the attached Invoice to remit the initial annual fee payment by this deadline Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a S501month 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 WCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director August 28, 2012 Mr. Jonathan Proctor Barnhill Contracting Company 2311 North Main Street Tarboro, North Carolina 27886 RE: Mining Permit No. 10-25 Beaver Dam Mine Brunswick County Lumber River Basin Dear Mr. Proctor: Beverly Eaves Perdue, Governor Dee Freeman, Secretary Your application for renewal and modification of the above referenced mining permit has been approved. The modification is to allow Land Clearing and Inert Debris land filling activities within the mining permit boundary as indicated on the mine map last revised July 12, 2012 with the stipulation that said activities shall be conducted in accordance with the statutes, regulations and permit requirements promulgated and enforced by the Division of Waste Management and any applicable local government body. A copy of the renewed and modified permit is enclosed. The new expiration date is August 28, 2022. 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. 413, 4C, 4D, 4E, 9A, 9B and 1 OE and Reclamation Condition No. 2D. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 10.13 acres and the amount of land you are allowed to disturb is 7.56 acres. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-707-9220 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http://portal.ncdenr.o[g/webArAand-ouality An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled i 10% Post Consumer Paper Mr. Proctor Page Two Please review the renewed and modified permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. Sincerely, 4eAtSc. Boyer, PE to Mining Specialist #dd Quality Section JSBIjw Enclosures CC' Mr. Dan Sams, PE Ms. Shannon Deaton-WRC, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 0 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. 7446 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. - Barnhill Contracting Company Beaver Dam Mine Brunswick County - Permit No. 10-25 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: August 28, 2022 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 August 1$ 2005: This permit, issued to Mac Construction Company, has been transferred in its entirety to Barnhill Contracting Company. August 28 2012: This permit has been modified to allow Land Clearing and Inert Debris land filling activities within the mining permit boundary as indicated on the mine map last revised July 12, 2012 with the stipulation that said activities shall be conducted in accordance with the statutes, regulations and permit requirements promulgated and enforced by the Division of Waste Management and any applicable local government body. Expiration Date This permit shall be effective from the date of its issuance until August 28, 2022. 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,- 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 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 area around the mine excavation and LCID landfill area shall be diverted internal to said excavation. Page 4 No dewatering activities shall occur at this site. Mining activities, including those associated with the LCID land filling activities, ;hall be conducted as indicated on the mine map last revised July 12, 2012 and :he supplemental information received by the Land Quality Section on May 4, 2012, June 5, 2012 and August 22, 2012. % 100 foot long gravel construction entrance shall be constructed and maintained it the intersection of the access road and Landfill Road NS, using No. 57 washed atone or equivalent. ng permit boundaries (10.13 acres) shall be permanently marked at the site on �t intervals unless the line of sight allows for larger spacing intervals. fi. 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. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. B. Buffers shall be maintained as indicated on the mine map last revised July 12, 2012. 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. Page 5 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): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. E. Any Land Clearing and Inert Debris land filling activities conducted within the mining permit boundary shall be done in accordance with the statutes, regulations and permit requirements promulgated and enforced by the Division of Waste Management and any applicable local government body. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10 A through E. 11, An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. 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 $500,000.00 blanket 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. Page 6 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 7 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. Page 8 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 E. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Reve etation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding -Specifications Dates Species Rate, Lbs/Acre February 15 -April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1 - July 31 Common Bermuda 50 August 1 - October 25 Lespedeza (unscarified) 30 German millet 40 October 25 - February 15 Rye (grain- temporary) 120 Soil Amendments Lime: 2000 lbs/acre or follow recommendations from a soil test. Fertilizer. 1000 Ibs/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 Ibs/acre 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 9 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 to Mac Construction October 21, 1991, renewed May 8, 2002 and transferred to Barnhill Contracting Company August 18, 2005, is hereby simultaneously renewed and modified this 281h day of August, 2012 pursuant to G.S. 74-52. r'Tracy E. Davis Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources W _ � W J U z a' LL d ¢ 00 W 00 in c) z Wo s` o UCL ■ ■ = z y cc":itC 0 O Z m E m O u O m 4 Cf, CY] C,e) (Do G M U ❑ Q > j., a E W (Y) T— C; C r G � E Co � CD aE W nCD � a- 4u � � w � � N J ti JUZ � 0 z�am� CO OOa of o mUUua,- 0 G _� U Co � -O ' O U UJ p O 1 _\\NNane LD cE vm E x 3a ��o d � 4J � LLI z a I� N �UZm 2 Q o LU z a� OfZ�o� o U LU W a z o m00� 0 C) Z Z m m m fl co o c � VIA 0 Q � � I Wehner, Judy From: Jonathan Proctor Uproctor@barnhillcontracting.comj Sent: Thursday, August 23, 2012 1:52 PM To; Wehner, Judy Subject: Beaver Dam Letter Attachments: Scanned from a Xerox multifunction deviceO01.pdf Judy, Attached is a copy of the letter. Thanks, Jonathan Proctor Barnhill Contracting Company PO Box 1529 Tarboro, North Carolina 27886 252/824-8287 (office) 252/823-0137 (facsimile) 252/717-5278 (mobile) jproctor(@barnhillcontracting.com -----Original Message ----- From: Workcentre7775-TARClbarnhillcontractine.com [mailto:Workcentre7775-TAR barnhillcontractin .com] Sent: Thursday, August 23, 2012 1:53 PM To: Jonathan Proctor Subject: Scanned from a Xerox multifunction device Please open the attached document. It was scanned and sent to you using a Xerox multifunction device. Attachment File Type: pdf multifunction device Location: machine location not set Device Name: Xerox7775-Tar For more information on Xerox products and solutions, please visit http://www.xerox.com 9 Yr,G • 231 I North Main Street PC) Ban 1529 Tarboro, North Carollna 27836 252-8731021 Fax:252-823-0137 www.bamh!Rcar"7a;r ing.aom August 20, 2012 Ms. Judy Wehner NCDENR--Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Beaver Dam Mine Modification Permit #10-25 Dear Ms. Wehner, Barnhill Contracting Company respectfully requests a modification for the Beaver Dam Mine to allow the operation of the existing LCID on -site. No additional acreage is required for the LCID and we have included a check for $750.00 for the modification fee. Should you have any questions, please do not hesitate to contact us. 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Davis, PE, CPM Director August 7, 2012 Certified Mail Retum_ Receipt Requested 7010 1870 0001 3321 0561 Mr. Jonathan Proctor Barnhill Contracting Company 2311 N. Main Street Tarboro, North Carolina 27886 RE: Beaver Dam Mine Permit No, 10-25 Brunswick County Lumber River Basin Dear Mr. Proctor: Beverly Eaves Perdue, Governor Dee Freeman, Secretary We have reviewed the renewal request and additional information your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: A review of the existing permit has revealed that the land clearing and inert debris landfilling activities have not been approved by this office for this site. In order to continue this activity, please request in writing your company's desire to conduct said activity and submit a $750.00 modification fee. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward the requested information to my attention at the following address; 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-707-92201 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:141grtal,ncdenr.orglwebfirAand-guality An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Certified Mail Mr. Hedgepath Page Two Land Quality Section Division of Land Resources Department of Environment and Natural Resources 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 can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919)_707-9220 if you have any questions. Sincerely, 9Jdith A. 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RLMW Rrrd ❑ Dwart sod & wA r cmman LEA) Daft RaP W Reed (0* mew qAm tm mi X41*4M rrgrU* that add Lard to t6low } ❑ Dtvt O of Ages & Ht" (orrly mw wltcgdm) ❑ ot4r: Datt: Ra d d Reed Daft: kSd d Red * •Sufew Dater COl![ni J6-. ? (eta We tka 25 days fnm mx�Q ❑ P6X Rote t6ft : y NWA AY- 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 June 29, 2012 Certified Mail Return Receipt Requested 7010 1870 0001 3321 1223 Mr. Jonathan Proctor Barnhill Contracting Company 2311 N. Main Street Tarboro, North Carolina 27886 RE: Beaver Dam Mine Permit No. 10-25 Brunswick County Lumber River Basin Dear Mr. Proctor: Beverly Eaves Perdue, Governor Dee Freeman, Secretary We have reviewed the renewal request and additional information your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: Show an unexcavated buffer along the Landfill Road. Include the existing berm along the road within the buffer. Show a construction entrance for the access point on the mine map. Provide a construction detail for the entrance. 2. As previously requested, provide more information regarding dewatering activities at this site. Provide the pump make/model, pump capacity and hours of operation per day. Show the pump location(s) and outlet(s). Provide a construction detail for the outlet(s). Permits/plans/notifications may be required from the Division of Water quality and the Division of Water Resources for dewatering activities. Provide the information based on the maximum amount of pumping needed to open the pit to mining. Otherwise no dewatering will be allowed and a modification must be submitted prior to conducting said activities. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:http://www.dlr.enr.state.nc.us/pagesAandqualitysecbon.html An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 61 0 Certified Mail Mr. Hedgepath Page Two In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 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 can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. cerely, r Judith A. Wehner Assistant State Mining Specialist Land Quality Section cc: Mr. Dan Sams, PE FJ Wehner, Judy From: Wehner, Judy Sent: Friday, June 29, 2012 3:50 PM To: 'Jonathan Proctor' Attachments: 10_25 adi 2 2012.pdf Jonathan We still need a few things. Call me with any questions. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919)707-9220 (919) 715-8801 fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. • Wehner, Judy From: Wehner, Judy Sent: Friday, June 29, 2012 2:51 PM To: Lambe, Brian Cc: Sams, Dan Subject: RE: Barnhill Seaver Dam 2. DWQ has no issues with discharges, minor or major. It is there call and issue. 4. -stipulate in Reclamation Condition No. 4 -"basin" is pit -point discharge is DWQ call -dewatering to be addressed -DWQ call -LCID From: Lambe, Brian Sent: Wednesday, June 27, 2012 4:13 PM To: Wehner, Judy Subject: Barnhill Beaver Dam As we discussed, the issues regarding barnhill's beaver dam mine: 1. Road access: Tracey judged that we could not double permit a property that is permitted under sediment. Barnhill will have to provide a construction entrance to Landfill Road. 2. On mine permit application question 3.b., the permittee answered "no." The pipe in the sediment trap controls the water level in the pond. There is minor discharge, not directly to the nearby stream, but a discharge nonetheless, probably into wetlands. The pipe should be sized appropriately. 3. Visual screening needs to be noted. 4. Refer to original comments regarding application issues. Brian Lambe Enviromental Specialist NCDENR - Division of Land Resources - Land Quality Section 127 Cardinal Dr Extension Wilmington, NC 28405 (910 )796-7314 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 • Wehner, Judy From: Lambe, Brian Sent: Wednesday, June 27, 2012 4:13 PM To: Wehner, Judy Subject: Barnhill Beaver Dam Attachments: review comments 05092012.docx As we discussed, the issues regarding barnhill's beaver dam mine: 1. Road access: Tracey judged t could MIL a P LY that is permitted under sediment. Barnhill will have to provide construction entra ill Road. 2. On mine permit application question 3.b., the permittee answered "no." The pipe in the sediment trap contro� the water level in the pond. There is minor discharge, not directly to the nearby stream, but a discharge netheless, probabl into wetlands. The pipe should be sized appropriately. isua scr d. 4. Refer to original comments regarding application issues. Brian Lambe Enviromental Specialist NCDENR - Division of Land Resources - Land Quality Section 127 Cardinal Dr Extension Wilmington, NC 28405 (910)796-7314 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. Page 7, Section C #1: Seeding and stabilization should be simultaneous to the extent feasible, not upon completion. Section C #2 Silt basin is omitted from measures. Section C #3b: There is a point discharge from the silt basin/pond. Section C #3c: Permit answered no to dewatering, but then said they would dewater in the comments. Section C #3d. Did not answer and needed to. Section C 4: Describe fill materials, locate on map Section C 6: The statement is contradicting the DWM permit submitted. They said no refuse, but if referred to C4, offsite waste may be used. The submitted map differs from previous maps. Buffers are not defined. The silt basin and supporting calculations are omitted, with associated diversions. Stockpile and refuse locations are not defined. 6acres is changed to 8 acres for mining excavation. Construction entrance has not been included. An additional issue has risen concerning the haul road. Landfill road is not a state road, nor is it a county road. Rather, it is defined as an orphan road. There are no easements for the road. No one pays taxes on the road. The landfill recently included the road as a haul road in their permit. However, they were adamant about requiring other parties to be also jointly and severely responsible for the road. The mine should have to have access to the closest state road. One other mine is also on this road, Britts Landscaping mine, which I was going to address after this permit. There are three potential stream crossings on Landfill Road. The estimated length of the road is 3600 linear feet. r J 0 • Wehner, Judy From: Willis, Linda Sent: Thursday, June 14, 2012 2:19 PM To: Wehner, Judy; Rodgers, Ashley Cc: Hammers, Karl; Lambe, Brian Subject: RE: mine apps Ladies, I've returned both apps to DLR WiRO. I have no issues with Bay Branch's application=F-the_Beaverdam-Minei$arnkiiil.Co sf"r cfuinj_a{�ae' a — m I have already asked NPDBS SPU to issue the Bay Branch permit and will send an email to Bradley Bennett letting him know that they can issue the Beaverdam Mine permit as well. This email will serve as documentation that we have responded to the last applications submittals. THX Linda From: Wehner, Judy Sent: Monday, June 11, 2012 1:04 PM To: Willis, Linda Subject: RE: mine apes Return Barnhill. Check Bay Branch and make sure it jices with your approved plan. An e-mail to Ashley will do. From: Willis, Linda Sent: Monday, June 11, 2012 12:09 PM To: Wehner, Judy Subject: RE: mine apps So, should I return Barnhill and Bay Branch to DLR wiro with no further comments from us? Linda From: Wehner, Judy Sent: Monday, June 11, 2012 9:59 AM To: Willis, Linda; Lambe, Brian Subject: RE: mine apps If you already reviewed Beaverdam, then you do not need to review it again. Brian - DO NOT send re -submittals to other agencies unless the routing slip specifically specifies it. From: Willis, Linda Sent: Monday, June 11, 2012 9:48 AM To: Wehner, Judy; Rodgers, Ashley Subject: RE: mine apps Thanks Judy, I'll let Jim know that he will need to talk to Bradley if we want to have the process modified a little. Can you change the date on that review form for Beaverdam, the date is past due and I'd like to have it reflect the fart that we are reviewing new information. I'm putting the Boardman app in Jim's box so that he can issue it to staff. So whoever has the review form for that one, go ahead and elk it to Jim rather than me. That way he ceive the package and forward the email with the review form to whomever he decides will handle that one. THX From: Wehner, Judy Sent: Monday, June 11, 2012 9:24 AM To: Willis, Linda; Rodgers, Ashley Subject: RE: mine apps This is a DWQ decision. Talk with Bradley Bennett. Maybe Jinn can print them out for you. Here's Beaverdam again. From: Willis, Linda Sent: Monday, June 11, 2012 9:19 AM To: Rodgers, Ashley; Wehner, Judy Subject: mine apps Ladies, I have Beaverdam Mine (10-25), Bay Branch (67-75), Boardman Mine (24-14) . . Concerning the Beaverdam Mine, this will the second review and Bay Branch mine, the third .. maybe fourth comment. I just received the Boardman Mine on my desk this morning and will need the review form for it. Jim isn't in today so if you sent it to him, I won't get it until tomorrow. Do you all just want me to give my comments for Beaverdam and Bay Branch in an email or do you want to send me another comment review form to fill out? What's the chances that you guys can print out a review form to put with the application/mods/renewals.. before you send the packages out to WirO DLR? Jim was going to ask if you all could do that instead of emailing the review forms. Did he ask you all about that yet? Linda A41N NG C'HEMIST FOR ROUTING A ►ltraxt'S Nam e -i'C C � �^ 4:(1 Fmjrd male. � 4AJt"K 1 tf tc•k,L Vk./Nang No.: 10 - air"" co jU r. Rc4 nmr. ❑ New RMWOJ ❑ �[ (axtstde ptt�[tt ) ❑ Partial R&M Addtttanal *MgtfM P6*70k atttrr R@mffmMmLwff to. I JJ % I KOW�d Offia (z WVOCtl raf�e qQS Roa Offfa A#k&M RIVW C6MW to onr CT mi 964 trd the DWQ* DAQ:M" Apkdtffl xCKM FOW to t6 Aff corps 92d bath ruts fo fhe Rofod E"Iff) — Datc: RUW 5 / Rccd ❑ Dt ilm 4 water Raw= Date: Routed Rad ❑ NC wu* Raasmnrs CAML M Date: Round Reed ❑ US Fish & W&* &T tK Daft: Routrd Rre d wo MW abratfaas old wob� nuts that add land to the yamw Date Rem s11 River' Bask Nmt: kulll� ❑ Mod ficem (tn&yemd 6ndmtts) ❑ 'zrart� f 7 ❑ R&W ❑ FGc No&k $ ❑ Fa RecetML- $ Please rMal s is and M bu to to: ❑ Dmsim # Parh & RtCRatf a Date: ROW Ref d ❑ Nc ceolticol sttrory sects Date•. RAW RA ❑ DtVWO of Mart?Et FOM f& Daft: Rad d RGC'd ❑ DMAOM Soil & water ccnstrvaiian ( s LEA) Dafe•. Routrd RA (oa# WO ThCAUM,Rd =#MUM MPMU tkd MM land to thtlUXtt) ❑ DtvWM 4 AMkM & W1 Orly mw ayyltcNUM) Date: Rffld d RWd ❑ odor: Dail: Rodtrd Rer<d •,ggeW Dater CaMZMts: aq 1 (no later Om dafs�r�t rral�t) ❑ Please note tltcfi&": BARNFIILL CONTRACTING ❑ COMPANY 231 1 Norio Main Street PQ pox 1529 7arporo. North Carolina 27885 252-823-1021 Fax: 252-523-Ci 37 www.barnhilicontracUng.com June 1, 2012 Ms. Judy Wehner NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Dear Ms. Wehner, RECEIVE® JUN 0 5 2012 LANE) QUALITY SECTION Re: Beaver Dam Mine Renewal Permit #10-25 I am writing in response to your letter dated May 31, 2012 in regards to our renewal application for Beaver Dam Mine in Brunswick County. Our mine map has been updated to show the buffers along the property line as undisturbed. The previously shown stockpile areas on earlier approved maps are no longer in use and have been removed from the plan. We have also shown the location of the existing LCID landfill on -site. The permit for this LCID was submitted with the original application. The small building located near the entrance of the pit has also been added to the map. 1 There are no other buildings within 300' of the permit boundary. This -site w Yl..not•-kbd-dowatered:��,We have applied for an NPDES permit through DWQ for discharge; however, this discharge would only occur in an extreme rain event and would not be the result of dewatering. There is an existing metal pipe at the southern end of the pond for emergency discharge which has been added to the mine map. I have also updated the affected acreage table on the mine map to show the correct acreages. We will only disturb 7.56 acres of the 10.13 permitted acres at the site. Please find enclosed two (2) copies of the updated mine map showing the requested information. Should you have any questions, please do not hesitate to contact us. Yours Very Truly, Barnhill Contracting Company Jonathan Proctor Estimator Enclosures • A� • 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 May 31, 2012 Certified Mail Return Receipt Requested 7010 1870 0001 3321 0967 Mr. Adam Hedgepath Barnhill Contracting Company 2311 N. Main Street Tarboro, North Carolina 27886 RE: Beaver Dam Mine Permit No. 10-25 Brunswick County Lumber River Basin Dear Mr. Hedgepath: Beverly Eaves Perdue, Govemor Dee Freeman, Secretary i We have reviewed the renewal request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: Clearly label the permit boundary on the mine map. In addition, label the buffers as "50 foot undisturbed buffers." All buffers along wetlands and waterways must be undisturbed. Previously approved maps showed stockpile/work areas, dewatering basins and outlets. Indicate these features if they are still applicable.` 2. Show all houses and buildings within 300 feet of the permit boundary. U3. Provide more information regarding dewatering activities at this site. Provide the pump make/model, pump capacity and hours of operation per day. Show the pump location(s) and outiet(s). Provide a construction detail for the outlet(s). Permits/plans/notifications may be required from the Division of Water quality and the Division of Water Resources for dewatering activities. 4. Since 50 foot undisturbed buffers are required around most of the site because of nearby waterways, the entire site will not be disturbed. Provide a revised affected acreage. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-7334574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet: http://www.dlr.enr. state. nc.us/pages/landqualitysection. html An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled / 10% Post Consumer Paper M EW Certified Mail Mr. Hedgepath Page Two Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. Sincerely, ()udi'tWhA. Werner 64"'� Assistant State Mining Specialist Land Quality Section cc: Mr. Dan Sams, PE 0 • Wehner, Judy From: Wehner, Judy Sent: Thursday, May 31, 2012 12:11 PM To: 'Jonathan Proctor";'ahedgepath@bamhilicontracting.com' Subject: Beaver Dam Mine Letter Attachments: 10-25 adi 2012.pdf Here's the letter I am sending out. Call me with any questions. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 (919) 715-8801 fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records law and may be disclosed to third parties. Wehner, Judy From: Willis, Linda Sent: Friday, May 25, 2012 3:38 PM To: Wehner, Judy; Gregson, Jim Subject: Beaver Dam Mine Attachments: beavef dam not ltr.pdf; Beaver Dam Mine DLR 10-25 Review.pdf See Attached RC North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Govemor Certified Mail No. 7007 0220 0000 8224 9582 Return Receipt Requested Barnhill Contracting Co. Mr. Allen Barnhill 2311 N. Main Street Tarboro, NC 27886 Dear Mr. Barnhill, Division of Water Quality Charles Wakild, P. E. Dee Freeman Director Secretary May 25, 2012 Subject; ' NPDES General Permit NCG020000 Beaver Dam Mine Brunswick County Division Representative, Linda Willis, rinet with your representatives, Jonathan Proctor and Earl Tharp, on May 17, 2012, at your mine site located on Landfill Road in Brunswick County (DLR Mine Permit No. 10-25). Pursuant to the Division of Water Quality's review of the Division of Land Resources (DLR) mine permit application and the site visit, it was determined that stormwater and wastewater (from pit dewatering) discharges can occur from this mine pit to Beaverdam Swamp which is classified as a C-Sw water of the State in the Lumber River Basin. Therefore, the discharge from this mine will require a National Pollutant Discharge Elimination System (NPDES) Permit NCG020000, The NPDES General Permit NCG020000 covers mining and quarrying of nonmetallic minerals (except fuels) including borrow pits (that would not be covered under the statewide DOT stormwater permit) and active or inactive mines that discharge stormwater contaminated with, or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located at the site of such operations and stormwater runoff from vehicle maintenance areas. 'this General Permit also covers discharge of wastewater from processing mined materials and mine dewatering wastewater from the groundwater and/or stormwater that accumulates in the mine pit. A discharge without a permit is a violation of North Carolina General Statute i 43-215.1(a). Pursuant to G.S. 143-215.6A (a)(2), a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed for discharges without a permit.. 1617 Mail Set ke Center, Raleigh, North Carolina 27699-1617 toratiw 512 K Salisbury St. Raleigh, North Carolina 27614 Phone. 91 U07.63001 FAX: 919-607.6492 Internet MM,ncwate _ naf .o An Equal OPPorhmily l Afllrmabve Action Employer �o ehCarolina OI&I''all Barnhill Contracting Co. • March 25, 2012 Page 2 of 3 Process for applying for a General Stormwater Permit: The person who will be legally responsible for the permit should sign the application form. That person, and/or company may designate a consultant and/or firm [in writing] to act as their Authorized Representative. If so, that person can then sign the permit application. You should apply for the NPDES Permit by filling out a Notice -of Intent (NOD form: -Information - concerning this permit, such as the permit text, reporting forms, and a technical bulletin can be found at: htt :// ortal.nedenr.or weblw wgisu/n dessw#Gencral Permits NPDES. A copy of the NOI is included with this correspondence for your convenience. Please follow the directions on the form. The application should be sent to the NPDES Stormwater Permitting Unit at the address provided in the application. You must provide all the required information listed in the Final Checklist on Pages 6 and 7 of the application, otherwise your application may be returned as incomplete. Please follow the directions on the form. Should you have any questions or require technical assistance, please do not hesitate to call Linda Willis at 910-796-7343 or contact her at email address linda.willis(a?,ncdenr.aov. You should apply for the NPDES permit within 10 business days of receiving this correspondence. Sincerely, .limOojegson Wilmington Regional Supervisor Division of Water Quality Surface Water Protection Section Enclosure: NOI NCG0200GO CC.DWQ CO Riles w/o encl DWQ WiRO NCGO20 Brunswick w/o encl (L Willis) Print this twm to PUr Keturn P1JI of tnts roan to UL H GO by email, cx ULH MU, UWU SPU. MINING ARMIT APPLICATION RAIEW far the DIVISION OF WATER QUALITY Send a copy to the pwmittse. FORD Project Name: Beaver Dam Mine DLR Permit #: 10-25 County. --Brunswick Applicant's Email: jpractor(cDbamehillcontracting.corn Applicant's Mailing Address: 2311 Main St. Tarboro NC 27886 Mine Physical Address: n1a YES NO Date Commencina Is this mine a new mine? r l✓ 1991 Have land disturbing activities started? Date? r r 1991 Latitude: 34.0316 Longitude:-782638 � � p" bo � Es t Please return comments to (at DLR CO): Judy Wehner 4p( k Comments due br5130/12 SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as,proposed, would violate standards of water quality?,OD Comments: v..w" rrrui- , poi$A&AzNa_�7 wv'�� WatershedfStr am Marne &, Classification: c�,� �r,,� 0-Svc DWQ Compliance Status of Mine: IAMAA& NPn� PQJVVYXJIZ5 Does this mine (or previous owner) have DWQ back fees to pay? r4 D. _ If yes, arnount'. Is this mine an active permit in RIMS?_ tiller IZ Rav gpn1.rrhAf N,nin h . . ...... .. Print this form to PDF PDF of this form to DLR CO by email. cc DLR RO, DVUaSPU. Send a copy to the permittee. jermrt. •"To obtain 7Q 10 flows, permittees must contact the DWQ Stormwater Permitting Unit. if DWQ does not have a flow estirlate for a specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q10 flow. USGS will not determine a 7Qi4 flow for tidally influenced waterhodies. "' if there is not enough inforrnstion to give a complete answer, write in the s ace ravided what ou will need to answerthis question com late! . If ygy require DLR to hold the permit until furthernotfee indicate that in the Question belc;l. Reviewed by: DWQ RO Surface Water; W Regional Office:yV l Date: TJX�.-XOJ�L RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable): Pov 5nntomh-e gmn Wehner, Judy From: Lambe, Brian Sent: Friday, May 25, 2012 1:51 PM To: Wehner, Judy Subject: beaver dam 10-25 Attachments: D00052512-001.tif As you wish. Brian Lambe Enviromental Specialist NCDENR - Division of Land Resources - Land Quality Section 127 Cardinal Dr Extension Wilmington, NC 28405 (910)796-7314 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. 4 MINING CHECKLIST FOR ROUTING ANY AyTltea b Nm DiV x' - Lam_ _ Fr" Nm: C0140- Ayyttt./?Mdt No.: l a- U l cowtr: l3ru ns tai nx nats ate imb •5 t;svt W. _ 1 _ ()l3G�lii Rf71r Est* Harm ❑ NEW ;K Rtxelval ❑ m d fox (c,"&yrrftll 1JOm4rw) ❑ ma"m (bidbyemft km&lcs) ❑ TrAxifi7 ❑ RAW ❑ PAYUA Re6w ❑ Addtffonal IOrtR &R ❑ Pu N= : k X rU R"ftYtL $ !L> , u9 Plaa�C rk aft Wk[am-- - c t0s (a oylo; atteh the w w,:Id rf u M" A tottms Rcvt w rkacw& to osr an ar attack Eons du(9�MWV V#t &arl Rcv M nW to th OkT &99, WJ W eryW to fir jai Dde: Ratted Rad JJ S [ K Dfttm of water Rtsaurces Date: RMW Reed CSC NC wtli* RcraUM catxXWM Dots: ROW aced ❑ us fbk & wtlt Struts Date: Ratted Reed (ody nm gyk&m ad mdowam rrqusfxs drat add Gard to du)rarrrtt) Prase mde lltst 3 vaes of the at hcatimt mid amry kmftotf tiros tr. ❑ Division of ?arlts & Reer CUM Daft: Rattld Wd ❑ NC cwk&W " Sala DO& RMW Ra'd ❑ Dtvfstox of mow ruke trs DAB: Rartt[d Aced ❑ Drvt W of Sall et water caxst►mum, (ybo 0A) DAtt RMW Rerr'd (oml aw ap&Amrs mrd mddpremt trpatr Hurt add Gard to drr)r e) ❑ DM9nr Ard tS& (oaiy m v 97lhaums) ❑ ot14m Date: RMW Rand Date: Rad d Rrrd • *St TMX DA#t for cmme ts: 51 a � / 10. _ (no we bras zs darfrmn raw" ❑ Please x* ae fo : r IJ I)W rit-s; Ael to U0 y3 tJsrr- o k- •-A vchl,,, LAND QUALITY SECTION REGIONAL OFFICE MINING APPLICATION REVIEW CHECKLIST APPLICATIONIPERMIT NO.: }b - 1 ACTION: New Modification ene Transfer Release APPLICANT NAME' DW Q -1 � ul MINE NAME: COUNTY: rY) i AJ, Administrative Issues. A. Is the site currently under NOV? Yes Explain: B. Is the site under CAMA jurisdiction? Yes s Explain; Field Issues: A. Are potential wetlands and watercourses properly indicated on the Mine Map? (�g No Explain: B. Are the proposed buffer zones adequate?(q No Explain: C. X E. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? Yes %ft Explain: 7��,„ 41 lwbrr .00 -1,7L Do all water supply wells within 500 feet of the mine excavation appear to be indicated? a) No Explain: Is visual screening needed? No Explain: �,� O-A 7-J F. Are the proposed erosion and sedimentation control measures properly located to prevent offsite sedimentation?(j5i) No Explain:: G. Is the proposed revegetationireclamation plan acceptable? es No Explain: Date inspected: Erosion and Sedimentation Control Plan Review: It is the responsibility of the Regional Office staff to verify the adequacy of the E&S measures. Please provide any concerns or comments: Other Comments: - Inkon- A am-9-An Mire. ��04 6 W 6 2` VE Q 7wwo" Who was the application routed to and when?: Division of Air Quality:' DgA-) CnPn-t-4 - — — - — - Date: slra ,� Division of Water Quality (Water Quality Section only): c.,l. W b s Date: s 9 • t Other: Date: Inspector/Reviewer's Name: Regional Engineer's Name: Date: Date: Rev Der- 2006 MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF AIR QUALITY D W F -', LLB Project/Number: &4aJ Car (n.1 a¢. I J o- f ,1 County: _ l>Y1.' Please return comments back to: l A t n � LA.,, Rr- Comments due by: 5jza//-& Will the operation, as proposed, violate standards of air quality? Comments: YES NO Air permit required Air permit existing (Permit # Other Comments: Reviewed by: Date: Print Name: Central Office Reviewer. Rev Dec 2008 Print this form io YU- Ketunl YtJppr��pof t hfs form to uLtt CO by ematr cc VLR "0. flW SPU. Send a copy to the Asrmiltee. MINING PAI IT APPLICATION RE EW FORM for the DIVISION OF WATER QUALITY DLK: Project Name: Royal Oak Mine DLR Permit #: 10-61 County: Brunswick Applicant's Email: Alan Lewis (consultant)'s email: alewisQ_eces.biz Applicant's Mailing Address: 2618 New Village Way, Wi[mington, NC 28405 Mine Physical Address: mine office address listed is same as mailing address above YES NO Date.Commencing Is this mine a new mine? Permit issued 412102 Have land disturbing activities started? Date? f✓ F 412102, but aoparentiy inactive now Latitude:34.0469 Longitude:-78.3331 Please return Comments to (at DLR CO): Ashley Rodgers Comments due by: 5129112 SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments; 64-0. at, f�a o-+m u�xa�.�� Wa�ersh�trem N�a ems& Cla�ssCication:�� Surd ...►.o �4��e � � , �L'`r'`� DWQ Compliance Status of Mine: NI f�, Does this mine (or previous owner) have DWO back fees to pay? Nao If yes, amount: Is this mine an active permit in BIMS?No YES NO NPDES permit required? K , - r - NPDES permit existing? -(Permit# ) If an NPDES permit is not required, Is DWQ still concerned about wetland degradation _ i by dewaterin ? Should permittee contact DWQ RO Immediately? (e.g. to schedule a site visit if I RO Contact Name: mine has already begun digging or is Contact Reason:<AeW's�9ia dewatering without DWQ permit) uQ� 401 Wetland Cert. required? I Z4 401 Wetland Cert. existing? F Permit # r _Utpr Rov C[.r+fami�ar 7f11 (; Print this form to PDF Return of this form to DLR CO by email. cc DLR RO, D� PU. Sand a copy to the permittse. YES NO Are -wetlands disturbed at this site? F SC Does DWQ RO suspect or know of nearby r wetlands to the site? . ---- :.. JD Is a v�etia�d delineation required priori -to.' Cont�ultant 11WIYU6cing the pertylIt? •Onsite? i� Offsite?' Stream Determination Needed? iX Stream Deterdtlnati�On C mifttsd? r Does DWQ RO need a statement that no wetlandsistreams are disturbed for this project from applicant? qutfer Ddterr~i no Needed? i Buffer Determination Completed? r �� Roc yciwsystem-pereriit'exlsting?* r •Permit# New Recycle System permit required?* �- Enough information to determine? Non.'discharge: permit existing?* r Permit #. Does this applicant need to contact the Nod •e>voa regional of Central DWQ Office to r determine if a State Stormwater Permit is---1'"� '�'� �J needed? � •Unknown . Will wastewaters discharge to HOW waters r � •7Q10 Permittee with a 7010=0? *t Flow; must determine. r Has violation o+rn .. •Qe.lw r 0j'M,kequiierrients x°`vl F • HQWl.610 Concerns m C_kAAA.A_ Dods .DWQ require DLR to hold the. perfnit... r Pay back fees or renew, >tWQ n review ltf i tl 4r or.DW�'perrimit (e:g o bca --, , because_D1i�1Q require$ more Ihfcrftlationj? F ,: , :Ptease describe the reason to; :.;; hold the permit: .. Rd COr1i2tCt 1-- Hold Un'tii:: Mine must wait to dewater until an O&M plan is iX i` approved? RPtir Rwntprnhnr Jnin Print this folM to PDF ' RIMPDF of this than to DLR CO by email, cc DLR RO; D PU. Send a copy to the permittee.' ou$it in rittat�oh to �determrl� , r' � �f.�:+�7 cer�tflca�an Isrequir�sd? � � _ .. X 'J4 �C fJ• x 3 • - —, I:zr...� moo..)• �.� sr.�. u .} . +rr ac Raw Canlamhar?nio 0 Bewdy 'aver perd;€e Golvernor MEMORANDUM A4 , �V-A. oral 'arelina Department of Environment and Nat€lra" Resoum"s Division c` Waer Resources or-nas A. Feeder Nrector May 14, 2012 TO: Judy Wehner Land Quality Section FROM: Paul Williams Ground Water Pnagement Section Division of Water Resources SUBJECT: Comments on the Mining Permit Renewal Request for: Barnhill Contracting Company Beaver Dam Mine Brunswick County Dee Free€1nan SeCr'etary RECEIVED MAY 15 2012 LAND QUALITY SECTION Please find attached a copy of the mining permit renewal request for the above referenced pro) ect. The Beaver Dam Mine, located in Brunswick County, does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. If it becomes necessary to begin pumping water from the mine to stabilize mining activities, the Division of Water Resources would like to be contacted so that it may further investigate any potential effects on potable ground water supplies. Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statue requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by Apn �l 1 for the previous year. If you have further questions please contact the Division of Water Resources at (919) 707-9000 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-161 l . 13:' 34,:=! Service vn;sr, Fale:g't, N,; rfh C.iHc. ilia ?7699-16 1. Phone: M-70 M i FAX: 91:.1-7-.3-3558 ':izAerne : mw.wwater.crg (ill 611 iCdcbti1, an E7:;.; Oprrr`s . ;. A.ir,r.^A,,t n Lrpp--.�u - v,"b k-xyCk t :'AM. FSsr+:arnxrW Paw NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary May 4, 2012 MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Barnhill Contracting Company Beaver Dam Brunswick County © Mine Dewatering Proposed © 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 potable groundwater supplies (G.S. 74-51 (2)). Please respond by May 30, 2012 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 potable groundwater supplies would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Dan Sams io4 MAY 4 20* 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-919-707-9220 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 E � A 1NING CHECKLIST FOR ROUTING }fig - r iic�hs NalH� ' f, 7. Mae: _ .�l q� �,r����. ► `�+-t� A#f /NrMU No. JQAY Caogt IKA25DUL Rtvttarsr: N� �, A ❑ New /RMWid ❑ mAbftc&m (5) Rim Basile Now. I (� Partial R&M ❑ Addt IMW 1#06MU a ❑ Daft Rtatt9td:- r Mdft4lum whyemff 6mia lo) 17w fir [ R&49 Fa HaAaL $ Y Ftt Readvtd: $ -% § `� Pltast rmtt tare ltuatfata c ta: coda; attach f%c ZQS R"d Opac Mi" Aflhcem Rtv m uc to aac UTY h Dw DRfVkg Fors r' to tilt other on-, zRd botk ao'tu to tie Row1w ` Dais: RMWJ Rand S " "! L DtvLOM of Wider ROOM Daft: Rcutcd I RA p� NC WFldltft Rcsostrra Ca►narWara Daft- Rmdd. � / Rrcd M ❑ US Fhk R WtLdlt f t scrvttt Datt: Road d �'- wil (on� aw mass ad m dtftustfmt rrr(uccsts tkat add God to t6randt) Plim rNutr 3 OW ffhcaUM a7ad M kdtm ta: ❑ DWM of Parir & Rctrtdtm Daft: Rgd d Rtrd ❑ Nc GtOw " f+tttfm DAk-. ROa W Rita ❑ ])MOM Maft Ffslwia Dais: ROW Rted El Dtvtlm sail & Wattr CMWM40 (years LEA) Date: RAd d Red (o* ow 97kcA tmrs and umi*c4am mpas that add W to dityawa) ❑ DMAM 4 ArChtM & Histos] Daft: Ro" Rtrd (omd ww TdfcadfM) ❑ ot6r: Date: Railed Rwd 'R&q nsc Date for corm wnU- (00 Liar UM 25 dais f m n=t t) ❑ Pk" wtt Ot ftll": 1 CP 1 CIO 0 Wehner, Judy From: Wehner, Judy Sent: Friday, May 04, 2012 2:20 PM To: Gregson, Jim Cc: Sams, Dan; Miller, Carol; Lambe, Brian; James, Trentt; Wehner, Judy Subject: Beaver Dam Mine permit Renewal Worksheet Attachments: 10-25 DLR - Water Quality Review Sheet.doc Here's the review sheet for the recently submitted renewal request for 210-25, Beaver Dam Mine. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 (919) 715-8801 fax 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. Print this form to PDF etum PDF of this form to DLR CO by email. cc DLR RO, DWQ SPU. Send a copy to the permittee. MINING ERMIT APPLICATIOtAEVIEW FORM forthe DIVISION OF WATER QUALITY THIS SECTION TO BE FILLED OUT BY DLR: Project Name: Beaver Dam Mine DLR Permit #: 10-25 County: Brunswick Applicant's Email: iPro ctor(aDbarnehillcontractinQ.com Applicant's Mailing Address: 2311 Main St., Tarboro, NC 27886 Mine Physical Address: n/a YES NO Date Commencing Is this mine a new mine? r 1991 Have land disturbing activities started? Date? r 1991 Latitude:34.0316 Longitude:-78.2638 Please return comments to (at DLR CO): Judy Wehner Comments due by: 5/30/12 SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWQ Compliance Status of Mine: Does this mine (or previous owner) have DWQ back fees to pay? If yes, amount: Is this mine an active permit in RIMS? YES NO NPDES permit required? r , NPDES permit existing? r (Permit # ) r If an NPDES permit is not required, is DWQ still concerned about wetland degradation by dewatering? Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if r RO Contact Name: mine has already begun digging or is Contact Reason: dewatering without DWQ permit) 401 Wetland Cert required? i iy" 401 Wetland Cert. existing? r Permit # r Does DWQ RO have enough information to f r r determine if a 401 certification is required? Rate fiantomhar 7nin Print this form to PDF 6tum PDF of this form to DLR CO by email. cc DLR RO, DWQ SPU. Send a copy to the permittee. 40 YES NO his -site? _, � Are ,wetlands disturbed at t- . i" � Does DWQ RO suspect or know of nearby F- I wetlands to the site? M.. JIB Is a wetland delineation required prior to r ,Consultant DWQ`issuing;the permit? ... .L'.` ,ansite? F Offsite? - Stream Determination Needed? r i` , Stream Determination Completed? r Does DWQ RO need a statement that no wetlands/streams are disturbed C' F' for this project from applicant? Buffer Determination Needed? r" r Buffer Determination Completed? I— , r Recycle system permit existing?* r Permit #. r New Recycle System permit required?* r r Enough information to determine? Non -discharge permit existing?* r Permit # ;r Does this applicant need to contact the regional of Central DWQ Office to r- (— determine if a State Stormwater Permit is needed? r , Unknown. Will wastewaters discharge to HQW waters r r 7Q10 Permittee must with a 7Q10=0? ** Flow: determine. r Has Violation r O&M Requirements r HQW171010 Concerns Does DWQ require DLR to hold the permit h , Pay back.fees or renew (e.g. so DWQ can review it further or DWQ permit l� f" because DWQ requires more information}? Other. Please describe the reason to hold the permit: RO contact: r - Hold Until: Mine must wait to dewater until an O&M plan is r r- approved? 'The NPDES SW and WW permit NCG020000 covers closed -loop recycle systems, desi ng ed to exclude all stormwater run -oft from the system and operate at or below two -feet of freeboard. These systems may be permitted by a Non -discharge Recycle System Permit from the Aquifer Protection Section (APS1, OR may instead be permitted under NCGO20000 to eliminate an additional permit. RPv SPntpmhor gni n Print this form to PDF Retum PDF of this form to DLR CO by email. cc DLR RO, DWQ SPU. Send a copy to the pennittee. Recycle systems that do not meMose criteria are considered discharging systeand are subiect to the NCG020000 discharge permit. obtain 7010 flows, permittees must contact the DWQ Stormwater Permitting Unit. ff DWQ does not have a flow estimate fora specific stream, permittees will be asked to obtain one. Permittees should contact J. Curiis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q 10 flow. USGS will not determine a 7010 flow for tidally influenced water bodies- "' If there is not enough information to give a complete answer, write in the space provided what you will need to answer this question completely. !f you require DLR to hold the oermit until further notice. indicate that in the auestion below. Reviewed bv: DWQ RO Surface Water: Regional Office: Date: RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable): Rav fianfamhar')MA E 0 o BARNFIILL COMRACI7NG ❑ COMPANY 231 1 Nortli Main Street PU Wx 1529 Tarboro. North Carolina 27886 252-023-1o21 Fax: 252-023-0137 www.barn hi11contracting. cam May 1, 2012 Ms. Judy Wehner NCDENR--Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Dear Ms. Wehner, RECEIVE® MAY 0 4 2012 LAN) QUALITY MINING PROGRAM Re: Beaver Dam Mine Renewal Permit #10-25 Brunswick County, NC I am respectfully submitting an application for the renewal of the Beaver Dam Mine, permit #10-25, in Brunswick County, NC. The renewal is based on the existing permit as we do not foresee any changes in the operation of the pit. There will be no addition of land under the permit which would require a modification. Also, Barnhill Contracting Company's operation will not invoke any of the seven (7) denial criteria listed under G.S. 74-51 of the Act. We are requesting the renewal for a period of 10 years and we have a blanket bond that will cover the reclamation bond for this renewal. Please find enclosed one (1) original and five (5) copies of the Mining Permit Application and updated Mine Maps. We have also enclosed our existing LCID Landfill Permit (I.D. #N0606) for this property. This landfill is still active and has not encroached the maximum 2 acres in size. Also enclosed is a check for the renewal fee. Should you have any questions, please do not hesitate to contact us. Yours Very Truly, Barnhill Contracting Company Adam Hedg th Estimator Enclosures APPLICATION FOR A4LING PERMIT 0 ��L, 1 640&1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVED LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT 1=xY 0 � 2012 (PLEASE PRINT OR TYPE) 'AND QUALITY [01M'NG PRQGRAM 1. Name of Mine BEAVER DAM County BRUNSWICK River Basin LUMBER RIVER Latitude (dd.mm.ss) Longitude (dd.mm.ss) 2. Name of Applicant* BARNHILL CONTRACTING COMPANY 3. Permanent address for receipt of official mail** 2311 N. MAIN STREET TARBORO, NORTH CAROLINA 27886 Telephone (2521823 — 1021 4. Mine Office Address 2311 N. MAIN STREET TARBORO NORTH CAROLINA 27886 Telephone (252) 823 - 1021 5. Mine Manager JONATHAN PROCTOR 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. I_ I - ***Signature Date 513 1 z- ----------- 2.i�A Print Name ALLEN BARNHILL Title REGIONAL PRESIDENT * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security that corresponds to this site. ** The Land. Quality Section must be notified of any changes in the permanent address or telephone number. ***.Signature of company officer 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. 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.: 10-25 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 10.13 AC ❑ 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 ❑ NoEl. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ NoEl. 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 0 (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTIONS) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: _ SAND, CLAY OR OTHER EARTHEN MATERIALS 3. Mining method: H Hydraulic Dredge ❑ Front-end Loader & Truck ❑ Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain): EXCAVATOR & TRUCKS 4. a. Expected maximum depth of mine (feet) 25 feet Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) NATURAL GROUND LEVEL b. Expected average depth of mine (feet) -2- APPLICATION FOR A MINING PERMIT 0 5. Has any area(s) at this site been mined in the past? If yes, when and by whom was this activity CONTRACTING COMPANY Yes ® No ❑ conducted? PAST 10 YEARS BY BARNHILL 6. Number of years for which the permit is requested (10 years maximum): 10 YEARS B. MAPS 1. Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5'h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919)733-2423 www.eeoloev.enr_state.nc.us/ County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 www.nedot.org/it/p,igContacUdef;tult.hti-ni 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 uncxcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of -3- APPLICATION FOR APNING PERMIT p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale b. 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 I inch = 100 feet 200+ Acres I inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -5- APPLICATION FOR A MIN& PERMIT • A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds — Stockpiles r— Wastepiles xisn'd(' LGl z>� a Processing Area/Haul Roads 4 • ys Mine Excavation 7. 3 Other (Explain) vavrlr� Total Disturbed Acreage to /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 QUESTIONSISTATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -6- APPLICATION FOR A MAG PERMIT • C. PROTECTION OF NATURAL RESOURCES L 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. A. INSTALL EROSION CONTROL MEASURES AND MAINTAIN AS NEEDED B- STRIP TOPSOIL AND STOCKPILE FOR FUTURE USE C. CONTINUE TO EXCAVATE SAND OR OTHER EARTHEN MATERIALS D. CONSTRUCT PERIMETER SLOPES AS EXCAVATION CONTINUES E. SEED AND STABALIZE SLOPES AND DISTURBED AREAS AS MINING ACTIVITY IS COMPLETED F. ONCE PERMANENT VEGETATION IS ESTABLISHED, REMOVE EROSION CONTROL ITEMS 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. A. STONE CONSTRUCTION ENTRANCE B. SILT FENCE C. DIVERSION DITCHES 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No®. If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes El No M. If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). N/A -7- APPLICATION FOR A MAG PERMIT • Will any part of the proposed mine excavation(s) extend below the water table? Yes ® No ❑. If yes, do you intend to dewater the excavation(s)? Yes ❑ No M. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine 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. EXCAVATION AND UTILIZATION OF THIS MINE SITE IS DICTATED BY THE AMOUNT OF DEVELOPMENT IN THE SURROUNDING AREA. BECAUSE OF A LIMITED AMOUNT OF DEVELOPMENT IN THE AREA, MINING ACTIVITY AT THIS SITE WILL BE LIMITED. BECAUSE OF THE LIMITED USE OF THIS MINE SITE ANY DEWATERING THAT IS REQUIRED WILL NOT AFFECT ANY NEIGHBORING WELLS. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. NIA 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No N. 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? WATER WAGONS AND WATER TANKER TRUCKS WILL BE USED TO CONTROL DUST DURING MINING AND HAULING ACTIVITIES. -8- APPLICATION FOR A MINW 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). A MINIMUM 25 FOOT BUFFER WILL BE ESTABLISHED AROUND ALL PERIMETER BOUNDARIES OF THE PERMITTED AREA. IN AREAS WHERE THE BOUNDARIES ADJOIN WETLANDS OR RIVER AREAS A MINIMUM 50 FOOT UNDISTURBED BUFFER WILL BE ESTABLISHED. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A MINIMUM 50 FOOT UNDISTURBED BUFFER WILL BE ESTABLISHED ALONG THE BOUNDARIES ADJACENT TO NATURAL WATERCOURSES IN ORDER TO CREATE SEPARATION BETWEEN MINING ACTIVITY AND ANY WETLAND OR NATURAL WATERCOURSE OUTSIDE THE PERMITTED AREA. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to I vertical slopes or flatter for clayey material and minimum 3 horizontal to I vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. ALL SLOPES ABOVE THE PERMANENT WATER LEVEL WILL BE SLOPED AT A MINIMUM OF 3 HORIZONTAL TO i VERTICAL. ALL SLOPES BELOW THE PERMANENT WATER LEVEL WILL BE SLOPED AT A MINIMUM OF 2 HORIZONTAL TO VERTICAL. ALL SLOPES WILL BE SEEDED AND MULCHED AS EXCAVATION WITHIN THE AREAS IS COMPLETED. -9- APPLICATION FOR A MISG PERMIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. ALL CROSS -SECTIONS ARE SHOWN ON THE MINE MAP. AS NOTED ABOVE, ALL SLOPES BELOW THE WATER LEVEL WILL. BE A MINIMUM OF 2:I AND ALL SLOPES ABOVE THE WATER LEVEL WILL BE A MINIMUM OF 3:1. 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). ALL CROSS -SECTIONS ARE SHOWN ON THE MINE MAP. AS NOTED ABOVE, ALL SLOPES BELOW THE WATER LEVEL WILL BE A MINIMUM OF 2:1 AND ALL SLOPES ABOVE THE WATER LEVEL WILL BE A MINIMUM OF 3:1. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the' mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. NO HARDROCK EXCAVATIONS EXIST ON THIS SITE. 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. NO EXCAVATION WILL TAKE PLACE WITHIN 100 FEET OF A HOUSE OR DWELLING. AS DICTATED BY THE TYPE OF MATERIAL BEING MINED, THE DEPTH OF EXCAVATION WILL ONLY BE A MAXIMUM OF 25 FEET. THE LARGE BUFFER ZONES AND SHALLOW EXCAVATION WILL NOT CAUSE ANY PHYSICAL HAZARDS TO THE SURROUNDING AREAS OR BUILDINGS. 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 detaiUcross-section and location of each type of barricade to be used must be indicated on the mine map(s). THE SITE IS SURROUNDED BY WOODS AS WELL AS LOCKED GATES AND POSTED SIGNS AT THE ENTRANCES PREVENTING PUBLIC ACCESS. APPLICATION FOR A MV* PERMIT • 9. Are acid producing nvnerals or soils present? Yes ❑ No ®. 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(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. THIS SITE IS LOCATED IN A REMOTE LOCATION SURROUNDED BY WOODS AS WELL AS LOCKED GATES AND POSTED SIGNS AT THE ENTRANCE. 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. ONCE THE EXCAVATION 1S COMPLETE AND THE SITE RECLAIMED, THE POND OR WETLAND THAT IS CREATED WILL ONLY CONTRIBUTE TO A PARK OR RECREATION AREA. THIS SITE IS REMOTE ENOUGH THAT NOISE LEVELS CREATED BY NORMAL MINING ACTIVITY WILL NOT EFFECT THE SURROUNDINGS. 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 structure(s) 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 Z. If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). APPLICATION FOR A MAG PERMIT • D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must 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. THIS MINE SITE WILL BE RECLAIMED AS A POND. THE POND WILL HAVE AN AVERAGE WATER DEPTH GREATER THAN 4 FEET. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ® No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled crass -sections) through the proposed body(s) of water, The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ❑ No ®. If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. NORMAL POOL LEVELS FOR THE PONDS WILL BE APPROXIMATELY 4 FEET BELOW THE NATURAL GROUND LEVEL ALL SLOPES WILL BE SUFFICIENT TO PREVENT FALLING HAZARDS AND WILL BE SUFFICIENT TO ALLOW ANYONE TO PULL THEMSELVES OUT OF THE WATER SHOULD THEY FALL IN. -12- APPLICATION FOR A MIAG 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. PORTIONS OF THIS MINE SITE WILL BE RECLAIMED AS A POND. OTHER AREAS WILL BE BACKFIL.LED WITH UNCONTAMINATED EARTHEN MATERIALS FOR LATER AGRICULTURAL USE. THE POND WILL HAVE AN AVERAGE WATER DEPTH GREATER THAN 4 FEET. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. ON -SITE ROADWAYS WILL BE RETURNED TO NATURAL GROUND LEVEL THEN SEEDED AND MULCHED. b. Will any on -site roadways be left as part of the reclamation? Yes ❑ No N. If yes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. b. 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 map(s) and reclamation map, along with a list of items to be disposed in said areas. BECAUSE OF THE LIMITED ACTIVITY AT THIS SITE, NO REFUSE WILL BE GENERATED. ALL MACHINERY ASSOCIATED WITH THE MINING ACTIVITY WILL BE REMOVED FROM THE SITE UPON COMPLETION OF THE EXCAVATION. - 13- 4 APPLICATION FOR A G PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h_ Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre) 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 TyM.- Seedinp, Dates: Seeding Rates: NOTE: REFER TO THE ATTACHED SEEDING SPECIFICATION FOR DETAILS ON SEEDING AND MULCHING FOR THIS SITE. MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Date Print Name Title Agency -14- APPLICATION FOR A MANG 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 of the rninine operation, that you intend to affect durinz the lie of this mining permit in addition lease CATEGORY Tailings/Sediment Ponds: Stockpiles: Wastepiles: Processing Area/Haul Roads: Mine Excavation: Other: TOTAL AFFECTED AC.: (TOTAL PERMITTED AC.: AFFECTED RECLAMATION RECLAMATION ACREAGE COST/ACRE* COST Ac. X $ /Ac. _ $ Ac. X $ /Ac. _ $ Ac. X $ /Ac. _ $ Ac. X $ /Ac. _ $ Ac. X $ /Ac. _ $ Ac. X $ /Ac. _ $ Ac. Ac.) TempoM & 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: $ BARNHILL CONTRACTING CO. HAS A BLANKET BOND TO COVER ALL MINING PERMIT RECLAMATION COSTS - 15 - APPLICATION FOR A MIA PERMIT • F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). NOTICE Pursuant to provisions G.S. 74-50(b 1) of The Mining Act of 1971, Notice is hereby given that has applied on (Applicant Name) (Date to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine on (Mineral, Ore) (Number) of (Direction) in County. (Nearest Town) acres located (Miles) off/near road (Number/Name) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity. please contact the applicant at the following telephone number: . For information on the mining permit application review process, please contact the Mining Program staff at (919) 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 al mlication review process until a final decision is made on the application. (Addressee/Owner of Record's Name and Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) Contact: (Name of Applicant: Include Contact Person & Company Name, if Applicable) (Address of Applicant) - 17 - APPLICATION FOR A MIOG 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 - Print Name: BARNHILL CONTRACTING Address: P.O. BOX 1529 TARBORO, NC 27886 Telephone: (252) 823-1021 APPLICANT: Signature:* Print Name: ALLEN BARNHILL Title: REGIONAL PRESIDENT Company: BARNHILL CONTRACTING CO. Mine Name: BEAVER DAM *Signature must be the same as the individual who signed Page l 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) 733-4574. - 19- i d0bNOWNWOM A� MCDEN.R NORTH CAROLINA DEPARTMENT OF ENVIRONMENT Dexter R. Matthews, Director Division of Waste Management November 15, 2005 Allen Barnhill Barnhill Contracting Company PO Box 1529 Tarboro, NC 27886 AND NATURAL RESOURCES Re: Land Clearing & Inert Debris Notification for Site Less than 2 Acres in Size Beaver Dam Mine Landfill Road Supply, Brunswick County Recordation: Book 2226 Pages 1131 File ID No. N0672 Dear Mr. Barnhill: Michael F. Easley, Governor William G. Ross Jr., Secretary RECEIVED ItluY 0 4. 2012 LAND QUALITY MINING PROGRAM The Solid Waste Section reviewed your Land Clearing and Inert Debris (LCID) landfill notification for the above referenced address received on September 7, 2005. Based on the information submitted in the notification, approval for operation of a LCID landfill is hereby granted for disposal activities at the referenced property as long as the facility does not exceed 2 acres in size. Should your landfill disposal facility exceed 2 acres in size, you will need to make application to the Solid Waste Section for an individual LCID disposal permit. Please be aware that the application and siting requirements for an individual LCID permit are more stringent. This authorization is issued under the conditions summarized below and specifically contained in 15A NCAC 13B Sections .0563, _0564 and .0566. 1) When the property is sold, leased, conveyed or transferred, the deed or other instrument of transfer shall contain in the description section a statement that clearly states the property was used as a Land Clearing and Inert Debris landfill. The statement shall be in type that is no smaller than the size used in the body ofthe deed or instrument_ 2) Amendments or revisions to the Solid Waste Management Rules or the violation of groundwater standards may necessitate modification of the construction and operation of this facility or closure of this facility. 3) This authorization is not transferable. 4) The Land Clearing and Inert Debris landfill is permitted to receive the following material types: 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Telephone 919-508-8400 1 FAx 919-733-4810 1 interner http:/twastenotnc.org An Equal Opportunity ! Affirmative Action Employer - Printed on Dual Purpose Paper Land Clearing & Ine* is Notification for Site Less than 2 Acres in Size Beaver Dam Mine Landfill Road Sunpiy, Brinsvock County Recordation: Book 2226 Pages 1131 File ID No. N0572 November 15, 2005 Page 2 of 2 a) Land Clearing Waste as provided in 15A NCAC 13B .0101(72); stumps, trees, limbs, brush, grass, and other naturally occurring vegetative material. b) Inert Debris and untreated wood as provided in 15A NCAC 13B .0101(73); concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted wood. c) Used asphalt as provided under North Carolina General Statute'130A-309.09B(a)(1). used asphalt or used asphalt mixed with dirt, sand, gravel, rock, and concrete. 5) Site preparation and construction shall be in accordance with 15A NCAC 13B .0564, Siting Criteria For Land Clearing and Inert Debris (LCID) Landfills for facilities of less than 2 acres in size. 6) The facility must be operated in accordance with 15ANCAC 13B _0566, Operational Requirements for Land Clearing and Inert Debris (LCID) Landfills. 7) The approved facility must comply with the sedimentation and erosion control requirements contained in 15A NCAC 4, Sedimentation Control. Construction and operations involving sedimentation and erosion control activities greater than 1 acre typically require approval from the Land Quality Section, You should contact the Land Quality Section at (919) 733-4574 to determine whether your disposal activities require approval. 8) Ground water quality at this facility is subject to the classification and remedial action provisions of 15A NCAC 2L, Classifications and Water Quality Standards. Please contact the Water Quality Section (1-877- 623-6748) for additional information. 9) Closure of the facility shall be in accordance with 1 SA NCAC 13B .0566(5), which requires a minimum of 1 foot of suitable soil cover sloped to allow surface water runoffin a controlled manner be applied within 120 calendar days after completion of any phase of disposal operations or upon revocation of a permit. Please note that the regulation gives the Solid Waste Section the authority to require further actions if needed to correct any adverse condition. Should you have any questions or need additional assistance, please do not hesitate to contact either me at (919) 508-8504, or Ray Williams, Regional Waste Management Specialist, at 910-395-3900 x286. Sincerely, Geoffrey H_ Little Permit Engineer Solid Waste Section c: Jim Coffey, DWM Ed Mussler, DWM Ray Williams, DWM John Crowder, DWM C ALittle ProjeclslLClpW otifr-at on_Template\Notification_Tem plate. doc V ! ti .unswid, County --Register of Deeds �bert J. Robinson Ik5t F287364 Book 2226Pac3e 1131 08/31/2005 11:44:36am Recil ;� y 5.7 F-5 ram' tG RET Wes I X i3ir'00'N Me Pe N R LTOTAL 17 REV TC#3_9 REC# CKAMT��CK# APA CASH 1-7 REF BY T b NCDENR North Carolina Department of Environment and Natural Resources Dexter R. Matthews, Director Division of Waste Management Michael F. Easley, Governor William G. Ross Jr., Secretary LAND CLEARING AND.INERT DEBRIS LANDFILL NOTIFICATION Pursuant to 15A NCAC 138 .0563i2)(a), the land owneris) and operatoris) of any Land Clearing and Inert Debris Landfill under two (2) acres in size shall submit this notification form to the. Division prior to constructing or operating the lardfill. This form must be filed for recordation in the Register of Deeds' Office. The Register of Deeds shall index the notification under the name of the ownerts) of the land in the county or counties in which the'land is located. The Register's seal and the date, book, and page number of recording must be included on this form when submitted to the Division. This notification is not valid to authorize operation of a landfill unless complete, accurate, recorded, and submitted to the Division as required by 15A NCAC 138 0563121ib). 2. Faciliity Name: Beaver Dam ,Mine Facility location (street address): Landfill Road City:— _Supply County: Brunswick zip: 28462 3. Directions to Site: Turn off Hwy. 17 onto Galloway Road, then turn left onto Landfill Road. Last.pit on left -before you teach the landfill. _ 4. The land on which this landfill is located is described in the deed recorded in: deed book: 2203 page: 529 county: Brunswick 5. Name of landowner: Barnhill .Contractink Company 6. Mailing addres's:of,land owner: P•O.Box 1529 City.:' -Tarboro state; N. C. zip; 27886 7. Telephone number of land owner: 252 1 823-1021 If the land is owned by more than one person, attach additional sheets with the name, address, and phone number of all additional land owners. 8. Name of operator:, _ Barnhill Contracting Company 9. Trade or business name of operator:_ bilrnhill Contracting Comiianv 10. Mailing address of operator: P.O.Box 152 _ City: Tarboro State: N.C. Zip; 27886 11. Telephone number of operatorf 252 i 823-1021 _ If the landfill is operated by more than one person, attach additional sheets with the name, address, and phone number of all additional operators. 12. Projected use of land after completion of landfill operations: agriculture 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone; 919-508-84001 FAX: 919-733-48101Internet http://wastenotnc.org An Equdl Opportunlly l AKrmalive Acton Employer —Printed on Duar Purpose Recycled Paper 1 try jm et 6. AC 70' 7 AG P' 3e- -37" 7!p.i 35 •7 S. G" SUIT-- t9of$ Ot W 7' F w L EukRNHILL COPJTItACnNG N 7s•-p�•.19' w �� s 6} - •..��, ,ca: 'e COMPANY `311 Nvih~Ul- vlj b- IS2Y TwQm NmiC� nom !WA, 10-2r • 1 BARNHILL CON I I LACTING �t COMPANY 2311 North Main Streer PO Box 1529 Tarboro, North Carofina 27B86 252823-1021 Fax:252-823-0137 www.barnhilIcentracting.com September 1, 2005 Division of Waste Management Solid Waste Section 1646 Mail Service Center Raleigh, North Carolina 27699--1646 Dear Sir or Madam: • Re: Beaver Dam Mine LCID Landfill Notification Deed Book 2203, Page 529 Brunswick County, North Carolina Please find enclosed a completed LCID Landfill Notification form and notarized certifications as well the LCID map. Also enclosed is a letter from Mac Construction Company requesting transfer to Barnhill Contracting Company of LCID permit. Should you require any additional information, please do not please do not hesitate to contact us. Yours very truly, BARNHILL CONTRACTING COMPANY Wesley Brown Estimator WB/hws Enclosure Beaver Dam Mine Permitted Acres: 10.13 1 Q. CATEGORY AFFECTED ACREAGE ra&W/Sed"amnt Ponds 0.00 31tockpks 0.00 Arastepiles/LCID Landfill 2.00 'rocessingAnealttautRoads 0.20 vine Excavation 5.36 )ttt CotatDisumbedAcreage H" 7.56 LEGEND - Limits of Mine Direction of Water Flow Property Lire 1CTING qY RECEIVED . ycl �CML1rybELTaH Date:4118/12 REVISED:61112012 Drawn By: Jonathan Proctor I BARNHILL CONTRACTING COMPANY IN STREET, P.O. BOX 1529 rh CAROLINA 2788E mtracting Co. _ --- Date:4/18112 REVISED:6/112012 Drawn By: Jonathan Proctor Beaver Dam Mine Permitted Acres: 10.13 �and>;p &0 C/ N j / Location of exis5ng LCID Approximately 1.0 A" i BARNHILL ve CONTRACTING J COMPANY Mined out area used 2311 NORTH MAIN STREET, P.O. BOX 1529rCEiUE� 1 as sediment pond � Appmximatey to Acre Awl Road D.WI l 'rARBORp, NORTH CgROLINA?7888 r :�a<vu.r*v.seprran (/I 4 SO, �_ Owner: Barnhill Contracting Co. e Burr® / County: Brunswick ±20' Scale. V = 54 Date:4118112 REVISED:611/2012 Drawn By: Jonathan Proctor RI 4� Beaver Dam Mine Permitted Acres; 10.13 Beaver Dam Mine Permitted Acres: 10.13 i r rarw 1 � ti r Beaver Dam Mine Permitted Acres; 10.13 ■ BARNHILL CONTRAC NG COMPAN 2311 NORTH MAIN STREET, p.O,,BOX 152 TARBORO. NORTH CAROLINA27649 Owner. Bamhifl Contracting Co. County: Brunswick Scale: 1" = 1 oo, Date: 4/18112 ■ BARNHILL CONTRAC NG COMP 2311 NORTH MAIN STREET, Ro, BOX 152 TARBORO, NORTH CAROLINA2780 Owner: Barnhill Contracting Co. County: Brunswick Scale: 1" = tool Date: 4/18/12 ■ BARNHILL CONTRAC NG COMPAN 2311 NORTH MAIN STREET, p,O:.BOX 152 c TARBORO, NORTH CAROLINA27800 n Owner: Barnhill Contracting Co. County: Brunswick Scale: 1" Y Date:4/18/12 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Beaver Dam Mine 2. MINING PERMIT # 10-25 3. OPERATOR Wesley Brown, Barnhill Contracting Company 4. COUNTY Brunswick 5. ADDRESS 2311 North Main St, Tarboro, NC, 27886 6. PERMIT EXPIRATION DATE 05/08/2012 Renewal under review 7. RIVER BASIN Lumber 8. Person(s) contacted at site None 4. Was mine operating at time of inspection? ❑ Yes M No 10. Pictures? ❑ Yes ® No 11. Date last inspected: 01/18/2012 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: OC4A: 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. OC6: 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 offsite damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ® No If no, explain: RCl : 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. RC2A: The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. RC26: The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2:1 below the water line. RC2C: Any areas used for wastepile, screening, stockpiling or other processing shall be leveled and smoothed. Reclamation Minimum Standard 6: Permitte shall conduct reclamation activities pursuant to the reclamation plan herin 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. 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ® No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: Begin reclamation procedures as the site is inactive. You should be actively reclaiming the site as work continues. The permit is due to expire. If you intend to renew, submit a revised mine application. Greater details will'be needed regarding dewatering of the pit. 17. Other recommendations and comments: Permit application states there is no dewatering of the pit. However a surface drain is located in the pit. t8. Is the Annual Reclamation Report +1- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed Continued on back 19. Follow-up inspection needed? ® Yes ❑ No Proposed date After 08/01/2012 20. No. of additional pages of Inspection Report 0 INSPECTED BY: Brian Lambe Telephone No: 910-796-7314 Copy to file Copy to DWQ-WiRO Copy to operator 21. Copy of Report sent to operator 05/07/2012 DATE 05/07/2012 Copy to Mining Specialist RECEIVE MAY 15 7017 LAND QUALITY SECTION ._...... I _. — ._....... — . -- w, ..w . ......., a �.. Vy 4W uw Narmrlree. RecV019 systems that don t me t those criteria are considered discharafno systems, and are su 'ec to h C Q20000 disch e permit. "To obtain 7Qi011ows, permittees must contact the DWQ StormwaterPermitting Unit, If DWQ does not have allow estimate fora Specific stmam, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7010 flow. USGS will not detemvne a 7010 flow for tidally influenced water bodies. — If there is not enouahh information to give a complete answer, wRte in the Vqgg provided what you wi11 need to answer this Question completely. If you require DLRtoold the p.01.mitgntil further notice indicate that in he. guesti¢n below. Reviewed b DWQ RO Surface Water: Regional Office--wI& Date: I�CaID- 41IX4& � RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable): f1gG -7� �3 Rau San0PMH-r M10 North.Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Beaver Dam Mine 2. MINING PERMIT # 10-25 3. OPERATOR Wesley Brown, Barnhill Contracting Company 4. COUNTY Brunswick 5. ADDRESS 2311 North Main St, Tarboro, NC, 27886 6. PERMIT EXPIRATION DATE 05/08/2012 Renewal under review 7. RIVER BASIN Lumber 8. Person(s) contacted at site None 9. Was mine operating at time of inspection? ❑ Yes N No 10. Pictures? ❑ Yes N No 1I. Date last inspected: 05/7/2012 12. Any mining since last inspection? ❑ Yes N No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes N No If no, explain: OC4A: 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. OC6: 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 offsite damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes N No If no, explain: RCl : 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. RC2A: The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. RC2B: The side slopes to the lake excavation shall be graded to a 3 horizontal to l vertical or flatter to the water line and 2:1 below the water line. RC2C: Any areas used for wastepile, screening, stockpiling or other processing shall be leveled and smoothed. Reclamation Minimum Standard 6: Permitte shall conduct reclamation activities pursuant to the reclamation plan herin 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. 15. Did any of the above deficiencies result in offsite damage? ❑ Yes N No If yes, describe the type and severity of the damage: 16. Corrective treasures needed and/or taken: Begin reclamation procedures as the site is inactive. You should be actively reclaiming the site as work continues. The permit is due to expire. If you intend to renew, submit a revised mine application. Greater details will be needed regarding dewatering of the pit. 17. Other recommendations and comments: Permit application states there is no dewatering of the pit. However a surface drain is located in the pit. 05/17/2012 Chance meeting with Earl and Jonathan Proctor of Barnhill, Linda Willis of DW4. Discussed permitting issues. Comments will be issued in near future on permit application.T Continued on back 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed 19. Follow-up inspection needed? ® Yes ❑ No Proposed date After 08101 /201 20. No. of additional pages of Inspection Report 0 . 21. Copy of Report sent to operator 05/ 17/2012 13kINSPECTED BY: Brian Lambe L DATE 05/17/2012 Telephone No: 910-79637314 Copy to file Copy to DWQ-WiRO Copy to operator Copy to Mining Specialist RECEIVED MAY 2) 12012 LAND QUALITY HONING PROGRAM North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section`" MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Beaver Dam Mine 2. MINING PERMIT # 10-25 3. OPERATOR Wesley Brown, Barnhill Contracting Company 4. COUNTY Brunswick 5. ADDRESS 2311 North Main St, Tarboro, NC, 27886 6. PERMIT EXPIRATION DATE 05/08/2012 7. RIVER BASIN lumber 8. Person(s) contacted at site None 9. Was mine operating at time of inspection? D Yes N No tQ. Pictures? ® Yes ❑ No 11. Date last inspected: 3/16/10 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: OC4A: 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. OC6: 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 offsite damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes N No If no, explain: RCI : 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. RC2A: The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. RC213: The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water Iine and 2:1 below the water line. RC2C: Any areas used for wastepile, screening, stockpiling or other processing shall be leveled and smoothed. Reclamation Minimum Standard 6: Permitte shall conduct reclamation activities pursuant to the reclamation plan herin 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. 15. Did any of the above deficiencies result in offsite damage? ❑ Yes N No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: Begin reclamation procedures as the site is inactive. You should be actively reclaiming the site as work continues. The permit is due to expire. If you intend to renew, submit a revised mine application. Greater details will be needed regarding dewatering of the pit. 17. Other recommendations and comments: Permit-application:states-there:is-no-dewateringof the pit.--, However_a:surface drain_is`.located.in the -pit! 18. Is the Annual Reclamation Report +/- map accurate? N Yes ❑ No (Explain) ❑ Not Reviewed Continued on back 19. Follow-up inspection needed? ® Yes ❑ No Proposed date After 08/01/2012 20. No. of additional pages of Inspectio Renork 0 21. Copy of Report sent to operator 01/18/2012 INSPECTED BY: Brian Lambe DATE 01/] 8/2012 Telephone No: 910-796-7314 II Copy to file Copy to operator Copy to DWQ-WiRO Viv���.1 ; ...., Asj s=j�:,a=:;;,1 Copy to Mining Specialist 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 June 10, 2011 Barnhill Contracting Company Barnhill Contracting Company 2311 North Main Street Tarboro, NC 27886 RE: Mine No: 10-25 Beaver Dam Mine Brunswick Co. River Basin: Lumber Dear Sir or Madam: Beverly Eaves Perdue, Governor Dee Freeman, Secretary According to our records, the mining permit for the above referenced mine will expire on 5/8/2012. GS 74-52 provides that the permit may be renewed at any time during the two years prior to its expiration. The procedure to be followed and standards to be applied in renewing a permit shall be the same as those for issuing a permit. To apply for permit renewal, you must complete Item Nos. 1-5 of the Renewal Checklist (revised 11/2001). Complete and file an original and 6 (six) copies of the appropriate pages of the mining permit application form for this site along with the required corresponding mine maps. The appropriate application processing fee is also required. The renewal checklist and application form and other forms may be downloaded by visiting: littp://www.dlr.enr_state.nc_us/pages/mininctorogram.html, the web page for the Division of Land Resources' Mining Program. Please be sure to indicate any changes in the mining and/or reclamation plan. All requested information must be forwarded to the Land Quality Section's Central Office at the address located on the cover of the application form. If it is your intent to reclaim and release this site, the renewal will not be necessary. If this is the case, no further mining should be conducted after the expiration date and reclamation should begin immediately. It is further requested that you notify this office in writing of your intent to reclaim and release the site. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX; 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • lntemet:http:llwww.dir.enr.state.nc.uslpagesliandquatilysection.html An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Page 2 It is recommended that you submit the above information for renewal of your mining permit at least 90 days prior to the permit's expiration date in order to allow the Department enough time to complete its review of your request before the permit expires. If you allow the permit to expire before submitting a request for renewal as per the above Checklist, you must immediately cease mining on and after the expiration date and complete reclamation of the site. Mining without a permit is subject to a $5,000 per day civil penalty. After the expiration date, approval of a new mining permit application will be required before mining may continue. Thank you for your cooperation. Please contact this office at (919) 733-4574 if you have any questions regarding this matter. Sincerely, Francis M. Nevils, Jr. PE Section Chief Land Quality Section FMNIbh cc: Dan Sams Ayzl�w 0 AA ir- 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 4, 2012 MEMORANDUM TO: Ms. Maria Dunn Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris 6 �) Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Barnhill Contracting Company Beaver Dam Brunswick County Beverly Eaves Perdue, Governor Dee Freeman, Secretary 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 May 30, 2012 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, estuarine, or marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. 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) 733- 4574 if you have any questions, fbmh Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-919-707-92201 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 Al 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 4, 2012 MEMORANDUM TO. Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris_ Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Barnhill Contracting Company Beaver Dam Brunswick County Beverly Eaves Perdue, Governor Dee Freeman, Secretary © Mine Dewatering Proposed © 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 potable groundwater supplies (G.S. 74-51 (2)). Please respond by May 30, 2012 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 potable groundwater supplies would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-707-9220 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 CON 1. It ►cnNG Cop PANY liTA-­ RO, NORTH _ 25 821021 PAY Seven Hundred Fifty Dollars and 00 Cents gym —li NCDENR'- DIVISION"OF THE LAND QUALITY ORDER 1612 MAIL SERVICE CENTER OF sci H-,NC 27f9 -W?—. ........---- — BRANCH BANKING AND TRUSTRY 66�12 COMPANY 531 TARBORO, NORTHi CAROUNA .;Y �i CHECK DATE'lEK1 CHECK AMOUNT LA - VOID AFTER 9LiRxS E =—� ; Y= .' ;s North Carolina Department of Environment and Natural ResouraCEIVED Division of Land Resources, Land Quality Section MAP 94 min MINE INSPECTION REPORT LAND QUALITY (PERMITTED MINE) MINING PROGRAM 1. MINE NAME Beaver Dam Mine 2. MINING PERMIT # 10-25 3. OPERATOR Barnhill Contracting Company 4, COUNTY Bnu;wick 5. ADDRESS 1 2311 North Main Street Tarboro, N.C. 27886 6. PERMIT EXPIRATION DATE - 5-8-2012 7. RIVER BASIN Lumber 8. Person(s) contacted at site FNo one on site 9. Was mine operating at time of inspection? ❑ Yes N No 10. Pictures? ❑ Yes No 11. Date last inspected: 6-28-2007 112. Any mining since last inspection? N Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes N No If no, explain: OC#4A: Adequate mechanical barriers including but not limited to diversions, earthen dikes, siit_check dams, silt retarding structures, ri 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#5 All affected area boundaries (10.13 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing_ intervals. @C#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 measures, structures, or devices. 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. OC#IOA 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 Oualfty Section Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes N No If no, explain: RC#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 de and revegetate the adjacent disturbed areas. RC#2B: The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter below the water line. RC#2C: An,, a� used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. RC#2D: No contaminants shall be permanently disposed of at the mine site. On site disposal of waste shall be in accordance with Operating Condition Nos. M.A. through D. 15. Did any of the above deficiencies result in offsite damage? ❑ Yes N No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: Install erosion control measures in accordance with approved mining plan (Silt Basin). Mark the mining limits clearly and visible. Required buffer between the mining limits and the excavation shall remain undisturbed. r r 17. Other recommendations and comments: Silt basin should be installed where suitable soils exist not in clay soils 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed 19. Follow-up inspection needed? ® Yes ❑ No Proposed date 1 5-7-2010 20. No. of additional a es of Ins eation Report 0. 21. Copy of Report sent to operator 3-1672010 �. y�2''vvl - INSPECTED BY: Nicholas Mills DATE 3-16-2010 Telephone No: 9I0-796-7230 Copy to file Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section (PERMITTED MINE) 1. MINE NAME ! dd.r 2. MINING PERMIT 3. OPERATOR Pi- • Je i 4. COUNTY 4 i / c k 5. ADDRESS t I' � i . ,f 6. PERMIT EXPIRATION DATE n' - r a q 7. RIVER BASIN y .� la ✓ 8. Person(s) contacted at site i f o rk} I'Hr tL_ It,,, ' 4 f (, H [ 2 or f 9. Was mine operating at time of inspection? ❑ Yes 'O'No 1 10. Pictures? ❑ Yes 2S No 11. Date last inspected: I I 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: / a 1, , 1 .. l , 1141, A.[. / , r' f: 4 r N-e l' r. , r 14 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes �wNo If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes E No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: �I /tl r•! )!!I �r [r C llll ,it.l.e[! rJJf.Yf 17. Other recommendations and comments: L.1cr,' r7 +c• f[ .�...'��� �-,>•'FR- r� f. r 4(1 rlfC i ��+C l� uZA V 4AJ e'l4 tr7JAl r � l kr"C •P i�{E r.r�A lr',* C r( liJ�.rJI /Li� /lfrri•1,'[/,'lr(�."i!.✓✓ .1i7161C 1/�1111�,Vi✓�rrr 18. Is the Annual Reclamation Report +1-map accurate? ❑ Yes ❑ No (Explain) [I Not Reviewed 19. Follow-up inspection needed? E]'Yes ❑ No '� �; �r I'; �[ t .,Pr<p o osed date % "I J'/ l c:. 20, No. of additional pages of Inspection Report 21. Copy of Report sent to operator I I (date) INSPECTED BY: Of � �,.'� . _ , a f (� ., _ DATE 11 I 6 Telephone No: 01, ) .! yr 7 �? r White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 F, c CS" i - - i'rj.�-.....'..� _ - ..-a,.rl'..:..',,,.,,yf.z«--l•'.'."'�'...-_-.TJ..✓�•A�,Y't."_ H"I'1'4, ` u'1�r� € North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section (PERMITTED MINE) 1. NfINE NAME iif L�_e I p r L\q r7i -_ 2. MINING PERMIT # A 5 3. OPERATOR 9,t /r't h, i t f ,),Pi fT:. 4_ COUNTY ut J< 5, ADDRESS I _9-, 7e d ibDr o _t1r. a 7 *f51� _ - 6. PERMIT EXPIRATION DATE .S -,x - 2— 7. RIVER BASIN 8. Person(s) contacted at site I-V q 9. Was mine operating at time o inspection? ❑ Yes ;] No 10. Pictures? ❑ Yes 50 No 11. Date last inspected: I /,S /0 5 12. Any mining since last inspection? ❑ Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? )R7 Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? WYes ❑ 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: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: Aa i� - r ez - /" , yr ( ' i-vI' z . , !Yn / "� v 'J �.iu fi[ w L i L G t N11, r r r Ci r7 v7 F. P C / / .'1 �y r n/ 6 f J - V 18. Is the Annual Reclamation Report +/-map accurate?Yes ❑ No (Explain) ❑ Not Reviewed I 19. Follow-up inspection needed? ❑ Yes 0 No Proposed date 20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator 6 1, jZ (date) INSPECTED BY: ! fi,f r_f ! -) r : % 'r DATE Telephone No: ( White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 (BEAM Mine Entry Screen ?MAC., ` Issu ase date evised date Fln� Permitted acreage � SC°1LCAi►J Bo nded acreage n�,' ff� �S � go �t 1 -to �& I xpiration date (60 Mine acreage screen releases Permitted acreage in new acres reclaimed (mine excavation category) (BEAM ,�--- -- f, AZ • "A i ' _ 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 August 18, 2005 Mr. Wesley Brown Barnhill Contracting Company 2311 North Main Street Tarboro, North Carolina 27886 RE: Mining Permit No. 10-251 Beaver Dam Mine Brunswick County 1 Lumber River Basin Dear Mr. Brown: Michael F. Easley, Governor William G. Ross Jr., Secretary Your request to have the above referenced mining permit, issued to Mac Construction Company, transferred in its entirety to your company has been approved. As we have received the required surety in an amount sufficient to cover the present operation, I am enclosing the transferred mining permit. The permit number, expiration date and mine name shall remain the same as before the transfer. Please review the permit carefully and notify this office of any objections or questions you may have concerning the terms of the permit. It is your responsibility to fully understand and comply with the conditions of your mining permit. I would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition No. 4C and 13. As a reminder, your permitted acreage at this site is 10.13 acres and the amount of land you are approved to disturb is 10 acres. Again, if you should have any questions on this matter please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574. Sinc rely, 6 q Floyd R. Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRWIjw Enclosures cc: Mr. Dan Sams, PE Mr. Bradley Bennett-DWQ, wlenclosures Ms. Shannon Deaton-WRC, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 1 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 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. 74-45 through 58, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Barnhill Contracting Company Beaver Dam Mine Brunswick County - Permit No. 10-25 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: May 8, 2012 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 August 18, 2005: This permit, issued to Mac Construction Company, has been transferred in its entirety to Barnhill Contracting Company. Expiration Date This permit shall be effective from the date of its issuance until May 8, 2012. 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 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 area around the mine excavation shall be diverted internal to said excavation or into the approved silt basin. C. Mining activities shall be conducted as indicated on the mine map received by the Land Quality Section on July 20, 2005. 5. All mining permit boundaries (10.13 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. Page 4 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 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 1Q. 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): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal. 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; Page 5 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. 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 $500,000.00 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. fi. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 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 Species Rate, Lbs/Acre February 15 - April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1 - July 31 Common Bermuda 50 August 1 - October 25 Lespedeza (unscarifled) 30 German millet 40 October 25 - February 15 Rye (grain- temporary) 120 Soil Amendments 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 to Mac Construction October 21, 1991 and renewed May 8, 2002, is hereby transferred in its entirety to Barnhill Contracting Company this 18t' day of August, 2005 pursuant to G.S. 74-51. By: Y.01 James D. Simons, Director �I Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources A�� A961 � NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE 7irector and State Geologist August 18, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 3150 0003 7042 2800 Mr. Edward Earl Tharp Mac Construction Company PO Box 777 Shallotte, North Carolina 28459 Re: Mining Permit No. 10-25 Beaver Dam Mine Brunswick County Lumber River Basin Dear Mr. Tharp: Michael F. Easley, Governor William G. Ross Jr., Secretary Your request to have Mining Permit No. 10-25 transferred in its entirety from your company to Barnhill Contracting Company has been approved. As we have received Barnhill Contracting Company's required surety in an amount sufficient to cover the present operation, your company is hereby released from further responsibility for this site with respect to The Mining Act of 1971. You may wish to reduce the $14,900.00 surety bond held by this office for this site and Mining Permit No. 10-51 to $6,600.00 for Mining Permit No. 10-51 only. Thank you for your cooperation in this matter. Sincerely, * ea Floy R. Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRW1jw cc: Mr. Dan Sams, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-919-733-4574 / 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 I MAC transfer • Subject: MAC transfer From: Todd Walton <T'odd.Walton@ncmail.net> Date: Tue, 16 Aug 2005 09:44:00 -0400 To: Judy Wehner <Judy.Wehner@ncmail.net> I have no comments on this project. Todd Walton 1 of 1 8/16/2005 9:45 AM MINING CHI KLI iPrnier-t FOR ROUTING Applicant's Name• t Name: Dot Applic.IPermit NoJD;�S-County: Date Received: Reviewer. River 5asin Name:ALC' ❑ New ❑ Renewal ❑ Modification (inside ermit boundaries) ❑ Modification (outside permit boundaries) Transfer ❑ Release ❑ Partial Release �e.e Received: $( ❑ Additional Information ❑ Fee Needed: $ QP Regional Office (2 complete copies; attach the "LQ5 Regional Office Mining pplication Review Checklist" to one copy and attach } Qa the DWQnd DAQ "Mining Application Review Form" to the other copy; send both copies to th 6 i- gineer) Date: Routed 7 Rec' ❑ Division of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ U5 Fish & Wildlife Service Date: Routed Reed (Only new applications and modification rcquest5 that add land to the permit) M routeg2aaco of application and any-laoation Il.• .r Divj!5ion of • Recreation D.te: Routed KCCd ❑ NC Geological Survey Section Date: Routed Rec'd — (Only new applications and modification rcquests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd _ (Only new applications) ❑ Other: Date: Routed Rec'd **5uopenoc Date for Comments: I (no later than 25 days from receipt) i,;Please note the foilowing: • • to Barnhill Contracting Company sh $50.00 THIS IS NOT A CHECK PLEASE DETACH STUB BEFORE DEPOSITING DO NOT CASH JTARB. BAEiNH[LL BRANCH BANK 5 TRUST CO. ORO, N.C. 27886 66-171 ONNTRAchma 531 co'"PAW N0• 13- 78608 P.O. BOX 1529 TARBORO, NORTH CAROLINA 27686 252-823-1021 CHECK NO. PAY ove 7/20/05 THE SUMS r,�:r� 1 AMOUNT $ 50.00 TO THE OROEROF; NCDE" -BARNHILL CONTRACTING COMPANY Land Quality Section 1612 Mall Service Center Raleigh, NC 27699-1612 AUTHORIZED SIGNATURE VOID AFTER 180 DAYS • • BARNHIL6 CON TRACI7NG ❑ COMPANY 231 1 Norm Main Street PO Box 1529 Tarboro, North Carolina 27886 252-623-1021 Fax:252-823-0137 www.barnhillcontracting. corn July 19, 2005 Ms. Judith A. Wehner Assistant State Mining Specialist Land Quality Section Central office 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Dear: Ms. Wehner: CE I JUL 2 0 2005 LAND WOALITY Re.: Permit Transfer Permit No. 10-25 Brunswick County, N. C. Lumber River Basin Barnhill Contracting Company is requesting a transfer of the Beaver Dam Mine, Brunswick County N. C. permit No. 10-25. As of August 1, 2005 Barnhill Contracting will assume all responsibilities of this mine site. Should you require any additional information please do not hesitate to contact us at 252- 823-1021. Yours very truly, Barnhill Contracting Company 1plalor -4,140t Wesley Brown Estimator/Project Manager Enclosure ` MANSTRUCTION COMPANY J PO Box 777 Shallotte, NC 28459 910-754-7177, 910-754-7179 Fax W.J. McLamb, President Earl Tharp, Vice-President/Gen.Mgr. July 13, 2005 NCDENR 1612 Mail Service Center Raleigh, NC 27699-1612 Ref. Permit No, 10-25 Beaver Dam Mine Brunswick County Lumber River Basin Dear Sir, Asphalt Paving Contractor The above referenced mine permit No. l 0-25 is being transferred to Barnhill Contracting Company of Tarboro, NC due to the sale of Mac Construction Company. Barnhill Contracting Company 2311 N Main St ` Tarboro, NC 27886 Sincerely, ?ward Earl Tharp Vice President/General Manager Mac Construction Company .r w APPLICATION FOR A MINING PE IT u 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 CIIARACTERISTICS OF THE MINE Answer all of the following that apply: 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 a RENEWAL of a mining permit, indicate the mining permit number And the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal' fee will be based upon): 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.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes _ No . If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification' fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes No _ If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (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.: 10-25 Total permitted acreage: 10.13 AC 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 ACREAGED NOTED ABOVE. 2. Name of all materials mined : SAND, CLAY OR OTHER EARTHEN MATERIALS 3. Mining method: Hydraulic Dredge Front-end Loader & Truck Shovel & Truck Dragline & Truck Self -loading Scraper — Other (explain) EXCAVATOR & TRUCKS APPLICATION FOR A MINING PERMIT or 4. a. Expected maximum depth of mine (feet) 25 feet Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) NATURAL GROUND LEVEL b. Expected average depth of mine (feet) l5 feet 5_ Has any area(s) at this site been mined in the past? Yes X No If yes, when and by whom was this activity conducted? PAST 10 YEARS BY MAC CONSTRUCTION COMPANY. 6. Number of years for which the permit is requested (10 years maximum): 10 years 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 -- County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 Weohereby 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. NEI Signature: , A(�� Oe Print Name: BARNHILL CONTRACTING Address: P.O. BOX 1529 TARBORO, N-C. 27886 APPLICANT: Signature: Print Name: ALLEN BARNHILL Title: VICE PRESIDENT Company: BARNHILL CONTRACTING CO. Telephone: _ (252) 823-1021 Mine Name: BEAVER DAM *Signature must be the same as the individual who signed Page 1 of this application. Six 6 copies of the completed application, six 6 copies of all location maps, mine maps and reclamation maps, and the appropriate processing fee (see next page for fee schedule) in the form of a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Ouality 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. 18 or TALL CLIL Y!!TT N of1'-z5'-32- w 121- 71 COC�y Tl Tp r 74 p ' 4'-30' E <� lb ID { .1 ? A 1..._ . I.. f CK ROAD •� � � J CJVI s � 1 :,t30L eaAL VV" cAG CZ& y. 7 D9'-OI'-3z- E 4,� 1 � •_aa- w �t 281.7` N !9'-2O -15� W 1v. A C TOT .�/ 3 Z40i.6c' 7 AC 68.73' �t rl,�� ► 5 44 16l39p'F- v4 MD-1 � 10.l3� F � N 38-_56 -12- E {,a �� r 9 52'-17 -56- W 98.6 ID N TI. 13' ro" E •�.nr 3e._37•_g3- vv • r' Jt� 15 L - .. .K Vr-y 0. r N L 35'-5rE 1! 75.26' 2144.95INV op s to d� � 3 87+-Z5•-aa- w .<i65'-dZ,-So- w 47- f °►.L _ ��� �'C4iL_�OLFr N 09'-54'-35aB6 -09 - h I / - ri 6G`gA 2" ``7r� LVoL[A �a 5 -.4' r. ,Vt 95.22' 1 1� 110.66' 1 ,y SO._3O _rj W Ncaa -SafL +a N 3a•-Sa -57- ! i` „AD z7 Coor+orr<ATES . fo."g4v.V34r 59. C r�zeAialssr ' f 44 -43 -36 N 62'-23'-5G w '� S � 122.68' 65'-4i'_44- W N 73'-24-19- W 14 ? �10 � sa�HH�u wce: •Lti� ■ COMPANY - _ AT[i r 5 3 - 7 7 ' NAn r7 c oowr•' 2311 Norm Nlam Sweet P.O. Box 1529 7artora. Norm Camb-o 27sa6 -_ 1?eaitr Juan &,,4 *V. /0 ' 2 f F:YP71f GALLOWAY KMY P K") - 970 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael F. Easley, Govemor director and State Geologist William G. Ross Jr., Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 3150 0003 7042 2800 Mr. Edward Earl Tharp Mac Construction Company PO Box 777 Shallotte, North Carolina 28459 Re: Mining Permit No. 10-25 Beaver Dam Mine Brunswick County Lumber River Basin Dear Mr. Tharp: August 18, 2005 7003 1010 0003 5645 1068 Your request to have Mining Permit No. 10-25 transferred in its entirety from your company to Barnhill Contracting Company has been approved. As we have received Barnhill Contracting Company's required surety in an amount sufficient to cover the present operation, your company is hereby released from further responsibility for this site with respect to The Mining Act of 1971. You may wish to reduce the $14,900.00 surety bond held by this office for this site and Mining Permit No. 10-51 to $6,600.00 for Mining Permit No. 10-51 only. Thank you for your cooperation in this matter, Sincerely, 4�e' Floy R. Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRW/jw cc: Mr. Dan Sams, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau 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 110% Post Consumer Paper North Carolina Department of Environment and Natural Resour�es, Ric_., Division of Land Resources, Land Quality Section MINE INSPECTION REPORT L� 17 Z505 (PERMITTED MINE) L,a wUaLirY sEcrr 1. MINE NAME 1�4,-r M.; 2. MINING PERMIT # 3. OPERATOR if1l /'iv, 4r,1 a�TinN t"', _ 4. COUNTY 5. ADDRESS 4 ,dox 777 S11-4« oiir IvG 2y4/.5-9 6. PERMIT EXPIRATION DATE 7. RIVER BASIN 8. Person(s) contacted at site m nNF r.,v 9. Was mine operating at time of inspection? ❑ Yes ;( No 10. Pictures? ❑ Yes 5?-No 11. Date last inspected: 9 / 30 / o4I 12. Any mining since last inspection? ❑ Yes ;K No 13. Is the mine in compliance with the Operating Conditions of the Permit? ,Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? A Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes I R No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 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 1 20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator / 1 (date) INSPECTED BY: o %� (' . " �W rr DATE a7 / /S 1 a s Telephone No: ( 91v ) 419r- 79dd White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 . �, - r.. .. ..... "„ ti,,Y,-, �o.-n+1r.-•--�;,,,,, , ..... ;.. _... �� - -�c— �,.-Vu....r.v-..�,;.r�'�'-'^��.,,.�!T,R7�^W»;'�[yrnC�'K«--'^-'+"'.-"-ti�....,...::�.�,+�..,.. # North Carolina Department of Environment and Natural Resources, Division of Land. Resources, Land Quality Section (PERMITTED MINE) , 1. MINE NAME A ;Lr ,z 1�.. ,� I.1, 2. MINING PERMIT # 3. OPERATOR _� 1nc. ft.,, L► t r rice N c"' 4. COUNTY C�Uie.•s, ,rr,t -- 5. ADDRESS TL, 7r 6. PERNIIT EXPIRATION DATE M7. RIVER BASIN �. •-� t •t — 8. Person(s) contacted at site A� AI 9. Was mine operating at time of inspection?' ❑ Yes 5rNo 10. Pictures? ❑ Yes No 11. Date last inspected: s 12. Any mining since last inspection? ❑ Yes '�ff.No 13. Is the mine in compliance with the Operating Conditions of the Permit? X Yes ❑ No If no, explain: _4 _. 14. Is the mine in compliance with the Reclamation Conditions of `the Permit? 5d Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes P�-No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +/-map accurate? X Yes ❑No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑., Yes �W No Proposed date I I 20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator/o/ i / o y/ (date) INSPECTED BY: DATE _ _� 1 30 d y Telephone No: )400 ;fhite copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 _ r l ,r NCDENR North Carolina Department of Environment and Division of Land Resources James D, Simons, P.G., P.E. Land Quality Section Director and State Geologist April 23, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Edward Earl Tharp Mac Construction Company P.O. Box 777 Shallotte, North Carolina 28459 RE: Permit No. 10-25 Beaver Dam Mine Brunswick County Lumber River Basin Dear Mr. Tharp: Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary We have received the $14,900.00 surety bond rider (no. 3-602-673) issued by The Ohio Casualty Insurance Company for the above referenced mining operation. As this new surety bond sufficiently covers both of your company's mining operations, the enclosed canceling surety bored (no. 6717403) for $8,300.00 issued by Selective Insurance Company of America is hereby released by the Department of Environment and Natural Resources for your disposal. As such, this office is closing its file on this bond cancellation/forfeiture action. Thank you for your cooperation and prompt attention to this matter. If you should have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574. Sin ely, aMMing , P.E. Stapecialist Land Quality Section TED/jw Enclosure: Surety Bond No. B717403 cc: Mr. Dan Sams, P.E. Ms. Susan Stephenson, Esq., Selective Insurance Company of America Ms. Kathy Cooper, Esq., Attorney General's Office Ms. Marjorie Downey, Attorney General's Office 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-7334574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal opportunity 1 Affirmative Action Employer - 50°/o Recycled t 10% Post Consumer Paper oIr � n m m O F F @ S A L U S E -a Poefope 3 0 13 Cergfked Fee 0 PostTwk O Rawm Beaeipt Fee Hero (Endwwnont Re4uz cG ResuMad peOmy Fee C3 jFwwwment AGOUed} r,u lbtd poemp d Few .� C3 © en Sfreei,-Apt: Na; or PO Box No, CJtr, StafB, ZfP+ A...................�-,..........-...r........�.,........,-......... :�r 84/17/2803 11:13 9107547179 M�� PACE 01 AC CONSTRUCTIOI •--'--"—'-----'---- MAC CONSTRUCTION COMPANN P.O. BOX 777 Sl'i..1x.LO TE, N.C. 29459 TEx.EPRONE (910) 7S4-7177 FAX (910) 7S4-7179 FAX COVER SKEET )DATE:_ FO To AT" - FAX FAX NO. - FROM: PAGES FAXED (inciudlug'cover sh-::t):._ _ AT.ESSAGE• �. . � .� 04/17/2003 11:13 9107547179 MAC CONSTRUCTIONI1 PAGE 02 The C -Jii : Casualty insurance Company , r7 , C:gm=� i46I6 r+SYAltr YAOIJr Hamilton, Ohio � ' RJV"'[i.:'CHANGING AMOUNT OF BOND WHEREAS, on or about ��r; ; � .��pQ� � The Ohio Casualty Insurance Company as Surety, (hcrcinaRer called the Sure'.,: iu�:.ted its Bond No. on belialf of --- lv[ac t:ar I:'' 1ct itl]]Cumpgng in favor of The -Stage of',Nr:-;th Carolina, Land Quality Section in the amou;tt o1'' fi.l.x .t.hc2tiai i1„; ;aix hundred dollars b 600.00 I�ollarx .... S . and WHEREAS, it is the des re o ';iyr• ties T said € (fd teat the�� pount ere shall be increased/decreased as lrereirtat}erprovided; to nt u!; tort of um er. ves as n NOW, THEREFORE. it is hereby %%ouVted anti agreed that , with respect to any loss or losses sustained through acts or omissions occurring on or <`:'r A]aril- 22 r 2003 the amount originally stated in said Bond (or the arnount to which said original a,;r+u:: may have been subsequently changed by rider) is hereby increased/decreased to -Fourteen thousand. red doll rs - D01121•s S 14,900.00 Provided, however. (1) that the I;al':' ity :of the Suety for any loss sustained through acts or omissions occurring in any period during which the coLerv.., sl.'Mi have been in the same amount shall be limited to the amount of coverage itt force at the time. such acts or qti ,:c5i i5 occur; and provided further that the aggregate liability of the Surety for any and all losses sustained.throul",. a,-s or omissions occurring during the life of said bond, 'irrespective if the number of changes,madc in the am(' at - (ereof, shall not be cumulative as to periods during which the coverage was in different amounts, and shall not ;,} a:, a event'exceed the largest amount of said bond at any one lime; (2) if the attached bond contains a provisiorr;[-mi;;ng the droe for discovery of loss after the cancellation of the hond, and if this rider decreases the atrtount of 5; .d li^)¢d• the amount by which the Coverage is decreased shall be considered as having been canceled a:s of the effa :ivr date of such decrease for the purpose of computing the period allowed for the discovery of less. Signed- Sealed and Dated: r:,, 1 14, 200 Principal Agreed to and accepted by: Rider Changing Amount of Bond {Not to tie. used ivkh Fidelity or Blanker'A;; d, S-3863 94/17/2003 11:13 9107547179 MAC C11115TIRUCTI1INfr PAGE 03 COPY OF POWER OF ATTORNEY OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY Itrior All Man lay Thaoo t7reernt9•�-�'j)!_'t THE OHIO CASUALTY .INSURANCE COMPANY, on Olun Corporation, and WEST 0EFLICAN INS LTRAIICE COWA ' an Indiana Coriionb'anin purstivtc:.�f 4,1=6ry E7mtod by Article VI, Section 7 of the 17y,Lows of The Ohio Cauiaity Inuwanec Company and AWictc VI, Section l of Wear Amcncari Insurance Company,;'_', r h, ;by nominate, constitute and appoint: George 'Tenets, Jr., Robert ti. Philllpa, ,miehael 8, Burhinihaw, Linda D, Seats or John H. ward of Wilmington, No its uua and lawful agent (e) and attorney {s)dn•[act, to make, executo, seed and deliver Tor and an its i tbeff as surety, and as ip act and deed any grad all BONDS. [JNt}` ,'_Th :[NGS. and RECOGNIZANCts excluding, however, any bond(a) or ur dwtakiatt(s) guaranteeing the payment of notes �r::r,[errn thereon :,j Apt! the ev"mion of mach bonds or under[alrinca' it:'vur s,.,krrcc of these preatnts, shalt be ea binding upon srdd CompanleS, as fully and amply, to all intents wid purposes, as if dray had been duty executed nerd ackncivWged by I; a rel Iarly elected officers of the Corripaniee at their administraiii c offices in Hamilton. Ohio, in their "it proper pereeus. The authority granted hereunder sarperscdes any yrr xs'r. dhvrih herotofore gramad the above oauned dtlomay(a)-in-feet, V1 In WITNESS 'HE} 7F, :'r undersigned orrcer of the said The Ohio Casuatp' Insurance Company and west Amencao Insurance Company has hcrttuato subscribed his name and affixed the Corpi' }:io .d of each Company this loth day of Navernherr, 200L Sent I..owrtnee, A15i�tanr Secretory S4A%•E OF OHIO, , ., EO1)i�Z°OF BUI'L.Eft ... , ..-:, . ''J-: : - ' ..... .. .. .. - ..__. - ..._.,. _. _ . -- - - ----• - - On this loth day of November, 2002 before the su irib ; a Notary Public of the State of Ohio, in and for the County of butler, duty commissioned and qualified, cause Sama Lawrence, Amist int Secretary of TRF, OHIO CA;"iigl'- e INSURANCE CObVANY and WF51' AA'ITRICAN INSURANCE C01,7ANY, to mb personally knurrn to bt tee individual and officer -described in, and who execnlc;",he ;;; rceding'ishstritmcrt. and be acknowledged the execution of the stone, and bcinp by me dilly sworn dcposeth and saith, that he ie the officer of the Companies aforesaid; an ; hsl'r ie seals afftxod lu rho orecediltg instrument am the Corpotata sow4 of said Companies, and the said Curporate SealS and his sigraaturc as eificcv were duly aff Led'md anti, 'ribi ;l to the said in;iniment by ibe authority and'dircclion of the said CorporatioikJ, IN TESTIMONY WHEREOF, f have hereunto ,t•' nt},:'.and and alfiixtd my Official Seal at the City of Hamilim. BIate of Ohie, the day and yrtm, fir%! above wrinsn. Normy Public in and fvr County of Butler, State of Ohio My Cranmiaaion &xpirea Auxuet G, 2007. power of attomcy is granted under and by aunt' ,ty Article VI, section 7 of the By -Laws of The Ohio Casualty Insurance Company and Article Vl, Seuimi I of West Americau Insurance Company, eximcla from which r';;' I: Arfiele VI, Seetion 7. APPOIN'TWN'r Op ;;)R3•'F YS•tN•FACT, GI'C, "The chairman of the board, rite prwidrnt, any vice-president the secretary or any esaistmtt sectviary of pacb of these Companies'shall be and;! ht,i: y veslcd wttb hdl power and auihity to appoint attomcvs-in-fact fnr the purpose of sussing the none of the Contpailies as surety to. and to execute, mtach Alta atImo-icd(te and delivet any and all bonds, reeogtriranees, stipulabprls, underlAings of other instrumenLa of suretyship and politics of insurance to be given in fa'r.�.-of 6v individual, rim, corporation. or the official Eeµresentative thereof, or to any county or stale, ut dity official board or boatcls of county or state. or the' United States of A r-:tic.:_ or to arty other political subdivision," Artialt VI, Section 1, \PpOr.7mEN-rOF tLC°'' ;'rEfeC'' OFFIt�RS, "The Chairman qt she Board, the President; any Vice President, a Secretary or any Assistant Secretary shall be and is hereby reared with fuel power and o, . adi to appoint aRoraeys in fa_t for the pttepoxe of signing eke narae of tlhe corporation as surety or guarantor, and to execute. attach the cmporatt seal, u1nowledge and'%::IN z miy mid all bonds, reeoguieances,'slipulationa, undertakings or other insirvuments of surety -ship or guarantee, and pohCias of insurance to be siren in favnr of au indivi' ik. Pt, a, eorpontion,;r the ofaiat representative theteof. of to any count- or state.: rw my official board or bonito of any eotuity at start., or tjre utsite:l Wa" of Amer;ca, of to,,r, (.•. a zr politicat subdivision " .ilia inrdument is signed and scaled fly t'acsirtt:iie as :ed by the following Resolution adopted by the respective directors of tho Companica (adopted Mai 27. 1970-The Ohio Casualty insurance Compaoy; adopted April 24;;iii&0- ;cat Americaj l"Utance Company). "RESOLVED that the sieature of any officer,: ;;the -.ompany authofizO by the By -Laws to Appoint attorneys in fact• the slgilarkerc of the Secretary or any Assistant Secretary certifying to the colradillum of any cagy 0:,'': ptf{-_r of attorney Rod the aCaa of the Company may be RlTsxed by feesiarite to any power of attorney or copy thereof ..:c un behalt of the Company, 'Such signatrues atyt';sal ",re hereby adopted by the Company as original signamtes and seal, to be valid and binding upon tine Company with !kr state force mtd'e[T•cr as though manually affixed.':,':'. • CERTTFICA'fE •- ••• 1, the undersigned Assistant Secretary of The Ohio Ct'e'.1lty'.taururce Company and West American Insurance Company, do hereby ecnify that the foregoing Power e"I the sefeienead Byhus of the Conipartics and the a 1 : Ru;;raution of their Boards of Dirtetora a ,tale ,nd cones ;pies Rn c it) full rgt yg� d gf ct 'on lbi, Th WITNESS WHEREOF; I have bereunlo set my hay>,: anti."ic seals of the C:ompanics this 1day of JC�'7 .F, 0EA ,� ;; 1'�'��Gr��I�+••aA� ,y AsaislanI Secrelary SA300 Mining Permit 10-25 Subject: Mining Permit 10-25 Date: Mon, 07 Apr 2003 15;25:50 -0400 From: Kevin Rowland <Kevin.Row land@ncmail. net> To: judy.wehner@ncmail.net Hi Judy, I got a call from Pipi Hughes at MAC Construction about her mine (permit # 10-25). She said that they were changing bonding companies and not closing the Mine. She said she would have a new bond by April 25th. I'm not really sure what the confusion is, so I told her I would contact you. Her number is 910-754-7177. Thanks, Kevin Kevin Rowland <Kevin.RowlandQ)cmail.net> 1 of 1 4/7/2003 4:01 PM ti ..... e . . -r < . ....yM1 -.�.. a .. ; 'a.-••�. w.:-,1 ��,-S � r...• �,wJ i-�n..k� h+T.+�-.,v:.-.-..+.r�.�.r^^' .�. ...-,r+..n..n+.. � . ... . .. -. .,. -. M1. ,-z-- i North Carolina epartment of Environment and Natural Resources, 4 Division of Land Resources, Land Quality Section (PERMITTED MINE) 1. MINE NAME U Y 2. MINING PERMIT 9 - 3. OPERATOR r 4. COUNTY 5. ADDRESS , / /t/ C 6. PERMIT EXPIRATION DATE 7. RIVER BASIN 8. Person(s) contacted at site A10 ' , ! 9. Was mine operating at time of inspection? El Yes No 10. Pictures? ❑ Yes /5i 'No 11. Date last inspected: 12. Any mining since last inspectin? ❑Yes ❑ No ? 13. Is the mine in compliance with the Operating Conditions U the Permii? 'Yes. ? ❑ No If no, explain; k 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No If no, explain: 1141 - z&nte ,5 a r" / r e, .S 1 A. �. IW .f 4 7,1- / ,r dno rW / r 1 r .'T v'7 r: r•` r rsiD _r- 15. Did any of the above deficienc�ie�s,.sult in offsite damage? ❑ Yes ❑ No If yes, describe the type and severity of the damage: � 17. Other recommendations and comments: � f f. f rr / h r%5 .row - /-P rr��v Pry_ /K0 r %/sar C -//ri17 "Y// _7'�' % /-i^r] )ram ra ,/ ., 18. Is the Annual Reclamation Report +/-map accurate? 'X Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ,j Yes No = ire/n (e � ° Proposed date 20. No. of additional pages of Inspection Report 21. Copy of R�po sent to operator. INSPECTED B Telephone No: White copy to file Yellow copy to operator DATE /S (date) Pink copy to Mining Specialist 10197 b? NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, P.G., P.E. Land Quality Section Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary March 27, 2003 CERTIFIED MAIL RETURN_ RECEIPT REQUESTED BOND CANCELLATION & FORFEITURE NOTICE Mr. Edward Earl Tharp Ms. Susan Stephenson, Esq. Mac Construction Company Selective Insurance Company of f America P.O. Box 777 40 Wantage Avenue Shallotte, North Carolina 28459 Branchville, New Jersey 07890 RE: Beaver Dam Mine Permit No. 10-25 Brunswick County Lumber River Basin Dear Mr. Tharp and Ms. Stephenson: This office has received notification of Selective Insurance Company of America's intent to cancel Mac Construction Company's $8,300.00 mine reclamation bond (Bond No. B717403). The effective date for cancellation of this bond is May 24, 2003. As a surety is required to maintain the validity of the mining permit, please arrange to substitute this bond. I am enclosing another surety form, an assignment of savings account form and an irrevocable standby letter of credit form, any of which may be used to replace the existing surety. Please be advised that this reclamation bond must remain in full force and effect until it is reinstated or replaced, or the site is completely reclaimed and deemed releasable by the Department. A review of our records indicates that the mining permit for the above referenced mine site is still active and, therefore, a valid mine reclamation bond is still required until all outstanding reclamation obligations have been met at the site. 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 a s CERTIFIED MAX • 0 Mr. Tharp and Ms. Stephenson Page 2 Please note that if the bond is not reinstated or replaced by 6gril 24, 2003, the mining permit will be automatically revoked (G.S. 74-50(c)). Thus, all mining activities must cease and the entire mine site must be completely reclaimed. Should any further mining activities occur at the site after this date, such activities will be considered mining without a permit and subject to further enforcement action, such as civil penalties and injunctive relief. If a substitute reclamation bond is not received by this office within this deadline, or if reclamation of the site has not commenced and is proceeding in a timely manner by this deadline, this matter will be referred to the Attorney General's Office for initiation of bond forfeiture proceedings under G.S. 74-56(d) to ensure proper reclamation of the mine site(s). In addition, failure to address the terms of this Notice may result in the assessment of civil penalties and/or injunctive relief against the permittee. Please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (91 9) 733-4574 as soon as possible to convey your intentions in this matter. Your cooperation will be greatly appreciated. Sincerely, Tracy E. vis, P.E., C.P.M. State Mining Specialist Land Quality Section TEDIjw cc: Mr. Dan Sams, P.E. Ms. Kathy Cooper, Attorney General's Office Ms. Marjorie Downey, Attorney General's Office [ ERTt1_FIED MALL R.E-CM( - { Dot nestic Mail Onry; No lnsrrrance Coverage ProvirledJ I CFIF�C�AL USE I ED Postage I S Certified Fee datum Receipt Foe i Required) (End lament t3 Restricted Oellvery Fee (Endorsament Required} O p Total Postees & Pass E Iq tti • A/%4/ Postmark Here r-q or PO Box N0. © �Ity SFets 1F'+7.. 0 r- i L sau.u.uuwr,muiuu+wwuL �+uwixwmr�nuwwtuu�E St&e of Nort=Carolina Department of Environment. ""ad Natura ources Division of Land Resource_ _C - Ay D ANNUAL;41REC I�AMAT I ON REPORT - FOR -2002 �Y. - North Carolina _General Statutes;'74-55 and the ,Mining Regulations "requ a ..that The mine operator• -shall, bj'February;4V of each year`rduiirig"}'theJife ofr hsa�p"ermitted'' operation, ands, within 30..days of, completion or termination of,`mining on an area.under'permit,`file with the Department "a mining reclamation report.;oii��. a��form%prescribed ~`�by.+ the Department." -; r ..�,;; • . -�. PLEASE PRINT OR TYPE Name of Mine:, Beaver Creek County': Brunswick - Mining Permit No. 10-25 Mining Permit Expiration Date. May $, 2012 1 River Basin Name. Lumber u r Name of Company/Owner on...Permit Document: Mac Construction Company - official Mailing Address: P.O. Box 777 City : ' _ Shallotte, NC ,_ `M -�x `= Zip Code: 28459 Telephone: 910) 754-7177 ',- Check if change of address or telephone: 4 .7. 1. ' If mine isnCow inactive, when didminingstop? Date; 2. 3. *4. Is this stoppage permanent? Yes No If yes, do you wish to have this mine site released from your reclamation bond? ' Yes No Was new land affected in 2002? Yes X No If yes, how much? acres Is map on file current? X Yes No If not, submit updated map showing affected acreage. Estimate land to be newly disturbed by mining in the 2003 calendar year: 1 acres Check here if no new acreage is to be affected in 2003: List by category the total amount of disturbed and unreclaimed land present -at this site at the end of the 2002 calendar year. (A) TAILINGS PONDS: acres (D) MINE EXCAVATION: r--s'? acres (B) *WASTE PILES: .5 acres (E) PLANT AREA:- acres (C) STOCKPILES: 1 acres TOTAL DISTURBED AREA @ SITE: acres *NOTE: WASTE PILES should include overburden storage/disposal areas and berms. rfERTIFtEI)MAIL RECEIPT mesiic Mai! ortry; Nv lnFtrrtutce Eoverst�e PravitledJ -1 1Ln Ln {� ( n ]� �u Postage S t= Certified Fee N � Postmark Return Receipt Fee ! Here (Endorsement Required) Reelrloted Dellvery Fee lEn[io•sernenl Raqu}rgdj O CD Totol Postage & Fees a rLn ,u I . `§t f1. t. No.; ,.... ----- -------------- or,10 Box No. Ca''..........................................................'""............... � L;it;; Srete, Z1Pa4 mm �% Q�LrIi}j -ice ,; �` '� •�,; �,.:,, ;�+�`= + �; , e iountx and' 't Fort ieclaamat4ionVtarried-*,out f'r 1. ti�.♦i'/-�!Nl..lwyi}: ^}r 1. y.��'��. _t�f'rS. •- -y Y��p'.�.iii�il'O�.P 1f.hct`Sl(- i��—�.wDlrs �y aiJ'4 �. +�'T' /� 4 W : ^•+y' `� af'�,R.. � ."\•i1.F� '� • �f lrJ��yra1 � (+•Yc.~ J a�{�-•. _ • „lf��•.a.C'd+.'v-b . .ii'i�,.. '^.'f.'- nt�"Sl�:i4ltr, �i'7• _�'�.a.�...-Jr'_:��w'Z��a�~:i`,i...l.,,,_.t��4r't7:t1� .^Y�'•.. �aA!_.,t.�._ '"'�'r mot„ _ tL��,r.--'"t'3f,Et�'�•_ .i . b: r, � •.Gr� wy"'{'"` �:"�+K'•"i':�ir 5�s' - , t:.. r kj�i �"t; � �r,M .. e :'`•'+G: ..`. �.�.+..+. �'...«a tis. 1»s"•..r ..A +.-.�. .:.. ♦.:"�i, til.+-l.i:..^,ra� h• r'.`�a+i`.i4:'YL'i'.iv,i�: L..�iyi rY ; 4 ".r , , •{ y'r�rf.'� e'Ir'4�''`�"'FJ�',•�..ia." e:a.'7�-SaL3::. ram' �x4 . �: ,l_7�L •� �7'f ••x:��- F- •1.� .. s rtiil� :tom 3�, k_+ ,`.+ �16'����T,.:�R�'.1=.�•..Jl '.:--1� � - .r-q _ r - t 4:'.7`, r � ti .i� ' - - � rA.. 4 .d. 'r , ,s 7 .r � � ��-r'nn� - .1!�'� .��t�. - i � ra .•y{si.: ,y. - .,,t t .• .r , .r+i � : k�iL'tl�' iT���.t•t" •'_,� 4 # Z,,� � 1ti•i h�i;a `f�irr?t��h'. �,n - S . , ='.. f 11 , v� M�R. ^3A1dC 7. ?. l • a. Y v J.Si .+�- .r-�y�5+. Z41'13' �jt��"S: e'1 :"•ti Check here if no recla tion c m leted 1n .2002': X 'Signature of Company Office ne TT Print -Name: - Edward Earl Tharp r _ Title. Vice President/Ger1eral. • Manager :-:•Date: 1-9-03 ,:�, °irt',.,• *Complete and return by, February l'; two. copies'' o f this -form along with two copies` "ofan` updated''mirieP maps=('see note 'below} ' fo' r each,'permittdd, mining operation to:'t Land Quality"'Section*` DENR . R• 1612 Mail -Service Center Raleigh, NC 27699--1612 FAILURE TO FILE THIS FORM BY THE DATE SPECIFIED MAY RESULT IN THE ASSESSMENT, OF CIVIL PENALTIES AND COULD RESULT IN THE REVOCATION OF YOUR MINING PERNUT. SHOULD YOU HAVE ANY QUESTIONS, PLEASE CALL (919) 733-4574. NOTE: If your operation was idle in 2002, or no new acreage was affected, by mining, and no areas were reclaimed in 2002, you do not have to' send an updated mine map. Also, if you have completed a permit - action since January 1, 2002 (which involved updating your mine, map), you do not have to send an updated mine map. However, the blue - report form must be completed for all mines under permit. ®= 2,100 copies of this public document were printed at a cost of $143.42 or $.07 per copy. 12/2002 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES — LAND QUALITY SECTION 0 e wir r North Carolina Department of Environment and Natural Resources Division of Land Resources - Land Quality Section dining Program 1612 Mail Service Center, Raleigh, North Carolina 27699 (919) 733-4574 Fax: (919) 715-8801 FAX COVER SHEET To: From: !1 G o� Ue,�ij f.✓ RE: OC 04,' w 6 19 C.t. CONUVIENTS: I NOT COUNTING COVER SHEET. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT (919) 733-4574. 0ANSMISSION VERIFICATION REPORT • DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 03/26 14:30 89103502018 Ala: 00: 4d P3 2 OK STANDARD ECM TIt=tE 03/26/2003 14:30 NAME GARDNER FAX : 9197158801 TEL 9197333833 o. 1 :'7 Date: March 20, 2003 NC Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 L Selective Insurance Company of America 40 Wantage Avenue Branchville, New Jersey 07890 973-948-3000 +I j NOTICE OF CANCELLATION I ® Certified Mail Article 4 7002 24I0 0000 3360 4798 In accordance with bond or policy condition, we hereby give you 60 days notice that we are cancelling said bond or policy. Please take notice that said bond or policy will terminate and cease to be in force at 12:01 A.M. of the date listed below. Re: � - Strip Mining (Bond Number and Kind of Bond) Bond Amount: $8,300 Effective date of termination: May 22, 2003 Principal or Employee: Mac Construction Company Address: PO Box 338, Shallotte, NC 28459 Agent: Winn Insurance Agency #00-7111 ❑ Please acknowledge whether cancellation is/is not acceptable to you in enclosed Business Reply Envelope. ® No Response Necessary Selective Insurance Company of America By: �\ I J\ a, lw6t,2 6N.--, Attorney -in -Fact Susan Stephenson B-15 (1 /90) Ll Original Copy 11 Principal's Copy ❑ Agent's Copy 0 Underwriting Copy Selective Insurance Com an of AmericaSdWe Company v 40 Wan�tagge Avenue ,eY Branchville, New a 07890 J N;.;:y 973-948-3000 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Selective Insurance Company of America, a New Jersey cor- ` potation having its principal office in Branchville, State of New Jersey, pursuant to Article VII, Section 13 of the By- i` Laws of said Company, to wit: "The Chairman of the Board, President, any Vice Presidents or the Secretary may, from time to time, appoint attor- neys in fact, and agents to act for and on behalf of the Company and they may give such appointee such authority, as his/her certificate of authority may prescribe, to sign with the Company's name and seal with the Company's seal, bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance or conditional undertaking, and any of said Officers may, at any time, remove any such appointee and revoke the power and authority given him/her. does hereby make, constitute and appoint SUSAN STEPHENSON its true and lawful Attorney -in -fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, undertakings, recognirances, contracts of indemnity, or other writings obligatory in the nature of a bond sub- ject to the following limitations: NO LEWTATIONS and to bind the Selective Insurance Company of America thereby as fully and to the same extent as if such instruments `+ were signed by the duly authorized officers of the Selective Insurance Company of America, and all the acts of said Attorney are hereby ratified and confirmed. IN WITNESS WHEREOF, the Selective Insurance Company of America has caused these presents to be signed t'q', by its Executive Vice President and its corporate seal to the hereto affixed this a day of .� O FEBRUARY 2000 EC 4 Selective Insurance Corgi w BY. State of New Jersey jami iltre Executive tee ent � t «` UCounty of Susses 2 1926 =e 4TH FEBRUARY 2000 On this day of before the subscri No fi a o ew Jersey in and for the County of Sussex duly commissioned and qualified, cyttu Jamie Oehiltret,111 of the Selective Insurance pan me nally knownb to be the offrocr described herein, and who executed the preceding nutrimem and he acknowledged the execution o ume,pd bei me duly sworn, deposed and said that he is an officer of said Company aforesaid: that the sal affixed to the preceding instrument is the co d Company, and tht said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the Company; that Article VII, Section 13 of the Hy-IAws of caid Company is now in forte.' IN WrINESS WHEREOF, I have hereunto set m hand and affixed m official seal at Branchville, New this �' Cf1�pB Y r 1r�Y `�� !� 4TH day of FEBRUARY 2• .�iTH E. CHAMBERiJUN � "`(I NOTARY PUBLIC OF NEW JERSEY Pt,b �TARY f`JhRUlfsSlG� Pki� 5 pC�. 17 200� PUBLIC The power of attorney is signed and bycstmi a under an by the authority o e�11 owing R ut' adoppted tt:� by the Board of Directors of Selective Insurance Company of America at a meeting d an d the U of ° February 1987, to wit: FJw JARSt,ri. "RESOLVED, the Board of Directors of Selective Insurance Company of America authorizes an approves the use of a a Facsimile corporate seal, facsimile signatures of corporate officers and notarial acknowledgements thereof on powers s of attorney for the execution of bonds, recognizances, contracts of indemnity and other writings obligatory In the,, nature of a bond, recognizance or conditional undertaking....... wy,,= I, Patricia A- Fulkrod, Assistant Secretary of the Selective Insurance Company of America, 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 ri fect. l) f 20th +Yw x I oWI I7fESS WHET 31'. 1. ave hereunto set rrly� and affixed the seal of said Company atH New Jersey this day f rcn Assistant Secretary " B-91 (1 /00) : The RED border cn the lace at this document has a security VOID background pattern- 0 it is not RED and the word VOID is visible, thin is not a certified copy, Te+ephone us at Area Code 973-94&3000. 7 ` Al y 1 HCDENR North Carolina Department of Environment and Division of Land Resources Land Quality Section Charles H. Gardner, P.G., P.E. Director and State Geologist May 8, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Edward Earl Tharp Mac Construction Company P.O. Box 777 Shailotte, North Carolina 28459 RE: Permit No. 10-25 Beaver Dam Mine Brunswick County Lumber River Basin Dear Mr. Tharp: Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary Your application for renewal of the above referenced mining permit has been approved. A copy of the renewed permit is enclosed. The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request and as required to insure compliance with The Mining Act of 1971. The new expiration date is May 8, 2012. As a reminder, your.permitted acreage at this site is 10.13 acres and the amount of land you are approved to disturb is 10.0 acres. As this office has received the required $8,300.00 surety bond sufficient to cover this site, I am returning the $2,500.00 surety bond previously held by this office for this site to you for your disposal. hV 1 Mail Service Center Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX:'919-733-2876 1 612 Ma g , �i i��ri !�Inr!;1 i��i r.!r '77rni�. • fora, Page 2 Please review the renewed permit and advise this office at (919) 733-4574 should you have any questions concerning this matter. Sin ely, Tracy avis, P.E., C.P.M. State Mining Specialist Land Quality Section TED/tw Enclosures CC'. Mr. Dan Sams, P.E. Ms. Diane Renzi-WRC, wlenclosures Mr. Bradley Bennett-DWQ, wfenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic M3iI Only; No ttrstirmcc Coverage Provided) O F F PC � M— U S E o- Postage $ 4] C3 rL Certified Fee Postmark Return RecaIpt Fee Here (Enflorsement Required) O clad Delivery Fee C) (k,,..,,rsement Required) O Total Postage A Fees m r�l Ln Sent io riJ St+eai, Apt. Na.; or PO Box No. ---------------------. ........... ._ ..... CIP .............'---...__...__ City State, ZtP.; — t3 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: Mac Construction Company Beaver Dam Mine Brunswick County - Permit No, 1 D-25 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 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. 1!0 ffal H 91119 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 May 8, 2012. 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 CONDITIQNS: 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. • Page 3 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 approved silt basin. C. Mining activities shall be conducted as indicated on the mine map received by the Land Quality Section on March 15, 2002. 5. All mining permit boundaries (10.13 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 50 foot undisturbed) 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. 0 Page 4 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. 7449 (14) of the N.C. Mining Act of 1971): 1) on -site generated land clearing debris 2) conveyor belts 3) wire cables 4) v-belts 5) steel reinforced air hoses 6) drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. 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 $8,300.00 surety bond is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage_ 14_ A_ Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, 'The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. i 0 Page 5 alEXR-612WOON � . 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: 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_ RECIAM6TION 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. 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. 3. 4. D. No contaminants disposal of waste through D. Page 6 shall be permanently disposed of at the mine site. On -site shall be in accordance with Operating Condition Nos. 10.A. E. The affected land shall be graded to prevent the collection of noxious or foul water, Revegetation Plan: 0 After site preparation, all disturbed land areas shall be revegetated as per the following: permanent Seeding Specifications Qates Species . ate,_ Lbst cre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October 25 Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 oil Amendments 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. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. WgREWIRUMUM 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 October 21, 1991, is hereby renewed this 8th day of May, 2002 pursuant to G.S. 74-52, By: Charles H. G dner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources 4� 1r IW 4 tOat *CAP o+p WOWTAL CUWRT N Of3•-25'-3t- W 4koks f2J. 71 Co, _ h'T 1 • - r� as•-oe'-v�` E ... 1, J ay01 ate, t C ! w.r AM aai Aw vvew 9 ago-or-32' E cow- a& V. a r' ` / 281.74' N 19'-20'-fs` w 1V. 7 AC 177T. • r T of troy+ - ", . 10.13 A E 1 �1 S 44'-43'-38' N 38'-56'-12" E � W vt10, �' n� i �V • 7 5 521-17'-56- W N 71•-13'-10" E g �0 �j d f �P - _ 34'-37'-43' W `S 7 9.51' N 1,'-35'-5 1 " t` � � 3 1T'-04 -01 W 75.26' Ar, �n(j5• ;��� � s BT'-26•-a4' w Gf 154.51* r Y�11 . �•- S� 5 654 --56" w N 09'-54'-36- W , -�� 4 •4' �, 71.16' A7 f- 9 .22' 48'0 ff-46'=09- VY 6'� QA-- l V ` 99' rif� i .66' ►A 5O'-30'-il- w N 34'-58'-57- E Ntaa `earl>rro ' 214 4.95' 613.98' i-AL:L4 2401.66' II00M WArtR C zA°«D 0 UND 9. + MAD 27 COORDINATES r , .. /• N . 104,e4a.9s4r f � +�6, J• . -. � • .I �ti� e • r�:s.slsRlsr N 621-231-56" W `,. � 3 44'-43'-36' W �y N 73--24'-19' W • • E 65'-41'-44- w Ii / 153.77' !1 IIAD r7 COOM"ATES 11 . 1a.09t.alta' E rRrr.sae.rasa' fY1F MYPTIE GALLOWAY KFMY 2r0 - 670 (3 j a NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Charles H. Gardner, P.G., P.E. Director and State Geologist April 17,.2002 Certified Mail Return Receipt Requested Mr. Edward Earl Tharp Mac Construction Company P.O. Box 777 Shallote, North Carolina 28459 Re: Beaver Dam Pit Mining Permit No. 10-25 Brunswick County Lumber River Basin Dear Mr. Tharp: Michael F. Easley, Govemor William G. Ross Jr., Secretary The review has been completed on the additional information submitted for your renewal request for the above referenced mine site. However, the following is needed to continue processing your application: The reclamation bond was calculated for this site using the information submitted on the information submitted March 15, 2002. The reclamation bond for this site has been calculated to be $8,300.00. The calculation worksheet is enclosed for your review and the bond or balance ($5,800.00) will be required prior to approval of this renewal. 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., Mac Construction Company. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. Please be advised that the renewal request cannot be completed until the new bond amount has been received. 1612 Mail Service Center, Raleigh, forth Carolina 27699-1612 • 919-733-45741 FAX: 919-733-2876 A Carp-.i Or:orlmni": 1 ,u'rTAtivf' .^ti^,q C.n�l,��� . . r;� 1 10% P^c• r.,-q... , 0 • CERTIFIED MAIL Mr. Tharp Page Two As required by G.S. 74-51 (h), you are hereby advised that you have 60 days from the date of your receipt of this letter to submit the reclamation bond. 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. In order to complete the processing of your renewal request, please forward the bond 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, N. C.'27699-1612 Please contact me at (919) 733-4574 if you have any questions. Sincerely, Quag"d, kL&"' Judith A. Wehner. Assistant State Mining Specialist Land Quality Section Enclosures cc: Mr. Dan Sams, P.E. in • APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND �-�C�L'-�= L. •ram 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 permirted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Pla_sp,_ insert the agprosimate acreage, AFFECTED CATEGORY ACREAGE Tailings/Sediment Ponds: 5Z2 — Ac. Stockpiles: Ac. Wastepiles: Ac. Processing Area/Haul Roads: Ac. Mine Excavation: Ac. Other: Ac. TOTAL AFFECTED AC.: —ICL Ac. ( TOTAL PERMITTED AC.: , /O,I.3 Ac.) RECLAMATION RECLAMATION COST/ACRE* COST X $ /Ac. = $ ;2 Q cG X $ /Ac. = $ X $ /Ac. = $ X $ !J'. /Ac. = $ Uo X $r - /Ac. = $ av X $ /Ac. = $ Tempo rah, &r PprmanPnt Sedimentation & Erosion Control MeaSUres- Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposedlexisting 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 b) Positive Drainage LL Ac. ----4=— Ac. X $1,500.00 SUBTOTAL COST: _$ $ r?950__ L1J 0,02 X SUBTOTAL COST:. $__X Pen -nit Life (1 to 10 years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 5 3q d UD Total Reclamation Bond Cost: $ 30C)`-1' (round down to the nearest $100.00) -14- �� i �wr� �: ; � • APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND lb a� 7befollowing, 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, fa AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST cm Tailings/Sediment Ponds: Ac. X $ _ /Ac. = 06 Stockpiles: _. Ac. X $ �Q�xoi /Ac. = $'�� Wastepiles: Ac. X $ /Ac. = $ Processing Area/Haul Roads: ^� Ac. X $ U� /Ac. = $ v Mine Excavation: Ac. X $ /Ac. = $ Other: Ac. X $ /Ac, = $ TOTAL AFFECTED AC.: -ZQ_ Ac. ( TOTAL PERMITTED AC.: 1013 Ac.) TempoT*arX & Punt Sedimentation & Erosign Control Mea, urea: 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) Intemal Drainage 10 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): �d INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ q3q606 Total Reclamation Bond Cost: (round down to the nearest $100.00) -14- - G`o- 10- 13 1 i MINING GHEGKLI5T FOR KOUTING Applicant's Name: Project Name: _-_ (J A' Oft, 04� Applic./Permit No.: County: Date Received: L-Dp. Reviewer River Basin Name: D L1 New ',�?<enewal a Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑Release ❑ Partial Release additional Information ❑ Fee Needed: $ ❑ Fee Received: $ " f /i Regional Office (2 complete copies: attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach �h the DWQ and DAQ "Miring Application Review Form" to the other copy; send both copies to the Regional Engineer) Date: Route- -- Rec'd ❑ Division of Water Resources Date: Routed ec'd ❑ NC Wildlife Resources Commiooion Date: Routed Rec,d ❑ U5 Fish & Wildlife Service Date: Routed Reed (Only new applications and modification rco�ue5t5 that add land to the permit) r PM5iom of Farko ► Recreation Dr ri / r / ❑ NC Geological Survey Section Date: Routed Rec'd _ (Only new applications and modification reclueet5 that add land to the permit) 7 Division of Archives & History Date: Routed Rec'd _ (Only new applications) G Other: Date: Routed Rec'd "Suopen5e Date for Commento: / r (no later than 25 days from receipt) ZPiea5e note the following: MAC CONSTRUCTIA COMPANY P.O. BOX 338 SHALLOTTE, N.C. 28459 TO Land Quality Seaction Division of Land;Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612- T GENTLEMEN: WE ARE SENDING YOU ❑ Attached ❑ Shop drawings ❑ Prints ❑ Copy of letter ❑ Change order /° LETTER F TRANSWTTAL DATE 3 -1 3 - 0 2 JOB NO. ATTEN'nON Judith A. Wehner RE: Beaver Dam Pit Mining Permit,, - No. 10-25 Brunswick Count Lumber as Rif MAR ❑ Under separate cover via ❑ Plans ❑ Samples n the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 1 3-13-02 Revised .com letion of entire 10.13 acre line. _ErQpgXty THESE ARE TRANSMITTED as checked below: For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit _____ copies for distribution ©requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: APPLICATION FOR A MINING PERMIT I MAR 15 zooz A table/chart must be provided on the mine map that clearly lists the ap a - 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 fallowing will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds —fop Stockpiles Wastepiles Processing Area/Haul Roads G Mine Excavation e. Other AV4 4 A GRrr 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 FQRM}. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT- ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- WDEN North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Charles H. Gardner, P.G., P.F. January 31, 2002 Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., )eerelary MEMORANDUM T4: Mr. Bennett Wynne Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Susan B. Edwards L' Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for Mac Construction Company Beaver Dam Mine - Permit No. 10-25 Brunswick County Please find attached for your review a copy of the mining permit renewal requcsi Ior illc above referenced project. Please review this information and advise as to the probability of this operation Laving unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by February 23, 2002 so that we may complete our review of this request within olll' statlatary 0111:c limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erasion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedinlenlation. However, any comments your agency can provide regarding effects on wildlife and (reshwater fisheries would be greatly appreciated. ll' your staff wislies to perform a site Inspectloii, 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 REV)FW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these type requests is greatly appreciatcci. Please contact Mr. Chris Hite at (919) 733-4574 if you have any questions. I S B E ad I>;,,� A.()�,�' �"�,.si�3-�. ; -5 c� �'�]` /► � !�i� � Atlachnrcnls cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 / FIX: 9119-733-2876 512 North Salisbury Street, Raleigh, North Carolina. 27604 An Equal Opportunity ti Atrinmalive Action Employer - 50% Recycled % 10% Post ConRlrne, Paper Log In #: DPR/RRS Mining Permit Application Review 8 Z00 RRS Contact: 6�0�� Name of project: 13e(Walayi AAaap. County: Pro osed activity is /is not within 5 miles of a ublic ark or re p typ p creation area. If yes, identify the park: 1.-DCK-W0u-aS rot't-y '-P1-C'WKT PJ 9 4 Manager/agency name: e2u ,f5 W eC a7. GCS a (contact name): CF,v2G 6 P6'�d- c�,o (phone; fax): 3—,67v (email): P4,zk5 co.Y12-14 Review conducted by: Date: PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS. YOU CAN ALSO EMAIL YOUR COMMENTS TO: Susan.EdwardsfiDnemail.net and Nancy.AdamsanemaiLnet THANKS! Return form and materials to: Nancy Adams DENR/Division of Parks & Recreation 1615 MSC Raleigh, NC 27699-1615 (Please Print on Yellow Paper) RCDENR North Carolina Department of Environment and Natural Resources Division of land Resources Land Quality Section Charles H. Gardner, P.G., P.E. Director and State Geologist January 31, 2002 TO: Mr. Phillip McKnelly, Director Division of Parks d Recreation Ku FROM: Susan B. Edwards, ining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for Mac Construction Company Beaver Dam Mine - Permit No. 10-25 Brunswick County Michael F. Easley, Governor William G. Ross Jr., Secretary Please find attached for your review a copy of the first three pages of the mining permit renewal request and a location map for the above referenced project. Please review this information and advise as to the probability of this operation having a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area (G.S. 74-51 (5)), Please respond by February 23, 2002 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 THIS OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Mr. Chris Hite at (919) 733-4574 if you have any questions. /SBE Attachments cc: Mr. Dan Sams 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 An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper North Carolina Charles H. Gardner, P.G., P.E. Director and State Geologist ffilim--• U1 �" • �-• s• Mr. Edward Earl Tharp Mac construction Company P.O. Box 777 Shallote, North Carolina 28459 RE: Beaver Dam Pit Mining Permit No. 10-25 Brunswick County Lumber Basin Dear Mr. Tharp; R"c"b" iENR Department of Environment and Natural Resources Division of Land Resources Land Quality Section March 4, 2002 Michael F. Easley, Govemor William G. Ross Jr., Secretary We have reviewed the renewal application you submitted for the above referenced mine site. However, the following information is needed to continue processing your application: The mine map submitted doesn't show the entire 10.13 acre property line that the earlier map shows. Please include the entire 10.13 acre tract on the mine map. 2. Please complete the attached acreage chart so that the bond can be recalculated under the new bond rules. The mine map you submitted shows a roadway, stockpile area, a silt basin and 6 acres of mine excavation plus 2 acres of future mine area. All of these areas must be included in the affected area and we must have acreage for these categories. 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 renewal 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, N. C. 27699-1612 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 ! Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper 0 • 1 Certified Mail Mr, Tharp Page Two As required by 15A NCAC 513,0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline 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, �VW Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosure cc: Mr. Dan Sams, P.E. AS A MCDERR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor February 23, 2002 MEMORANDUM TO: Ms. Susan B. Edwards Mining Program Secretary Land Quality Section FROM: Blake Rouse Water Allocation Division of Water Resources SUBJECT: Mining Permit Renewal Request for: Mac Construction Company Beaver Dam Mine - Permit No. 10-25 Brunswick County William G. Ross Jr., Secretary Pii I FEB 2 8 2002 1- OEWR LAND QUALITY SECTION Please find attached a copy of the mining permit renewal request for the above referenced project. The Beaver Dam Mine 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 dewatering of the surficial aquifer at the Beaver Dam Mine. 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 Capacity Use Area #1 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, Hyde, Pamlico, Tyrrell, or Washington 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. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 'hone; 919-733-49841 FAX: 919-715-3060 I Internet: www.enr.state.nc.uslENR An Equal opportunity 1 Affirmative Action Employer -- 5T/o Recycled 1 i No Post Consumer Paper --�—�— `JAN 3 x 2002 NCDENR North Carolina Department of Environment and Natural Reso MSION OF Division of !_and Resources R RBCURCES Land Quality Section Charles H. Gardner, P.G., P.E. Michael F. Easley, Governor Director and State Geologist January 31, 2002 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Susan B. Edwards 9Y" Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for Mac Construction Company Beaver Dam Mine - Permit No. 10-25 Brunswick County 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 an unduly adverse effect on potable groundwater supplies (G.S. 74-51 (2)) or groundwater quality (G.S. 74-51(3)). Please respond by FebruaLry 23 2002 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 Mr. Chris Hite at (919) 733-4574 if you have any questions. /SB E 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 An Equal opponunity 1 Afirmative Action Employer - 50% Recycled 110% Post Consumer Paper MINING CHECKLI5T FOR ROUTING i> Applicant's Name: ac o�tT �i�rr,b �,r R� Project Name; vP� �,� �n� ' Applic./Permit No.: A9-X County: z Date Received: G i Reviewer: � j River 6a5in Name: „� �,��/` • ❑ New Wenewal ❑ Modification (inside permit boundarieo) 7 ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Releaoe �� Additional Information ❑ Fee Needed: $ " •/ c� RCOional Office (2 compictc copies; attach the "LQS Kegional Office Mining Application Review Checklist" to one copy and attach i� the DWQ and DAQ "Mining Application Review Form" to the other copy; Send both copies to the Regional Engineer) Date: Routed/ .3 2Rec'd L;?Vivision of Water Resources Date: Routed Rec'd "C Wildlife Resources Commission Date: Routed Rec'd ❑ US Fish & Wildlife Service Date: Routed Rec'd _ (Only new applications and modification rejue5t5 that add land to the permit) [7ivi5ion of Parks & Recreation Date: Routed% - Rec'd ❑ NC Geological Survey Section Date: Routed ec'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 ReG'd "5uoperl5e Pate for CDmin`lerit5: 3 (no later than 25 days from receipt) L-4Pleaoc note the following: ; t` �)� ::J-�k�!}i Mif•.a�i.Y�::Js'1t:�.1': .4.a��31JT^y4a T%'Li�.�'�LSZ u.. - �i #�S-�":�fi'i.'-Z1,•u..' A,3�YL.�i•.-..':.i�.`.`.�:iiiif�i�$�i:�?�Y.i�i ���.�;�V`�.t{�. Sw�1.•i.,: `t.C'h:•ai�iwry _._ 4.TM:�, rRrBJ'.:�ArK47N��i/�k ��.�'TiY .s.1.\'.lii•,15di^{'.4��'Y. �15SM1 :-',�;_�•2 '.M}�1 078° ITOW Wi I Aft 1078' 16' 0.00" Wi 078. 15 ❑ T w " .. — z�� V71 z Q ca — ✓\� } V rf i f r- ♦ a -1 O �N " GAUPING MINE #1 II i z p o Gfil 0 _ = May Ce ��.• q 1 i t � • r \J_ Q 1 W O .� i 1 M _ �; ° Lam• � f'' t - ` 1 O em %7 a w � 4 1 1078° 17 0.00" Wi 1 i I 1078° 16 0.00" w` ! I I 1078° 15' 0.0(r wl I I Name: SUPPLY Location: 034' 01' 54.4" N 078' 15' 55,4" W Date: 1 /301102 Scale: 1 inch equals 2000 feet CoPYhBht 1C) 1997. Maplech, Inc. NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Charles N. Gardner, P.G., P.E. January 31, 2002 Michael F. Easley, Govemor Director and State Geologist William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Bennett Wynne Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Susan B. Edwards St/ Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal bequest for Mac Construction Company Beaver Dam Mine - Permit No. 10-25 Brunswick County 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 fisheries (G.S. 74-51 (2)). Please respond by February 23, 2002 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. Chris Hite at (919) 733-4574 if you have any questions. /SBE Attachments cc: Mr. Dan Sams 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 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1109/6 Post Consumer Paper AV-A NCDENR North Carolina Department of Environment and Natural Resources Division of land Resources Land Quality Section Charles H. Gardner, P.G., P.E. Michael F. Easley, Governor Director and State Geologist January 31, 2002 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Susan B. Edwards Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for Mac Construction Company Beaver Dam Mine - Permit No. 10-25 Brunswick County 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 an unduly adverse effect on potable groundwater supplies (G.S. 74-51 (2)) or groundwater quality (G.S. 74-51(3)). Please respond by February 23, 2002 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 Mr. Chris Hite at (919) 733-4574 if you have any questions. Attachments cc: Mr. Dan Sams 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 An Equal Opportunity t Affirmative Action Employer — 50% Recycled ti 10% Post Consumer Paper AWA NCDENK North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Chades H. Gardner, P.G., RE Director and State Geologist i1T0:lu[eM1 1 O 7i I January 31, 2002 TO: Mr. Phillip McKnelly, Director Division of Parks arpd Recreation FROM: Susan B. Edwards, ining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for Mac Construction Company Beaver Dam Mine - Permit No. 10-25 Brunswick County Michael F. Easley, Govemor William G. Ross Jr., Secretary Please find attached for your review a copy of the first three pages pf the mining permit renewal request and a location map for the above referenced project. Please review this information and advise as to the probability of this operation having a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area (G.S. 74-51 (5)). Please respond by February 23, 2002 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 THIS OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Mr. Chris Hite at (919) 733-4574 if you have any questions. /SBE -� 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 An Equal Opportunity 1 Affirmative Action Employer - 50% Recyded 1 10% Post Consumer Paper DATE INVOICE NO. 1-22-02 012202 P.O. BOX rn MAC CONSTRUCTION COMPANY DESCRIPTION Mining Permit Seave SH_ALLOTTE, NORTH CCAR�OLINA 2US9 1 5 INVOICE AMOUNT T DEDUCTION f BALANCE 100.00 1 .00 1 100.00 LE>1—L6—U6 I UER 1.7VJ0 I TOTALS DATE M ) �••v...v r ..,v �.,...... .- ' MAC CONSTRUCTION COMPANY BRANCH BANKING p d TRUST COMPANY 5HALLOTTE, NC 28A59 15658 P.O. BOX 777 ss-„ zrss, SHALLOTTE, NORTH CAROLINA 28459 PHONE (910) 754-7177 Pay:'******************************************One hundred dollars and no cents DATE CHECK NO. AMOUNT January 22, 2002 15658 $********100.00 PAY NC DENR TO - - Center . CTION COMPANY ORDER ' Raleigh, il OF NC 27699-1612 r .-• L l: THIS DOCUMENT CONTAINS HEAT SENSITIVE INK. TOUCH OR PRESS HERE • RED IMAGE DISAPPEARS WITH HEAT, d MAPOONSTRUCUON COMPANY* PO Box 777 Shaliotte, NC 28459 910-754-7177, 910-754-7179 Fax Teresa McLamN President Earl Tharp, V1c*4:1m1derWGen.kAgr. NC DENR 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Mining Permit Renewal Permit #10-25 , Beaver Darn To Whom It May Concern: 1-2 t-02 ,JAN 2 9 2002 t3Y: Mac Construction Company is requesting the renewal of mining permit # 10-25. We will be continuing to mine sand from this permitted area, and there will be no additional land affected within the mine, other than what has been previously permitted. There is no need for additional sedimentation or erosion control other than what is already required. We expect this mining operation to continue for the next ten years, or until permitted land is used. Mac Construction Company will proceed to operate within all permitted criteria under G.S. 74-51 _ If you have any further questions, please feel free to contact us at the above number. Thank You, Earl Tharp Vice President/General Mgr. NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section M O R T M O A R O L 1 N A M R O D R A M 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 733-4574 Revised 10/2000 M • NOTE: It is recommended that you contact the appropriate Regional Office (see Regional Office listing in the back of this booklet) or the Raleigh Central Office for a PRE -APPLICATION MEETING MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS Application received by Land Quality Section/ State Mining Specialist Applicant issues Public Notice Application assigned to Assistant State Mining Specialist Assistant State Mining Specialist(Program Secretary routes application for review and comment - U.S. Fish & Wildlife Service - N. C. Geological Survey - Wildlife Resources Commission - Division of Water Resources - Division of Archives & History - Division of Parks & Recreation - Others as appropriate * All application review comments forwarded to Assistant State Mining Specialist Is application complete? If "YES", Assistant State Mining Specialist drafts the proposed permit action I - Land Quality Section Regional Office ` Division of Air Quality - Division of Water Quality :.Review Public Comments; Public Hearing Possible If "NO", Assistant State Mining Specialist drafts a letter requesting additional information from applicant Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Land Quality Section Regional Office (go to*) `pplication & proposed permit aci reviewed by State Mining Special Is application & proposed permit action complete/acceptable?? If "Yes", the following permit actions are issued by the State Mining Specialist: - Draft Permits - Permit Transfers/Name Changes - Bond Substitutions - Permit Releases END OF PROCESS If "YES", application & proposed permit action forwarded to and reviewed by Division Director Is application & proposed permit action complete/acceptable?? If "YES", the proposed permit action is issued by the Division Director END OF PROCESS If "No", application & proposed permit action returned to Assistant State Mining Specialist for revision (go to * ) For other permit actions, if "Yes", application & proposed permit action forwarded to and reviewed by Land Quality Section Chief Is application & proposed permit action complete/ acceptable?? If "NO", application & proposed permit action returned to State Mining Specialist/ Assistant State Mining Specialist for revision (go to *) If "NO", application & proposed permit action returned to Section ChieVState Mining Specialist for revision (go to *) • 9 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) Name of Mine 15--a V e, r La ran County - 'br un Swi c-k' River Basin L-umber _ Latitude(dd.mm.ss) Longitude (dd.mm.ss) 2. Name of Applicant*. 3. Permanent address for receipt of official mail** _ - 'S1nallott Telephone Cgi0) 4. Mine Office Address (Vohe. -_ - - Telephone N nne _ 5. Mine Manager r We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature ��-�— G�� Date �- Print Name EQ wo xd Enr,_i Tkar p -- -- Title Vice _ Pr-e c'i d r o l Gsznr—ro:.l 1kAaC Q QE * This will be the name that the mining permit will be issued to and the namr. lbgt must be indicated on 1he reclamation bond. ecs uriW 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 50 days of receipt of a application or, if a public hearing is held, within 30 days following the hearing and the filing of any supp emental 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. 0 0 APPLICATION FOR A MINING PERMIT ■ NOTF, All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses mmt be clearly conveyed on a -corresponding, f detailed mine map. JAN 1 6 2002 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.: MD-25 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): l D. 13 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.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes— No— If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes` No_. If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (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: ■ 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: 1_%D► • 3. Mining method: Hydraulic Dred.*e Front-end Loader & Truck Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain) -2- P is APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) I Q Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, + etc.) b. Expected average depth of mine (feet) 5. Has any area(s) at this site been mined in the past? Yeses No 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 1. Clearly mark and label the location of your mining operation on six (Q _cow of a 7.5 minute quadrangle and a county highway map. These maps, in addition to six (Qcou 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 -3- i s 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, al �mioimwn: 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. 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 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 adjoinin 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 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised S. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCAL 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 inch = 200 feet (NOTE: Smaller'scaled maps may be acceptable if they clearly illustrate the above items) -4- • 1-1 L APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and -any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles Wastepiles Processing Area/Haul Roads Mine Excavation y , q (acres 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- 0 9 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. C �CmOr10.j O-- borrDVV �ir- p p�e,�- t�-�i ►Q n -� a 6e.- Co rri� i - Z stye_ ake Q. Yam►-lnova1 �- 0.v0L1bout i� btuyrovA) - a -L-k 1 s c u-e o- , v e g c� ca-1;� ve.. Cove_ K -�-o bet _p+-p v i c c d sn ecUGCIC-1 voli11 6c use`-d )rc�.l.Ak0V{ tip LoVrOw Crea 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, accesslmine 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 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. s, -�e— 6rCLIr5 3. a. Will the operation involve washi g 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-_)�,_. 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). -6- 0 • APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes— No4. If yes, do you intend to dewater the excavation(s)? Yes_._. No . If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day:. Locate all existing wells on the mine 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. 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 to 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--)C--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? V 4.�e_lr u Gk--, -7- U • 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). 5 D Fc c-- b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). 5D Fcc A-- 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. Side- S 1ope-s graded 3 A--o � 0-n-J f'>V-aPear Ye9cA- ve, craven on 5lapcs. -8- • u A, APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine maps) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches 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). S1 o p e 5 9 r0.d ai 3 -L-o I d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross - sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. nQney 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. UC7U -i GG-� QVW0.0 40Y'n o Y Skcy u c ki.)-re s 1' er rma-nex +_ 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). QCCeSS rooud � od. exi WZ CA I h �kL APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes No_L_ How will acid water pollution from the excavation, stockpiles and waste areas be controlled? r 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(s) and provide cross - sections through all proposed berms or proposed spacings, sizes and species for tree plantings. None_ 1>errrn, Year. -�--akive. C ove.r or 1 zone z5� ec5 W ,passe b le- . 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 structure(s) to the proposed excavations) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes— No' _k If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the locations) of all storage facilities on the mine map(s). -10- • APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, .design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the locations) of all permanent channels must be indicated on the reclamation map. .eve ! and CSraSS apprakima�el\,( 2- 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes No__L. If yes, illustrate the location of the body(s) of water on the reclamation ma 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 pfoductive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes No. If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. NOhC- -1i- 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 reclamation map. Al ex C-cSS oVC_r6,_Lrdex-1 Dr 0Y, W)I C. ►^)a-�ex;OL}S 11V i 1 l 6e- grrid d i nA-_v s 1 opens a.1)6 Ve roc �a- ; Ve- CbVe,r Pr \f idC_6. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. Any s-6cxpile-s W10 `ine ryr,ovcd 300-C-t-. �-rorr, rcad vva.y s . Ail 0-yeas -Lo b.c crossed U-F-1zer m',n 2� C�ornPIe- Led b. Will any on -site roadways be left as part of the reclamation? Yes No__L. If yes, identify such roadways on the reclamation map and provide details on permanent 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 w2de shall be disposed of on the mine site without pdQr written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine' map (s) and reclamation map, along with a list of items to be disposed in said areas. 7�)O.._►'e_ vv'd l roc n o SCro-.P me-6cz1 C_�Lb1e5, e- -�C• S-LZreal On Si t-e . -12- • • APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for 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): 2 -6n5 p-c:r C1CrL FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): },UDU you-rd" ipex- aC.►'e, (A- SO-1C-1D SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] 1 5- P o LA-nd s -p r-r a c.r e. Seed Ty=,L Seeding Dates: Seeding Rates: --Sc'j) i C- 40 °/. 'P->C r 40 °/ o 1Z.1 10 °/o Kc.n, O °fin MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: r 2- -6r,S nn,- 1cr1r c.�r c� cre1 ] 4- re c. Lci red "�+r cro5; or\ Coen` OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): 2 6 L_L s kc_J S COLS ca- r t, p e-r a CX -C, 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 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 inaFpt the aparoximatp, acreage_ for CATEGORY Tailings/Sediment Ponds: Stockpiles: Wastepiles: Processing Area/Haul Roads: Mine Excavation: Other: AFFECTED ACREAGE 1 Ac. X Ac. X • 5 Ac. X ' 5 Ac. X -7 Ac. X RECLAMATION COST/ACRE* $ °" /Ac. $ 8� p° b ° /Ac. $00 9O /Ac. $ RX, oO /Ac. $ SDO,O° /Ac. Ac. X $ TOTAL AFFECTED AC.: —10-_ Ac. ( TOTAL PERMITTED AC.: 013 Ac.) RECLAMATION COST $ G 0� . o0 _ $ qnd o0 /Ac. _ $ Temngrary & 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 8. 57 Ac. b) Positive Drainage Ac. X $1,500.00 = $ Z, Z 5o.p" SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ q X Permit Life (1 to 10 years): D INFLATION COST: $ 1 q rip TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 1 L• $ �-�• 0° Total Reclamation Bond Cost: $ hi (round down to the nearest $100.00) -14- APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS ' The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail 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 sire adjoining the mining per[uit 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 He 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 acre.ptable to the Department) must be mailed with the completed "Notice" form (the proposed overall pernut 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. MIE; 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- i 0 NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that (Applicant Name) has applied on (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 neR surface mining permit ❑ (b) a modification of an existing surface mining permit to add land to the permitted area The applicant proposes to mine - of (Direction) in County. (Mineral, Ore) (Nearest Town) on acres located (Number) (Miles) off/near road (Number/Name) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b1), 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 permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a pernut, 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 For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please note that the Department will consider any W"Irn" written comments/documentation within the .pr visions of the Mining Act of 1971 throughOL t thr. a12Rlication review process until a final dcrision is made bn the application, (Addressee/Owner of Record's Name and Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) -16- (Name of Applicant: Include Contact Person & Company Name, if Applicable) (Address of Applicant) 0 • APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, , 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 fare 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) (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at the following address: (Chief Administrative Officer Name) (Address) [City Manager, County Manager, Mayor, etc.] The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC SB .0004(d). 1 understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to -be mailed and to provide them to the Department upon request. Signature of Applicant 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) 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 , 20 Notary: My Commission expires: -17- 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: Scar-,e a5 a pl cant Signature: Print Name: _. APPLICANT: Signature:* Print Name Address: Title: Telephone: v1L-P— P%reSiofexn-L . Company: Mac. IAn&- rirr -�'in Cernry, Mine Name: rMv,-r T is� *Signature must be the same as the individual who signed Page 1 of this application. (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 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. -ls- 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 PERMIT MAJOR RENEWAL MODIFICATION Clay 1 but lose than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 500 500 Sand & 1 but less than S. 150 100 100 Gravel, Gemstone, and 5 but less than 25 250 100 100 Borrow Pits 25 but less than 50 500 250 500 50 or more 1000 500 500 Quarry, 1 but leas than 10 250 100 100 Industrial Minerals, 10 but less than 25 1000 250 500 Dimension Stone 25 but less than 50 1500 500 500 50 or more 2500 500 500 Peat & 1 or more 2500 500 500 Phosphate Gold (Heap Leach), 1 or more 2500 500 500 Titanium & Others A nonrefundable $50.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers, name changes, bond substitutions and permit renewals where the mine is ivactive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit buffer none requirements, where no plans for mining related disturbance of the added lands have been approved. AU other changes are considered major modifications. f Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the modification within the permitted mine area, or any additional land that is to be disturbed and added to an eydsting permitted area, or both. 10/2000 -19- Francis M. Nev(Ls, Jr., P.E. Section Chief Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Shipping Address: Land Quality Section 512 North Salisbury Street Raleigh, NC 27604 LAND QUALITY SECTION HEADQUARTERS James D. Simons, P.G., P.E. - Chief Engineer William H. Noyes, Jr., P.E. - Sediment Specialist David 11. Ward - Assistant Sediment Specialist Tracy E. Davis, P.E. - Mining Specialist Judy Wehner - Assistant Mining Specialist Chris Hite - Assistant Mining Specialist James K. L.eumas, P.E. - Dam Safety Engineer Robert Daniel, P.E. - Assistant Dam Safety Engineer Scott Harrell, E.I. - Assistant Dam Safety Engineer Caroline Medlin, E.I.- Sediment Education Specialist C.W. Gaskill - Sediment Education Intern Secretaries Hope Thompson - Lead Secretary Stephanie Lane - Sediment & Dams Susan Edwards - Mining LAND QUALITY SECTION REGIONAL OFFICES Courier - 52-01.M Telephone: (919) 7334574 FAX No.: (9I9) 733-2876 Joseph Ellerbee • LAN Coordinator ASHEVILLE MOORESVIL LE W INSTON-SALEM RA LEI G H RICHARD PHILLIPS, P.E. DOUG MILLER, P.E. MATTHEW GANTT, P.E. JOHN HOLLEY, P.E. Interchange Bldg. 919 North Main Street 585 Waughtown Street 3800 Barrett Drive 59 Woodfin Place Mooresville, NC 28115 Winston-Salem, NC 27107 Raleigh, SIC 27609 Asheville, NC 28801 COURIER - 13-15-01 INTEROFFICE COURIER - 12-59-01 COURIER - 0948-06 (336) 7714600 (919) 5714700 (828) 251-6208 (704) 663-1699 FAX # (336) 7714631 FAX # (919) 5714718 FAX # (828) 251-6452 FAX # (704) 663-60Q Alamauce Alleghany Ashe Chatham Durham Edgecombe Avery Buncombe Burke Alexander Lincoln Caswell Davidson Davie Franklin Granville Halifax Caldwell Cherokee Clay Cabarrus Mecklenburg Forsyth Guilford Rockingham Johnston Lee Nash Graham Haywood Henderson Catawba Rowan Randolph Stokes Surry Northampton Orange Person Jackson Macon Madison Cleveland Stanly Watauga Wilkes Yadkin Vance Wake McDowell Mitchell Polk Gaston Union Warren Wilson Rutherford Swain Transylvania Iredell Yancey FAYETTEVILLE WILMINGTON WASHINGTON WILLIAM (TOBY) VINSON, P.E. DAN SAMS, P.E. FL.OYD WILLIAMS, P.G. 225 Green Street 127 Cardinal Drive Ext. 943 Washington Square Mall Suite 714 Wilmington, NC 29405-3845 Washington, NC 27889 Fayetteville, NC Z8301 COURIER - 16-04.01 COURIER - 1456-25 COURIER - 04-16.33 (252) 946-6481 (910) 48&1541 (910) 395-3900 FAX # (252) 975-3716 FAX # (910) 48&4r707 FAX # (910) 350-2018 Beaufort Bertie Camden Chowan Anson Montgomery Scotland Brunswick New Hanover Craven Currituck Dare Gates Bladen Moore Carteret Onslow Greene Hertford Hyde Jones Cumberland Richmond Columbus Pender Lenoir Martin Pamlico Harnett Robeson Duplin Pasquotank Perquimans Pitt Hoke Sampson Tyrrell Washington Wayne i REVISED 1012000 0 pllli-OrD=.OF RECLAMATION COSTS COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI -- Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, ICY = ' Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Type T/S Ponds S.piles W.piles P.area/H.R. .Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(FI) 2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, MI, 1500(FI) 2500(PD) LI, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500 (FI) 5000 (PD) CL 1000(L) 2500 5000 5000 .2000(L) 2500 (FI) 3700 (PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (FD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A SAID ESTIMATE MUST BE PROVIDED WTTHI 'a DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 BTL ESTIMATES MUST INCLUDE—TKE__FOLLOWINrA. 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. 1.000 copies of this public document were printed at a cost of $663.20 or $.66 per copy. 1012000 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES - LAND QUALITY SECTION -21- r, In f 1.1 In L 1 1b rx • ' 1j j • * I r I A : 11 r, '; i Z �fo V p m c tf`rlktvYTrT^' `� i U ol ACQE! a! Ih i• T k 1^ to cl POP R I• r f' i I f cr aL Iq,�,,.. In �1w at .�k. nr w rr t ' n - n 1 4 l a. It ti . , !! I! I. II 4 !,i •n cI JE h ` Y � � • rtl I• �• p, n r.t N VI U V J %a A. IA i.• ' h L w :•L w � � i J lr • r 1 fn 71 0 E RE JAN 2 9 2002 BY FF kD� Eo �Gc >S q c°u�� ° f ° � ss•_ *#t LJ ,ACV I q ."'r QI J1 tj 3 J•: •4a...wad State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor Wiliam W. Cobey, Jr., Secretary October 21, 1991 Mr, W. J. McLamb Mac Construction Colr:any P. 0. Box 338 Shallotte, NC 28459 RE: Beaver Dam MinE Brunswick Count Dear Mr. McLamb: Charie_ H. Gardner Director The application fcr a mining permit for the Beaver Dam Mine it 3runswick County has been four- to meet the requirements of G.S. 74-51 of Thc- Vining Act of 1971. As we 'ave received the required surety to eover this application, I am enclosing the mining permit. The conditions _f Mining Permit No. 10-25 were based primarily upon information supplied in the application with conditions added as nc—ssary to insure compliance wi_n The Mining Act of 1971. This permit expire: Qn October 21, 2001. G. S. 74-65 states that the issuance of a mininc oermit does not supersede local zoning regulations. The responsibility oT compliance with any Explicable zoning regulations lies with you. This permit doe_ not preclude the assessment of a civil penal-..- for mining without a permit or for other violations committed prior to -"le issuance of this per. -,it. Please review tie permit and notify this office at (919) 733--:74 of any objection or questic- concerning the terms of the permit. Sincerely, Tracy Davis, E.I.T, Dining Specialist Land Quality Section TED/se Enclosure cc: Mr. Dan Sams, P.O. Box 27667 • Raleigh. N.C. 27611-7687 • Telephone (919) 733-3833 ,k- ;qual Opportunity Affirmative Action Employer DEPARTMENT OF ENVIRONMENT, HEALTH AND NAT_PAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining ac-ivity In accordance with the provisions of G.S. -4-46 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 -o: Mac Construction Company Beaver Dam Mine Brunswick County - Permit No. -25 for the operation of a Sand Pit which shall provide that the usefulness, p;-Dductivity and scenic values of all lands and waters affected by :his mining operation will receive the greatest practical degree of protection and restoration. Page 2 of b 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 th'e 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 October 21, 2001. 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 6 OPERATING CONDITIONS: 3. Any wastewater processing or mine dewateri-<? shall be in accordance with the permitting requirements and rules prom-igated by the Environmental Management Commission, 2. Any mining process producing air contamir._`ion emissions shall be subject to the permitting requirements and rules :romulgated by the Environmental Management Commission. 3. A. Sufficient buffer shall be maintaine._ between any affected land and any adjoining waterway to prevent sec'mientation of that waterway from erosion of the affected land and tc preserve the integrity of the natural watercourse. S. A minimum 50 foot wide undisturbed bu=>er zone shall be maintained between any affected land and the cre-'<s located along the northwest and southeast property linE_. 4. A. Adequate mechanical barriers includir but not limited to diversions, earthen dikes, brush barriers, si.- check dams, silt retarding structures, rip rap pits, or ditches _hall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface ar_as or into any lake or natural watercourse in proximity to the affected land. B. . Sediment and erosion control measures shall be installed and maintained as indicated on the mine m-D dated June 26, 1991 and in the additional information submitted June 27, 1991, 5. The angle for graded slopes and fills sh-Ii1 be no greater than the angle which can be retained by vegetative cover :r other adequate erosion control measure, structure, or device. In anv e,,,ent, exposed slopes or any excavated channels, the erosion of which .:ay cause offsite damage because of siltation, shall be planted or otherv,=se provided with ground cover, devices or structures sufficient to restra`n such erosion. 6. The affected land shall be graded so as `= prevent collection of pools of water that are, or likely to become, noxi-is or foul. Necessary structures such as drainage ditches or conduits shall �':)e constructed or installed when required to prevent such conditions. 7. Existing vegetation or vegetated earthen __rms shall be maintained between the mine and public thoroughfares whE-ever practical to screen the operation from the public. 8. Sufficient buffer (minimum of 50 feet L-c'isturbed) shall be maintained between any excavation and any adjoining p-operty line to prevent caving of that property and to allow grading of the _ideslopes to the required angle. 9. A physical barrier consisting of a fencE i_r earthen berm, etc., shall be maintained around the perimeter of any hic-wall. Page 4 of 6 10. 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. 11. 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. Approval to implement such changes must be obtained from the Department prior to on -site implemen_ation of the revisions. 12. The security which was posted pursuant 7o N.C.G.S. 74-54 in the form of a $2,500.00 Surety Bond (Bond No. 65-0130-:0803-91-4) 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. 13. A. Authorized representatives of the )ivision of Archives and History shall be granted access to the s-te to determine the presence of significant archaeological resource_. B. Pursuant to N. C. G. S. 70 Article 2, "The Unmarked Human Burial and Human Skeletal Remains Protection .�;ct," 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 5 of 6 APPROVED RECLAMATION PLAN The Nii.inq Permit incorporates this Reclamation :'?n, the performance of which is a condition on the continuing validity of that Mining Permit. Additic.ially, the Reclamation Plan is a sepa : I obligation of the permit-_e, which continues beyond the terms of the Mi-•ng Permit. The ap.ro�.,ed plan provides: Minimur S=andards As Provided By G.S. 74-53 1. T�-e final slopes in all excavations in soil. sand, gravel and other ur--or:solidated materials shall be at such an .vale as to minimize the possibility of slides and be consistent with the =uture use of the land. 2. Pr,--,v sions for safety to persons and to ac.,:ining property must be prDvided in all excavations in rock. 3. A'i overburden and spoil shall be left in a :-.-nr-iguration which is in accordance with accepted conservation practices _nd which is suitable for ti-e oroposed subsequent use of the land. 4. Nc simall pools of water shall be allowed to ccl':,_t or remain on the mined area that are, likely to become noxious, odious :- foul. 5. Trevegetation plan shall conform to acceptec :nd recommended agronomic are reforestation practices as established by the North Carolina A.cricultural Experiment Station and the North CE• lina Forest Service. 6.. Permittee. shall conduct reclamation activities :1.rsuant to the Reclamation Plan herein incorporated. These activities sham be conducted according to tre time schedule included in the plan, which s-.111 to the extent feasible provide reclamation simultaneous with mining op -ations and in any event, provide reclamation at the earliest practicabl_ time after completion or termination of mining on any segment of the :3rmit area and shall be coimpleted within two years after completion or 1.-m=ination of mining. RECLAK"'TION CONDITIONS: 1. Provided further, and subject to the Reclama-, -r. Schedule, the planned reclamation shall be to regrade and satisfactori'./ revegetate any disturbed areas. 2. T're specifications for surface gradient restora--n to a surface suitable f,_r -he planned future use are as follows: P. All sideslopes shall be graded to a 3 h..--zontal to 1 vertical or flatter slope. E. Any settling ponds or sediment basins Shall be backfilled and stabilized. Page 6 of b C. The processing, stockpile, and other disturb_td areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoil_d or otherwise prepared before revegetation. E. No contaminants shall be dumped at the mine _ite. Scrap metal, trash or other such waste shall be removed fror7 the site and properly disposed. E. The affected land shall be graded to prevent -ne collection of noxious or foul water. 3. Rey ,ue tati on Plan Af:z-r site preparation, all disturbed land areas shall be revegetated,as rec:mmended on December 12, 1990 by Mr. Wiliam B. Harrell, Soil Cor=_ervation Technician with the Soil Conserva-ion Service. Prior to reclamation, the North Carolina Wildlife Resou,-:es Commission shall be cor_acted to enhance post -project wildlife habita_ values. 4. Reclamation Schedule Reclamation shall be conducted simultaneously wit' mining to the extent feasible. In any event, reclamation shall be ini" ated as soon as feasible af'_r completion or termination of mining of any u1ne segment under permit. Firal reclamation, including revegetation, shall be completed within two yez-rs of completion or termination of mining. Permit issued this 21st day of OctcDer, 1991. M Charles H. Gardner, Director Division of Land Resources By Authority of the Secretar: Of the Department of Environment, Health and 1,=-tural Resources Ila t e -);z 1,:54� / MEMORANDUM TO: File FROM: Susan Edward. SUBJECT: Notice of Issuance of Mining Permit p 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: Regional Engineer '4 NOTICE OF ISSUANCE OF KING 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 Mac Construction Company to conduct mining activities at the Beaver Dam Mine in Brunswick County. The mining permit was issued on October 21, 1991. A recent North Carolina Court of Appeals decision has held that a person aggrieved by the issuance of a mining permit has the right to initiate a contested case hearing in the Office of Administrative Hearings pursuant to N.C.G.S. 150E-23 of the Administrative Procedure Act (APA). Please be advised however, that this Department disagrees with that ruling and has recently filed documents in the Office of Administrative Hearings to limit permit issuance challenges to a hearing on the record in Superior Court pursuant to N.C.G.S. 150B-43. A ruling on the Department's request is still pending. Despite our position on this issue, North Carolina law requires us to inform you of your right to contest the issuance of the permit. Unless the Court of Appeals' decision is changed, you still have the right to seek a contested case hearing pursuant to N.C.G.S. 150-23 of the APA. To preserve your right to a hearing, you must file a petition for a contested case in the Office of Administrative Hearings within sixty (60) days of the mailing of this notice to you. The address for filing the petition is The Office of Administrative Hearings, P.Q. Drawer 27447, Raleigh, N. C. 27611-7447. Their telephone number is (919) 733-2698. This notice was mailed on October 22, 1991. Charles H. Gardner Director Division of Land Resources North Carolina Department of Environment, Health and Natural Resources fAr • _ .Oils 5p- CO '- 0 IV I I io °� 1 ° ; cl� 5ooll elk" 514 oy5 ��,.. pT1* llv "O4 t�R North Carolina Department of Environment and Natural R Division of Land Resources, Land Quality SectionTM—r-�1K, MINE lINNFL;UTIOIN REFORT MAY 9 5 ma (PERMITTED MINE) 1. MINE NAME 1 )rt/7'l4.u11j 2. MINING PERMI - 3. OPERATOR 'Y1��t�- r r� . Cy • _ _4. COUNTY � 5. ADDRESS D , �. 539 SA (1r,1'rt' IJ 2 i2g - 6. PERMIT EXPIRATION DATE /o 2 I - ZCiE,C, 7. RIVER BASINjr _ 8. Person(s) contacted at site 0 n e 9. Was mine operating at time of inspection? ❑ Yes o 10. Pictures? ❑ Yes Cj�-No 11. Date last inspected: : /.?z2 lli7 12. Any mining since last inspection? 6_I�es ❑ No 13, Is the mine in compliance with the Operating Conditions of the Permit? 2 Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? Z"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: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: A) r UZ f�, , _ _ _ � f L - Y I " , , !! . f /I)ef {.�-i 1Jfi�,��_ �n ..s__r'-��../� 'I- /_� —v�� T� n =tf bt.• - a - -- 1 S. Is the Annual Reclamation Report +/-map accurate? D Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes G "N" o Proposed date 20, No. of additional pages of Inspection Report. 21. Copy of Report sent to operator_z` 1 :f /r7 ) (date) INSPECTED BY: f /�.�.�-t' �1 �, L•� r£� _ DATE / A Telephone No: White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 .....� �....,' v--.-•-�+`•..r��i`�Iin""'tiw.r"Yr^...•�^--++niv"4...-.:.r' y-� ..--... r .,,•�"-/..}:« -ui u i %.,m uui a uq"u i iai R ur =mrunrnenr, rleaff, ana NaTUral HI 1 Division of Land Resources, Land Malityy Section �� jrj � MINE INSPECTION REPORT APR 251996 LU 1. MINE NAME r 2. NING PILRM TW ti1 3. OPERATOR lIC s uc ( to .. lw'-Zfw c 5 - 4. COUNTY ixPKW,r/� 5. ADDRESS •D. .335.„S // 8 6. PERMIT EXPIRATION DATE/O-Z/- Zyo/ 7. Person(s) contacted at site djo Aq,- nr7 8. Was mine operating at time of Inspection? ❑ Yes o 10. Date last inspected.f 1 /71 %S 11. Any mining since last inspection? 12. Is the mine in compliance with the Operating Conditions of the Permit? If no, explain: [J'fesF ❑ No E3-Yes ❑ No 13. Is the mine in compliance with the Reclamation Conditions of the Permit? ERIes ❑ No It no, explain: 14. Did any of the above deficiencies result in offsite damage? [:]Yes ❑ No If yes, describe the type and severity of the damage: 15. Corrective measures needed and/or taken: 16. Other recommendations and comments: r. / ' 17. Is the Annual Reclamation Report +/- map accurate? bAs ❑ No (Explain) ❑ Not Reviewed 18. Follow-up inspection needed? ❑ Yes O No Proposed date / 19. No. of additional pages of Inspection Report . 20. Copy of Report sent to.operator I l , INSPECTEDBY Cc.crr ' .,� DATE / Phone No: ( yj ) 3fS. �4at1 White copy to file Yellow copy to operator Fink copy to Mining Specialist /0- pug-, RECEIVED � �• APR 3 x 1991 LAND QUALITY SECTION State of North Carolina Department of Environment, Health, and Natural Resources Wilmington R nal Office ngt ego ffice James G. Martin, Governor Bob Jamieson William W. Cobey, Jr., Secretary Regional Manager NOTICE OF VIOLATION FOR MNING WITHOUT A PE]URT April 19, 1991 CERTIFIED MAIL P-286 655 943 RETURN RECEIPT REQUESTED ac Construction Co. . W . J . McLamb Post Shallotte, North Carolina 28459 Dear Mr. McLamb: This is to inform you that you are violating the Mining Act of 1971 by operating a mine without a permit as required by North Carolina General Statutes ( hereinafter NCGS) 74-46, et seq. , as amended. On April 17, 1991, personnel of this office inspected a mining operation being undertaken between Bolivia and Supply off Highway 17 and NCSR 1401 in Brunswick County. Personnel of this office have also determined that you are the operator of this mine. Pursuant to G.S. 74-59 of the Mining Act of 1971, no person may operate a mine without first obtaining a mining permit and also posting a bond to ensure that the site is reclaimed. Mining is defined by NCGS 74-49 as: The breaking of the surface in order to facilitate or accomplish the extraction or removal of minerals, ores, or other solid matter; Any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, soils, and other solid matter from its original location; and/or The preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use. 7225 Wrigttsvillc Avenue, Wilmington, N.C- 2W3-3696 • Tekp6xw 919L2564161 6 Fax 919-2568572 An Equal Opportunity Af{irmativc Action Emokmer Az Mac Construction ' Co: ' April 19, 1991 " Page 2 ���er��� �i ��°y},:. L!!',•; �,: �� ",��<�r47�`a E '����'�,ra €rn;t� �c ;h✓:;y` Sa ti','�.: ' �,,s4ti �,�.� `t.t•, i t' �' .e `'f*• .��`IF:",.••�w}-n�,4 �y>�r •.�•�,><�:i r., }il t�A'v': i "Minerals" means any soils, clay, coal, stone, gravel, sand, phosphate, rock, metallic ore, and any other solid material or substance of commercial value found in natural deposits on or in the earth (NCGS 74-49(6)). Because you are in violation of The Mining Act of 1971, you are directed to immediately halt the above mentioned mfninLr operation until you have obtained a valid mining rmit from this Department. Please contact this office immediately at (7225 Wrightsville Avenue, Wilmington, NC 28403, (919) 256-4161) to indicate your intention to comply with the Act. In addition, you must take the following corrective actions to bring this site into compliance: 1. File the attached application for a permit, including a reclamation plan, within 30 days of your receipt of this notice. 2. In the event that your application for a permit is approved, you must post a bond or other form of security acceptable to the Department to ensure that the affected area will be reclaimed when your mining operation has terminated. The bond does not have to be submitted concurrent with the application for a permit. 4., As an . alternative to. filing , the attached mining permit application, you must immediately initiate reclamation of the entire site and complete the reclamation within 30 days of receipt of this Notice. Should you choose this alternative, you must submit within 10 days of receipt of this Notice a plan detailing the intended reclamation including a specific schedule for completion of this work. Violations of the Mining Act for mining without a permit are subject to a civil penalty of up to $5 , 000.00 per day for each day of a continuing violation. A penalty may be assessed for violations committed prior to your receipt of this Notice will be assessed for violations committed after receipt of this Notice. An injunction or civil penalty may be sought to enforce the Act. The responsibility for understanding and complying with the requirements of the Act rests upon the individuals and firms who are subject to its requirements . A copy of the Act and the Administrative Rules are enclosed for your information. 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. s A meiQ-' iiOnstracti017r, AprA, 19, -1991 Page 3 5 0 Ali 11, no. Please do not hesitate to contact either Carol Miller or me regarding any questions you might have on this matter. Sincerely, D 'el E. Sams, P. E. Regional Engineer Land Quality Section DES/CNM/sfc Attachments: Two Mining Permit Application Forms The Mining Act of 1971 NCAC Title 15 Chapter 5 Inspection Report cc: Mining Specialist -0 State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Govemor Wfliam W. Cobey, Jr., Secretary August 23, 1991 Mr. W. J. McLamb Mac Construction Company P. 0. Box 338 Shallotte, NC 28459 Re: Beaver Dam Mine Brunswick County' Dear Mr. McLamb: Charles H. Gardner Director Your application for a mining permit for the Brunswick Dam 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 ensure corppliance with The Mining Act of 1971. Also enclosed is a form for your use in securing the required $2,500.00 surety bond. For your convenience, I have enclosed a bond form and an assignment of a savings account form. The name on the bond or assignment form must be the same as the name appearing on the application for a mining permit. 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. G.S. 74-65 states that the issuance of a mining permit does not supersede local zoning regulations. The responsibility of comp i'ance with any applicable zoning regulations lies with you. I. P.O. Box 27687 • Raleigh, N.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer 14.. Mr. W. J. McLamb August 23, 1991 Page 2 Furthermore, the issuance of this draft permit does not preclude the assessment of a civil penalty for mining without a permit or for other violations committed prior to the issuance of this mining permit. Please advise at (919) 733-4574 if you should have any questions concerning this matter. Sincerely, Tracy . Davis, E.I.T. Mining Specialist Land Quality Section TED/BUS/se , Enclosure cc: Mr. Dan Sams, P.E. DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION P E R M I 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 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Mac Construction Company Beaver Dam Mine Brunswick County - Permit No. for the operation of a Sand Pit 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 of 6 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 ccmplied 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 , 19 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 6 OPERATING CONDITIONS: 1. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the Environmental Management Commission, 2. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the Environmental Management Commission. 3. A. 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. B. A minimum 50 foot wide undisturbed buffer zone shall be maintained between any affected land and the creeks located along the northwest and southeast property lines. 4. A. 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 and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake or natural watercourse in proximity to the affected land. B. Sediment and erosion control measures shall be installed and maintained as indicated on the mine map dated June 26, 1991 and in the additional information submitted June 27, 1991. 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 cause offsite damage because of 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 thoroughfares whenever practical to screen the operation from the public. 8. Sufficient buffer (minimum of 50 feet undisturbed) 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 earthen berm, etc., shall be maintained around the perimeter of any highwall. Page 4 of 6 10. 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. 11. 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. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 12. The security which was posted pursuant to N.C.G.S. 74-54 in the form of 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. 13. 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 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 regrade and satisfactorily revegetate any disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. All sideslopes shall be graded to a 3 horizontal to 1 vertical or flatter slope. B. Any settling ponds or sediment basins shall be backfilled and stabilized. Page 6 of 6 C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be dumped at the mine site. Scrap metal, trash or other such waste shall be removed from the site and properly disposed. F. 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 recommended on December 12, 1990 by Mr. William B. Harrell, Soil Conservation Technician with the Soil Conservation Service. Prior to reclamation, the North Carolina Wildlife Resources Commission shall be contacted to enhance post -project wildlife habitat values. 4. Reclamation Schedule 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 day of , 19 By: Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment, Health and Natural Resources "QC eonatmctioh Comp apty P.O. BOX 336 SHALLOTTE, NORTH CAROLINA 28459 (919) 754-7177 W.J. MCLAMB, JR., PRESIDENT ASPHALT PAVING September 26, 1991 RECEIVED OCT 0 s 1991 LAND QUALITY SECTION Ms. Beth U. Studenberg Land Quality Section P. 0. Box 27687 Raleigh, North Carolina 27611 RE: Beaver Dam Mine Brunswick County Bear ids. Studenberg: Please find enclosed bond for the above referenced permit. There is a blank space at the bottom of page 1 of the bond form which asks for the date of the permit approval. As discussed with you by phone today, please fill in this date, using the same date as the approved permit. Please return to me a copy of the bond form which will show this date, along with the approved permit. I need this for the bonding agent. Your prompt response will appreciated. Yours truly, MAC CONSTRUCTION COMPANY W . rJ . PIG LLdlilu DATE .� J ,; �i ��lliwtr;KAW r- SUBJECT -- FFX11 no., aF x moa, iRli J 1ow � � �/ I' a. ` �� ,V�, i _Au-A[aAfL ? Pr. RgN o eoAkUsTS, 6Y -7 — Fpkp iQl rrp-, — FOFD FQ NO. ! Wllaomkirm • CWb.F+er • uwe w U.ax 4e =Waite. • O WftWLk +w. IM SPEED. VjqrERQP LAIV +0 REPLY J 46gEE _ /-IAA- aF OPAT iH� 'I " i/AGy� !s L-W SEE rLA 1 �,a%f r MAy 13 /F�rRu3Ti c T E/eCrO�G -,r WvdL li e�l�lQ Je _Ill�iPlYIAL G�?c�MsTi9n�Ccs /f&lFpT /T. SIGNED C[PIENT: R IN WHITE 'TURN PINK COPY '. ... Cr � may.• '� "� Y.� 1�[ ft• � R'w• • • l ...ter''• ; - � _ 1.. yam_ ' � - Ii' L• •cl,'� ' �+'• 'r - MEMO. TO: e2& QATE: 00 0 SUBJECT: •"l fw' j��p LtL� hw. STA7F n Q" North Carolina Department of Natural Resources &Community Development TO DATE REPLY �[ti t r I ►�r r � � now, ��• r t ' All, :2 Uswurgrivill A /I1 Alt -a 7 Z c SIGNED VAboesloms • Cwd--d a . VAM w U-&& "4w m*ftm • O Wfto%k ti lM SPEED TER® FROM DATE SIGNED SENDEQ: DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES i , y - - _ t .. .s ' s .; < _, + - . -. .� � .� �4 � � � i '; � ' _� � � y .a �y .. -� ' '�, - + �� •' .♦ t � .w I � ' �q.�. -* V � ! � t i i r t j — � I —' . _J ' + _y � + � � � � � ` � � ' �, ' � 1 � � i y � � ' , �. ' �` R � t �� � � { �. � 1 � 1 I r • �' ; a 1 • � • , + � ` � 1 • � r + � 3 + - „r � � � + � � 1 �: � + � r- • � 7 +' � � - i � + 1 . ' _ � 1 • � � ' � � ' + - ., � .� 1 � , � � � "MAC eohatructioh eoe"aN ftC P.O. Box Asa 14ft .c 7991 SHALLOTTE, NORTH �AROLINA 28459 llT ySf�rlo (9 9) ly W.J. MCLAMS, JR., PRESIDENT ASPHALT PAVING June 27, 1991 Beth U. Studenberg State of North Carolina I Department of Environment, Health and Natural Resources Divison of Land Resources P. 0. Box 27687 Raleigh, North Carolina 27611 RE: Mining application for Borrow Pit, Brunswick County Dear Ms. Studenberg: In response to your letter of June 12, 1991, I have enclosed the information you requested as calculated by Andrew & Kuske, Consulting Engineers, Inc. I had previously paid a $250.00 fee which would cover the 10 acre site which we own. I hope this is all the information you need and will be able to issue a permit shortly. Yours truly, J. McLamb, Pres WJM:bje Enc. ♦ilote Design Andrew and Kuske sE�c�t i - / 202 N. Flith Ave. CONSULTING ENGINEERS, INC. Wilmington, N.C. 28401 Check .fob �'yl�l�-! r'•f���-ti: i/,r, j� For /!;/� (�!J��/� �r�, Job No. �Q, 'v(%:!y.•-� � pUTC�-T - f_"S,-^//�� r1 �`% T �/v,'S �J/! � �l �C�'�i1'7er=• /T a%^��'�, f`- , -�-�� �✓,�%C� � PJ4v Gam: `�rl�- �, �.-v�-'�',r� 3. 6 cosrlrjc-o -75rnCA M TCJI'� �_�CP,Ir f 1i�tJ�irr ero -r- e ,i:d 1-1r jj COMI0 V Swl1c-"; S • � t -;�• X✓- f-----`f f ,71 f TID e' 116. C. IV Ck i c VY 43`E �eP ��PT e. .� r 5 •f �` J ea- r^ � ��''-r3_r�- e's�`'r`F -_*�4 ��•. t �IEPI�Y �155r�ia-Ta2 • y E Q� _ r . C� ti! . T. 5 V� Of o GR• c r�« / el, %a`. f P � - •tea • � Ir �.� • Foe d'°'s' - - OF' SM�►L L AR'� 4 .,rp1tTN EDGE OF •, _.. L � 9S d4f• .c ��� �• • �• ' � rp! � rr` iy iip s ,p9, `s SS. - • � . `T r�• sSr• W �� �� � � �p ay. f B• � 7v�'6 J � Oa _C�. • disSiP�� • QiP 1 � f 'T3.•d c.�. c- �, e>*.2s .zs. w �4 ST .tea �M Z4 pQ41 'y-9/ �YsECtI4 North Carolina Department of Cultural Resources James G. Martin, Governor Division of Archives and History Patric Dorsey, Secretary William S. Price, Jr., Director May 22, 1991 MEMORANDUM TO: Tracy E. Davis Land Quality Section Division of Land Resources, DEHNR FROM: David Brook, Deputy State 1 1 Historic Preservation Officer SUBJECT: Application for Mining Permit Beaver Dam Mine, Brunswick County ER 91-8095 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. We are concerned with mines being permitted and operating near historic structures. Please ask the permit applicant to send us photographs (Polaroid type snapshots are fine) of any structures over fifty years old in or surrounding the project area. These photographs should be keyed to a map showing their exact location in relation to the project area. If there are no structures over fifty years old within or adjacent to the project area, please inform us of this in writing. 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. DB:slw cc: Earl Tharp Mac Construction Company P.O. Box 338 Shallotte, N.C. 28459 109 East Jones Street ! Raleigh, North Carolina 27611 (919) 733-7305 41l 3 d � O •�YY/..Sf•� State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Govemor William W. Cobey, Jr., Secretary June 12, 1991 Mr. W. J. McLamb Mac Construction Company P. Q. Box 338 Shallotte, NC 28459 RE: Mining Application for Mac Construction Co. Borrow Pit Brunswick County Dear Mr. McLamb: Charles H. Gardner Director The review has been completed on your application for a mining permit for the Mac Construction Company Borrow Pit in Brunswick County. The following additional information is still required to complete our review: More detail concerning the sediment and erosion control measures is still needed. Please provide design calculations and construction details for the sediment basin and outlet pipe. How do you intend to stabilize the pipe outlet? What are the dimensions of the basin? This information is needed for our review so we can verify the adequacy of the measures. 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. a. Box 27687 Raleigh, North Carolina 27611 Please advise at (919) 733-4574 if you have any questions on the above. Si cerely, Beth U. Studenber �1 Assistant Mining Specialist Land Quality Section BUS: se cc: Dan Sams P.O, Box 27687 • Raleigh, N.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer f; ® North Carolina Wildlife Resources Commission 0 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Beth Studenberg Assistant Miring Specialist ..� 0 n FROM: Dennis Stewart, Manager Habitat Conservation Program DATE: June 5, 1991 SUBJECT: Review of Application for Mac Construction Company Borrow Pit, Brunswick County, North Carolina. Professional staff biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the application for a mining permit submitted by Mac Construction Company, Shallotte, North Carolina. An onsite investigation was performed on May 30, 1991, for the purpose of further assessing construction impacts on wildlife, fisheries and wetland resources. Our comments are provided in accordance with certain provisions of the N. C. Mining Act of 1971, G.S. 74-46 et seq. Mac Construction is proposing to construct an open pit mine on 10.13 acres of land located approximately 3 miles northeast of the Town of Supply, adjacent to the county, landfill. The tract is located on Beaver Dam Creek, a small stream that forms the southern and western boundary of the project site. A small natural drain marks the eastern boundary. On the north, a gravel service road leading to the landfill constitutes the boundary. Presently, about one-half of the tract has been cleared of vegetation, with evidence of recent minim activities. The remaining acreage consists of an open stand of immature loblolly pine (Pine taedus) with a relatively clear understory. The soils are very sandy and well drained. In accordance with our review of the proposed application, we provide the following comments: 1. A 54-foot buffer zone of undisturbed habitat should be established along the entire boundary of the tract except the northern road frontage to protect the integrity of Beaver Dam Creek as well as the natural drain noted above. 2. The Reclamation Plan notes (page 9) that after excavating 2 acres, the disturbed area will be leveled and planted in grass. However, the Permit Application notes (page 2) that the maximum amount of land to be disturbed Memo (2) June 5, 1991 and unreclaimed at any one time is 49 acres? We recommend that the Permit Application as well as the Reclamation Plan be consistent throughout prior to any permit approval. 3. The proposed 3.1 slope angle, as well as the proposed revegetation methods are adequate. However, prior to implementation of reclamation activities, we request that the applicant consult with professional wildlife and fisheries biologists to enhance post -project habitat values. Thank you for the opportunity to comment on this proposed project. If we can provide further assistance, please can on us. DLS/lp cc: Thomas Padgett, District 4 Wildlife Biologist Keith Ashley, District 4 Fisheries Biologist State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor William W. Cobey, Jr., Secretary May 14, 1991 MFM UNnlIM TO: Fred Harris Chief, Division of Boating and Inland Fisheries Wildlife Resources Commission ATTENTION: Habitat Conservation Program FROM: Beth Studenberg &a Assistant Mining Specialist Land Quality Section RE: Mining Permit Application Mac Construction Company Beaver Dam:Mine 'Brunswick County Charles H. Gardner Director RECEIvED MAY 17 1991 H,41311,4T CONSERVATION SECTION Please find attached for your review a copy of the mining permit application for the above referenced project. Mac Construction Co. proposes to mine approximately 5 acres along Beaver Dam Creek. Clearing has occurred at this site. Please review this information and advise as to the probability of the operation having unduly adverse effect on wildlife or freshwater fisheries (G.S. 74-51 (2)). Please respond:by June 4, 1991 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 and modification requests, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and offsite 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 Mr. W. J. McLamb at (919) 754-7177 to set up a convenient date and time. Your continued cooperation in the review of these type requests is very much appreciated. BUS/se Attachments cc: Mr. Dan Sams P.O. Box 27687 o Raleigh, N.C. 27611-7687 C Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer o~ State of Forth Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor Chaves H. Gardner Wiliam W. Coney, Ir., Secretary Director April 29, 1991 Mr. W. J . McLamb Mac Construction Company P. 0. Box 338 Shallotte, NC 28459 RE: Mac Construction Company Mining Application Brunswick County Dear Mr. McLamb: The initial review has been completed on your application for a mining permit for the Mac Construction Company Mine in Brunswick County. The following deficiencies were noted in the application: (1) Over the next In years, do you intend to mine the 10.13 acres at the site or only 4.9 acres? If more than 4.9 acres are to be mined, excavation, stockpile and other disturbed area boundaries must be shown on the mine map. (2) A minimum 50 foot undisturbed buffer must be maintained along all disturbances and any watercourses. (3) Based on our Wilmington field office's review comments, sediment and erosion control measures will be needed along the southern property lines as a minimum. Please update the mine map to show proposed measures and provide design calculations for such. I r crder to ccn!pl ete the prccE:_5 i i•:c. c f �,oulr a ppl i (,-;:At i t,►,, forward t>~c (2.) cc;pi(-:: �. `h(, i-egLALstc,(:Tir.'ri-rc ir; L lr•,; ci,:titi tier ..t the following address: Land Quality Section P. 0. Box 27687 Raleigh, North Carolina 27611 P.O. Box 27687 • Raleigh. N.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer Mr. W. J. McLamb April 29, 1991 Page 2 Please advise at (919) 733-4574 if .you have any questions on the above. SincereljJ&,,k,&(, b I (ti- Beth U. Studenberg Assistant Mining Specialist Land Quality Section BUS/se cc: -Dan Sams E�"Or ED��`_�� 56 r v VY NJ �`oe. d�•F �\ p. c'jrYo N�9 w..•� - ij ,?J. t O 2p; 0 IV 36 fe .p' E / fl � quN YER DpM1NE � ; •r �r.. 4 4. of BEp?ERT . c I .Q 4 ram 1SpR0 ,O 31. coo GROG C' Os 1f7 �VD�tf FT n n !:y n. l l' p e +7X i 3>>.19•W ,QO q?4TH EDGE OF .. SMALL DRAB 0,. fa W iiO s +0y. 3 63. ... S 3 Qt � E.O. 6c. 8 SHALLOTTE, NORTH CAROLINA 28459 (919) 754-7177 W.J. McLAMB, JR., PRESIDENT May 6, 1991 N. C. Department of Environment, Health and Natural Resources Land Quality Section P. 0. Box 27687 Raleigh, North Carolina 27611-7687 Attn: Ms. Beth U. Studenberg, Assistant Mining Specialist RE: Mining Application Dear Ms. Studenberg: VIA L, 4A"i) QU�crt0 1,9,91 SCertoIV ASPHALT PAVING In response to your letter of April 29, 1991 I have enclosed two copies of the map on the proposed borrow pit areas. In answer to your questions, we intend to use the 4.9 acres as indicated on the map. On the map we have shown a 50 ft. undisturbed buffer area adjacent to the creels. Also we have shown on the map a silt basin to collect any silt which might be caused from our excavation. You have already received our check for $250.00 which we had forwarded to you on January 9, 1991 to be used as our application fee. The check in the amount of $110.00 which we sent you on December 21, 1990 has been returned to us. Your prompt processing of this permit will be greatly appreciated. Yours truly, J. McLamm resident WJM:bje Enc. C Mir APPLICATION FOR NORTH CAROLINA MINING PERMIT L e• ^i �pf r-rr Y •/ � . � D L c FJ i 90 LAND MIAs State of North Carolina Department of Natural Resources and Community Development Division of Land Resources Land Quality Section P.Q. Box 27687 _._.. Raleigh. North Carolina 27611 (9I9) 733-3833 .r IN rev. 3/88 NORTH CAROL INN CEPAq`i'l ..N'r OF NATUIUU. RESOURCES AND COWIUVITY DEVE,01NENT LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) I. Name of Dine Beaver Dam county Brunswick 2. Name of Applicant Mac Construction Company 3. Permanent address .for receipt of official mail. P.O. Box 338 Shallotte, NC 28459 *Telephone 919-754-7177 4. Mine Office Address None Telephone None 5. Mine Manager Earl Tharp We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. "Signature `� s r , c J Date /��'l7 /'7''� r' %%l` t Print Name Title ._&EZOF /0 r *The Land Quality Section should be notified of change in permanent address or telephone number. **Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. 1 APPLICATION FOR A MINING PERMIT A. GENERAL CHARACTERISTICS OF MINE. 1. Total acreage at site covered by this permit application: Acres owned 10.13 Acres leased None Property owner if leased 2. Name of all materials mined: Sand 3. Mining method: Hydraulic Dredge Underground Shovel & Truck X Dragline & Truck Self -loading Scraper Other (explain) 4. a. Expected maximum depth of mine (feet) in Reference elevation: b. Expected average depth of mine (feet) 7 5. Has any area(s) at this site been mined in the past? Yes X No If no, pro- ceed to Question 6. a. Acreage of previously affected land(s) at present site that has not been reclaimed: 1 acres (identify all areas on your mine map). b. When and bv whom was this activity conducted? Mac Construction CompanY 1989 c. Acreage of previously affected land at present site that has been reclaimed: acres (identify all areas on your mine map). d. When and by whom was this activity conducted? e. Do you wish to exclude any areas noted in 5a or c from this permit application? Yes No X _ If yes, how much? acres (identify all areas on your mine map). 6. Present (premising) use of the land (estimate acreage for each): Cropland ac Pasture ac Forestry_10.13 ac Fish/Wildlife ac Recreation ac Other ac 7. Proposed land use after mining and reclamation has been completed (estimate acreage for each): Cropland ac Pasture ac Forestry 1Q ac Fish/Wildlife ac Recreation ac other ac B. DETERMINATION OF AFFECTED ACREAGE AND BOND 1. Number of years for which permit is requested (10 years maximum)._ 10 2. Total affected acreage to be disturbed during initial year of operation: 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 and onsite haul roads acres —acres e. Area o: mire excavation(s) f . TOTAL a-e 4.9 acres 3. Estimate the maximum amount of land to be disturbed and unreclaimed at any one time during the life of the permit. — Q_g acres OA APPLICATION FOR A HIDING PERMIT 4. Check acreage to be bonded": Total affected acreage figure from B2f OR B3 (page 2) whichever is larger, equals acreage to be bonded. (See 15 NCAC 5B.0003 for bond amounts_) X 0 - 4.99 acres 10 - 24.99 acres 5 - 9.99 acres 25 + acres 5. a. Will you file a blanket bond or other security covering all of your mining operations in North Carolina? Yes— No X b. Have you already filed a blanket bond or other security? Yes— No X 6. List any mining permits previously issued to the applicant. None C. PROTECTION OF NATURAL RESOURCES 1. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes No X If yes, briefly describe all such processes including any chemicals to be used. b. G.il3. the operation involve dewatering the mine or discharging fresh or waste water from the mine or plant. Yes No X If yes, briefly describe the nature of the discharge and locate all proposed discharge. points on your mine map. c. If you answered yes to either la or lb, provide evidence that you have applied for or obtained a water quality permit from the Division of Environmental Management, Water Quality Section. r 'In lieu nf the surety bond -required by this section, the operator may file with the bepartment a cash deposit, negotiable securities, a mortgage of real property accep�Gb?e to the Department, or an assignment of a savings account in a North Carulina bank on an assignment form prescribed by the Department. The amount of :land disturbed and unreclaimed at any one time must not exceed the bonded amount. 3 APPLICATION F'OR A MINING PERMIT 2. a. Will the operation involve crushing or any other air contaminant emissions? Yes No X If yes, indicate evidence that you have applied for or have obtained an air quality permit issued by the Division of Environmental Management, Air Quality Section or local governing body. b. How will fugitive dust from stockpiles, haul roads, etc. be controlled? Water Truck 3. Describe in detail the chronological sequence of land disturbing activities and reference the sequence to the mine map(s). Attach additional sheets as needed, Removal of borrow dirt operation to be contained in 1 to 2 acre area. After removal of available borrow from this area, vegetative cover to be provided. This sequence will be used throughout the borrow area. 2 APPLICATION FOR A MINING PERMIT 4. a. Flow wide a buffer will be maintained between any mining activity and any adjoining property or highway right-of-way? Show all Buffers on mine map(s). 50 feet b. 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 if they are within 300 feet of any proposed excavation. None. 1000 Ft. away from any permanent buildings or structures c. Describe what kind of barricade will be used to prevent inadvertent public entry along any high wall area and when it will be implemented. Access road locked at night. APPLICATION FOR A MINING PERMIT 5. Describe specific erosion and sediment control measures to be taken during mining to prevent offsite sedimentation (include specific plans for erosicn control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation. Locate and label all erosion and sediment control measures on the mine map. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. No off site drains. 6 a. Describe methods to prevent landslide or slope instability adjacent to adjoining properties during mining. Side slopes graded 3 to 1 and proper vegetative cover on slopes. b. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all slopes including specifications for benching and sloping. Slopes graded 3 to 1. c. In hardrock evacations, specify proposed bench widths and heights in feet. None 6 APPLICATION FOR A !MINING PERIMIT 7. Are acid producing minerals or soils present? Yes_ No X If yes, list all such minerals, their relative abundance and indicate their location(s) on the mine map. How will acid water pollution from the excavation, stockpiles and waste areas be controlled? S. 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 they location of all visual screening on the mine map and provide cross -sections through all proposed berms. None Berm, vegetative cover or buffer zone of trees where possible. 9. Will. explosives be used? Yes_ No X . 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. Locate the nearest offsite structure(s) to the proposed excavation(s) on the mine map. 7 ti 10, a. What. is the pre -mining depth (in feet) to the seasonal high and low ground water tables? High 5 ft. Low 10 ft. What is the source(s) of this information? Excavated or open holes. There are no wells in vicinity of pit. b. Will any part of the proposed mine excavation(s) extend below the water table? Yes No X . 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? Locate all existing wells on the mine map that lie within 500 feet of the proposed permit area. Provide data to support any conclusions or statements made. 11. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes_ No X. If yes, describe these materials and how they will be stored and show the location(s) of all storage facilities on the mine map. APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. 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. This information must be illustrated on a reclamation map. Level and grass after excavating approximately 2 acres. 2. a. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes Now_. 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. 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 on any permanent water outlets. 9 APPLICATION FOR A MINING PERMIT RECLAMATION PLAN 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. The location of the barricade must be shown on the reclamation map. None 4. a. 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. All excess overburden or organic materials will be graded into slopes and vegetative cover provided. b. Are any processing waste, overburden or other such mine wastes to be disposed of off -site? Yes No X If yes, describe in detail what these wastes are -and how they will be disposed. Attach a separate site map(s) showing the location(s) of the disposal area(s). Include all specifications for erosion and sediment control. 10 APPLICATION FOR A MINING PERMIT RECLAMATION PLAN S. a. Describe reclamation of processing facilities, stockpile areas, and onsite roadways. Any stock oiles will be moved 300 ft. from roadways, all areas to be grassed after mining completed. b. will any onsite roadways be left as part of the reclamation? Yes_ Now. it yes, Identify these on the reclamation map and provide details on permanen- ditch line stabilization. 6. State the method of reclamation of settling ponds and/or sediment control basins. Any sediment basins will be maintained as needed to prevent any damage to surrounding areas, once mining is completed basins will be removed, vegetative cover provided. APPLICATION FOR A MINING PFRMIT RECLAMATION PLAN 7. State 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 N.C. Department of Natural Resources and Community Development, Land Quality Section and either the N.C. Department of Human Resources or local governing body. There will be no scrap metal, cables, ect. stored on area. B. Indicate the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. Give desicn details including typical cross -sections of any permanent channels to be constructed as part of the reclamation plan. show the location(s) of all permanent charnels on the reclamation map. None 12 APPLICATION FOR A MINING PERMIT RECLAMATION PLAN % y. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre and general seeding instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation utilizing pine seedlings only is not acceptable. NOTE: Revegetation Plan must be approved and signed by one of the following: (a) Authorized representatives of the local Soil and Water Conservation District having jurisdiction over lands in question; (b) Authorized representatives of the Office of Forest Resources, Department of Natural. Resources and Community Development; (c) Caunty 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. LIME - RATE OF APPLICATION: 2 ton per acre FERTILIZER - ANALYSIS AND RATE OF APPLICATION: 1000 pounds per acre of 10-10-10 SEED - TYPES(S) AND RATE OF APPLICATION INCLUDING SEEDING SCHEDULE: 75 pounds per acr( 40% Bahia; 40% Bermuda; 10 % Rye & 10% Kentucky 31 MULCH - TYPE AND RATE OF APPLICATION: 2 tons mui.ch per acre if required for erosion control OTHER VEGETATIVE COVERS: 2 bushels oats & rye per acre Revegetation and/or reforestation plan approved by: Signature Date 1 1 / / /- �� U Title Agency Y&4 — -S CS V 1 3 APPLICATION FOR A MINING PERMIT RECLAMATION PLAN 30. 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 show on the site map 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. E. NOTIFICATION OF ADJOINING LANDOWNERS 1_ The "NOTICE" form or a facsimile thereof attached to this application must be sent certified or registered mail to all adjoining (contiguous) landowners indicated on mine map unless another means of notice is approved in advance by the Director, Division of Land Resources. The completed "Affidavit of Notification" attached to this application must be submitted before the application is considered complete. 14 NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, notice is hereby given that (Company Name) has applied on to the Land Quality Section, Division of Land Resources, (Date) North Carolina Department of Natural Resources and Community Development, P.O. Box 27687, Raleigh, North Carolina 27611 for a surface mining permit to commence mining of an acres located of (Mineral, Ore) (Number) (Miles) (Direction) (Nearest Town) near road in (toad Number/Name) (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 contiquous to 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) to the Department at the above address within ten (10) days following receipt of this notice or the filing of the appli- cation 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 in accordance with the Department of Natural Resources and Community Development, Mining, Mineral. Resources Regulation Title la Subchapter 5B, .0011. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address. For further information call (919) 733-4574. (Date Mailed to Addressee) (Address of Applicant) 15 APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, G/LGi.� L�t�x.C�rL-t,cLi.G�txJ C� a an applicant, or an agent, or employee of an applicant, for a Mining Permit from he N C.Department of Natural Resources and Community Development, 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: (Name) (Address)le cl) i (Attach additional list if necessary) l 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: (Nam ) (Address) 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 thF adjoining land and the chief administrative officer of the county or municipality in compliance with N.C.G.S. '14-50 and 15 N.C.A.C. 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 reques -� VP Date Signature a plicant If Person executing Affidavit is an agent or employee of an plicant, provide the fallowing information: (Name of appl' ant)Q�r� ivatisa�_ ;title Of person executing Affidavit) 1, a Notary Public of th ounty of o� :state of NortO Carolina, do hereby certify that }personally appeared before me this day and under oath acknowledged t at the above Affidavit was made by him. .,..� �UQM wi t.r,ess my hand and notarial seal, this 2 $ 1— -et*day of �9 2 0 Notary erpires: ,CAL / 16 APPLICATION MR A MINING PERMIT 1. Two copies of the county highway maps and two copies of all mine maps shall be submitted with each permit application. County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 Clearly mark the location of your mining operation on the county highway.maps. 2. Nine maps should be accurate drawings, aerial photographs or enlarged topographic maps of the entire mine area and of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following. 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. Initial and ultimate limits of clearing and grading. c. Outline of all pits/excavations. d. Outline of stockpile areas. e. Outline of temporary and/or permanent overburden disposal areas. f. Location of processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed) g. Location and name of streams and lakes. h. outline of settling and/or processing wastewater ponds. i. Location of planned and existing access roads and on -site haul roads. j. Location of planned and existing on -site buildings. k. Location of ail proposed sediment and erosion control measures. 1. 100 year floodplain limits. m. Names of owners of record, both public and private, of all adjoining land. n. Map legend: 1. Name of applicant Z. Name of mine 3. North arrow 4. County 5. Scale 6. Date prepared 7. Name and title of person preparing map Map scales must, at a minimum, meet the following guidelines: SITE SIZE (From Page 2, Al) MAP SCALE 0-99 Acres 1 inch=50 feet 100-499 Acres I inch=100 feet 500+ Acres 1 inch=200 feet NOTE: THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ITEMS 2a-n BEING ADEQUATELY ADDRESSED. 17 APPLICATION FOR A MINING PERMIT G . LAND ENTRY AGT2EEMENT 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 this Act. 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. Signature* Print Name: Title: _ _ 5%/�L /l� r Mine : 4 � II�%� ��/)-I Company: �i! /l'1�7 V 7/ *Signature must be the same as the individual who signed Page 1 of this application for a permit. Return two copies of the completed application and all maps to the appropriate Land Quality Section Regional Office serving your area. (See attached list of Regional Offices). Inquiries regarding the status of an application should be directed to the address listed on the front page of this application form. 18 --,.i lqm TO �Ui �if�l,d�x MESSAGE 15 no(,A.c, ru DATE 764r,'-7 1 ra- SIGNED SPEED kg,TERdb FROM DATE M mr- WIWI, WN REPLY ,► i4 0 - c44 mS J -- L ; l 6A }i SIGNED YiAi011... • Cmbw/r • VAM AN USA � 'p +m took RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY t ' t atVr 'State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Govemor Willam W. Cobey, Jr., Secretary May 14, 1991 'UT11Tu iRYARIFI TO: Fred Harris Chief, Division of Boating and Inland Fisheries Wildlife Resources Commission ATTENTION: Habitat Conservation Program FROM: Beth Studenberg Assistant Mining Specialist Land Quality Section RE: Mining Permit Application Mac Construction Company Beaver Dam Mine Brunswick County Charles H. Gardner Director Please find attached for your review a copy of the mining permit application for the above referenced project. Mac Construction Co. proposes to mine approximately 5 acres along Beaver Dam Creek. Clearing has occurred at this site. Please review this information and advise as to the probability of the operation having unduly adverse effect on wildlife or freshwater fisheries (G.S. 74-51 (2)). Please respond by June 4, 1991 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 and modification requests, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and offsite 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 Mr. W. J. McLamb at (919) 754-7177 to set up a convenient date and time. Your continued cooperation in the review of these type requests is very much appreciated. BUS/se Attachments cc: Mr. Dan Sams P.O. Box 27687 0 Melgh, N.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer M W.J. MCLAMB, JR.. PRESIDENT P. SALLOTTE, NORTH CAROLINA 28459 (919) 754-7177 May 8, 1991 N. C. Department of Environment, Health and Natural Resources Land Ouality Section P. 0. Box 27687 Raleigh, North Carolina 27511-7687 M f. 9UgCIn.ST�y1 tcrloiV ASPHALT PAVING Attn: Ms. Beth U. Studenberg, Assistant Mining Specialist RE: Mining Application Dear Ms. Studenberg: In response to your letter of April 29, 1991 1 have enclosed two copies of the map on the proposed borrow pit areas. In answer to your questions, we intend to use the 4.9 acres as indicated on the map. On the map we have shown a 50 ft. undisturbed buffer area adjacent to the creek. Also we have shown on the map a silt basin to collect any silt which might be caused from our excavation. You have already received our check for $250.00 which we had forwarded to you on January 9, 1991 to be used as our application fee. The check in the amount of $110.00 which we sent you on December 21, 1990 has been returned to us. Your prompt processing of this permit will be greatly appreciated. Yours truly, '. J. McLamb 'resident WJM:bje Enc. State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Govemor Wiliam W. Cobey, Jr., Secretary April 29, 1991 Mr. W. J. McLamb Mac Construction Company P. 0. Box 338 Shaliotte, NC 28459 RE: Mac Construction Company Mining Application Brunswick County Dear Mr. McLamb: Charles H. Gardner Director The initial review has been completed on your application for a mining permit for the Mac Construction Company Mine in Brunswick County. The following deficiencies were noted in the application: (1) Over the next 10 years, do you intend to mine the 10.13 acres at the site or only 4.9 acres? If more than 4.9 acres are to be mined, excavation, stockpile and other disturbed area boundaries must be shown on the mine map. (2) A minimum 50 foot undisturbed buffer must be maintained along all disturbances and any watercourses. (3) Based on our Wilmington field office's review comments, sediment and erosion control measures will be needed along the southern property lines as a minimum. Please update the mine map to show proposed measures and provide design calculations for such. In cy-der to ccnlplete thF prccf:ssir,c; rf' your applic•pt.iori, plr-r.se forward twc (i) copics a t.hc ruclucst('Ll,�irnrrat icr '`lc II.;;• �ttertion 2t the following address: Land Quality Section P. 0. Box 27687 Raleigh, North Carolina 27611 P.O. Box 27687 + Raleigh, N.G. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer Mr. W. J. McLamb April 29, 1991 Page 2 Please advise at (919) 733-4574 if .you have any questions on the above. Sincerely, �, . uhlti ( Beth U. Studenberg Assistant Mining Specialist Land Quality Section BUS/se cc: 'Dan Sams APPLICATION FOR NORTH CAROLINA PERMIT ►+ir%'��il��l'Y�;;�!�13: MININGr RECEIVED DEC?, U 1�90 LAND WAI I I r SECI-ION State of North Carolina Department of Natural Resources and Community Development Division of Land Resources Land Quality Section P.O. Box 27687 .� Raleigh, North Carolina 276I X (9I9) 733-3833 L _ rcv.3/88 I A, DEC 11 1990 NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Dine Beaver Dam county Brunswick 2. Name of Applicant Mac Construction Company 3. Permanent address .for receipt of official mail. P.O. BOX 338 Shallotte, NC 28459 *Telephone 919-754-7177 4. Mine Office Address None Telephone S. Mine Manager Earl Tharp None 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 7 &rr��-rc Print Name �� Al/ ja/Y% Title / f S/d�[- A)T *The Land Quality Section should be notified of change in permanent address or telephone number. "Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. 1 APPLICATION FOR A MINING PERMIT A. GENERAL CHARACTERISTICS OF MINE. 1. Total acreage at site covered by this permit application: Acres owned 10.13 Acres leased None Property owner if leased 2. Name of all materials mined: Sand 3. Mining method: Hydraulic Dredge Underground Shovel & Truck X Drag.line & Truck Self -loading Scraper other (explain) 4. a. Expected maximum depth of mine (feet) _ 1(i Reference elevation: b. Expected average depth of mine (feet) J 5. Has any area(s) at this site been mined in the past? Yes X No, If no, pro- ceed to Question 6. a. Acreage of previously affected land(s) at present site that has not been reclaimed: 1 acres (identify all areas on your mine map). b. When and by whom was this activity conducted? Mac Lon s_truction Company 1989 c. Acreage of previously affected land at present site that has been reclaimed: acres (identify all areas on your mine map). d. When and by whom was this activity conducted? e. Do you wish to exclude any areas noted in 5a or c from this permit application? Yes No I If yes, how much? acres (identify all areas on your mine map). 6. Present (premining) use of the land (estimate acreage for each): Cropland ac Pasture ac Forestry_ ac Fish/Wildlife ac Recreation ac other ac 7. Proposed land use after mining and reclamation has been completed (estimate acreage for each): Cropland ac Pasture ac Forestry 10 ac Fish/Wildlife ac Recreation ac other ac B. DETERMINATION OF AFFECTED ACREAGE AND BOND 1. Number of years for which permit is requested (10 years maximum) Ll 2. Total affected acreage to be disturbed during initial year of operation: 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 and onsite haul roads acres e. Area of mine excavation(s) nacres f . TOTAL a-e 4.9�acres 3. Estimate the maximum amount of land to be disturbed and unreclaimed at any one time during the life of the permit. d q acres 2 APPLICATION FOR A MINING PERMIT 4. Check acreage to be bonded*: Total affected acreage figure from B2f OR B3 (page 2) whichever is larger, equals acreage to be bonded. (See 15 NCAC 5B.0003 for bond amounts.) X 0 - 4.99 acres 10 - 24.99 acres 5 - 9.99 acres 25 + acres 5. a. Will you file a blanket bond or other security covering all of your mining operations in North Carolina? Yes— No X b. Have you already filed a blanket bond or other security? Yes_ No X 6. List any mining permits previously issued to the applicant. None C. PROTECTION OF NATURAL RESOURCES ]. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes No X If yes, briefly describe ail such processes including any chemicals to be used. b. Will the operation involve dewatering the mine or discharging fresh or waste water from the mine or plant. Yes No X If yes, briefly describe the nature of the discharge and locate all proposed discharge points on your mine map. c. If you answered yes to either la or lb, provide evidence that you have applied for or obtained a water quality permit from the Division of Environmental Management, Water Quality Section. *In lieu of the surety bond required by this section, the operator may file with the Department a cash deposit, negotiable securities, a mortgage of real property acceptable to the Department, or an assignment of a savings account in a North Carolina bark on an assignment form prescribed by the Department. The amount of land disturbed and unreclaimed at any one time must not exceed the bonded amount. 3 APPLICATION FOR A !MINING PERMIT 2. a. Will the operation involve crushing or any other air contaminant emissions? Yes No X If yes, indicate evidence that you have applied for or have obtained an air quality permit issued by the Division of Environmental Management, Air Quality Section or local governing body. b. How will fugitive dust from stockpiles, haul roads, etc. be controlled? Water Truck 3. Describe in detail the chronological sequence of land disturbing activities and reference the sequence to the mine map(s). Attach additional sheets as needed. Removal of borrow dirt operation to be contained in 1 to 2 acre area. After removal of available borrow from this area, vegetative cover to be provided. This sequence will be used throughout the borrow area. 4 APPLICATION FOR A MINING PERMIT 4. a. How wide a buffer will be maintained between any mining activity and any adjoining property or highway right-of-way? Show all buffers on mine map(s). 50 feet b. 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. None. 1000 Ft. away from any permanent buildings or structures c. Describe what kind of barricade will be used to prevent inadvertent public entry along any high wall area and when it will be implemented. Access road locked at night. APPLICATION FOR A MfINING PERMiIT a. Describe specific erosion and sediment control measures to be taken during mining to prevent offsite sedimentation (include specific plans for erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation. Locate and label all erosion and sediment control measures on the mine map. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. No off site drains. G a. Describe methods to prevent landslide or slope instability adjacent to adjoining properties during mining. Side slopes graded 3 to i and proper vegetative cover on slopes. b. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all slopes including specifications for benching and sloping. Slopes graded 3 to 1. c. In hardrock evacations, specify proposed bench widths and heights in feet. None 6 •. 1 APPLICATION FOR A MINING PERMIT 7. Are acid producing minerals or soils present? Yes_ Now( If yes, list all such minerals, their relative abundance and indicate their location(s) on the mine map. How will acid water pollution from the excavation, stockpiles and waste areas be controlled? S. 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 berms. None Berm, vegetative cover or buffer zone of trees where possible. 9. will. explosives be used? Yes_ No X . 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. Locate the nearest offsite structure(s) to the proposed excavation(s) on the mine map. 7 10. a. What. is the pre -mining depth (in feet) to the seasonal high and low ground water tables? High 5 ft. I,ow 10 ft. What is the source(s) of this information? Excavated or oven holes. There are no wells in vicinity of pit. b. Will any part of the proposed mine excavation(s) extend below the water table? Yes No X . 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? Locate all existing wells on the thine map that lie within 500 feet of the proposed permit area. Provide data to support any conclusions or statements made. 11. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes_ No X. If yes, describe these materials and how they will be stored and show the locations) of all storage facilities on the mine map. 0 1 APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. 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. This information must be illustrated on a reclamation map. Level and grass after excavating approximately 2 acres. 2. a. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes No L . If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. 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 on any permanent water outlets. 9 APPLICATION FOR A MINING PERMIT RECLAMATION PLAN 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. The location of the barricade must be shown on the reclamation map. None 4. a. 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. All excess overburden or organic materials will be graded into slopes and vegetative cover provided. b. Are any processing waste, overburden or other such mine wastes to be disposed of off -site? Yes No _X. If yes, describe in detail what these wastes are and how they will be disposed. Attach a separate site map(s) showing the location(s) of the disposal area(s). Include all specifications for erosion and sediment control. 10 APPLICATION FOR A MINING PERMIT RECLAMATION PLAN 5. a. Describe reclamation of processing facilities, stockpile areas, and onsite roadways. Any stock piles will be moved 300 ft. from roadways, all areas to be grassed after mining completed. b. Will any onsite roadways be left as part of the reclamation? Yes Now. it yes, identify these on the reclamation map and provide details on permanent ditch line stabilization. 6. State the method of reclamation of settling ponds and/or sediment control basins. Any sediment basins will be maintained as needed to prevent any damage to surrounding areas, once mining is completed basins will be removed, vegetative cover provided. 12 4 APPLICATION FOR A MINING PERMIT RECLAMATION PLAN 7. State 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 jrior written approval from the N.C. Department of Natural Resources and Community Development, Land Quality Section and either the N.C. Department of Human Resources or local governing body. There will be no scrap metal, cables, ect. stored on area. 8. Indicate the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. Give design details including typical cross -sections of any permanent channels to be constructed as part of the reclamation plan. Show the location(s) of all permanent channels on the reclamation map. None 12 APPLICATION FOR A MINING PERMIT RECLAMATION PLAN 9. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre and general seeding instructions for permanent revegetation and, it necessary, temporary revegetation. Revegetation utilizing pine seedlings only is not acceptable, NOTE: Revegetation Plan must be approved and signed by one of the following: (a) Authorized representatives of the local Soil and Water Conservation District having jurisdiction over lands in question; (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. LIME - RATE OF APPLICATION: 2 ton'per acre FERTILIZER - ANALYSIS AND RATE OF APPLICATION: 1000 pounds per acre of 10-10-10 SEED - TYPES(S) AND .ATE OF APPLICATION INCLUDING SEEDING SCHEDULE: 75 pounds per acre 40% Bahia; 40% Bermuda; 10 % Rye & 10% Kentucky 31 - MULCH - TYPE AND RATE OF APPLICATION: 2 tons mulch per acre if required for erosion Control OTHER VEGETATIVE COVERS: 2 bushels Oats & rye per acre Revegetation and/or reforestation plan approved by: ' Signature���«,✓. Date _/ 11? / y" Title Agency 13 APPLICATION FOR A MINING PERlMIT RECLAMATION PLAN 10. 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 show on the site map 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. E. NOTIFICATION OF ADJOINING LANDOWNERS 1. The "NOTICE" form or a facsimile thereof attached to this application must be sent certified or registered maii to all adjoining (contiguous) landowners indicated on mine map unless another means of notice is approved in advance by the Director, Division of Land Resources. The completed "Affidavit of Notification" attached to this application must be submitted before the application is considered complete. 14 NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, notice is hereby given that has applied on (Company Name) to the Land Quality Section, Division of Land Resources, (Date) North Carolina Department of Natural Resources and Community Development, P.O. Box 27687, Raleigh, North Carolina 27611 for a surface mining permit to commence mining of on acres located of (Mineral, Ore) (Number) (Miles) (Direction) (Nearest Town) near road in (Road Number/Name) (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 contiguous to 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) to the Department at the above address within ten (10) days following receipt of this notice or the filing of the appli- cation 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 in accordance with the Department of Natural Resources and Community Development, Mining, Mineral Resources Regulation Title 15 Subchapter 5B, .0011. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address. For further information call (919) 733-4574. (Date Mailed to Addressee) (Address of Applicant) 15 APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION i , !/ / t Wt✓ an applicant, or an agent, or employee of an applicant, for a Mining Permit from he N C.Department of Natural Resources rind Community Development, 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: ►,/PoozM _i- ' NUVA— -I of . (Attach additional list if necessary) 1 do also attest that the following individual is the chief administrative officer of the county or muni.cipaiity 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 ad ress: (NFUTle) (Add19 re f 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. '14-50 and 15 N.C.A.C. 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 reques / Date / Signature o plicant If person executing Affidavit is an agent or employee of an plicant, provide the following information: (Name of appl,.cant) `�Ma_ z?��_ iP(ter) _ ;title of person executing Affidavit)_ ��%r�cu 1;i/�.,,11 1, a Notary Public of th ounty ofL, ;;take of NorteCarolina, do hereby certify that - 7nc personally appeared before me this day and under oath acknowledged that the above Affidavit was made by him. L 0 V.�a�t VP1�i Wi krress my hand and notarial seal, this e►F-day of 1920 n j Notary h; cor,;mi�-sicln expires: 2 % I 16 APPLICATION FOR A MINING PERMIT F. MAPS 1. Two copies of the county highway maps and two copies of all mine maps shall be submitted with each permit application. County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27502 Clearly mark the location of your mining operation on the county highway maps. 2. Mine maps should be accurate drawings, aerial photographs or enlarged topographic maps of the entire mine area and of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following. 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. Initial and ultimate limits of clearing and grading. c. Outline of all pits/excavations. d. Outline of stockpile areas. e. Outline of temporary and/or permanent overburden disposal areas. f. Location of processing plants (processing plants may be described as to 1ucation and distance from mine if sufficiently far removed) q. Location and name of streams and lakes. h. Outline of settling and/or processing wastewater ponds. i. Location of planned and existing access roads and on -site haul roads. j. Location of planned and existing on -site buildings. k. Location of all proposed sediment and erosion control measures. 1. 100 year floodplain limits. m. Names of owners of record, both public and private, of all adjoining land. n. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. scale 6. Date prepared 7. Name and title of person preparing map Map scales must, at a minimum, meet the following guidelines: SITE SIZE (From Page 2, Al) MAP SCALE 0-99 Acres 1 inch=50 feet 100-499 Acres 1 inch=100 feet 500+ Acres 1 inch=200 feet NOTE: THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ITEMS 2a-n BEING ADEQUATELY ADDRESSED. 17 APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGRRFJENT 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 this Act. 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. Signature* Print Name: Title: &511),6w -f- i Mi Company:_ //Zr�_ U �� 71 D /1% _ i�D�_ *Signature must be the same as the individual who signed Page I of this application for a permit. Return two copies of the completed application and all maps to the appropriate Land Quality Section Regional Office serving your area. (See attached list of Regional Offices). Tnquiries regarding the status of an application should be directed to the address listed on the front page of this application form. 18 TO ou_ DATE SPEEDW'- TERa FROM DATE I SUBJECT AAR Li ,t}?A.t` ;`e L4kUi l G AJ L1 • f/ lflfW z_ U P f" AUAVari _ r,14t -YjUlLf—' Ca - MESSAGE a N 1466AIM5 c- afffbd CRVGS AI & ; op ritf W , NO I°i UbMf eyt� rwvf1z fl7':Chzrl2 -.DID W[ 10, 9 a i x A �k, tole cAcv, 6tlii�4r r.t .{ T Ajc ? SIGNED YllGNX%Janss • c bwAm= • WZE m u.SA REPLY SIGN SENDER, DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES t ! 1 ` �. i � I 1 1 � { e ' � < ' i 1 1 _ ' � � ' 1 ' � � � � h � 1 ..1 ' r , 1 1 � 7 � ! .' 1 � � , � 4 • � r ; � I i— � i � i - k. � � � .. � _ � ' . � _ _ � — �. �_ , ' _� �• . � � �_.. r � .+ r ' � _a 1 ' , i I .r ' � } � �. t � . . � r � y � � , • - � F � ', i � ► 1 � _ � ' 1 � � � ' j MEMO. TO: _(,i✓ DATE: SUBJECT; �IAV6),Z � Y&�� to/ 1�gI4;4j- zb Ik aOi�-q4u-iL J"�`' d.sT� v�.. North Carolina Department of Natural y Resources &Community Development w. January 18, 1990 MEMORANDUM TO: Beth Studenburg, Assistant Mining Specialist FROM: Daniel Sams, Wilmington Regional Engineer l RE: Mine Application Reviews Beaver Dam Minim Application, Brunswick County - This permit has been reviewed by our office and we do note some deficiencies. We had trouble locating the site with the enclosed vicinity diagram, so we request that a ? D.O.T. map be used to locate the site. The proposed mine site has a steep slope along the southern edge of the existing clearing, that may tJ`r 7 become a source of sheet flow erosion into Beaver Dam Creek. The site plan should better reflect site conditions and provide adequate erosion and sedimentation protection. Our visit to the site assures that no houses are in the general area of the proposed pit, but the plan submitted does need to list adjoining properties and clarify their existing use. TriCounty Sand Pit (Permit No. 85-04), New Hanover County - Mr Eddie Lewis with Beau Rivage Plantation has requested release of his mining permit bond. We visited the site and concur that the pit has been adequately reclaimed to approve the lease of bond. DES I cnm MAC CONSTRUCTION CQMPANY. P. O. BOX 338 SHALL07rE. N. C. 28459 JLG 0 990 TO Mr. Daniel Sams, P. F. _ rightsville Avenue l'�i!'t•iU�; EOiVL Drfi Wilmington, NC 28403 GENTLEMEN: WE ARE SENDING YOU U Attached ❑ Under separate cover via F� Shop drawings ❑ Prints ❑ Plans U Copy of letter ❑ Change order 0 -d1E1Tc'1EQ @IF TURSEUVIMAd DATE December JOs NO 13 1990 ATTENTIoN IRE. ApplicatJon ❑ Samples COPIES DATE NO. OESCRIPTION 1 Forms for application for mining permit THESE ARE TRANSMITTED as checked below: kf For approval ❑ Approved as submitted For your use ❑ Approved as noted IJ As requested ❑ Returned for corrections CI For review and comment I-J ❑ FOR BIDS DUE 19 REMARKS the following items: ❑ Specifications ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: State of North Carolina Department of Environment, Health, and Natural Division of Land Resources James G. Ma rdn, Governor Wiliam W. Cobey, Jr., Secretary Dear. 0. VkM2 We are in receipt of your: haH(Ir_' e&. I q q0 Resources Charles H. Gardner Director Mining permit application for aL _&(W 4,4V% Q.�tr4k M A t, Mining permit modification for Mining permit renewal for We regret that we cannot begin processing the above materials until we have received the necessary fees 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 5B.0012. PIease remit by check or money order_hl payable to the North Carolina Department of Environment, Health, and Natural Resources. DO NOT SEND CASH. Payments should be mailed to: Attention: Beth Studenberg Assistant Mining Specialist Division of Land Resources North Carolina Department of Environment, Health, and Natural Resources P.O. Box 27687, Raleigh, N.C. 27611 Full payment must be received by this office within 30 days or your materials will be returned unprocessed. A copy of the fee schedule as adopted by the North Carolina Mining Commission is attached. The section pertaining to the -materials that you have submitted has been highlighted. See the fee schedule for further explanation. If you have any additional questions, please call our office. cc: 1w �t attachment 10,90 P.O. Box 27687 6 Raleigh, N-C. 27611-7687 • Telephone (919) 733-3833 An 8auat Oonortuntty AiRm%adve Action Employer North Carolina Department of Environment, Health, and Natural Resources, Division of Land Resources, Lend Cluality Section MINE INSPE(UNPERCTION REPORT a ED MINE) ✓4, 1. OPERATOR,f'�7f/C 2. COUNTY3. CAS 4- LOCATION: /U( !� �/G =f • 5 . fir + ! r7,=i', '�, r I rr l • 3 f i.� / ' r r ir'1 i �Sr � , J" � - 5. PERSON (S) CONTACTED AT SITE: y4 to I-O6ir 6. TYPE INSPECTION: A. Initial inspection r u 17 F-v —t 140" 1- c 4 A'rt r 'j fir 01"w 1. Size of affected land:_ - ac. (attach sketch map) 2. How was this area measured ? 6 4, r r f Measured by: (I of f77r 14- r ❑ B. Follow-up Inspection 1. Date of last inspection / 1 2. Any mining since that date ? ❑Yes ❑ No If yes, cite evidence of such raining activity 7. Pictures taken ? [V Yes ❑ No Taken by: ('l� +G l i"? i'f ,- 1 8. Was mine operating at time of inspection ? ❑ Yes No If yes explain. 9. Is there any off -site damage ? A. ❑ Yes B.,] No C.�Q None observed If A, describe the type and severity of the damage: If B or C, is there potential for offshe damage ? Q Yes ❑ No Explain r 'S r Me, J'_r A r4r 10. Corrective measures needed and / or taken: err 314 tr r Tr 1.7d r .Pt ''-heil r f fT 'J LI d-u'I,.t.f", <r fl�._�„ 1..,� �A") o /At r" r ft7T/� [, r �: ,. /(f-n., r.., �,1/7 f Pr 1., �I'1 %� r Cf� v Z�! r.l-,_ ! i J .r „� ; - .. rr 1, o �i of, Gz ,. ; A"V 11./Other comments: rct: r' 'Or.:rr r/r:�I tfr�r r�_r r.t�,L( .rft".(ffla. lt.wtir.11� )I �n (.rl> /{'•r,-u ll rt i %r�rrr..�. N•• r�'� Yrl,� r,��-r3lwrd��-).c� �71I' r'� �..n til•'� r K %�C/-gar ,r?t'C.rC.� [.t 1CC't- .L) c yy Cr} 12. No, of additional pages of Inspection Report I) 13. Copy of Report sent to operator 1 I INSPECTED BY: [ DATE: 1 I_Z1e7l White raspy to file Yellow copy to operator Pink copy to Mining Specialist ul En E =M*-, I North Carolina Department of Environment and Natural Res T B 101999 Division of Land Resources, Land Quality Section lull (PERMITTED MINE) 1. MINE NAME CcV•L 2. MINING PERMIT # l7 - S 3. OPERATOR bra ' /frt r�_¢ . Ko. /70. M&XaArl rL) 4. COUNTY_._! 5. ADDRESS :), 9. 134 A I T-7 5 1, 41dIle itJ( -;i ? 6. PERMIT EXPIRATION DATE /A - a / - _21' , l 7. RIVER BASIN 8. Person(s) contacted at site eU 6 r,1-u it 9. Was mine operating at time of inspection? ❑ Yes _Q-No 10. Pictures? 11. Date last inspected: 5 /�.)/ % 7 12. Any mining since last inspection? 13. Is the mine in compliance with the Operating Conditions of the Permit? J:�'Ye If no, explain: ❑ Yes 0'No .2- Yes ❑ No s ❑ No 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 ❑ No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 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 I I 20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator. 3 / a / iri (date) INSPECTED BY:F,t. t� J' _ DATE � Telephone No: ('e?ld • __ Ci c �j - White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 J npzu EC VI g ivurvl %, r llna ueparu-nem or trmroomem Heann, ana Natural FiesqurrAY 2 8 1997 1 Division of land Resources, Land Qua* Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME G i 2. MINING PERMIT# /() - -,7 a 3. OPERATOR tt �t c!7' k"'r. . 6e c , lc�, ►2l c '�iir,,� 4.0,0 4. COUNTY3t"-ztjbk 5. ADDRESS r. , ' �;� ' ! llr.t r• i)C �-i 6. PERMIT EXPIRATION DATE/6-fit - eer,,/ 7. Person(s) contacted at site �, ,- n -!o ie 8. Was mine operating at time of inspection? ❑ Yes 7ko 9. Pictures? ❑ Yes 0 No 10. Date last inspected:_!e,/_/J/g& 11. Any mining since last inspection? [2'Yes ❑ No 12. Is the mine in compliance with the Operating Conditions of the Permit? p'Yes ❑ No If no, explain: 13. Is the mine in compliance with the Reclamation Conditions of the Permit? Yes ❑ No If no, explain: 14. Did any of the above deficiencies result in offsite damage? ❑ Yes ❑ No If yes, describe the type and severity of the damage: 15. Corrective measures needed andtor taken: 16. Other recommendations 1and comments:/ -c 1•tU.•(.{.[.4e' G.. � 1�/r�, � �"f.+1 Jk C,r._c_r•f �_',CL4JL.e� ,�d./lrMrt-au�w4-�-u f.�.�T lye :'L6C•�C1lf;k•(,.�51-�-.-, - �- - 17. Is the Annual Reclamation Report +1- map accurate? IYes ❑ No (Explain) ❑ Not Reviewed a 18. Follow-up inspection needed? ❑ Yes 240 ' ' Proposed date_ i 19. No. of additional pages of Inspection Report <) 20. Copy of Report sent to. operator 'S i 7�? (date) INSPECTED BY:" �r- �- e. 77. t c (. __DATE / 2 a 7 Phone No: ( �P%c - ) �39vy White copy to file Yellow copy to operator Pink copy to Mining Specialist 9191 North Carolina Department of Environment, Heahh, and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT X E C PERMtiTED MINE � ( } BA 1. MINE NAME_'' ;�-i = 1 n .�] &1.- t,r 2. MINING PERMIT # '�EB 1993 3. OPERATOR 'Yl -, r 't . ./r r_,r fy'-I K :. _4. COU TY1 5. ADDRESS s ik rj .'r 4� t 1, (rti..a_ ��r,- I? . .,L : 1 :,, r1,. l n r _ ITY S 6. Person (s) contacted at site I. ! 7. Was mine operating at time of inspection ? E3Yes ©` No 8. Pictures ? ❑ Yes D •No 9. Date last inspected: / / t 1 • r/ ❑ 10. Any mining since last inspection ? Yes 0 No 11. Is the mine In compliance with the Operating Conditions of the Permit ? Yes ❑ No 11 no, explain: 12. Is the mine in compliance with the Reclamation Conditions of the Permit ? 0-Yes ❑ No If no, explain: 0:0, 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: 15.Other recommendations and comments: 16. Is the Annual Reclamation Report + / - map accurate ? 011(es ❑ No (Explain) ❑ Not Reviewed 17. Follow-up inspection needed ? ❑ Yes E]'No Proposed date I I 18. No. of additional pages of Inspection Report �` 19. Copy of Report sent to operator�l_�/l =; (date) INSPECTED BY:,- 1 �� s�</ _ DATE: 1 Phone No: ( ) White copy to rile Yellow copy to operator Pink copy to Mining Specialist aee XF lil North Carolina Department of Environment, Health, and Natural Resou s - Division of Land Resources, Land Quality Section �• MINE INSPECTION REPORT (PERMITTED MINE) .AND QUALITY S�' TI 1. MINE NAME il,; r �A�! , "1. _2. MINING PERMIT #_ f[ _ 7.S 3. OPERATOR A*ee r'.� ,- 111,r. If'. ! /ff- l fr Rh 4. C0UNTYk i'-ez n cn_c 1r 5. ADDRESS �� i. ' r� S ' 4 r 6. Person (s) contacted at site AJ,, rarer tsrr , C 7. Was mine operating at time of inspection ? ❑ Yes E No 8. Pictures ? , ❑ Yes No 9. Date last Inspected: Al�l%7 10. Any mining since last inspection ? © Yes ❑ No 11. Is the mine in compliance with the Operating Conditions of the Permit ? R]•Yes No It no, explain: 1. / /FX• 1 r/.M / iY•,'irr�7-f!f..J A 144 -!_!it 0"1'j-yi-_ .1 1, f,'` 7'"_, r. /4 ' 7rf 01` t'l z-..r 1 — % �1 vf�I7y I -- -- mot` rY . / n..a F 7. 1 r�. . J<r� ., .y .-. !".1 r+ . e!� J r-7:.--1.•rT"'7...s !' f' // w..-•• .. 12. Is the mine in compliance with the Reclamation Conditio S of the Permit ? ❑ Yes ❑ No If no, explain: J1 f(�.- 13. Did any of the above deficiencies result in offsite damage ? aYes ❑ No If yes, describe the type and severity of the damage:[. r`. Fr �T -t 7 /f i I �i, mar A.f r 7/Y'� �r� / r'�.�r �i: C'�" � ,"✓1• _ i' +! !-*i�__[ , ai' !. 14. Corrective measures needed/and / or taken: -r f , A, 14 .. z 15.Other recommendations and comments: r V 16. Is the Annual Reclamation Report + / - map accurate ? ❑ Yes ❑ No (Explain) ❑ Not Reviewed %.l it Cf�Ars•.•,.a•ii-� 17. Follow-up inspection needed ? t Yes [] No Proposed date 1 I 18. No. of additional pages of Inspection Report r'-� 19. Copy of Report sent to operator / - 1 Z 1 f! (date) INSPECTED BY: / ii-lam" I1 lDATE: Phone No: e White copy to rile Yellow copy to operator Pink copy to Mining Specialist am 0/P 11N North Carolina Department of Environment, Health, and Natural Resources, Division of Land Resources, Land Quality Sectio52, Ur CC MINE INSPECTION REP®RTAFK 4 1 �1 (UNPERMITTED MINE) l� U Q typl.i l Y SLOW 1. OPERATOR )(—,-(Q 2. COUNTY_,,�f ir 3. CASE # 4. LOCATION: r r ) I! ' . l✓`ll !_� C., f, + /.:. i� 1 r .!, fI r 5. PERSON (S) CONTACTED AT SITE: _i1 n •� -.. f� 6. TYPE INSPECTION: A. Initial Inspection 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured ? Measured by: 1z�/j B. Follow-up Inspection ✓ 1. Date of last inspection �l�l� 2. Any mining since that date ? j�� Yes ❑ No If yes, cite evidence of such j II mining activity tl 3 /1 f 1'r�.-� / !1 � /r•/ f 1 ( `. _."Y1 I ( f r'� r7) � / (C-_11r. /✓tf '�t(.. ter:•' {,(�_ Aix0 Alert �r,it�r/r/�Fl riAl�iJil�rlr ;r� p�l t�7(LC� 7. Pictures taken ? Yes ❑ No Taken by: r` r� !'�t c �, •yr�ri% B. Was mine operating at time of inspection ? ❑ Yes No If yes explain. 9. Is there any off -site damage? A. ❑ Yes B. ❑ No C. None observed It A, describe the type and severity of the damage: It B or C, is there potential for %off site damage!? `�,.Y`es No Explain1-47 r1✓ ..1 T1 '7f �/r•� ''l /'L /!• �/ L� (�.( 10. Corrective measures needed and 1 or taken: 11. Otherfcomments: 7, - .ar?.a.s .i' A'1 a. :� �, 1/"t r '•' 12. No. of additional pages of Inspection ReportA 4) 13. Copy of Report sent to operator I 1 INSPECTED BY: K' et �1' �Gc.cr DATE: t I 1 White copy to rite Yellow copy to operator Pink copy to Mining Specialist wag