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10-29_1_Redacted
Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY December 1, 2017 Coastal Land and Sand Company LLC Coastal Land and Sand Company LLC PO Box 567 Fairmont, NC 28340 RE: Mining Permit No. 10-29 Weldin Todd Mine Brunswick County Dear Coastal Land and Sand Company LLC: ROY COOPER Gotrrn(7r' MICHAEL S. REGAN Secrerar> TRACY DAVIS Da ec !or 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 $50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Wenner, Assistant State Mining Specialist, or me at (919) 707-9220. Sincerely, William "Toby" Vinson, Jr., PE, GPM Interim Director, DEMLR 'ilalt -,!NInIli Gi:I LIi, ' I_'i.i1-i:i•i- iI., L - : .fiII[rd,uIJL.iiidRr'•tnn,a�'s '312 IC Sal Iishu r% St rc;t IoI-' \OoiI' • r� ICt �cn D:•f i 1, _ie,)cA Iql? '40 70i CQ010 Wehner, Judy From: Davis, Tracy Sent: Wednesday, July 16, 2014 2,23 PM To: Floyd Williams Cc: Boyer, Janet; Wehner, Judy; Sams, Dan; James, Trentt Subject: RE: Request for Extension - Ike's Mine - Mine Permit 10-30 - Brunswick Co. Floyd, Based upon your request, the deadline as noted in my prior email below has been extended to close of business on Friday, August 15, 2014. Thanks, Tracy From: Floyd Williams[maiIto: floydwilliams1@gmail.com] Sent: Wednesday, July 16, 2014 5:37 AM To: Davis, Tracy Subject: Re: Request for Extension - Ike's Mine - Mine Permit 10-30 - Brunswick Co. Tracy, After I got back to working on the response to the additional information request letter, I have run into a problem connecting the last approved mine map for Mine Permit 10-30 ( Ike's Mine), and the map I submitted to the Mining Program with what the GIS maps for Brunswick County indicates for the mine site. To get it correct I will need to go back to the site located near Shallotte, review the site and maps in the held, get back with my AutoCad Lady in Greenville to make necessary revisions to the map I submitted to the Mining Program, and then resubmit. I will be out of state next week for a planned vacation with my Son Kyle and Granddaughter Gracyn. Thought I could get it done by this Friday (JulyI Sth) , the extension I asked for which you approved but 1. can't. If you can, please extend the duly 18th extension to Au ust 15th. I would greatly appreciate it. Thank you for your consideration regarding the additional extension request. Thanks, Floyd. On Tue, Jul 15, 2014 at 5:44 PM, Floyd Williams <floydwilliamslr'cr�,gmail.com> wrote: Thank you Tracy! Sent from my iPhone On Jul 15, 2014, at 11:30 AM, 'Davis, Tracy" <tracy.davis@,ncdenr.gov> wrote: Your request for an extension of the 180 days to respond to the Division's request for additional information on this pending modification is approved. The new deadline for a full response to the outstanding issues is close of business Friday, July 18, 2014. Thanks, Tracy From: Floyd Williams [mailto;floydwilliamsl-@c]mail.com] Sent: Tuesday, July 15, 2014 10:27 AM To: Davis, Tracy Subject: Request for Extension - Ike's Mine - Mine Permit 10-30 - Brunswick Co. Tracy, Near the end of October of 2013, a letter was mailed to Mr.Glen Norwood Williamson requesting additional information regarding request for modifications for the above referenced Mine. The modifications were to revised the mine map to show a lay down area and to show a permitted 2 acre LCID that is located within the mine permit boundary. I put this on the back burner and with the situation going on with my personal life that is still going on, while going through a stack of files, and realized yesterday that I had not responded to the letter requesting additional information. I am working on the response today but the 180 days have passed. By way of this e-mail, I am requesting that the time be extended to this Friday, July 18, 2014. 1 will have the response in by then. Thank you for your consideration regarding this matter, Floyd 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 December 7, 2011 Ms. Joyce Blanton 846 Hames Ridge Road Mooresboro, North Carolina 28114 Dear Ms. Blanton: Beverly Eaves Perdue, Governor Dee Freeman, Secretary This letter is in response to your complaint received via telephone on August 2, 2011 regarding possible impacts to your well as a result of the mining operations at Henrietta Quarry (mining permit no. 81-09) in Rutherford County. Based on the information provided to this office by you, the mining company, and the Division of Water Resources, it has determined that the problems with your well appear to be caused by drought conditions and not by the nearby mine. Thank you for your interest and patience in this matter. Hopefully I have answered your concerns adequately. if you should have any additional questions or concerns, please contact me at (919) 733-4574. Sincerely, 1) C � . Ashley L. Rodgers Assistant State Mining Specialist Land Quality Section cc: Ms. Janet Boyer Ms. Shawna Riddle, ARO 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 I FAX: 919-733.2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:hltpalwww.dlr.enr state.nc.uslpagesllandqualitysection.html An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled / 10% Post Consumer Paper Rodgers, Ashley From: Nat Wilson [nat.wilson@ncdenr.gov] Sent: Tuesday, December 06, 2011 10:21 AM To: Rodgers, Ashley Subject: Re: Well Complaint - Supply, NC Ashley, This is the other area of the state where drought has been a problem this year. The fact that they are using a surface mounted suction pump which is not able to pump water (loses prime) is very typical of a drought related problem. I wouldn't expect the sand mines to pose a problem at those distances. Nat On Nov 8, 2011, at 4:43 PM, Rodgers, Ashley wrote: Nat, Please see the attached well complaint. The residence is near several mines, but according to our inspector only one has been pumping. Let me know if you need anything additional from me. Thanks, Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 733-4574 (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. From: Lambe, Brian Sent: Tuesday, November 08, 2011 2:13 PM To: Rodgers, Ashley Subject: RE: john hankies I don't really think these Forms solved any mysteries. There was only one pump operating. From: Rodgers, Ashley Sent: Tuesday, November 08, 2011 12:46 PM To: Lambe, Brian Subject: FW: john hankins Don't forget about this complaint! I'm going to be out of the office starting tomorrow until Monday. if you need me for anything, give me a call today or next week! Thanks, Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 733-4574 (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. From: Lambe, Brian Sent: Friday, October 21, 2011 1:03 PM To: Rodgers, Ashley Subject: john hankins I have not got into the mines down here yet, so I am not sure of the status of each one. Here is a map of the ones mentioned. Brian Lambe Enviromenta! 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. <DOC110811-003.tif><toddweldin.jpg> E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 A Rodgers, Ashley From: Rodgers, Ashley Sent: Tuesday, November 08, 2011 4:43 PM To: Wilson, Nat Subject: Weil Complaint - Supply, NC Attachments: DOC110811-003.tif; toddweldin.jpg Nat, Please see the attached well complaint. The residence is near several mines, but according to our inspector only one has been pumping. Let me know if you need anything additional from me. Thanks, Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 733-4574 (91.9) 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. From: Lambe, Brian Sent: Tuesday, November 08, 2011 2:13 PM To: Rodgers, Ashley Subject: RE: john hankins I don't really think these forms solved any mysteries. There was only one pump operating. From: Rodgers, Ashley Sent: Tuesday, November 08, 2011 12:46 PM To: Lambe, Brian Subject: FW: john hankins Don't forget about this complaint! I'm going to be out of the office starting tomorrow until Monday. If you need me for anything, give me a call today or next week! Thanks, Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 733-4574 (919) 715-8801 fax N a E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lambe, Brian Sent: Friday, October 21, 2011 1:03 PM To: Rodgers, Ashley Subject: john hankins I have not got into the mines down here yet, so I am not sure of the status of each one, Here is a map of the ones mentioned. 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. Rodgers, Ashley From: Lambe, Brian Sent: Tuesday, November 08, 2011 2:13 PM To: Rodgers, Ashley Subject: RE:: john hankins Attachments: DOC110811-003.tif I don't really think these forms solved any mysteries. There was only one pump operating. From: Rodgers, Ashley Sent: Tuesday, November 08, 2011 12.46 PM To: Lambe, Brian Subject: FW: john hankins Don't forget about this complaint! I'm going to be out of the office starting tomorrow until Monday. If you need me for anything, give me a call today or next week! Thanks, Ashley Rodgers Assistant State Mining Specialist NCDLNR Land Quality Section 1612 Mai! Service Center Raleigh, NC 27699 (919)733-4574 (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. From; Lambe, Brian Sent: Friday, October 21, 2011 1:03 PM To: Rodgers, Ashley Subject: john hankins I have not got into the mines down here yet, so I am not sure of the status of each one. Here is a map of the ones mentioned. 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. WATER LEVEL COMPLAINT OUESTJONNAIRE Complainant(s) Name & Phone No. (if available); 'j'nho ' q 10 - - J 1 i F6r (4-0 aD &- ckjqC U is 165 Area of Concern (well, pond, wetland area?) with Distance and Direction from Mine:�1C11 LOW How long has complainant(s) been familiar with the Area of Concern? w e O 4-w ( S i o cc b5, r, �pr�610)'S 01-r e a v e s e.>,.,f 441'i n$; Area of Concern History (total depth of well, water level decrease, depth below normal, timefrarne, etc.): aX ! -qD' S 7 (_ os•t -. gv .et ou-p d, OQW H-,.a L -d) C(.t'dn `4 Ii? A i-1j✓ Nxo cgo-cfS ; ?p a m r n hoL4 SA •'1,_a A-01 1 ? D ) he J rnb 1 o, 6 _J ? O bc.d has Pr-c sw -tQnk to ga.cAt&C Cb(Ajx(..= 4 (A;0� r•ecc [ tw e. Other possible water users in the vicinity (industry or potable water sources, other mines, etc.) 4- C9�'I iyov. n.t�m� CrC�t1G Ca�f 1� r �r V�cts rx��r ': haIP tr 01 S b ylu i b 4 i n, i I flu a Cid ICU( �l m)a� Ck.'Fc.Ic i'1,.j ty s c i CS0-rlcl ti ' -b (�J'u�np aye zv Recent weather conditions: i/ � ram. d (3,,, a 6t4 a rQ:�-, Any other comments/concerns (soil type, etc.);__ �4e�ld�� Todd G;�OLA4-t�]a�G� h(o�, �n�� �t ben rYi; ) \A w1 � I c t l n f' b,034 rn 4S CtW '-h -P CMI l 1-1 6t S P LA4-C 4-LJ.V-r Q v-e rn 1 yv.3 i V, 0—U, QUESTIONS FOR_OPERATOR Operator Name & Phone No.: II)IM,. ! IA to - S77 Permit No.: Mine Name: IV L County: � <3rJ�tdlrLl _ River Basin: LUMS 2 _ Closest natural water source (lake, stream, wetland) and direction from site? ITOW QAfc SPJ# P 049.r0 )kh rr, RdX s Q tas Total number of pumps iD pit: �_ _ Number of pumps operating in pit: d hnp:tlwww dlr,enr,state.nc.usllgsintemal/LOn+inesoComplaint Forms/water level complaint -I 20100830A)c 1 Location of pump(s) in pit: (ex: NW corner of pit, SE of scales, etc.) N14 1. 2. 4. Purnp(s) size and rating; Pnmp(s) discharge rate: (indicate gprn or gpd, etc.) 3. 4. 1. ---' 2. 3. 4. Depth to water in pit and location of measurement(s): P, - y w General description of dewatering operations (how often, point of discharge, cycle of flow): Depth to water in on -site well(s) (indicate well # and measurement): WO Lye 11 &' s t __ General topography of the pit and surrounding Any additional comments (any other ponds in the area, general water level in ponds): .1 QG l R_ AD oY>, i Inspector's Name: Lr#j 1,1,413l Date: l! !, Please return completed questionnaire to the Central Office — Mining Program. 'thank you. Rev. 5/27/2003 hnp:llwww.dlr eiv.stair.nc.usllgsintcmai/LQ_mines,Complaini Formslwaw lcvet comptalnt-1 20100R3o.doo 2 WATER LEVEL_ COMPLAINT OUESTIONNAIR)E -fay Po"W A - lca�o0c) ylo- Complainant(s) Name & Phone No. (if available): i rt Uqb l:; g C x U-n c0 z' (A-M c u i.S I oS Area of Concern (well, pond, wctla.nd area?) with Distance and Direction from Mine: We// e NqUAWKW MIAGOMM How long has complainant(s) been familiar with the Area of Concern? w O v ( S;o cc 730S bc,4 o OL Y e a Y e UA,) 4- ; r> $ Area of Concern History (total depth of well, water level decrease, depth below normal, timefranne, etc.): eo' 1'J �70' 3 7 (— asi ti co-W +N ou�t'B- oui-f H-)o L-V) 1ni Pf� Zw4 i n Q S L d - Cie), p 14-76 f'k:a,,. PLor� 3_ n s�J -f'x 4 Cd- 6L,�6 l r hP-a rn hQN ' & a hays Fri stNt fiQtnY w! $ ' Cb(Ad�a1iYFp(uCA ham- �* Other possible water users in the vicinity (industry or potable water sources, other mines, etc.) a- (5i.51 � ra v, p.l�.rhp C+~4-CIG-�i CA�i � i -r '1--�na Was r.e,�U-mil •; ha�;� bY.�p61s�., 1 0 S bYrU- )b .r ti " ur�Yaa- G1n�d� i,.� tL s - Inin. h+ o cii CL �ls•c p � c s c� n � �' � p u.n,p a t� �• Recent weather conditions; � o n a 64 <a (,t Any other commentalconeerns (soil type, etc.); �j \ I- - 1, nil FW oU,� Y i i l 1 a` f Q l �R _ S I'1 `i� 11 1&qjE bak] rYtl' ham! � r-n o c . fy, -�tLm i I s _ �-i. c��.� a a 1'Y+- i rug i r► O-+'•C0� QUESTIONS FOR OPERATOR Operator Name & Phone No.: Wk, 7add 910.# $ •r 2 - rp ys— Permit No.:�_ Sr Mine Name:' f County: VS w r t k Itiver Basin: ;-1. L4,— Closest natural water source (lake, stream, wetland) and direction from site?fo�JQw Total number of pumps in pit: O Number of pumps operating in pit: 0 h1tpJ1www,dir,enr.atsiane.usllgtlntamnl/1QmineslCompiakctlFomn/water level wnipiainl•120100830.dw 1 Location of pumps) in pit: (ex: NW corner of pit, 5E of scales, etc.) o� i. 2. 3. 4. — Purnp(s) sjze an rating:-- 3. 4. Pump(s) discharge rate: 1. (indicate gpm or gpd, etc.) 2. 4. Depth to water in pit and location of rueasurement(s): U44r&o& „vol-k General description of dewatering operations (how often, point of discharge, cycle of flow): r 2 Depth to water in on -site well(s) (indicate well # and measurement): Nwu General topography of the pit wid surrounding area: & Mp to P. VogA Any additional comments (any other ponds in the area, general water level in ponds): Inspector's Name d / P91J L e -W a i_ Please return completed questionnaire to the Co ral Office — Mining Program. Thank you. Rev. 51=2003 http:llwwwAr ear.slate.nc.u511gsintema]/LCZmines C omhloint Fomtslwnter level complaint -1 20100830.doo 2 Date: WATER LEVEL COMPLAINT QUESTIONNAIRE Tak PaYW 4 - )U9()Co ('0 0, Complainant(s) Name & Phone No. (if available): j'n7 rr Naha _ _ �-f o - 351? -_ 31q& hrr (-[-br can cue) &- ctklco fs 165 Area of Concern (well, pond, wetland area?) with Distance and Direction from Mine._ Well How long has complainant(s) been familiar with the Area of Concern? w !9 4-t--cV ( S I") c< SUS, �e.�-gprel7�m5 oxVc 0' ye+W ng Area of Concern History (total depth of well, writer level decrease, depth below normal, timeframo, etc,): J-ietl p L,,A- i,i _4 s k-u of :11 rk a.4 H,70 ,Ql'_ 1�.7 G�°�''3 .r � -ya g cd' 11L 26 dd L7'4 MC),2;-tUv r;,jo CaL,4-JE ; ho oykA j , haute - f(,,b no) as -Coe ��r /o dcjs J:�Ico 1 ? o h he a r-')hvwcr ' 'iw t 6 & o bc.Cl Ff t1r�, i hag Pvt 5L&I< tOLr7 k ra / $aAAe (b j & (L; d' r ep(A cc Other possible water users in the vicinity (industry ox potable water sources, other mines, etc.) a- g �} C9-s•1 l rb r n L�'-mf Cr o-cki- cl t n ') was r is n o f SCxb' YYl Z" I bl, O u •rr, 0 - 01 n r 5Cn � r , (AA111, i (i'k O.r» t„s'. (j Aj i n ijs n — a-4-t.� p I ua•n b-t� Ckl p- ac i V-)+et0'fl Recent weather conditions: W Q,y " . OJP d Any otherconimcnts/concei7ss (soil type, etc.); 1J� din 7040 i� � n 1.1 i �► %ice b u (YI ru! � +-fL + cip kos+ moS O�.l #u -ftam ij� Qt SQuf C c,v c a,o a T:tk'.) rniF\�5 r`Vq QUESTIONS FOR OPERATOR (?/o-&2B-VS93A)/ 9r0-7Yo-91z9 Operator Name & Phone No.: Q q u LA P n f gntau ComPrttoX_Lt, C , T-Acxsox, �x PerrnitNu,: to-Z-1 Mine Name: Coasrrc ZovvP'-VoA,.�rvof&.,t2 CLC 101nr County:��9+Jre,r _ River Basin: Closest natural water source (lake, stream, wetland) and direction from site? Wet f,1,43g— p, Total number of pumps in pit. I Number of pumps operating in pit: I- iutpalrvww.dEc.cnrs�ate.nv.usllgsl,tlenial/LQminesCotnplallit Forms/water level compinint •120100830.doo 1 Location of pump(s) in pit: (ex: NW corner of pit, SE of scales, etc.) I. %d corner %JzsJgrA &11 info rct taA,trrcl�r�na.frow a r 3. Pump(s) size and rating: Pump(s) discharge rate; (indicate gpm or gpd, etc.) 4. 2v 1. �! 2. 3, 4. 0 Depth to water in pit and location of measurement(s): 3D l — to' 2. 4. General description of dewatering operations (how often, point of discharge, cycle of flow): Depth to water in on -site well(s) (indicate well # and measurement): Pa W-Py o� srtt General topography of the pit and surrounding area: srt .E go' r,,A fF&4,os h_ !a' 0.7, Any additional comments (any other ponds in the area, general water level in ponds):_1;l,ute n A.,d Inspector's Name: Picase return completed questionnaire to the Central Office — Mining Program. Thank you. Rev. 3/27/2003 hrtp://Www.dlr.cnr.state.uc.ualigs(ntrmeVLQminosXomplabit Norms/water level complains-120100830.dou 2 Date: 1/h�// I r - Rodgers, Ashley From: Rodgers, Ashley Sent: Tuesday, November 08, 2011 12:46 PM To: 'Lambe, Brian' Subject: FW: john hankins Attachments: toddweldin.jpg Don't forget about this complaint! I'm going to be out of the office starting tomorrow until Monday. If you need me for anything, give me a call today or next week! Thanks, Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 733-4574 (919) 71S-8801 - fax E-mail correspondence to and from this address may be subject to the North Carahna Public Records Law and may be disclosed to third parties. From: Lambe, Brian Sent: Friday, October 21, 2011 1:03 PM To: Rodgers, Ashley Subject: john hankins I have not got into the mines down here yet, so I am not sure of the status of each one. Here is a map of the ones mentioned. Brian Lambe Enviromental Specialist NCDENR - Division of Land Resources - Land Quality Section 127 Cardinal Or 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. Rodgers, Ashley From: Lambe, Brian Sent: Friday, October 21, 2011 1:03 PM To: Rodgers, Ashley Subject: Google Earth Image Attachments: GoogleEarth_I mage Jpg I have not delved into the mining as of yet. Here is the map of the mines mentioned, Google Earth Streams the world over wired and wireless networks enabling users to virtually go anywhere on the planet and see places in photographic detail. This is not like any map you have ever seen. This is a 3D model of the real world, based on real satellite images combined with maps, guides to restaurants, hotels, entertainment, businesses and more. You can zoom from space to street level instantly and then pan or jump from place to place, city to city, even country to country. Get Google Earth. Put the world in perspective. (http://earth.google.com) 1 rim a rt Vl Q TT • _ N . o CL " Z a c CL - : rx VCZ) to„} a — 7 } 00 Green-Swarnp.Rd,NW"' Ch. cp 0, ? 0' . n O O o S � COO), rn Rodgers, Ashley From: Sent: To: Subject: Attachments Rhonda and Nick, Rodgers, Ashley Tuesday, October 18, 2011 11:55 AM Hall, Rhonda; Mills, Nick Well Complaint - Brunswick County D00031411.pdf Please see the attached well complaint form. I received the complaint from Mr. John Hankins on behalf of his uncle, who is 105. The address of the home is 322 Big Macedonia Rd, Supply, NC (tax parcel ID no. 16800069). The closest mine is Weldin Todd's Galloway Pit (10-79). However, Mr. Hankins doesn't think that Weldin Todd's pit has been mined in months due to a family dispute. Since there are so many mines in this area, we will probably need to look at several to see which, if any, are causing problems for this well. Would you please: 1) Make a map (using Google earth, terrain navigator, etc.) which shows the property in question and which mines are nearby 2) Fill out the information from the bottom of the well complaint form for any mines which have been active recently. Make a note of any which were inactive and therefore should be ones we can eliminate as having caused a problem. 3) Let me know of any other major water users in the area that you know of... Once we have this basic info, I will forward it to the Division of Water Resources so that one of their hydrogeologists can try to determine whether any mines could be causing the problems with the well. Thanks! Ashley Rodgers Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 733-4574 (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. -----Original Message ----- From: ashley.rodgers(Q)ncdenr.Rov[mailto:ashley.rodpers(@ncdenr.goy1 Sent: Tuesday, October 18, 2011 11:49 AM To: Rodgers, Ashley Subject: Send data from MFP-07165797 [SCAN TO_E-MAIL] 10/18/2011 11:48 Scanned from MFP-07165797. Ashley Rodgers SCAN TO_E-MAIL Date: 10/18/2011 11:48 Pages:2 Resolution:200x2OO DPI PA - WATER LEVEL COMPLAINT QUESTIONNAIRE -IQf rQrC,(,l --$I - Iu�dOQ�v1l 1'D- -?43- �a-4a Complainant(s) Name & Phone No. (if available): 3nho H a q 10 - 5 Li - 3 U-0 C O & Inc Cr ;s I aS Area of Concern (well, pond, wetland area?) with Distance and Direction from Mine: Well 3/Li m m; ,, - M off' w t How long has complainant(s) been familiar with the Area of Concern? w e f) S; n c.r J OS) 6�Kb t�, Area of Concern History (total depth of well, water level decrease, depth below normal, timeframe, etc.): Q aY f 0' s 7 4� "--)a U141) 1 L,- 4 'in 1 p la :! aLa n ' -C/A e [ g� d V 'j M0,202 O B is ' .-? a o VU i-1 bo+A S- fi a V-oI -A- i o d S 'b 10 J rr) 0 nas pr-�ssL..- flanbY P hU-9t0 I-J--f Other possible water users in the vicinity (industry or potable water sources, other mines, etc.) , A- t Cs' �I i ro n n LA r p C,-C.r, IC, tA C- Sf � i -ti r +{ ti �l W o-L r ,, f l--C�l h 0 j c D s PQ�} a - ��T , n 6 d � � �a I � m h.el- 0A c c I •-• -0 f s �� n6" �' vU p� 11 Recent weather conditions: W 0,ry n r, e lea a rn : n( k%-, •ems . L4-r 1 -Sc4h, Any other comments/concerns (soil type, etc.); ' we Todd C IIga,QLA P,f 00-9q� oy'k I Cijoes1)14 k LJ4t , Ko-y- begin Ml.tSlJi ti rnQS p�w {y �Cmil� 04S�t�fC Operator Name & Phone No.: Permit No.: County: QUESTIONS FOR OPERATOR Mine Name: River Basin: Closest natural water source (lake, stream, wetland) and direction from site? Total number of pumps in pit: Number of pumps operating in pit: http:l/www.dlr.cnr.state.ne.usllgsintcmal/LQ_minesComplaint formslwater level complaint-1 20100830.doc 1 r Location of pump(s) in pit: (ex: NW corner of pit, SE of scales, etc.) 1 2. 3. 4. Pump(s) size and rating: 1. 2. 3. 4. Pump(s) discharge rate: 1. 2. (indicate gpm or gpd, etc.) 3. 4. Depth to water in pit and location of measurement(s): General description of dewatering operations (how often, point of discharge, cycle of flow): Depth to water in on -site well(s) (indicate well # and measurement): General topography of the pit and surrounding area: Any additional comments (any other ponds in the area, general water level in ponds): Inspector's Name: Date: Please return completed questionnaire to the Central 0liice — Mining Program. Thank you. Rev. 5/27/2003 http:/lwww.dlr.enr.state.ne.us/lgsintemal/LQ_minesComplaint Forms/water level complaint A 20100830.doc 2 SIB - g North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Weldon Todd Mine aka Coastal Land & Sand Company LLC Mine 2. MINING PERMIT # 10-29 3. OPERATOR Coastal Land and Sand Company LLC 4. COUNTY Brunswick 5. ADDRESS PO Box 567, Fairmont, NC 28340 6. PERMIT EXPIRATION DATE 11/1 1/2019 7. RIVER BASIN Lumber 8. Person(s) contacted at site Employee of Tripp Construction 9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ® Yes ❑ No 11. Date last inspected. 5/23/05 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: I am not sure whether the western most pit should be used to dewater adjacent pit. The mine map shows this pit to be reclaimed for release. I cannot find any documentation of release of the pit. if it is still under the bonded acreage, this is acceptable. If the western pit reduced the bond amount, you will need to pump water into eastern -pit.. - - Operating condition 96-all slopes must be graded to a 2:1 or less slope. Operating condition #5-clearly demark all boundaries at 100' intervals. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ® No If no, explain This goes into the question of the reclaimation verification in the past. The eastern pit needs additional groundcover on the banks. The stockpile adjacent to the eastern pit needs to be moved. The western pit is being used for dewatering and should not be if it being reclaimed. Groundcover needed on banks on western pit as well. 5. 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: Reply to this office on the status of the reclaimation of the two pits in question. 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 20. No. of additional pages of Inspec ' R ort 0 21. INSPECTED BY: Brian Lambe Telephone No: 919-796-7314. Copy to file V opy to operator Proposed date Copy of Report sent to operator 10/21/201 1 DATE 10/20/2011 Copy to Mining Specialist RECEIVED OCT 2 h �01 IANO QUALITY SECTION REQUEST FOR INFORMATION Name and Address of person requesting information: Information to be sent (check all that apply): o Business card y Mining Act of 1971 o Administrative Rules o Application Form o Mining Brochure o Guidelines to Reclamation Bonds o Assignment of Savings Account Form c Irrevocable Standby Letter of Credit Form o Surety Bond Form o Renewal Checklist o Modification Checklist o Transfer Checklist o Other: Brenda —After sending the above information: o Please file this form under General requests for information ) Please file this form in the mine file Permit No: /0- Thanks: Date Sent: NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and Slate Geologist Dee Freeman, Secretary November 23, 2009 Mr. Charles E. Jackson Jr. Coastal Land and Sand Company LLC PO Box 567 Fairmont, North Carolina 28340 RE: Mining Permit No, 10-29 Coastal Land and Sand Company LLC Mine Brunswick County Lumber River Basin Dear Mr. Jackson: Your request to have the above referenced mining permit, issued to Harold David Tripp and James R. Tripp Jr. DBA Tripp's Construction LLC, transferred in its entirety to your company has been approved. In addition, your application for renewal of the above referenced mining permit has been approved. As we have received the required surety in an amount sufficient to cover the present operation, I am enclosing the transferred and renewed mining permit. The permit number shall remain the same as before the transfer. The new expiration date is November 23, 2019. 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. 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 Nos. 3C, 4D, 4E, 5, 9B, and 13. As a reminder, your permitted acreage at this site is 30.15 acres and the amount of land you are approved to disturb is 27.64 acres. 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 - Intern et:http:llwww.dIr. enr state. nc.uslpagesllandqualitysection.html An Equal Opportunity I Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Mr. Jackson Page Two Again, if you should have any questions on this matter please contact Ms. Ashley Rodgers, Assistant State Mining Specialist, at (919) 733-4574. Sinc r9iy, loyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRW/ar/jw Enclosures cc: Mr. Dan Sams, PE Ms. Shannon Deaton-WRC, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures File 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: Coastal Land and Sand Company LLC Coastal Land and Sand Company LLC Mine Brunswick County - Permit No. 10-29 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: November 11 2019 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 April 2, 2001: This permit has been modified to increase the affected acreage to 25 acres as indicated on the Mine Map last revised January 16, 2001. June 20, 2003: This permit has been transferred in its entirety from Weldin Todd to Advanced Residual Management LLC. December 11, 2007: This permit has been transferred in its entirety from Advanced Residual Management LLC to Harold Dave Tripp and James R. Tripp, Jr. DBA Tripp's Construction LLC. Page 3 November 23 2009: This permit, issued to Harold Dave Tripp and James R. Tripp, Jr. DBA Tripp's Construction LLC., has been transferred in its entirety to Coastal Land and Sand Company LLC. Expiration Date This permit shall be effective from the date of its issuance until November 23, 2019. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental 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 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. C. Buffers shall be maintained as indicated on the mine map last revised August 10, 2009. Page 4 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations. C. Mining shall be limited to the area of Blanton Type Soils. D. No dewatering activities shall occur at this site. E. Mining activities shall occur as indicated on the mine map Last revised August 10, 2009 and the supplemental information received by the Land Quality Section on July 2, 2009 and September 18, 2009. 5. All affected area boundaries (27.64 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. 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 August 10, 2009. 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. Page 5 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 rip ior 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 $25,000.00 Assignment of Savings Account, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 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 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. Perrnittee 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 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per 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 Ibs/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. Page 9 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. 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 Weldin Todd July 8, 1999, modified April 2, 2001, transferred to Advanced Residual Management LLC June 20, 2003, t and transferred to Harold Dave Tripp and James R. Tripp, Jr. DBA Tripp's Construction LLC. December 11, 2007, is hereby simultaneously transferred in its entirety to Coastal Land and Sand Company LLC and renewed this 2P day of November, 2009 pursuant to G.S. 74-52. By: d James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources A70"F?A RCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist November 23, 2009 Dee Freeman, Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1122 9303 Mr, Harold David Tripp Mr. James R. Tripp Tripp Construction LLC PO Box 126 Ash, North Carolina 28420 Re: Mining Permit No. 10-29 Advanced Residual Management LLC Mine Brunswick County Lumber River Basin Dear Mr. Tripp: Your request to have Mining Permit No. 10-29 transferred in its entirety from your company to Coastal Land and Sand Company LLC has been approved. As we have received Coastal Land and Sand Company LLC'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. Therefore, I am returning your $14,500.00 Assignment of Savings Account No.775000025 to you for your disposal. Thank you for your cooperation in this matter. Sincerely, '�/A , loyd R. Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRWlarljw Enclosure: Assignment of Savings Account No.775000025 cc: Mr. Dan Sams, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau File 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:llwww.dlr.enr.state.nc.uslpagesllandquaktysection.html An Equal Opportunity l Affirmative Action Employer — 50% Recycled / 10% Post Consumer Paper P. 0. Box 567 Fairmont, NC 28340 November 16, 2009 Land Quality Section Division of Land Resources NC Dept. of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Mining Permit No. 10-29 Dear Ashley: I am enclosing all the necessary forms for the reclamation bond needed for this mine. Thank you for all your help. I can be reached at 910-740-9128 if you have any questions or need further information. Sincerely, 771Ol-tv 6 Mary B. 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PQPJ OaJ uo!}duosap POOP) uols!AJadns Aw tapun apow AaAJns lon}oo uD woJi nls'AJadns Aw Japun uMDlp soM }old sly} W41 A}plao buol •W AggoEl 11 Jla� 31VOS Ol ION k b} 8� arst N o� y aIgDi au!l all dVW AIINIOIA K'`'Brunswick County Planning and Community Development Department P.O. Box 249 4�MCAR 4`nn 75 Courthouse Drive N.E., Bldg 1 Bolivia NC 28422 November 18, 2009 Mr. Charles E. Jackson, Jr. PO Box 567 Fairmont, North Carolina 28340 RE: Application for the Transfer of Mining Permit Application 10-29 Dear Mr. Jackson: We have received notification from the North Carolina Department of Environment and Natural Resources, Land Quality Section of your request to transfer Mining Permit Application 10-29. Attached to the documentation provided as part of the application was reference to Tax Parcels 1370001301 and 1370001605, which we assume to be the subject parcels for the proposed activity. The purpose of this Ietter is to make you aware of the local zoning requirements as they relate to the mining of land in Brunswick County. Tax Parcels 1370001301 and 1370001605 are both zoned Rural Residential (RR). Class I Mining Operations are permissible with a Special Exception from the Board of Adjustment in the RR Zoning District, Class I Mining Operations are defined in the Brunswick County Unified Development Ordinance as follows: "A place where soil or other unconsolidated material (i.e. sand, marl, rock,,fossil deposits, peat, fill or topsoil) is removed to be used off -site, without further on -site processing (i.e. use of conveyor systems; screening machines; crushing; or other mechanical equipment). It does not involve the use of explosives and has an of ected land area of no greater than 20 acres. " Upon reviewing our files, it appears that a Special Exception for the Extraction of Sand for Tax Parcel 1370001302 was granted by the Board of Adjustment on January 28, 1999. We have no record of a Special Exception ever being granted for Tax Parcel 1370001605. Prior to the commencement of any mining activity on Tax Parcel 1370001605, an application for a Special Exception for Class 1 Mining must be received and approved by the Brunswick County Board of Adjustment. Please contact me at 910-253-2035 or via email at hbunchobrunscomet, if you have questions regarding these requirements or the process. Iheb Sincerely, �*A 4*w kwteA, Helen Evans Bunch, CZO Zoning Administrator cc. NCDENR Land Quality Section Certified Receipt 7003 3110 0003 7294 9962 i TELEPHONE (910) 253,2025 • (800) 621.0609 • FAX (910) 253-2437 MINING ROUTING SLIPS JUDY W: FIL D YD W. MELL N: JIM S: COMMENTS 0 0 MINING CHECKLIST FOR ROUTING Apyllcant's Name. AyykC.1Petznft No.• Cady: Reviewer: PrOjerf Name: Date Received: r' Rfver Basin Name: LJ New 13 Renewal ❑ Modiffcatfon (fnsfdryeTmft boundaries) Modiffratlew (autafdeyermft boundaries) EV"Transfer ❑ Release Partial Release ❑ Additional i0 matfon ❑ Fee Needed: $ ❑ Fee Received: $ Please route entire aPrltcatfon oackaae to: .).� fz .._._ Regional Office complete caples; attach the 'rqs Rreional office Minin6 Application Review .L:. ehceklist' to one cagy axd attar& bath the Dw�and DAcL'Mtnfn© Apphration Review Form' to the other copy; send both copies to the Re$Ional Ef�ncer) Date: Routed '4� Reed ❑ Division of Water Resources Date: Routed Read ❑ NC Wfldlf fc Resources Comma&x Daft: Routed Read ❑ US Ffsh & WlIdlf fi Savla Date: Routed Rerd (only new applleattons and mo#catfon requests that add [and to the permit) Please route first 3 PVCS of the avrlica.tfon and am b atton mars to: ❑ Dfvisfon of Parks & R msiffatn Date: Routed Read ❑ NC Geadogfcal Surva7 Section Date: Rotated Rind ❑ Division a fMaft FfShMa Date: Routed Reed ❑ DfVWM of Soil & Water Conservation (plus LEA) Date Routed Reed (only new applications and motocatfon requests that add farad to thepernaft) LJ Dtvfsfan Of Archives & History Date: Routed Read (only new applications) ❑ other: We: Routed Rerd * *SusyMC Date for comments: (no later than 25 days from reafpt) Peau note fhe foQawing: 0 a NORTRAROLINA DEPARTMENT OF EARONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Coastal Land and Sand Com anLLC County Brunswick River Basin Lumber River Latitude (decimal degrees to four places) N 34-02-38 Longitude (decimal degrees to four places) W 78-I9-25 2. Name of Applicant * Coastal Land and Sand Com an LLC 3. Permanent address for receipt of official mail** P.O. Box 567 Fairmont NC 28340 Telephone (910 _) 628-859 Alternate No. (910 ) 740-9129 4. Mine Office Addres s 610 Middle River Road, NE Bolivia, NC 28422 _ _ _ _ Telephone (910 740-9129 5. Mine Manager Charles E. Jackson._Jr. We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Si Pri Title Managing Partner 11 / 11 /2009 * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (,secures 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 denyy an application for a permit within 60 days of receipt of a corn lete application or, if a public hearin is held, within 30 days following the hearing an t e i in gg of any supplemental information required b the Department. All questions must Ge addressed and all required maps provided before this application can be considered complete. Attacc aadditional sheets as needed. 0 • G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. 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: Signature: Print Name: (Title, if applicable) Company (ffapplicable) r Address. z 4 Telephone: ( Date Signed: APPLICANT: Signature:* Print Name:. Charles E. Jackson Jr. Title: Managing Partner Company: Coastal Land and Sand Com an LLC Mine Name: Coastal Land and Sand Company, LLC Telephone: ( 910) 740-9129 Date Signed: 11/11/2009 *Signature must be the same as the individual who signed Page 1 of this application. maps and reclamation maps, and the appropriate processing fee (see next page for fee schedule in the form a check or money order payable to the North Carolina Department of Environment and atural 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. RECEIVE E- of 17 2003 LAND QUALITY MINING PROGRAM 0 • Wehner, Judy From: Wehner, Judy Sent: Tuesday, November 10, 2009 4:31 PM To: 'mjackson19@nc.rr.com' Subject: Page 1 and 18 Attachments: page 1 2008.doc; LEA 2008.doc The name on Line 2 of Page 1 must be the same as the application the Assignment of Savings Account form. I am attaching a new page 1 and 18 in case you want to put the permit and bond in the company name only. Remember if you are using a CD or savings account, please attach a copy of the deposit slip or something that has the account number and amount in the account with the Assignment form. ------------------------------------------ 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. NCDEHR . North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist October 9, 2009 Certified Mail Return Receipt Requested 7008 1300 0000 1123 8381 Mr. Charles E. Jackson, Jr. Coastal Land &' Sand Company, LLC PO Box 567 Fairmont, North Carolina 28340 RE: Coastal Land & Sand Company, LLC Mine Mining Permit No. 10-29 Brunswick County Lumber River Basin Dear Mr. Jackson: Beverly Eaves Perdue, Governor Dee Freeman, Secretary We have reviewed the renewal and transfer request you submitted for the referenced mine site. However, please note the following regarding your application: A recent field inspection revealed that the areas marked "area for release and reclamation" on the mine map are not yet releasable. Therefore, the entire permitted area must be transferred to you. The reclamation bond must also take into account the affected acreage of this complete permitted area. Once these areas are considered releasable by our field staff, you may request release of those areas from your permit. At the time of their release, you would also be able to reduce your bond. Please note, the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. The reclamation bond has been calculated using the information submitted in the renewal application. The reclamation bond for this site would be $25,000.00. The calculation worksheet is enclosed for your review and the new bond will be required prior to approval of this renewal and transfer request. 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 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 - Intemet:hftp://www.dlr.enr.state.nc.usipagesAandquaiitysecdon.htmi An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper • 9 Certified Mail Mr. Jackson Page 2 bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., Charles E. Jackson, Jr. DBA Coastal Land & Sand Company, LLC. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. Please be advised that our review cannot be completed until all of the items'listed above have been fully addressed. In order to complete the processing of your application, please forward two (2) copies of the requested information and 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, 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) 733-4574 if you have any questions. Sincerely, 6w�� Ashley L. Rodgers Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms Bond Calculation Worksheet cc: Mr. Dan Sams, PE Mr. Bobby M. Long, PLS, B.M. Long & Associates, PO Box 1117, Shallotte, NC 28459 North Carolina Secretary oWte Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT or -1-i,ii Secretary SECRETARY OF STATE PO Sox 29622 Raleigh, NC 2,7626-0622 01907.200a CORPORATIONS Corporations Home Search By Corporate Name Search For New & Dissolved Search By Registered Agent Important Notice Resale of Tickets Online Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Unincorporated Non -Profits Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE 8.7.B Annual Reports SOSID Number Correction 2001 Hill Surnmaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Professional Corporations NCSOS Authority to Dissolve Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division TOOLS Secretary of State Home Secretary of State Site Map Printable Page Date: 10/9/2009 Click here to: View Document Filings i Sign Up for E-Notifications I Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I Corporation Names Name Nana Type NC Coastal Land and Sand Legal Company, LLC Limited Liability Company Information SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address 1031870 Current -Active 3/7/2008 Domestic NC Perpetual Jackson, Charles E., Jr. 1503 Lakeview Road Fairmont NC 28340 PO Box 567 Fairmont NC 28340 1503 Lakeview Road Fairmont NC 28340 PO Box 667 Fairmont NC 28340 http://www,secretary.state.ne.us/corporations/Corp,aspx?Pitemld=8758712 10/9/2009 APPLICATION FOR A MIN(W PERMIT ctiavLo E za'aso i Tr, DSA W49tW LW-0 d UrO 4mPa^y, LL¢. E. DETERMINATION OF AFFECTED ACREAGE AND BOND Coo St0.1 Lphcl C Sans Ca.� l.t.t Miw The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range 10" 29 of S OO to S5. 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 miming permit. Please insert the a roYimate acreage, or each CATEGORY Tailings/Sediment Ponds: Stockpiles: Wastepiles: 0.10•r 4.13 Processing Area/Haut Roads: q.SI + y.(.5 r -4.-nr Mine Excavation: Other: TOTAL AFFECTED AC.: (TOTAL PERMITTED AC.: AFFECTED ACREAGE — Ac. a• a Ac. Ac. 5.03 Ac. aa. a4 Ac. RECLAMATION COST/ACRE * X S /Ac. X S i aD /Ac. = _ X S /Ac. = X $ !lSM /Ac. X $ 50o /Ac. Ac. X 02 Ac. 30. _ AG.) $ /Ac. a. 51 cc 6"-61„,, RECLAMATION COST S $ Oc OSLI S S ttv ,00 Tem orary & Permanent Sedimentation & Erosion Control 4leasures: 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'.4ill be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Q-; . Ls+ Ll Ac. b) Positive Drainage Inflation Factor: Ac. X S1.500.00 = $ SUBTOTAL COST: S_ g9c)0hi D 0.02 X SUBTOTAL COST: $ 0 40 X Permit Life (1 to 10 years): i 0 INFLATION COST: $ j ? U TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 00 8' Total Reclamation Bond Cost: $ Q5- 00 o , C', (round down to the nearest $100.00) � ' 1 • n U NCDENR North Carolina Department of Environment and Natural Resources Wilmington Regional Office (910)796-7215 Michael F. Easley, Govemor FAX COVER SHEET Date: lam, /�4 # pages To: From:+ Co: Division Willimu G. Ross Jr., Secretary Fax: FAX #: Remarks: C �. -� r fewis {rdO� L4S 127 Cardinal Drive Ext., Witinington, North Caroilna 28405-3845 • Phone: 910-796.7215 f FAX: 91MO-2004 Z0/10 39Vd HNMON azeZese0t6 ez:EC 600Z/10/01 • 0 MINING PERMIT APPLICATION REVIEW FORM for DIVISION. OF WATER QUALITY County: d wl'c� **Que Date for Cornm.ents Back to land Quality Section: 0-13 - 1* �or2oaa Will the operation, as proposed, `vio4te standards of water quality? i Water�;hed/Stream Name & Classification: NPDE[: permit required NPDEE permit existing Nondischarge permit required Nondischarge permit existing Wetlands disturbed 401 Wetland Cert, required 401 Vvetland Ceri, existing YES NO (Permit #___r__,__._) —11 (Permit # ) - (Permit # _ .) Revie\rfed by, Z0/Z0 39Vd aNMON BTOZ05EOT6 BT:ET 60OZ/T0/01 ��ING CHECKLIsr FoR*OuTrNG C-KO- LI S J 4 c sQ,t -D6j� Applicant's Name- L5 trojec'.- Name_ '�a�� ��,.^,� d SoL,,y PLC- L �- C A#ic. emit No- 10- unty: 13n.Lr, L4 Date Recervcd: 9 L Reviewer. A - 120 C4kL % w River Basin Name:^-- ❑ New = Renewal C Modification (inside permit boundaries) Modification (outside permit boundaries) . ❑ Transfer ❑ [Release ❑ Partial Release G Additional lrtforrnation C Fee Needed: $ 0 Fee K=ived: $ Please mute eri�iication raackag� i rr, Regional Office r? compiete copies; attach the "LQ5 K: ional Office Mining Application Review Chacidist" to one copy and attach }= :he DWQ and DAO "Mining Application Reviaw Form" to the other copy; send both. copies to the RcgionaI Engineer) ❑ Division of Water Resources ❑ NC Wildlife Resou=s Commission Date: Routed Reed Date: Routed Reed Date: Routed Reed ❑ U5 Fish & Wildlife Service Date: Routed Reed (Only new applications and modification requests that add land w the permit) Please MLU first 3 2ages of the location_ manta: Reed ❑ Division of Parks & Recreation Date: Routed ❑ NC Geological Survey 5ection Date: RDUT461 Reed (Or y new applications and modification rectuests. that add [arid to ;.he. permit) ❑ Division of Archives & History Date: Routed Reed CO* new applications) 0 other- Date: Routed Reed 75u5penee Date for Commertt5: (no lager han 25 days from rewipt) 0 Please note the foilowing: s /� B. M Long & Associates P.O. Box 1117 * 6609 Ocean Hwy West * Shallotte, NC 28459 Phone (910) 754-6300 * Fax (910) 754-5486 -LAND SURVEYORS * PLANNERS - WE SURVEY THE LAND AND ANYTHING THEREON September 1, 2009 Ashley L. Rodgers Assistant State Mining Specialist Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 Re: Coastal Land & Sand Company, LLC Mining Permit #10-29 Brunswick County Lumber River Basin Dear Ms. Rodgers; RECEIVED SFP 0 8 2000 LAND QUALITY MINING PROGRAM Enclosed are the items that were address in your letter on July 31, 2009. 1, Revised pages to be consistence with applicant name. 2. Revised mine map to show access road and acreage to State Road 1448. 3. Brunswick County has a ban on de -watering. Therefore the pump and all pipes have been removed from this site and no de -watering will take place until Brunswick County passes an ordinance that will allow de -watering and an application and permit is approved by the State of North Carolina. If 1 can provide any additional information please advice. Sincerely ga#yl)) 4f Bobby M. Long 0 APPLICATION FOR A MINING PERMIT 0 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURALRESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT. (PLEASE PRINT OR TYPE) I. Name ofMine Coastal Land & Sand Company, LLC County BrujIgNick River Basin Lumber River Latitude (decimal degrees to four places) N 34-02-38 Longitude (decimal degrees -to four places) W 78-19-25 2. Name of Applicant* Charles E. Jackson, Jr., DBA Coastai T,,qnd 3. Permanent address for receipt of official mail** P.O. Box 567 Fairmont, NC 28340 Telephone 910) 628-8593 Alternate No. (910 740-9129 4. Mine Office Address 610 Middle River Road, NE Bolivia, NC 28422 Telephone (9 10 740-.91.2.9 5. Mine Manager Charles E. Jackson, JR. We hereby -certify that all details contained in this Permit Application are true and co'irrgct, lolhe bestof our knowledge. We fully understand that any willful misrepresentation 6f 'facts Will " cause' for permit revocation. ***Signature OJ6"L Date Print Name --Charles E. JLzo)h, Jr. Title Managing Partner This will be the name that the mining permit will be issued to and the name that rftu:it-66-ir dicated on the reclamation bond (securi!y) that corresponds to this site. The Land Quality Section must be notified of any changes in the permanent address or,telFp .4pne-number. ***,gi nature of cam an officer required. G.S. 74-51 provides that the Department shall grant or deny an application for apermit wi#�ti.§O,d4ys,pf receipt of a complete application or, if a public hearing is held, within 30 days' following t1i6:'hearing . `aft'd'ih61ling%f any supplemental 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'* 7 APPLICATION FOR A MINING IRMIT E NOTE: All of the following questions must be thoroughly answered regarding your mining operation for theI ended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine reap. r A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that -apply: ❑ If this is an a,pplication for a NEW -pen -nit, dridicate -the total acreage at the site to be covered by the permit (this is the acreage that�t e ' 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 y the existing permit: Mining Permit No.:_ 2,1 n-Q_ _ _ Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): Q If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit. Mining Permit No.: 1.0-29 Total permitted acreage: 25 Doe the modification involve acreage within the previously appproved 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):__ f Z;S2 Does the modification involve acreage outside the previously approved permitted boundary? Yes ® No ❑ I�gs, indicate the additional acreage to be covered by this modification: ��ii (NOTE: you must complete all of Section R of this application form entitled Notification of Adjoining Landowners). Of thiszcreage 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'S100:00 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 lie added to the permit is the acreage that the "major modification" fee will be based upon): ❑ : Afthis is an application for TRANSFER of a mining permit, indicate the mining permit number and tkie-,tbta1'(overall) acres a coveted-y the existing permit. IvriningPermitNo.: I. -29 Total permitted acreage: 25 Ae. SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand 3. biming method: LJ Hydraulic Dredge ® Front-end Loader & Truck Shovel & Truck ..., ; pragline:&.Truck Self -loading Scraper Other (explain): 4. a. Expected ''maximum depth of mine (feet) -3 5 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road -elevation, etc.) Natural Ground xpected.average depth of mine (feet) •2- F North Carolina James D. Simons, PG, PE Director and State Geologist NCDENR Department of Environment and Natural Resources Division of Land Resources Land Quality Section July 31, 2009 Certified Mail Return Receipt Requested 7008 1300 0000 1122 6630 Mr. Charles E. Jackson, Jr. Coastal Land & Sand Company, LLC PO Box 567 Fairmont, North Carolina 28340 RE: Coastal Land & Sand Company, LLC Mine Mining Permit No. 10-29 Brunswick County Lumber River Basin Dear Mr. Jackson: Beverly Eaves Perdue, Governor Dee Freeman, Secretary We have reviewed the transfer and renewal request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: Please clarify the name of the applicant. The name listed on page 1 of the application is "Charles E. Jackson, Jr." However, Mr. Jackson signed as a Managing Partner, and on page 18 signed as Managing Partner for "Coastal Land and Sand Co,, LLC." Is the permit to be in the name "Charles E. Jackson, Jr." or "Charles E. Jackson, Jr. DBA Coastal Land & Sand Co., LLC' or "Coastal Land and Sand Co., LLC"? Pages 1 and 18 must be in agreement, and the bond must also be in the same name. Please revise any pages as necessary. 2. Revise the mine map to show the access road within the permitted boundary until its intersection with SR 1448. Provide acreage for the entire access road. 3. Indicate the estimated withdrawal rate (in gallons per day) at which the excavation will be dewatered. It was indicated on the application that no dewatering would occur onsite; however, dewatering from cell to cell was observed on site during the July 28, 2009 field review. Provide data and calculations to show that the cells may handle the amount of water necessary to pump cell -to -cell without discharging. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-733-4574 i FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27664 - lntemet:hUp://www.dlr.enr.state.nc.us/pages/landqualitysection.htm] An Equal opportunity I Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 0 0 Certified Mail Mr. Jackson 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 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, Ashley L. Rodgers Assistant State Mining Specialist Land Quality Section cc: Mr. Dan Sams, PE Mr. Bobby M. Long, PLS, B.M. Long & Associates, PO Box 1117, Shallotte, NC 28459 • NCDENR North Carolina Department of Environment and Natural Resources Wilmington Regional Office (910) 796.7215 Michael F. Easley, Govemor William G. Ross Jr.. Secretary FAX COVER SHEET Date: 7 ~ 3 ° ` 0 % To: IY o C4 er'5 Co: # pages It From: Nf'G & ^ 1 + 15 Division RJ 2 6) Fag: FAX #; Remarks•! d .Z �. e, k s e !3 /Yr'n r'- 127 cardinal Drive Ext., Wilmin!lton, North Carolina 29405.3845 - Phone: 910-798-72151 FAX: 91M50.2004 00/10 39Vd aN3II9N BZ0Z05E0[6 60:80 600Z/0E/L0 LAN* UAL/TY SECTION REG10NJN OFFICE MINING APPLICATION REVIEW CHECKLIST-ztzsrzoo, APPLICATION/PERMIT NO.: t7 9)9 ACTION: New Modification :enewa EpsY Release CWcld�� add �; APPLICANT NAME:.( a_y_La.-L MINE NAME: Cam, _ t COUNTY._SnnaL. AdministrativeLeA - s: A. Is the site currently under NOV? Yes Q Explain: B. is the site under CAMA jurisdiction? Yes e Explain: Field Issues: A. Are potential wetlands and watercourses properly indicated on the Mine Map? Yes No Explain: B. Are the roposed buffer zones adequat ? es No Explain: ' E 9 C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? Ye No Explain: D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? es No Explain: E. Is visual screening needed? Yes 0Explain: F. Are the proposed erosion and sedimen�tion control measures properly located to prevent offsite sedimentation? Yes V+�o Explain: roS off_ on c(ap��L{I�,r G. is the proposed revegetatlonlreclamation plan acceptable? �M No Explain: Date inspected. 7— 2-$" o i Erosion and sedimentatlo-nControl Plan Revlew: It is the responsibility of the Regicnai Office staff to verify the adequacy of the E&S measures. Please provide any concerns or -comments: _ pie it .cayne% nthor rnmmantc• Who was the aoDlIcaton routed to and when.?-, Division of Air Quality: Date: - e) C( Division of Water Quality (Water Quality Section only): Date: _ ---2` -- 64 Other.- _ Date: inspector/Reviewer's Name: Date: Regional Engineer's Name: Date: V0/60 39vd 8143Q9N 810Z06E016 60:80 6006/0640 MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY (WeL&P176AA µ,00) ProjectlNumber: -' o� +ctS County: Lzs LX C Please return comments back to: Comments due by: Will the operati n, as proposed, violate standards of water quality, ,�,¢,ZUjA, -hn 6& /mLad Comments: iu.4e r11,4%-+ v AX&AJJ... L&1JJ F1Ju_ U_xy .-6W12, d Watershed/Stream Name & Classification: &,,AL omLsw--Am�-wi . - Csig S Na NPDES permit required NPDES permit existing (Permit Nondischarge permit required Nondischarge permit existing (Permit # ) �� Wetlands disturbed 401 Wetland Cart. required Mir eluou-GHvj;70�44-VCN 401 Wetland Cart. existing (Permit # PW c" Reviewed by. Date: 6 Print Name. '�1"'e, OW2006 Central Offioo Reviewer, b0/E0 39Vd NN303N 810Z05E016 60.80 600Z/0E/L0 MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF AIR QUALITY Project/Number: Dag Gs+&P Larid a Canty: lS YLk 1 Please return comments back to: Comments due by: Will the operation, as proposed, violate standards of air uaii ? ! '' O P P P q tY Comments: 1 S AWD m/ n a---. -o r, 1V- YES tQ) Air permit required Air permit existing (Permit #_ ) Other Comments: Reviewed by: Date:" i Print Name:eR,-k 0012005 Central Moe Reviewer. b0/00 39Vd 8N3QDN 810Z09E016 60:B0 600L/0E/L0 Beverly Eaves Perdue Governor MEMORANDUM TO: FROM: SUBJECT: NGDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Thomas A. Reeder Director July 20, 2009 Ashley Rodgers Land Quality Section Paul Williams Ground Water Management Section Division of Water Resources RECEIVED JUL 2 0 2009 LAND QUALITY MINING PROGRAM Comments on the Mining Permit Transfer/Modification/Renewal Request for: Charles E. Jackson, Jr. Weldon Todd Mine Brunswick County Dee Freeman Secretary Please find attached a copy of the mining permit Transfer/Modification/Renewal request for the above referenced project. The Weldon Todd 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 A�nril 1 for the previous year. 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. 1611 Mail Service Center, Raleigh, North Carolina 27699.1611 Phone: 919-733-40641 FAX: 919-733-3558 Internet: www.nmater.org An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper NorthCaroiina Naturally e A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist MEMORANDUM July 6, 2009 TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program SecrePa� Land Quality Section SUBJECT: Mining Permit Renewal for Charles E. Jackson, Jr. Weldin Todd Mine/Coastal Land & Sand Co. 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 July 27, 2009 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effect is on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they.contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Ashley Rodgers (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Dan Sams JUL 7 2009 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 E MINING CHECKLIST FOK ROUTING Applicant's Name: Cho vo S E Ja ( cry, Project Name: - Y to ApplicJPermit No.:1�county" � r } � �V. `r, Date P.ecesved: Reviewer: (='i tiJ )f ��lr ti River Basin Name: Lu�- ❑ New �I ,Renewal 0 Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) /Tranofer ❑ Release ❑ Partial Release `�',- Additional Information ❑ Fee Needed: $ ❑Fee Received: PICAze route entire =1iaaTdQnv ackaa,-to: U t , 1L--, Regional Office (2 complete copies; attach the "LO5 Regional Office Mining Application Review Checkf W to one copy and attach hath the DWQ and DAQ "Mining Application Review Form" to the other wpy; send both.wpies to the Regional Engineer) Date: Routed in Reed ❑ Division of Water Resources Data: Routed Reed ❑ NC Wildlife Resources Commission Date: Routed Reo'd ❑ U5 Fish & Wildlife service Date: Routed Reed (Only new applications and modification requests that add iand to the permit) ❑ Division of Parks & Recreation Date: Routed Reed C NC Geological Survey Section Date: Routed Reed (Only new applications and modification raquests that add Land to the permit) Division of Archives & History Date: Routed Rec'd (Only new applications) ❑ Other. Date: Routed Reed *.'*5u5pen$e Date for Comments: ,,� � b d ,�,4z-(no Iater than 25 days from receipt) 0 ❑ Please note the following: (�j F ,` • 0 B.M. Long & Associates P.O. Box 1 117 * 6609 Ocean Hwy West * Shallotte, NC 28459 Phone (910) 754-6300 * Fax (910) 754-5486 -LAND SURVEYORS * PLANNERS - WE SURVEY THE LAND AND ANYTHING THEREON July 6, 2009 Ashley Rogers NCDENR Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Re: Coastal Land and Sand Company Charles E. Jackson, Jr. Ms. Rogers, Per our conversation, I have enclosed the last certified mail receipt for the adjoining property owners next to the Coastal Land and Sand Company mine. If any other items are needed please let us know. Thank you for you time, C"ZBobJMcong © complete Items 1, 2, and 3. Also complete A. atu Item 4 H Restricted Delivery Is desired. a Print your name and address on the reverse f so that we can return the card to you. B. {PMI N N Attach this card to the back of the rnallplece, or on the front If space permits. Is delMery addieae diffalent 11Drr1 If 1. Arttcra Addressed to: t-d 5, i Jlc"rn' RECEIVED _ K. Si���-L 5� 13 i 7 a 3. Serv0 Certtrlad Mail A + ! p C -)C'S�,.r-`fit°N� 1- ❑ gent t dresses rte of Detlyery ! 14 ❑ yes ❑ No i Q C E NED-- IL 90.2000 for Marchandtae 7 O ❑ insured Mitt ❑ C.O.D. ' O� 4. Restricted DeOvery? (Extra Fee) ❑ Yes 2. ArticleNumber7008 0500 0000 3882 5244 {tianstsr from service rabeQ Ps Form 3811, February 2004 Domestic Aeturn Recelpt 102595-0244-15401 r S RINING CHECKLIST FOR POUTING Applicant's Name: C ha,U5 E In(- rcrn1',,. Project Name: (nc Ala 1 rA{ -� -S o Applic.lPermit No.�Cour�ty _�r�.,_r�54h�, Date Received: Uq .._ Reviewer: 2� c(p.0 i' .S � _ River Basin Name: ❑ New P.enewa1 ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) 5 Transfer ❑ Release ❑ Partial release ❑ Additional Information ❑ Fee Needed: $ Fee Received: Regional Office (2 complete codes; attach the "LQ5 Regal yDffice Mining Application Review Checklist to one copy and attach i� the`WQ,and,DA J Mining Application Review Form to the other copy; send both copies to the Regional Engineer) r Date: Muted r7 r. c (Rec'd ,tOiAeion of Water Resource! Date: Pouted Reed p.NC Wildlife Resources Commission Date: Routed Peed 0 U5 Fish & Wildlife 5ervice Date: Routed Reed (only new applications and modification requeM6 that add land to the permit) Please D2LU , t3-2A96r2 Qf the a;?vlicatlon and anyjQraVon maps to: ❑ Division of Parks & Recreation Date: Routed Reed NC Geological 5urvey Section Date: Routed Reed (only new applications and modification requests that add land to the permit) Division of Archives & History Date: Routed Reed (0* new applications) ❑ Other: Date: Routed Reed *,`5u5penec Date for CommentC7: q a-1 (no later '4han 25 days From receipt) ❑ Please note the following: r} ev:j A CZ -Iv"( t c_ok- ,31 r1'i J 1 vV r n l OCI vy �fl r Y� -T1 • North Carolina James D. Simons, P.G., P.E. Director and State Geologist MEMORANDUM Qs • ;� ACDENR Department of Environment and Natural Resources Division of Land Resources Land Quality Section July 6, 2009 TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secre ary Land Quality Section SUBJECT: Mining Permit Renewal for Charles E. Jackson, Jr. Weldin Todd Mine/Coastal Land & Sand Co. 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 July 27, 2009 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effect is on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditionsJor reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Ashley Rodgers (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 A�Y&. NCDENR North Carolina Department of Environment and Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist MEMORANDUM July 6, 2009 TO: Ms. Maria Dunn Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section • Natural Resources SUBJECT: Mining Permit Renewal for Charles E. Jackson, Jr. Weldin Todd Mine/Coastal Land & Sand Co. Brunswick County Beverly Eaves Perdue, Govemor 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 fisheries (G.S. 74-51 (2)). Please respond by July 27, 2009 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 continued cooperation is greatly appreciated. Please contact Ms. Ashley Rodgers (919) 733-4574 if you have any questions. Ibm h Attachments cc: Mr. Dan Sams 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 COASTAL LiN6AND SAND CO, LLC, .500! P.O. BOX 567 Fairmont; NC 28340 `DATE PAY TO THE IV .ORDER OF. ua_j A0 600LLARSg -n BANK&"W13ANDTMSTCGM i 4wK UT MM T.M PAW A lk il t FO "A. B.M. Long & Associates P.O. Box 1117 * 6609 Ocean Hwy West * Shallotte, NC 28459 Phone (910) 754-6300 * Fax (910) 754-5486 -LAND SURVEYORS * PLANNERS - WE SURVEY THE LAND AND ANYTHING THEREON June 15, 2009 Judy Wehner NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 RE: Transfer, Renewal & Minor Modifications of Mining Permit # 1029 Enclosed is information required for this transfer and renewal. 1. Application 2. Check for $850.00 3. All property owners were notified by certified mail. 4. Enclosed is signature card to acknowledge information concerning transfer and modification of Mine #1029 was given to Brunswick County. 5. Letter acknowledging transfer and selling of Mine #1029 from Tripp's Construction to Coastal Land and Sand Company, LLC. 6. Letter acknowledging minor modification of Mine #1029 and acceptance of all responsibilities and liabilities of said mine. 7. Maps of subject property. If I can provide any additional information of any kind, please advise. Sincerely, •: someWMRu Lim-T, RECEIVED JUL 0 2 2000 LAND QUALITY MINING PROGRAM • June 15, 2009 NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 RE: Application for a Minor Modification, Renewal and Transfer of Mining Permit #10-29 1, Charles E. Jackson Jr., DBA as Coastal Land and Sand Company, LLC have purchased the land that is within Mining Permit #10-29. 1 will also accept any and all responsibilities and liabilities with respect to the Mining Act of 1971 as they relate to Mining Permit # 10-29. Sincerely, Charles E. Jackson, J DBA Coastal Land .San ompany, LLC • June 15, 2009 NCDENR Lana Quality Section 1612 Mail Service Center Raleigh, NC 27699 RE: Application for a Minor Modification and Transfer of Mining Permit #10-29 I, Harold Dave Tripp and James R. Tripp, Jr., DBA Tripp's Construction, LLC have sold and would like to transfer any and all interest in subject Mining Permit 410-29 to Charles E. Jackson DBA as Coastal Land and Sand Company, LLC (deed enclosed). Sincerely, ffa-rold Dave Tripp Tripp's Construction, LLC • i� -,iRt�r 2]51DeadPea ��oorsz'mera rt J. Robinson Rso later or Bssds 03-14-2000 1,:47:32.000 Brunswick County, NC NC REVEWA STAMP: 51500.00 (0108333) 1 � I Il�rl _ Prosenter e(; Total J : _ let 41' C � FAO .. ivi "I �'::•. (7�,L mnag Ck S i .� ......Cash $ Financt.. in;tv:�+:nl ;,rt cr, rc:st ra M;r—'Lxd or COPW Excise Tax St,500.00 Recording Time, Book and Page NORTH CAROL)INA GENERAL WARRANTY DEED Parcel Number: 1370001302 and 1S70001605 `9J,.. THIS DEED, made this 14`' day of March, 2008, by and between GRANTOR(S) _ �` f_rGRANTEE(S) TRIPP'S CONSTRUCTION, LLC, COASTAL I LAN:) AND SAND COMPANY, a North Carolina limited liability company aLLC, a Nortli Lrulina limited liability company 1503 Lakeview Read Fairmont, NC 28340 W 1 T N E S S E T H, that Gramor(s), fnrOvaluable consideration paid by the Grantee(s), the receipt of which is herby aclarawledgexl has (have) and by tl" pm=tsr ys grant, bargain, sell and convey unto the Grantee(s) in fee simple, all that certain lot ar I of situatet�-im ° Dolly Township, Brunswick County, North Carolina and more particulatdescribed lows: TRACT ONE: BEING all of that certain tract or parcel of real property, curtaining 71 acres, more or less, as shown and described on that certain survey plat thereof recorded in Map Cabinet Z, at Page 2 in the office of the Brunswick County, North Carolina Registry. TRACT TWO: BEING all of Parcel I, corlaining 9.61 acres, more or less, as shown and described on that certain survey plat thereof n=rdcd Ln Map Gab' U, at Page ho in tic office of the Brunswick County, North Carolina Registry. s Nilr� 1.1- G';. TOGETHER WITH an access ease melt for ingress,lgms and regress u%cr and upon that certain property described in Deed Book 2745, at Page 825 in the office of the. lsruns+lick County, North Carolina Registry. PROVIDED, this conveyance is made SUBJECT to that certain boundary tine agreement recorded in Deed Book 2745, at Page 927 in the office the Brunswick County, Nortlr Carolina Registry. TO HAVE AND TO HOLD the aforaid lot or parettf Fi)`iJ,�tt" d:�nd all priviIuges and appurtenances thereto belonging to the Grantees)in fee si' li) C. < `fit '=;a AND the Ch=tor(s) covenant with the Gra ntee(s), that Grantors) is (:u c) scizet) of the premises in fee simple, has (have) the right to convey the same in The simple, that title is markc:..r ;ur+l five and clear of all encumbrances, and that Grantors) will warrant and defend the title against the lee+tiel claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property herein above described is SUBJECT to the following exceptions: as aforementioned. 14, IN WITNESS WHEREOF, the Grantor(6 have hereunto fit+ hheir haod(s) and seal(s), the day and year first above written, Q This instramerrt were prepared by Ramos and Lewis, LLP ha!lorte, NC TEUPP'S CONSTRUCTION, LLC, a North Carotins limited liability campsay (SEAT..) �.. Hsroid Qa�e 7sipp; hl; ni r/A�:,nager --�+1+•!i. (SEAL) gy(dames R. Tripp, Jr., MemWrfManager BRUNSWICK COUNTY NORTH CAROLINA I certify that the following person(s) personally appeared before we this slay, Anti I have seen satisfactory evidence of the principal's (principals') identity, by current state or federal identification with the principal's (principals';} photograph to the form of Norl h Carolina driver licenses and each principal acknowledged t�g`"t that be or she volunlarily sigucd the foregoing document for the purpose stated therein�ond in )he Name(s) of Priatipal(s) and Title(s), if any. Date: q&4 62 ,O 6& - O,,Q`icial Sig ire ajNulaty (Off ettl) A. (Off s� .j0TA1?k N�PJinf Type ainiy �ji�L�mry, Notary Public r 7� A CJ V ttavo ? My Comm lion Expirc,: 05. APPLICATION FOR A MISG PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) Name of Mine Coastal Land & Sand Company, LLC County_ Brunswick River Basin Lumber River Latitude (decimal degrees to four places) N 3 4- 0 2- 3 8 Longitude (decimal degrees to four places) W 78-19-25 2. Name of Applicant* Charles E. Jackson, JR. Permanent address for receipt of official mail** P.O. Box 567 Fairmont, NC 28340 Telephone (910 ) 628-8593 Alternate No. (910 ) _740-9129 4. Mine Office Address 610 Middle -River Road, NE Belivia, NC 28422 Telephone (91 o ) 74o-91 29 5. Mine Manager Charles E. Jackson, Jr. 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 I Date _ 6115109 Print Name Charles E. ck on, Jr. Title Managing .partner * 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 comoany officer required. G.S. 74-51 provides that the Department shall grantor deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MINING PCIT • NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the ntended 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 t e "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 p jr&iit number and the total (overall) acreage covered y the existing permit: Mining Permit No.: 292 5 , 0 _ Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ® If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: 10-29 Total permitted acreage: 2 5 Does the modification involve acreage within the previously approved permitted boundary? _ rt�� Yesx❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage J� that the "major modification" fee will be based upon): J 7.5 2 _ Does he modification involve acreage outside the previously approved permitted boundary? � ��5 Yes No ❑. If yes, indicate the additional acreage to be covered by this �a - modification: 2. -4 R (NOTE: you must complete all of Section F. of this application form I" {� 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 Q (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): x❑ 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.: 1 0- n Total permitted acreage: �9 s e c _ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand 3. Mning method: Hydraulic Dredge Front-end Loader & Truck ® Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) -35 Depth is relative to what benchmark? (e.g. natural ground level, mean sea level, road elevation, etc.) 14a t:ural Ground b. Expected average depth of mine (feet) 30 -2- APPLICATION FOR A MI NI G PERMIT 5. Has any area(s) at this site been mined in the past? Yes © No ❑ If yes, when and by whom was this activity conducted? Tripp's Construction, LLCR__..._ 6. Number of years for which the permit is requested (10 years maximum): B. MAPS 10 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(4) 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 ww. w.aeoIoay.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.ncdol.or it/ ,isContact/default.htniI 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate, limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile•areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. -3- APPLICATION FOR A MINING PIT n LJ 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 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres l inch = 50 feet 50-199 Acres 1 inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) .4_ APPLICATION FOR A MAG PERMIT 0 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 N/A Stockpiles .37 Wastepiles None Processing Area/Haul Roads • 10 Mine Excavation 9.81 Other (Explain) N/A Total Disturbed Acreage 9.91 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 FORAI). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING IERMIT • 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. 1. Continue to mine sand in thecexisting mine. 2. If modification and transfer request is approved, will remove sand by shovel and truck for transportation off site. 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. I. The area to be reclaimedv4ill be completed prior to band disturbing activities. 2. Silt fencing will be installed prior to land disturbing activities (see map). 3. The mining operation will continue to create.a hole with no discharge. 4. Buffers as shown on map will remain betweenrimine area and property lines to filter any sediments before they leave the property, 3. a. Will the operatio involve washing the material mined, recycling process water, or other waste water handling? Yes (J No f 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 ©. Ifyes, briefly describe the nature ofthe discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). -6- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ® No ❑. If yes, do you intend to dewater the excavation(s)? Yes ❑ No ❑. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons r day: Locate all existing wells orr the mine.map(s) that lie within 500 feet oe proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. No existing well, within 500 feet of existing mine. 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. No dewatering will occur, therefore no permit is required. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No J1. 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? lihen dry or dusty condition occur, then mane will use a water truck to wet dusty areas. -7- APPLICATION FOR A MINING Amur 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 withimthe buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all,btiffers 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). See map for buffer areas. 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). See map for buffers. There will be 75 feet or more buffers between land disturbing activities and any wetland. 6. a. Describe methods to prevent lwidslide 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. Material is sandy, therefore all side slopes will be 3 to 1 or flatter. .8- APPLICATION FOR A MAG 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 ofany benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. I. See map for cross-section of mine area. 2. Side slopes will be 3 to 1 or flatter. 3. No berms, all non-vegetativb(!buffer,-areas will be seeded per specifications. 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). See cross—section on mine;r,map. 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. N/A 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. 1. Buffers will be in a place so as not to harm any neighbor. 2. No structure within 300 feet of any proposed excavation. 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). A gate has been installed at the entrance of the haul road. -9- APPLICATION FOR A MINING PILIT 9. Are acid producing minerals 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 benris or other measures. Show the location of all visual screening on the mine map(a) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. A sufficient buffer or natural vegetation will remain around all portions of the operation. See map for buffers. 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? Not in my opinion. 11. WiIl explosives be used? Yes ❑ No M. If yes, specify the types ofexplosive(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, Ifyes, describe these materials, how they will be stored and method of containment in cc rse of spill. Indicate the location(s) of all storage facilities on the mine map(s). APPLICATION FOR A MIRG PERMIT • D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must he illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical crass -sections, of any permanent channels to be constructed as part ofthe reclamation plan and the location(s) ofall permanent channels must be indicated on the reclamation map. The end result will be an excavated lake with no discharge with an approximate water depth of morelthan 10 to 15 feet:. All adjacent areas will be graded and revegetated so as to prevent the collection of noxious or foul. water. 1 Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ® No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes © No If yes, specify species. Bream, bass andr+catfish. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations or all permanent barricades must be shown on the reclamation map. No permanent barricades will be left, all wager in the minedtarea will be ground or rain water, 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. No spoil or waste stock piles would remain on site. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. Processing facilities, stockpile areas, and on -site roadways will be obliterated so as tolumaintain adequate water depth in mined area. b. Will any on -site roadways be left as part of the reclamation? Yes ❑ No 0. If yes, idenlifysuch roadways on the reclamation map and provide details on permanent road and ditch line stabilization. 6. Describe the method of control of contaminants and disposal of scrap metal, junk nnachinery, 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 disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine maps) and reclamation map, along with a list of items to be disposed in said areas. Not aware of any contaminates or waste products that this operation would generate. If contaminates were to occur, then they would be disposed of in accordance with current regulations. -12- APPLICATION FOR A MIN NG 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 plaritings 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; gg N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; lt. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seedin Dates: Seeding Rates: See report by William Bailey, Jr. MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING, SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Print Name Title Agency Date . 13 - APPLICATION FOR A MINING ICIT • E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to he used to establish an appropriate bond (based upon a range of $500 to $5,000 per affected acre) for each permitted mine site based upon the acreage approved.by the Department to be affected during the life of the miningpermit. Please insert the approximate acreage for each AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 0 Ac. X $ C) /Ac. — $ 0 Stockpiles: .37 Ac. X $ 1800.00 /Ac. _ $ 666.00 Wastepiles: 0 Ac. X $ 0 /Ac. — $ 0 Processing Area/Haul Roads: 0.10 Ac. X $ 2000.00 /Ac. — $_ 200.00 Mine Excavation: 9.81 Ac. X $ 500.00 /Ac. _ $ 4909.00 Other: 0 Ac. X $ 0 _/Ac. — $ p TOTAL AFFECTED AC.: 9.91 Ac. (TOTAL PERMITTED AC.: 12 _ 42 Ac.) Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 12.42 Ac. b) Positive Drainage 0 Ac. X $1,500.00 = $ _ _0 _ SUBTOTAL COST: $ 5771.00 Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (I to 10 years): 10 INFLATION COST: $ 115.42 5886.42 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ Total Reclamation Bond Cost: $ 5900.00 (round down to the nearest $100.00) -14- APPLICATION FOR A MAG PERMIT Cl 7_ Describe your plan for rvegetation 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 �(ton acr I ): FERTILIZER - ANALYSSIS,, AND D R.AT�FA,PP�ICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: See attached �p MULCH - TYPE AND RATE OF APPLICATION (pou ds/acre) AND METHOD OF ANCHORING: V-7 OTHER VEGETATIVE COVERS - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spa ing of trees/slu-ubs, etc): 5 �C� Revegetation d/or i Signature Print Naive . t! r Title 4�ys Agency Lt pip proved by: Date G 13 - 9 u TEMPORARY SEEDING RECOMMENDATIONS Table 6.10a Date Winter & Early Spring Seeding mixture Spede3 Rat b {lb/i000 ft�) Rye (grain) 720 2.75 Annual lespedeza (Kobe in 50 1.15 Piedmont and Costal Plain, Korean in Mountains) Omit annual lespedeza when duration to temporary cover is not to extend beywid June. Seeding dates: Mountains -- Above 2500 Et: Feb. 15 - May 15 Below 2500ft; 'Feb. 1 - May I Piedmont - Jan. 1- May 1 Costal Plain - Dec. 1- April 15 Soil amendments: Apply time and fertilizer according to soil tests, or apply 2,0001b/acre (45.9 lb/1000sq (t) ground agricultural lire&stone (use -the lower rate on sandy soils) and 750 lb/acre (17.2 lb11.000sq ft)10-10-10 fertilizes. Mulch. Apply 4,000 lb/acre (91.83 lb/1000sq ft) straw. Anchor straw by tacking with asphalt, netting, or a mulch anchoring tool. A disk with blades set nearly straight can be used as a mulch anchoring tool. Maintenance: Referdli2e if growth is not fully adequate. Reseed, referdlize and mulch immediately following erosion or other damage. Table 6.10b Summer Seeding mixture 5necies 1 Rate (lb/ante) {lb/1000 ft� cerman millet 40 0.92 In the Piedmont and Mountains, a small -stemmed 5udangrass may be substituted at a rate of 50 lb/acre. Seeding dates: Mountains - May 15-Aug. 15 Piedmont - May I - Aug. 15 Costal Plain - April 15 -- Aug. 15 Soil amendments. Follow recommendations of soil test or apply 2,000 lb/acre (45.9 lb/1000sq ft) ground agricultural limestone and 7501b/acre (:172 lb/1000sq ft) 10-10-10 fertilizer. Mulch; Apply 4,0001bfarre (91.83 lb/1000sq ft) straw. Anchor straw by tacking with asphalt, netting, or a mulch an&cring tool. A disk with blades set nearly straight can be used as a mulch anchoring tool. Maintenance: Rcfertilize if growth is not fully adequate. Reseed, referdlize and mulch immediately following erosion or other damage. Table 6.10c Fall Seeding mixture ift I Rate Q1 cre) lab11400 ftz� Rye (grain) 120 2.75 Seeding dates. Mountains - Aug. 15 - Dec. 15 Piedmont & Costal Plain - Aug. 15 - Dec. 30 Soil amendments: Follow recommendations of soil test or apply 2,000 lb/acre (45.9 lb/1000sq ft) ground agricultural limestone and 1,0001b/acre (22.9 lb/1000sq ft)10-10-10 fertilizer. Mulch: Apply 4,000 lb/acre (91.83 lb/1000sq ft) straw. Anchor straw by tack& g with asphalt, netting, or a mulch anchoring tool. A disk with blades scat nearly straight can be used as a mulch ancl►adng tool. Maintenance: Repair and refcrtillze damaged areas immediately. Topdress with 50 lb/acre (1.15 lb/1000sq €t) of nitrogen in March. if it is necessary to extend taMporary rover beyond June 15, oversped with 50 lb/acre (1,15 lb/1000sq ft) Kobe (Piedmont and Costal Plain) or Korean (Mountains) lespedeza im late FebTuary or early March. PERMANENT SEEAING RECOIVIIVIA'1'10N5 Fall & Early Spling m,.htp 4_77n Seeding No. 1C:P for: INeII to poorI-y Drained Soils tviih Goad Moiswre Retention; Low Maintenance Seeding u xtuxe eb 0 Tall fescue BO 1.84 Perssacola Hatuagrass 50 1.15 Sericea lespedeza 30 0.69 Kobe lespedeza 10 0.23 Seeding notes: 1.. Prom Sept, 1 - March 1, use unscarified sericea seed. 2. On pooriy drained sites omit sericea and incrwc Kole to 30 lb/acre 3. Where a neat appearance is desired, omit sericea and increase Kohe to 40 lb/acre. Nurse Plants- Between Apr. 15 and Aug.15, ad 10 lb/acre German Millet or 15 lb/acre Sudangrass. Prior to May 1 or after Aug. 15 and 25 lb/acre rye (grain). Seeding dates: . DZI Early spring: Feb. 15 - March 20 Feb,15 - April 30 Pau: Sept. 1 - Sept. 30 Sept. 1- Oct. 31 Soil 2unendments: Apply lime and fertilizer according to soil teats, or apply 3,000-5,000 lb/acre (68,9-114.8 lb/1000sq ft) ground agricultural limestcme (use the lower rate can sandy soils) and 1,000 lb/acre (22.9 lb/1000sq ft) 10-10-10 Fertilizer, Mul&: Apply 4.Op0 lb/acre (91.9 lb/1000sq ft) grain straw or egWvalent cover of another suitable mulch. Anchor maw by tacking with asphalt, netting, or roving or by crimping with a mulct, anchoring tool. A disk with blades set nearly straight can be used as a mulch anchoring tool. Maintenance: If growth is less than fully adequate, refertiiize in the second year, according to soil tests or tapdress with 500 lb/acre (U.5 lb/1000sq ft)10-10-10 fertilizer. Mow as needed when sericea is omitted form the mixture. Reseed, fertilize, and mulch damage areas immediately. Late Sprmig & Early Summer Table 6.11t Seeding No, 5cp far: Well -Drained Sandy Loams to B&y sands; Low Maintenance Seeding mixture S,peci¢s 11 Rate Gb/am) lb 1000 fts Pensacola bahiagrass 50 1,15 Serida lespedeza 30 0.69 Common Bermuda ass 10 0.23 German millet 10 0,23 Seeding notes: 1. Where a neat appearance is desired, omit sffdcea. 2. Use common Bermudagzass only on isolated sites where it cannot become a pest. Bermudagress may be replacing with 5 .b/acre centripedegrass. Seeding Dates: April 1- July 15 Soil amendments: Apply lime and fertilizer according to soil test, or apply 3,000 lb/acre (68.9/1000sq ft) ground agricultural limestone and 500 lb/acre (11.5/1000sq ft) 10-10-10 Fertilizer. Mulch: Apply 4,000 lb/acre (91.8 lb/1000sq ft) grain straw or equivalent cover of suitable mulch. Anchor by tacking with asphalt, roving, or netting or by crimping with a mulch anchoring tool. A. disk with blades set nearly straight can be used as a mulch anchoring tool - Maintenance: Rnfardlive the following April with 30 lblacre (1.15lb/1000sq ft) nitrogen_ Repeat as growth requires. May be mowed only once a year. Where a .neat appearance is desired, omit sericea and maw as often as needed. APPLICATION FOR A MI NG 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). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" - 15 - NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice; is hereby given that Charles E. Jackson Jr. has applied on 6/ 15 /09 (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 Iand 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 modifications) may he submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. /a• ,IQ The applicant proposes to mine Sand on—20.00' acres located 4.12 (Mineral, Ore) (Number) (Miles) NE of SuP21y offlnear road _ SR -1448 _ (Direction) (Nearest ']'own) (Number/Name) in Brunswick County. *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, 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 comments) 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 nronosed minim activity. please contact the armlicant at the following telenlione number: For information on the mining permit application review process, please contact t e ming rogram stat 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 application review process until a final decision is made on the application. (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) (Date of' Issuance of this Notice/ (Address of Appli Mailed to AddresseeJOwner of Record) - 16- ADJOINING LAND OWNERS NAMES & ADDRESSES, PLUS COUNTY MANAGER 1. The Nature Conservancy Box Number 5 131 Racine Drive, Suite 101 Wilmington, NC 28403 2. Jack G. Stocks h , 2 )1 N. 5`t' Avenue V Wilmington, NC 28401 3. Keywanna L. Bellamy P.O. Box 314 Supply, NC 28462 Q. Edsel Bellamy 1317 K. Street SE, Apt. 6 Washington, DC 20034 5. Annie R, & Elbert Walker 82212 Colgate Avenue Bronx, NY 10473 6. Adalane & Gary Fullwood 359 Fieldview Lane SW Supply, NC 28462 7. Dora Belle Bellamy / c/o Adalane & Gary Fullwood V 359 Fieldview Lane SW Supply, NC 28462 8. Marty Lawing V/ County Manager P.O. Box 249 Bolivia, NC 28422 APPLICATION FOR A MAG PERMIT AFFIDAVIT OF NOTIFICATION 1, Charles E. Jackson, Jr. , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) see attached list (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, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) [i.e.: City Manager, County Manager, Mayor, etc.] Marty Lawing County Manager (Address) P.O. Box 249 Bolivia, NC 28422 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(b 1) and 15A NCAC 513.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of ppli ant or A(ent zs I oY T� 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 1, Redj r,dli 1. N i iSo r) a Notary Public of the County of i C_ , State of North Carolina, do hereby certify tl appeared before me this day and under oath Witness my hand and notarial seal, this Notary: ve Affidavit was made by him/her. 2009, ission expires: Cdolxr 2-9, 2__D I I APPLICATION FOR A MINING AMIT • 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 flours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: (�4,9s, C-,4ignature:* Print Name: Nt-4s. Imo_ J Y[tio.) -IT� Print Name (Title, if applicable) Company ear a_ J C-fd- 41tle: (Ifapplica e� ) Address: v Telephone: (qlo) Q� !�Zg 17 Date Signed: Company- I :yr�SL-�LA,S G��SsMc� _Co• LLt✓ Mine Name:` o&.%-L i LAJ a, D -rap.X Co.._ LLC' Telephone: (q f 0 ) / �(,O — IF/ a`.. ' - Date Signed: (� p `Signature must be the same as the individual who signed Page I of this application. 181 or money order payable to the No sent to the Land QuafiLhL Section form. see next page for tee seneaute) in the Lorin a cueck of Environment and Natural Resources must be �,ess listed on the front cover of this application Inquiries regarding the status of the review.ofithas appticatio Aliiould be directed to the Mining Program staff at (919) 733 -4574. , • # : ,a1 f t 011 'r.a 'iL ■ Complete (tams 1, Md 3. Also complete item 4 1f Restricted Delivery Is desired, ■ Prtnt your name and address on the reverse so that we can i'aiii n the card to you. ' ■ Attach thts card to the back of the mailplece, or on the front H apace permits. 1. Article Addressed to: of Ads. I0. /Wo0c� 5--jop1-7 Svc p 2 A. Signature X ❑ Agent ❑ Addressee B. AxeNed by (PrOted Nerve) Oate of Oelmv D. to dellvvy address different from item 1? .0 Yea H YES. enter delivery addross below: 0 No 3. Service Type ❑ Certtied Merl ❑ Expreav Mall ❑ Registered O Retum Receipt for Mert hsrldi8a a Y W o Insured Mall ❑ C.O.D. 4. Restricted Deilvaryr (Extra fee) ❑ Yee 2. ArOde Number 7008 0500 0000 388E 5213 rnarmfer trtxn service lsbafj PS Form 3811, February 2004 Domestic Return Receipt 102526-W-W1640 ■ Complete fterrls 1, 2, and 3. Also complete Item 4 n Restricted Dellvery Is desired. a Pont your name and address on the reverse so that we can return the card to you. ■ Attach thls card to the back of the mallpiece, or on the front 0 space permits. t. Article Addressed to= S4.46'4 e- ilo W,'lm;�cj�vr�r nIC aQy -�_ 2. ArWe�ILmber. Signature ❑ Agent 9, R9681VOU by (PrintW Name) C. D. la delivery address 1117 am& from item 17 ❑ Yea ff YES, enter delivery address below: ❑ No 3. Service Type ❑ CerMW Mail ❑ Express Mall ❑ Registered ❑ Return RaceEpt 1'vr Momhandiee ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Ex" Fee) © ybe 7II08 05Qa 00C10 388E 244]j PS Form 3811, February 2004 Domeaft Return Receipt 1 -W1s4o 6 Complete items 1, 2, and 3. AJso complete Item 4 H Restricted Delivery is desired. a Pint your name and address on the reverse so that we can return the card to you. III Attach this card to the back of the mailplece, or on the front if space permits. 1. Artlde Addressed to: /' A Gi �fn e- 4- trim,, F-i JIW DOP 359 f;e vi L o-� 5t-� 5LA- PPI' 1 Nc A. Sign�°ra x ❑Aunt B.' Reoelved by (Prfntad Name) C. Date of Dell �Q .� , V 1 D. Is deihrery address different from Item 1 ? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ ceruned Mall ❑ Express Mail a(o Z O Registered O Return Receipt fbr tuteroharldtse . 0 insured Mau ❑ C.O.D. 4. Restricted Delivery? (Ex" Fee) ❑ tba 2. aMdo umner )WWW7008 0500 6000 3882 5206 PS Form 3811,.February 2004 Domestic Plenum Receipt •M-�- ^^ ■ Complete Items 1, 2, and 3, Also complete Item 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you, ■ Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: mc- rI� Cf Y1wr,a�cr a,0I'�'`'{ rj a Signature ❑ Agent X ❑ Addressee B. Received by (Printed Name) G. Date of Delivery Ardma Wh" +c-', (v-t5-off D. is ddNery address diflererst from Item 17 O Yes If YES, enter deiN ry address below: ❑ No 3. Service lype ❑ Certified Mail EI Eqxum Mail 13 Registered ❑ Return Reoelpt for MerdrarrdIse O" O insured Mail ❑ C.O.D. 4. Restricted De1lvW (E+dra Feel Cl Yes 2. ArtldeNumber 7008 05aQ 0000 3882 5091 (Aw*bt ftm aarvto IaW PS Form 3811, February 2fl04 Domesttc Return Receipt ■ Complete items 1, 2, and 3. Also complete Rem 4 If Restricted Delivery Is deslred. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front V space permits, 1. Article Addressed to: a-}L lc. Cr S 4 L � 4rTJ. N s f I- A J e N IT 102685-02#1 t1W A. yI� ❑ snt h�flrrl/V ofpFt! ❑ Addressee B. Recelved by (Printed Name) I C. Date of Delivery D. Is delivery address dkBererI from Item 17 ❑ Yes If YES, enter delivery address below: 0 No 3. Service Type © Certffled ftl ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise . ❑ Insured Mall ❑ C.O.D. 4. Restricted DeWery? tExtra Fee) ❑ 'A" 2• Number 7008 0500 0000 3882 5084 (►►ens W Aom aervlaa f Ps Form 3811, February 2004 Domestic Retum Receipt 102606424* 1e40 ■ Complete Items 1, 2, and 3. Also complete Rem 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece or on the front If space permits, 1. Article Addressed to: A/j ri , 4 C �bQ'14 t IC4I[G. JOV7 3 A. Signature x ❑ ,�gertt _ .. �L , Ct dressed 9. Reoeh'ed by (PdnW Afar" Delivery D. Is dl ihrery address d If YES, enter delivery a rssa be ow; ❑ No S�1N 2 7 2D09 3. Service Type 0 CertMed Mall © Exprese Mall ❑ Registered ❑ Return Reoelpt for Merchandise ❑ Insured Mall ❑ C.O.D. 2. Article Nu (fiansrer f PS Form 31 'o2�i s4o 0 Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. ® Print your name and address on the reverse so that we can return the card to you. 19 Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: 6. 9 Ived (Prfnted N } C. Data of Dellvery A. is auvery address different from item 17 ❑❑ YY It YES, enter delivery address below: IIJ'ttn t 3, Service Type St" i? jJ r • i , ❑ CertJFled Mail ❑ Express Mail } ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mali 0 C,O.D. 4. Restricted Delivery? Parrs Fee} ❑ ybs z. Articlwftomr 7008 0500 0000 3882 5022 (TFansfer from servfce label} PS Form 3811, February 2004 Dom)fMc Return Receipt ioz5s5 oz rat tsaa SENDER:.SEcTjoIV ® Complete Rems 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. m Print your name and address on the reverse So that we can return the card to you. 4 Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to; 2. Article Number 7008 0500 0000 3882 5091 (7tansfer from Servfce label} { PS Form 3811, February 2004 Domestic Return Receipt 102505 a2Ai-154o a Complete items 1, 2, and 3. Also complete Item 4 It Restricted Delivery is desired. 0 Print your name and address on the reverse so that we can return the card to you. © Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: Cr. S j a C �� 5 W COMPLETE THIS . DELIVERy A. Signature X ❑Agerrt ❑ Addressee a. Received by (Printed Name) C. Data of Delivery b. is delivery address dff mm tram !tern 17 ❑ Yea If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certifed Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Morahmedlsa L7 Insured Mall ❑ C.O.D. 4. Restricted DelNery7 (Extra i=eeJ ❑ yes X S� ❑ ant "- ❑Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from Item 17 ❑ Yes if YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ; ❑ Registeted ❑ Return ReWpt for Meretmndlae ❑ Insured Mail ❑ C.O.D. 4. Resmcted DeINW Xxha Fee) ❑ Yes 2. Article Number 7D08 fl5fl0 0000 3882 5084 (Tiarrsfer "m Service raneq Ps Form 3811, February 2004 Domestic Ratum Receipt 102595.02-10-+saoj R Complete items 1, 2, and 3. Also oomplate A. Signature item 4 H Restricted Delivery is desired, x A9 a Print your name and address on the reverse dressee so that we can return the card to you. 13. Received by (Printed Name) Delivery [s Attach this card to the back of the maiiplece, S' or on the front R space permits. 1' Ankie Addressed to: 0, Is delivery address dlfto If YES, enter de#every ed rase below: s ❑ No A,,,o 4 E 16�}� lc�� ��� 2 7 2009 Co y ate offd1 3, Service Type ❑ Certifed Mall 0 Express Mall D!/ T ❑ Registered ❑ Return Receipt for Merchandise ❑ insured Mail 0 C.O.D. d Roe+.l..furi rluli.,ann fFv+m Gas,l r"r v� 2. Artlde Nu (7Yansler I PS Form 3l _ _ 02-WI50 $ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. a Print your name and address on the reverse so that we can return the card to you. a Attach this card to the hack of the mellplece, or on the front If space permits. 1. ArWe Addressed to: 11 pares Be11� �f��r-7 367q I9-NCj sL �C �� Z '2 P A. Sfgnehrre x 06&l ❑ Agent ❑ Addressee B. lieceived by (Prfntad )Vame) �Date CJ�3Dep D. Is delivery address ci ter+ent from Rem 17 ❑ Yes If YES, enter delivery address below: 0 No 3. Service Type ❑ Certlflad Mall 0 Express Mall ❑ Registered ❑ Return Receipt for Merchandise 0 Insured Mall ❑ C.O.D. 4. Restricted Delivery? {Extra Fee} ❑ Yes -2. Article Number 7008 0500 0000 3882 5213 MWISW from swvrce kd*) PS Form 3811, February 2004 } DomWIC Return Receipt a Complete items 1, 2, and 3. Also complete Item 4 0 Restricted Delivery Is desired. a Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: -r� t N6,4(A(-- colvst ��� ,✓c,.� CO,t PLErF THI 1 10259502•M- f ye4 Name) I C. ❑ Agent © Addre � Ate_ �1 't " p, Is delivery address alffererIll from qem 1? 0 Yes It YES, enter delivery address below; ❑ No 1 C- L N e ' 3. Service Type ❑ Certified Mall 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise N� ❑ insured Mail 0 C.O.D. 4. Restricted Delivery? (Eft Fee) ❑ Yos 2. ArWs Number 7008 0500 0000 3882 2441 (1!•ensror'rroi» service Caber) l PS Form 3811, February 2004 Domestic Retum Receipt tazssa az•ns t5ao 0 ® Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ® Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailplece, or on the front it space permits. 1. Article Addressed to: G( a fG�rr.� F"t II W dQ� 359 F e IMP (i i-CJ a-- s� SECTIONCOMPLETE THIS . A. Sig re / ❑ Agent ❑ Addraseee B. Recetved by (PfmW Name) C. Date of Del D. Is delivery address dHt mnt from Item 1? ❑ Yes If YES, enter dellvery address below: ❑ No c ! 3. Servioe Type 1 ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Retum Recelpt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (&tre Fee) ❑ YYw 2. ArWeNumtw 7008 0500 0000 3882 5206 (f infer from service law PS Form 3811, February 2004 Domestic Return Rwelpt 102595-02-M-1540 ru r� Ln I L U S E U !!'1t co I tJ . 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Tripp, Jr. DBA Tripps Construction, LLC PO Box 126 Ash, North Carolina 28420 RE: Mining Permit No. 10-29 Advanced Residual Management LLC Mine Brunswick County Lumber River Basin Dear Mr, Tripp: Michael F. Easley, Governor William G. Ross Jr., Secretary Your request to have the above referenced mining permit, issued to Advanced Residual Management LLC, transferred in its entirety to you and 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 and expiration date 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. As a reminder, your permitted acreage and affected acreage for this site are both 25 acres, as indicated in the transfer application and on the mine map last revised May 7, 2003. Please be aware that Mining Permit No. 10-29 expires July 8, 2009. in order to continue mining operations at this site after July 8, 2009, a renewal request must be submitted prior to said date. 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 Mr. Tripp Page Two Again, if you should have any questions on this matter please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574. Sincerely, Floyd .Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRW/jw Enclosures cc: Mr. Dan Sams, PE Mr. Bradley Bennett-DWQ, w/enclosures Ms. Shannon Deaton-WRC, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Harold Dave Tripp and James R. Tripp, Jr. DBA Tripp's Construction LLC Advanced Residual Management LLC Mine Brunswick County - Permit No. 10-29 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: July 8. 2009 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 April 2, 2001: This permit has been modified to increase the affected acreage to 25 acres as indicated on the Mine Map last revised January 16, 2001. June 20, 2003: This permit has been transferred in its entirety from Weldin Todd to Advanced Residual Management LLC. December 11, 2007_ This permit has been transferred in its entirety from Advanced Residual Management LLC to Harold Dave Tripp. and James R. Tripp, Jr. DBA Tripp's Construction LLC. Page 3 Expiration Date This permit shall be effective from the date of its issuance until July 8, 2009. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental 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 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. C. Buffers shall be maintained as indicated on the mine map last revised May 7, 2003. 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. Page 4 B. All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations. C. Mining shall be limited to the area of Blanton Type Soils. D. Mining activities shall be conducted as indicated on the mine map last revised May 7, 2003. 5. All permit boundaries (26 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. 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 May 7, 2003. 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. 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 $14,500.00 Assignment of savings Account, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides. Minimum Standards As Provided By G.S. 74-53 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 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 101D. 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 Lespedeza (unscarified) 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 B-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - Ali seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately. Page 8 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. 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 Weldin Todd July 8, 1999, modified April 2, 2001, transferred to Advanced Residual Management LLC June 20, 2003, is hereby transferred in its entiret� to Harold David Tripp and James R. Tripp, Jr. DBA Tripp's Construction LLC this 11 h day of December, 2007 pursuant to G.S. 74-51. James 0, Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources Z I Ra Wi V-1 OV tt "Ir l�fEEf l }}_ �f Eif[ r{E tA� ��•3_ �� r•E.a � ,�k� �,b �ii �jf� E F E E 4kSLL`S: �yy�� yy$yygq . r 0� I I "i i i i`r off {sfl# 3 µ'.ir •..., EI� E1{4 P9 �s� 34i�f f { }{# E iv 3 f• 9 � •E; iA!}a a `�s.}�E } :ao f'. � =m¢r'Y��i, 9•c_ ip 3'_ ��x= Illi'i}{! 'i• E al E q E i9 'A�9Fi [ ! R I k LLJ MI lmiliiiilimiii� INDONESIA nunrnv� L f8 Jill�9 ��' li i s {1 ii 3� Z` f{IN 8 � i� E � r�� e= ;�• e� !i ' IF NEI �0 �0 A 991 lit, ;3 ss EM 111211111111111111111111 OR Ell 1111MR11101 WIN Hauffindlualu UdIUM INIM11111.111111 11111 .... 11111 MINE 0 I fill ji, Hung]UHAUDIUMIUMMUM IN I t a is 4 s E xx Oil I t a is 4 s E xx Oil A� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, P.G., P.E. Director and State Geologist CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2760 0001 9283 8995 Mr. J. Gary Steele Advanced residual Management LLC PO Box 10159 Southport, North Carolina 28461 Re: Mining Permit No. 10-29 Weldin Todd Mine Brunswick County Lumber River Basin Dear Mr. Steele: Land Quality Section December 11, 2007 Michael F. Easley, Govemor William G. Ross Jr., Secretary Your request to have Mining Permit No. 10-29 transferred in its entirety from your company to Harold Dave Tripp and James R. Tripp, Jr. DBA Tripp's Construction LLC has been approved. As we have received Harold Dave Tripp and James R. Tripp, Jr. DBA Tripp's Construction LLC'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. Therefore, I am returning your company's $14,500.00 Assignment of Savings Account no. to you for your disposal. Thank you for your cooperation in this matter. Sincerely, Floyd }Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRWIjw Enclosure- Assignment of Savings Account no. cc: Mr. Dan Sams, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau 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 Affirmalive Action Employer — 50% Recycled 110% Post Consumer Paper 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 November 19, 2007 Certified Mail Return Receipt Requested 7006 2760 0001 9283 8834 Mr. Harold Cave Tripp Mr, James R. Tripp, Jr. Tripp's Construction LLC PO Box 126 Ash, No Re: Advanced Residual Manageme Mining Permit No. 10-29 Brunswick County \ Lumber River Basin Dear Mr. Tripp: IIT, IG1- Michael F. Easley, Governor William G. Ross Jr., Secretary The review has been completed on the transfer request your company submitted for the referenced mine site. However, the following is needed to continue processing your application: The replacement reclamation bond must be submitted. The reclamation bond for this site has been calculated to be $14,500.00. The bond will be required prior to approval of this transfer. 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., Harold Dave Tripp, and James R. Tripp, Jr. DBA Tripp's Construction LLC. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. Please be advised that the transfer request cannot be completed until the new bond amount has been received. 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 so� 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 November 19, 2007 Certified Mail Return Receipt Requested 7006 2760 0001 9283 8834 Mr. Harold Cave Tripp Mr. James R. Tripp, Jr. Tripp's Construction LLC PO Box 126 Ash, North Carolina 28420 Re: Advanced Residual Management LLC Mine Mining Permit No. 10-29 Brunswick County Lumber River Basin Dear Mr. Tripp: Michael F. Easley, Govemor William G. Ross Jr., Secretary The review has been completed on the transfer request your company submitted for the referenced mine site. However, the following is needed to continue processing your application: The replacement reclamation bond must be submitted. The reclamation bond for this site has been calculated to be $14,500.00. The bond will be required prior to approval of this transfer. 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., Harold Dave Tripp, and James R. Tripp, Jr. DBA Tripp's Construction L.L.C. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. Please be advised that the transfer request cannot be completed. until the new bond amount has been received. 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 1 10% Post Consumer Paper CERTIFIED MAIL Mr. Tripp 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 transfer 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, NC 27699-1612 Please contact me at (919) 733-4574 if you have any questions. Sincerely, P"w��—, Judith A. Wehner Assistant State Mining- Specialist Land Quality Section Enclosures: Bond Forms CC.' Mr. Dan Sams, PE MINING CHECKLIST FOR ROUTING !�r� /9!-� Applicants Name: rrolcct ame: ApplicJPermit No.: OR5 County: L*7)9Date Received: Reviewer: River Basin Name: Q;&?Lja4--- 0 New ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) Yrart5fer 0 Release ❑ ParGiai Relea5e 0 Additional Information ❑ Fee Needed: $ E 'i 6e Received: $ Lb ` o )wjfia entire annlication nackaae to: Regional office (2 complete copies; attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach tath the ©WQ and DAQ "Mining Application Review Form" to the other copy; send both copies 'P-`�'Rec'd bional Engineer) Date: Routed lo% ❑ Division of Water Resources Date: Routed ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ U5 Fish & Wildlife 5ervice Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NC Geological 5urvey 5ection Date: Routed Rec'd (Only new applications and modification reo�uesta that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑ other. _. Date: Routed Rec'd -**5uopen5e Date for Comments: r I (no later than 25 days from receipt) ❑ Please note the following: tr, - 4� JVA�� • •� ,��,.xwurc•rtu�,,yc• Kati pp f c��, FIRSTIBANK 20853 C c, SHALLOTTE, NC 28470 �RUmolk 10/17/2007 rrn, . ,o PAY TO TIC ORDER OF ..NCDENR $—100.00 One Hundred and 00/100+trtrtttrtwrrwrwwwwtt+wwwww«wwwtwwttt+trtttt++tatrtrrtrr+++r+rr++rrrartartttrtttrtratrttttttttrrttrt DOLLARS NCDENR-Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 MEMO AUTHORIZED SIGNATURE SECURITY LOCKS WILL DISAPPEAR WHEN COPIED OR WITH NORMAL DOPY HEAT J V.- 0 0 B M Long & Associates P.O. Box 1117 * 6609 Ocean Hwy West * Shallotte, NC 28459 Phone (910) 754-6300 * Fax (910) 754-5486 -LAND SURVEYORS * PLANNERS - WE SURVEY THE LAND AND ANYTHING THEREON October 17, 2007 Judy Wehner NCDEN R Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 RE: Transfer Application For Mining Permit # 10-29 Brunswick County, NC Dear Ms. Wehner: RECEIVED eel 22 2007 ,LMD o0&n Enclosed is check for transfer fee and Sheet #1,2,3 & 18 plus revised mine map. If you need any additional information, please advise. Sincerely, lzzb r } Bobby M. g E NORTH CAROLINA DEPARTAffiN'T OF EN'V1RO1 MENT ANT NIA.TURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A i171NING PERAflT (PLEASE PRINT OR TYPE) L Name of Mine Advanced Residual Management, LLC County Brunswick Lumber N 34-02-38 W 78-19-25 lZiver Basin La itude ddd.�ram.ss) Longitude (dd.mm.ss) rol Dav Tripp 2. Name of Applicant` James R. Tripp, JR. dba Tripp's Construction, LLC 3. Permanent address for receipt of official mail** P.O. Sox 126 Ash, NC 28420 Telephone 910-287-3234 4. Mine Office Address 9854 River Gate Drive Ash, NC 28420 _Telephone 910-287-3234 5. Mine Manager Harold Dave Tripp We hereby certify that all details contained in this Permit Application are true and Correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. Date 10/17/2007 Print Name, 104TCsZ . ` f r; r� �� „ {- a2L-b Title _ j�tvr' .r I a t. yv _....� ._ This will be the name that the mining permit will be issued to and rrcclarnatim bin {securitvl 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. 74-5I provides that the Depa=eent shall grant or deny an applicatiop 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 giiestioazs must be addressed an-d all required maps proNrided before this application can be considered complete. Attach additional. sheets as needed. APPLICATION FOR A MINING PERMIT a NOTE; All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the amine. All responses must be clearly conveyed on a corresponding, detailed dune map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: I . a. If this is an application for a N-T,)Y 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, bow much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: b. If this is an application for RE, NEWAL of a mining permit, indicate the miring 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 MQDIFICATION 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 outsi id the previously approved permitted boundary? Yes.r.._. Nc._ 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.: 10-29 Total permitted acreage: 25 u SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE A1II0UNT TO BE PAID FOR THE REQUESTED PERMT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mimed: 3. Mining method: Hydraulic Dredge Front-end Loader & Truck x Shovel & T'ruck- Dragline & Truck Self -loading Scraper Other (e:tplain) -2- 0 0 APPLICATION FOR A AffNTING PEWVUT 4. a. Expected maximum depth of mine (feet) -25 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) b. Expected average depth of mine (feet) -20 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? -In las-t—D years by weldin Todd and'advanced Residual Management, LLC 10 6. Number of years for which the permit is requested (10 years maximum): � .'z Clearly mark and label the location of your mining operation on six (6) conies of a 7.5 minute quadrangle and a county highway map. These reaps, in addition to 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- APPLICATION FOR A MIAG PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: Signature: �i�vr�c s � • r Print Name: aa , APPLICANT: Signature: ij G�mcs - Try �5 r Print Name: c, hire '7—r." Address: t'•0• Box 126 Title: Manager Ash, NC 28420 Company: Tripp's Construction, LLC 910-287-3234 Tripp's Construction, LLC Telephone: Mine Name: *Signature must be the same as the individual who signed Page 1 of this application. M212S, and the appropriate processing -fee (see next page for fee schedule) in the form a cheek 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. -18- U RECEIVE® OCS 22 2001 re= Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Transfer of Mining Permit #10-29 !, J. Gary Steele of Advanced Residual Management, LLC, have sold the tract of land that this mine exists on to Harold Dave Tripp and James R. Tripp Jr. DBA Tripp's Construction, LLC and I, J. Gary Steel, would like to transfer any and all interest in subject mining permit #10-29 to Harold Dave Tripp and James R. Tripp Jr. DBA Tripp's Construction, LLC Sincerely, J. ary eele Advanced Residual Management, LLC L • Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Transfer of Mining permit #10-29 We, Harold Dane Tripp and James R. Tripp Jr. of Tripp's Construction, LLC have purchased the land that this mine is on and do hereby request that this permit be transferred to Tripp's Construction, LLC and will accept any and all responsibilities and liabilities with respect to the Mining Act of 1971 as related to permit #10-29. Sincerely, Harold Dave Tripp Tripp's Construction, LLC m R. Tripp Jr. 's Construction, LLC a SQ� Q� 11 ■ � [_ ~� � � - .' ,.. r, ''� , LAND QUALITY SECTION Budget No#: 17481 Date Rec'd: 5/19/2003� MANAGEMENT Aerator: ADVANCED RESIDUAL LLC ,,.. Type Security; ASA Security Number; Bank: SECURM SAVINGS BANK f City: ISHALLOTTE Debit: $14, 500.00 Credit: $14,500.00 Date Released: 12/12/2007 Permit No#: Comments: Received by: Released by: Date: Date: +� ASSIGNMENT OF SAVINGS ACCOUNT F :is Assi�i'.tnent, made and entered intc the /R (L day of by and between Rws�j-,*) (operator? of D, �a �,d.L i City of :50 f _ (ad ess) ! County of "d-45 State of North Carolina and the North Carolina Department of Environment and Natural Resources; and WHEREAS, The undersigned ✓. d (operator) (hereinafter ,referred to as "Operator") is desirous of engaging in mining operations in the State of North Carolina and such mining operations are subject to the provisions of the Mining Act of 1971, Article 7, Chapter 74 of the General Statutes of North Carolina; and WHEREAS, NCGS 74-50 requires that mine operators obtain a permit from the Department of Environment and Natural Resources (hereinafter referred to as "Department") before engaging in mining operations, and NCGS 74-54 requires that a surety bond in favor of the State be maintained or other security be filed with the Department, in connection with said permit; and 1 WHEREAS, Operator has a savings account in sE�S—..�� ,_t _ (bank name) at U City of (address) County of gayrwswft_k State of North Carolina, Savings Account No. ; and WHEREAS, NCGS 74-54 authorizes the Department to accept from Operator an assignment of a savings account in a North Carolina bank, in lieu of a surety bond; NOW, THEREFORE, in consideration of the premises and the Department accepting an assignment of said savings account in lieu of a surety bond, the undersigned Operator does hereby sell, assign, transfer, set over to the Department of Environment and Natural Resources _tau u9 - ~kAj — dollars ($'SOJ ) of the sums on (dollar amount written) , deposit in his name in S A City of bank name) County of 2LncSr�. - _ State of North Carolina, Savings Account No. and further authorizes Ste,&L 1. .,.�,�5 _ to pay over to the ( bank name) Department of Environment and Natural Resources the above sum i � of � ►�- Yr�-�+/w,c ,� dollars ($ Ik�oo•'= ) out of the above (dollar amount written) money deposit in the above account in his name. The condition off the foregoing assignment is that if the assiQno, Operator conducts the mining operations faithfully, honestl-.-, and and in compliance with the requirements of the Mining Act of 1971 and applicable Rules and Regulations adopted pursuant thereto, the:: this assignment shall be null and void; otherwise it shall, remain in full force and effect. Compliance with the requirement of the Mining Act of 1971 and applicable Rules and Regulations shall be determined by the Department. This assignment is made and the _. alti2o _ __ te.cweO_ (passbook, deposit book, etc.) is to be held by the Department as collateral security for all direct or indirect liabilities of the assignor Operator to the assignee Department that may arise by reason of the Mining Act 1971, Article 7, Chapter 74 of the General Statutes of North Carolina. This assignment shall be direct authorization to {bank nameT SAyi^;5',_5_Alvk to pay said sum to Department on demand by Department. Q VVUL11 :_Q UCLUIC LLRZ %_iA.L day of L/AZ4 1-9 Q� Notary Public My Commission xpires / (Affix al) ACKNOWLEDGEMENT BY _BANK The foregoing Assignment of Savings Account is hereby( 'acknowledged this /9il day of _ q, 19 20a it is further uacknowledged that funds in the above mentioned account shall not be disbursed except to the assignee, Department of EHNR while the assignment remains in effect. This the _ day of , 19W by „ (auChoriz age for _ -Sank) (mailing address o��aan- Jk) Sworn to before me this day of 19 .24003 Not P blic ss My Comm' io Exp es 105fOtr C\ � *PLEASE MIL THIS FORM AND THE ATTACHED INSTRUMENT TO THE FOLLOWING ADDRESS: DENR-LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH, NC 27699-1612 a �L Affix S�al"� SEc��rrY Neighbor-to-Neig bo 5mice You C VB k On. We Appreciate Your Business. Customer 05f1°r03 09t09:51 006 Teller. 0062 Receipt Seq: 005 Account: Iran Amt: 14,500.00 Balance: 14r500.00 Deposits May Not Be Available For Immediasc Withdrawal. ANYTIME 1-800-258-7086 - — v,• ti: w..-v %41.1 - - ....-..,,lw wr �.,. '*a ,.v -{,'e . I' -It =v ;., ..-. �•, .r- 4•+ 7 1- -s v... :,,-. North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section 1. MINE NAME W c ; 3. OPERATOR 5. ADDRESS ru Dox i o i sg 6. PERMIT EXPIRATION DATI (PERMITTED MINE) 1s1•.�� - _ 2. MINING PERMIT ## /U - 29 ij ti.�t c„�1�fu,1Qt ruf i» "4'. COUNTY_ 7. RIVER BASIN _�4d- 8. Person(s) contacted at site A b o,;1F 4,,,7 9. Was mine operating at time of inspection? ❑ Yes P<No 10. Pictures? 11. Date last inspected: G I t 1 / 03 12. Any mining since last inspection? 13. Is the mine in compliance with the Operating Conditions of the Permit? XYes If no, explain: Cl Yes 0<No ❑ Yes ❑ No ❑ No 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes , ❑ No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: r�,r�, /,� e•jrt'td g�,Vt-,;14r,, 10 X, r, t 18. Is the Annual Reclamation Report +/-map accurate? 9 Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes >kNo Proposed date 20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator /i 1,1v /os/ t (date) INSPECTED BY: if �� i� f lr- DATE // 17 / oe/ Telephone No: AP - White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 __^'�••'•rt�.rlA^1-N+�:Fn,.y1rN„„�.,_„r. i.-.MiA��w'�wN+`�,.:�"`.�,;.r�+ir'Gr.-1R'�`i+ii.tiw�+r':r'i'u.'yw:.�n' fir'. e+..iti,.-iv✓� "t;;,+rrr.r North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section (PERMITTED MINE) l . MINE NAME IVI v F 2. MINING PERMIT # G 77 3. OPERATOR - �„a' ?Z- 4. COUNTY 5. ADDRESS s-s �/�, �,� tic. _0,L/6 6. PERMIT EXPIRATION DATE . Q 7. RIVER BASIN 8. Person(s) contacted at site ! 9. Was mine operating at time of inspection? ❑ Yes �No 10. Pictures? ❑ Yes •d=No 11. Date last inspected: _ /1 I �� /y� 12. Any mining since last inspection? ❑ Yes .Q No 13. Is the mine in compliance with the Operating Conditions of the Permit? [�jYes ❑ No If no, explain: f ! f I 14. Is the mine in compliance with the Reclamation Conditions of the O ` .— _' — cgs If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes -MNo If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: �•/.t- 17. Other /recommendations and comments: 18. Is the Annual Reclamation Report+/ -map accurate? ❑ Yes ❑ No (Explain) X Not Reviewed lr ./ Ay" "F ins li A 19. Follow-up inspection needed? ❑ Yes rt>No Proposed date 20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator 1 I �. �r!� ���� / /� .� (date) INSPECTED BY: ,I� (¢ DATE �� I G3/o4'` Telephone No: Caly 79/. - ) 3/-,- White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 'e NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist June 20, 2003 William G. Ross Jr., Secretary Mr. J. Gary Steele Advanced Residual Management, LLC PO Box 10159 Southport, NC 28461 RE: Mining Permit No. 10-29 Weldin Todd Mine Brunswick County Lumber River Basin Dear Mr. Steele: Your request to have the above referenced mining permit, issued .to Weldin Todd, 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. As a reminder, your permitted acreage and affected acreage for this site are both 25 acres, as indicated in the transfer application and on the mine map last revised May 7, 2003. If you should have any questions, please contact Ms. Kristin Moyle, Assistant State Mining Specialist, at (919) 733-4574. Sin rely, acy E. vis, PE, CPM Chief En ineer Land Quality Section TEDIkm 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 -919.733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity1 Affirmative Action Employer - 50% Recycted 1 t 0°Ia Post Consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION 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: Advanced Residual Management, LLC Weldin Todd Mine Brunswick County - Permit No. 10-29 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: July_8,_2409 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 April 2, 2001: This permit has been modified to increase the affected acreage to 25 acres as indicated on the Mine Map last revised January 16, 2001. June 20, 2003: This permit has been transferred in its entirety from Welding Todd to Advanced Residual Management, LLC. Expiration Date This permit shall be effective from the date of its issuance until July 8, 2009. Page 3 Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. sec}., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B_ Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Section, Division of Water Quality, to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer 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. C. Buffers shall be maintained as indicated on the mine map last revised May 7, 2003. 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 areas around the mine excavations shall be diverted internal to said excavations. C. Mining shall be limited to the area of Blanton Type Soils. +- , Page 4 D. Mining activities shall be conducted as indicated on the mine map last revised May 7, 2003. 5. All mining permit (25 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. 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 May 7, 2003. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): Page 5 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 ruining 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 $14,500.00 Assignment of Savings Account, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. r 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 C.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 7 k B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10.A. 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 February 15 - April 1 Kobe Lespedeza Bahiagrass Redtop Winter rye (grain) April 1 - ,July 31 August 1 - October 25 October 25, February 15 Soil Amendments Common Bermuda Lespedeza (unscarified) German millet Rye (grain- temporary) Rate Lbs/Acre 10 50 1 15 50 30 40 120 Lime: 2000 Ibslacre or follow recommendations from a soil test. Fertilizer: 1000 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch: All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately. Page 8 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. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued July 8, 1999 and modified April 2, 2001, is hereby transferred in its entirety from Weldin Todd to Advanced Residual Management, LLC this 20`h day of June 2003 pursuant to G.S. 74-51. By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources clip IN §� I Ell I EE1 Fill 1 $ , \\1}]}\\\) �� E�� �IE��I��t� FEEN :\}\)\ � f��F 74,± +z zQz fm-el �zQf»22 , ! !| ! , § in §1 �§§������M E1 -� milli I IMP 111111 mod � ±z 3Qz �M�®zRf*f» � \ �\� §Eno 1101 111111111111 IFFFEEFEEF FF l[iHY�3 STEE PEPAGEOLC E OF THE IryTER�OR GEOlOQIGU. SURVEY PwRI'xEBT �+F MATIlBAL RES W1tCE5 -,4,k IMVIT tL aYHE �Y oEVAGEO—LUC A THE MTFR[pR GigLIX7f(.hL EURyEY UFPARTRENT l+c BAiwAI aEue+iviTv owes -Co-s/ 1-E/ l�I'f o'l J 760q/ -co,t/ c,E/ S1/i* /�'/f #;, J ;y NN -.- 3 F-i � Fla si➢l�s� � ��,j � � �835s liJ I lj �) ti s � y jl y] ti 5 � Is -- — — — — — — S 1 j ai 76 0 -�/ ca'P LEI cli-e-r r£ If-W'/y mill eo'p L,E/ C9r-13. /FIt' 'W eo'p L,E/ C9r-13. /FIt' 'W [FEE I 76 O'J� co':1 LEI C9��r I'CIfw-/�-/ 76oq/ INES ILI FEE E MEMO FF i�f i T, l i i FEE 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 June 20, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Weldin Todd Weldin Todd Construction Co. PO Box 2105 Shallotte, NC 28459 Re: Mining Permit No. 10-29 - Weldin Todd Mine Brunswick County - Lumber River Basin Dear Mr. Todd: Michael F. Easley, Governor William G. Ross Jr., Secretary Your request to have Mining Permit No. 10-29 transferred in its entirety from you to Advanced Residual Management, LLC has been approved. As we have received Advanced Residual Management, LLC's required surety in an amount sufficient to cover the present operation, you are hereby released from further responsibility for this site with respect to The Mining Act of 1971. Per this office's telephone conversation with Mr. Bobby Long of Bobby Long Surveying, it is your intention to utilize the now released portion of your $24,000.00 assignment of savings account (No. ) for another mine site in the future ($9,500.00 of this $24,000.00 bond still covers Mining Permit No. 24-11, which allows $14,500.00 of this bond to be used in the future). In light of the above, this office will retain your $24,000.00 assignment of savings account until further notified. Thank you for your cooperation in this matter. Sincerely, Tracy E. IROs, PE, CPM Chief Engineer Land Quality Section Ad cc: Mr. Dan Sams, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau 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 Weldin Todd Mine N 10-29 Subject: Weldin Todd Mine #10-29 Date: Thu, 05 Jun 2003 14:49:29 -0400 From: Kevin Rowland <Kevin.Rowland@ncmail.net> To: Kristin Moyle <Kristin.Moyle@ncmail.net> Kirstin, We have no issues with transferring the weldin Todd Mine (Applic./Permit No. 10-29). Thank you, Kevin Rowland Kevin Rowland <Kevin_Rowland @ncmail.net> I of 1 6/5/03 3:06 PM i MINING CHECKL15T FOR ROUTING �kjwLtj Lac, Applicant's N e: i S Project Name: �i1R. . 1l Applic./Permit No.: lb Acounty: Date Received: Reviewer. 1 S 'h- MSVL Rlver Basln Name: LUAALLIf ❑ New ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) IKTranSfer ❑ Release ❑ Partial Release ❑ Additional Information ❑ Fee Needed: $ Fee Received: $ SO f lease route entire a12121icatiQ11-P -kaae, to: V_ V`]1 n Regional Office (2 complete copies; attach the "LaS ReeiguiL Office Mining Application Review Checklist" to one copy and attach iz th 4FM "Mining Application Review Form" to the other copy; send both copies to the Regional Engineer) Date: Route ❑ Division of Water Resources Date: Routed ec'd ❑ NC Wildlife Resources Commi551on Date: Routed Rec'd ❑ U5 F15h & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) PIeage route frs• t�4e5 of thr, ann_T_ licatiom arld any locatpn ma}25 to: Rec'd ❑ Division of Parks & Recreation Date: Routed ❑ NC Geological Survey 5ection Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑ Other: Date: Routed Rec'd 5u5pen5e Date for Comment5:6-13-03 (no later th ay5 from receipt) Please note the oliowing: Q a(P �/ ' 7 1 Y E+ •�.. �-. �.. '. _ ..,., .. - .r� ... �.. ,'.... .� .gee � �. k.. .. �... _ S•.. . - L��. . .. ... _, ... _ ADVANCED RESIDUALS MANAGEMENT, LLC 2878 GENERAL OPERATING ACCOUNT PH 910-575-4499 P O BOX 10159 6&7143/2531 SOUTHPOW, NC 20461 DA-m SEcuRunr SAVW,SS RANK Souft m NC 2WJ FORlp- re R K• .,11u ( L• �11 a Pt r• -M M4I ri OR.,1 E ti � 1.,i us .,i III A c• ut i _ R P.O. Box I10Il59 Soathpantt Ncl; 20"A. Ili]} OM= 910.575-4499 iFa= 91(D-575-44 M cCeft-, 9110-5233-0551 rarrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrry,rrrrorrrrrrrrrrarrrrr.rrrrrwererrrreerrrrr� May 19, 2003 NC Department of Environment & Natural Resources ENA 1612 Mail Service CenterRaleigh, NC 27699-1612 YAttn.: Mr. Tracy E. Davis, PE- Subject: Transfer of Ownership Permit No. 10-29 Dear Mr. Davis: (� We hereby request that permit No. 10-29 be transferred from Weldin Todd to Advanced 6" Residuals Management, LLC. Additionally, Advanced Residuals Management, LLC accepts any and all responsibilities and liabilities with respect to the Mining Act of 1971 as it relates to this Permit No. 10-29. Enclosed please find the following: 1. Six (6) copies of the application for a Mining Permit. 2, Six (6) copies of Section G Land Entry Agreement. 3. Six (6) copies of the letter requesting transfer by Weldin Todd. 4. The original of Assignment of Savings Account with receipt. 5. The check for $50.00 covering processing fee. 6. Six (6) copies of location maps, mine maps and reclamation maps. We trust this information will be satisfactory and complete so you can transfer this permit. If any additional information and/or clarification is needed please contact me at (910) 575-4499 or (910) 523-0551. Sincerely, 0. G Steele Managing Partner 0 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine J�JC fflaiioa _ _ County_ .&jZVA? S .u..1Nj'L IIWVW9�" River Basi Latitude(dd.mm.ss)Xao..3k ongitude (dd.nun. ss) z a* s oZ� 1 ko.- 2.Name of Applicant* lv�dfi1Lk-a-15 rnwx'4 Ue. 3. Permanent'address for receipt of official mail** SV Telephone.— !aja - 4. Mine Office Address Telephone 4 la' s'7 P CWW- 5. Mine Manager_ La- i%pe We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. Date Ile -a, 3 Print-Nameajj7 .j * This will be the name that the mining permit will be issued to and the name that must be indicated on the 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 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. �%Mlj N � APPLICATION FOR A MINING PERMIT ■ NQT.E* All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: SAY 9. 0 Z003 If this is an application for a NEW permit, indicate the total acreage at the site_to=be=coverei 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 leased: Property owner if leased: Acres 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.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: Does,the modification involve acreage within the previously approved permitted boundary? Yes— No If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage a 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.:T-L9 Total permitted acreage: 2S ■ 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: 3. Mining method: Hydraulic Dred#e Front-end Loader & Truck ✓ Sh veruc Dragline & Truck Self -loading Scraper Other (explain)% - N X r� APPLICATION FOR A MINING PERMIT 4, a. Expected maximum depth of mine (feet) Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, b. Expected average depth of mine (feet) ?, 5. Has any area(s) at this site been mined in the past? Yes No If yes, when and by whom was this activity conducted? c o o �e. ery yia�sr 6. Number of years for which the permit is requested (10 years maximum):_ ^IT tit 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 snap. These maps, to addition to 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 officiffli -3- • APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed. representatives the right of entry and gravel 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: Address: On - Telephone: _ !a 10 - T7 S= K'YS9 APPLICANT: VAR Print Name: A"SZ,�1 Mine Name: *Signature must be the same as the individual who signed Page 1 of this application. the appropriate processing fee (see next page for fee schedule) in the forth a check or money order payable to -the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff .at (919) 733-4574. P. OMMINW I w . Weldin Todd Construction Co. P.O. Box 2105 Shallotte, NC 28459 May 9, 2003 North Carolina Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Attn.: Mr. Tracy E. Davis, PE Subject: Transfer of Ownership Permit No. 10-29 Dear Mr. Davis: We hereby request that Permit No. 10-29 Weldin Todd Mine — Brunswick County Lumber River Basin be transferred to Advanced Residuals Management, LLC. Mr. Steele with ARM has purchased the property from us and we trust this can be transferred as quickly as possible. If any additional'information and/or clarification is needed please advise. Sincerely, Weldin Todd 'DUI'4-idBW'LG6L (0) 14&MCO SM , U !/ " . �Q 1 �"}� - ,aa; 000Z slenbe 4ouJ L :ajeas £OOZILZI9 :aiea M AM .9L ALO N .•S'S£ ICO eKO :W.4800-1 Alddns :aweN I I! 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" .,. +.._ +> � _ r r �' �� f f �) �� - -- �'' - .. _.. j.. . 11+ew '•.4' \ "`'�.\* /��,.g. +i-�_Y �h� ,�h,., 'R' ���_—y„✓ -w i- �'w" -w' a '«i .� _-�yr ' r tir �� y �:• �_ — �`' rr �A- '� `�'... f a► 4 ,rJ •� � -fi+ +h _. yP � �'•— U .� N 4 '4 by — -�- .�'._ � •� � �r ,�.� NN'r x •�F �!� .-. 4 W .KM' `"" � �. _w � �•,1..� y^ •�� .Y' `!1_ ,� -w- - ��'— •y } -ri. �cr _ �^ � m. -` .—T '- ..` -•Y ''1" ..''dIr,_ - .0` ^W �_ � -� .e. -�.s- � +. ti+�r re• .r � y''—..r l+► ,9 f�' �• � �- i' '� •[Ai1. o � ��i`• +k � T�,,,w .a'.�� � o� 'y.- y-• ��.r .�,_ � � �y �. -ter.. +r y . w".yr � � �� ,�- ^�' .,.•, - O `�"'',F�F. � ,—"'� a,,, —.,F,• •�. _ �- fir^ _+r _ .•r .'�F _ _ r_ 4_ -► -- �-,,.--.,. -...- „� # ,n.. i M..00'0.9L AL01 1 I I I r4ii.be 5i a$Ltl I I I I IM �.Ob{O bLl.koI I I I I M..bb J)t' .bld 1 I] I 'M lAb{O.L10.�L10l I I I I lze8. 6 MOW - e �m 1 z nay= R.2 44 1-H w�gg9 ly y IN.e d IF----- � HIMMUR a! :�.� a !�a ��a � ii Em. i ,VWrGYYYY�YrYYYYYVYV��i {iGY. nn A�.y.. SEEM ANrrtrrr WGiYYW1uGr ■ i „ 1 u�cnc Ss "9il#�� l� yy aV�' f i �■a0v �� II I��r� s & B Y 0 all. U111111 •gs �3�{3 ��js � 5Ii r8[:E eg��[E S �� ,d;�. zl ''=@ 9'si ie� ��r ee a /• 5 §fix $ � � @ i 9 a$j! � F 9 � S . i � E a • � i S e ° s 9 � � � � � 1 � _ _ 7 3e Imil 13111IN111111 13111018111111 mill 1 {{;ii �-13 E�9� •7i76 tqi `�t e;=tee a $!^ A it ;i. MUM In Rhm aim MINN., 1111 1f914i1 � o � o€= yelp Nj ¢ q1- e HIM I Milli I i '- Mim mj MEN �ei lit IF, e; J66J��. ii ��31'3 67ag�t3[�I i I 1 a-•• € t ¢ HIN, 1111 i /•f�F . - i! 11111 logo a I� North Carolina • Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary Charles H. Gardner, P.G., P.E. Director and State Geologist April 4, 2001 CERTINED MAIL RETURN RECEIPT REQUESTED Mr. Weldin Todd P.O. Box 2105 Shallotte, North Carolina 28459 RE: Permit No. 10-29 Weldin Todd Mine - Brunswick County Lumber River Basin Dear Mr. Todd: ..ern NCDENR Division of Land Resources Your application for modification of the above referenced mining permit has been approved. The modification is to increase the affected acreage to 25 acres as indicated on the Mine Map last revised January 16, 2001. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by modification request and as required to insure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification, 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 lies with you. As a reminder, your permitted acreage and affected acreage for this site are both 25 acres, as indicated on the mine map last revised January 16, 2001. As we have received the new $24,000.00 Assignment of Savings Account that sufficiently covers this mining permit and Mining Permit No. 24-11, 1 am returning the Assignments of Savings Account in the amounts of $7,800.00 and $9,500.00 previously held for these sites. Land Quality Section (919) 733-4574 Fax (919) 733-2876 Geological Survey Section (919) 733-2423 Fax (919) 733-0900 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 Division of Land Resources (919) 733-3833 Fax: (919) 715-8801 yAN EOUAL OPPORTUNITY %AFPIR,ti1A'riVL: ACTION Eh1Pl-OYER- 50% RECYCLED / 10% POST CONSUMER PAPER • Mr. Todd Apdi 4, 2001 Page Two Please review the modified permit and advise this office at (919) 733-4574 should you have any questions concerning this matter. Since ly, T=P.E.,.M. State Mining Specialist Land Quality Section TEDIjw Enclosures cc: Mr. Dan Sams, P.E. Ms. Monika Sharma-WRC, wlenclosures Mr. Bradley Bennett-DWQ, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, wlo enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, 'The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Weldin Todd Weldin Todd Mine Brunswick County - Permit No. 10-29 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of ail 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. 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. April 2. 2001 a This permit has been modified to increase the affected acreage to 25 acres as indicated on the Mine Map last revised January 16, 2001. Expiration Date This permit shall be effective from the date of its issuance until July 8, 2009. 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: O,PERATIN !QQNDITIONS. 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. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Section, Division of Water Quality, to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer 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. C. Buffers shall be maintained as indicated on the Mine Map last revised January 16, 2001. 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 areas around the mine excavations shall be diverted internal to said excavations. C. Mining shall be limited to the area of Blanton Type Soils. D. Mining activities shall be conducted as indicated on the Mine Map last revised January 16, 2001. 5. All mining permit boundaries (25 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. Page 4 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 January 16, 2001. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 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. Page 5 13. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $24,000.00 blanket bond (of which $14,500.00 covers this site) is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, 'The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. 0 i Page 6 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 8s. PrQvided By G.S. 74-5a 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. 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavations to a lake areas 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 areas 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 excavations 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 disposal of waste through D. Page 7 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. After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specificat'Qns Dates dies Rate, LbsJAcre 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 Ibslacre or follow recommendations from a soil test. Fertilizer- 1000 ibsfacre 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. 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. 171 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 revegeta#ion, shall be completed within two years of completion or termination of mining. This permit, issued July 8, 1999, is hereby modified this 2nd day of April, 2001 pursuant to G.S. 74-52. Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources §Eki �r3 ':a aa;9tjf33 a ifs r� Fam �a■ N E tt a si SE E i�#7 tr a s Ida I cE F f� _a x 9I 4U . f t 191 � Will 1111111 i isit=f is sil �� 5j: 9tfi gi`rvIiI.E ap�FaI it �sr i � �� �. `. -1}EY� i izi � fi• -tea I:Yr�{r{: � rrruw PIPM F1;1 F13 93 I NNW---■ - 2F loop III, MEMO, I M111111111111111111 On R�S�LJ�ST FOR Z1V'FC3R�`_?A'I"2C�N Name and address of person requesting information: 4WZ m Information to be sent (check all that apply): Business Card •< Mining Act of 197! Administrative Rules Application Fora 2`0 minina Brochure J! Guidelines on Reclamaticn Bcnds oe Assianment of Savings Account Form fr Irrevocable Standby Letter of Credit Form r Surety Bond Form C. Renewal. Checklist C Modification Checklist ,' Transfer Checklist ❑ Other: * Susan - After sending the above.information: ❑ PLEASE FILE THIS FORM UNDER REQUESTS ., FOR INFORMATION PLEASO FILE THIS FORM IN THE MINE FILE (PERMIT Thanks i • mil& - Deparunent of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary Charles 11 Gardner, P.G., P.E. Director and State Geologist March 7, 2001 M11 i97TAIM - - 41 Mr. Weidin Todd P.O. Box 2105 Shallotte, North Carolina 28459 " Re: Weldin Todd Pit Mining Permit No. 10-29 Brunswick County Lumber River Basin Dear Mr. Todd: Ni07 donna& NCDENR Division of Land Resources The review has•been.completedon the modification request you submitted°for the above-. referenced mine -site. However, the.foliowing is needed to continue processing your application: The reclamation bondvas calculated, for this site using,the information submitted on the Wine Map dated .last' revised January 16, 2001. The reclamation bond -for this. site has been - calculated. to be.$14,500.00. The calculation worksheet is enclosed for your review and -the bond or balance ($6,700.00) will be -'required prior. twapproval of.;this,modification: r ;; ,.-For your convenience, l have'enclosed: a bond.form, an assignment, of 'a, savings. account,'': , ,• form and irrevocable. standby letter of credif form for your useAn securing the required -bond:"The'; name, on the security. must theysame as the name appearing.on:the.application fora mining' .permit, i.e., Weldin Todd, -Inc. ln: addition to -one of alternativesi,you may.;.upon request,-, •: substitute.a cash deposit. Please be.advised•that the: modification -request:cannot be.eompleted unti[Airld.new bond:; amount has been received:, _v •'4 - l a _.-. }��. ': •.••«+ - �`•~ 1 ,,v•L - _ `. .x ,fir � -�: Land Quality Section (919) 733-4574 Fax (919) 733-2876 Geological Su�vev Section (919) 733-2423 ' Fax (919) 733-0900 e 1612 Mail Service Cehtam Raleigh, North Carolina 27699-1612 Division of Land Resources (9t9) 733-3833 Fax: (919) 715-8801 . AN EQUAL OPPO�ZTUNITY - 1 AFFlRNtATIVE,�CTION E4lf'LOYER -30';. i~ECYCLED / iQ : PosrCOFN56N E�PAPI !i CERTIFIED MAIL Mr. Todd 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 modification 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-�574 if you have any questions. r:• Sincerely, .._ udith A. Wehner -Assistant State Mining, Specialist Land -Quality Section : •- ` ^ Enclosures �_;� Mr.Dan Sams -A%P:E.�' f • .M a � '�Y1 4 `"'� •♦ �.' + f8Y � 4r : < ��1 u ! +-F•. � r�.*'�"»k!: f�k"'�', :. �� 5 �� _ r ..f r �, ke .+I•t' _ .': r-Y.•�. ,'�..c.•' `a� '� «v+ d..`ems, t• - _ �:.% •.ra , � :aF' '�. .�; `r •."�a�• k 1w tin •+ � ` , c. k` �'-� M"r,.� ��+�o r- i .• . a •J• `� w t ' ! '+r . '}�" � � ^` �.7 '• � ��Y'~=.�;N kr•�e,'+1•r: �x},;� .."".: t. • �y _ J .,�,• .rs ` ,, _�r a �• J', � ,s"•` +' z,r �a; � �� d�, �,. ;.,. ati� �,.. ����+���q•=;, '•� �e•i } e.+�tyi% •. •Y��, .y.MM y� e_ 'w�. r '. .*,,... y �.' •� �� -- • y � fir'' }` '. �a ' ,�+'.,' •$'-lam �� b_.�-+,•, —T,• i-i�l�A���•'!N'S• 1!• 1 r'; Ok{f?"',5yy�,4 .r, 'N �'#�F':.1 - .. t� �a+�9 ..{�� � .Y4. ;4 .^• '+ ,� �,l:,r„{7V� .� � 'r 14 �. -. lrr �.1�� � � F �.'S '.T �l �� jqy.� T4..w `fiI�J • '� w•�yF tz4 , Al, X�MZ RECZAMATION BOND C.ALCULALTICN WOELKSEIZ%T loiters Chased upon 10-year mine/affected area plan) Permit No. ,0-01 Peruittee/Apoli.cant: . Mine Name: AFFECTED RECLA b9=0tT RECLANA=0N CATEGORY ACREAGE COST/ACRE COST Tailings/ Sediment Ponds Ac. X $ / Ac. = $ 5toc'koiles Ac. X. $ / Ac: _ $ Wastepiles Ac. X $ / Ac. = $ Processing Area/ - Haul Roads Ac. X $ / Ac. = $ mine Sxcavation oZ 5 Ac. X $ OJ/ Ac. = $ Other Ac. X $ / Ac. = $ TOTAL AFE ECTED AC. Cis Ac. Termorary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AG, 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 s positive drainage; measures will be needed to prevent offsite sediment a) internal Drainage 41E Ac. b) ?ositive Drainage- Ac. X - $ i500 / AC. _ $ f� SUBTOTAL COST: Inflation Factor: 0.02 X SUBTOTAL COST: 5Qo X ue_^nit (1 to 10 years), INFLATION COST: $ 01 Db0 O TOTAL COST ' = SUBTOTAL} COST + INFLATION COST = $ /Zoed4 'DOTAL RECLAbMTiCN BOND CAST: $ ( round down to ' the nearest- $100 ) do Figure 17-1 - Bond Calculation Worksheet (Pagel) rsbruar/ 1996 North Carcfina ©epartrnent of environment, Health and Natural Resources ;, , t 7=? Surface Mining Manual Reclamation Bonds MINE RECLAMATION BOND CALCULATION WORASHEET 10/m95 (based upon 10-year mine/affected area plan) Permit No. /0'o) Permittee/Applicant: Mine Name: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/ Sediment Ponds Ac. X $ / Ac. _ $ Stockpiles Ac. X $ / Ac. _ $ Wastepiles Ac. X $ / Ac. _ $ Processing Area/ Haul Roads Ac. X $ / Ac. _ $ Mine Excavation o`� Ac. X $ �}pp�/ Ac. = $ I'll Other Ac. X $ / Ac. _ $ TOTAL AFFECTED AC Ac. Temoorary & 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, measures will be needed to prevent offsite sediment a) Internal Drainage a b) Positive Drainage Inflation Factor: Ac. Ac. X $ 1500 / Ac. _ $ _ e2 SUBTOTAL COST: $ 42. 5190 0.02 X SUBTOTAL COST: $12;�JW'6'0 X permit life: 8 (1 to 10 years) INFLATION COST: $ aom C D TOTAL COST = SUBTOTAL COST + INFLATION COST — $ 4 TOTAL RECLAMATION BOND COST: $ al DD TT— (round down to the nearest $100) 0 Figure 17-1 - Bond Calculation Worksheet (Page 1) February 1996 North Carolina Department of Environment, Health and Natural Resources 17.5 0 • Redarma#ion Bonds Surface Mrhrng Manual -2- W&95 Bond Based Upon: Annual Reclamation Report Form Acreage Approved 10-Year Mine/Reclamation Plan V Remarks: Bond Calculated By: Date of Bond Calculation: O *PLEASE REMIT THE REQUIRED BOND, ON ONE OF THE BOND FORMS APPROVED BY THE DEPARTMENT, AS SOON AS POSSIBLE TO OBTAIN YOUR NEW MINING PERMIT OR TO ENSURE THAT YOUR EXISTING MINING PERMIT REMAINS VALID IF YOU SHOULD HAVE ANY QUESTIONS ON THE ABOVE, PLEASE CONTACT THE INDIVIDUAL WHO CALCULATED YOUR BOND AT (919) 733-4574. Figure 17-1. Bond Calculation Worksbeet (Page 2) 17-6 North Carolina Department of Environment. Health and Natural Resources February 1996 ® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director MEMORANDUM TO: Susan B. Edwards Division of Land Quality FROM: Bennett Wynne/,* Habitat Conservation Program LMAR�J2001 _L DENR LAND QUALITY SECTION DATE: March 1, 2001 SUBJECT: Mining Permit Modification Request for Weldin Todd Weldin Todd Mine, near Supply, Brunswick County, North Carolina. The Wildlife Resources Commission has reviewed the subject request. A site visit was made on April 5, 1999 for the original permit application. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the North Carolina Mining Act of 1971 (as amended, 1982; G.S. 74-76 et seq., 15 NCAC 5). We appreciate the measures heretofore taken to avoid impacts to 404 wetlands at the site. 1t is our understanding site wetlands are now delineated and the proposed 12-acre pit expansion would leave a 25 ft. to 75 ft. undisturbed buffer adjacent to them. Consistent with our April 15, 1999 comments, we recommend that the undisturbed buffer be a minimum of 50 ft. in width and ask that the modification be so conditioned. Thank you for the opportunity to comment on this modification request. if you need to discuss these comments or need additional assistance, please call me at (252) 522- 9736. Cc: applicant Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 2R1 0 Fax: (919) 715_7643 "k 0North Carolina +'- 991 _ 5--- Department of Einvironrrrent and Natural Resources Michael F. Easley, Go%'ernor William G. Ross Jr., Secretary Charles H. Gardner, P.G., P.E. Director and State Geologist January 31, 2001 MEMORANDUM TO: Mr. Bennett -Wynne Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Susan B. Edwards Mining Program ecretary Land Quality Section NCDENR Division of Land Resources SUBJECT: Mining Permit Modification Request for Weldin Todd Weldin Todd Mine - Permit No. 10-29 Brunswick County Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by February 26, 2001 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 rnodificatior£s, 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 (late 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 OMMENTS TO THIS OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Ms. Judy Wenner at (919) 733-4574 if you have any questions. ISB E Attachments cc: Mr. Dan Sams Land Quality Section (91 9) 733-4574 Fax (919) 733-2876 Geological Survey Section (919) 733-2423 Fax (919) 733-0900 1612 Mail Service Ccnccr. Raleigh, North Carolina 27699-1012. Division of Land RCWurces (919) 733-3833 Fax: (919) 715-8801 AN EQUAI. OPPOR'i 1INI rY , AFFIRMATM: AC-CI(),N FIMPLOYER - 500A, RECYCLED f 19"- POST CONSUMER PA11"K MINING CHECKLI5T FOR ROUTING Applicant's Name: _(,U� �,�rr�J�c� C� Project Name,: n;Aa 0p a Applic./Permit No.:/County: _k�juirw.rou�I.., Date Received: a rr Mt Reviewer. River Basin Name:r�'�.1,cit/ ❑ New ❑ Renewal 121 r odification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑Release ❑ Partial Release ErAdditlonal Information 0 Fee Needed: $ /21"F'ee Received: $ 0 Please route entire annlica:tion 12ackaoc to: ,<i ► � Regional OfFice (2 complete copies; attach the "LQS Regional Office Mining Application Review Checklist to one copy and attach t a h the PWQ and DAQ "Mining Application Review Form" to the other copy; Send both copies to the Regional Engineer) Date: Route -- -a0DJ1 Rec'd ❑ Division of Water Resources Date: Routed ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ U5 Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification reque5t5 that add land to the permit) r ■ Divirviom of Parkr2 & Recreation Pate: ❑ NC Geological Survey 5ection Date: Routed I Rec'd (Only new applications and modification rectuest5 that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) O Other: Date: Routed Rec'd *5u5pense Date for Comments: /'- (no later than 25 days from receipt) lease note the : followin9 �0 r d - , .,. .. , %, r -f ► Aid M 4 ,a WELDIN WADE TODD 552 MAGALENE TODD NCDL 1669076 NCDL 162870 1147 TODD RD. 410-754.6253 •Oae _ 56 Y 162401 ! SHALLOTTE, NC 28470-4306� ' I .l fa dtc o+r�i�•of . x 4 Oda -BB&T ;. BRANCH BANIONG AND TNDST COMPANY ? SHALLOTTE, NORTH CASOLINA ' _. • f�narvro. , .�.�t.�!� -- Yl T. . _.' _".�r"`"'r �.❑53LO 2W:g2L76 Ur.i1,u- 05S2 _i «-ii :S' r_ - .,,. .. ». .. �.i.:-. .... .r"'_�.0•iv. �'.•.�'�'��ahF��f'��.� E _.. -_. .- . . , . _ r:— . a.++-, .. -...-. .1..-..T Imo,"W., ' T -.,.- .•.- . ., a .'V- tti.. s' -•}V-, MINING CHECKLIST FOR ROUTING 1 � Applicant's Name: Project Name: Gt 6 A lic./Permit No.: U Count A&I ate Date Received: o pp L.� : y Reviewer:nA)-,.t'_.P�✓River Basin Name: ❑ New 0 Renewal f odification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ ParCial Release ❑ Additional Information Z Fee Needed: $�U0 ❑ Fee Received: $ Pleas1&1 route entir .application package to: 6 Regional Office (2 complete copies; attach t• "✓Q��Regional Office Mining Application Review Gheciclist" to one copy and attach berth Q a d DAQ " Mining Application Review Form" to the other copy; Send both copies to the Ronal Engineer) Date: Routed I —3 /--a!2? Rec'd ❑ Division of Water Resources Date: Routed t i 6c'd G Wildlife Resources Commisslon Date: Routed — —=f Rec'd ❑ U5 Fish & Wildlife Service Date: Routed YR&,d (Only new applicationei and modification rcquest6 that add land to the permit) 0 Division of Parks & Recreation Date: Kouted K&Gld ❑ NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑ Other: Date: Routed Rec'd "5uopenoe Date for Comments: 7 kG101- from receipt) ,,Please note the following: (no later than 25 days 2 lq . North Carolina • Department of Environment and Natural Resources Michael-F. Easley, Governor William G. Ross Jr., Secretary Charles H. Gardner, P.G., P.E. Director and State Geologist January 31, 2001 Mr. Weldin Todd P. 0. Box 2105 Shallotte, NC 28459 RE: Mining Permit No. 10-29 Weldin Todd Mine Brunswick County Dear Mr. Todd- • NCDENR Division of Land Resources We are in receipt of your mining permit modification request submitted by Mr. Bobby Long for the Weldin Todd Mine in Brunswick County (Permit No. 10-29). A modification to your mining permit will require the submittal of a nonrefundable S100.00 processing fee. We regret that we cannot complete processing the above materials until we have received the necessary fee as authorized by the 1990 North Carolina General Assembly in G.S. 143B-290 and as set forth in the fee schedule adopted by the North Carolina Mining Commission 15A NCAC 5B.0012. We will continue processing the paperwork but cannot complete the modification until the appropriate :fee has been received by this office. Please remit by check or money order $100.00 payable to the North Carolina Department of Environment and Natural Resources. DO NOT SEND CASH. Payments should be mailed to: Attention: Ms. Judy Wehner Assistant Mining Specialist Land Quality Section N.C. Dept. of Environment and Natural Resources 1612 Mail Service Center Raleigh, N. C. 27699-1612 Full payment must be received by this office within 30 days or your materials will be returned unprocessed. Land Quality Section (919) 733-4574 Fax (919) 733-2876 Geological Survey Section (919) 733-2423 Fax (919) 733-0900 1612 MaiI'Service Center, Raleigh, North Carolina 27699-1612 Division of Land Resources (919) 733-3833 Fax: (919). 715-8801 AN EQUAL OPPORTUNITY 1 AFFIRMAT[vE ACTIONIt+1PLOYER- 50% RECYCLED / 10% POST CONSUMER PAPER Mr. Weldin Todd January 31, 2001 Page 2 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 contact our office at (919) 733- 4574. Thank you for your cooperation. Sincerely, Susan B. Edwards Land Quality Section /SBE Attachment Cc: Mr. Bobby Long t North Carolina 0 Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary Charles H. Gardner, P.G., P.E. Director and State Geologist January 31, 2001 MEMORANDUM TO: Mr. Bennett Wynne Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Susan B. Edwards��(/ Mining Program Secretary Land Quality Section • NCDENR Division of Land Resources SUBJECT: Mining Permit Modification Request for Weldin Todd Weldin Todd Mine - Permit No. 10-29 Brunswick County Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by February 26, 2001 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 Ms. Judy Wenner at (919) 733-4574 if you have any questions. /SBE Attachments cc: Mr. Dan Sams Land Quality Section (919) 733-4574 Fax (919) 733-2876 Geological Survey Section (919) 733-2423 Fax (919) 733-0900 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 Division of land Resources (919) 733-3833 Fax: (919) ,715-8801 AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED 1 10% POST CONSUMER PAPER • 0 B. M. LONG & ASSOCL4 TES P. O. Box I M7 * 4436 Main Street * Shallow, NC 28459 Phone (910) 754-6300 Fax (910) 754-5486 - LAND SURVEYORS * PLANNERS - January 16, 2001 Land Quality Section Atten: Ms. Judith A. Wehner P.O. Box 27687 Raleigh, NC 27611 Re: Modification of mining permit # 10-29 (attached) Dear Ms. Wehner: The original application was for 25 acres, however some questions came up about the 404 fine on this parcel of land, so the land area was reduced to 13 acres until the 404 line could be established on the ground. The 404 line now has been established, therefore I would like to obtain permission to disturb the additional 12 acres that was applied for in the initial application of 25 acres. The area to be disturbed as identified on the enclosed map has 25 feet to 75 feet or more area of undisturbed buffer between the 404 line and the area to be disturbed. I spoke with you about this site some months ago in matters of the 404 line as related to the Army Corps of Engineers signing off on this map. The Army Corps work load is so great in this area that they are unable to visit each site unless a permit is required. However, a soil scientist from Land Management flagged the 404 Ene and has signed off on the map. If I can be of any assistance please call. Sincerely, IA� e2�0- Bobby g 0 0 Ole, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES July 12, 1999 Mr. Weldin Todd P.O. Box 2105 Shallotte, North Carolina 28459 Re: Weldin Todd Mine Brunswick County Lumber Basin Dear Mr. Todd: The'application for a mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the required security to cover this application, I am unclosing the mining permit. The conditions of Mining Permit No. 10-29 were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971. This permit expires on July 8, 2009. G.S. 74-65 states that the issuance of a mining permit does = supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. As a reminder, your permitted acreage at this site is 25 acres and the amount of land you are approved to disturb is 13 acres. Please review the permit and notify this office at (919) 733-4574 of any objection or questions concerning the terms of the permit. Sincerely, Tracy E. Davis, P.E. State Mining Specialist Land Quality Section TED/tls Enclosures cc: Mr. Daniel E. Sams, P.E. Ms. Barbara Rote-WRC, w/enclosures Mr. Bradley Bennett-DWQ, w/enclosures LAND QUALITY SECTION (919) 733-4$74 FAX (91 9) 733-2876 GEOLOGICAL SURVEY SECTION 191 9) 733-2423 FAX (919) 733-0900 P.O. Sox 27687, RALEIGH, NORTH C^ROLINA 2761 1 •7687 TELEPHONE (91 91 733-3833 FAX (9IQ) 71 5-8801 A0AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER 0V 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: Weldin Todd Weldin Todd Mine Brunswick County - Permit No. 10-29 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. 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, TN."P.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until July 8, 2009. 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: 0 . Page 3 OPERAIING CONDITIONS: 1. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Section, Division of Water Quality, to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 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. \� C. Mining shall be limited to the area of Blanton Type Soils. 5. All affected area boundaries (1, 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. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. �t The buffers shall be maintained as indicated on the mine map dated June 7, 1999. �10. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment 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 Page 5 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 $7,800.00 Assignment of Savings Account is sufficient to cover the operation ~� as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. • . Page 6 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: 9. 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. 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. 3 • . 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. 10.A. through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. After site preparation, all disturbed land areas shall be revegetated as per the following: Dates February 15- April 1 April 1- July 31 August 1- October 25 October 25- February 15 So�eciea Kobe Lespedeza Rate, Lbs/Acre 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime- 2000 Ibs/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. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. Page 8 Mil 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 8th day of July, 1999. Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources avrd! L 6 / '7 9*c£/ !E/rI V �rr£1'�/ L6/ 7 /r£/ — tor'/'as � �-/ r Q1 �r ry a I„ _ � •a� • J. � Ce01 is�r ��C +\� 1Io�� r /F/r, f�—' 7 i's'£/ 41 1 y �r 6 1s}, �}ill! � S�[ f�� t: i� Fc °•.?ilia = �c��,/�'g � I"1yi�tl li i 5 ar .31 8 � I fill_ 3 t7 1 i<l i•: [ � °a� °3 !si! i�i� ip'iEfE IIH l4 ;P• I . �1 e a" f 0 ^ s $ a f s I l Uzi a ip' s:FE j�eFa��3ug"iir:. Et.,i 111 v.'s 3i" iii 9+ tYaf_�a > viieiii iP d 9 w i x a 8 $ 8 Ks I North Carolina Department of Environment and Natural P Division of Land Resources, Land Quality Section (PERMITTED MINE) 1. MINE NAME 2. MINING PERMIT # G� - 3. OPERATOR It), /,I, , IG1 4. COUNTY_ Jcm r, „t[ 5. ADDRESS 710 .fir _ I S _ �i /�a , 2 ' 6. PERMIT EXPIRATION DATE - - 2 7. RIVER BASIN 8. Person(s) contacted at site 9. Was mine operating at time of inspection? PV Yes ❑ No I0. Pictures? ❑ Yes J1 No 11. Date' last inspected: / 41M _ 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: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No If no, explain: /M 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ❑ No If yes, describe the type and severity of the damage: A 16. Corrective measures needed and/or taken: lvr 17. Other recommendations and comments: Ok tw,-o Jn.e SL- 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 / 1 (date) INSPECTED BY: ors �N DATE )7 /4-1) Telephone No: Efia White copy to file T Yellow copy to operator Pink copy to Mining Specialist 10197 Date Qez /l�� 7 MEMORANDUM TO: File FROM: Susan Edward SUBJECT: Notice of Issuance of Mining Permit A co ached �oticioof Issuance of&1�gPermit" 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 You have previously expressed an interest and/or are listed as an adjoining land owner in the application for a mining permit filed by Weldin Todd to conduct mining activities off SR 1448 in Brunswick County. The mining permit (no. 10-29) was issued on July 8, 1999. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 15013-23. File the original petition and one copy with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, N. C. 27611- 7447. Any questions about fling a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Mr. Daniel F. McLawhorn, Registered Agent and General Counsel, Post Office Box 27687, Raleigh, North Carolina 27611. I Charles H. Gardner Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed o 42 Susan Edwards Mining Program Secretary R Date: 06/30/1999 10:51 AM Sender: Judy Wehner Subject -Todd Pit _ Carol said to tell you to go ahead with the permit but to stipulate that they stay out of any wetland. She said something about restricting them to the certain soil type as they sent in a survey? You are supposed to have the survey. • TO :� �:' DATE A) ,g - 2`? FROM SUBJECT lr to. _ MESSAGE C"-,*.") V �TGG c.v� 40 —wwKaw. SIGNED •W&WnJOrM •C bprp•MAW W V-SA, REPLY 40 SPEED LETTERO DATE r4'r;�C Z 7G// 74f7 SIGNED SE #DM- UMCM AND REWN YELLOW COPY, SEND WHYFE AND PINK COPIE5 wow■ 1 1 I 1 � I 1 �, � �I ' � ' 1 } 1 h � ' I , Y! ' 1 I ' ' i � r _ ; �1 i � 1 •i � � � '� , f .� 1 I 1 • - ,� ' r 1 � i . I # , � , .. 1 f � I 'r i � � � I � - i I I I 1 I 1 � � 1 � � I � � f ! / I `' ` � I _� - � - � I i I � 1 � '. I � ' I � , 1 M r I I -� � � � ! 'j ` � I 1 I t e - ` � ' r I 1 1 � 1 � i I • ; i ' � F I 1 J + i . � I I � � � 1 � I i �_ I - i � ' 1 X JAM6s B. HUNT TO: CO: NORTH CAROLINA DEPARTMENT OF is ENVIRONMENT AC j' 'NATURAL RESOURCES 11-1 DIVISION OF LAND RESOURCES 1D oNAj,.-, a$ A--r- FAX COVER SHEET FAX #: 611D ` i 5-1 - 73l 1 -- FROM: CO: RE: NO. OF PAGES (including cover sheet) 3 If you experience difficulty receiving -this message - cal! - (919) 733-31833. AdmrnisirailS 1, Division of Land Resources. ys7 y LAND OUALITY SECTION (919) 733-4574 FAX (9191 733-21)76 GEOLOGICAL SURVEY SECTION 19191 733.2423 FAX 19 19 1 733.0900 P.O. [lox 27687, RALEIOH, NORTH CAROLI I4A 27611,7687 TELEPHaNE 19191 733.3873 FAX 17131 715•r360t AN E Q u AL 0PPn R TUN I T Y l AFCI R MA TIVE ACTIary CM F1 LO Y ER • 5 0 % REC Y?L E Ol 10% P9 1T-C 0N 9U mEn P A P r R a Z 29`7 831 262 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use tar international Mai! See reverse a ZIP Special Deane Fee Restricted Delivery Fee Ratm P4000 9wwingto Whom 3 oats ©eiwrad Rftn Aecw %*"t) L Date. & Addreawe Adis 10 TOTAL Postage & Fees $ C•! Postrnarh or date 1= O a MINE RECLAMATION BOND CALCffLA ON WORKS=E'T'' (based�on 10-year mine/affected a plan) Permit No. } Permit tee/Applicant: Mine Name: _1&- AFFECTED RECLAMATION RECLAWMW CATEGORY ACREAGE COST/ACRE COST Tailings/ Sediment Ponds -Ac. X $ /-Ac. _ $ Stockpiles Ac. X $ / Ac. _ $ Wastepiles Ac. X $ / Ac. _ $ Processing Area/ Haul Roads Ac. X $ / :A-c. - $ "Mine Excavation. J3 Ac. X Ac . Other Ac. X $ / Ac.� - $ TOTAL AFFEUI AC. Te=oraz_-z& PegM4nentdim & Erosion Contgpl M ur Divide the TOTAL AFFECTHD AC. ..above into the following two categories: a} affected acres that drain into proposed/existir_c -excavation and/or b) affected acres that will be graded for positive drainage, measures will be needed to prevent offsite sediment a) Internal Drainage / 3_ AC_ b) Positive Drainage Ac. X $ 1500 / Ac. _ $ SUBTOTAL COST: $ G �ay jZl Igtion Factor: 0.02 X SUBTOTAL COST: $ /3 X permit life: /U (1 to 10 years) INFLATION COST: $ /30� TOTAL COST SUBTOTAL COST + INFLATION COST _ $ 7B� �[ITOTAL RECLAMATION BOND COST: $ __ _ 71 gee 10 (round down to the nearest $100) Bond Based Upon: Annual Reclamation Report Form Acreage Approved 10-Year Mine/Reclamation Plan Remarks:-- - - — Bond Calculated By: Date of Bond'Calculation: *; PLEASE REMIT THE REQUIRED BOND, ON ONE OF THE BOND FORMS APPROVED BY THE DEPARTMENT, AS SOON AS POSSIBLE TO OBTAIN YOUR NEW MINING PERMIT OR TO ENSURE THAT YOUR EXISTING MINING PERMIT REMAINS VALID. IF YOU SHOULD HAVE ANY QUESTIONS ON THE ABOVE, PLEASE CONTACT THE, INDIVIDUAL WHO :CALCULATHD"'YOUR' BOND AT' (919) 733-4574. :a+s:..L. .'�0:.��.�' ._taw �: ... _-.,� � .... .: s.��.1ti.Y<.�r•..ti'. •..:r+es....�--:r��a�:tr�r�-.._.�.. ....f "•. �"1c:a.' NAY.4�,.���s,Stw?`�`•'�f3"`'�,.ltr'..A' �rP.t?.,ls"Gv"F✓StiES^�`.-fl`i'�",v'`hri,.«r.i_tr.�a:,��: x...,v;,- ,.`k,^ti�-„'��4r-F�r 'Ar r!`.,�H".9+..+...r, �. y 9N�i«:rr.*;Xw:,:�".i4�.,ti...,r�w, .iw�^ DATE TO ASSISTANT ` DATE SUSAN LOGGED IN ' j f i MILTING CHECKLIST FOR ROUTING CompanylU�� Project Name LA41dp- Told•+} Permit No. /0-14 County ra..$..J0t �� Date Received A-//-Sf Reviewer Please make copies of check to include with Central Office and Field Office files and log in checks. *C.J New ❑ Renewal ❑ Modification ❑ Transfer ❑ Release E Additional Information ❑ Fee Needed ❑ Fee Received: Amount Please route to: Field Office Date Routed ! ❑ Wildlife Resources Commission Date Routed * ❑ Archives and History Date Routed ❑ Other: Date Routed suspense Date for comments: *00 (Date received +30 days, not on weekend) ❑ Please note the following: *SUSAN: Please make file and return Checklist and file to Reviewer White Copy to Field Office Yellow and Piny Copies to File Goldenrod Copy to Susan *13.M. LONG & ASSOCIATES• P.O. BOX 1117.4436 MAIN ST. - SHALLOTTE, N.C. 28459 PHONE (910) 754-6300 - LAND SURVEYORS • PLANNERS - June 10, 1999 Land Quality Section Atten: Tony Sample P. 0. Boas 27687 Raleigh, NC 27611 Ref: Applicant Weldon Todd Property located: 610 Middle River Road, S.B. Brunswick County, N.C. Dear Tony, JUN 111999 Enclosed is a revised survey per our telephone conversation about the soil types on said property. In my opinion, all of the land as shown on these two tracts is Blanton Type Soils. If I can provide any further information or assistance of any kind, please feel free to call. Sincerely, Bobby M. Long 4 _.«.__- _ __ r +.-wr..-`...•-w ��- w+..�w.�...-.� .. _, -�r .. w....w_ •.Y +rt .r.._,r. 1 - -.,_ r _-.,_.,--�.w/+-i'-. __ _. ._ . _�-. _ -,.y----`-� �-n- - ..... - __ - F.-'t"".,�._ - --' -- .••F • � _ .. __y_ _, ___�-ter -.. ' Y _ � -„T. T �_ _—.. �I.•_ _ •-_.-__ _ _ ' 1 ti• _"__w.. ._ .-__- �.. .. -.- ice._.,-e, � •r«.--�....�rr !.-. • � r - «...__...«-_�-.ram'...-�..�Jw�.._. -• - .. •. - � — _-r.•".•r'-T^� - __ —r _. _,.-�++�+•e - - - - ,•. -tom __ -_•__.-T-'.:—__ t • 1__.,�-��-�__'- T -- _ -„�-• - , - .-...w--.....-�., • T.. ate. �A...r.._�.�• .�- -'--'^.."'�"`.- � .-. •r.: .. _. • —=.a •.T—,ter -_ —_ r+K•^'^•^^^-.� MEMO • DATE: +�h TO: r SUBJECT: g�,.�.�- 4,e-- sue& wwk,- �„�. gt- 444 sI� ca-- I�.e�•�..'I� �--awe- �� c..�.w C�-� (� From: �+: 3 North Carolina Department of Environment, Health and Natural Resources f� e. q Printed on ReCyC{ed Paper N f JAME9 B. HUNTJR NORTH COLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LANs RESOURCES March 9, 1999 TO: Mr. Bennett Wynne Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Susan B. Edwards 0 If 14x— Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application Request for Weldin Todd Weldin Todd Mine Brunswick County Please find attached for your review a copy of the mining permit application for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by April 7, 1999 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated, if your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS, OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Mr. Tony Sample at (919) 733-4574 if you have any questions. /S BE Attachments cc: Mr. Dan Sams LAND QUALITY SECTION (91 9) 733.4574 FAX (9191 733-2876 GEOLOGICAL SURVEY SECTION (919) 733.2423 FAX [9191 733-0900 P.O. Box 27687, RALLIGH, NORTH CAROLINA 2761 1-7687 TELEPHONE 4 91 9) 733.3833 FAX (9191 715-8801 AN EQUAL OPPORTUNITY / AFPI RMATiVE ACTION EMPLOYER - 50% RECYCLEb/I0% POST -CONSUMER PAPER Friday, May 28, 1999 0 ANSWER 0 Page 1 Permit No. Mine Name Owner Status 10-06 TODD PIT NO 3 WELDIN TODD A 10-12 TODD PIT WELDIN TODD & SONS A 10-22 TODD PIT NO 2 WELDIN TODD A 10-43 TODD CONSTRUCTION COMPA TODD CONSTRUCTION COMPAI A _.. �.-.^-ryyA,_„!`t'm"„"--.r-'t�.-.'-v.,e�+y.r..n_._rn.4•Jn,....�.h.r..-�.�r.�rus:.:w•,n.j-[+,+.. ..., i.�. ��- -..-� �.J... _.+....r-,. ."i.. �•i, i. �... .:4 ,.- . ..-.-lr•jl -.., DATE TO ASSISTA T— 7`7 DATA& SUSAN`�?' LOGGED IN `` MINING CHECKLIST FOR ROUTING Company 4dr-k l Project Name Permit No. County _/�re.��tr.��C ,� Date Received �•� rY Reviewer Please make copies of check to include with Central Office and Field Office files and log in checks. * E New ❑ Renewal ❑ Modification ❑ Transfer ❑ Release ❑ Additional Information ❑ Fee Needed DFee Received: Amount ���• G Please route to: LJ Wfl 1 - Field Office Wildlife Resources Commission a� * Archives and History i other:7, r� Date Routed .:m� — Date Routed Date Routed Date Routed An 1 Suspense Date for comments: (Date received +30 days, not on weekend) ❑ Please note the following: *SUSAN: Please make file and return Checklist and file to Reviewer White Copy to Field Office Yellow and Pink Copies to File Goldenrod Copy to Susan A f Y, rF�- APR 19 1999 I�iI ® North Carolina Wildlife Resources Commission® 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Susan B. Edwards Division of Land Quality FROM: Bennett Wynne A) Habitat Conservation Program DATE: April 15, 1999 SUBJECT: Mining Permit Application for Weldin Todd - Weldin Todd Mine, end of SR 1448 near Supply, Brunswick County, North Carolina. The Wildlife Resources Commission has reviewed the subject application. A site visit was made on April 5, 1999. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401., as amended; 16 U.S.C. 661 et. seq.) and the North Carolina Mining Act of 1971 (as amended, 1982; G.S. 74-76 et seq., 15 NCAC 5). Mr. Weldin Todd is requesting a permit to mine sand from a 25 acre tract. Most of the acreage is on a sand hill vegetated primarily with longleaf pine and wire grass, but the back side of the property slopes down toward Middle River Swamp and contains inclusions of pocosin-like vegetation. Pocosins provide good forage and cover for black bears. These wetlands also retain and filter stormwater. The applicant visited the site with us and we informed him that the back side of the property may contain jurisdictional wetlands. Mr. Todd expressed a desire to avoid contacting the Army Corps of Engineers if this was possible. We said if a map could be supplied showing wetland soils did not exist at the site, there would be t . Weldin Todd Mine 0N • 4/ 15/99 little need to contact the Corps. Mr. Todd's agent, Mr. Bobby Long PLS, subsequently mailed us a copy of the Brunswick County Soil Survey snap showing a majority of the parcel being in Blanton (BnB) type soil and the remainder in Leon (Lo) type soil. We then obtained a copy of Brunswick County's hydric soils last from the Brunswick Soil & Water Conservation District office in Bolivia. Leon soil is included on Brunswick County's list of hydric soils. This tells us there is considerable potential for wetlands to exist on the Leon portion of the tract. Therefore, we recommend that the applicant pursue 1 of 2 options; 1. Contact the Corps or a qualified consultant to delineate wetlands on the tract. Avoid wetlands during mining and maintain a 50 ft. buffer around them. OR... 2. Mine only the Blanton soils on the tract. Thank you for the opportunity to application. If you need to discuss additional assistance, please call me Cc: applicant comment on this these comments or need at (252) 522-9736. Apr-15-99 10:52A P.01 BRUNSWICK SOIL &. 'WATER CONSERVATION DISTRICT POST OFFICE BOX 26 BOLIVLA, N.C. 28422 910-253-2830 Date__'`1, \_�\ q �_ Pages sent including Cover page ToFrom: Fax Fax Number: 910 53-28 5_, Comments' If you have any problems with this transmission please call (910-253-2830). �/ A �1 ,4APr'% 15-99 10 : 52A U. S. DEPARTMENT 4F AGH ICU4TURE Soil Conservation Service Hydric codes (HC) Vegetation code$ (VC) 0 P.02 Technical Gulde Section II-A-2 December 1993 HYDRIC SOILS Brunswick County, Noah Carolina 1 ! Hydric soils, only because of saturatian for a significant period during the growing season, 2 . Hydric soils that are frequently flooded for long or very long periods during the growing season; and 3 - Hydric soils that are ponded far long or very long periods during the growing season. 1 Hydric soils that support woody vegetation under natural conditions, and 2 Hydric 30113 that do not support woody vegetation under natural conditions. IMPORTANTNOTES: (1) Hydrie soils in this county cannot be famed under natural conditions without removing woody vegetation or hydrology manipulation. (2) Some map units and included soils listed as hydric soils in this county -M not merest the definition of hydric soils and wetlands because the hydrology has been altered through drainage or other, manipulations. A. Map units that are All hydric soils or have hydric Sails as a major Component, Map Unit symbol HC VC Map Unit Name 80 1 2 8ohicket silty clay loam CA 1 2 Carteret loamy fine sand CH 1,2, 1 Chowan slit loam 3 CT 1.3 1 Croatan muck D4 1,2, 1 Dorevan muck 3 Du 1 1 Duckston fine sand Gt 1 1 Grifton fine sandy loam Lei 1.2, 2 Witte muck 3 La 1 1 Leon fine sand Lu 1 1 ttaabee fine sandy loam Mk 1.2. 1 Muckalee loam 3 Mu 1,3 1 Murville mucky fine sand Pn 1 1 Pentago mucky loam .)Apr►- 1 5 — 99 1 0 : 52A P.03 Page Z Brunswick County a Map units that are all hydric sails or have hydric soils as a major component. Map Unit Symbol HC VC Map UnIt flame Ra 1 I Rains fine sandy loam To 1 1 Torhunta mucky fine sandy loam Wo 1 I WWdington fine sandy loam S. Map Units with incivoions of hydtic soils or have wet spots, Map Unit Symbol Map Unit Name Hydric Inclusion HC VC Normal location Inclusion Bag gaymaade fine sand Leon 1 I narrow depressions BOC Baymeade and Marvyn Muckalee 1,2, 1 narrow drainageways soils 3 Ono Blanton fine sand Muckalee 1,2, 1 narrow drainageways 3 Co Corolla fine sand Duckston 1 t depressions Fo Foreston loamy fine Vcodington 1 1 depressions sand Jo Johns fine sandy loam Lumbes 1 1 depressions and drainageways KrB Kureb fine sand Leon 1 1 narrow drainageways and depressions Kwrville 1.3 1 narrow drainageways and depressions Ly Lynchburg fine sandy Rains I 1 depressions and along poorly defined loam drainageways Me Mandarin fine sand Leon 1 1 depressions narrow drainageways Murville 1 1 Nee Newhan fine sand Beaches 1 2 lower positions MOB Norfolk loamy fine sand Muckalee 1 I depressions N Onslow fine sandy loam Rains 1 1 depressions PaA Pactolus fine sand Leon 1 I small depressions Tm Tomahawk loamy fine Leon 1 1 depressions sand Vaodington 1 I depressions If88 Wanda fine sand Leon 1 1 intermingled depressions ildO Yando-Urban land Leon I I intermingled depressions complex Vas Yaupon silty clay loam Bohickat 1 2 narrow rims and dredge spoils 4r.-mac.-- �.� � - � • B.M. LONG & ASSOCIATES P.O. BOX 1117.4436 MAIN ST. - SHALLOTTE, N.C. 28459 PHONE (910) 754-6300 - LAND SURVEYORS • PLANNERS - April 8, 1999 Land Quality Section Raleigh, N.C. 27611 Attached is information that Weldin Todd requested per soil types on his parcel, that he has requested a mining permit for. This information is taken from the Brunswick County Soil Survey, with the majority of the parcel being in Blanton type soil and the remainder in Leon. BNB - Blanton LO - Leon Sincerely, i Bobby Long .PLS FO Vill To o�Y` Sj,Jr .s.i �--•-••�..�3e1 .ram•-�,`.�t `:l". _ - ny ci Fo loss Y _.+:.e .`}Yi 7:,.,,,lll ,0,•r"'.� -Y::r � :.t/ sa.. �µ ,cti-p L�, ,. _t Fyn _r',�, Vr.. ;7 '.r•. ';y,r^ :Fry �';� ,-r 'aqy• - lt'.:.;a•.;. 'r:• ` ..�; `!; '���SR^. `•1. � .,•!WR+i[KFq.• � '.w: i..' • y; -ram �. -li•r{'_'- - ..� ! ,� i 'r Y 'r ~�• T. ,:r -�� . •�r'i� W. •:.. - tx: - - - - - -. s::.,,;: c i To : Tm Fo .� •{. - ••~: •- •„ -_ - _ �r • - � '" `h... a,:; '`yA,•- ,''.Nn"1.'- F.�_t Lo Nil -FoTo',' ,i. .: �.,;� +_.:; �-•4'`1'. r •-s' - '"=;r: =ir. i;t.,::,,-rf„`. :%MU �' r.•rc�.Wo�_+,yr. i-sa - - .:w�.-�ca�• r.� _ ^ Fo' Mu -•,S +'� �'�`+j•• �' �'a. .g _, � � s.�:.:'4•' i �Fo1;.z s - �i'f cY _[':. Ma LO sr sit k"` e r �� r .; s•: ,sw.;- rr:. ^;���{+r r.�s�'.;. Mu Bab i . '-•� �1 a '�•idL, A:i,�^' w•Q ''� FQ ti� a y. yysr R. `.i,.� ,r�.hr4 } �.• rii y r .r�k h*` MU. Fo`��,GySr"� s:�'' �� f"� S �ry �c' ���{L •y' �`.i-MU� O Lq r • . 'r 'rY �r y,. �'BdB �' Obi Yati w0 • iFo,�i -�r`r is+� iht, % 1 t t P? ! :j * �� j y...� f,� ,Sr r r t f,DX'� �L.fiF4.:4 ''Y his l �• .,t< r. r �''.i? FO 'r: it"`� 1fi s- -1(Yq .: .`rye":•'" [ '`.�.r .•:'q "`.i3 +' LO MFi q t .fir„rt- .`�.Wo .n.� •,r +-wr1 r �;. •. k t�.. � ♦ � �x � t Q8i3�' �.`t�,•' ci:.'w IAA 1-�'•' ■• o'' - r ' •++! s ,ir r.SG::;Ys{F ; - ?•,�. �, Mil '.Z a7 ? �r�-} rhy• , •.:'•.'} ?-� �1:K ,:Fo'. 'x% -'f ,�7,V S •4 �•,�.}¢'' [- `i: •Bn ...5`' .q r: ::,j7 •tiMu�,v� •f �,� ye r.:i .y':- ,:.. Fo ;�• Kr$ f. Me a Mk , 1 ..� � Fq Sub`s .� " B �• r R,r�y;_�,•�- Bn • au. KrB _ t •:.� C .: 'Fi+�ll 'LOBa •.V" BaBw a8-.t' "J: h• f 4�. ... :Mu� �'. _ ��="RL:*�i: il`MU•� .LO -_;� �"` rr i' �, .y ���. wk:,i�- 34, '�r. Rr. KrB or r ' a-• _ - is '} n ...m. Mae 1 q$ BDBn R, No 0..r �• NOB .. 1.. _ (h.L r..:�' '� , - ..~,. • , . •.� � •� r � Middle Rsver • y N°$ ,�:''p ,oC'. �t'�` r v 01ab` ��;;.+,.• ^ 0 0 0 B.M. LONG & ASSOCIATE10 P.O. BOX 1117.4436 MAIN ST. • SHALLOTTE, N.C. 28459 PHONE (910) 754-6300 - LAND SURVEYORS - PLANNERS - March 3, 1999 Land'Quality Section P. 0. Box 27687 Raleigh, NC 27611 Enclosed is information and items required in the extraction of sand. (1) Application for mining permit (2) Check for $500.00 (3) Letter from Brunswick County Planning Department granting approval to extract sand. (4) Copies of certified receipts mailed to adjoining property owners. (5) Mr. Weldin Todd is in the business of extracting marl and sand in Brunswick County and I believe if you will check his record, you will find that he has been in compliance with all of the requirements of DEHNR. If I can provide any information or assistance of any kind, please feel free to call. CC. Weldin Todd Sincerely, Bobby . Long Firstlass UNrrw STATES POSTAL SERVICE - -C Mail • - Postage & Fees P USPS Permti No. (3 10 G Print your name, address, and ZIP Code in this box I ::0 i` r ENDER: CompYete items iand/or 2 for addttkxiat services. Compiats items 3, 4a, and 4d. a Prim your name and address on the reverse of ttds torm softftaji rehim thin card to you. ■ Attacl this tarrn W the Rant al tt� rrialtp ace, or on the back #spats does not ppeeat. ■ Write 'RefuuT Recelpf Regve&ed'on the mailfjleae WOW the article number. a The Rmum Receipt will show to whom Me article was delivered and dw date delivered, or. t also wish to receive the following services (tor ar) extra fee): 1. ❑ Addressee's Address 2. ❑ Restrictod Delivery Consult postmaster for fee. Z Ll 2-? a ss b 3-� 4b. Service Type ❑ Registered died ❑ Express Mail ❑ Insured ❑ Retum Reoe-tpt for Merctwdna ❑ COD 7. Date of Delivery 1l-19-g8 8- Addressee's Address (Only if requested and fee is paid} PS Fomt 3811, December 1994 • " /It lm5q-s-a 228 Domestic Retum Receipt 0 ;` .r 0 ® Brunswick County Planning P.O. Box 249 20 Referendum Drive N.E. ' ,.�•' Bolivia, North Carolina 28422 January 29, 1999 Weldon Todd PO Box 21.05 Shallotte NC 28459 SUBJECT: SPECIAL EXCEPTION PERMIT GRANTED #99-025 Dear Mr. Todd. On 28-Jan-99, the Board of Adjustment for the County of Brunswick met and held a Public Hearing to consider the following application: Applicant: Weldon Todd Property Location: 610 Middle River Road SE Tax Parcel Number: 1370001302 Proposed Use of Property: Extraction of Sand Having heard all the evidence and argument presented at the hearing, the Board finds that the application is complete, that the application complies with all of the applicable requirements of the Brunswick County Zoning Ordinance for the development proposed, acid that therefore, the application to make use of the above -described property for the purpose indicated is hereby approved, subject to all applicable provisions of the Zoning Ordinance and the following conditions: 1) The applicant shall complete the development strictly in accordance with the plans submitted to and approved by this Board, a copy of which is riled in the Brunswick County Planning Department; 2) The applicant shall obtain all necessary permits from all State and Federal regulatory agencies prior to commencing operations; 3) Applicant shall not conduct mining activity within seventy -rive (75) feet of any property line; 11,111 1'111[ , i • Page 2 Weldon Todd January 29, 1999 4) If any of the'conditions affixed or any part thereof is held invalid or void; then this permit shall be void and of no effect. IN WITNESS WHEREOF, the County has caused this permit to be issued in its name and the undersigned, being all of the property owners of the property above described, do hereby accept this Special Use Permit, together with all its conditions, as binding on them and their successors in interest. CO TY OF BRUNSWICK a' J. Leslie Bell mil/ Planning Director Attachment: Findings of Fact Certified Return Receipt P 651 667 699 weldon.Q25 • IZ� NORTH CAROLINA MINING PERMIT APPLICATI State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section N D N T N C A W O 1 N A ' ry Ir 1 ♦ ♦ / r R a O R A Y P.O. Box 27687 Raleigh, North Carolina 27611-7687 (919) 733-4574 Revised 10/97 • 0 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION �A APPLICATION FOR A MINING PERNUT (PLEASE PRINT OR TYPE) Name of Mine Weldin Todd Mine County Brunswick 2. Name of Applicant* Weldin Todd 3. Permanent address for receipt of official mail** P.O. Box 2105 Shallotte NC 28459 Telephone _(910)_94-8522 4. Mine Office Address P.O. Box 2105 Shallotte, NC 28459 Telephone(910) 754-8522 5. Mine Manager Weldin Todd 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 3/1/99 Print Name Weldin Todd Title Owner * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** 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. • C7 APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. . A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 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): 25 Acres Of this acreage, how much is owned and how much is leased? Acres owned: 25 Acres leased: N/A Property owner if leased: N/A b. If this is an application for RENEWAL of a mining permit, indicate the minin; permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: N/A Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): N/A 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.: N/A Total permitted acreage: —N/A 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.: N/A Total permitted acreage: NIA ■ 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. Indicate the approximate longitude and latitude, in degrees -minutes -seconds, of the center of the mine site: LONGITUDE (dd-mm-ss): 78 -- lb -- Ob Quadrangle. 340782 LATITUDE (dd-mm-ss): 4 02 50 River Basin: Lumber 3. Name of all materials mined: Sand -2- • • APPLICATION FOR A MINING PERMIT 4. Mining method: Hydraulic Dredge Front-end Loader & Truck x-_ Shovel & Truck _X_ Dragline & Truck -X Self -loading Scraper Other (explain) 5. a. b. Expected maximum depth of mine (feet) —25 Reference elevation: Natural Ground 0 Expected average depth of mine (feet) , _--20 6. Has any area(s) at this site been mined in the past? Yes No X If no, proceed to Question 7. a. Acreage of previously affected land(s) at present site that has not been reclaimed: acres (identify all areas on your mine map(s)). b. When and by whom was this activity conducted? c. Acreage of previously affected land at resent site that has been reclaimed: acres (identify all areas on your mine map(s)�. d. When and by whom was this activity conducted? e. Do you wish to exclude any areas noted in 6a or c from this permit application? Yes No . If yes, how much? acres (identify all areas on your mine map(s)). 7. Present (pre -mining) use of the land (estimate acreage for each): Cropland acres Pasture acres Forestry 25 acres Fish/Wildlife acres Recreation acres Other acres (Specify use: 8. Proposed land use after mining and reclamation has been completed (estimate acreage for each): Cropland acres Pasture acres Forestry acres Fish/Wildlife 25 acres Recreation acres Other acres (Specify use: Lake } 9. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS Four (4) copies of the county highway maps and four (4) copies of all mine maps and reclamation maps shall be submitted with each permit application. County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 Clearly label and mark the location of your mining operation on the county highway maps. 50 • C] APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding {approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants 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 adjoining land. p. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names. 7. Date prepared and revised 8. Name and title of person preparing map Map scales must, at a minimum, meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres I inch = 200 feet -4- • C� 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 N/A Stockpiles Wastepiles 0.5 Acre Processing Area/Haul Roads 0.5 Acre Mine Excavation 25 Acre Other N/A NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE - SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. 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. Will the operation involve 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 (along with their method of stabilization) on your mine rnap(s). c. Will any ppart of the proposed mine excavation(s) extend below the water table? Yes X No_. If yes, do you intend to dewater the excavation(s)? Yes No X . If yes, what impact, if any, will mine dewaterin have on neighboring wells? Locate all existing wells on the mine maps) that lie within 500 eet of the proposed excavation area. Provide data to support any conclusions or statements made. Indicate whether the proposed mine locale is served by a public water system or private wells. d. If the mine will extend below the water table, what is the pre -mining depth (in feet) to the seasonal high and low ground water tables? High I.0 ft. Low 5.0 ft. What is the source of this information? Field Testing e. 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, etc.) from the Division of Water Quality, Water Quality Section. No dewatering will occur and no permit is required. However if dewatering is needed, will apply for a water quality permit from the Division of Environment Management. -6- 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 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? If dusty conditions occur then the mine will use a water truck to wet the dusty areas. 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. (1) Surface vegetation will be removed in area to be mined. (2) Gravelled entrance will be installed prior to mining. (3) Dragline will place sand in stock pile area. (4) Sand will be loaded for transportation off site. 4. 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 shall be required when needed to justify the adequacy of any proposed measures. The mining operation will create a hole with no discharge. Sufficient undisturbed buffers will remain between area and property lines to filter any sediment before it can leave the property. -7- APPLICATION FOR A MIMING PERMIT 5. a. How wide a buffer will be maintained between any mining activity and any adjoining permit boundary or right-of-way? Buffers must be located within the permit boundaries. Buffers along permit boundaries must be, at a minimum, unexcavated buffers. Show all buffer locations and widths on the mine map(s). A minimum of 250 feet, see map for buffer areas. b. How wide a buffer will be maintained between any land disturbing activities within the permit boundaries and any natural watercourses and wetlands? Buffers along natural watercourses and wetlands must be undisturbed. Show all buffer locations and widths on the mine map(s). No natural water courses exist on the property. The excavation will be in a sand ridge. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. The excavation side slopes will be 2 to 1 or flatter. An undisturbed 250 Ft. buffer will remain between excavated areas and property lines. 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. Sufficient buffers are provided to protect adjacent structures. No explosives or vibrating equipment is proposed. 5:11 • • APPLICATION FOR A MINING PERMIT c. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross- section and location of each type of barricade to be used must be indicated on the mine map(s). A gate will be installed at the entrance of the haul road. No high wall area will exist above the expected water level. d. 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. This has been shown on the plans. e. 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). The side slope will be 2 to 1 or flatter. f. 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. N/A 7. Are acid producing minerals or soils present? Yes No X How will acid water pollution from the excavation, stockpiles and waste areas be controlled? N/A In • E APPLICATION FOR A MINING PERMIT B. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or plantingtrees, 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. A minimum 250 Ft. buffer of natural existing vegetation will remain around all portions of the operation. 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 osite occupied structure(s) to the proposed excavations) on the mine map and indicate its approximate distance to the proposed excavation. 10. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes No X . 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). 11. 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. HIII • •. APPLICATION FOR A MIN1NG PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the general methods to be used in reclaiming this land. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). The end result will be a sake all above water slopes will be grassed. All stockpile area will be level and haul roads will be grassed. 2. a. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No . 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. The minimum average water depth must be at least 4 feet unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes X No . If yes, specify species. Bream, Bass, and catfish. b. Describe provisions for prevention of noxious, odious or foul water collecting or remaining in mined areas. Provide details and locations of any permanent water outlets on the reclamation map. All water in the excavation area will be ground water and rain water. -11- • 0 APPLICATION FOR A MINING PERMIT 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Construction details and locations of all permanent barricades must be shown on the reclamation map. N/A 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. No spoil areas or waste areas will remain on the site. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. Processing facilities, stockpile area, and on -site roadways will be obliterated. Stockpile areas will be in the lake and remaining areas will be allowed to naturally re -vegetate. b. Will any on -site roadways be left as part of the reclamation? Yes No_X If yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. -12- APPLICATION FOR A MINING PERMIT 6. Describe the method of reclamation of settling ponds and/or sediment control basins. N/A 7. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off -site generated waste shall be disposed of on the mine site without pjior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine maps) and reclamation map, along with a list of items to be disposed in said areas. Not aware of any contaminants or waste products that this operation would generate. If contamination were to occur, they would be disposed of in accordance with the current regulations, 8. Indicate the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. Provide design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan. Indicate the location(s) of all permanent channels on the reclamation map. N/A 9. Provide a schedule of reclamation that indicates the sequence of reclamation and approximate time frame. If reclamation is to be accomplished concurrently with mining, then Clearly indicate on the mine map(s) and reclamation map each segment that is to be mined and reclaimed during each year of the permit. Add drawings showing typical cross -sections and final features of the proposed reclamation. Reclamation will occur as mining progresses across the site. -13- • 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, 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) Courity 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: FERTILIZER - ANALYSIS AND RATE OF APPLICATION: SEED - TYPES(S) AND RATE OF APPLICATION INCLUDING SEEDING SCHEDULE: G. a 9, S. q�- .. ��cc �.t c•-Z t- �..�u .,._moo r�:,r.•�..�r.-t, a 0.G --� —w,1 4 r 0—Q--.& o a e v 4�.h� L. C%. kc, Ar O s-9- ch o•, 8 `t 4Sa .�s ��•-�, .. ,,` 4 ss�4�- j -J�-• 4 br sCAC.G MULCH - TYPE .AND RATE OF APPLICATION: o,.,,s+a".._6 OTHER VEGETATIVE COVERS: r �7���+ rc-- 4-. v C p r[ Yee ai P 0 owe. C--c. Revegetation and/o(rj reforestation plan approved by: Signature Hate 35 q 9 Title Agency 14 APPLICATION FOR A DINING PERMIT RECLAKATION PLAN 10. Provide a schedule o r cla;nlayout that in i at the sequence of reclamation and appr x: ateframe rec amation is to be accomplished concurrently with mi i g, tow o the sit map segments that are to be mined and reclaimed ringear f t rmit. Add drawings showing typical sections or cross -se ions of oposed reclamation. E. NOTIFICATION OF ADJOINING 1. The "NOTICE" form or a facsi ile sent certified or registered mai indicated on mine wrap unless an by the Director, Division of La The completed "Affidavit of A submitted before the applicat khe eo atta ied t al ado nin he me ns of not @sou CGS. application must be uous) landowners proved in advance is ion" a tache4 to this application must be is conside ed complete. APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/Sediment Ponds 0 Ac. X $ 0 /Ac. = $ 0 Stockpiles 1.0 Ac. X $ 1800 /Ac. = $ 1800 Wastepiles 0.5 Ac. X $ ZQQO /Ac. = $ loon Processing Area/Haul Roads 0.5 Ac. X $ 1 son /Ac. = $ gno Mine Excavation 25 Ac. X $ 500 /Ac. = $1.2, 500 Other 0 Ac. X $ 0 /Ac. = $ 0 TOTAL AFFECTED AC.: 25 Ac. Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage, measures will be needed to prevent offsite sediment. a) Internal Drainage 25 Ac. b) Positive Drainage 0 Ac. X $1500 / Ac. _ $ 0 SUBTOTAL COST: $16, 200 Inflation Factor: 0.02 X SUBTOTAL COST: $ 16,200 X Permit Life (1 to 10 years) : 10 INFLATION COST: $�324 TOTAL COST = SUBTOTAL COST + INFLATION COST = $16,524.00 TOTAL RECLAMATION BOND COST: r $ 16, 500.00 (round down to the nearest $100.00) -15- �1 U • 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 all landowners who are adjoining (contiguous to) the permit boundaries as indicated on the mine map(s). The only exception to the above is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative 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 land adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. NOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW ® MINING PERMITS AND FOR PERMIT MODIFICATIONS THAT ADD ADJACENT LAND TO A MINING PERMIT. ■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION'" -16- NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that Weldin Todd has applied on 3/1/99 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one): (a) a new surface mining permit 0 (b) a modification to add adjacent land to an existing surface mining permit ❑ The applicant proposes to mine sand . on 25 acres located (Mineral, Ore) (Number) North of Supply (Miles) (Direction) (Nearest Town) off/near road SR 1448 in Brunswick (Road Number/Name) (Name of County) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of,land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify the chief administrative officer of the county or municipality in which the site is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a Si gnificant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For further information call (919) 733-4574. Please note that the Department will consider any relevant written (Addressee's Name and Address) (Date of Issuance of this Notice/Mailed to Addressee) (Name of Applicant) (Address of Applicant) -17- 0 0 APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, Weldin Todd , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit that adds adjacent land to the Mining Permit, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are known owners of record, both private and public, of the land adjoining the proposed mining permit boundaries and that notice of the pending application has been caused to be mailed, y 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 the proposed mining site is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at the following address: (Chief Administrative Officer Name) (Address) The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify the owners of record of the adjoining land and the chief administrative officer of the county or municipality in compliance with N.C.G.S. 74-50 and 15A N.C.A.C. 513 .0004(d) . I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. 3/1/99z4o'tol— Date t Signature of Applicant If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) ; (title of person executing Affidavit) 1, Tammy B. Burris , a Notary Public of the County of Brunswick State of North Carolina, do hereby certify that Weldin Todd 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 _ 1st _ day of Marnh 192C Notary•' •twTAIs - My Commission expires: Fphr iary 14, 2004 = •—' • 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: APPLICANT Signature J�./ Signature Print Name: Weldin Todd Print Name: Weldi.n Todd Address . P.Q, Box 2105 Title: Owner Shallotte NC 28452 Company: Weldin Todd Mine Telephone (910) 754-8522 Mine Name: Weldin Todd Mine *Signature must be the same as the individual who signed Page 1 of this application. mate processing fee (see next page for fee schedule) in the form a check .or money order the North Carolina Department of Environment and Natural Resources must be sent to the ity 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- MINING *A nonrefundable permit application processing fee is required when filing for a new mining permit, a major permit modification or a renewal permit as follows: TYPE ACRES" NEW PERMIT MAJOR RENEWAL MODIFICATION Clay 1 but less than 25 $500 $250 $250 25 but less than 50 1000 500 50o 50 or more 1500 500 500 Sand & 1 but less than 5 150 100 100 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 Soo 500 Quarry, 1 but less than 10 250 100 100 Industrial Minerals, 10 but less than 25 1000 250 500 Dimension Stone 25 but less than 50 1500 500 Soo 50 or more 2500 500 Soo Peat & 1 or more 2500 Soo 50o Phosphate Gold (Heap Leach), 1 or more 2500 50o 500 Titanium & Others 'A nonrefundable S50.D0 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 inacrive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have bcen approved. All other changes are considered major modifications. *'Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means teat area of land affected by the modification within the permitted mine area. or any additional land that is to be disturbed and added to an existing permitted area, or both. 3144 -20- Francis M. Nevils. Jr.. Section Chief 512 N. Salisbury Street P. O. Box 27687 Raleigh, NC 27611 LAND QUALITY SECTION HEA.DOUARTERS P.E. James D. Simons, P.G.. P.E. - Chief Engineer Vacant - Sediment Specialist David H. Ward - Acting Sediment Specialist Tracy E. Davis, P.E. - Mining Specialist Judy Wehner - Assistant Mining Specialist Tony L. Sample - Assistant Mining Specialist James K. Lrurnas. P.E. - Dam Safety Engineer Jack H. Palmer, P.E. - Assistant Dam Safety Eng. Beth Chesson - Sediment Education Specialist Secretaries Jan Bolick - Lead Secretary Stephanie Lane - Sediment & Dams Susan Edwards - Mining LAND QUALITY SECTION REGIONAL OFFICES Courier - 52-01-00 (919) 733-4574 FAX R (919) 733-2876 Caroline Medlin - Sedimentation Education Intern Carl Miller - LAN Coordinator ASHEVILLE MOORESVILLE WINSTON-SALEM RALEIGH RICHARD PHILLIPS. P.E. DOUG MILLER. P.E. MATTHEW GANTT, P.E. JOHN HOLLEY, P-E. Interchange Bldg. 919 North Main Street 585 Woughtown Street 3800 Barrett Drive 59 Woodfn Place Mooresville, NC 28115 Winston-Salem, NC 27107 P. O. Box 27687 Asheville, NC 28801 Raleigh, NC 27611 COURIER - 13-1"1 COURIER - 06-78-16 COURSER - 09-08-06 (910) 771-4600 (58) INTEROFFICE (704) 251-6209 - (52) (704) 663-I699 - (54) FAX # (910) 771-4631 (919) 571-4700 - (55) FAX # (704) 251-6452 FAX 9 (704) 663-6GQ FAX R (919) 571A718 Alamance Alleghany Ashe Avery Buncombe Burke Alexander Lincoln Caswell Davidson Davie Chatham Durham Edgecombe Caldwell Cherokee Clay Cabartus Mecklenburg Forsyth Guilford Rockingham Franklin Granville Halifax Graham Haywood Henderson Catawba Rowan Randolph Stakes Surry Johnston Lee Nash Jackson Macon Madison Cleveland Stardy Watauga Wilkes Yadkin Northampton Orange Person McDowell Mitchell Polk Gaston Union Vance Wake Rutherford Swain Transylvania Imdell Warren Wilson Yancey FAYETTEVILLE WILMINGTON WASHINGTON WILLIAM VINSON (TOBY) DAN SAMS, P.E. FLOYD WILLIAMS, P.G. Wachovia Bldg. 127 Cardinal Drive, Ext. 943 Washington Square Mall Suite 714 Wilmington, NC 28405.3845 Washington, NC 27889 Fayetteville, NC 28301 COURIER - 16-04-01 COURIER - 14-56-25 COURIER - 04-16-33 (919) 946.6481 (56) (910) 486-1541 (53) (910) 395-3900 (57) FAX A (919) 975-3716 FAX N (910) 486-0707 FAX # (910) 350-2004 Beaufort Bertie Camden Chowan Arson Montgomery Scotland Brunswick New Hanover Craven Cumtuck Dare Gates Bladen Moore Carteret Ouslow Greene Hertford Hyde Jones Cumberland Richmond Columbus Pender Lenoir Martin Pamlico Harnett Robeson Duplin Pasquotank Perquirnans Pitt Hoke Sampson Tyrrell Washington Wayne REVISED 10N7_ I 0 0 SCHEDULE OF RECLAMATION COSTS 10/97 based upon range of 500 - 5 000 Per affected acre acatecbd.baa COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Barrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY = .Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Type T/S Ponds S.Piles W.piles P.area/H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ae. $500/ac.(L) Borrow 1500(FI) 2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, MI, 1500 (FI) 2500 (PD) LI , PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500 (FI) 5000 (PD) CL 1000(L) 2500 5000 5000 2000(L) 2500 (FI) 3700 (PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500 (FI) 5000 (PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage and revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRSSS: Mining Program Land Quality Section P.O. Box 27687 Raleigh, North Carolina 27611 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIM[TM: - 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. I, oo0 copies of this public document were printed at a cost of $564.00 or S.56 per copy, 12197 DEPARTMENT OF ENVIRONMENT AND NATURAL ROOURM DMSION OF LAND RESOURCES - LAM) QUALITY SEC77ON -22- CASE# PARCEL# 13700014 13700023 13700016.03 PROPERTY OWNERS LIST CaUalalstnd rnrp. .- 466E Baldwin Circle Whiteville. NC 28472 Fedegal Paper- Company _.- -- 87 IhM. Almond Plaza 361 ,gederal Rd. Rigelwood, NC 28456 Dora B. NC 28462 13700014.01 Theodore Bellamy 1630 Cedar Grove Rd. Sunnly. NC 28462 _ — WELD{N WADE TODD 66-112f531 6 MAGALENE TODD NC162870 5217694614 LIC. 1669076 PH. 910-754-6253 �_ k 4237 TODD RD. P.Q. BOX 2105��/i, SHALLOTfE, NC 28459 fvc /fir. rrrrifr n N 02401 �wwMCn YwMwWu }wY�l C10M.x.n k1I�I�JLk+G 5002 MAIN STREET, P.O. BOX 1669 1....11 o L o SHALLOTTE. NC 28459 1:0531011211:52176946I41I" 0--186 c 1 I I fie Mikil Mil it i j ellIf ,is yF . ... ... ...... 41�15