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HomeMy WebLinkAbout20221006_ApplicationSeptember 30, 2022 Mr. Adam Parr, PE. Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raliegh, NC 27699-1612 Reference: Butler Mine — Pender County Mine Permit Application Dear Mr. Parr; i ■ RAFTING AND DESIGN;;-- SERVICES, INC. 6728 Carbonton Road Sanford, NC 27330 (919)499-8759 RECEIVED OCT 06 2M LAND QUALITY SECTION Please find attached the Mine Permit Application for the above referenced project. The permit will include 450.5 ac permit area with 121.7 ac affected. The site is located in Pender County on Black River Club Road adjacent to Highway 421. Please review the following Submittal Items: Mine Permit Plans — 6 copies Mine Permit Application (original) Current Deed Wetlands Dealination Documentation NPDES Submittal Application NCDAQ Submittal Application Permit Fee $5,000 If you have any questions or comments please feel free to contact me at your earliest convenience. (919) 499-8759. Sincerely, Drafting and Design Services, Inc. Michael Thomas Blakley RECEIVED OCT o 6 2M LAND QUALITY SECTION NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 Revised: 2017 NOTE: It is recommended that you contact the appropriate Regional Office (see Regional Office listing in the back of this booklet) or the Raleigh Central Office for a PRE -APPLICATION MEETING to discuss your intentions and address any questions. MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS Application received by State Mining Specialist Applicant issues Public Notice Application assigned to Assistant State Mining Specialist Assistant State Mining Specialist/Program Secretary routes application for review and comment - U.S. Fish & Wildlife Service - N. C. Geological Survey - Wildlife Resources Commission - Division of Water Resources - Division of Archives & History - Division of Parks & Recreation - Others as appropriate *All application review comments forwarded to Assistant State Mining Specialist Is application complete? If "YES", Assistant State Mining Specialist drafts the proposed permit action - Regional Office - Division of Air Quality - Division of Water Resources .................................... Review Public Comments; Public Hearing Possible .........................Soo ...... : If "NO", Assistant State Mining Specialist drafts a letter requesting additional information from applicant Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Regional Office Staff (go to * ) Application & proposed permit action reviewed by State Mining Specialist Is application & proposed permit action complete/acceptable?? If "Yes", the following permit actions are issued by the State Mining Specialist: - Draft Permits - Permit Transfers/Name Changes - Bond Substitutions/Cancellations - Permit Releases - High Airblast Remediation Plans - Non -controversial New Permits - - Small, Non -controversial Modifications END OF PROCESS If "YES", application & proposed permit action forwarded to and reviewed by Division Director Is application & proposed permit action complete/acceptable?? If "YES", the proposed permit action is issued by the Division Director FEND OF PROCESS If "No", application & proposed permit action returned to Assistant State Mining Specialist for revision (go to *) For other permit actions, if "Yes", application & proposed permit action forwarded to and reviewed by Mining Specialist Is application & proposed permit action complete/ acceptable?? If "NO", application & proposed permit action returned to State Mining Specialist/ Assistant State Mining Specialist for revision (go to *) If "NO", application & proposed permit action returned to Section Chief/State Mining Specialist for revision (go to *) APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) Name of Mine Butler Mine County River Basin Cape Fear Latitude (decimal degrees to four places) Longitude (decimal degrees to four places) 2. Name of Applicant* 34.3762390 -78.0252310 Primo Holdings, LLC. Pender Permanent address for receipt of official mail** 3214 Summerfield Drive - Monroe, NC 28110 Telephone ( 704) 753-5400 4. Mine Office IriIMM 6. E-mail Address: Vincenzo Labarbera Iabar100@aol.com Alternate No. ( ) Telephone I 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 `j/30/Zo2Z T� Print Name Vincenzo Labarbera President * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. * * The Division of Energy, Mineral, and Land Resources 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 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 -1- V APPLICATION FOR A MINING PERMIT provided before this application can be considered complete. Attach additional sheets as needed. -2- APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑X If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the new permit fee will be based upon): 450.5 AC FS 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 a MODIFICATION to a mining permit, number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: indicate the mining permit Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ NoEl If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No F. If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTIONS) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: 3. Mining method: Hydraulic Dredge Front-end Loader & Truck (5j Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 45 ft Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) b. Expected average depth of mine (feet) approximately 30 ft 5. Has any area(s) at this site been mined in the past? Yes ❑ If yes, when and by whom was this activity conducted? -3- APPLICATION FOR A MINING PERMIT 6. Number of years for which the permit is requested (Life of the Mining Operation or Life of Lease from Public Entity): 10 years B. MAPS 1. Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5 h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 httD://aortal.ncdenr.ora/web/lr/aeoloizical home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation - Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 http://www.ncdot.org/it/gis/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. Thus, all mine and reclamation maps must 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. in. 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. -4- APPLICATION FOR A MINING PERMIT p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "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 1 inch = 50 feet 50-199 Acres 1 inch =100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -5- 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 2.5 Stockpiles 3.0 (area Win mine excavation Wastepiles 0.0 Processing Area/Haul Roads 5.0 Mine Excavation 74.3 Other (Explain) Total Disturbed Acreage 88.5 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. APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. The proposed operation will involve the removal of sand and gravel by dragline or long reach excavator without dewatering the mine excavation. Mining will begin at the southern end of the site and progress north towards the plant area. Mined material will be placed into trucks and hauled to the plant site for material screening. No mining activities will commence until all erosion and sedimentation control measures have been installed and maintained. In addition to the erosion and sedimentation control measures, the mine excavation, plant and stockpile area, and visual screening berms will be located as shown on the attached mining plan set. 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. Erosion and sedimentation control measures have been proposed throughout the project area to protect surrounding properties. The: include a paved construction entrance, buffer zones, perimeter silt fence with silt fence outlets, temporary diversions, earthen berms fc screening as well as sediment containment, and a temporary sediment basins through out the site that will be maintained until it has been removed by mining and all runoff directed into the mine excavation. All erosion and sedimentation control measures are shown c Sheet C3. The installation and removal of all erosion and sedimentation control measures are specified within the construction sequence also provided on Sheet C3.The skimmer basin and all diversions have been designed using a 25-year design storm event, I design calculations along with the construction and maintenance details of which are provided on Sheet C9-Cl5. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes X❑ No ❑. If yes, briefly describe all such processes including any chemicals to be used. By nature of the removal of sand and gravel from below the water table within the mine excavation, the material will be wet with some drainage occurring back into the mine excavation when the material is placed on the ground prior to being loaded into a haul truck. Thus, the material will I moist while in the haul truck during transport to the plant area. A mobile screen will be used to screen the material into different product sizes, an to remove any organics that may exist. Some water from the mine excavation will be added during this process to reduce the potential for dust. The minor amount of water used to reduce dust potential in the plant area will be contained within the perimeter berm system and allowed to naturally infiltrate into the ground. 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 ❑x No ❑. Ifyes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). During the initial clearing of the project area, sediment basins with temporary diversions will be used to capture stormwater runoff along with perimeter silt fence that has silt fence outlets located in low points in existing topography Any dewatering during the initial excavation that may be required to create the initial pit area shall be discharged through silt bags. The site will be excavated by dewatering the active excavation area into the previously excavated area/no outlet sediment basins proposed in the phase areas. The active excavation areas and previously excavated areas will be separated by temporary berms/dams between the wet and dry areas. Once theses areas are complete the temporary berms/dams are to be dug out to connect the pit areas. -7- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes 0 No[:]. If yes, do you intend to dewater the excavation(s)? Yes ❑ No E. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. The estimated depth of the mine will be 40 feet +/- with the water table depth to be estimated at 5-6 feet below the natural ground surface. The mining process of pumping the active excavation area to previously excavated areas with the separation of temporary berms/dams will result in no dewatering of the mine. This process has been used on a previous mine operated by the applicant that has not impacted area streams, wetlands or public water supply wells. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Stormwater Program. In addition, the applicant is required to register water use with the Division of Water Resources, Ground Water Management Branch, if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources, Ground Water Management Branch, if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. A non -discharge permit has been applied for and the documents have been provided as an attachment to this application. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes 0 No ❑. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. A mobile sand screen will be used to screen the material into different product sizes, and to remove any organics that may exist. Water from the mine excavation will be added during this process to reduce the potential for dust. A letter and an accompanying projected emissions spreadsheet have been submitted to DAQ Wilmington Regional Office for review. We are requesting a permit determination by DAQ to confirm that a DAQ permit is not required for the use of the specified mobile sand screen given that the project level of emissions to DAQ is below the threshold where a permit is required. An attachment of the DAQ submittal documents is attached to this application. b. How will dust from stockpiles, haul roads, etc., be controlled? The access road, stockpiles, mobile sand screen, and internal haul roads will be sprayed with water from the mine excavation several times a day, as needed, to control fugitive dust. APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A proposed 50-foot minimum undisturbed buffer with an additional 50 foot wide by 6-foot-high vegetated earthen berm will provide an overall vegetated buffer of 100 feet between mining related activities and any mining permit boundary. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A 30-foot minimum undisturbed buffer with a 25 foot by 3-foot-high vegetative earthen berm will be maintained between any mining related activities and any streams or wetlands within the mine permit boundary as shown on various sheets in the mine plan set. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. Removal of sand from below the water table within the active mine excavation will result in the side slopes reaching their natural angle of repose. However, any excavation that occurs above the water table will be conducted at a 2 horizontal to 1 vertical or flatter slope. APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches andlor slope drains (with supporting design information) if needed, and the method of final stabilization. Cross -sections and labels defining a minimum slope of 3 horizontal to 1 vertical or flatter for all fill slopes have been provided in the mining plan set. The method of final stabilization for all fill slopes and other areas affected by the mining operation are provided on Sheets C8 (reclamation map) and C10 (seeding schedules) to protect their integrity and promote slope stability. c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections for all cut slopes must be provided on the mine map(s). The cut slopes of all excavated diversion ditches and walls of the sediment basin will be maintained at a minimum of 2 horizontal to 1 vertical or flatter. The cut slopes around the perimeter of the mine excavation will be maintained at a minimum of 2 horizontal to 1 vertical or flatter. All cut slopes and other areas affected by the mining operation will be stabilized with vegetation as indicated on Sheet C6 to protect their integrity and promote slope stability. 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. There are no hard -rock excavations planned for this mining operation. 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. A lockable gate will be maintained at the site's entrance to prevent access by others outside of normal business hours. Vegetated earthen berms are also provided around the entire perimeter of the mining operation to prevent inadvertent entry. 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 detaillcross-section and location of each type of barricade to be used must be indicated on the mine map(s). A lockable gate will be maintained at the site's entrance to prevent access by others outside of normal business hours. Vegetated earthen berms are also provided around the entire perimeter of the mining operation to prevent inadvertent entry. —10— APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes ❑ No l If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Vegetated earthen berms will be constructed and stabilized with vegetation around the entire perimeter of the mining operation to screen the operation from view of the public. 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? There are no known publicly owned parks, forests, or recreation areas in close proximity to this proposed mining operation. 11. Will explosives be used? Yes ❑ No 0. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structures) to 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 case of spill. Indicate the location(s) of all storage facilities on the mine map(s). Fuel tanks will be stored on site and will be a double wall tank within a secondary containment (concrete/composite style). There will be no solvents or chemicals reagents stored on -site. If these are required at the site they will be stored off -site and brought to the site when required. See sheet C14 for fuel tank and secondary containment detail. —11— APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. Upon completion of mining activities, the mine excavation will be reclaimed as a lake and the remainder of the site will be reclaimed as outlined in the Reclamation Plan on Sheet C8. This includes removal of any mining related equipment, grading of any affected areas to avoid ponding of noxious or foul water, achieving final slopes around the mining excavation, maintaining vegetated berms along the perimeter of the site for safety purposes, and establishing a permanent groundcover using native species throughout the site. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ❑ No[:]. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled 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. The final lake depth will be at least 4 feet throughout with an average depth of approximately 25 feet. See the Reclamation Plan on Sheet C8 for more detailed information. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. There will be no excavations in rock at this mine site. —12— 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. The visual barrier berms proposed around the entire perimeter of the mining operation will be approximately 3 feet tall and 25 feet wide at the base along wetlands boundaries and 6 feet tall and 50 feet wide at the base with a minimum of 3 horizontal to 1 vertical slope as shown on Sheet C2. In addition, these berms will be stabilized with temporary and permanent groundcover as outlined on Sheet C10. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. The mobile sand screen and all other mining related equipment will be removed from the mine site. Stockpiles will be removed from the site and the remaining footprints of all stockpile and other work areas will be graded level with surrounding natural ground elevation and permanently stabilized as outlined in the Reclamation Plan on Sheet C8 and the seeding schedules provided on Sheet C10. All on -site roadways and the lockable entrance gate will remain to allow ongoing access to the property. b. Will any on -site roadways be left as part of the reclamation? Yes x0 No ❑. If yes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. All on -site roadways and the lockable entrance gate at the site entrance will remain to allow ongoing access to the property. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environmental Quality, Division of Energy, Mineral, and Land Resources 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. Any refuse (trash, debris, etc.) that is generated onsite will be removed from the site and properly disposed at an offsite permitted landfill as it is generated during the active mining operation. No land clearing and inert debris or recyclable concrete will be brought onto the site unless proper approvals have been obtained from both the Division of Waste Management and the Division of Energy, Mineral, and Land Resources via a mining permit modification prior to commencement of such activity as required in the currently issued mining permit. As stated earlier, all mining related equipment will be removed from the site at the end of the active mining operation. —13— APPLICATION FOR A MINING PERMIT Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the NC Forest Service, Department of Agriculture and Consumer Services; c. Authorized county representatives of 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 NC Forest Service, Department of Agriculture and Consumer Services; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; It. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: See the Temporary and Permanent Seeding Types, Dates, and Rates provided on Sheet 6C attached to this mining permit application. 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 annd_/or. reforestation plan approved by: Signature //^7// Date 9-26-2022 Print Name Michael Blakley Title OwnedPresident Agency Drafting and Design Services, Inc. —14— APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $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 ofthe miningpermit. Please insert the approximate acreage, for each aspect ofthe mining operation. that you intend to affect during the life ofthis mining hermit (in addition. nlease insert the appropriate reclamation costiacre for each catevory from the )vzeauie of Keclamation costs AFFECTED RECLAMATION CATEGORY ACREAGE COST/ACRE* Tailings/Sediment Ponds: 2.5 Ac. X $ 500 /Ac. Stockpiles: (internal drainage within pit) 3.0 Ac. X $ 1,800 /Ac. Wastepiles: 0.0 Ac. X $ 0 /Ac. Processing Area/Haul Roads: 5.0 Ac. X $ 1,800 /Ac. Mine Excavation: 74.3 Ac. X $ 500 /Ac. Other: (Berms, Diversions, Etc.) 3.7 Ac. X $ 2,000 /Ac. TOTAL AFFECTED AC.: 88.5 Ac. (TOTAL PERMITTED AC.: 450.5 Ac.) RECLAMATION COST _ $ 1,250 _ $ 5,400 _ $ 0 $ 9,000 $ 37,150 _ $ 7,400 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 77.9 Ac. b) Positive Drainage 10.6 Ac. X $1,500.00 = $ 15,900 SUBTOTAL COST: $ 76,100 Inflation Factor: 0.02 X SUBTOTAL COST: $ 76,100 X Permit Life Provided by Applicant (Life ofthe Mining Operation or Life of Lease from Public Entity (in Years)): 10 INFLATION COST: $ 15,220 Total Reclamation Bond Cost: $ 91,320 (round down to the nearest $100.00) (NOTE: The reclamation bond cannot exceed $1 million per GS 74-54) -15- 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, 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 Energy, Mineral, and 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 MILTING 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" NOTICE Pursuant to provisions G.S. 74-50(bI) of The Mining Act of 1971, Notice is hereby given that Primo Holdings, LLC. has applied on 9/30/2022 (Applicant Name) (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑x a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on (Mineral, Ore) 74.3 (Number) acres located 12.0 (Miles) north of Wilmington off/near road HWY 421 (Direction) (Nearest Town) (Number/Name) in Pender County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding i 753-5400 . P-or information on the mining ining Program staff at (919) 707-9220. Please note that process until a final decision is made on the application. (see attached list of names and addresses used here) (Addressee/Owner of Record's Name and Address) 9/30/2022 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) -17- Primo Holdings, LLC. n review (Name of Applicant: Include Contact Person & Company Name, if Applicable) 3214 Summerfield Drive - Monroe, NC 28110 (Address of Applicant) contact AFFIDAVIT OF NOTIFICATION I Primo Holdings, LLC. , 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 Environmental Quality, being first duly swom, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 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) >ee attached list) (see attached list) (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer ofthe county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] Travis Henley - Pander County Planning Director 805 S. Walker Street - Burgaw, NC 28425 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 ofthe county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 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. ,f P Signawfe c A c stor Agent Date B Notary Public Lee If person executing Affidavit is an agent or employee of an applicant, provide the following iifformatiRl my Name of applicant: Primo Holdings, LLC. o ��2e Title of person executing Affidavit Vince Labarbera. Owner/Manager '��i,�TNrC'ARo��```� I, kmondo 0�\g,KuN a Notary Public of the County of L22_ State of North Carolina, do hereby certify that Vince Labarbera appeared before me this day and under oath acknowledged that the above Affidavit was Witness in hand and notarial seal, this 304t"- day of �k 2rn h2K' 20-U. Notary: l9uw�9u 84 w� my Commission expires: ��2tYL5 -18- Kvi-l" h11121H DI—S& 7V 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: — A 4 Print Name: Vincenzo Labarbera (Title, if applicable) Company Primo Holdings, I.L.C. (If applicable) Address: 3214 Summerrield Drive Monroe, NC 28110 Telephone: ( 704 ) 753-5400 Date Signed: ��3a/ so 2 2- APPLICANT: Signature:*� Print Name: Vincenzo Labarbera Title: Owner/Manager Company: Primo Holdings, LLC. Mine Name: Butler Mine Telephone: ( 704) 753-5400 Date Signed: Cj/3O/2O2� *Signature must be the same as the individual who signed Page 1 of this application. One original and five (5) copies of the completed application, six (6) copies of all location mans, mine mans 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 Environmental Quality must be sent to the Raleigh Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919)707-9220. -19- APPLIC,,ATION FOR A MINING PERMIT MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit, permit modification or transferred permit is required as follows: New Permit Applications Permit Modifications Permit Transfers Annual Operating Fee 0-25 acres 26+acres $39750.00 $5,000.00 $750.00 $1,000.00 $100.00 $100.00 $400.00 $400.00 Acres for new permits means the total acreage at the site. Acres for modification of permits means that area of land affected by the modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both. -20- APPLICATION FOR A MINING PERMIT There are seven Division of Energy, Mineral, and Land Resources (DEMLR) Regional Offices. Use the map below to locate the Regional Office serving your county. Asheville Regional Office • Counties: Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey • Address: 2090 U.S. Highway 70, Swannanoa, NC 28778 • Voice:828.296.4500 • FAX:828.299.7043 Fayetteville Regional Office • Counties: Anson, Bladen, Cumberland, Harnett, Hoke, Montgomery, Moore, Richmond, Robeson, Sampson, Scotland • Address: 225 Green Street, (Systel Building), Suite 714, Fayetteville, NC 28301-5094 • Voice:910.433.3300 • FAX:910.486.0707 Mooresville Regional Office • Counties: Alexander, Cabarrus, Catawba, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, Union • Address: 610 East Center Ave., Suite 301, Mooresville, NC 28115 • Voice:704.663.1699 • FAX:704.663.6040 Raleigh Regional Office • Counties: Chatham, Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Lee, Nash, Northampton, Orange, Person, Vance, Wake, Warren, Wilson • Address: 1628 Mail Service Center, Raleigh, NC 27699-1628 or 3800 Barrett Drive, Raleigh, NC 27609 • Voice:919.791.4200 • FAX:919.571.4718 Washington Regional Office • Counties: Beaufort, Bertie, Camden, Chowan, Craven, Currituck, Dare, Gates, Greene, Hertford, Hyde, Jones, Lenoir, Martin, Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne • Address: 943 Washington Square Mall, Washington, NC 27889 • Voice:252.946,6481 • FAX:252.975.3716 004E APPLICATION FOR A MINING PERMIT LAND QUALITY REGIONAL OFFICES (continued) Wilmington Regional Office • Counties: Brunswick, Carteret, Columbus, Duplin, New Hanover, Onslow, Pender • Address: 127 Cardinal Drive Extension, Wilmington, NC 28405 • Voice:910.796.7215 • FAX:910.350.2004 Winston-Salem Regional Office • Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, Surry, Watauga, Wilkes, Yadkin • Address: 1450 Hanes Mill Road, Suite 300, Winston-Salem, NC 27103 • Voice:336.776.9800 FAX: 336.771.4631 -22- APPLICATION FOR A MINING PERMIT SCHEDULE OF RECLAMATION COSTS (Based upon range of $500 - $5,000 per affected acre) COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, 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/ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, MI, 1500(FI) 2500(PD) LI, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program,1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) • MULCH AND ANCHORING COSTS PER ACRE • ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. - 23 -