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KC Energy, Mineral and Lan Resowees \RmRo.m\xr.\ ou.urr July la, 2018 Asphalt Paving of Shelby, Inc. Attention: Mr. Donald G. Dedmon Post Office Box 1526 Shelby, North Carolina 28151 RE: Lawndale Pit (Permit #23-15) Cleveland County, North Carolina Dear Sir or Madam: ROY COOPER w. Mor MIC14AEL S. REGAN Smnary WILLIAM E. [TOBY] VINSON, JR. I Fjm Onenm Attached is a copy of our report documenting an inspection recently conducted at a mine site for which our records show you to be responsible. The inspection was performed under the provisions of North Carolina General Statute 74-56 of the Mining Act of 1971. Please review the report carefully and note any problems or deficiencies documented by the inspector. Furthermore, please note any recommendations and/or specific corrective actions required to correct any deficiencies that may be listed. The responsibility for understanding and complying with the terms and conditions of your mining permit and the Act lies with you. Please do not hesitate to contact this office if you have any questions concerning the attached report Your cooperation is appreciated. res Since oore Assistant Regional Engineer Attachment M�l!•iY \'IV•\%11141 �\I�V Y.IId\Y 111, 111'JVS�llIY11 l /HVK /V�� I'N fec North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: Lawndale Pit 2. MINE LOCATION: West Stage Coach Trail 3. COUNTY: Cleveland County 4. RIVER BASIN: Broad 5. CASE: 6. OPERATOR: Asphalt Paving of Shelby Inc. 7. ADDRESS: ATTN: Mr. Donald Dedmon, P.O. Box 1526 Shelby, NC 28151 8. MINING PERMIT #: 23-15 ❑ N/A 9. PERMIT EXPIRATION DATE: _N N/A 10. PERSON(S) CONTACTED AT SITE: None 11.. PICTURES? ❑ Yes ® No TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: at. (attach sketch map) 2. How was this area measured? Measured by: N B. Routine Inspection (Permitted Mine Sites) C. Follow-up Inspection 13. Date of last inspection: 0311512017 14. Any mining since that date? N Yes ❑ No If yes, cite evidence of such mining activity: Unknown. 15. Was mine operating at time of inspection? ❑ Yes N No Iryes, explain: No one on site at time of inspection. 16. Is the mine in compliance with the Operating Conditions of the Permit? N Yes ❑ No ❑ N/A If no, explain: 17. Is the mine in compliance with the Reclamation Conditions of the Permit? N Yes ❑ No ❑ N/A If no, explain: 18. Is there any off -site damage? A. ❑ Yes B. ❑ No C. N None observed If A, describe the type and severity of the damage: If B or C, is there potential for offsite damage? N Yes. ❑ No Explain: _ Stockpiled materials could be deposited offsite in the event of flooding or if streambank erosion occurs. 19. Corrective measures needed and/or taken: None 20. Other recommendations and comments: None 21. Is the Annual Reclamation Report+/- ma accurate? ❑ Yes ❑ No (Explain) N Not Reviewed 7N/A 22. Follow-up inspection needed? ❑ Yes N No Proposed date 23. No. of additional pages of Inspection Report 0 24. Copy of Report sent to operator INSPECTED BY: Holliday Keen DATE June 28, 2018 Telephone No: 704-235-2148 Copy to file Copy to operator Copy to Mining Specialist ROY COOPER Governor Energy, Mineral& Land Resources ENVIRoxnENinL QUALITY December 1, 2017 John M. Conner Asphalt Paving Of Shelby Inc P O Box 1526 Shelby, NC 28150-1526 RE: Mining Permit No. 23-15 Lawndale Pit Cleveland County Dear John M. Conner: MICHAEL S. REGAN serneroly TRACY DAVIS Oirerlor 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 SIT 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 allexisting 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 $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit andfor any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you.. Thank you for your cooperation in this matter If you have any questions on the above, please contact Ms. Judy Wenner, Assistant Slate Mining Specialist, or me at (919) 707-9220. Sincerely, William "Toby' Vinson, Jr., PE, CPM Interim Director, DEMLR Slain or Nona CarnGna Errvirwrmtrolal Quallry Encrglt Mllkral rv1C WId Nrsourus v11 N.6nIlgbvey Hrcer 11612 Mal$ervtce Cmur I Moki . North Carolll1"a-mrt 919R1]9Ln0 Energy Mineral & Land Resources., chnxwr+euruwum i Mr. Donald G. Dedmon, Jr. Asphalt Paving of Shelby, Inc. PO Box 1526 Shelby, North Carolina 28151 Re: Permit No. 23-15 Lawndale Pit Cleveland County 'Broad River Basin Dear Mr. Dedmon: October 19, 2017 ROY COOPER comes. MICHAEL S. REGAN 5ermary TRACY DAVIS armor 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 enclosing the mining permit. . Please be advised that the NC Mining Act of 1971 was amended on October 4, 2017 by Session Law 2017-209 which states that all existing mining permits and any newly issued mining permits are to be issued for the life of site or lease term. Thus, there is no expiration date for this mining permit. 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 for new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, Session Law 2017-209 also enacted a new annual mining permit operating fee of $400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year 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. Ss VNmhC mftna I Enrimnmemainu Hty I EnR9Ane mdWndP sm s 51l N:SslhbvryYrcel 1612M11Se eCmm IUel91%Nomh Carolina27699-1612 919 M74200 Mr. Dedmon Page Two The conditions of Mining Permit No. 23-15 were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage is 2.0 acres and the amount of the land you are allowed to disturb at this site is 1.66 acres. Please review the permit and advise this office at (919) 7334574 should you have any questions concerning this matter. William E. Vinson, Jr., PE Chief of Program Operations WEV/jw Enclosure cc: Mr. Zahid Khan Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosure DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES 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. Asphalt Paving of Shelby, Inc. Lawndale Pit Cleveland County —Permit No. 23-15 for the operation of a Sand Dipping/Sand Bar Removal Operation 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 3 OPERATING CONDITIONS: 1. A. Any wastewater processing or mine dewatering shall be in accordancewith 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 StormwaterProgram to secure any necessarystormwater 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. The channel of the waterway shall not be diverted, constricted, or widened. B. No mining shall occur beyond the centerline of the First Broad River- C. Stockpiles shall be removed daily from the point bar to prevent flooding and sedimentation of the river and adjoining properties. 4. Any mining activity affecting waters of the State, water of the U. S., or wetlands shall be in accordance with therequirements and regulation promulgated and enforced by the NC Environmental Management Commission, 5. A. No mining shall occur in the First Broad River between May 1 and July 31 of any year to prevent disruption of fish spawning activities. B. Removal of sand/gravel from the point bar shall only occur during periods of low flow when the sand bar is dry to prevent sedimentation of the river during material removal. 6. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, cneck'dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial states 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. r/4 Page 5 disposal facility approved by the Division of Waste Management. -No:petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral, and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining -Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables- 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral, and Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2, a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. 13. Sufficient buffer shall be maintained between any mining related activities and (other than the centerline of the river) any adjoining property linelpermit boundary, right-of-way, bridge abutment or other structure to protect adjacent property. 13. An Annual Reclamation Report and Annual Operating Fee of $400.00 shall be submitted to the Department by July 1 of each year until reclamation is completed and approved for release by the Department. 15. 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 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. 16. The security which was posted pursuant to N.C.G_S. 74-54 in the form of a $2,700.00 Assignment of Savings Account (of which $1,400.00 is required for this site), is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall.not exceed the bonded acreage. 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 pernittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. .The final slopes in ail 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 by4he 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, whichshallto the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to grade and revegetate the disturbed land areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: - A. The river banks shall be restored to as near the natural condition as possible. B. Any processing, stockpile, and other disturbed areas neighboring the mine excavation, including the haul road, shall be leveled, smoothed and stabilized. Page 9 All disturbed river banks shall be planted with riparian vegetation. It is suggested that reed canary grass be sown at a rate of 15 lbs. per acre with a mixture of small trees (dogwood, black willow, alder and button bush) and large trees (red maple, green ash, sycamore, cottonwood, bald cypress, river birch and catalpa) planted on ten foot centers along the river bank for stability purposes. 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 (2) years of completion or termination of mining. Permit issued th's 19th day of October, 2017. By: / Tracy E. Davis, Director Division of Energy, Mineral and Land Resources By Authority of the Secretary Of the Department of Environmental Quality ..Mw9> T.N (RERMS CONSTRUCTED TO CONTAIN STOCKflU3) AFFECTED ACREAGE TABLE EXCAVATION 1.30ACRES STOCKPILE 0.13ACRES HAUL ROADS 033ACRES TOTAL DISTURBED AREA 1.66 ACRES �� 10 �Ty PROPERIYOF � ND6w6s. ngRemrLHoaa lesx 119A61) g )} 4f LEGEND - PERMR Rat w11NDARr - ASPHALT PAVING OF SHELBY, INC. ,r„r" EXGVATION "1O1Xn`""M Eo..mm AREA O MINE MAP,,FP�RMR�NUMBER 23-I5 11 t,`ti,� STocKHLEAREw w — RIVERBANK M i4 yb r F.R.yI SOCWTES n 6Meppine _ xaruuex �u o iv1ecw,.wro� 11409.0ER (BERMSCONSTRUCTEDTO CONTAIN STOCKPILES) AFFECTED ACREAGE TABLE EXCAVATION L30ACRES STOCKPILE 0.13ACRES HAUL ROADS 0.23 ACRES TOTAL DISTURBED AREA 1.66ACRES PFOeERNO RKRMOs..woeETry L. NORD 1191-1053 9n61> OASPHALT PAVING OF SHELBY, INC. MINE MAP, PERMIT NUMBER 23-15 (BERMS CONSMUCTEDTO CONTAIN STOCKPILES) AFFECTED ACRFAGETABLE EXCAVATION 1.3)ACRES STOCKPILE 0.13ACRES HAUL ROADS 0.23"FIRS TOTAL DUTURILEO AREA 1.66ACRES BE ryLN: fl91-IM) aPn�. IOIASMINE MA PE MIIIT NUMBER23-115 1 -_. �+x.ar.i:Wfw..-+..mW F.✓W'wivu'rvryW�•_.. v.«.. ® & MINING CHECKLIST FOR ROUTING Applicant's Name; d �At/ ProjatName: Ldiwilmt) pt,T . ,nf !7 Applit/Permit No: 93-15w- Cmrdy:_ Date Roo iud: !J / e142J, Reviewer: Ricer Basin Name: ( i New ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification(oatside permit boundaries) ❑ Transfer ❑Release ❑ Partial Release Additional Information ❑ Fee Needed: f ❑Fee Received: S FKJ% Pled route emire applitation pukage to: /IR3ILUJl if - Regional Office(e mmplme eopiuiattach the"LQS Regiwml Off. Mining Application Review L'hrddat" roan<tapyandattazbot h h the DAQaad DWR "MimagApplic ants Review Fwm'to da Am co", ad bA mpiss w the Rqua Engineer) Date: Routed 130 WA ❑ Division of Water Resourca Date: RouW Reed ❑ NC Wildlife Resmuta Commission Date: Routed Reed ❑ OS Fish d) Wildlife Service Date: Routed Reed (Only new applamiam andmvdifemmn rryueas thatcod to the permit) Please route jest 3 pages of the application and my location maps to: ❑ Division of Paps b Recreation Date: Routed Ra J ❑ NC Geological Survey Section Date: Routed Ra d ❑ Division of Marine Fisheries Date: Routed Reed ❑ Division of Soil drWater Conservation (plus LEA) Date: Routed Raid (Ody eew 90matex a and math fixations repeas that add Imd to tk pmnit) ❑ Division of Archim dt History (may nro awe) ❑ Other: Date: Routed Raid Date: Routed Rerld ** Suspense Date fat Comments: 1 (i (no Inter than of days from receipt) ❑ Pleane rote the following: �. / • O mpleta items 1, 2, and 3. ■ Print your name and address on the reverse so that vre can return the card to you. • Adach this cani to Hen beck of the maMpleoe, 3' — HYES,0terden q�liddr mse ❑No MR DONALD G DEDNION 1R ASPHALT PAVING OF SHELBY INC N1. \ PO BOX 1526 SHELIIB•,YII NC 28152 _ Y'.1'lll "II I'IIIII III III II IIIIIIIIIIII�IIII 8 $BM QQQ[QQj.....PMMVMmIdO:Fs® O PEUI: $'qnl Da"MMMe ❑AEu!:eMno:um�(slXtth BMW 0 Fe0N 1s:pMildgesMW C, 9590 9403 0730 5196 3101 32 o rMn �a�neeoe �AmmPa w o caMeo, aur<rv' MertrsnN» 2 Wticle NunCerlriermkvfian svrvkerNea �awn�oae,rerva moarwy ❑s�mure comimuwn�, 7015 0641) 0" csn�oaiea : 007 9832 882E .h.ua«u!nm lzm r PSFcm%3811,Apol2015P3N75s0.9¢.aLL S--3—(Z 07101S aomovto nsompt E 0 ASPHALT PAVING OF SHELBY, INC. PO Box 1526, Shelby, NC 28151 Office: 704-7394568 Fax: 704-739-1654 29 August 2017 Judith Wehner Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699 Subject: Lawndale Pit Mining Permit No. 23-15 Cleveland County Broad River Basin Dear Ms. Wehner: RECEIVED AUG 2 9 2017 LAND MINING ROG'RAM Please accept the following information for the completion of the mining permit process: 1. Please find the signature cards for the delivery of Notification of Adjoining Land Owners attached to this letter. 2. The reclamation plan for this mine is to reseed the berms located within the permit boundaries along the river bank. Thank you for your consideration in this matter. Sincerely, Ken Fa in EHS Officer Rd6C® RECEIVED AUG, 2 9 2017 LAND QUALITY August 11,2017 MINING PROGRAM Dear Customer: The following is the proohobdeevsry for tracking number 8111940556975. Delivery Infennai Status: Delivered Delivered to: Residence Signed for by. D.BRADSHAW Delivery location: 205 E MAIN ST NC 28090 Service type: FedEa Express Saver Delivery date: Aug 7, 2017 12:52 Special Handling; Deliver Weekday Residential Delivery Direct Signature Required iF44t,,�Fy TT't[T Feti �11e'E ''� E1��c,�,cFei�xilcFetC;�� Shipping Information: Tratldng number: 811940556975 Ship date: Aug 3, 2017 Recipient Shipper. RANDY DOBEY KEN FANNIN 205 E MAIN ASPHALT PAVING OF SHELBY, I INC 28090 US 124 LONG BRANCH RD KINGS MOUNTAIN. INC 280868574 US Reference L PT NOTICE Thank you for choosing FedEx. i FedEx. RECEN ED August 3,2017' �uG 2 9 2017 Dear Customer: LAND QUAUTY MINING PROGRAM The following is the proof -of -delivery for tracking number 811940556942. Delivery Information: Status: Signed for by: Service type: Special Handling: Delivered E.WEASE FedEx Express Saver Deliver Weekday Residential Delivery Direct Signature Required Delivered to: Delivery location: Delivery date: Residence 118 HORD RD NC 28090 Aug 2, 2017 13:06 xF xFec*.xFe&xFedEx FecExFedExFedE xFixFe&xFedEx FetExFecEx' " FedE XFftf-'jLvXFedExFecExxFexF'ecExfecE Shipping Information: Tracking number. 811940556942 Ship date: Jul 28, 2017 Recipient RICHARD WEASE 118 HORD RD NC 28090 US Thank you for choosing FedEx. Shipper. EKN FAUN ASPHALT PAVING OF SHELBY, 1 124 LONG BRANCH RD KINGS MOUNTAIN, NC 280868574 US FedEx® RECEIVED July 1'0,2017 AUG 2-9 2017 Dear Customer: LAND QUALITY MINING PROGRAM The following is the proof -of -delivery for tracking number 810985598770. Delivery Informatlon: Status: Delivered Delivered to: Residence Signed for by: Signature release on file Delivery location. 211 EMAIN NC 28090 Service type: FedEx Express Saver Delivery data May 19, 201716:26 Special Handling: Deliver Weekday Residential Delivery .X Fa& 4 fe&,, % F04f Fri X T : k X Ffr N X FIe w Fa& x Fe& `r fmck Fa Fr 4 Fe& r Fvk Shipping Irlformatlon: Tracking number. 810965596770 Ship date: May 11, 2017 Recipient LAWNDALE FIRST WMC 211 E MAIN ST NC 28090 US Reference Thank you for choosing FedEx. Shipper. KEN FANNIN ASPHALT PAVING OF SHELBY, 1 124 LONG BRANCH RD KINGS MOUNTAIN, INC 280868574 US LAWNDALE SAND PIT FW6C® RECEIVED AUG 292017 July 13,2017 LAND QUALITY MINING PROGRAM Dear Customer The following is the proof -of -delivery for tracking number 810965596690. Delivery Information: Status: Delivered Delivered to: ReceptionistlFront Desk Signed for by. FAMES Delivery location: 1015 M STAGEWOOD TRL INC 28090 Service type: FedEx Express Saver Delivery data: May 16. 2017 12:35 Special Handling: Deliver Weekday Ftii'x F>e&x Fe& x Fe&x FedEx F& x Felt s Felf Fe&xF&&- FedEx FedxFedEx FelfxFecE Fetfx eaecFf1c tF,tExFecExFedExFr4AxF*& Fxtf y. egxr xFe&xFe&xF�&vFe+LEinR4*. Shipping Information: Tracking number. 810965596690 Ship data: May 11, 2017 Recipient RTJ LLC 1015 M STAGEWOOD TRL INC 28090 US Reference Thank you for choosing FedEx. Shipper. KEN FONNIN ASPHALT PAVING OF SHELBY, 1 124 LONG BRANCH RD KINGS MOUNTAIN, NC 280868574 US LAWESTOLE SUND PIT s FedEx. RECEIVED July 13,2017 AN 2 9 2017 LAND QUALITY Dear Customer. MINING PROGRAM The following is the proof -of -delivery for tracking number 810965596781. Delivery Information: Status: Delivered Delivered to: ReceptionisdFrant Desk Signed for by: D.SNEED Delivery location: 203 W MAIN ST INC 28090 SeMostAw: FedEx Express Saver Delivery date: May 16, 2017 12:25 Special Handling: Deliver Weekday fii Ftxf x fe&x fecEx Fedx F&x. Fec*x Tv& fo&xFl dxFetlxN&xFedxFe&xfe<E.f Fee ... Nil Ft 7 ix fed.. L Fe cEx fix Fecx fecE F_ x it�ccx Fix ffr�tlEx fec� �e f Shipping Information: Tracking number. 810965596781 Ship date: May 11, 2017 Recipient MAYOR TOWN OF LAWNDALE 203 SHLEBY RD INC 28090 US Reference Thank you for choosing FedEx. Shipper. KEN FOUMIN ASPHALT PAVING OF SHELBY. 1 124 LONG BRANCH RE) KINGS MOUNTAIN, NC 280868574 US LAWDALE SAND PIT WEX® RECEIVED AUG 29 2017 July 13,2017 LAND QUALITY MINING PROGRAM Dear Customer. The hollowing is the proofof-delivery for tracking number 810965596726. Delivery Infennation: Status: Delivered Delivered to: Receptionist/Fmnt Desk Signed for by. A.CROTTS Delivery location: 311 E MARION ST DEPT HR NC 28150 Service type: FedEx Express Saver Delivery data: May 12, 2017 13:49 Special Handling: Deliver Weekday Fet'.a N , F af. x �f x �Fe_t_i�E+x Fe&x F� % N Fec c r t 1. ft!& x it- AG AA i -4 P S&,: FE'S!P Shipping IMorrna6on: Tracking number. 810965596726 Ship data: May 11, 2017 Recipient CLEVELAND COUNTY 311 E MANOR NC 28150 US Re%ranos Thank you for choosing FedEx. Shipper. KEVN FARINE ASPHALT PAVING OF SHELBY, 1 124 LONG BRANCH RD KINGS MOUNTAIN, NC 280868574 US LAWNDALE SAUD PT • PSMexr of rye r� United States Department of the Interior 2 FISH AND WILDLIFE SERVICE Asheville Field Office CM 3. ,9h 160 Zillieoa Street Suite #B Asheville, North Carolina 28801 July 24, 2017 Ms. Brenda M. Harris Mining Program Secretary Land Quality Section North Carolina Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Dear Ms. Harris: RECEIVED JUL 27 2017 LAND CUA1 ITY MINING PROGRAM Subject: Mining Permit Application for Asphalt Paving of Shelby, Lawndale Mine, Cleveland County, North Carolina We received your letter dated June 30, 2017 (received July 5, 2017), requesting our comments about the subject project_ Your letter asks that comments be returned to your office by July 21, 2017. Our policy is to have responses to requests for comments mailed within 30 days of receipt of the request. The quantity of projects we review generally does not allow for a quicker response. Asking for our response in a shorter period would force us to give priority to some projects over others; we respond to projects in the order received and will continue to do so. In the future, if you would like our response by a particular date, please ask for our comments at least one month in advance. The following comments are provided in accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§ 4321 et seq.); Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the Migratory Bird Treaty Act, as amended (16 U.S.C. 703); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). The subject project involves the application for a mining permit to operate an excavator in the First Broad River in Cleveland County, North Carolina, to excavate sand. The permit application describes the affected acreage to be impacted as 0.23 acre for a processing area and haul road, 0.13 acre for stockpiles, and I.3 acres for excavation. We are opposed to any in -stream mining. Because of the detrimental efTect of in -stream mining to aquatic life, the North Carolina Chapter of the American Fisheries Society published a position paper against the practice in 2002 (previously provided to you on multiple occasions). In -stream mining, regardless of the method used, can result in numerous detrimental and long-lasting environmental effects. Some of the more devastating effects to stream geomorphology are channel incision, lateral erosion, and head -cutting. The alteration of geomorphic structure may occur due to increased velocity and the decreased sediment load associated with mined areas. Excavation in the active channel lowers the streambed, creating a nick point that steepens the channel slope and increases Flow. The nick point migrates upstream due to increased water speed; i.e., head -cutting. The deposition of sediment at the mine site results in a sediment deficient flow leaving the site; this, in turn, results in the stream picking up and transporting channel bed material from the stream reach below the mine site, ultimately resulting in channel cutting (incision). Channel incision can also cause lateral instability due to increases in stream -bank heights, resulting in bank failure. Channel instability further increases the transport of sediment downstream. Head -cutting and downstream channel incision atTect the stream for great distances and can also affect tributaries. Effects that may be directly related to the proposed extraction and to the resulting changes in geomorphology include increased sedimentation and turbidity, higher stream temperatures and reduced oxygen, lowering of the water table, and decreased wet periods in riparian wetlands. These physical changes cause the Ioss of riparian habitat; a reduction in primary productivity; a reduction in food availability; and the clogging of the gills of, and direct damage to, aquatic organisms. The loss of riparian vegetation will also lead to further bank destabilization and increased water temperature and will be detrimental to other wildlife that uses riparian areas as movement corridors. Also, as previously discussed, these effects can extend far upstream and downstream and can be cumulative. All these adverse impacts can result in shifts in species composition; a decrease in species diversity and abundance; and, likely, especially perilous conditions for sensitive and rare species. Stream ecosystems recover slowly from the effects of sand extraction, and total recovery has been considered improbable. Accordingly, we believe in -stream mining will likely result in the severe degradation of habitat in the immediate mined area; cause turbidity problems within and downstream of the mined area, induce head -cutting upstream and channel instability/incision within and downstream of the mined area; and likely induce the loss of riparian vegetation. Therefore, we are concerned that in -stream mining activities will result in the elimination of preferred habitat and a reduction in the quantity and quality of food resources for aquatic species. We expect that the proposed operation will result in significant adverse affects to aquatic habitat and aquatic life. If the Land Quality Section of the North Carolina Department of Environment and Natural Resources (NCDENR) decides to issue a permit for this mine, we request that the following conditions be placed on the permit and that the results be sent to us and the North Carolina Wildlife Resources Commission: • Aquatic habitat should be surveyed for the entire area (100 meters upstream of the proposed mine site and 400 meters downstream of the proposed mine site) to establish baseline conditions. Particular emphasis should be given to mussels and fishes. Surveyors should be qualified professionals, and sampling for aquatic species should take place during; periods of normal low flow and good water clarity. ... _ 0 10 • General habitat measurements should be conducted on the date of sampling. Reaches should include the entire area of the proposed mine site; upstream of the proposed mine site, and downstream of the proposed mine site, totaling three reaches. At a transect within each reach, the following measurements should be recorded: water temperature (mean column), dissolved oxygen concentration (mean column), turbidity, bank -full width (as described in Rosgen 19961), channel width, bank height, and bank erosion. Physical habitat variables for water velocity distribution, mean depth, substrate composition (based on the modified Wentworth scale), and in -stream structure types (cover) should be measured at intervals of four equally spaced points on each transect. Additionally, riparian buffer widths should be measured per transect. The number of transects needed should be determined using the information provided by Simonson et al. (1994)3. • Fish and mussel surveys should be comprehensive, and accepted sampling methods should be used to effectively sample both taxonomic groups. Specimens should be documented for identification confirmation with color digital photographs in JPEG format. All areas surveyed should be mapped. • Sampling should take place after each bank -full event (channel -forming flow, Rosgen 1996) because it is likely that aquatic species would move through or into the proposed mine site, especially following significant rain events. • All in -water activities and processing activities that would result in the discharge of sediment and/or water into the First Broad River should be prohibited during the spawning season (March 15 through June 30). • Downstream turbidity and bank erosion rates should be measured periodically along the sampling transects while mining is in progress and in comparison to an upstream reference site. The operator should maintain a record of all days on which mining occurs and the amount and composition of material removed. • Mined materials should not be stockpiled within the floodplain. Stockpiling; in this area will cause the materials to be available for transport into the creek during flood events. 1 Rosgen, D. 1996. Applied river morphology. Wildland Hydrology, Pagosa Springs, Colorado. 2 McMahon,'[. E., A. V. "Gale; and D. J. Orth. 1996. Aquatic habitat measurements, Pp. 83-120 in B. R. Murphy and D. W. Willis, eds. Fisheries "Techniques, Second Edition. American Fisheries Society, Bethesda, Maryland. 3 Simonson, T. D., J. Lyons, and K D. Kanehl. 1994. Quantifying fish habitat in streams, transect spacing, sample size, and a proposed framework. North American Journal of Fisheries Management 14:607-615. • Sediment- and erosion -control structures should be maintained to minimize impacts to the First Broad River. Excessive silt and sediment loads can have many detrimental effects on aquatic resources, including disruption of the food chain, destruction of spawning habitat, suffocation of eggs, and clogging the gills of aquatic species. Additionally, we strongly recommend that the bond fee for the "mine excavation" portion of a bond for in -stream mines be increased to the maximum allowed (currently, $5,000 per acre). The repair of the impacts of an in -stream mine will more likely cost in the tens of thousands of dollars per acre. We are also concerned about the use of invasive exotic species (fescue, lespedeza, Bermuda grass) in the reclamation and erosion control associated with this project. While many ofthe exotic plant species typically used in reclamation and erosion -control efforts have proven beneficial to some wildlife species, we now know that the invasive nature of these species outweighs any short-term wildlife benefits they may provide. Exotic species are a major contributor to species depletion and extinction, second only to habitat loss. Exotics are a factor contributing to the endangered or threatened status of more than 40 percent of the animals and plants on the Federal List of Endangered and Threatened Wildlife and Plants. It is estimated that at least 4,000 exotic plant species and 2,300 exotic animal species are now established in the United States, costing more than $130 billion a year to control. Additionally, the federal government has many programs and laws in place to combat invasive species (see www.invasivespecies.gov) and thus cannot spend money on or authorize projects that counter these efforts. Specifically, Section 2(a)(3) of Executive Order 13112 - Invasive Species (February 3, 1999) directs federal agencies to "not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the United States or elsewhere" Despite their short-term erosion -control benefits, many exotic species used in soil stabilization seed mixes are persistent once they are established, thereby preventing the reestablishment of native vegetation. Many of these exotic plants are also aggressive invaders of nearby natural areas, where they are capable of displacing already -established native species. Therefore, we strongly recommend that only native plant species be used in association with all aspects of this project. Protecting wide forested riparian corridors is essential to the protection of water quality and aquatic habitat. On virtually all projects, we strongly recommend undisturbed forested buffers for al I intermittent streams and wetlands (minimum of 50 feet wide) and perennial streams (minimum of 100 feet wide). Further, Executive Order 11988 requires federal agencies (or there designated nonfederal representative) to consider and protect floodplain functions. Almost all of the project area is within the 100-year floodplain. We believe the recent examples of Flooding throughout North Carolina highlight the importance of avoiding the "long- and short-term impacts associated with the occupancy and modification of floodplains' and that we should "avoid direct and indirect support of floodplain development" 4Lists of invasi ve exotic plants can.be found at hum//www ncwild0ower orz/invwivec/Gst htm and hilp Ilr,ww. invacive.nrg/easiornLas/ on the Internet. According; to our records and a review of the information you provided, no federally listed species or their habitats occur in the project area. Therefore, we believe the requirements under section 7 of the Endangered Species Act are fulfilled. However, obligations under section 7 of the Endangered Species Act must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Because of the detrimental and generally irrecoverable impacts of in -stream mining;, we are opposed to the issuance of permits for this purpose. Unless these mining; efforts are closely monitored and adjustments are made (including ceasing operations when necessary), impacts from such operations within, upstream, and downstream of the mine area could severely alter the stream ecosystem. We strongly recommend that any permits for in -stream mining issued by the NCDENR include the monitoring of both upstream and downstream stream reaches, with permit conditions to adjust or cease operations if any of the aforementioned aquatic impacts are detected. Thank you for allowing us to provide these comments. Please keep us informed about the status if'this project. If we can be of assistance or if you have any questions, please contact Mr. Allen Ratzlaff of our staff at 828/258-3939, Ext. 229. In any future correspondence concerning; this project, please reference our Log; Number 4-2-17-467. E-Copy: Olivia Munzer, North Carolina Wildlife Resources Commission, oliyia.munzer r@ncwildlife.orf; E s CJ Memo To: Judy Wehner From: Zahid Khan CC: Date: 7/10/2017 Re: Lawndale Pit Mine, Cleveland County, Broad River Basin Application/Permit #: 23-15 RECEIVED JUL 12 2017 LAND QUALITY MINING PROGRAIvi Holliday Keen reviewed the most recent submittal dated May 31, 2017 and received in MRO on July 6, 2017 with suspense date for comments July 21, 2017. We do not have any additional comments nor we received in this package any revised map or reclamation plan per Judy Wehner's letter dated June 30, 2017. Please contact Holliday or me if you need additional information. Log In H: /06 9 DPR/RRS Mining Permit Application Review RRSConlecl: S, f3:At1C..15. Name of project: Ai1w...r..� I �_i i`�-1 L. _ g ,a i ►` Proposed activity is WZ is not , within 5 miles of a public park or recreation area. Wyes, identify the park. AT-Erje4jeD Manager/agency nano: (contact nave): (phone; fax): (email): A` Review conducted by .j2�,�` � . A1C� Dale: -I—I G-2l'11'I PLEASE RETURN COVER SHEET ONLY WITH YOUR REVIXW/COMKWM YOU MAY ALSO CMAILYOUR RESPONSE AND/OR COM UNIWURSTIONS TO: Steve-Gvio Vjtone(aincp9rkaRDv THANKS! Return RECEIVED Steve Livingstone (919)707-9331 JUL' 242017 steve.livingstoneWcpwkg.gov LAND OUAUIY DENR/Division of Parks & Recreation MINING PROGRAM 1615 MSC Ralcigh,NC 27699-1615 �J Parks / Recreation Areas within 5 miles of Lawndale Mine Site: Polkvllle Recreation Park Contact info: Jack Shytle, Mayor of Polkville (704) 477-3702 6shVtlel@carolina.rr.com Piedmont Community Park Contact Info: Edna Green, Lawndale Town, perk , (704) 538-3146 towno flawndale@aol.com • 0 Parks / Recreation Areas within 5 miles of Lawndale Mine Site: Polkville Recreation Park Contact info: Jack Shytle, Mayor of Polkvilie (704)477-3702 ishytle1@caro1ina.rr.com Piedmont Community Park Contact info: Edna Green, Lawndale Town Clerk , (704) 538-3146 townoflawndale@aot.com ROY COOPER Cov ER Nt n� MICHAEL S. REGAN SecrewY TRACY DAVIS Energy, Minerals aye Land Resources June 30, 2017 ENVIRONMENTAL aOun. 11 K"CL\5 1a TO: Mr. Michael A. Murphy Director Division of Parks and Recreation FROM: Brenda M. Hamisr 5;:7N Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Asphalt Paving of Shelby Lawndale Mine Cleveland County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effects on the purposes of a publicly owned park, forest, or recreation area (GS 74.51 (5). Please respond by July 21, 2017 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Zahid Khan Slate of CaroOre I EnNimmemalQuallly I Energy. Mineral and Land Resources SUN. Salisbury Street 16R Mall ServiceCurter I Raligh, North CerNha2%99-I612 9197079200 kc Energy. Mineral& ENVIno MMEN74L Resources MEMORANDUM June 30, 2017 TO: Mr. Charles Bowden Application Review Coordinator Division of Soil and Water Conservation FROM: Brenda M. HarriK dv Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Asphalt Paving of Shelby Lawndale Mine Cleveland County ROY COOPER Cowen,r MICHAEL S. REGAN searerorr TRACY DAVIS obxrer Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on any publically owned conservation easements (G.S. 74-51 (5)). Please respond by July 21, 2017 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 publically owned conservation easements would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. lbmh Attachments RECEIVE® cc: Mr. Zahid Khan JUL 2 0 2017 LAND QUALITY SECTION State of North Carolina I Envirm rental Quality I EnererMneral and Land Resm,nes SQ N.Salhbury aree[ 11612 Mall Service center I Raleigh, Narrh Carollna276991bl2 419707 WOO • Coeplote home 1, 2, atM S. Also complete K] !� _ item 4 R Restricted Dellvery Is dealred. L 0/gent • Not your name arM address on the reverse DAd� so that we can rettim the card to you. 6. RF hY Prinkd Name) C. Dote of Dellmy IN Attach this oard to the beak of the mailpiece, or on the front 9 space permits. a 13Ym 1. Anc�la Atldnmed b: If YES eater delrw ry addreesb . ❑ No MR DONALD G DEDMON 1R ASPHALT PAVING OF SHELBY INC PO BOX 1526 SHELBY NC 28152 Expams Mat Fetum Receipt for Mamhaidise 2. AANaM (ri ihanaeNoeSbeg 7915 0640 0007 9832,9201 PS Form 3811. February 2004 Domestic Retum Receipt _ �'� ttiisesdz.M.tsu UNITED STA F862�� ]-11iW I II II I FirsbClass Mail Postage 8 Fees Paid USPS D6 3JL117 Peemil No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box I. NORTH CAROLINA DEPARTMENT OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH NC 27699.1612 174D-74D1 dwiidi • Energy. Min era I& Land Resources ENYMONMENTAL OUALR June 30,2017 Certified Mail Return Receipt Requested 7015 0540 007 9832 92021 Mr. Donald G. Dedmon, Jr. Asphalt Paving of Shelby Inc. PO Box1526 Shelby, North Carolina 28152 RE: Lawndale Pit Expired Mining Permit No. 23-15 Cleveland County Broad River Basin Dear Mr. Dedmon: ROY COOPER c9,�rNr MICHAEL S. REGAN sa ry TRACY DAVIS e Dvecmr We have reviewed the renewal request your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: Provide a scaled readable map that shows the adjoining property owner lines and names. Provide copies of the signed return receipts from certified mail from the county manager and adjoining property as required. 2. Provide reclamation plan for the site that includes cross sections for final reclamation. Show areas to be graded and seeded. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note this office may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 SWe ofNntlh Gmlm I EnNronmr)WQue111y I&PLNY.MIWe ®,d WWM Qumw MIN. SW¢Wry&r IJ61ZWilSerNceCrnttr I UdDh.NmvhCamlim M99-16n 4197079200 0 0 Certified Mail Mr. Dedmon Page Two As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. if you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. Si cerely, Ju ith A. Wehner Assistant State Mining Specialist Enclosures cc: Mr. Zahid Khan • • MINING CHECKLIST FOR ROUTING Applicant's Name: A5914T PAgN�- OF ProjectName: U VAI DqLl� PIT Applies/ Permit No:� 3-13County: CLt5V AAf)t Date Received S 3t ) Revinoer: T WdNa River Basin Name: ij l?n A r� ❑ Noun I ❑ Renetual ❑ Modification (inside permit boundaries) ❑ Modification (outsidepe���rmmit boundaries) ❑ Transfer ❑ Release ❑ Partial Release Additional Information ❑ Fee Needed: g O'Fee Received: s -50 Phase route entire application package to: MnoYti-SyiLLe Regional Ofxe(2cogW copim, attach the"LQS Regional Offue Mirmy AWwation Revato Checklist" bme copyadattach bath the DAQad DWR"Mining Applb mRevien Farm"m the achercotyi andbdh mpiu tothe Regional Engineer) Date: Routed Reed ❑ DivisionofWaWResources Date. Routed Reed ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ US Fish all Wildlife Service Date: Routed Rec'd (odyneatappluatunsand dfvmonregombthat oddWtothe Most) Please route first 3 pages of the application and any location maps ro: ❑ Division of Parks & Recreation Date: Routed Reed ❑ NC Geological Survey Section Date: Routed Reed ❑ Division of Marine Fisheries Date: Routed Reed ❑ Division of Soil Ir Water Conservation (plus LEA) Date: Routed Res a (Ody reur 99in asand sdifuatimn refuns that add W to Ile"t) ❑ Division of Archives b History Date: Routed Reed (cw9 ran appkasus) ❑ Other: Date: Routed Rec d **Suspense Date for Comments: TIAWE 2S, ami (nalater than gdaysfromreccipt) Pleasenotethefolloming: FoR-- Rc-vlckJ 4- (AMMsNT ASPHALT PAVING OF SHELBY INC. - - - -P.O. BOX 1526 SHELBY,MC23151 66-1255/531 - - - - 5/2412017 " RTHE ORDERNCDEHNRLAND QUALITY - ORDER OF -� 3,000.00 F . Three Thousand and 001100"«"« . •«""'"»»»' _»«...«.».»»»».»,...»«»».»...««....«...». DOLLARS Attention: Ms Ashley Rodgers Assistant Mining Specialist - 8 NCDENR.- Land Quality Section 1612 Mail Service Center vil Raleigh NC 27699-1612 Mining Permit Renewal for Lawndale Pit - ASPHALT PAVING OF SHELBY, INC. NCDEHNR LAND QUALITY Date Type Reference 5/2412017 Hill 5/24/2017 Original Amt Balance Due Discount 3,000.00 3.00000 Check Amount �V\'j 5039 Payment 3,000.00 3,000.00 Alliance Bank & Trust Mining Permit Renewal for Lawndale Pit 3,000.00 • ® ROY COOPER MICHAEL S. REGAN S. JAY ZIMMERMAN bhevnn Wmel Resources ENVIFOHMCMIAI WwlrtF June 14, 2017 ` MEMORANDUM �JEGEI /E® TO: Ms. Judy Wehner jUN 14 Z017 Land Quality Section LAND pUALIT! MINING PROGRAM FROM: Michael Bauer Mh Ground Water Management Branch Division of Water Resources SUBJECT: Comments on the Mining Permit Application Request for: Kerry Vess Buffalo Mine Cleveland County Please find attached a copy of the mining permit request for the above referenced project. The Buffalo Mine located in Cleveland County does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. However, if the mine starts to withdraw 100,000 gallons per day of water, they will need to register their water withdrawals with the Division of Water Resources on an annual basis. The registration form may be obtained from the following link: littp://www.newatcr.org/Pcrmits—and_Registration/Water Witlidrawal—and—Transfer—Registration. Facilities are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statute requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statue also requires transfers of 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 ril I for the previous year. If you have further questions regarding the water withdrawal registration please contact John Barr with the Division of Water Resources at (919) 707-9021 or email him atjohn.bam@ncdenr.gov. smu 9r Na umlm.I UVIMm W%AtyI we,R RM=% 1611M61txviee Cmiu I EtOngh,NO Cwk=27( 4611 919 in M • C Energy. Mineral & Land Resources June 1, 2017 ENVIPONNENTAL aUALrtY •e;:1•1111iIIIoil Idr TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources ��AA FROM: Brenda M. Harris 1� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Kerry Vess Buffalo Mine Cleveland County ® ROY COOPER covermrr MICHAEL S. RECAN Secretary TRACY DAVIS Director 1_ r ❑ Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable water supplies (GS 74-51 (2), Please respond by June 23, 2017 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, any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application, RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707.9220 if you have any questions. /bmh Attachments cc: Mr. Zahld Khan Nothing Comparesf-t.,_ Stale of North( nlhna I Envirnnmcnlal Qyalily I Energy. Wineral and Land Remumas 512N. sallNburystrect I1WMaiISR.ire Centet I0.ehiylt Nurth CJmlma ZPUYY-1UI2 Y19707WO r, u Wehner, Judy From: Harris, Brenda M 1. Sent: Wednesday, June 14, 2017 5:27 PM To: Boyer, Janet; Wehner, Judy Subject: FW. Cleveland -Buffalo Mine_NEW WRC Comments Attachments: MP Buffalo Mine_ NEW Cleveland_ WRC.pdf From: Munzer, Olivia Sent: Wednesday, June 14, 2017 2:40 PM To: Harris, Brenda M <brend a.harris@ncdenr.gov> Subject: Cleveland - Buffalo Mine_NEW_WRC Comments Brenda, Please see the attached. Thanks Olivia Munzer Western Piedmont Habitat Conservation Coordinator Certified Wildlife Biologist • NC Wildlife Resources Commission Sykes Depot, 2430 Turner Rd. Mebane, NC 27302,�� Office: 336.290.00S6 H Cell: 336.269.0074 3s' clivia.munzer(@ncwildlife.ore www.ncwlldlife.org i VO\ • JOE foil i Email owrespondema to and from Nis sender a s Nect to file N.C. Public Rcwrds law and may re disclosed to ifiid Series ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director i�uf�st[i7►��6lqul TO: Brenda M. Harris. Mining Program Secretary Land Quality Section /� FROM: Olivia Mumrxr, Western Piedmont Coordinator 0� Habitat Conservation Division DATE: 14 June 2017 SUBJECT: Mining Permit Application for Kerry Vess— Buffalo Mine, Cleveland County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject permit application. Our comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982) (G.S. 7446 through 74-68 15 NCAC 5). Kerry Vesa, the applicant, is requesting a new permit for mining sand in Buffalo Creek. The proposed mine is located off NC State Route 1926, approximately 0.4 miles northwest of its intersection with State Highway 150 near Shelby, Cleveland County, NC. The total permitted area requested is 3.0 acres; less than one acre of the site was previously mined. Sand will be removed from the creek with a dragline/excavator and deposited beside the creek bed. Sand will be hauled off site by trucks. Water from storage piles will drain back into the ground by filtering through a permanent sand drain bed. Once the operation ceases, the stockpile will be removed and the area will be sloped and reseeded. Buffalo Creek in the Broad River basin is classified as a Water Supply III stream by the NC Division of Water Resources. There are records for the federally and stale threatened dwarWlowened heartleaf (Hexacry7is nonijoro) within the vicinity of the site; however, no records of federally or state -protected species occur within or adjacent to the site. Should permit be issued, we offer the following recommendations to minimize impacts to aquatic and terrestrial wildlife resources. I. Removal of sand/gravel from the sand bar should be accomplished during low river Bows when the sand bar is dry. This will prevent sedimentation of the river during the removal of materials. 2. Sediment and erosion control structures should be maintained to minimize impacts to the stream from silt and sediment loads. Excessive silt and sediment loads can have numerous detrimental Address: Habilal Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1 Telephone: (919)707-0220 6 Fax: (919)707-0028 ® 0 Page 2 14 June 2017 Buffalo Mine Cleveland County effects on aquatic resources including disrupting the food chain, destroying spawning habitat, suffocating eggs.. and clogging the gills of aquatic species. 3. Sediment basins and stockpiles of aggregate materials should be located outside of the river buffer and floodplain. Stockpiling in this area will make these materials more readily available for transport into the stream during flood events. 4. Maintain a minimum 100-foot undisturbed native forested buffer between the mining activity and the stream (except for the one stabilized access area). Riparian buffer areas degraded by previous mining activities should be revegetated with native trees and shrubs. 5. Non-native plants should be removed from the seeding schedule. Native plants are preferred and recommended for revegetation and reclamation activities. Korean lespedeza, shrub lespedeza, crown vetch, and ladino clover are invasive and/or nonnative and should be avoided. NCWRC recommends an alternative mix of red clover, creeping red fescue, and a grain such as oats. wheat, or rye. For riparian edges, we recommend planting disturbed banks with native plants like silky dogwood, red maple, silky willow, tag alder, black willow, sycamore, river birch, or other native woody species. Thank you for the opportunity to comment on this permit application. Further information on native plants and free technical guidance on reclamation, please contact me at (336) 290-0056 or olivia.muEtzer(ri,ncNN,ildlife.ors�. cc: Kerry Vess, Owner arv.ri'WF`�•^i _ �+.-....V...i..r�n. +iron'..nNeyAnr.wM'.iM'�wv�vlla.. ..�TPi�+ ..�.M�. n.�WYM1V'ewf4v�N✓".ae1^1WlYurnm • ' fP.lr • MInNING /CHECKLIST FOR " ROUTING M'//m: [� uddfiL_!Applcants Nam: fAAppic/PermitNa: '3+64 Date Rrceined coutentyRen4er. k�i River Basin Name: i Neo ❑ R7mad ❑ Modification (inside permit boundaries) ❑ Modifuation(oueside perm aboundaries) ElTransfer ❑Relealy ❑ Partial Release �\Additlowl [nfmmation ❑ Fee Nad<d: g ❑ Fee Received: s Pleaautroute entire application package to: y IN %1Donal Office(: mmp4kropin;.anah tlu"LQS Regirnd Offue Mining AWlicaen Review Check in"wo copy and "both tk� ,DA�Qyad DWR "Mining AWwation Re iiw Fwm"to Jx utM copy, send both copiesiathe Regional o Date: Routed Rdd ❑ Division of Water Resources Date: Routed Reed ❑ NC Wildife Resources Cormmissim Date: Routed Reed _ US Fish d7 Wildlife Service Date: Routed 4VI/oIc6C Recd (y(✓(- s..• (Odyeew appl'knam ad Vw1iicatio regiw.as that add land tothe prmJt) I P4aoe route tM pages o the application and an location ma to: \ Diaision of Parks a Recreation Date: Routed t o I �k f .al %Ree'd ❑ NC Geological Survey Section Date: Routed ( Reed ❑ Division of Maine Fisheries Date: Routed /I Rec'd ��Division of Sail it Water Conservation (Plus LEA) Date. -Routed /o l ?j(� I t 2ite'd! (Ody vew.ppi+eaiwa out mo3ifuat�w.equensdmadd lmito ate peraw) i Division of Archms U History Date: Routed / s JI.il l7 Reed (014 new appliwoc) ❑ Other. Date: Routed Ra'd� xx Suspense Date for Comments: (ea haastkat aydays from ftD*) ❑ Please rote the fdloeuing: Ak&,o 4-C) 416 D 9� PC- Energy,hfineraliL Land Resources EWIRCNMERTALOUl " MEMORANDUM O e 30, 2017 TO: Mr. Brian Cole - Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris Mining Program Secretary Land Quality Section C� SUBJECT: Mining Permit Application for Asphalt Paving of Shelby Lawndale Mine Cleveland County ROY COOPER cRaerRar MICHAEL S. REGAN sernisary TRACY DAVIS olmemr Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by July 21, 2017 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Well at (919) 707-9220 if you have any questions. lbmh Attachments oc: Mr. Zahid Khan StaleofNarth Carolina I Environmental Quallly I Energy. Mineral and Land Wouroes 512 N. Salisbury Street Ilag Mall S<rvkeCurter I Raklgh, North Carolina 2M9-I612 %9ror92oo N.'ra Energy, Mineral & Land Resources ne V 2017 ENVIRONMENTAL QUALITY MEMORANDUM TO: Mr. Michael A. Murphy Director Division of Parks and Recreation FROM: Brenda M. Harri Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Asphalt Paving of Shelby Lawndale Mine Cleveland County ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effects on the purposes of a publicly owned park, forest, or recreation area (GS 74-51 (5). Please respond by July 21, 2017 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Zahid Khan State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh. North Carolina 27699-1612 919 707 9200 1C. • \nn y `YA\ Energy, Mineral& Land Resources J 30,2017 INYMPIKENTALauum MEMORANDUM TO: Mr. Charles Bowden Application Review Coordinator Division of Soil and Water Conservation FROM: Brenda M. Harri Mining Program Secretary Land Quality Section • ROY COOPER Governor SUBJECT: Mining Permit Application for Asphalt Paving of Shelby Lawndale Mine Cleveland County MICHAEL S. REGAN Sesrelmy TRACY DAVIS Directly Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on any publically owned conservation easements (G.S. 74-51 (5)). Please respond by July 21, 2017 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 publically owned conservation easements would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wenner at (919) 707-9220 if you have any questions. lbmh Attachments cc: Mr. Zahid Khan State of North Carolina I Erntronmemal Quality I rnergy, Mineral and Land Resources 512 N. Salisbury Street 11612 Mall Service center I Ralelgh, North Carolina 27S911612 919707WOO NC Energy, Mineral 6 Land Resources EXVIROXX6MAL OUM June 30, 2017 MEMORANDUM TO: Ms. Renee Gledhill -Earley Application Review Coordinator Archives & History FROM: Brenda M. Harri Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for AsphaR Paving of Shelby Lawndale Mine Cleveland County ROY COOPER MICHAEL S. REGAN Sacrvwry TRACY DAVIS o arr 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 any significant archeological resources. Please respond by July 21, 2017 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 significant archeological resources and/or human skeletal remains would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Zahid Khan State of North Caroline I Emimnmereal Quallly I Energy. Mineral and land Resources 512 N. Salsbury Street 11612 Md Service Cmter I Raleigh North Catalina 27699-1612 9I97079200 1 • APPLICATION FOR A MINING• PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) RECEIVED 73,15 MAY.312017 1. Name of Mine Lawndale Pit County. Cleveland I AND QUALITY River Basin Broad River MINING PROGRAM Latitude (decimal degrees to four places) 81,5583 Longitude (decimal degrees to four places) 35,4153 2. Name of Applicant* Asphalt Paving of Shelby, Inc 3. Permanent address for receipt of official mail** PO Box 1526, Shelby, NC 28151 Telephone (704 ) 739-4568 Alternate No.( 1 4. Mine Office Address 124 Lone Branch Rd, Kings Mountain, NC 28086 Telephone ( 704 1 739-4568 5. Mine We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understanr that any willful misrepresentation of facts will be cause for permit revocation. ***Signat Date J/rg Izon Print Name Donald G. Dedmon, Jr Title Vice President * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of comoanv officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days ofreceipt 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 beconsidered complete. Attach additional sheets as heeded. -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 pll of the following that apply: ® If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: 2.0 Property owner if leased: Richard Hord ❑ If this isan 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 ❑ 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 E. If yes, indicate the additional acreage to. be covered by this modification: . (NOTE: you most complete all of Section F. ofthis 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 ofamining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Natural Sand 3. Miningmethod: Hydraulic Dredge Front-end Loader & Truck ❑ Shovel & Truck Dragline & Truck a Self -loading Scraper Other (explain): Excavator and Truck 4. a. Expected maximum depth of mine (feet) 15 It Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Depth is relative to the existing river bed b. Expected average depth of mine 3 APPLICATION FOR A MINI1Vi; 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? Asphalt Paving of Shelby. Inc 6. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailin¢ Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5a Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 http://t rW.nedem.ory/webAr/ eological 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: Physical Address: NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandbmg Court Raleigh, North Carolina 27699-1587 Raleigh, North Carolina 27610 (919) 212-6000 httn://www.ncdot.org/it/ais/ 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. gg Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (precessing plants maybe described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. Outline and acreage of a0 settling and/or processing wastewater ponds. Location and acreage of all planned and existing access roads and on -site haul roads. I. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 1 DO -year floodplain limits and wetland boundaries. o. Names of owners ofrecord, both public and private, of all tracts of land that are adjoiningthe mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of .4- ` i APPLICATION FOR A MINA PERMIT 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. -5- APPLICATION FOR A MINI 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 otherpublic 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 I inch = 100 feet 200+ Acres I inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -6- APPLICATION FOR A MINING PERMIT • A table/chart must be provided on the mine mat that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haut roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 0 Stockpiles 0.13 Wastepiles 0 Processing Area/Haul Rogads Mine Excavation 1.3 Other (Explain) 0 Total Disturbed Acreage 1.66 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. -7- APPLICATION FOR A MINI PERMIT • C. PROTECTION OF NATURAL RESOURCES 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 area to be mined is a natural sand pit. During a storm event sand is deposited in the natural bend of the river creating a sand bar. An excavator is used to remove material from the sand bar which is then stockpiled on the sand bar and allowed to drain. Once the sand has drained the material is moved by a front end loader to the stockpile area from which it is loaded on dump trucks to be hauled away. Due to the limited size of the area this is a daily operation where material removed from the sand bed is hauled off as soon as possible. 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 far 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. The existing operating plan of constructing the safety berm required by MSHA along the sand bar during operations also seconds as the primary ESC measure has proven to be effective in mitigating any concern and will be followed as such. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No ®. If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? Yes ❑ No ®. Ifyes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method ofstabilization) on your mine map(s). 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 per day: . Locate all existing wells on the mine map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. d. if you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No Z. 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. - 8 - APPLICATION FOR A MINIIPPERMIT b. How will dust from stockpiles, haul roads, etc., be controlled? Excessive amounts of fugitive dust will be controlled by wetting appropriate working areas, adjusting operational activities, controlling traffic volume and speed, or other similar means. 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. Vegetative buffers have been established between the mining activity and the mining permit boundaries which will not be disturbed. 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 twenty five foot buffer will be maintained between the mining activity and mining permit boundaries. 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). No land disturbing activities will be conducted. No wetland areas will be impacted by the mining process. 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. Mining activities will not extend close enough to adjoining permit boundaries to cause any landslides or slope instability. b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. 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). -9- APPLICATION FOR A MINA PERMIT • 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 ofthe excavation. NIA 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. Mining activities will not extend close enough to any neighboring structure to cause any physical hazard. S. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/crass-section and location of each type of barricade to be used must be indicated on the mine map(s). There will be no high wall. 9. Are acid producing minerals or soils present? Yes ❑ No N. 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 screenin* the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine maps) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Existing vegetation in buffer zones will remain. 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? None 11. Will explosives be used? Yes ❑ No ®. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structures) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No Z. Ifyes, describe these materials, how they will be stored and method ofcontainment in case ofspill. Indicate the locations) of all storage facilities on the mine map(s). -10- APPLICATION FOR A MINI PERMIT • D. RECLAMATION PLAN l . Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to he constructed as part of the reclamation plan and the location(s) ofall permanent channels must be indicated on the reclamation map. According to Paragraph 13 of Permit 23-15 a buffer will be maintained between all mining activity and any vegetation in so much as that no vegetation will be or has been disturbed. All mining activity is conducted on the sand bar and as such no reclamation of vegetation is required. After the sand is removed from the stockpile area, the area will be leveled and smoothed to prevent pooling. Other disturbed areas will be graded and stabilized, and the channel banks will restored to as near the natural condition as practical. 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. 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. NIA — unconsolidated materials 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. This mine does not generate on -site wastes. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. Stockpile and other working areas shall be leveled, smoothed and revegetated as necessary. The access road shall be stabilized and revegetated as necessary. b. Will any on -site roadways be left as part of the reclamation? Yes ® No ❑. Ifyes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All APPLICATION FOR A MINING PERMIT • temporary and permanent refuse disposal areas must be clearly delineated on the mine mop(s) and reclamation map, along with a list of items to be disposed in said areas. Industrial wastes will be disposed of offsite. 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and Type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorizedrepresentatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): 2000 lbs./acre or follow recommendations from a soil test. FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 1000 lbs/acre 8-8-8 or 10-10-10, or follow the recommendations of a soil test. SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: Korean Lespedeza 15 Feb — I April 10 Ibs/acre Fescue 40 Ibs/acre Redtop 1 Ibs/acre Winter Rye (grain) 15 Ibs/acre Common Bermuda I April — 31 July 50 Ibs/acre Lespedeza (unscarified) I Aug — 25 Oct 30 Ibs/acre German Millet 40 lbs/acre Rye (grain —temporary) 25 Oct— 15 Feb 120 lbs/acre MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibs/acre and anchored using emulsified asphalt tack. OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): 12- APPLICATION FOR A MINAPERMIT • N/A Revegetation and/or reforestation plan approved by: Signature Print Name Title Agency Date -13- APPLICATION FOR A MINING PERMIT �J E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation workrheet is to be used to establish an appropriate bond (based upon a to of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by Department to be affected during the life ofthe mining permit. Please insert the unarozimate acreage, for e AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. _ $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: Ac. X $ /Ac. _ $ Mine Excavation: Ac. X $ /Ac. _ $ Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: 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 where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (I to 10 years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ Total Reclamation Bond Cost: $ (round down to the nearest S100.00) 14- APPLICATION FOR A MINIIPPERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS -fhe "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 pplicant Name has applied on (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine on acres located (Mineral, Ore) (Number) of off/near road (Direction) (Nearest Town) in County. (Miles) (N umber/Name) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the nronosed minim activity, please contact the annlicant at the following telephone number: . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the MiningAct ct 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 Applicant) Mailed to Addressee/Owner of Record) Erbil •AFFIDAVIT OF NOTIFICATION• 1, M� FfLhlnIXtd ,an applicant, or an agent, or employee of an applicant, fora new Mining Permit, or 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) _WAD MU AsSE` St]uxrrnnfS P=IAAIED INGASE RDNAL,N WHITE ( ., Pq APMW WN4I LtqzB M' • � (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.] MK GA&CIZ ., AAN10e. (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 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 I,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any pan 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 Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following imainratiddoN Name of applicant: ASPNAC-r PAtzLs„ !�c S/ iBv{ `r' 1oG Title of person executing Affidavit 'few/ fAnLnLi7.(, �-Zi1'AnA"� /� el IC � 1, Elki<. l 1 a-s-hm _ a Notary Public of the County of I halnln...i, '2� Cra14i a State of North Carolina, do hereby certify that hen C'tz.nnin appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hh�% d and nnot 'aal steal, this lltr day of Mqa ," 20 1_I . Notary:. T06'4. 1�` A.. my Commission expires: 4prt 1 11'.Aac 17- . AFFIDAVIT OF NOTIFICATIOO 13 e EAS EkAJ LDJ . anapplicant, 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 un 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) (AWNt&LC FII'Si Gt4Llf 2lt E 4UATtJ t (_AW,�&ALf , KW RANN4 t0e5ff4 Z(YS E&4kX tI CAW"MLE,tKIL aU454 WA 6 137 bk.LAt 211 CAk(e.(bALE1 Ali. (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) (Address) (i.e.: City Manager, County Manager, Mayor, etc.] TEFF P_g,}IAQZj ,l r CLYAMT4 EUAALA 3a E wAktogO d SC wu{ q i krC 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 withN.C.G.S. 74-50(b 1) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. &4� S([l %ZOL 1 Signature of Applicant or Agent Date _0%0E04 U. o !,, If person executing Affidavit is an agent or employee of an applicant, provide the following Name of applicant: AEAN A'-V ii ti'.e f�l rullr Title of person executing Affidavit L',CAI 9AAthl a1 t �97ct.ra4��, 11 f &1 0 P n5, ,r) a Notary Public of the County of�Ie State of North Carolina, do hereby certify that F e.n P0.nrt.n appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my h/'J���d andnnZ.al seal, this lyv. day of M9±1 20 1-1 . Notary: Spa. nV `1-crz.L my Commission expires: 4r.. -17. • AFFIDAVIT OF NOTIFICATIO* 15 KEAI rAAJACrJU , 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 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) fa' Lf f6E J ,50it l 204 6 l4AAsnl, LAVJk6ALfc t &LC a TT LLC. lots to 5D2GeGQX-A 7 L, (AW&LNEI nIC (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) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipalityin which any part of the permitted area is located in compliance withN.C.G.S. 74-50(b 1) and 15A NCAC 5H .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 -- - s l u 12007 1 igra urc of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following inlgJ�idh:Pp"sj Name of applicant Tar "Pule of person exeJc�uting Affidavit hmAgl, I, F.l lrn ,� Qo,S}an a Notary Public of the County of Clp�k(fl Cd p013tt16 State of North Carolina, do hereby certify it appeared before me this day and under oath was Witness my hapd and notarial eat, this [an day of MA., Notary: (.�, _� my Commission expires; jg t>.n t I1 ,aiaU .17_ APPLICATION FOR A MINI* PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: //'//�� Signature: � 3x a rild )Jwla Signature:" d4 Print Name: Richard Hord (Title, if applicable) Company (If applicable) dress: PO Box 23 Lawndale, NC 28090 Telephone:(7py ) 53if-9a1,9 Date Signed: O-�cliva.: H-01,/ Print Name: Donald G Dedmon Jr Title: Vice President Company: Asphalt Paving of Shelby. Inc. Mine Name: Lawndale Pit Telephone: ( 704 ) 739.4568 Date Signed: *Signature must be the same as the individual who signed Page I of this application. or money C sent to the form. apartment of Environment and Natural Resources must be at the address listed on the front cover of this application lr 'rigs regarding the status of the review of this application should be directed to the Mining Program staff at (s.,) 707.9220. El APPLICATION FOR A MINING40RMIT MINING FEE SCHEDULE s A nonrefundable permit application processing fee when filing for a new mining permit, a major permit modification or a renewal permit is required as follows: 0-25 acres 26+acres New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $1,000.00 .Permit Renewals $750.00 $1,000.00 Transfers/Minor Modifications* $100.00 $100.00 ' A nonrefundable $100.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers, name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major permit modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by 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. -19- APPLICATION FOR A MINING4rMIT • There are seven Land Quality Section (LQS) 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 -20- APPLICATION FOR A MININ*RMIT 0 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:910.350.2018 Winston-Salem Regional Office • Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, Surry, Watauga, Wilkes, Yadkin • Address: 585 Waughtown Street, Winston-Salem, NC 27107 • Voice:336.771.5000 FAX: 336.771,4631 -21- APPLICATION FOR A MINING&RMIT • SCHEDULE OF RECLAMATION COSTS (Based upon ranee 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. $20001ac. $1800/ac. $5001ac.(L) Borrow 1500(Fl) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, MI, 1500(FI) 2500(PD) Ll, PH, 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 (171) = 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, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING. AS A MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) • MULCH AND ANCHORING COSTS PER ACRE • ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. -22- • (NOT TO SCALE) PERMITTED AREA 100 YEAR FLOOD VEGETATIVE LEVEL. ZONE STOCKPILE AREA 0 Disclaimer: The information contained on this page is NOT to be construed or used as a survey or Approx. Scale 1:12243 legal description. Map information is believed to be accurate but accurary is not guaranteed. 0 0.2 mi 04 mi Layer: Parcels SEQNUM: 71802 OwnerZip: 28090 Owned: HORD RICHARD S SR ParcelAddr: 209 E MAIN ST Owner2: HORD BETTY L DeeclBook: 1648 DeedBook_P: 1648-1025 DeedPage: 1025 Deadfal r: 4.81 Mai L 2 Taz_Distri: 9 Block: 2 PIN: 2631668367 Lot: 13L NeighCode: 191 LandArea: 4.81 Use —Code: R LandValue: 26442 SUMLCalcul: 5.94442076 BldgValue: 7800 Parcell 71802 AdjValue: 34242 OwnerNamel: HORD RICHARD 3 TaxYear. 2017 OwnerNameZ: HORD BETTY L ParAddr: 209 OwnerAddrl: 422 CASAR LAWNDALE R ParDirPref: E OwnerAddr2: LAWNDALE INC 28090 ParRdName: MAIN Ownecity: LAWNDALE ParRdType: ST OwnerState: NC Shape.STAreaQ: 258932.49859619 I Attributes at ooint: 1236864. 616376 1 Class: Municipal Zoning Census Tract: 950200 Wal vieagianeVCemmonrprinl.php la 43/2017 i Municipality: Lawndale Layer: NC House and Senate Districts Senate: 46th Senate Legist: 111 th House Layer: Flood Zones Grid: 2631 Panel: 37102631100.1 Layer: Fire Districts District: Lawndale Layer: Jurisdictional Limits Name: LAWNDALE Cleveland County, NC WebGIS • Layer: School Districts Elementary: FALLSTON ELEMENTARY Intermediate: Middle: BURNS MIDDLE SCHOOL High: BURNS HIGH SCHOOL Layer: Voting Precincts Precinct: Lawndale Voting Site: Lawndale Community Center Building Layer: Watersheds Zone: WSIV hftps:/Avww.webgl s.ret/C om morVpri M.php V2 ASPHALT PAVING OF SHELBY, INC. PO Box 1526, Shelby, NC 28151 Office: 704-7394568 Fax:704-739-1654 11 May 2017 Judith Weimer Assistant State Mining Specialist Energy, Mineral and Land Resources Department of Environmental Quality 1tJED REC'E V 1612 Mail Service Center 1 Z011 Raleigh, NC 27699 MAY 3 (] Subject: Letter of Transmittal [pND M MINING PRQG Dear Ms. Wehner: This letter is to inform you that the following individuals and entities have been notified via Federal Express of our intention to submit a mining permit. LETTER OF TRANSMITTAL NAME ADDRESS TRACKING NUMBER CountyManager 311 E. Main, Shelby, NC 8109 6559 6726 Mayor of Lawndale 203 Shelby Rd, Lawndale, NC 8109 6559 6781 Lawndale First UMC 211 E Main, Lawndale, NC 8109 6559 6770. Randy Dorsey 205 E Main, Lawndale, NC 8109 6559 6760 Grady Ward 132 Dallas Rd, Lawndale, NC 8109 6559 6759 Broad River Asset Solutions 179 Appian Way, Shelby, NC 8109 6559 6737 Richard Wease 118 Hord Rd, Lawndale, NC 8109 6559 6748 Ronald White 4428 Hoover Rd, Lawndale, NC 8109 6559 6715 Paul Henderson 204E Main, Lawndale, NC 8109 6559 6704 R T LLC 1015 W Sta ecoach Trl, Lawndale, NC 8109 6559 6690 Sincerely State of: North Carolina County of Cleveland Subscribed and sworn to before me: Ken nnin Notary Public: Estimator (� Name: C� t� � PMiL� Date: 311, My Commission Expires: D 1r )G,' 1a0TAft, i90D±.1'C • May 19,2017 Dear Customer. The following is the proofbf-delivery for tracking number M965WI728. Delivery Infornna ion: Status: Delivered Delivered to: ReceptionisUFront Desk Signed for by: A.CROTTS Delivery location: NC Service type: FedEx Express Saver Delhrery data: May 12. 2017 10:49 Special Handling; Deliver Weekday Signature image is available. In order to view image and detailed information, the shipper or payer account number of the shipment must be provided. Shipping Information: Tracking number: 810965596726 Ship data: May 11, 2017 Recipient NC US Reference Thank you for choosing FedEx, Shipper. KINGS MOUNTAIN, NC US LAWNDALE SAUD PT May 19,2017 Dear Customer: The following is the proof -of -delivery for tracking number 810965596781. Delivery Information: Status: Delivered Delivered to: Receptionist/Front Desk Signed for by: D.SNEED Delivery location: NC Service type: FedEx Express Saver Delivery date: May 16, 2017 12:25 Special Handling: Deliver Weekday Signature image is available. In order to view image and detailed information, the shipper or payor account number of the shipment must be provided. Shipping Information: Tracking number. 810965596781 Ship date: May 11, 2017 Recipient Shipper. 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In order to view image and detailed information, the shipper or payor account number of the shipment must be provided. Shipping Information: Tracldng number. 810965596690 Recipient: NC US Reference Thank you for choosing FedEx. Ship date: Shipper. KINGS MOUNTAIN, NC US LAWESTOLE SUND PIT May 11, 2017 • L J • To: FFJudy Wehner From: Zahid Khan CC: Date: 5/2/2017 Re: Lawndale Pit Mine, Cleveland County, Broad River Basin Application/Permit #: 23-15 Holliday Keen reviewed the most recent submittal dated April 5, 2017 and received in MRO on April 10, 2017 with suspense date for comments April 28, 2017. Holliday inspected this site on April 25, 2017 and map reflects the site conditions. A Copy of Holliday Keen comments is attached. A copy of Air Quality comments is attached. A copy of Water Quality comments is attached. A copy of Holliday Inspection is attached. C. VENED RECEIVED \Er Please contact Holliday or me if you need additional information, MAY 0 4 26V LAND QUALITY MINING PROGRAM 1 Khan, Zahid --_-Fromv- - - .Keen, Holliday V -.-._.__-_._..,,.s... .._ ... .. . ` Sent: Friday, April 28, 2017 2:35 PM 70: Khan, 7ahid Subject: Lawndale Pit Mine renewal: Permit # 23-15; - After visiting the Law ndale Piton April 25, 20170 1 found that the permit renewal application and map are accurate. I recommend that permit 023-15 he renewed. Holliday Keen Environmental Senior Specialist Land Quality Section, Mooresville Regional Office Division of Energy, Mineral and Land Resources North Carolina Department of Environmental Quality Phone: 704-235-2148 Email: Holliday.Keen@NCDENR.gov 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 M- /'5 N 111 irg Compares.... Email correspondence to and from this address is subject to the North Carolina Public Recrords Law and may be disclosed to third parties. i • North Carolina Department of Environment andfatural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: Lawndale Pit 2. MINE LOCATION: 35.419-81.5637 3. COUNTY: Cleveland County 4. RIVER BASIN: Broad 5. CASE: 6. OPERATOR: Asphalt Paving of Shelby, Inc. 7. ADDRESS: A`17M: Donald D. Dedmond P.O. Box 1526 Shelby,NC 28151 8. MINING PERMIT #: 23-15 ❑ N/A 9. PERMIT EXPIRAIIJON DATE: 06/06/2016 ❑ N/A 10. PERSON(S) CONTACTED AT SITE: N/A 11. PICTURES? ❑ Yes N No TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Sire of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: ® 13. Routine Inspection (Permitted Mine Sites) II C. Follow-up Inspection 13. Date of last inspection: 03/13/2017 14. Any mining since that date? N Yes ❑ No If yes, cite evidence of such mining activity: Equipment on site. 15. Was mine operating at time of inspection? ❑ Yes N No If yes, explain: 16. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No ❑ N/A If no, explain: 17. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No ❑ N/A If no, explain: 18. Is there any off -site damage? A. ❑ Yes B. ❑ No C. N None observed RECEIVED If A, describe the type and severity of the damage: If 13 or C, is there potential for offsite damage? ❑ Yes N No Explain: �jr% 19. Corrective measures needed and/or taken: MININGRe r Qam 20. Other recommendations and comments: This inspection was conducted to confirm accuracy of the mine permit renewal submittal package. 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) N Not Reviewed ❑ N/A 22. Follow-up inspection needed? ❑ Yes N No Proposed date 23. No. of additional pages of Inspection Report 24. Copy of Report sent to operator INSPECTED BY: Holliday Keen DATE 04/25/2017 Telephone No: 704-235-2148 Copy to file Copy to operator Copy to Mining Specialist -MUNING-PERMIT APPLICATION REVIEW FORM For the DIVISION OF AIR QUALITY Project Name/Permit Number: Lawndale Pit / 23-15 County: Cleveland Due Date for Comments Back to Land Quality Section: 4110117 Return To: Zahid Saeed Khan Will the operation, as pr posed, violate standards of air quality? Comments: s '1. r arswbZ4({:ea - .r C.1 3' B �.J 0� r u n rc.a• on A ✓ G i�'cX'r . YES NO Air permit required t/ lip Ib'srS(�IZ Air permit existing (Permit #� Other Reviewed b : ��Date: 9-16 -17 Print Name: ��%uc� zz�./Q. 10912005 Cenral ORce Reviewer .PnM this /ono to PDF Re cc PDF of this roto DEMLR CO by email. DEML . DWR SPU. spirit ermitlee it a copy ro the p. MINING PAmr RMIT APPLICATION REVIEW FORM for the DIVI I^.?v'`OF WATER RESOURCES Project Name Lawri Pit DEMLR Permit # 23-15 County: Cleveland Applicant's Email: n/a PERMIT ACTION TYPE: Renewal YES NO Date Commencing ❑, ❑ Have land disturbing activities started? Date? G G 1996 Latitud 35.41760 ' Longitude:-61.56239 Please return comments to (at DEMLR CO(: Judy Weimer Comments due by: April 26, 2017_ SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? nc Comments: Proper sedleros measures and dewatenno measures should be constructed/installed Watershed/Stream Name & Classification: WS-IV DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 401 Wetland.Cert. requiredR ❑ r 401 Wetland Cert. existing? r' Permit # r Does DWR RO have enough information to determine if a 4oil certification isire wired? E r� Is an O & M Plan needed? YES NO Arewetlands disturbed at this site? ram— r Does DWR-RO suspect or know of nearby ❑ r., wetlands to the site? Is a wetland delineation required prior to DWR issuing the permit? r, _ I ❑Consultant _ + «ypu G •Waite?11�11 E I TIP WE r RPv R,.ntamrmr 71110 ..Pnet this form to PDF RI of (his tam to DEMLR CO by email. cc DEMLW DWR SP(1. Send a copy to the permidee. no- r+r, c t1 ,Saxw,x ' I �^" � 4' r al�e7 r Nw ,.r . 4 t 1! ! r , ,rr'~+s fe,i �gl r �r ..a $YRrE Pjart P.;J'r ?r sr }y u', r .� �I�u�il. p''F Lh l�r Rr ttd1Y fiFa} .: 'fl': AM 1i::, p,# >: Stream Determination Needed? ❑ r' StreeimhDetermirdtion Completed? 11�ry 1I ❑ 4p rrl� ' '�._ r' a t°"IT 4 9 3i 11 µel a Does DWR RO need a statement that no wetlandslstreams are disturbed r RE for this project from applicant? Buffer Determiri_atlo_n Needetl''ia'"Y p+-.a� , rPlitt ;a°` Buffer Determination Completed? ❑' ❑' - sy_atempermit extsting?akx r Permit# >!{1""_'i e "_'" r'"w'tr ""`"'7� n wReeycle ueI'l'w3 Nt{' . ,. New Recycle System permit required?' r Enough information to determine? — y�111 14"' .1i at, `� +W[Er h 5 "m' i Nan-dtseharge'permitexlsNrg7 ip^"�'.j �k dY' t 5 ❑ ermit#. 'k d',r' F' Yfiilw �.. If rN .. ti *td°l.-y. �,y a r" Unknown. Will wastewaters discharge to HQW waters r ❑'7Q10 Permittee with a 7Q10=0? Flow: must determine. ` ° '. _', tr e . � r Has'wwlation °,� r1, .� z A, _B r1 �,. Chu y j. ; �; G 08M Requ1ramants ' �-:;r rr.-.,::, r ¢ r HQWI7Ql0Concems I• Does DWR requlre DEMLR to':hold the + ,, I r Pay„back fees or.ranew ; , .. ,� , t• permit je g. so DWR,can reJiew It further or DWR ge`rm(t ,Y .t 1' 1_ e+ r „L.q �! . , h.� sc because DWR requires r Othsr more.lnforrnatlonj?� - :� 7 Please;describe the reason to y.; ,h s 3M "f5, " hold then"permd �� r It , . yJ.F a s-w a a' RO Contact n r ,'r RO a +. 1a �'a�t".� ' ' -` w a uHold,Untll. .T n �x..a ^m� r'-{ Mine must wait to dewater until an O&M plan is r r approved? Reviewed by: DWR RO Surface Water Alan Johnson Regional Office: MRO Date: 04118/2017 RO Aquifer Protection Section: Regional Office: Date: Rev SaMamM1ar JMe Kro .Energy, Mineral& Land Resources 6NVIN0NNeN*u all f May 2, 2017 Certified Mail Return Receipt Requested 7015 0640 007 9832 8822 Mr. Donald G. Dedmon, Jr. Asphalt Paving of Shelby Inc. PO Box 1526 Shelby, North Carolina 28152 RE: Lawndale Pit Expired Mining Permit No. 23-15 Cleveland County Broad River Basin Dear Mr. Dedmon: • ROY COOPER co,wnor MICHAEL S. REGAN Swaney TRACY DAVIS Direpor We have reviewed the renewal request your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: 1. Mining Permit No. 23-15 expired on June 6, 2016 and cannot be renewed. You must request that a new permit be issued. To do so, submit an additional $3,000.00 processing fee, complete the notification section requiring notification of the county manager and all first adjoining landowners within 1000 feet of the permit boundary, provide copies of the signed return receipts from certified mail from the notifications and complete the affidavit of notification. 2. Provide an accurate longitude and latitude in decimal degrees to a minimum of four places. 3. Revise the mine map to clearly show the permit boundary and include the access roads within the permit boundary. Provide more topographic information. Show and clearly label the 25 foot undisturbed buffer along the river bank and include within the permit boundary. Clearly label the buffers along the adjoining properties, including buffer type and buffer width. Locate cross section A —A". 4. Provide reclamation plan for the site that includes cross sections for final reclamation. Show areas to be graded and seeded. State of Nm[M1 Cal olina I EnWonme,Wl Quality I Fnergy. Weral and Land l@sources 51214. Salisbury Stnuct 11612 Mail Service Center I itolekrh 4MM1 Carding 2399i61-1 9199Ui4l Certified Mail Mr. Dedmon 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 this office may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. Sincerely, t Ju th A. Xne Assistant State Mining Specialist Enclosures cc: Mr. Zahid Khan r � U 0 Wehner, Judy From: Sent: To: Cc: Subject: Attachments: Please see attached. Thanks Khan, Zahid Tuesday, May 02, 2017 9:09 AM Wehner, Judy Khan, Zahid Lawndale Pit Mine 23-15 Comments for 23-15 Lawndale Pit Mine.pdf Z4.WitAul CPX 041fe CPSWQ Zahid.Khan9ncdenr.gov Regional Engineer North Carolina Dept. of Environmental Quality Div. of Energy, Mineral, and Land Resources - Land Quality Section 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Ph: (704) 663-1699 Fax: (704) 663-6040 r {, villi Finail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. 3000ou `� aAae� 0 • Memo To: Judy Wehner From: Zahid Khan CC: Date: 5/2/2017 Re: Lawndale Pit Mine, Cleveland County, Broad River Basin Application/Permit #: 23-15 Holliday Keen reviewed the most recent submittal dated April 5, 2017 and received in MRO on April 10, 2017 with suspense date for comments April 28, 2017. Halliday inspected this site on April 25, 2017 and map reflects the site conditions. A Copy of Halliday Keen comments is attached. A copy of Air Quality comments is attached. A copy of Water Quality comments is attached. A copy of Holliday Inspection is attached. Please contact Holliday or me if you need additional information. Khan, Zahid From: Keen, Holliday V Sent: Friday, April 28, 2017 2:35 PM To: Khan, Zahid Subject: tawndale Pit Mine renewal: Permit If 23-15; Aker visiting the Lawndale Pit on April 25, 2017, I found that the permit renewal application and map are accurate. I recommend that permit #23-15 be renewed. . Holliday Keen Environmental Senlor Specialist Land Quality Section, Mooresville Regional Office Division of Energy, Mineral and Land Resources North Carolina Departmem of Environmental Quality Phone: 704-235-2148 Email: H011iday.KeenaNCDENR.gov 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Ic-�IhhgCompares,..... Email correspondence to and from this address is sub*l to the . North Carolina Public Records Law and may be disclosed to third parties. • North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: I.,awndale Pit 2. MINE LOCATION. 35.419,-81.5637 3. COUNTY: Clcvcland County 4. RIVER BASIN: Broad 5. CASE: b. OPEIZATOR: Asphalt Paving of Shelby, Inc. 7. ADDRESS: _A"_I_"I_'M: Donald 1). Dedmond, P.O. Box 1526, Shelby, NC 28151 8. MINING PERMIT #: 23-15 ❑ NIA 9. PERMIT EXPIRATION DATE: 06/06/2016 ❑ NIA 10. PERSON(S) CONTACTED AT SITE: NIA IL PICTURES? ❑ Yes E No TAKEN BY: 12, TYPI? OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of :effected land: ac. (attach sketch map) 2. )Flow was this area measured? Measured by: ® B. Routine Inspection (Permitted Mine Sites) ❑ C. Follow-up Inspection 13. hate of last inspection: 03/13/2017 14. Any mining since that date? E Yes ❑ No If yes, cite evidence of such mining; activity: EqUiR111CIlt oil Site. 1.5. Was mine operating at time of inspection? ❑ Yes M No If yes, explain: 16. Is the mine in compliance with 111e Operating Conditions of the Permit? E Yes ❑ No ❑ N/A If no, explain: 17. Is the mine in compliance with the Reclamation Conditions of the Permit:' �C Yes LJ No H NIA If 110, explain: IS. Is there any off -site damage? A. ❑ Yes 13. ❑ No C. M Nonc observed If A, describe the type and severity of the damage: If 13 or C, is there potential for offsite damage? ❑ Yes ® No Explain: 19. Corrective measures needed and/or taken: 20. Other recommendations and comments: This ins ection was conducted to confirm accuracy of the mine permit renewal submittal package. 21. Is the Annual Reclamation Report +/- neap accurate? ❑ Yes ❑ No (Explain) M Not Reviewed ❑ NIA 22. Follow-up inspection needed? ❑ Yes ® No Proposed (late 23. No. of additional pales of Inspection Report 24. Copy of Report sent to operator INSPF,CTEI) BY: Holliday Keen DATE 04/25/2017 Telephone No: 704-235-2148 Copy to file Copy to operator Copy to Mining Specialist MINING -PERMIT APPLICATION REVIEW FORM Forthe DIVISION OF AIR QUALITY Project Name/Permit Number: Lawndale Pit / 23-15 County: Cleveland *" Due Date for Comments Back to Land Quality Section: 4110/17 Return To: Zehid Saeed Khan Will the operation, as pr pased, violate standards of air quality? Comments:$pAoj� Vn4�6; a4�Valbr rlzzlorr,ii Cr'3r E' it Y iQrc r—: mo..Olm ot npu'rn:l-.� YES NO Air permit required _ Air permit existing (Permit 4— _ Other Reviewed b Date: .9yyb-/7 r—" Print Name: ( 2 J "Ucc �n�•�2 109,2005 Central Office Reviewer: _ Point this room N POP *um PDF of this fmm to DEMLR CO by emeit, be DEMW DwR SPU. sew a copy to@e pomiltoo MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER RESOURCES Project Name Lawndale Pit DEMLR Permit # 23-15 County: Cleveland Applicant's Email: We PERMIT ACTION TYPE: Renewal YES NO Date Commencing r, r, Have land disturbing activities started? Date? r • r 1998 Latitud 35.41760Longitude:-81.56239 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: April 28, 2017 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? me Comments: Proper sedleros measures and dewatering measures should be constructedlinstaIled Watershed/Stream Name.& Classification: WS-IV DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? Is an O & M Plan needed? YES NO Does DWR RO suspect or know of nearby r , F wetlands to the site? a,.,, a, ,tomhor 2nm Print ibis One to POP GNm POP o1 this loam to DEMLR CD by enroll. cc DEMO, DWR SPU Send a copy to Igo Pen infoo 1 { rl e Q FY1 {v. "x�['tovW I 2k{ v'ke: �4 r� _ , a' 4 i �� ai. In rs��: ! _:. ragCl'. yluvdr Yfrr .4k¢'�f ". • : t irr 'iv "i(YUF 'yin. �jF$'1� µ y!'��"V lYLx'.iiv"`v—ifi uv R2?Il'. .ys_.,...- i Does DWR RO need a statement the no wetiandslstreams are disturbed for this project'. MUM r F'� CJ��-�SiM Y.. 311yr131 1 I� �II4FlA �r y21fm - rf RpRp����pp TT� ru 1'104e�f 4'f� J T o-e nr New 'Recycle System permit required?* Enough Information to determine? � • I with a • 1 1 61IA E i Y � N9k `)a•p' r I 'kF � � 3�`�I��� �x'a •�I �� a ," %'�S �, �� �f a .Ga •: ®� 00 Reviewed bv: DWR RO Surface Water: Alan Johnson Regional Office: MRO Date: 04118/2017 RO Aquifer Protection Section, Regional Office: Date: — Rry RcnfrmFer JntO Wehner, Judy From: Harris, Brenda M Sent: Thursday, April 27, 2017 9:52 AM To: Boyer, Janet, Werner, Judy Subject: Fill 23-15 - Cleveland - Lawndale Pit - WRC Comments Attachments: 23-15 MP Lawndale Pit -First Broad -Renewal- WRC Comments.pdf From: Munzer, Olivia Sent: Thursday, April 27, 2017 7:35 AM To: Harris, Brenda M <brenda.harris@ncdenr.gov> Cc: Russ, W. Thomas <thomas.russ@ncwildlife.org> Subject: 23-15 - Cleveland - Lawndale Pit - WRC Comments Brenda, Please see the attached comments. Let me know if you have any questions. Thanks. Olivia Olivia Munter Western Piedmont Habitat Conservation Coordinator Certified Wildlife Biologist NC Wildlife Resources Commission Sykes Depot, 2430 Turner Rd. Mebane, NC 27302 Office: 336.290.0056 H Cell: 336.269.0674 olivia.mumerilbncwildlife.ore wwwmirwildlife.ora ®0®F3 Email correspondence to and from this sender Is subject to the N.C. Public Records Law and maybe disclosed to third parties 9 North Carolina Wildlife Resources Commission 0 Gordon Myers, Executive Director MEMORANDUM TO: Brenda M. Harris, Mining Program Secretary Land Quality Section FROM: Olivia Munzeq Western Piedmont Coordinator ,/ Habitat Conservation Division DATE: 27 April 2017 SUBJECT. Mining Permit Renewal Application, Asphalt Paving of Shelby — Lawndale Pit, First Broad River— Permit No. 23-15, Cleveland County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NC W RC) have reviewed the subject permit application. Our comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982) (G.S. 74-46 through 74-68 15 NCAC 5). Asphalt Paving of Shelby, the applicant, is requesting a renewal of a. permit for mining sand in the First Broad River. The total permitted area is 2.0 acres. Sand will be removed from the sand bar withan excavator, stockpiled on the sand bar and allowed to drained. Once the sand has drained, itwill be moved by a front-end loader to the stockpile area to be loaded onto dump trucks. After the sand is removed from the stockpile, the area will be leveled and smoothed, and other areas will be graded and stabilized. The channel banks will be restored to near natural conditions, as practical, and the site will be rovegetated according the mining permit. No land disturbing activities will be conducted. Asphalt Paving of Shelby is requesting the renewal period of 10 years. First Broad River in the Broad River basin is classified as a Water Supply IV stream by the North Carolina Division of Water Resources. There are records for the federal species of concern and slate special concern Broad River spiny crayfish (Canrbarns spicatim) in the First Broad River and Big Knob Creak. There are also records of the state significantly rare Piedmont shiner(Nolropis sp. cf. chlorocephalas) in First Broad River. Should permit be renewed, we offer the following recommendm ions to minimize impacts to aquatic and terrestrial wildlife resources. I. Removal of sandlgnrvel from the sand bar should he accomplished during low river flows when the sand bar is dry. This will prevent sedimentation of the river during materials removal. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Far. (919)707-0028 Page 2 27 April 2017 Lawndale Pit Permit No. 23-15 2. Non-native plants should be removed from the seeding schedule. Native plants are preferred and recommended for revegetation and reclamation activities. Bermuda grass, redtop, and species of fescue and lespedeza are invasive and should be avoided. NCWRC recommends an alternative mix of red clover, creeping red fescue, and a grain, such as oats, wheat, or rye. For riparian edges, we recommend planting disturbed banks with native plants like silky dogwood, red maple, silky willow, tag alder, black willow, sycamore, river birch, or other native woody species. 3. Sediment basins and stockpiles of aggregate materials should be located outside of the river buffer and tloodplain. Stockpiling in this area will make these materials more readily available for transport into the stream during flood events. 4. The renewal period for the permit should be no more than five (5) years. Thank you for the opportunity to comment on this permit application. further information on native plants and free technical guidance from the NCWRC, please contact me at (336) 290-0056 or olivia.ntunzcr a,ncwildli fe.org. ec: W. 'Thomas Russ, NCWRC Wehner, Judy From: Harris, Brenda M Sent: Thursday, April 27, 2017 10:04 AM To: Boyer, Janet; Weimer, Judy Subject: FW: 23-15 - Cleveland - Lawndale Pit - WRC Comments Attachments: 23-15 MP Lawndale Pit -First Broad Renewal WRC Comments.pdf From: Munzer, Olivia Sent: Thursday, April 27, 2017 7:35 AM To: Harris, Brenda M <brenda.harris@ncdenr.gci Cc: Russ, W. Thomas <thomas.russ@ncwildlife.org> Subject: 23-15 - Cleveland - Lawndale Pit - WRC Comments Brenda, Please see the attached comments. Let me know if you have any questions. Thanks. Olivia Olivia Munzer Western Piedmont Habitat Conservation Coordinator Certified Wildlife Biologist" NC Wildlife Resources Commission Sykes Depot, 2430 Turner Rd. Mebane, NC 27302 Office: 336.290.0056 // Cell: 336-269 0074 of ivia.mu nzerfibncwildlife.ore Email correspondence to and born this sender is subject to the N.O. Public Records Law and may bedi¢closed to third Parties C0 North Carolina Wildlife Resources Commission 9 Gordon Myers, Executive Director MEMORANDUM TO: Brenda M. Harris, Mining Program Secretary Land Quality Section 4 ) FROM: Olivia Munzcy Western Piedmont Coordinator (yG: Habitat Conservation Division DATE: 27 April 2017 SUBJECT: Mining Permit Renewal Application, Asphalt paving of Shelby— Lawndale Pit, First Broad River— Permit No. 23-15, Cleveland County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NC WRC) have reviewed the subject permit application. Our comments arc provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982) (G.S. 7446 through 74-68 15 NCAC 5). Asphalt Paving of Shelby, the applicant, is requesting a renewal ofa permit for mining sand in the First Broad River. The total permitted arm is 2.0 acres. Sand will be removed from the sand bar with an excavator, stockpiled on the sand bar and allowed to drained. Once the sand has drained, it will be moved by a front-end loader to the stockpile area to be loaded onto dump trucks. After the sand is removed from the stockpile, the area will be leveled and smoothed, mid other areas will be graded and stabilized, The channel banks will be restored to near natural conditions, as practical, and the site will be revegetated according the mining permit. No land disturbing activities will be conducted. Asphalt Paving of Shelby is requesting the renewal period of 10 years. First Broad River in the Broad River basin is classified as a Water Supply IV stream by the North Carolina Division of Water Resources. There are records for the federal species ofconcern and state special concern Broad River spiny crayfish (Camborus spicalus) in the First Broad River and Big Knob Creek. There are also records of the store significantly rare Pied moot shiner(Nolropis sp. cf. ddorvicepbalus) in First Broad River. Should permit be renewed, we offer the following recommendations to minimize impacts to aquatic and terrestrial wildlife resources. 1. Removal of sand/gravel from the sand bar should be accomplished during low river Bows when the sand bar is dry. This will prevent sedimentation ofthe river during materials removal. Mailing Address: Habitat Conservation • 1721 Mail Sery ice Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 • 0 Page 2 27 April 2017 Lawndalc Pit Permit No. 23-15 2. Non-native plants should be removed from the seeding schedule. Native plants are preferred and recommended for revegetation and reclamation activities. Bermuda grass, redtop, and species of fescue and lespedeza are invasive and should be avoided. NCWRC recommends an alternative mix of red clover, creeping red fescue, and a grain, such as oats, wheat, or rye. For riparian edges, we recommend planting disturbed banks with native plants like silky dogwood, red maple, silky willow, tag alder, black willow, sycamore, river birch, or other native woody species. 3. Sediment basins and stockpiles of aggregate materials should be located outside of the river buffer and floodplain. Stockpiling in this area will make these materials more readily available for transport into the stream during flood events. 4. The renewal period for the permit should be no more than five (5) years. Thank you for the opportunity to comment on this permit application. Further information on native plants and free technical guidance from the NCWRC, please contact me at (336) 290-0056 or olivia.nunizer a:ncwildlife.org. cc: W. Thomas Russ, NCWRC • II� Warer Resources ENVIRoeneln AL al1ALl1 r April 18, 2017 MEMORANDUM ROY COOPER GmerRr,r MICHAEL S. REGAN .Smwa„ S. JAY ZIMMERMAN Dnec „r TO: Ms.Judy Wehner RECER/ED Land Quality Section FROM: Michael l3auer� Ground Water Management Branch Division of Water Resources APR 18 2011 IJaNb UALITV MINING PROGRAM SUB.IBCT: Comments on the Mining Permit Renewal Request for: Asphalt Paving of Shelby, Inc. Lawndale Pit Cleveland County Please find attached a copy ofthe mining permit renewal request for the above referenced project. The Lawndale Pit located in Cleveland County does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. However, if the mine starts to withdraw 100,000 gallons per day of water, they will need to register their water withdrawals with the Division of Water Resources on an annual basis. The registration form may be obtained from the following link: http://www.ncwater.org/Perm its_ and_Regislration/W aler_ Withdrawal _and_Transfer_Registration. Facilities are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.221-I. This statute requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals_ This statue also requires transfers of 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 April 1 for the .previous year. I f you have further questions regarding the water withdrawal registration please contact John Barr with the Division of Water Resources at (919) 707-9021 or email him atjohn.ba"@ncdenr.gov. SaleofNaM Cm wa I Vowmm ml Vmliry l Wartr Rcw cs 161111 UJ ,,C n I Wlagly.YMh CwIma 176Y9 1611 9197019N0 �. ro- Energy, Minerat & Land Resources ENVIRONMENTAL OUALITY April 5, 2017 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris 'F�4F� Mining Program Secretary Land Quality Section ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director APR 7 Z017 SUBJECT: Mining Permit Renewal for Asphalt Paving of Shelby, Inc. DIVISION OF WATER REWCES Lawndale Pit Cleveland County ❑ Mine Dewatering Proposed © No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by April 28, 2017 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments Cc: Mr. Zahid Khan Nothing Compares,-, State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mall Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 MINING � CHECKLIST FOR ROUTING / I D� Applicant's Name: P t t �/(f�L6L IC�•�.(�fy��'ectName: kA lArt (fA , Applic./ Permit /Not- fU jrfCm wt : 'l Y/AtPI LNA ]I Date Receivek V I S- Revieacer: I t l� / sk, _Rim BaBasin Name: 11, n.%c ❑ New /LJ Rennaal ❑ Modification (inside permit boundaries) ❑ Modification(outside permit boundaries) ❑ Transfer ❑Release ❑ �.S() eJ Partial Release ❑ Additional Information ❑ Fee Needed: t 12 Fee R¢ceiced: f Pleas route entire appli ution package to: —1 !R' OffCe(itfti*1oC)Moraehthe"LQS Refiond OB6 Mvdns AppRmtim Resew Chamisemmmeopymdaraehhotkda UAn IteM /ppplimtim Revenue Fmrn"to the other c", and bath copes to the Regions Engineer) Date: Rowed-4. - lL-d i he'd U - f7-- 1 % Nu �]i�DioisionofWaterResources Darr. Routed Reed � NC Wildlife Resources Commission Date: Routed Reed W ❑ US Fish & Wildlife Service Date: Routed Reed (Ody rem opp&asmaard modification requeas that old lmd to the pemat) . Please route first 3 pages of the application and any location maps to: ❑ Division of Parks & Recreation Date Routed Rec d ❑ NC Geological Survey Section Date: Routed Rec'd ❑ Division of Marine Fisheries Date: Rooted Ree'd ❑ Division of Soil & Water Conservation (plus LEA) Date: Routed Ror'd (Ordy aem applu storm ad mdi ficatiov requests that add Imd to the pemnt) ❑ Division of Archim d7 Histi y Date: Rotted Rm d (Wy net' appfirmm) ❑ Other: Date: Routed Rod ** Suspense Date for Comments: 1 (ro later than z9 days from receipt) ❑ Please rote the following: j Q' Urp/.11.G' N�6_rROY COOPER op�v WILLIAM G. ROSS, JR. Anirg $aremry Energy, Mineral and Land Resources TRACY E. DAVIS ENVIROMngx7u ounurr prt[ror April 6, 2017 MEMORANDUM TO: Ms. Andrea Leslie Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris7i��k Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Asphalt Paving of Shelby, Inc. Lawndale Pit Cleveland County Please find attached for your review a copy of the mining permit renewal request for the above Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2). Please respond by April 28, 2017 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these types is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Jbmh Attachments cc: Mr. Zahid Khan S,me nrNe C=bne I Enwo,unen,il (N li I fiwU, Mne,el end land Rmm 1612 Nail$ = Cenv 1512 N. Wubu St. I Rakigh, NC 276" 919707930J T 4 i ROY COOPER Governor .s +, a MICHAEL S. REGAN secretary Energy, Mineral & TRAGY DAV IS Director Land Resources April 6, 2017 ENVIRONMENTAL QUALITY MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Asphalt Paving of Shelby, Inc. Lawndale Pit Cleveland County ❑ Mine Dewatering Proposed © No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by April 28, 2017 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments Cc: Mr, Zahid Khan Nothing Compares.` State of North Carolina 1 Environmental Quality I Energy, Mineral and land Resources 512 N. Salisbury Street 1 1612 Malt Service Center I Ralclgh, North Carolina 27699-1612 919 707 9200 Wehner, Judy From: Wehner, Judy Sent: Wednesday, April 05, 2017 3:35 PM To: Johnson, Alan cc Khan, Zahid; Eplin, Tamera Subject: 23-15 DWR REVIEW SHEET 2013 Attachments: 23-15 DWR REVIEW SHEET 2013.doc Here is the review sheet for the renewal of the Lawndale Pit In Cleveland County. Print this fomr to PDF Rati m PDF of this form to DEMLR CO by email cc DEMLR RO, DWR SPD. Send a copy to the ➢emtiffee. MINING PERMIT APPLICATION 14VIEW FORM for the DIVISION OF WATER RESOURCES Project Name Lawndale Pit DEMLR Permit # 23-15 County: Cleveland Applicant's Email: We PERMIT ACTION TYPE: Renewal YES NO Date Commencing rr I—c Have land disturbing activities started? Date? r r r r 1998 Latitud 35.41760 Longitude:-81.66239 Please return comments to (at DEMLR CO): Judy Wehner SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine. Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 401 Wetland Cert. required? 401 Wetland Cert. existing? r r Permit#_ r r_ Does DWR RO have enough information to determine if a 4041 certification is requiredf? — Is an O & M Plan needed? YES NO Are wetlands disturbed at this site? r r r! Does DWR RO suspect or know of nearby F r r r wetlands to the site? — r IJD Is a wetland delineation required prior, to rr%][ ors' ltant Ir rr_ RWRissumgthepermiG7 - rQnsitUR Pa" samomna,>mn Pant this mmr to PDF Retum POF of this form to DEMLR CD by email. rs DEMLR Rid, DWR SPU. Send a copy to the peimiftee. A1111111h- Stream Determination Needed? ,Stream Determination Completed? - .:'ILI_ Does DWR RO need a statement that no wetlandslstreams are disturbed r( r( for this project from applicant? _Buffer Detirmination'Needed? „r (_ - " � f r_ Buffer Determination Completed? r( r( -Recycle•systempermitekisting?• '.L-Tennit;r(— New Recycle System permit required?' r ( (- Enough information to determine? — Non.discharge;permd existing? Permit #' . - r (— " _ , r(Unknown. Will wastewaters discharge to HOW waters 7(7010 Permittee with a 7010=0? I-( Flow: — must determine. Has Violation .. r ( O&M Requirements r ( HOW/7010iConcerns ` requve DEMLR to �fioldlthe r ( Pa back fees orrenewDgesjDWR y I .t hpermit (e g so DWR eon.review itfurtheror. DWR-:permit, 0Other. r fbecause•DWR requiresmore information)? •: • � Please describe the reason to , � • ° hold the: permit: 4' I t •:,..i.. .. •RO contact it . ,t Mine must wait to dewater until an O&M plan is I- ( t- ( approved? Reviewed by: DWR RO Surface Water:_ Regional Office: — Date: _ RO Aquifer Protection Section: — Regional Office: — Date: RPv aPnrmhPr en m ,APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Lawndale Pit County Cleveland River Basin Broad River RECEIVED Latitude (decimal degrees to four places) 81-33--30 APR 0 5 2017 Longitude (decimal degrees to four places) 35-24--55 LAND QUALITY MINING PROGRAM 2. Name of Applicant* Asphalt Paving of Shelby. Inc 3. Permanent address for receipt of official mail"• PO Box 1526, Shelby, NC 28151 Telephone (704 ) 739-4568 Alternate 4. Mine Office Address 124 Lona Branch Rd, Kings Mountain, NC 28086 Telephone ( 704 ) 739-4568 5. Mine Manager Don Dedmon We hereby certify that all details contained in this Permit Application are true and correct to the but of our knowledge. We fully understand that any wi in misrepresentation of facts will be cause for permit revocation. i ***Signature Date Print Name Donald G. Dedmon, Jr Title Vice President • This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. •• The Land Quality Section most 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 is complete application or, if a public hearing 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. -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 L Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit' fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres Acres leased: Property owner if leased: ® If this is an application for RENEWAL of mining permit, indicate the mining permit numberand the total (overall) acreage covere�y tCre existing permit: Mining Permit No.: 23-15 Total permitted acreage (this is the acreage that the "renewal' fee will be based upon): 2.0 ❑ 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: Doe 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 (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 ofamining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Natural Sand 3. Mining method: eHydraulic Dredge e Front-end Loader & Truck ❑ Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain): Excavator and Truck 4. a. Expected maximum depth of mine (feet) 15 ft Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Depth is relative to the existing river bed. b. Expected average depth of mine (feet) -3- APPLICATION FOR A MININIPERMIT 0 Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? Asphalt Paving of Shelby, Inc 6. Number of years for which the permit is requested (10 years maximum): B. MAPS 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 maps, in addition to six (6) conies 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, 5th Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 httv://oortal.ncdenr.orv/web/Ir/v-eolouical 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.nedot.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. 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 -4- APPLICATION FOR A MINIPERMIT the mining permit boundary, must be provided on the mine map. - 5 - APPLICATION FOR A MINAPERMIT O 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 G. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres I inch = 100 feet 200+ Acres I inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -6- APPLICATION FOR A MININIPERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/baul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 0 Stockpiles 0.13 Wastepiles 0 Processing Area/Haul Roads 0.23 Mine Excavation 1.3 Other (Explain) 0 Total Disturbed Acreage 1.66 NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -7- APPLICATION FOR A MININIPERMIT C. PROTECTION OF NATURAL RESOURCES 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 area to be mined is a natural sand pit. During a storm event sand is deposited in the natural bend of the river creating a sand bar. An excavator is used to remove material from the sand bar which is then stockpiled on the sand bar and allowed to drain. Once the sand has drained the material is moved by a front end loader to the stockpile area from which it is loaded on dump trucks to be hauled away. Due to the limited size of the area this is a daily operation where material removed from the sand bed is hauled off as soon as possible. 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. The existing operating plan of constructing the safety berm required by MSHA along the sand bar during operations also seconds as the primary ESC measure has proven to be effective in mitigating any concern and will be followed as such. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No®, if yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? Yes ❑ No Z. 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). c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ❑ No Z. If yes, do you intend to dewater the excavation(s)? Yes ❑ No ❑. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwatcr, 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 operation lies in a capacity use area and withdraws more than 100,000 gallons per day. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No ®. 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. -s- APPLICATION FOR A MINAPPERMIT b. How will dust from stockpiles, haul roads, etc., be controlled? Excessive amounts of fugitive dust will be controlled by wetting appropriate working areas, adjusting operational activities, controlling traffic volume and speed, or other similar means. 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. Vegetative buffers have been established between the mining activity and the mining permit boundaries which will not be disturbed. 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 twenty five foot buffer will be maintained between the mining activity and mining permit boundaries. 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). No land disturbing activities will be conducted. No wetland areas will be impacted by the mining process. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to l 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. Mining activities will not extend close enough to adjoining permit boundaries to cause any landslides or slope instability. b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Crass -sections far all cut slopes must be provided on the mine map(s). -9- APPLICATION FOR A MININPPERMIT O 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 ofthe 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 ifthey are within 300 feet ofany proposed excavation. Mining activities will not extend close enough to any neighboring structure to cause any physical hazard. S. 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 etaiUcross-section and location of each type of barricade to be used most be indicated on the mine map(s). There will be no high wall. 9. Are acid producing minerals or soils present? Yes ❑ No Z. 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, budding berms or other measures. Show the location ofa/l visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Existing vegetation in buffer zones will remain. 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? None 11. Will explosives be used? Yes ❑ No R. 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 o site occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate istance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No Z. Ifyes, describe these materials, how they will be stored and method ofcontainment in case ofspill. Indicate the location(s) ofall storage facilities on the mine map(s). to- APPLICATION FOR A MINI PERMIT O D. RECLAMATION PLAN l . Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. After the sand is removed from the stockpile area, the area will be leveled and smoothed to prevent pooling. Other disturbed areas will be graded and stabilized, and the channel banks will restored to as near the natural condition as practical. 2. is an excavated or impounded body of water to be left as a part of the reclamation? Yes ❑ No E. 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 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 E. If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. NIA — unconsolidated materials 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 locutions for such areas must be provided on the reclamation map. This mine does not generate on -site wastes. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. Stockpile and other working areas shall be leveled, smoothed and revegetated as necessary. The access road shall be stabilized and revegetated as necessary. b. Will any on -site roadways be left as part of the reclamation? Yes ® No ❑. If yes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. APPLICATION FOR A MININPPERMIT Industrial wastes will be disposed of offsite. 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for ear -round seedin , including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): 2000 lbs./acre or follow recommendations from a soil test. FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 1000 lbs/acre 8-8-8 or 10-10-10, or follow the recommendations of soil test. SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Korean Lespedeza 15 Feb — 1 April Fescue Redtop Winter Rye (grain) Common Bermuda 1 April — 31 July Lespedeza (unscarified) 1 Aug — 25 Oct German Millct Rye (grain — temporary) 25 Oct — 15 Feb Seeding Rates: 10 lbslacre 40 lbslacre 1 lbslacre 15 lbslacre 50 lbslacre 30 lbs/acre 40 lbslacre 120 lbslacre MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: All seeded areas shall be mulched using small grain straw at a rate of 2000 lbslacre and anchored using emulsified asphalt tack. OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): NIA -12- APPLICATION FOR A MININP PERMIT Revegetation and/or reforestation plan approved by: Signature Print Name Title Agency Date -13- APPLICATION FOR A MINING PERMIT O E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a to og$500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by apartment to be affected during the life ofthe miningpermit. Please insert the approximate acreage. fore AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. _ $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: Ac. X $ /Ac. _ $ Mine Excavation: Ac. X $ /Ac. _ $ Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: Ac.) Tempera" & 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/orb) affected acres that will be graded for positive drainage where measures will be needed to prevent offshe sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (1 to 10 years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST+ INFLATION COST = $ Total Reclamation Bond Cost: $ (round down to the nearest $100.00) 14. APPLICATION FOR A M1NINPPERMIT 4) 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(b1). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -is- 0 0 NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that has applied on (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine on acres located (Mineral, Ore) (Number) (Miles) in of off/near road (Direction) (Nearest Town) (Number/Name) County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bI), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed minine activity, please contact the applicant at the following telephone number: . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. 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 and Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) (Name of Applicant: Include Contact Person & Company Name, if Applicable) (Address of Applicant) -16- APPLICATION FOR A MININ'C PERMIT o AFFIDAVIT OF NOTIFICATION I, an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly swom, do hereby attest that the following are al] 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 thatnotice 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) (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) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an atining 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]) and 15A NCAC 5B.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Title of person executing Affidavit Notary Public of the County of State of North Carolina, do hereby certify that appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal, this day my Commission expires: 17- APPLICATION FOR A MININ& PERMIT O G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: .';l' .iaal lqoq�t Signature:* Print Name: Richard Hord (Title, if applicable) Company (If applicable) Address: PO Box 23 Lawndale, NC 28090 Telephone:(7vy ) 53k-pia./� Date Signed: G>rr-I xQ Walol Print Name: Donald G Dedmon, It Title: Vice President Company: Asphalt Paving of Shelbv, Inc. Mine Name: Lawndale Pit Telephone:( 704) 739-4568 Date Signed: Oy 493 % 1,011 *Signature must be the same as the individual who signed Page I of this application. One orieinal and five (5) conies of the completed application, six (6) conies of all location mans, mine mans and reclamation mans, and the appropriate Processing fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. APPLICATION FOR A MININGORMIT MINING FEE SCHEDULE 0 Anon refundable permit application processing fee when filing for anew mining permit, a major permit modification or a renewal permit is required as follows: 0-25 acres 25+acres New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $1,000.00 Permit Renewals $750.00 $1,000.00 Transfers/Minor Modifications* $100.00 $100.00 * A nonrefundable $100.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers, name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major permit modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by 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. -19- APPLICATION FOR A MININCORMIT • There are seven Land Quality Section (LOS) 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, Hamett, 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, Stately, 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, Berne, 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 -20- APPLICATION FOR A MININGORMIT 0 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, 910.350.2018 Winston-Salem Regional Office • Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, Surry, Watauga, Wilkes, Yadkin • Address: 585 Waughtown Street, Winston-Salem, NC 27107 • Voice:336.771.5000 FAX: 336.771.4631 -21 - APPLICATION FOR A MININGIORMIT 0 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/Sill imanite/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) $18001ac. $2000/ac. $1800/ac. $5001ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, M1, 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) Tl, 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 513.0003, 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, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING. AS A MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATIONIPERMIT 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. -22- Disclaimer The information cornained on this page is NOT to be construed or used as a survey or Approa, Scale 1:12243 legal description. Map information is believed to be accurate but accuracy is not guaranteed. 0 0.2 mi 0.4 mi Layer: Parcels SEQNUM: 71802 OwnerZip: 28090 Ownerl: HORD RICHARD S SR ParcelAddr: 209 E MAIN ST Owner2: 14ORD BETTY L DeedBook: 1648 DeedBook_P: 1648-10Z5 DeedPage: 1025 Deeded—Acr: 4.81 MapNo: L 2 Tax_Distri: 9 Block: 2 PIN: 2631668367 Lot: 13L NeighCocli 191 LanclArea: 4.81 Use_Code: R LandValue: 26442 SUM_Calcul: 5.94442076 Bldg Value: 7800 ParcelNo: 71802 AdjValue: 34242 OwnerNamel: HORD RICHARD S TwYear. 2017 OwnerName2: HORD BETTY L ParAddr. 209 OwnerAckli 422 CASAR LAWNDALE R ParDirPret E OwnerAddr2: LAWNDALE NC 28090 ParRdName: MAIN OwnerCity: LAWNDALE ParRdType: ST Owne state: NC Shape.STArei 258932.49859619 Attributes at point: 1236864, 616376 Layer: Zoning Layer: 2000 Census Tracts Class: Municipal Zoning Census Tract: 950200 hftov/ w.weogls.nWCammmjxiNare 1n 4/3/2017 0 Municipality: Lawndale Layer: NC House and Senate Districts Senate: 46th Senate Legist: 1 11 th House Cleveland County, NC WebGIS 0 Layer: School Districts Elementary: FALLSTON ELEMENTARY Intermediate: Middle: BURNS MIDDLE SCHOOL High: BURNS HIGH SCHOOL Layer: Flood Zones Layer: Voting Precincts Grid: 2631 Precinct: Lawndale Panel: 3710263100J Voting Site: Lawndale Community Center Building Layer: Fire Districts Layer: Watersheds District: Lawndale Zone: WSIV Layer: Jurisdictional Limits Name: LAWNDALE hftps:l/www.webgis.net/CommorVprint.php 212 C7 rl SECTION A e A° (NOT TO SCALE) PERMITTED AREA 100 YEAR FLOOD VEGETATIVE LEVEL ZONE- 6 - ®' TOCKPILE AREA C k SPSTRAC IIII Il ul I II IIII IIII I IIII I II II I PPS S9NO G-10 Pa10 9590 9402 1462 5329 5396 29 United Stales • Senaer Pleasa pent yi Postal Service Of Shelby* Im. P.O. Box 1526 Shelby, W 28151-1526' • B mplete Items 1, 2, and 3. ■ Print your name antl address on the reverse so that we can return Me card to you. • Attach this card to the back of the meilpiece, Article Anmessea TO: 0. a aalw� aaarew; dthaxA rmm�lt V U%E nYB �YVbdrCMMm �v: Dow R, .,..1 gv"C& �- ZD4 E IA�^ AUG 29 Z017 la mlole., kLC 25sl D LANDaUAury 00 nOAKA 9590 9402 1462 5329 5398 29 2 Mticle Number.lf2nefarfibm servka lebell. 7015 06.40 .0005 2817, 2918! PS Fom13811, Jury 2015 PEN 1530-000-80s0 0omesac Return Receipt ldress on the nmmmse he card to you. back of the mallpiece, (sra.,ovof�(.4- G�i 0 AUG 292017 LAND QUALITY MINING PROGRAM M. 3. Serv6'e TYPe QF IAW� °OF ie19�mw— qi 9590940214625329539812 °^L1Pghk^a D6A"t' °w�awrgrw °ee�.moee y m.e,e�ae. z. anaia woes p': rurbtrom erw<�me9 °cm.,aa.wnr a..mamo+�w osia�mncaa,,ma� ..,..w.eew °s�n�eeameu�we 7015 0640 0005 2817 2992 � " mohdpe°°°'"" sscm 'S Form 3811, July2015 PM )530-02030A053 Owiatic Felon flxeipt IIIII III III�III illl I II II I Pa�it No Gia Paid 9590 9402 1462 5329 5398 12 United Slates Postal Service your name, Paving of Shelby. In* P.O. Box 1526 Shelby, NC 28151-1528 P�IId^��I��dingrlPm�m�r^�IdIIPI�p�ep�i�m�pi • Complete items 1, 2, arW J. ■ Print your name ara address on the ievetse so that we can realm Ore card to you. • Attech this cad to the back of the mallpiece, 6094 &4,71- A` <dl: I lei N lOV� Lti k(C 2AIF sc� III II'I� III IIIIIII IIIIIIIIIII III I III 9590 9402 1462 5329 5397 99 7015 0640 0005 2817 3012 PS Form 3811, July 2015 MN 7530-02-0 9053 o Agent It YES, emer ENiveryrw,eelpw 1 1p No wi; 292D11 o kre maw ❑Nn Me Mal PWlctw 0R MP Pth Mm Md'w'. oshmmmcanr um" csk�tum w,r� PmNnN cxw y jI �ffjj �. 11111III IIIII III I II II ( Po kNo G-OPaitl \I 9590 9402 1462 5329 5397 99 I United States Postal Service Paving of Shelby, Ind. P.O: Box 1526 Shelby, INC 28151-1528 I [III IIll vp*,IIIIIi„d,IPIll III h6ipnd�„h G Mplete me reverse yeu. ie mEilpixe, t3Z Alas AUG 29 Z017 D QUALITY n(L' ? � LAiVr-OPQrR IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 9590 9402 1462 5329 5397 82 �_amcle nun�eer (fraute7ewn,mrv4e emq _ 7015 0640 0005 2920 0107 is Femt 3611, July 2015 PSN 7W3 2-0 0-iiiM a pmi iM O ROMiW Mal Pmbl G 0 iiiisb N&umP aipt 9590 9482 1462 5329 5397 82 United States • Sender. Please print your name, address, and ZIP+40 in tiis box• Postal Service A�pheR PavMq dBlrby,• Ina P.O. Box 15261, Bheft MC 28151-166 t, r6411d��1il11iII���h�Ill���9��l�hlilhlh�4dr�d�hhll. e I ..�_,.ea LL f� 0 1 ,.m Ntq.er✓ ,� -~'i f'ii®�®�liflgg;�yy� Ir q .y 9CF �3lgti[.i �f=i i,nE{i� Fig..Epp it Fr Liss L \ / � � 53 efl [Ei RR I Tr � S C r g � jam` . � �; �-, � €`fie ➢ � . North Carolina Department of nvironment and Natural Resources, Division of Energy, Mineral, and and Resources, Land Quality Section MINE INSPE N PERMITTED MINE SITE TION REPORT ❑ UNPERMITTED MINE SITE 1. MINE NAME: Lawndale Pit 2. MINE LOCATION: 35.419.-81.5637 3. COUNTY: Cleveland 4. RIVER ASIN: Broad 5. CASE: 6. OPERATOR: Asnhalt Pavine of Shelbv Inc. 7. ADDRESS: Attention: Donald G. Dedmon Post C ffice Box 1526 Shelby, North Ca 8. MINING PERMIT #: 23-15 ❑ NIA 9. P E RUMIT EXPIRATION DATE: 10. PERSON(S) CONTACTED AT SITE: . Ken F nnin I L PICTURES? ❑ Yes JZNo TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine ites) 1. Size of affected land: ac. (attach sketch neap) 2. How was this area mcasured? Measured by: NIA V.N . 4l%JUL1 nu xuaput'k uu t vl Aiskuu 174141c Ui 71 C. Follow-up Inspection 13. Date of last inspection: 1 1/26/2013 14. Any mining since that date? N Yes ❑ No ]"Yes, confirmed they have mined since the last inspection. -Va) cite evidence of such mining activity: Mr. Fannie 15. Was mine operating at time of inspection? Lj Y s M No If yes, explain: 16. Is the mine in compliance with the Operating C 11' no, explain: nditions of the Permit? ® Yes ❑ No ❑ N/. 17. is the mine in compliance with the Reclamation If no, explain: 'onditions of the Permit? ❑ Yes ❑ No N N/. _ N-A 9 k k 15. is there any on -site aatnager A. lJ xes D. LJ i If A, describe the type and severity of the clarnage: o U. L�Nj None oDservea _ If B or C, is there potential for offsite damage? ❑ Ye N No Explain: 19. Corrective measures needed and/or taken: 20. Other recommendations and comments: This n have submitted a renewal permit please disregard this col ine appears to have a permit expired in 06/06/2016 if you rnent if not we highly encourage you to do se as soon as possible. Please send the 2016 annual reclamation report to the cen al office. 21. Is the A 22. Follow-up inspection needed? LJ Yes BSI No 23. No. of additional pages of Inspection Report INSPECTED BY: Telephone No: _ Proposed date 24. Copy of Report sent to operator DATE 03/13/2017 Copy to Cie Copy to operator' ' Copy to Mining Specialist Energy, Mineral Land Resources ENV IRON n aM AT QUA utY ROY COOPER e vrnor MICHAEL S. REGAN see dary TRACK DAVIS orreom March 16, 2017 Asphalt Paving of Shelby Inc. Attention: Donald G. Dedmon Post Office Box 1526 Shelby, North Carolina 28151 RE: Lawndale Pit (Permit # 23-15) Cleveland County, North Carolina. Dear Mr. Dedmom Attached is a copy of our report documenting an inspection recently conducted at a mine site for which our records show you to be responsible. The inspection was performed under the provisions of North Carolina General Statute 74-56 of the Mining Act of 1971. Please review the report carefully and note any problems or deficiencies documented by the inspector. Furthermore, please note any recommendations and/or specific corrective actions required to correct any deficiencies that may be listed. The responsibility for understanding and complying with the terms and conditions of your mining permit and the Act lies with you. Please do not hesitate to contact this office if you have any questions concerning the attached report. Your cooperation is appreciated. Sincerely,/�/ C wJXI Ousmane Sidibe Assistant Regional Engineer RECEIVED Attachment cc:Manet-BoyerpPE, CPM, State Mining Specialist ''"' 2 Q 2011 LAND QUAL1Ty SID/cys MINING PROGRAM nothing Compares� Start of North Cerehna I EnvironmemyI Quality I Energy, Mineral and Land Nesourcos Moorez.ille Mgional U(fiu WOERv Center Avenue Sulre30r I Mooresville NC 2N'd5 !09 6631699 r� U 9 North Carolina MEMORANDUM TO: Brenda M. Harris, Mining Prol Land Quality Section FROM: Ron Linville, Regional Coords Habitat Conservation Program DATE: September 30, 2010 SUBJECT: Mining Permit Renewal Apple First Broad River, Permit No.: Resources Commission Secretary , Asphalt Paving of Shelby — Lawndale Pit, Cleveland County This correspondence responds to your regv s[ for our review of the referenced mine permit modification. These commerds are provided accordance with certain provisions of the Mining Act of 1971 (as amended, 1982; G.S. 74-46 t ugh 74-68; 15 NCAC 5) and the North Carolina General Statutes (G.S. 113-131 et seq.). The mining operation is requesting to rene their per ' for a five (5) year period. It is our understanding that this mining occurs on an tive floodplain sandbar or floodplain bench and that no land disturbing activities occur d May through July. No additional modifications appear to be indicated for the site. Providing that the above information is The following recommendations are prc 1. Due to potential public trust issues, years. 2. Removal of sand/gravel from the pob when the sand bar is dry. This will removal. we will not object to the issuance of the permit. your consideration as permit conditions: permit should be renewed for a period of two (2) should be accomplished during low river flows :nt sedimentation of the river during materials 3. Existing natural vegetated buffers sho not be disturbed During any new land clearing activities, woody debris (slash or lar trees) removed during development of the site should be placed along the outer Am ile/compost area construction limits in the form of brush piles and downed logs to prov a cover and nesting habitat for wildlife. These should be placed so they will not be so 'ect to floodwater disturbances. Address: Division ofIn6nd Fisheries 11721 Mail Service Center • Rah Telephone: (919) 707 220 • Fax: (919) 707-0028 Asphalt Paving of Shelby —Lawn& Pit 0 September 30, 2010 4. Should any stream relocation activities the -art bioengineering techaiques. Ch must be obtained from the US Army t Quality prior to any channel relocation. stream relocation. Where practicable, 1 established for intermittent channels buffers should be established for perem 5. Any stream crossings necessary shot preferred over culverts and pipes. Cul• foot into the streambed. Culverts less equal to or greater than 200/u their measurements must be based on naturs 6. Stringent erosion control measures maintained until project completion. 7. Non-native plants should be tern( preferred and recotnmended for r edges, we recommend planting de silky dogwood, red maple, silky wi other native woody species. The revegetation activities. Attachment: Seed Mixes for Revegetatibg Cc: David Dedmon, Sr. Lawndale Pit Manager 124 Longbranch Road Kings Mountain, Nord ;omc necessary, relocations should use state -of - Water Act 404 permits and 401 certifications ps of Engineers and the NC Division of Water ative riparian plants should be incorporated into (50) foot undisturbed natural buffers should be I one hundred (100) foot undisturbed natural streams. d provide for aquatic life passage. Bridges are arts 48 inches diameter or larger should be buried a tan 48 inches diameter should be buried to a depth size to allow for aquatic life passage. These thalweg depths, be installed where soil is disturbed and from the seeding schedule. Native plants are :tation and reclamation activities. For riparian d banks with autochthonous (native) plants like tag alder, black willow, sycamore, river birch, or :hed plant recommendations may be useful for r 4. Sites Asphalt Paving of Shelby — Lawee Pit -Page 3 - Seed Mixes for Reve etating Basic Mix September 30, 2010 Disturbed Sites Oats (Mar -Jun), Wheat Jul -Nov , or Rye Grain ( cc -Feb) 1-2 bags / ac $ 5-10 bag Red Clover Tri olium ratense 10 lbs / acre $ 3 fib Creeping Red Fescue Festuca ruhra 20 lbs I acre $ 2-3 I lb -The Basic Mix can be sown on disturbed sites in spring or fall seeding will result in a better stand. Mix. The cover crop grain & legurne provide rapi These components can be obtained locally. - Grains like oats, wheat, and rye may be sold by To simplify things, this mix recommends I — 2 B mix, i bag or about 50 — 60 lbs per acre should b conditions warrant, increase grain amounts to 10 -The perennial grass will establish within the G red fescue has a wide range of adaptation when fills, and other disturbed areas; and for stream a and is drought -resistant after establishment. For permanent seeding of harsh dry sites, Hard F. brevivila (svn. trachvnhvlla) can be added to the Application Notes -Disturbed sites with loose soils can usually be soon as the other work is completed. - Where necessary, prepare seedbed with conv surface can be bladed and then tracked with a for slopes where equipment access is difficult. ie mountains and upper piedmont year round but is important to use all of the components of the Basic green -up while the creeping red fescue is developing. might (pounds) or by volume (bushels). ,GS of grain rather than pounds or bushels. With this adequate for most sites, but where slope or soil -- 120 ft (use 2 bags), year and is the key to good site stabilization. Creeping �d for erosion control along roads and highways; cuts, channel bank stabilization. It thrives in sun or shade, Festuca 10 lbs / acre $ 31 lb Mix without extensive seedbed preparation if seeded as onal farm equipment (tractor and disk), or the soil dozer. Hydro -seeding can be used with the Basic Mix - Red fescue is adapted to sandy and acid soils s extensive soil amendments are usually not needed. On poor and subsoil sites, a low nitrogen fertilizers h as 5-10-10 may be required, if required, apply any necessary soil amendm - The larger cover crop grains can be sown sep from wildlife such as turkeys and doves. -The rest of the seed mix should then be sown, into the soil than to try to cover it. - Culti-pack conventional seedbeds to ensure g own from rainfall. then drill or broadcast the seed mix, first and covered lightly to prevent loss of seed not covered with soil. It is better to firm the small seed seed -to -soil contact. Tracked sites will fill in on their Asphalt Paving of Shelby — Law& Pit -Page - � September 30, 2010 - Apply straw mulch at a minimum of 15 bales p acre to help enhance soil moisture as well as hold the soil in place until the seed germinates_ Use higher ales as site conditions warrant_ - If the site calls for it, natural fiber matting is r strands of plastic that can entrap small animals. - Monitor the site until the perennial grass compc are short-statured and will not require mowing. T eventually yield to developing successional speci - Native wildflowers and grasses can be added to provide food and cover for wildlife such as deer, native species that are reasonably priced as native the tables, with the more challenging species tow reputable seed dealer. For sources, refer to Wiidl - Mixes with native seed can be culti-packed or not recommended. Mixes with mainly wildflowi Note - when adding native Panicum grass seed„ the seed to cool, moist soil conditions necessary months may delay Panicum germination until th interim. - For information on each native species listed name in the search box. Note - adding natives good wildlife habitat. Frequent mowing destro few years, in late winter, only if absolutely net Native s ties for dry sites — add to Basic over plastic matting or matting that contains it is fully established. Mature stands of the Basic Mix seeded mix should persist for many years, but will ,e Basic Mix to beautify and diversify the site, and rkey, quail, and songbirds. The following lists contain go. The easy, proven performers are listed at the top of ds the bottom. These seeds can be ordered from a Seed List at icked in with a bulldozer; hydro -seeding is apparently can be sown in early fall. ►w the mix in late fall, winter, or early spring to subject break seed dormancy. Sowing during the warmer following year, and some seed may be lost in the re, visit htip://plants.usda.gov/; type in the scientific 1 increase the height of the resulting stands, providing food & cover and is not recommended. Mow once every -ary to remove encroaching woody vegetation. at 1-2 lbs / acre Black Eyed Susan Rudbeckia hirta $ 16 / lb Showy Partridge Pea Chamaecrista (Cassia) a iculata $ 14 / lb Lanced -leaved Coreo sis Coreo sis lanceolat $ 141 lb Switch ass Panicum ! alum `Blackwell' $ 8/lb Big Bluestein Andro a on gerardii, $ 10 / Ib Pur le Coneflower Echinacea ur urea $ 20 / I Deertongue Dicanthelium Panicum) clandest um `Tio ' $ 12 / lb Nativespecies for damp sites— add to Basic I lix at 1 lib / acre Showy Bidens Bidens aristosa $ 16 / lb Black Eyed Susan Rudbeckia hirta $ 16 / lb Showy Partridge Pea Chamaecristo Cassia iculata $ 14 / lb Pennsylvania Smartweed Polygonum pen 1v icum $ 16/lb Switch ass Panicum vir alum `Cave -in -Roe ' or `Kanlow' $ 9/lb Smooth or Fall Panic ass Panicum dichoto orum 10 / lb Beaked Panic ass Panicum antes $ 16/lb NCwRMO i 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist June 6, 2011 Mr. Donald G. Dedmon, Sr. Asphalt Paving of Shelby, Inc. PO Box 1526 Shelby, North Carolina 28151-1526 Re: Permit No. 23-15 Lawndale Pit Cleveland County Broad River Basin Dear Mr. Dedmon: Beverly Eaves Perdue, Governor Dee Freeman, Secretary Your application for renewal of the above referenced mining permit has been approved. A copy of the renewed permit is enclosed, The new expiration date is June 6, 2016. 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. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 6B, 7, 13, and 16. As a reminder, your permitted acreage at this site is 2.0 acres and the amount of land you are approved to disturb is 1.66 acres. The reclamation bond was calculated for this site using the information submitted on the mine map dated April 8, 2011 and in the documents associated with your renewal request. The reclamation bond for this site has been calculated to be $1,400.00. The Assignment of Savings Account currently on file for this site is in the amount of $2,700.00. Therefore, you may wish to reduce this reclamation bond to the required $1,400.00, or retain the bond in its current amount. It has come to our attention that certain waterways in permit application area may be classified as public trust waters held by the State of North Carolina for the use and benefit of the people of the state. We are working with the State Property Office and Attorney General's Office to determine which waterways would be included. Once the determination is made as to what waters are Public Trust Waters, applicants and permitees may be required to obtain approval from the State Property Office to mine the bottoms of these waterways. 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:htlp:llwww.dlr.enr.state.nc.uslpagesllandquaiitysection,html An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled / 10% Post Consumer Paper Mr. Dedmon Page Two Please review the renewed permit and contact Ashley Rodgers, Assistant State Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincerely, Janet S. Boyer, PE State Mining Specialist Land Quality Section JSB/ar Enclosures CC' Mr. Zahid Khan Ms. Shannon Deaton-WRC, wlenclosures 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: Asphalt Paving of Shelby Lawndale Mine Cleveland County — Permit No. 23-15 for the operation of a Sand Dipping/Sand Bar Removal Operation Which shall provide that the usefulness, productivity, and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: June 6, 2016 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 the 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 Whenever 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 July 13, 1988: This permit has been modified to allow the use of a dragline as outlined by the modification request dated June 24, 1988. November 15, 1995: This permit has been modified to delete Operating Conditions Nos, 6B, 7A, and 7B as these conditions are not applicable to this site. Expiration Date This permit shall be effective from the date of its issuance until June 6, 2016. Page 3 Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 7446, 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. The channel of the waterway shall not be diverted, constricted, or widened. B. No mining shall occur beyond the centerline of the First Broad River. C. Stockpiles shall be removed daily from the point bar to prevent flooding and sedimentation of the river and adjoining properties. 4. Any mining activity affecting waters of the State, water of the U. S., or wetlands shall be in accordance with the requirements and regulation promulgated and enforced by the NC Environmental Management Commission. 5. A, No mining shall occur in the First Broad River between May 1 and July 31 of any year to prevent disruption of fish spawning activities. B. Removal of sand/gravel from the point bar shall only occur during periods of low flow when the sand bar is dry to prevent sedimentation of the river during material removal- Page 4 6. 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. Mining activities shall be conducted as indicated on the Mine Map dated April 8, 2011 and supplemental information received by the Land Quality Section on September 27, 2010, December 8, 2010, February 9, 2011 and April 25, 2011 with the following stipulation: that a minimum 25-foot undisturbed buffer shall be maintained along the riverbank, except in those minimal areas where access during the operation is essential. 7. All affected area boundaries on land (1.66 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 8. A. Riparian vegetation shall be planted immediately and/or maintained to stabilize any exposed riverbanks to prevent continued erosion of said riverbanks. B. No mining related disturbance shall undercut any riverbank. C. A minimum 25-foot undisturbed buffer shall be maintained along the riverbank, except in those minimal areas where access during the operation is essential (i.e. boat ramp, discharge pipes, etc.). At such access points, stabilizing roots and stumps shall not be removed or otherwise disturbed on the riverbank. 9. A. To ensure safety to boaters and others who may use the section of the First Broad River covered by this mining permit, signs shall be placed on the bank of the river at the upstream extremity and the downstream extremity of the sand removal operation warning river traffic of said operation. B. As river traffic approaches, the sand removal operation shall stop and allow the traffic to safely pass before sand removal is resumed. 10. 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. 11. 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. The following steps shall be taken at this mine site to ensure safety to boaters and others who may use the section of the river covered by this mining permit: Page 5 12, 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 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. 13. Sufficient buffer shall be maintained between any mining related activities and (other than the centerline of the river) any adjoining property line/permit boundary, right-of-way, bridge abutment or other structure to protect adjacent property. 14. An annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. Page 6 15. 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 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. 16. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $2,700.00 Assignment of Savings Account (of which $1,400.00 is required for this site) is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 17. 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. 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 grade and revegetate the disturbed land areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The river banks shall be restored to as near the natural condition as possible. B. Any processing, stockpile, and other disturbed areas neighboring the mine excavation, including the haul road, shall be leveled, smoothed and stabilized. Page 8 C. Compacted surfaces shall be disked, subsoiled or otherwise prepared before revegetation. 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.12.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: Dates Species Rate, Lbs/Acre February 15 — April 1 Korean Lespedeza 10 Fescue 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 lbslacre or follow recommendations from a soil test. Fertilizer - 1000 lbslacre 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 lbslacre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. Page 9 All disturbed river banks shall be planted with riparian vegetation. It is suggested that reed canary grass be sown at a rate of 15 lbs. per acre with a mixture of small trees (dogwood, black willow, alder and button bush) and large trees (red maple, green ash, sycamore, cottonwood, bald cypress, river birch and catalpa) planted on ten foot centers along the river bank for stability purposes. 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 (2) years of completion or termination of mining. This permit, issued April 22, 1998, modified July 13, 1988 and November 15, 1995, and renewed May 12, 1998, March 28, 2003, and October 29, 2008, is hereby renewed this 81" day of June, 2011 pursuant to G.S. 74-52. By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources • Complete Items 1, 2, and 3. Also complete A_ S1p Rem 41f Restricted DelWay Is desired. ❑ Aseat _ n Pried youi horse and address on the reverse X ❑ AdIXe so that we can return the card to you. e. M(Pnmm Hems) C. net of a Attach this card to the back of the mailpiece, 5 't 3 i or on the front ifspace ps"ft T✓�• 1. Article Addressed to: D. In dawry sedresa dXleremraf�m�m.flem.L2�1%•s tt YES, enter ddWary m@�pQ'ee>� MR DONALD D DEDMON " �',�,A ASPHALT PAVING OF SELBY INC c " a Y .PO BOX 1526 a,sgmmlypa .f �^ 'F.LBY NC 28151 neruAee MM ❑Eep .m �pMwetl Rstum Racelpt for MM wdlea' ❑ Irmuretl Mail C.0.D. 4. Raspkled DelveiR (Fraa fv4l ❑Yes - 2. P10ae Member__,_._._:' 7008 1300 0000 1126 7466 , PS Form MI 1, February 2004 Dmnesac ReMnRecelpt rotmess lw 6 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) I. Mine Name: Lawndalc Pit 2. Mining Permit 4: 23-15 3, Operator: Asphalt Paving of Shelby, fnc. 4. County: Cleveland 5. Address: PO Box 1526, Shelby, North Carolina 28151-1526 6. Permit Expiration Date: 6/6/2016 7. River Basin: Broad 8. Person(s) contacted at site: No one on site 9. Was mine operating at time of inspection? ❑ Yes M No 10. Pictures? ❑ Yes M No 11. Date last inspected: 4/l /2011 12. Has mining occurred since last inspection? M Yes ❑No 13. Is the mine in compliance with the Operating Conditions of the Permit? M Yes ❑ No If no, explain: \\\ 14. Is the mine in compliance with the Reclamation Conditions of the Permit? M Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes M No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: N/A 17. Other recommendations and comments: N/A 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) M Not Reviewed 19. Follow-up inspection needed? ❑ Yes M No Proposed date: 20. Number of additional pages of Inspection Report: 1 21. Date report sent to operator: 2/17/2012 Inspected by: Ryan Konnanik Date: 2/1412012 Telephone No: 704-663-1699 Copy to file Copy to operator Copy to Mining Specialist RECEIVE® FEB 2 2 2012 LAND QUALITY SECTION ALTU-IWA WA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Land Quality Section Beverly Eaves Perdue, Governor Director and State Geologist Asphalt Paving of Shelby, Incorporated Post Office Box 1526 Shelby, North Carolina 28151-1526 I2- Dear Sir or Madam: February 17, 2012 Lawndale Pit (Permit # 23-15) Cleveland County, N.C. Dee Freeman, Secretary Attached is a copy of our report documenting an inspection recently conducted at a mine site for which our records show you to be responsible. The inspection was performed under the provisions of North Carolina General Statute 74-56 of the Mining Act of 1971. Please review the report carefully and note any problems or deficiencies documented by the inspector. Furthermore, please note any recommendations and/or specific corrective actions regLtired to correct any deficiencies that may be listed. The responsibility for understanding and complying with the terms and conditions of your mining permit and the Act lies with you. Please do not hesitate to contact this office if you have any questions concerning the attached report. Your cooperation is appreciated. Sincerely, Ja -ies Moore Assistant Regional Engineer .IM/cys Attachment cc: —Mining -Specialist LEGEND PERMIT BOUNDARY EXCAVATION AREA STOCKNLEAREA — — — — RIVER BANK ®M .11w041., ER m[M.M9 3.00 DB BERM CROSS SECTION (BERMS CONSTRUCTED TO CONTAIN STOCKPILES) AFFECTEDACREAGE TABLE EXCAVATION 1.30ACRES STOCKPILE 0.13ACM HAUL ROADS 0.33 ACRES TOTAL DISTURBED AREA 1."ACBES mCNwO��EmLNwm i91-f 19A8171) 3.00 ` W. BERM CROSS SECTION (BERMS CONSTRUCTED TO CONTAINSTOCKPILES) AFFECTED ACREAGE TABLE EXCAVATION 190ACRES STOCKPILE 0.13ACRES HAUL ROADS 0.33 ACRES TOTALDISTURBEDAREA 1.66ACRES Rormlrw RIOMIA i AND HTIY L IIORO 1 91106R IM61i —9A0'— BERM CROSS SECTION (BERMS CONSTRUCTED TO CONTAIN STOCKPILES) AFFECTEDACREAGE TABLE EXCAVATION 1.30ACRE5 STOCKPILE 0.13ACRET HALILROADS 0.33ACRES TOTAL DISTURBED AREA 1.66ACRES PROrtYIYOf NLINNLIWO YLTIYLNOIm 111LIOR 4N11 MINE MAP. PERMIT �11%l p 14 K11 �I RSn.Bn A 03Phali Ravir)8 OShelby'lrr. (,awr>r]au Pit a3- )5 APPLICATION FOR A MINING PERMIT ap I I Q<nevva I E. DETERMINATION OF AFFECTED ACREAGE AND BOND Thefollowing 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 Ale Department to be affected during the life ofthe mining permit. Please insert the approximate acreage. for each AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: — Ac. -- X S /Ac. S Stockpiles: n•A Ac. X S)ROD /Ac. _ $ 039,�° Wastepiles: — Ac. X S /Ac. _ $ Processing Area/Haul Roads: 0.a3 Ac. X S /Ac. Mine Excavation: 1.30 AC. X $ /Ac. _ $ �D ir�•� Other: Ac. X S /Ac. S TOTAL AFFECTED AC.: 1. to o Ac. (TOTAL PERMITTED AC.: 0 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 forpositive drainage where measures will be needed to prevent offsac sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage. (A (J Ac. b) Positive Drainage — Ac. X $1,500.00 = $— SUBTOTAL COST: $ Inflation Factor: 0,02 X SUBTOTAL COST: S a 5, 9 h X Permit Life (I to 10 years): Jr INFLATION COST: S P 9. 8"0 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ I ti 9-� . RO Total Reclamation Bond Cost: S r I") 00Im (round down to the nearest $100.00) Asfi CkwCN Iv ia- It, a,-;caaQ o 1 • Memo Tu: Ashley Rodgers From: Zahid Khan CC. Data: 5112f2011 Re: Lawndale Pit Mine, Cleveland County, Broad River Basin Application/Permit #: 23-15 Ryan Konnanik reviewed the most recent submittal dated April 25, 2011 and received in MRO on April 28, 2011 with suspense date for comments May 20, 2011. After reviewing the information, I believe that they have addressed some of your concerns. The comments 4-5 in your letter dated March 9, 2011was not mentioned in response letter. I am not sure what was agreed in your field visit, regarding erosion and sediment control measures. I did not we any report of your field visit in files. A copy of Ryan Kormanik comments is also attached. Please contact Ryan Kormanik or me if you need additional information. ' A A Khan, Zahid From: Kormanik, Ryan Sent: Monday, May 02, 2011 11:59 AM 70: Khan, Zahid Subject: Lawndale Pit 23-15 Zahidf After reviewing the information sent in, I believe that they have addressed all of the concerns which were brought up during the site meeting with myself and Ashley Rodgers on April 1, 2011. 1 have no further comments. Ryan Kormanik Environmental Specialist Land Quality - MRO 709.663.1699 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. APlease consider the ernimnmenl before printing this a -mall M - �-� .�_ .. � MINING CHECKLIST FOR ROUTING vkev9,sNamt:A4koOr Pnti,n_ a( ka11.�Pm)dmm : (Z, m/l4 P!Y r � - Ayyhe./Ferran No.: CMq.* r to v v I ck �. Date Radved: Revfena: n._ Vn,Jrori RtvatsaAName: iswr�„L, J b ❑ NLm �L nnnal ❑ muqiraUn (halkye rat 6nn&rla) ❑ m dfftra n (misuc➢matt 6anndmta) ❑ vma r ❑ RAW ❑ Wild Rtkt �Addfuonal mforma n ❑ Fm Nndtd: $ ❑ Fa RtatW: $ *asc We mum grucem y44t to: CJ� mrmv pc ;. t 1 >W at Offfa (z emylne myu:; mwh lkt �s KOMI! off r M"Ayyheaum Review �ChtM - to mu wyy amt attah both Vu DWQ awl DAQ'M WRB AyyhuWR Revtme Form• to the otker tayy; Red 6olh caylm to du itewxe Equa) Daft: Rodd L(la5l i i RrCd ❑ Dtvtdon of water Raaurus Date: Rmttrd Ra'd ❑ NC Wl fe Raana COtnmff f n Dail: RMW Rtrd ❑ US Fish & WOft Rana Date: ROWed Ra'd (Ddy seen aryheauum ad wd*adan m44em Ow all bend to the yma) Fleas =tC hat 3 naaes of the a Umun mid are (O 4m mans to ❑ D(vRien of Penis & Rtataflon Dab: Round Rend ❑ NC C0661441 Snore➢ i3cCUM Daft: Rated Red ❑ D(VWN of Alarms F(S6edn Data Raw Reed ❑ Dian of Soft & Wafa Cdearvaffon ((ylVS LEA) D&-. RAW Read folly as a#uttem axd modificedbn mpeds that add kud to the)send) ❑ Dtvwn of Anhfva & Htdmy Date: RMded Ra'd (Day awe ayyhmdfmr) ❑ Dther: Dau: Berated Rend ••SusyenSC Date for Comments: ( (na Ida than zs dap from rc* Fleau wu t6t foVontne. )q-� 0 ASPHALT PAVING OF SHELBY, Delivery: FedEx Express Direct Signature Required 4/19/2011 INCORPORATED PO BOX 1526 — PHONE 739-4568 OFFICE & PLANT HIGHWAY 74 EAST SHELBY, NORTH CAROLINA 28151-1526 Ashley L. Rodgers Assistant State Mining Specialist NCDENR 1612 Mail Service Center Raleigh. NC 27699-1612 RE: Lawndale Pit Permit No. 23-15 Cleveland County Tracking Number: o-7/q 6276 11 y RECEIVE APR 2 5 2011 UAUTY SECTION Ref: NCDENR Land Quality Section letter dated 9 March 2011 NCDENR Land Quality Section visit to the Lawndale Sand Pit on 1 April 2011 Dear Ms. Rodgers: Our response to the referenced letter will follow the same chronological order that your letter was written: 1. Yelton Street is a publicly maintained road up to the point designated on the mine map. Please see the attached letter from the Town of Lawndale for verification. The following is a brief synopsis of operations at the mine (please refer to the updated mine map): a. The actual mine boundary follows the river bank as designated on the mine map. b. Due to the natural curve in the river at this point, a sandbar of considerable size is formed. It is on this sand bar that operations occur, however we take steps to ensure that we do not violate the 25 foot buffer originating at the river bank extending onto the sandbar. No mining actually occurs on the riverbank itself. c. When the mine is active our first priority is to ensure the MSHA required vehicle safety berm is in place. This berm is not only constructed for vehicle safety but also acts as a barrier to keep any runoff from our operations from returning directly into the river. d. During operations, a long armed excavator is used to extract sand from the river. e. As the material is dipped from the river, it is placed on the sandbar in the vicinity of the excavator allowing the material to dewater prior to moving it to the stockpile area. f. After a significant amount of material has been dipped from the river and dewatered, a wheeled loader is then used to move the material to the stockpile area. Material is staged in the stockpile area normally for a period no longer than one day. g. The wheel loader is then used to load dump trucks which transport the material from the mine to the asphalt plant where it is stockpiled long term and processed for use in hot mix asphalt. We have revised the mine map as requested during your visit to the mine: a. The actual RIVER BANK will be designated on the map so the PERMIT BOUNDARY is more easily identified. b. The edge of the river will be redesignated as "CURRENT EDGE OF RIVER" so that the actual size of the sandbar and the actual location of the PERMIT BOUNDAYIRIVER BANK are more easily indentified. c. The undisturbed 25 FOOT BUFFER will be "hashed" to make it more easily identified on the mine map. This buffer is an area actually located on the sandbar between the PERMIT BOUNDARY/RIVER BANK and the CURRENT EDGE OF RIVER. d. The area between the 25 FOOT BUFFER and CURRENT EDGE OF RIVER is designated on the map as EXCAVATION AREA. No excavation takes place on the sandbar inside the 25 FOOT BUFFER or within 25 feet of the PERMIT BOUNDARY/RIVER BANK. e. The 100 foot buffer outside the mine permit boundary has been deleted from the map at your request, and since there is no requirement per the regulation for this boundary to exist, we request that it be stricken entirely from the mine permit. We greatly appreciate the visit to the Lawndale Pit by the Land Quality Section. It is our hope that this visit will clarify the many issues we have encountered during several past permitting cycles. Best regards, Asphalt Paving of Shelby, Donald G. Dedmon, Sr. Secretary/Treasurer Enclosure: Town of Lawndale letter dated 19 April 2011 Apr.19.2011. 09:21 AM TOWN LAWNDALE 7045383116 PAGE. 2/ 2 Town of Lawndale 207 Vilest Main Street Po Box 256 Lawndale, NC 28090 (704) 538-3146 phone (704) 538-3145 fax Tuesday, April 19, 2011 To Whom It May Concern; The Town of Lawndale does maintain Yelton Street at the beginning and the end of said street. The part that is by the river is not maintained by the town, it is in fact maintained by the said property owner. Sincerely, Tracey Staton Town Clerk @Yee-i�c fiord v ru�l ;� dew uds ® turn, l!i� 6wt � l8 ® Turr` iF E Bra ""'t (tZ ® �irsks�op lrc� 1 c� f4sk ct\.(A h- YEt� cccss 4iv, Q qwy 741 • ©`°""� • 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 March 9, 2011 Certified Mail Return Receipt Requested 7008 1830 0001 8839 3803 Mr. Donald G. Dedmon, Sr. Asphalt Paving of Shelby, Inc. PO Box 1526 Shelby, North Carolina 28151 RE: Lawndale Pit Permit No. 23-15 Cleveland County Broad River Basin Dear Mr. Dedmon: Bevedy Eaves Perdue, Governor Dee Freeman, Secretary We have reviewed the renewal your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: Is Yelton Road a publicly maintained road? If so, please provide proof. If not, please explain why the secondary haul road does not extend all the way to Main Street. If you wish to use Yellen Road for a secondary access and it is not publicly maintained, please revise the mine map to include the entire road until its intersection with Main Street within the permit boundary. Revise the affected acreage table as necessary to account for any additional haul road acreage as a result of this request. 2. Please clarify your mine plan for this site, It is my understanding that your intention and your permit allow for the mining of the sand bar in the river. However, the min map seems to indicate the excavation area beyond the edge of the river and including the riverbank. Please clarify whether you are mining the sand bar only, or if you are also mining beyond the sand bar and/or on the riverbank. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-45741 FAX: 919-733-2676 512 North Salisbury Streel, Raleigh, North Carolina, 27604 Internethttp:llwww.dlr.enrstate nc.us/pages4andqualitysection.html An Equal Opportunity I Affirmalive Action Employer- 50% Recycled 110% Post Consumer Paper Is Complete items 1, 2, and 3. Also complete a sign a 1. v�•. lam 4 If Restricted Delivery Is desired. X ❑ PQent • Print your name and address can the nmree ❑ Milkiness so that we can mum the cartl W you. B. Re (RlnlaO Name) C. Data of OallvaN • Attach this card tore the hack of the allpiece, ar on the hunt 0 space permits. D. b GdNary Moves Aflemnt from been I? OYes , 1. Article Addressed t0: If y S, enter deaveN adlraw below. ❑No t MR DONALD G DEDMON SR ' ASPHALT PAVING OF SHELBY INC PO BOX 1526 a kerype cemlaea awl E,Rra9 Mall SHELBY NC 28151 hWel RaNm Remlpttwetemnanaba ❑ Insurstl Mall COA 4 RealiMetl Dal Oft FaH ❑YM z ANtlsNunhs ' 7008 1830 man:re.lan cavke�eU i� 0001 8839 3803 AR. 40 Certified Mail Mr. Dedmon Page Two 3. Revise the mine map to show all buffers as required by the mine permit, including those along the riverbank as well as along permit boundaries. Please refer to Operating Condition Nos. 8C and 13 of mine permit no. 23-15: a. Operating Condition No. 8C reads, "A minimum 25 foot undisturbed buffer shall be maintained along the riverbank, except in those minimal areas where access during the operation is essential (i.e. boat ramp, discharge pipes, etc.). At such points, stabilizing roots and stumps shall not be removed or otherwise disturbed on the riverbank. b. Operating Condition No. 13 reads, "Sufficient buffer (minimum 100 feet) shall be maintained between any mining related activities and (other than the centerline of the river) any adjoining property line/permit boundary, right-of- way, bridge abutment or other structure to protect adjacent property. Note: These are the existing conditions in your mine permit. All buffers referenced by the permit must be within the permit boundary (not outside of it). We will discuss areas of buffer and any necessary revisions to these buffers during our site visit (discussed below) 4. Revise the mine map to clearly show the sandbar area that is mined. In addition, please show all areas within your permit boundary which have a riverbank. These areas should be provided with a buffer (either maintain the existing one or reestablish) as described in Operating Condition no. 8C of your existing permit. 5. There is still a concern that an additional measure may be needed to contain any dewatering of the stockpiles. As per your request, I would like to schedule a site visit in the very near future in order to more clearly evaluate the need for any additional erosion and sediment control measures at the site. Please contact me at (919) 733-4574 at your earliest convenience to schedule a site visit. 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: 0 • Certified Mail Mr, Dedmon Page Three 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. Zahid Khan Aar Memo EECENEC 2011 Ta Ashley Rodgers • MAR 02 e* From: Zahid Khan LAND QUALITY CC: MINING PROGRAM Date: Feb, 28,2011 Re: Lawndale Pit Mine, Cleveland County, Broad River Basin Application/Permit #: 23-15 Ryan Kormanik reviewed the most recent submittal dated February 8, 2011 and received in MRO on February 14, 2011 with suspense date for comments March 4, 2011. These are our comments. 1. The affected acreage of haul roads reduced from 0.35 acres to 0.23 acres. 2S. The acreage is same for mining, it appears that mining will be in river bank and sand bar. A minimum 25-foot undisturbed buffer has not been shown on the plan. <( Riverbank area mining needs to show buffer on the map. �5. Appropriate erosion and sediment control measuresare notprovided.—If3--'1'S YGAIIy nCR LI,Pd� "Dedmon has rc�u(3446 ,5r)MC-Orx -Fom 2ala,gt Cgrvv bic Kit doesrn'} 6VU'l LU, 4AiS Is ry CC3306H a Sa.j5 ti w;Il ply, wwve A copy of Ryan Kormanik comments is also attached. + 4Anq h(gd, 0-WO0P a will p'..iSCtln.gc back to d-t-c vt✓ y1p,t-d- 0.� N�OiE, Pere„ -I qg well, Please contact Ryan Kormanik or me if you need additional infomiaaon. Is YCI-torlsr ar SO TP not, wtn� eloes-I4w 7-��`b haul bowl lev�d -r-kjQ , 4 not OJ rva n . St • Sir l ram. d io Clot=Lrt O Vl Ihe' 44�j a•IC o n l.j WI'l r7i vl. a,L, 5o.,wC bar 'i r+.Yl..r r^v2r. wa,p su mS"b, ghJw-1-t"... rn;n7 wJ -1-L-t 6a Show AS (� nd, " (6 ° Pati S YIVCU C . r) excap-I 1 (L rn oy wJ Clwp v� -1�I of ,�, bv,."QD-` , fq�• o.Q sore..i-t: still ru`d fo sho v4 30,,^d(b4w ou.a. . how w111 1Q4 ILQ'P N10 -t` ^vov -f e,- "Ibe k,pi (,� - MIAG CHECKLI5T FOR KM6NG ApplicamVeName: A-3Oh('4li fbvm, ) or�Ivlb-Project Name- UkA,�,��u i+ ApplicJPermit No.:.23_L Courrty. (t r vel c i ,d Date Received: D I 1� / I I Reviewer. 5h lam, Oa CkCx s River Basin Name: 0 New lorenewal C Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) 0 Transfer ❑ Release 0 Partial Release 2 Additional Information ❑ Fee Needed: $ ❑ Fee Received: $ Please route entire application pgickage /07 (no L)vf.S6 1U Regional Office (2 complete copies: attach the'LQ5 Regional Office Mining Application Review Checklist" to one copy and attach kalb the DWQ and DAU "Mining Application Review Forth" to the other copy: send both copies to the Regional 'Engineer) Date: Routed a I of/ I I Reed ❑ Division of Water Resources Date•. Routed Reed 0 NG Wildlife Resources Commission Date. Routed Reed ❑ U5 Fish & Wildlife Service Date: Routed Reed (Ony new applications and modification requesu that add land to the permit) Please route first 3 pAges of the application and any location mans to: 0 Division of Parke & Recreation Date: Routed Reed _ El NC Geological Survey Section Date: Routed Reed _ (Only new applications and modification reziueats that add land to the permit) ❑ Division of Archives & History Date: Routed Reed _ (Only new applications) 0Other. Date: Routed Feed "°5u5pcm5c Date for Comments: C S bib Ni f (no later than 25 days from receipt) ❑ Please note the following: I�UV L/\'CL(v V P v)b.., 4 v -D,\Q✓lk I ASPHALT PAVING OF SHELBY, INCORPORATED PO BOX 1526 — PHONE 739-4568 OFFICE & PLANT HIGHWAY 74 EAST SHELBY, NORTH CAROLINA 28151-1526 Delivery: FedEx Express Direct Signature Required 2/4/2011 Ashley L. Rodgers Assistant State Mining Specialist NCDENR 1612 Mail Service Center Raleigh. NC 27699-1612 RE: Lawndale Pit Permit No. 23-15 Cleveland County Tracking Number: �71y 6 zZL Ref: NCDENR Land Quality Section letter dated 21 Jan 2011 Dear Ms. Rodgers: FES 0 D 2011 i Y SECTION We are returning a new mine map to your section that should accompany this letter. The corrections you requested have been made. The following changes have been made as was requested: 1. The haul roads have been clearly designated. 2. The limits of the mine permit are clearly shown. 3. The 25 foot buffer at the river bank and the 100 foot buffer on the land side have been clearly designated. 4. A cross section of the berms has been added to the map. The berms are used to control the stockpiles (keep them in place) and control any excess water generated from the stockpiles. The berms to the west of the stockpile area are permanent. The berm to the north will be constructed when we are actually on site working the mine. This is the berm discussed in Mr. Gardner's letter dated 15 November 1995, 5. The excavation area of the mine has been clearly designated. 6. The Affected Land Use Table and Legend have been corrected. 7, The mine permit limit follows the riverbank along the eastern permit limit until it ceases to exist near the stockpile area. 8. The cross sections of the river have been removed. Thank you for your consideration in this matter. Best regards, Asphalt Paving of Shelby, Inc. t I Dr,-��A Gk,&�� S Donald G. Dedmon, Sr. Secretary/Treasurer North Carolina James D. Simons, PG, PE Director and State Geologist Certified Mail Return Receipt Requested 7008 1300 0000 1124 1190 Mr. Donald G. Dedmon, Sr. Asphalt Paving of Shelby, Inc. PO Box 1526 Shelby, North Carolina 28151 RE: Lawndale Pit Permit No. 23-15 Cleveland County Broad River Basin Dear Mr. Dedmon: NCDENR Department of Environment and Natural Resources Division of land Resources Land Quality Section January 21, 2011 Beverly Eaves Perdue, Governor Dee Freeman, Secretary We have reviewed the renewal your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: Revise the mine map to clearly label the permit boundary. 2. Revise the mine map to show the haul roads (including the "secondary access" if it is used) within the permit boundary until its intersection with the nearest state maintained road. Revise the affected acreage table as necessary to account for any additional haul road acreage as a result of this request. 3. Provide a legend for any symbols/identifications used on the mine map. 4. Please clarify your mine plan for this site. It is my understanding that your intention and your permit allow for the mining of the sand bar in the river. However, the cross sections on your mine map seem to indicate that you include the sand bar and some of the river bank within your excavated area. Please clarify whether you are mining the sand bar only, or if you are also mining beyond the sand bar and/or on the riverbank. 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.us/pages/landqualitysection.html An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper 0 �J Certified Mail Mr. Dedmon Page Two 5. Revise the mine map to show all buffers as required by the mine permit, including those along the riverbank as well as along permit boundaries. Please refer to Operating Condition Nos. 8C and 13 of mine permit no. 23-15: a. Operating Condition No. 8C reads, "A minimum 25 foot undisturbed buffer shall be maintained along the riverbank, except in those minimal areas where access during the operation is essential (i.e, boat ramp, discharge pipes, etc.). At such points, stabilizing roots and stumps shall not be removed or otherwise disturbed on the riverbank. b. Operating Condition No. 13 reads, "Sufficient buffer (minimum 100 feet) shall be maintained between any mining related activities and (other than the centerline of the river) any adjoining property line/permit boundary, right-of- way, bridge abutment or other structure to protect adjacent property. Note: These are the existing conditions in your mine permit. We have received a copy of the letter that was sent to you by Charles Gardner on November 15, 1995. However, field visits have indicated that there are areas along the river in which a buffer may be maintained. Any areas that have a riverbank should be provided with a buffer. You may wish to contact the Mooresville Regional Office at (704) 663-1699 to discuss these areas or arrange a site visit, 6. Revise the mine map to clearly show the sandbar area that is mined. In addition, please show all areas within your permit boundary which have a riverbank. These areas should be provided with a buffer (either maintain the existing one or reestablish) as described in Operating Condition no. 8C of your existing permit. 7. Revise the mine map to provide appropriate erosion and sedimentation control measures between the stockpile areas and the river to avoid sedimentation of the river. Provide construction and maintenance details, as well as calculations, as necessary for any proposed measures. It appears that, in addition to a berm, there should be some type of measure in place to handle the dewatering of the stockpiled material during mining. Also, the stockpile area appears to be placed to the edge of the proposed excavation area. If the cross sections provided on the mine map are correct, this would imply that in some areas (where the berm does not wrap around it) the stockpile is perched above the riverbank, with no protection between it and the slope down to the river_ 8. Provide a construction detail (with dimensions) for the berms onsite. Certified Mail Mr. Dedmon Page Three 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, alai,� . PA Ja- Ashley L. Rodgers Assistant State Mining Specialist Land Quality Section cc: Mr. Zahid Khan ® • MINING CHECKLIST FOR ROUTING Ayyllrant't Name: QmhnlJ Per i, ha err �h e/l�e� Pro)ttt NamR Lawnd0.lQ P)t ._e J Ayy[fe./PaNa ND.: 1_I �i Calf r II v O IP k nl Dafl R[ecerv'[d: La RMMer: (—tC I�/., Il.(./l((li.c RIM Basin Nam[: IJ✓bose— _.. _J a ❑ NEa `� Kemal ❑ Md flCatlm (w ileyerodt hmmdanes) ❑ Modonaum fautsldeyemit 6adarfes) ❑ Tran frr ❑ Rek" ❑ PkifLd Relew LP AddlbOMal jorwati n ❑ FU Ne drd: $ ❑ Fee RW[V[d: $ Pk" route mUrr appllraflon pad?i a to: P1 rn,.V ..t- ,�` If r RtBlomd Cpa (z WO& Coyle,; awe6 the -i2S RWWA *a M141Y Al 41M RMEN cheekWt• a om CDyy mid attuh both t6 DWCLW DAQ-MWnd A)YI)MU n Review corm' to the Other myy; Red kth ro}aa to the "ad ErLqmm) Dab: Rieded a lN^SI (I RCC-d ❑ DIVISIONOfwaferRewroes Daft. RMd Ree'd ❑ NCWddlftRCJoaraSCM1ISMn Date: Ranted ReC'd ❑ US Fish & WVdUfe SCrYla Date: Bantle( RCC'd (only new ayyl(taf m and maftfWttm miueN flirt add Ian{ to the perm a) PImR route @Dt 3 Pages of the awhaften ad aM kAilm mau to ❑ Division Df Parhe & RCCrCatlan Date: Raw d Ra'd. ❑ Ne oeolgBted sunny satin we.. Rw d Rlyd . ❑ DW" of Martel Ftsherta Date: RM d Reed ❑ Division of sad & water COnsmatlan (yhu LEA) Date: RMW Reed (Defy mw afyhCdlau and and ff &M mpreu that add W to the permit) ❑ DWDn Of ArCkIM & "v_'J Dail: RO" Reed (Only M Ow dime) ❑ other: Date: Raw Reed a•SkTtnse Date for Confinents: ql LI I I I (no later them zs days from Mayt) ❑ PI[NC note the folloRlne: LV / )'yw 4 .) � aYC _ MANG CHECKLIST FOR K8 nNG Applicant's Name: nSvha It POyl ru o � SAQPrgject Name-. %QA,vj d p U Pi �- AppliclPermitNo:Q3_IS5bounty: ( lPVnI ei d Date Received: o) /1I Reviewer. nS1-)UAn River Basin Name: U ❑ New @:Renewal ❑ Modification (inside permit boundaries) ❑Modification (outside permit bounclariae) ❑Transfer ❑Release O Partial Release EAdditional Information ❑ Fee Needed: $ ❑ Fee Received: $ Please roe mli iop„pat - 0% 0100Ve1�4aRegional Office (2 complete copies: attach the 01-Q5 Regional Office Mining Application Review Checklist" to one copy and attach bath the DWQ and DAQ "Mining Application Review Form" to the other copy, send both copies to the Regional Engineer) Date.. Routed Reed ❑ Division of Water Resources Data: Routed Reed _ ❑ NC Wildlife Resources Commission Date•. Routed Reed _ 0 U5 Fish & Wildlife Service Date: Routed Reed _ (Only new applications and modification requests that add land to the permit) Please route first 3 pages of the application and any location maps_ 0 Division of Farb & Recreation Date: Routed Reed _ 0 NC Geological 5urvey Section Data: Routed Reed _ (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Reed _ (only new applications) ❑ Other. Date: Routed Reed "5u5pense Date for Comments: 3I LI / I 1 (no later than 25 days from receipt) ❑ Please note the following: I-WL • • Memo To: Ashley Rodgers From Zahid Khan CC: Date: 1/12/2011 Re: Lawndale Pit Mine, Cleveland County, Broad River Basin ApplicationlPermi[ #: 23-15 CDVED JAN 13 2011 -L4lffIOUALlTN(GFCTION Ryan Kormanik reviewed the most recent submittal dated December 20, 2010 and received in MRO on Jan.7, 2011 with suspense date for comments January 14, 2011. We received Land Entry Agreement signature page and one page of mine map as additional information. This information was response of your letter dated Nov. 1, 2010. No calculations were submitted with this package. Most of the items were not addressed on this mine map. A copy of Ryan Kormanik comments is also attached. Please contact Ryan Kormanik or me if you need additional information. ii 6) ho.J rd9 sill no+ ShrkAin Win ?trr.j bar dQy,, fcu..%t qr.. -f o.6L.., y.t "JI M ® Wk mein shoAvi3 ae - min as,61 L.&J. cii-fs- qCII" l/ 0.a l3 ' r. (n 100 -6t rVO nW rA L4 a i,,. 4 bh,rn Mir- 40l<�+'h P m drlk0AV 6c Mm avw di Prbposr.d t&Sc 1h k4r 54d4 -k sloety L , fwM gain tx ct ro v *it not Sfwwnry Bond 601A wy& �9h6wi+0 W7"oh, p4tAvJ iwwx riva'b MtA S _ 0" `d- 1 m 4 f ' 0 • Khan, Zahid From: Kormanik, Ryan Sent: Friday, January 07, 20118:40 AM i nyri �" To: Khan, Zahid �' "" r' E Subject: 23-15 Lawndale Pit JAN 13 2011 Zahid, LALIQ90ALITY SFCTION'' I have reviewed the submitted information and have the following observations: During active mining, there should be temporary measures in place to handle any dewalering of the stockpiled material. What type of buffer is being shown on the map? If it is an undisturbed buffer, all the mining activity is occurring within the buffer. Ryan Kormanik Environmental Specialist N.C. Department of Environment and Natural Resources Division of Land Resources, Land Quality Section 601 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 704,663.1699 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. APlease consider Me environment oefore printing Nis email I/. ® • MINING CHECKLIST FOR ROUTING Ap itud's NAm: A5dha(4 Pnln o n��hPfl�\� N Lowriolal.t -P/f O.tir�l 1 u Ap I )C RI ^ ` VIPM&Na.: a3.(5 C"'. Cje9FIDACAvCd: Ir/`)Q11/"7 RMLWR: � K/l�l1e,� i RIFer ]SAt61 Nmnt (iVDr� U ❑ NCW Y" Rt al ❑ Modl/tuf o (fnndeyermR boa date) ❑ Modoufkn (outitkyc mlt kvn&ft) ❑ Tran JCr ❑ Rekaa ❑ Partial Rtltaa Q�7AdblloM) lnfoma n ❑ Fa Nt&d: $ ❑ Fa RCCCIwtd: S Plea We att" appheanan paw to: (Y)bh v N H I 1 M R%WW offkt (z Wo W Copan Allah the nRLS RC#W of fia Mining App440 Wale. CkC& C fa au Copy snit attach both (k Dwyaed DACjMlmgq npphtation Review Fmm' to the other Cagy; tend bmh Caplet to the RCgmnd Eww) Daft: RAW lalSlll Reed ❑ DtddA of Water R=ras DAk: RMW Reo'd ❑ NC Wllaft ReSMrw Cam Mm Daft: RMW RCC'd ❑ uS Fkh & wtldlf fi Servta Date: RMted Reed (ody mw apphuff m aryl mxd lltatim request dw add lain to the"t) P4Aee Mite Ant S Waart of tht Afmkdf n and arty Ia d n maor to ❑ DIVWK of Patin & Rtertanen Daft: R&W Reed ❑ NC Geelgkal Saray SeCUM Dak: RMW Reed ❑ Dlv(sfan of Marw Fbiae)a Dak: RMW RWd ❑ DfAdon of Sot! & water Ccneervaffan (phk LEA) Date: Raw Rted (only new a butiom ad mw#cancn agatb thin add land to thepemdn ❑ Dtvwn of Aredewa & Hw7 Dak: RMW RCC'd folly aw aglicattmu) ❑ other: Date: RMW Reed • •SRsyeW Daft for comments: I (w hder than za dT fmm acmyt) /(Z,e Shov-r ow-ajU ❑ Plratr wte the fo0metng: re sn ej,J-T4�"�-� Lt APPLICATION FOR A MININ4"PERMIT btw•N CF LAND H SbUITCf9 LAND (YJALITY SECTION G. LAND ENTRY AGREEMENT RECEIVED 11 DEC 15 Zola We hereby grant to the Department or its appointed representatives t nghtlo$engy,, and1trgygllttppn our lands or operation during regular business hours for the purpose of making noes o-'4�)g. *tL ho09lDrnyeshgations as may be reasonably required in the administration of the Mining Act of 1971 p 1 M to T9. 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 bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: %ua Signature:* T* - L)hlot" 54 Print Name: mr K ckk (74 6-d Print Name: _ r-� CZ Lb15J�A� I `�r (Title, if applicable) Company Title: � Fieas (If applicable) -J Address: PO &)k 23 Company: ovj� C;(- <IgL64 �A roi �2kC 2-s090 Mine Name: LOi,%._rt de;4t. riC Z3 IS Telephone: ( ) 7 0-% 4 3Sr 72, 1:,Telephone: ( > - �3`} ' Y56 4 Date Signed: / I - C 7 -. 1 ° t o Date Signed: (0 1\PC Z%((D KCENED DEC 2 2010 I *Signature must be the same as the individual who signed Page 1 of this application. One original and five (5) conies of the completed aMlication, six (6) conies of all location mans. mine mans and reclamation mans, and the appropriate processing fee (see next page for fee schedule) in the forma 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. I3 Cleveland Co., NC -- Printable Map Page 1 of 2 ® • Cleveland County, NC 38ae1 Jd]J5 C� 3Q60 ♦ / 30ID d18e5 Ja]39 N)5) 1 0092 34)09 - ] 40543 34750 34945 1A14E 34858 eyI15� 34)58 3415d 34)40 ]1809. 3473] 34951 34)81 34743 341142 f 3I9N M N� ~ 940 \ \ 34782 34744 Rvi?q 34)6) 34959 ]4949 3A10 31948 34]88 4101 348)0 3045 34)89 34))1 )d)82 4)e9 34746 3 199 L J41ea 1 ; 4)e4 ye19] e S DISnIAIMER: The inionnation contained on this page Q NOT to be mnstmied or used as a "legal descdp9on". Mep in m p , I n is believed to be amurate but accuracy is not guaranteed. Parcels hnm//arcimc9..wehpis.net/nc/cleveland/nrintable2.asn 12/6/2010 Cleveland Co., NC -- Printable Mp Page 2 of 2 Owner: HORD RICHARD ' Owner2: HORD BETTY L 1;GIS Deed Reference: 1191 1052 `GIS Deeded Acres: 4.81 Calculated Acres: 5.94439697752 School Districts: Elementary: FALLSTON ELEMENTARY Intermediate: Middle: BURNS MIDDLE SCHOOL High: BURNS HIGH SCHOOL Zoning: Class: Municipal Zoning Municipality: Lawndale Flood Zones: Zone: AE Code: 2 Panel Number: 3710263100.E 2015 Future Land Use: Use: MUNICIPALITY Jurisdictional Limits: Name: LAWNDALE Voting Precincts: Precinct: Lawndale Parcel No.: 71802 Parcel Address(es): 209 E MAIN ST Prior Year's Owner: HORD RICHARD HORD BETTY L 422 GASAR LAWNDALE R LAWNDALE NC 28090-0023 Other Attributes at point 1236896, 618374 Map: L 2 Block: 2 Lot: 13L Deed Reference: Bk. 1191 Pg. 1052 Land Area: 4.810 acres Tax Values: Building Value: $1,900 Land Value: $26,442 Total Value: $28,342 NC House and Senate Districts: Senate: 46th Senate Legis.: 110th House Fire Districts: District: Lawndale 2000 Census Tracts: Census Tract: 950200 Watersheds: Zone: WSIV Historical Inventory: None Soil Types: Soil Type: UdC hlt :1A%vm webIlis.net Anderson & Associates, Inc. httpalwww.andassoc corn httn://ATCImC7,webu1�.net/nc/cleveland/nrintable2.asn 12/6/2010 a ® � r To: Ashley Rodi CC; Zahid Khan [-R7ECE1V-EFrom: Date: 12/17/2010 Re: Lawndale Pit Mine, Cleveland County, Broad River Basin Application/PermitM 23-15 Ryan Kormanik reviewed the most recent submittal dated December 8, 2010 and received in MRO on December 10, 2010 with suspense date for comments January 3, 2011. The explanation for the dragline in the letter from Donald Dedmon, Sr dated December 3, 2010 satisfies our office. We have seen dragline on site and just want to make sure whether they are using for this site or not. We also received Land Entry Agreement with one original and three copies in this office. We will forward all these to your office along with this memo. We also received sheet 1 of 1 of Mine map (4 copies). A copy of Ryan Kormanik comments is also attached. Three copies and one original of Land Entry Agreement are attached for your review. Four copies of mine map are also attached for your review. Please contact Ryan Kormanik or me if you need additional information. ) ® • Khan. Zahid From: Kormanik, Ryan Sent: Tuesday, December 14, 2010 0.46 PM To: Khan, Zahid Subject: Lawndale Pit Zahid, I visited the site today. Per the request for information, the permittee is still working on a new mine map and getting a Land Entry Agreement signed. The basin in the photos was used when they used a dragline (20 years) and is in an undisturbed area. one thing I would recommend is some temporary measures to be installed whenever mining is occurring. Currently they just dip and stockpile on the sand bar. No further measures. We should probably wait to see what is submitted before asking for anything else. Ryan kormanik Environmental Specialist Land Quality - MRO 704.663.1699 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. P Please Consider the environment before printing this e-mail 0 0 Rodgers, Ashley From: Rodgers, Ashley Sent: Wednesday, December 08, 2010 3:29 PM To: Khan, Zahid Subject: Mining Permit#23-15 Additional Info Attachments: 23-15 Additional Info.pdf Zahid, Attached is some additional information sent in for the Lawndale Pit (Permit no. 23-15). I am sending a hard copy via courier, but wanted to forward you the email so you could have the pictures in color. Thanks, Ashley The message is ready to be sent with the following file or link attachments: 23-15 Additional Info Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 _ _ _ _ _ ._F., .. �,.� —vas^—_ • •—. ''Jl.,*::A:..+c9,n3•J �-•ti::a^.."'.,"'_'s'.. O • MINING CHECKLIST FOR ROUTING ,yyltmnti Name: it In nc �.f.Jl�a��j jtCtNM: �_LLW rgdo(� VbC.IPamttNO.: C": C L e r, KJ� DdlROCdPdt: Rtvirnm. IC..o(1�9r�.c Rim Basin Name: vvgr> - J ❑ Nen O�iteranal ❑ MOdtflladOa (tnAAeyermtt houndader) ❑ Mad" (oafade yerm8 6ddAda) ❑ Traufa ❑ RC(laa ❑ PartW Rtleae 10MA " ❑ Fee Naded: $ ❑ Fa Reatnk $ Phal =if mum gpktawn PA&W to:: 2� I n! IA U+ rS l,%t L` P.[glorcal opa (x mmyW oyjF , afah the •ty tvgiond ogla mining Anacgif m RMev Cheeiha• to am royy and att"i W the DwQamt DAQ•Ml" AyNCatbm Rnriev Force to [he OBar Cqy; Mnd hdh ayla to the Rtdlomd Eng W) Date: Ranted I a 1 S l l o Ra'd ❑ DIVIW of wdfa Remarw Dail: Rog d Reed ❑ NC Wm* Rmw CnRm mm DAk: Routed Reed ❑ us Fish & wfldtfff sema Dak: Rout{ Reed (only my ayyhraumo and N*kafton requeas that add W to theyemat) Pllau We (Int 3 PNW � the 9PUCAftan and arty bwdaa MM to: ❑ DIVWN % Pahe & ReMdtan Dale: ROMted Rid ❑ NC c k5f& l sk"q suam Dak: Rood Ra'd ❑ Dlym %� MAlfw F66ria DAk: Rridd Rerd ❑ Dlywo % sad & wder cmmaun (ghee LEA) DAtt ROMtt RICH (only my ayyhunom ad wd�kdf requeas did add Lmd to the yermtt) ❑ DW R of Aahfva & }itchy Dak: Rmltl Ree'A (only my ay 69 m) ❑ other: Date: Rafkd Reed ••SRs CW Datepr Comtaents: l 3 / I (w lakr than ss dais from aayt) ❑ Pleaa wit tea follomfrtq ur nc ✓e f.w ✓ M, eat)) 1 \oKn r,oCel- pk„ni. rr %iS • ASPHALT PAVING OF SHELBY, INCORPORATED PO BOX 1526—PHONE 739-4568 OFFICE & PLANT HIGHWAY 74 EAST SHELBY, NORTH CAROLINA 28151-1526 Delivery: Fedl Express Tracking Number: �0 I 622 Direct Signature Required 12/3/2010 Ashley L. Rodgers RECEIVED Assistant State Mining Specialist GEC Og zoio NCDENR 1612 Mail Service Center Raleigh. NO 27699-1612 SECTION p pUALITY RE: Lawndale Pit Permit No. 23-15 Cleveland County Ref: NCDENR Land Quality Section letter dated 1 November, 2010 Dear Ms. Rodgers: We are currently in the process of revising our mine map and obtaining the Land Entry Agreement as required by the referenced letter. However, I am contacting you concerning item 1 of the letter. As we stated during our last permitting cycle, the method of mining at the sand pit consist of a long armed track hoe, a wheeled loader, and dump trucks. Sand is removed/extracted by the excavator and stockpiled. The wheel loader loads the dump trucks and the material is then hauled to our asphalt plant for the production of NCDOT asphalt mixes. That is the extent of the mining operation which does not include a dragline. We have not operated a drag line at the Lawndale Pit for at least 20 years. The only indication that a drag line may have ever been used along the river bank is what the inspector indicated may be a sediment basin on 13 October 2010. Please refer to pictures 1 through 4 (pictures 1-3 must be viewed together and picture 4 independently). As the pictures clearly define, the area indicated by the inspector where the basin is located is inside the vegetated buffer area which, as you know, must remain undisturbed. As you can see in the pictures the area has not been disturbed for many, many years. If we were operating a drag line from that location along the river bank, as indicated by the inspector, the area of operation would be void of vegetation and easily identified. We do not, nor do not intend to, operate a dragline at the Lawndale Pit. The only equipment used to excavate sand at the pit is a long armed excavator as indicated in all permit renewals we have submitted since 1998. Best regards, Asphalt Paving of Shelby, Inc. `` J"� Donald G. Dedmon, Sr. Secretary/Treasurer Attachments: Pictures 1-3 - Land side view Picture 4 — River bank view \ f f I t .i?i• Y; ��1���� I t � w , . `! i • t t � • � r i 0 • >., YiIL V� { t 0 `' i r � 4p. a • NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, FIE Director and State Geologist November 1, 2010 Certified Mail Return Receipt Requested 7008 1300 0000 1130 1498 Mr. Donald G. Dedmon, Sr. Asphalt Paving of Shelby, Inc. PO Box 1526 Shelby, North Carolina 28151 RE: Lawndale Pit Permit No. 23-15 Cleveland County Broad River Basin Dear Mr. Dedmon: Beverly Eaves Perdue, Governor Dee Freeman, Secretary We have reviewed the renewal your company submitted for the referenced mine site. However, the following information is needed to continue processing your application- 1. Please clarify the method of mining (question A3, page 3 of the mine permit application). Only an excavator and truck are indicated; however, it appears that a dragline may also be used. 2. Revise the mine map to make it more legible. The "stockpile" and "vegetated zones" did not show up clearly on the provided copies. 3. Revise the mine map to show the haul roads (including the "secondary access" if it is used) within the permit boundary until its intersection with the nearest state maintained road. Clearly label the state maintained road. Revise the affected acreage table as necessary to account for any additional haul road acreage as a result of this request. 4. Revise the mine map to show all buffers as required by the mine permit, including those along the riverbank as well as along permit boundaries. Please refer to Operating Condition Nos. 8C and 13 of mine permit no. 23-15. 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:!lwww.dlr,enr,state.nc.uslpagesllandqualitysection.htmi An Equal opportunity / Affirmative Action Employer -- 50% Recycled / 10% Post Consumer Paper 0 Certified Mail Mr. Dedmon Page Two 5. Revise the mine map to clearly show the sandbar area that is mined. In addition, please show all areas within your permit boundary which have a riverbank. These areas should be provided with a buffer (either maintain the existing one or reestablish) as described in Operating Condition no. 8C of your existing permit. 6. Revise the mine map to move your stockpiles away from the river. Material taken off the sandbar at the time of mining should not be piled on immediately adjacent to the river. The stockpile areas should be moved away from the river's edge. 7. Revise the mine map to provide appropriate erosion and sedimentation control measures between the stockpile areas and the river to avoid sedimentation of the river. Provide construction and maintenance details, as well as calculations, as necessary for any proposed measures. B. Provide a Land Entry Agreement (with original signatures) for any landowner of property covered by this mine permit. 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 58.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline 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. 9 0 Certified Mail Mr. Dedmon Page Three 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. Zahid Khan Rodgers, Ashley From: Finley, Peggy Sent: Monday, October 18, 2010 3:21 PM To: Rodgers, Ashley Cc: Khan, Zahid Subject: DLR Permit#23-15 Attachments: Lawndale Pit.pdf Ashley: I believe that Samar (MRO/SPU) has already sent you this form with his responses Peggy Please note the change in email address Peggy Finley - Peggy. Finlev#D node nr.eov North Carolina Dept. of Environment & Natural Resources Div. of Water Quality - Aquifer Protection Section Iredell County Government Center 610 E Center St., Suite 301 Mooresville, INC 28115 Ph: (704) 235-2183 Fax: (704) 663-6040 E-mail correspondence to and from this address may be subject to the North Carolina Public Records taw and may be disclosed to third parties. Rint this brm lu grit • Rerum POF of INS ramM.CO by emell.aDLR RO aM DWg SPU MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY Project Name: Lawndale Pit DLR Permit #: 23-15 County: Cleveland Address: PO Box 1526, Shelby, NC 28151 Mine office address: 124 Longbranch Road. Kinds Mountain NC 28086 YES NQ Date Commencina Is this mine a new mine? r F April 22, 1988 Have land disturbing activities started? Date? F r 1988 Latitude: 35.419 Longitude:-81.5637 Please return comments to (at DLR CO): Ashley Rodgers SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality?_ Comments:_ Watershed/Stream Name & Classification: DWQ Compliance Status of Mine: YY S- NO NPDES permltisbulred? ` r r NPDES permit existing? r (Permit # ) r _ If an NPDES permit Is not required, Is DWQ still Concerned aboutwetlend degradation r-.. r _ b dewatedn ? . Should permittee contact DWQ RO Immediately? (e.g. to schedule a site visit if r • RO Contact Name: _ r mine has already begun digging or is Contact Reason:_ dewatering without DWQ permit) 401 Wetland Cart required? 401 Wetland Cert. existing? r Permit # r Does DWQ RO currently have enough Information to determine if a 401 certification Is required? Rw 5Cp!ember 231C Print this form to PDF • Retum PDF of this form to DW by email. cc DLR Rp and DWQ SPU YES NO Are wetlands disturbed at this site? F F Does DWQ RO suspect or know of nearby r . F . wetlands to the site? Is a wetland delineation required prior to F By: r JD or r Consultant F DWQ Issuing the permit? F Onsite? Or F Offsite? Stream Determination Needed? F F Stream Determination Completed? r r Does DWQ RO need a statement that no wetlandsfstreams are disturbed for this project from applicant? Buffer Determination Needed? r F Buffer Determination Completed? F F Recycle system permit existing?* r Permit # New Recycle System permit required?" r Enough information to determine? Non -discharge permit existing?* r Permit # F Will wastewaters discharge to HQW waters F F 7Q10 Unknown (permittee determine): F with a 7Q10=0? ** Flow, F Has Violation F OEM Requirements Does DWQ require DLR to hold the permit F HQW17Q10 Concerns (e.g. so DWQ can review it further or F F because DWQ requires more information)? Other. Reason: RO contact: F Hold Until: Mine must wait to dewater until an 0&M r F . plan is approved? 'The NPDES SW and WW pgmlrt NCG020000 covers closed -loop recycle systems_ , designedt exclude all stofmw"r run-off from the system and operate at or below two -feet of freeboard. These systems maybe permind by a Nan -discharge Recycle System Permit from the Aquifer Profqption Section (APS). OR may instead be permitted under NCG020000 to eliminata an additional eta rmit. Recvcle systems that do not meet those criteria are considered dischamina systems. and are sublect to the NCG020000 discharue Aefmit. "To obtain 7Q10 mows, permittees must contact the DWQ Slormwater Permitting Unit. if DWQ does not have a flow estimate for a specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS. 919-571-4043, for more information on obtaining a 7010 flow. USGS will not determine a 7010 flow fortrdally influenced water bodies. Reviewed by: DWQ RO Surface Water: Regional Office Date: RO Aquifer Protection Section: Regional Officer f Date: /o �1f /Q SPU DWQ Central Office Reviewer (if applicable) Rev September 2010 Rodgers, Ashley From: Bou-ghazale, Samar Sent: Friday, October 15, 2010 3:38 PM To: Rodgers, Ashley Cc: Krebs, Rob; Khan, Zahid Subject: Lawndale Pit -Permit No.23-15 Attachments: 23-15 DWQ Mining Review Sheet sbg.doc; October 2010 021a.jpg; October 2010 022a.jpg; October 2010 023a.jpg; October 2010 024a.jpg; October 2010 026a.jpg; October 2010 027a.jpg Ashley, I visited the subject site on 10-13-2010. See attached pictures. Please note there were no sediment pit anywhere on the site. As you see in the pictures the sand was piled along the edge of the water. Also, no General wastewater permit NCG520000 was found in Bims for this site. Please let me know if you have any questions. Thanks, Samar Samar Bou-Ghazale - Samar.8ou-Ghazale@ncdem.aov Environmental Engineer II North Carolina Dept. of Environment & Natural Resources Div. of Water Quality 610 E. Center Ave., Suite 301 Mooresville, INC 28115 Ph: (704)663-1699 Fax: (704) 663-6040 t!t!!Ittta#ttrr#Ytrrrrrrrrrr«#r«r###trrrt««##t##ttt!##r!##tt##ttt#ttrar 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. tltrtltttttttttttttttttYtttYYtY«YYYYYr Y«YYY««rr«rrttrtllirttrttt!#!###4#Y#t Pent this ram to PDF •• Return PDF of this rmm to DLR CO by email cc DLR RO and DINO SPU MINING PERIVfIT APPLICATION RAIEW FORM forthe DIVISION OF WATER QUALITY THIS SECTION TO BE FILLED OUT BY DLR: Project Name: Lawndale Pit DLR Permit #: 23-15 County: Cleveland Address: PO Box 1526, Shelby, NC 28151 7 Mine office address: 124 Longbranch Road, Kings Mountain, NC 28086 YES NO Date Commencing Is this mine a new mine? April 22. 1988 Have land disturbing activities started? Date? fv 1988 Latitude: 35.419 Longitude:-81.5637 Please return comments to (at DLR CO): Ashley Rodgers Comments due by: 10/22/10 SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Yes .NP Comments: No permit + n ✓� � Watershed/Stream Name & Classification: First Broad River WS IV DJ- 4,V ,b ��L"1� qe�O i$ Ja �or'145 DWQ Compliance Status of Mine: No NOV or enforcement YES NO NPDES permit required? y r NPDES permit existing? (Permit#NOS If an NPDES permit is not required, is DWQ still concerned about wetland degradation-- N/A by dewaterin ? Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if RO Contact Name: NO mine has already begun digging or is Contact Reason:_ dewatering without DWQ permit) 401 Wetland Cart. required? NO 401 Wetland Cart. existing? F Permit # NO Does DWQ RO currently have enough information to determine if a 401 r YES certification is required? Rev Seplemher 2010 Print this form to POF Return PDF of this form to DLR CO by email. cc DLR RO and DWQ SPU YES NO Are wetlands disturbed at this site? NO Does DWQ RO suspect or know of nearby wetlands to the site? NO Is a wetland delineation required prior to By: JD or Consultant DWQ issuing the permit? Onsite? Or Offsite? NO Stream Determination Needed? NO Stream Determination Completed? YES Does DWQ RO need a statement that no wetiandsistreams are disturbed NO for this project from applicant? Buffer Determination Needed? NO Buffer Determination Completed? YES Recycle system permit existing?* Permit # NO New Recycle System permit required?* Enough information to determine? NO Non -discharge permit existing?* Permit # NO Will wastewaters discharge to HQW waters 7Q10 Unknown (permittee determine): with a 7Q10=0? ** Flow: Has Violation O&M Requirements Does DWQ require DLR to hold the permit (e.g. so DWQ can review it further or HQW17Q10 Concerns because DWQ requires more information)? Other Reason: RO contacts Samar Bou-Ghazale Hold Until. - Mine must wait to dewater until an O&M YES C.r1+ plan i la s app o ed7 wvrfs-ia� r v � t� 'The NPDES SW and WW Hermit 1VCG020000 covers closed -loop recycle systems, designed to exclude a71 stormwafer run-off from 1-4 W i l7 the system and operate at or below two -feet of freeboard. Theses stems ma be ermined b a Non -discharge Recycle System Cbr*cof Permit from the Aquifer Protection Section (APS), OR may instead be permitted under NCG020000 to eliminate an additional permit. Recycle systems that do not meet those criteria are considered discharging systems, and are subject to the NCG020000 discharge cr * I To obtain 7010 flows, permittees must contact the DWQ Sformwater Permitting Unit. IfDWQ does not have a now estimate fora (N specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q1 D (low. USG will not determine a 7Q10 flew for tidally influenced wafer bodies. Reviewed by: DWQ RO Surface Water: Samar Bou-Ghazale Regional Office: MRO Date: 10-13-10 RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable): 0 Rev September 2010 • 0 • • Rodgers, Ashley From: Wehner, Judy Sent: Thursday, October 14, 2010 3:55 PM To: Rodgers, Ashley Cc: Davis, Tracy Subject: FW: Asphalt Paving of Shelby Attachments: October 2010 021 a.jpg; October 2010 022a jpg; October 2010 023a.jpg; October 2010 024a.jpg; October 2010 026a.jpg; October 2010 027a jpg; Lawndale Pit Mine Memo 10-14-10.doc From: Khan, Zahid Sent: Thursday, October 14, 2010 3:40 PM To: Wehner, Judy Cc: Kormanik, Ryan Subject: FW: Asphalt Paving of Shelby Please see attached pictures and memo. Thanks From: Bou-ghazale, Samar Sent: Thursday, October 14, 2010 1:22 PM To: Khan, Zahid Subject: Asphalt Paving of Shelby Zahid, Attached are the pictures for Asphalt Paving of Shelby, mining permit# 23-15 These pictures were taken yesterday on 10/13/2010. Please let me know if you have any questions. Thanks Samar Samar Bou-Ghazale - 5amar.Bou-Ghazale@ncdenr.eov Environmental Engineer II North Carolina Dept. of Environment & Natural Resources Div. of Water quality 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Ph: (704) 663-1699 Fax: (704) 663-6040 •!rt!!k!!!!!rtt!!r}lttlt}}lttRttRYltRt}tt}lttY}}}ttYYttrt}}Y}YtYYttttttYY4 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. ltttt}trYttttrt.rtttattrttttttttrrtrrttrrYrYY»rrrtrrrs}ttYtrttrtrrrrYrrr • 0 Memo To: Judy Wehner From: Zahid Khan CC: Date: 10/14/2010 Re: Lawndale Pit Mine, Cleveland County, Broad River Basin Application/Permit #: 23-15 Ryan Kormanik reviewed the most recent submittal dated September 27, 2010 and received in MRO on September 30, 2010 with suspense date for comments October 22, 2010. These are the additional comments Please review the pictures taken by the Water Quality. It appears that we definitely needs new site plan. It does not reflect the current site conditions. The other comments were sent on 10/13/10 via Courier Mail along with Air Quality comments. Please contact me if you need additional information. EL: r t f- r e" iyA ,► 1 ILI 1p' '0� i"iv�ie_p •qN�� Ild I Memo To: Judy Wehner From: Zahid Khan i C: Date: 10/13/2010 Re: Lawndale Pit Mine, Cleveland County, Broad River Basin Application/Permit M 23-15 RECEIVE.. OCT I � 2010 LAND QUALITY MINING PRQGRA,„ Ryan Kormanik reviewed the most recent submittal dated September 27, 2010 and received in MRO on September 30, 2010 with suspense date for comments October 22, 2010. These are the comments. 1: No erosion and sediment controls were shown on the plan. 2: There was no buffer whether disturbed or undisturbed shown on the mine map. A minimum 25- foot undisturbed buffer shall be maintained along the riverbank. A copy of Ryan Kormanik comments is also attached. A copy of DAo comments are attached for your review. A copy of Mining Application Review Checklist is also attached for your review. Please contact Ryan Kormanik or me if you need additional information. 1 Khan, Zahid From: Kormanik, Ryan Sent: Monday, October 04, 2010 11:07 AM To: Khan, Zahid Subject: 23-15 Comments Zahid, have reviewed the application for renewal for the Lawt dale Pit (23-15). The following are my comments: (�1. I inspected the site on August 3, 2010 \`..J According to the application, the method of mining is to be excavator and truck. There is a di ngline on the site. Is this to be used at all for removal of sand from the creek? If noS it should be removed from the site. 3. The reclamation bond worksheet has not been filled out. 4. The landowner listed for this property is Richard S. and Betty L. Hord. There is no access agreement from the land owner to allow Asphalt Paving of Shelby, Inc. access to mine the site. This needs to be supplied. A Land Entry form needs to be supplied to allow NCDENR to inspect the site. The buffer zones need to be shown on the mine map. If you have any questions please feel free to contact me. Ryan Kormanik Environmental Specialist N.C. Department of Environment and Natural Resources Division of Land Resources, Land Quality Section 601 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 704.663.1699 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be ddiisclosed to third parties. Epp Plearaconsider the enwronmenl before printing Ihla email MINING PERT APPLICATION REPEW FORM for the DIVISION OF AIR QUALITY ASQhal+ Pavrvy of Shelby, j-n(. na Please return comments back to: .AAA-(k T C Comments due by: f aLS'I lip_ Will the operation, as proposed, Aclate standards of air quality? Comments (4w Lt /Y. L #, . H r)%. ,v)z- ;. vcj NO Air permit required Air permit existing ✓ (Permit #M ) Other Comments: Reviewed by:� Date: & //0 /a i Print Name: ,OVrpQ S�-rice WIM5 Cenral CYme Reviewer APPLICATION/PERMIT NO.. -�� :ACTION: New Mcdiflcatie zer.ewal Tr_r_ =r Release APPLICANTNAME fl h ij POViN 01 MINENAME: I-ou )no4oU COUNTY: fLLL,(arj ,S11e1 �, ,hr_ Pit Administrative Issues: A. Is the site currently under I Yes No xplain: 9. Is the site under CAMA jurisdiction? Y N Explain: Field Issues: A. Are ootenhal wetlands and watercourses properly indicated on :he ,Mine Map? No Exziain: B. Are the proposed buffer zones adequate? Tes 0 Explain: or s&a - ea Mar C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? Yes No ExplainN4A D. Do all seater supply wells within 500 feet of the mine excavation appear to be indicated? Yes No u Explain: Is visual screening needed? Yes Explain: Are the proposed erosion and sedimentation control measures =roomoy located tPrevent c's;e sedimentation? Yes No Explain. i1,ue aa, rc R a rsss o ,•.0, s Is the proposed revegetation/reclamation plan acceptable? °s t' Explain: Dale inspected:. $I3jla rosfon and Sedimentation Control Plan Review: Is he responsibiiq of the Regional Office staff to verify the adequacy cr tha _&S measures. Pleasa _:wide ny concerns or ccmments: fir- /Mmma ther Comments: hi) was the aoolicaiion routed to and when?: Division of Air Quality: Date o Division of Water Quality (Water Quality Section only): yDate. Other, Date: spec;oriP.evie:v11 r ..Name: R2 iQ . Km Date, _,irolaho scic.^al Engine=r; )lame;t�-A S- Date: joli to Beverly Eaves Perdue Governor MEMORANDUM RCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Thomas A. Reeder Director October 06, 2010 TO: Ashley Rodgers Land Quality Section FROM: Paul Williams Ground Water Management Section Division of Water Resources SUBJECT, Comments on the Mining Permit Renewal Request for: Asphalt Paving of Shelby, Inc. Lawndale Pit Cleveland County Dee Freeman Secretary RECEIVED OCT 08 2010 LAND QUALITY MINING PROGRAM Please find attached a copy of the mining permit renewal request for the above referenced project. The Lawndale Pit located in Cleveland 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 April ] 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 Oile Phone: 919-733.40641 FAX: 919-733-3558 I ntemet: www.ncwater.org N on li Cai-of t ri a A7i:v LA NC®ENR 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 September 28, 2010 MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Resources FROM: Brenda M. Harri Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Asphalt Paving of Shelby, Inc. Lawndale Pit Cleveland County Mine Dewatering Proposed Beverly Eaves Perdue, Governor Dee Freeman, Secretary ® 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 October 22, 2010 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Ashley Rodgers (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Zahid Khan 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 � North Carolina Wildlife aORTHOI �•11eltiw TO: Brenda M. Harris, Mining Program Secretary Land Quality Section FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: September 30, 2010 RECENEr OCT 0nzoo LPND QUALITY MINING PRGGRAN' Commission ff SUBJECT: Mining Permit Renewal Application, Asphalt Paving of Shelby — Lawndale Pit, First Broad River, Permit No. 23-15, Cleveland'County This correspondence responds to your request for our review of the referenced mine permit modification. These comments are provided in accordance with certain provisions of the Mining Act of 1971 (as amended, 1982; G.S. 74-46 through 74.68; 15 NCAC 5) and the North Carolina General Statutes (G.S. 113-131 et seq.). The mining operation is requesting to renew their permit for a five (5) year period. It is our understanding that this mining occurs on an active floodplain sandbar or floodplain bench and that no land disturbing activities occur during May through July, No additional modifications appear to be indicated for the site. Providing that the above infomtation is correct, we will not object to the issuance of the permit. The following recommendations are provided for your consideration as permit conditions: i 1. Due to potential public trust issues, the permit should be renewed for a period of two (2) years. i 2. Removal of sand/gmvel from the point bar should be accomplished during low river flows when the sand bar is dry. This will prevent sedimentation of the river during materials removal. ' 3. Existing natural vegetated buffers should not be dishirbed. During any new land clearing activities, woody debris (slash or large trees) removed during development of the site should be placed along the outer stockpile/compost area construction limits in the form of brush piles and downed logs to provide cover andlnesting habitat for wildlife. These should be placed so they will not be subject to floodwater disturbances. Mailing Address: Division of Inland Fisheries a 1721 Mail Service Center a Raleigh, NC 27699-1721 Telephone: (919) 707-0220 a Fax: 1 (919) 707-0028 ® o �� Asphalt Paving of Shelby - Lalkale Pit -Page 2 - 0 September 30, 2010 4. Should any stream relocation activities become necessary, relocations should use state-of- the-art bioengineering techniques. Clean Water Act 404 permits and 401 certifications must be obtained from the US Army Corps of Engineers and the NC Division of Water Quality prior to any channel relocation. Native riparian plants should be incorporated into stream relocation. Where practicable, fifty (50) foot undisturbed natural buffers should be established for intermittent channels and one hundred (100) foot undisturbed natural buffers should be established for perennial streams. 5. Any stream crossings necessary should provide for aquatic life passage. Bridges are preferred over culverts and pipes. Culverts 48 inches diameter or larger should be buried a foot into the streambed. Culverts less than 48 inches diameter should be buried to a depth equal to or greater than 20% their size to allow for aquatic life passage. These measurements must be based on natural thalweg depths. 6. Stringent erosion control measures should be installed where soil is disturbed and maintained until project completion. 7. Non-native plants should be removed from the seeding schedule. Native plants are preferred and recommended for revegetation and reclamation activities. For riparian edges, we recommend planting disturbed banks with autochthonous (native) plants like silky dogwood, red maple, silky willow, tag alder, black willow, sycamore, river birch, or other native woody species. The attached plant recommendations may be useful for revegetation activities. Attachment: Seed Mixes for Revegetating Disturbed Sites Cc: David Dedmon, Sr. Lawndale Pit Manager 124 Longbranch Road Kings Mountain, North Carolina 28086 Asphalt Paving of Shelby — Artie Pit -Page 3 - ® September 30, 2010 Seed Mixes for Revegetating Disturbed Sites Basic Mix Oats Marlon , Wheat (Jul -Nov), or Rye Grain Dec -Feb 1-2 be / ac $ 5-10 ban Red Clover Tri olium prateme 10 Ibs / acre $ 3 / lb Creaciting Red Fescue Festuca rabra 20 Ibs I acre $ 2-3 / lb -The Basic Mix can be sown on disturbed sites in the mountains and upper piedmont year round but spring or fall seeding will result in a better stand. It is important to use all of the components of the Basic Mix. The cover crop grain & legume provide rapid green -up while the creeping red fescue is developing. These components can be obtained locally. - Grains like oats, wheat, and rye may be sold by weight (pounds) or by volume (bushels). To simplify things, this mix recommends I — 2 BAGS of grain rather than pounds or bushels. With this mix, I bag or about 50 — 60 Ibs per acre should be adequate for most sites, but where slope or soil conditions warrant, increase grain amounts to 100 —120 Ibs (use 2 bags). -The perennial grass will establish within the first year and is the key to good site stabilization. Creeping and fescue has a wide range of adaptation when used for erosion control along roads and highways; cuts, fills, and other disturbed areas; and for stream and channel bank stabilization. It thrives in sun or shade, and is drought -resistant after establishment. For permanent seeding of harsh dry sites, Hard Fescue Festuca 10 Ibs / acre brevi ila . track h Ra an be added to the Basic Mix Application Notes - Disturbed sites with loose soils can usually be sown without extensive seedbed preparation if seeded as soon as the other work is completed. - Where necessary, prepare seedbed with conventional farm equipment (tractor and disk), or the soil surface can be bladed and then tracked with a bulldozer. Hydro -seeding can be used with the Basic Mix for slopes where equipment access is difficult, - Red fescue is adapted to sandy and acid soils so extensive soil amendments are usually not needed. On poor and subsoil sites, a low nitrogen fertilizer such as 5-10-10 may be required. - If required, apply any necessary soil amendments, then drill or broadcast the seed mix. - The larger cover crop grains can be sown separately first and covered lightly to prevent loss of seed from wildlife such as turkeys and doves. -The rest of the seed mix should then be sown, but not covered with soil. It is beRer to firm the small seed into the soil than to try to cover it. - Culti-pack conventional seedbeds to ensure good seed -to -soil contact Tracked sites will fill in on their own from rainfall. V, Asphalt Paving of Shelby — L dale Pit -Page 4 - ® September 30, 2010 - Apply straw mulch at a minimum of 15 bales per acre to help enhance soil moisture as well as hold the soil in place until the seed germinates. Use higher rates as site conditions warrant. - If the site calls for it, natural fiber matting is recommended over plastic matting or matting that contains strands of plastic that can entrap small animals, - Monitor the site until the perennial grass component is fully established. Mature stands of the Basic Mix are short-statured and will not require mowing, The seeded mix should persist for many years, but will eventually yield to developing successional species. - Native wildflowers and grasses can be added to the Basic Mix to beautify and diversify the site, and provide food and cover for wildlife such as deer, turkey, quail, and songbirds. The following lists contain native species that are reasonably priced as natives go. The easy, proven performers are listed at the top of the tables, with the more challenging species towards the bottom. These seeds can be ordered from a reputable seed dealer. For sources, refer to Wildlife Seed List at htti)://www.ncwildlife.ordWildlife Species Con/WSC WPM.htm . - Mixes with native seed can be culti-packed or tracked in with a bulldozer; hydro -seeding is apparently not recommended. Mixes with mainly wildflowers can be sown in early fall. Note - when adding native Panicum grass seed, sow the mix in late fall, winter, or early spring to subject the seed to cool, moist soil conditions necessary to break seed dormancy. Sowing during the warmer months may delay Panicum germination until the following year, and some seed may be lost in the interim. - For information on each native species listed here, visit http:///plants.usda.aav/; type in the scientific name in the search box. Note - adding natives will increase the heightof the resulting stands, providing good wildlife habitat. Frequent mowing destroys food & cover and is not recommended. Mow once every few years, in late winter, only if absolutely necessary to remove encroaching woody vegetation. Nativespecies for dry sites — add to Basic Mix at 1-2 lbs / acre Black Eyed Susan Rudheckia hirta $ 16 / lb 'Showy Partridge Pea Chamaecrista Cassia asiculala $ 14/lb Lanced -leaved Corea sis Coreo sis lanceolate $ 14 / lb Switch ass Panicum vir alum `Blackwell' $ 8/lb Big Bluestem Andre o on gerardii $ 101 lb Purple Coneflower Echinacea puTurea $ 20 / lb Deertongue Dicanthelium (Panicum) clandestinum `Tio a' $ 12 / lb Native s eies for damp sites— add to Basic Mix at 1 lb / acre Showy Bidens Ridens aristosa $ 16 / lb Black Eyed Susan Rudheckia hirta $ 16 / lb Showy Partridge Pea Chamaecrista Cassia asiculata $ 14 / lb Pennsylvania Smartweed Pol onum penylvanicum $ 16 / lb Switch ass Panicum vir alum `Cave -in -Rock' or `Kanlow' $ 9 / !b Smooth or Fall Panic ass Panicum dichotomi onum $ 10 / lb Beaked Panic ass Panicum antes $ 161 Ib NCwRC(2010 Rodgers, Ashley From: Rodgers, Ashley Sent: Wednesday, September 29, 2010 12:47 PM To: Krebs, Rob Cc: Khan, Zahid Subject: 23-15 DWQ Mining Review Sheet Attachments: 23-15 DWQ Mining Review Sheet.doc Rob, Attached is the DWQ review form for the renewal of Asphalt Paving of She Iby's Lawn daIa Pit. Please forward to the appropriate person(s) for review. Let me know if you have any questions. Thanks! Ashley Print this form to PDF Return PDF of this form to DLR CO by email. cc DLR RO and DWQ SPU MINING PERMIT APPLICATION R&IEW FORM for the DIVISION OF WATER QUALITY Project Name: Lawndale Pit DLR Permit #: 23-15 County: Cleveland Address: PO Box 1526, Shelby, NC 28151 ; Mine office address: 124 LonQbranch Road, Kings Mountain, _NC 28086 YES NO Date Commencing Is this mine a new mine? r V April 22, 1988 Have land disturbing activities started? Date? r 1988 Latitude:35.419 Longitude:-81.5637 Please return comments to (at DLR CO): Ashley -Rodgers Comments due by: 10/22/10 SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments -.- Waters hed/Strea m Name & Classification: DWQ Compliance Status of Mine: YES NO NPDES permit required? NPDES permit existing? r (Permit # ) If an NPDES permit is not required, is DWQ still concerned about wetland degradation_ ' Ir by dewatering? Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if r , RO Contact Name: 17- mine has already begun digging or is Contact Reason: dewatering without DWQ permit) 401 Wetland Cert. required? _ 401 Wetland Cert. existing? r Permit # r Does DWQ RO currently have enough information to determine if a 401 r ' certification is required? „ Rev September 2010 Print this form to PDF Return PDF of this form to CO by email. cc Dt_R RO and DWQ SPU YES NO Are wetlands disturbed at this site? Does DWQ RO suspect or know of nearby ` F wetlands to the site? Is a wetland delineation required prior to 'r " By: i__ , JD or ir-J, Consultant DWQ issuing the permit? ,I -Onsite? Or 2Offsite? Stream Determination Needed? r Stream Determination Completed? µ� l Does DWQ RO' need a statement that no wetlands/streams are disturbed F"" , r for this project from applicant? Buffer Determination Needed? �r r Buffer Determination Completed? r Recycle system permit existing?* r_ _Permit # r' New Recycle System permit required?" r r Enough information to determine? Non -discharge permit existing?* ;r „Permit # l^ Will wastewaters discharge to HQW waters r r -7Q10 Unknown (permittee determine). r with a 7Q10=0? ** Flow: r .'Has Violation r '- O&M Requirements, Does DWQ require DLR to hold the permit 1- HQWl7Q10 Concerns (e.g. so DWQ can review it further or - Fr. 30ther. Reason: F because DWQ requires more information)? RO contact: F, Hold Until. - Mine must wait to dewater until an O&M r plan is approved? "The NPOES SW and WW permit NCG020000 covers closed -loop recycle systems, designed to exclude all stormwater run-off from the system and operate at orbelow two -feet of freeboard, These systems maybe permitted by a Non-d _ ischarpe Recycle System Permit from the Aquifer Protection Section (APS), OR may instead be permitted under NCG020000 to eliminate an additional permit. Recycle systems that do not meet those criteria are considered discharoino systems, and are subiect to the NCGO20000 discharge ee anit. —To obtain 7010 !lows, permittees must contact the DWQ Stormwater Permitting Unit. If DWQ does not have a flow estimate for a specific stream, permittees will be asked to obtain one, Perrrlittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies. Reviewed by: DWQ RO Surface Water: Regional Office: RO Aquifer Protection Section: Regional Office SPU DWQ Central Office Reviewer (if applicable): Date: Date: Rev September 2010 o a MINING CHECKLIST FOR ROUTING AyyUtAnt'S NM: L71 to POt 6 (U d F - ROjed NM: J,DUW nu 0(J P1'4" AyyhC.)PamRNa.: I� Cmnlf: ('.(Vr4(4. , WC RLCGwd: I/a� R[VLewer: 1' 1 . ^ a &C e l � Rhn Wn NM! MG A, v ❑ NM 6e"Al ❑ Modiftwum(LARdtyermtt kum&w) ElMadi�ratlatt(mtaieynmlthmwdarta) ❑ Traufer ❑ Re6a ❑ Pmttal Rdeate ❑ Addmawal i0 maf n ❑ Fa Needed: $ X Fa ReatmL. $ Pltax mWe euRn al7heap0tl Pathape fA: A RESWud � (2 MvTk myke awth Ae itg Romd Oglte MI" Ayryllmnm xmlew /ththWt' b ou myy and dtath lnth tXt D� j Dl��MWqq A,7BMUM Rtnew ea to the otM taffy; Smd bath MYW tO Iht Rymmd E�uR) DO&: ROW e I2 frlltReed t46 P: L)1v1aoX of walEE RErwmma Daft. RmW Rerd NC WMh Rm M CMMLWM Dole.. RmtEd L k Rend ❑ uS Pah A wtldhfe &Erna rmLa RmtEd Red (only new ayylltatlou aad mah�latlm rr9ueQs ItirA add lanA fa fheytrmlf) Phan ante hra S rau s of & aphuttoa mud my kwaow maps to ❑ DLMmofPAAReauftm Dale: Rmltd REC'd ❑ NC Geohowl survey Secum Date: ROW Ra'd ❑ DfVLSWn of MAAm FLS6 Date: Rated Reed ❑ L� Dtdit of ROd A Water Cam ANAtl (➢L S LEA) Date: Routed Rend (ody mw Thawaand nadfwun mfmt that add lam?m fheym [) ❑ DIVWM of Ankh A Ratmy Daft: Rented Reed (only mw a 6gumt) ❑ othm Date: Rmfed Reed "SRSgeNg Date for CoMWMtS: I �) We i I) (w kkr than zs days fmm Two) t ( ❑ Aw wL-the follawtnaq: IVL4,nu Ash • ,AAA • 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 September 28, 2010 MEMORANDUM TO: Mr. Ron Linville Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Asphalt Paving of Shelby, Inc. Lawndale Pit Cleveland County Beverly Eaves Perdue, Governor Dee Freeman, Secretary Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by October 22, 2010 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this. office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation_ However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection. it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Ashley Rodgers (919) 733- 4574 if you have any questions. ` Ibmh Attachments cc: Mr, Zahid Khan 1612 Mail Service Center, Raleigh, Nwh Carolina 27699-1612 - 919-733-45741 FAX: 919.733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 A7iA. 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 September 28, 2010 MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Resources FROM: Brenda M. Harri ;�i� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Asphalt Paving of Shelby, Inc. Lawndale Pit Cleveland County Mine Dewatering Proposed Beverly Eaves Perdue, Governor Dee Freeman, Secretary ® 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 October 22, 2010 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated.: We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS ANDWAPS 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. Zahid Khan 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 ASPHALT PAVING OF SHELBY, INC. P.O. BOX 1526: SHELBY, N.C. 28151 1526 THE FIRST NATIONAL BANK SHELBY, NORTH CAROLINA 66-168/531 9/22/2010 ,v TO HE 90EROF NCDEHNR LAND QUALITY $ "760.00 Seven Hundred Fifty and 00/100""'"••••»•••••,•""`•••••""'•••»••«•••«•""•••««•••"`•••... 1 "•••••'•`•• MLLARS Attention: Ms Ashley Rodgers ASPHALT PAVING OF SHELBY, INC. 8 Assistant Mining Specialist NCDENR-Land QualitySection Conte 1612 Mail Service Center IEMO Raleigh NC 27699-1612 Minino Permit Renewal for Lawndale Pit 10 0 ASPHALT PAVING OF SHELBY, INCORPORATED PO BOX 1526 — PHONE 739-4568 OFFICE & PLANT HIGHWAY 74 EAST SHELBY, NORTH CAROL,INA 28151-1526 8/27/2010 Mr. Zahid Kahn Division of Land Resources NCDENR 610 East Center Ave. Mooresville, NC 28115 Re: Renewal of Permit No. 23-15 Lawndale Pit Cleveland County Broad River Basin Dear Mr. Kahn: In accordance with the requirements of the Mining Act of 1971, we are requesting a five year renewal of the above referenced mine permit. As part of this request we are writing this letter to address that the renewal of this permit will not invoke any of the seven denial criteria as listed under G.S. 74-51 of the Mining Act. During a mine inspection on 16 November 2009 we were found to be not in compliance with the operating conditions of the permit. The report stated that we were not in compliance due to the fact that a berm was not properly constructed or vegetated. In our defense we have a letter from the Raleigh Office dated 15 November 1995 stating that due to excessive flooding, shallow river banks and the nature of the operation maintaining established berms and buffers is not practical. In the next paragraph was the statement that this requirement was stricken from the permit (see enclosure 1). Since we are in possession of the said letter we have only maintained the required berms while the mine is in actual operation. The operation of this mine has had no adverse effect on the groundwater, wildlife, or fresh water fisheries. The operation has not, nor will not violate the quality standards of air quality, or the quality of surface or ground waters. This operation does not constitute a direct or substantial physical hazard to the surrounding environment, public lands, recreation facilities, or any surrounding structures or public roads. In the years of operation, this operation has not posed a substantial threat to increased deposition of sediment, susceptibility to landslide, or the introduction of acidic water or pollution. As the operator of the mine, Asphalt Paving of Shelby, Inc. has not been in substantial compliance of the operating conditions of the existing permit, nor has it had any revocation or forfeiture of bond related to any violation, conviction, court order or civil fine related to the operation of this mine under G.S. 64. The last inspection on 3 August 2010, Mr. Ryan Kormanik of the Land Quality Section found this operation to be operating in compliance with the Operating Conditions and Reclamation Conditions of the permit issued. 0 IrI L As for the reasons stated above, we find there has been no activity at this operation that would invoke any of the seven denial criteria for renewal of the permit for an additional five years. Please find enclosed the necessary paperwork and fees to support our request for a renewal of this mining permit. Should you have any questions, please do not hesitate to call me at 704-739-4568. Best regards, Asphalt Paving of Shelby, Inc. Donald G. Dedmon, Sr. Secretary/Treasurer Enclosures: (1) NCDEHNR letter dated 11/15/1995 (2) Mining Permit Application (3) Section A — A (4) Mine Map (5) USGS Lawndale Quadrangle i i State of North Carolina Department of Environment, { Health and Natural Resources A • • Division of Land resources ^WIN% 000% OOM I V 21 James B. Hunt, Jr., Governor pe E H N Jonathan B. Howes, Secretary Charles Gardner, P.G., P.E. Director and State Geologist November 15, 1995 Mr. Donald G. Dedmon Assistant Vase President Asphalt Paving of,Shelby, Inc. P.O. Box 1526 Shelby, North Carolina 28151 RE: Grady Ward Complaint Lawndale Pit Mining Permit No. 23-15 Cleveland County Dear Mr. Dedmon: As you will note from the enclosed correspondence dated November 1, 1995 to Mr. Grady Ward, Mr. Ward has recently contacted this office and alleged that your company's mining operation has resulted in increased erosion of his farm and associated drainages. This office has investigated Mr. Ward's concerns and has determined that the erosion problems are more likely caused by the natural fluctuations of the river itself, mainly during periodic flooding. However, it is suggested that you contact Mr. Ward directly and discuss this matter with him. Mr. Ward's telephone number is (704) 538-3397. It is hoped that the two of you can reach a mutually agreeable resolution to Mr. Ward's concerns. Through our investigation of Mr. Ward's concerns, it was noted that your company has not been complying with Operating Conditions Nos. 6.B., 7.A. and 7.B. of Mining Permit No. 23-15. However, it was noted by Mr. Jerry Cook of our Mooresville Regional Office that it is not practical for your company to maintain established vegetated berms and buffers along the river in light of the excessive flooding, shallow river banks, and the nature of your operation, in which you excavate sand from the sandbar in the river. Geological Survey Section Land Quality Section Geodetic Survey Section (919) 733-2423 (919) 733-4674 (919) 733-3836 FAX; (919) 733-0900 FAY,: 733-2876 FAX: 733-4407 P.O. Box 27687, Raleigh. North Carolina 2761 1-7687 Telephone 919-733-3833 FAX 919-733-4407 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper 0 0 Mr, Dedmon Page 2 In light of the above, this office has modified Mining Permit No. 23-15 to remove these conditions and update the permit to reflect the Department's current standard conditions for instream sand dipping operations. A copy of the modified permit is enclosed for your future reference. If you do not agree with this modification to your company's mining permit, you have a right to request a hearing pursuant to G.S. 74-57 to discuss this matter further. Your cooperation in this matter will be greatly appreciated. If you should have any questions on the above, please contact Mr. Tracy Davis, State Mining Specialist, at (919) 733-4574 or Mr. Cook at (704) 663-1699. Sincerely, Charles H. Gardner, P.G., P.E. CHG/td 1 Enclosures: Modified Mining Permit No. 23-1.5 November 1, 1995 letter to Grady Ward cc: Mr. Tracy Davis, P.E. Mr. Jerry Cook, P.E. Mr. Grady Ward NORTH CAROLINA MINING PERMIT APPILICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section ty DIVISION OF LAND R URCES LAND QUALITY CTION RFCF 1Fh a 4 2010 I MENT OF ENVIkUNMENT n^ q" RMURCES RECEIVED 5EP 27 IG10 uq�iTY SECTION 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 733-4574 Revised: January 30. 2008 APPLICATION FOR A MININ ERMIT • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION RECE APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) SEP 404 cnNB QUALITY SECTION I. Name of Mine Lawndalc Pit County Cleveland River Basin Broad River Latitude (decimal degrees to four places) 81--33--30 Longitude (decimal degrees to four places) 35--24--55 2. Name of Applicant* Asphalt Paving of Shelby. Inc. 3. Permanent address for receipt of official mail** P.O. Box 1526, Shelby, NC 28151 Telephone (704) 739-4568 Alternate No. (704) 739-4560 4. Mine Office Address 124 Longbranch Rd., Kings Mountian NC 28086 Telephone (704) 739-4568 5. Mine Manager Donald Dedmon 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 he cause for permit revocation. L L �S2— Dale (/ZZ- 12010 Print Name Donald G. Dedmon. Sr. Title Secretary/Treasurer * 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. -2- APPLICATION FOR A MININGPERMIT 'NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ® If this is an application for RENEWAL of a mining permit,.indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 23-15 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 2 ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (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 ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand 3. Mining method: B Hydraulic Dredge H Front-end Loader & Truck ❑ Shovel & Truck Dragline & 'Truck Self -loading Scraper Other (explain): Excavator and Truck 4. a. Expected maximum depth of mine (feet) ± 8 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Ground Level b. Expected average depth of mine (feet) ± 6 - 3 - V APPLICATION FOR A MININ ERMIT u Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? March 2010 6. Number of years for which the permit is requested (10 years maximum): 5 B. MAPS Clearly mark and label the location of your mining operation on six (6) copies of 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°i Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 www.ueolouv.enr.state.nc.usl 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.ncdot.orp,/it/L,isContact/default.html 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. is 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 noodplain 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; it -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 ofmine 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 ACRI---AGE MAP SCALE 0-49 Acres l inch = 50 feet 50-199 Acres i 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 MININCPERMIT • A table/chart must be provided on the mine mapp. that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit.. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 0 Stockpiles 0.9 Wastepiles 0 ]'recessing Area/1-laul Roads 0-4 Mine Excavation 0.4 Other (Explain) 0 Total Disturbed Acreage 1.7 NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. n 0- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES Describe in detail the sequence of events for the development arid operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. The area to be mined is a natural sand pit. During a storm event, the river rises and deposits sand in the natural bend of the river. An excavator will be used to mine the sand bar and the material will be stockpiled on this same sand bar. No mining in the river shall occur between May 1 and July 31 of any year to prevent disruption of fish spawning activities. No wetlands are anticipated to be disturbed. 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. Locale 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. The existing operating plan of constructing the safety berm required by MSHA along the sand bar that also seconds as the primary ESC measure has proven to be effective in mitigating any concerns and will be followed as such. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No®. If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? Yes ❑ No Z. Ifyes, briefly describe the nature ofthe discharge and locate all proposed discharge points (along with their method of stab ili.-ation) on your mine map(v). c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ❑ No Z. If yes, do you intend to dewater the excavation(s)? Yes ❑ No ❑. f 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 mop(v) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. 4. a. Will the operation involve crushing or any other air contaminant. emissions? Yes ❑ No ®. 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? Excessive amounts of fugitive dust will be controlled by wetting appropriate working areas, adjusting operational activities, controlling traffic volume and speed, or other similar means. -7- APPLICATION FOR A MININA'ERMIT 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. Vegetative buffers have been established between the mining activity and the mining permit boundaries and will not be disturbed. 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 twenty five foot buffer will be maintained between the mining activity and mining permit boundaries. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining pen -nit 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. No land disturbing activities will be conducted. No wetland areas will be impacted by the mining procedures. I -low 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). 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. Mining activities will not extend close enough to adjoining permit boundaries to cause any landslides or slope instability. 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. 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(5). Excavated slopes in unconsolidated materials will be maintained at A : I or flatter. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles ref the cut slopes, widths ofall safety benches and mine benches, and the expected maximum depth of the excavation. NIA WA APPLICATION FOR A MININ PERMIT 40 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. Mining activities will not extend close enough to any neighboring structure to cause any physical hazard. 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 he used must be indicated on the mine map(s). There will be no high wall. 9. Are acid producing minerals or soils present? Yes ❑ No Z. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specifie plans (including a schedule of implementation) .for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine maps) and provide cross -sections through all proposed berms or proposed spacing .sizes and species for tree plantings. Existing vegetation in buffer zones will remain. 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? None 11. Will explosives be used? Yes ❑ No Z. 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 of occupied structure(v) 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 Z. Ifye.s, describe these materials, how they will be .stored and method ofeontainment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). I). RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical crass -sections, of any permanent channels to he constructed as part of the reclamation plan and the location(s) ofall permanent channels must be indicated on the reclamation map. After the sand is removed from the stockpile area, the area will be leveled and smoothed to prevent pooling. Other disturbed areas will be graded and stabilized, and the channel banks will be restored to as near the natural condition as practical. !sl APPLICATION FOR A MININGTI'ERMIT 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ❑ No N. If yes, illustrate the location of the body(y) Uf water on the reclamation map and provide a scaled cross-section(r) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ❑ No ❑ If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must he shown on the reclamation map. NIA -- unconsolidated materials 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 locutions for such areas must he provided on the reclamation map. This mine does not generate any on -site wastes. �. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. Stockpile and other working areas shall be leveled, smoothed and revegetated as necessary. The access road shall be stabilized and revegetated as appropriate. b. Will any on -site roadways be left as part of the reclamation? Yes ® No ❑. lfyes, identify s uch roadways on the reclamation map and provide details on permanent road and ditch line stabilization. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) Industrial waste will be disposed of offsite. No off -site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must he clearly delineated on the mine maps) and reclamation map, along with a list of items to he disposed in said areas. 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of - 30- APPLICATION FOR A MININPERMIT 0 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 Oh APPLICATION (tons/acre): 2000 Ibs/acre or follow recommendations from a soil test. FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 1000 lbs/acre 8-8-8 or 10-10-10, or follow the recommendations from a soil test. SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Korean Lespedcza Fescue Redtop Winter Rye (grain) Common Bermuda Lespedeza (unscarified) German Millet Rye (grain — temporary) Seeding Dates: Seeding Rates: 15 February — I April 10 lbslacre 40 lbslacre 1 lbslacre 15 lbslacre 1 April — 31 July 50 lbslacre 1 August — 25 October 30 lbslacre 40 lbslacre 25 October — 15 February 120 lbslacre MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: All seeded areas shall be mulched using small grain straw at a rate of 2,000 lbslacre and anchored using emulsified asphalt tack. OTHER VEGETATIVE COVERS —TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): NIA Revegetation and/or reforestation plan approved by: Signature _ Print Name "Title Agency Date APPLICATION FOR A MININ4 HERMIT • E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculalion workvheet is to be used to establish an appropriate bond (based upon a range of 5500 to S5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affcted duringthe life ofthe miningperma. Please invert the approximate acreage or each AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE` COST 'railings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. _ $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: Ac. X $ /Ac. _ $ Mine Excavation: Ac. X $ /Ac. _ $ Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: Ac.) Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offshe sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 — $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (I to 10 years): INFLATION COST: $ TOTAL COST — SUBTOTAL COST+ INFLATION COST = 3 Total Reclamation Bond Cost: S (round down to the nearest $100.00) 12. i APPLICATION FOR A MININGPERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" farm, 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. NIA NOTES: 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" - 13 - APPLICATION FOR A MINING OMIT MINING FEE SCHEDULE Anon refundable permit application processing fee when filing for anew mining permit, a major permit modification or a renewal permit is required as follows: 0-25 acres 26+acres New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750,00 $1,000.00 Permit Renewals $750.00 $1,000.00 Transfers/Minor Modifications* $100.00 $100.00 " A nonrefundable $100.00 permit application processing; fee is required for minor permit modifications. Minor permit modifications include ownership transfers, name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major permit modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by 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. - 17- APPLICATION FOR A MINING *MIT P There are seven Land Quality Section (LQS) 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 Fast Center Ave., Suite 301, Mooresville, NC 28115 • Voice:704.663.1699 • 17AX:704,663.6040 Raleigh Regional Office • Counties: Chatham, Durham, Edgccombe, 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 - 18 - APPLICATION FOR A MINING *MIT • 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:910.350.2018 Winston-Salem Regional Office • Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, Surry, Watauga, Wilkes, Yadkin • Address: 585 Waughtown Street, Winston-Salem, NC 27107 • Voice:336.771.5000 FAX: 336.771.4631 APPLICATION FOR A MINING OMIT 0 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.prles _ _ _ 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, M1, 1500(FI) 2500(PD) Ll, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL I000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(I-) 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. SAIL) ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: • FINAL GRADING COSTS PER ACRE + LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) • MULCH AND ANCHORING COSTS PER ACRE • ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. -20- u SECTION A o A° (NOT TO SCALE) PERMITTED AREA IGO YEAR FLOOD VEGETATIVE LEVEL ZONE 'd 6 - 8' TOCKPILE AREA , AN z,1 (1% ,."' IM'l, flu�plll�IYI aP6 �f 3 _ a, 7 — Nov 3 - -. F Nfl M. J 1 , 6 Z i' f I 1 5 - d _ \ a - - - 3€ st a a t Y - T/ [ �C RD , T F I _ — as s r - � I 3 / I r I _ S S 71 i - I { r r I k r I Ad — w € 1- � 9a _ I - r ti S S 3 - sa _ i j s iY r — — 1 - 1 _ _To Ir I I 1 'ANA s - L� �kr.N — On - win e 3 Sea tl -. 9 - ll _ I� a- a- s i s 1: all H — _€ 4 ! I r - !' NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Director and State Geologist Mr. Donald G. Dedmon, Sr. Asphalt Paving of Shelby, Inc. PO Box 1526 Shelby, North Carolina 28151-1526 Re: Permit No. 23-15 Lawndale Pit Cleveland County Broad River Basin Dear Mr. Dedmon: Land Quality Section October 29, 2008 Michael F. Easley, Governor William G. Ross Jr., Secretary 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 enclosing the mining permit. The Conditions of Mining Permit No. 23-15 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 October 29, 2010. Your. application-for_renewal.of-the above- referenced- mining.permit has been approved. A copy of the renewed permit is enclosed. The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request and as required to insure compliance with The Mining Act of 1971. A continuing concern about instream mining has been expressed by the wildlife agencies. The stream bank disturbance from dragline operations causes particular concern because of the potential for erosion and sedimentation and ecological impacts because of the removal of riparian vegetation. The request for a mining permit that includes use of a dragline is being renewed for a period of only two years. During this two year period, efforts must be made to restore a vegetated buffer as required in operating condition #8 where the riverbank has been disturbed. Because of the streambank destructive nature of dragline instream mining, it is highly recommended that dragline activities be phased out during the life of this permit, as instream dragline operations may not be permitted in the future. Also, please note mining is confined to the permit boundary in the First Broad River. 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 ti Affirmative Action Employer — 50% Recycled l 10% Post Consumer Paper Mr. Dedmon October 29, 2008 Page Two As a reminder, your permitted acreage is 2.0 acres and the amount of the land you are allowed to disturb at this site is 1.7 acres. Please review the renewed permit and advise this office at (919) 733-4574 should you have any questions concerning this matter. Sinc rely, Floyd R. Williams, PG, CPG, CPESC -State Mining Specialist Land Quality Section FRW/jw Enclosure cc: Mr. Zahid Khan Ms, Shannon Deaton-WRC, w/enclosures Mr. Bradley Bennett-DWQ, w/enclosures Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosure 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 8, and other applicable laws, rules and regulations Permission is hereby granted to: Asphalt Paving of Shelby Lawndale Mine Cleveland County — Permit No. 23-15 for the operation of a - - _ - --- -- Sand Dipping Operation 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: October 29, 2010 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, 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 the 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 Whenever 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 July 13, 198.8: This permit has been modified to allow the use of a dragline as outlined by the modification request dated June 24, 1988. November 15, 1995: This permit has been modified to delete Operating Condition No. 613, 7A, and 78 as these conditions are not applicable to this site. Expiration Date This permit shall be effective from the date of its issuance until October 29, 2010. Page 3 Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental 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. The channel of the waterway shall not be diverted, constricted, or widened. B. No mining shall occur beyond the centerline of the First Broad River. C. Stockpiles shall be removed daily from the point bar to prevent flooding and sedimentation of the river and adjoining properties. 4. Any mining activity affecting waters of the State, water of the U. S., or wetlands shall be in accordance with the requirements and regulation promulgated and enforced by the NC Environmental Management Commission. 5. A. No mining shall occur in the First Broad River between May 1 and July 31 of any year to prevent disruption of fish spawning activities. B. Removal of sand/gravel from the point bar shall only occur during periods of low flow when the sand bar is dry to,prevent sedimentation of the river during material removal. Page 4 6. 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. Mining activities shall be conducted as indicated on the Mine Map dated January 16, 1998 and received by the Land Quality Section on February 25, 2008 and supplemental information received by the Land Quality Section on February 25, 2008, July 3, 2008, and September 16, 2008. 7. All affected area boundaries on land (1.7 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 8. A. Riparian vegetation shall be planted immediately to stabilize any exposed riverbanks to prevent continued erosion of said riverbanks. B. No mining related disturbance shall undercut either creek bank C. A minimum 25-foot undisturbed buffer shall be maintained along the riverbank, except in those minimal areas where access during the operation is essential (i.e. boat ramp, discharge pipes, etc.). At such access points, stabilizing roots and stumps shall not be removed or otherwise disturbed on the riverbank. 9. A. To ensure safety to boaters and others who may use the section of the First Broad River covered -by this mining -permit; signs shall be placed on the -bank of the river at the upstream extremity and the downstream extremity of the dipping operation warning river traffic of said operation. B. As river traffic approaches, the dragline operation shall stop and allow the traffic to safely pass before dipping is resumed. 11 10, 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. 11. 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. The following steps shall be taken at this mine site to ensure safety to boaters and others who may use the section of the river covered by this mining permit: Page 5 12. 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 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 C.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: I. 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. 13. Sufficient buffer (minimum of 100 feet) shall be maintained between any mining related activities and (other than the. centerline of the river) any adjoining property line/permit boundary, right-of-way, bridge abutment or other structure to protect adjacent property. 14. 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. 15. 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 the approved application for a mining permit or any approved revision to it. Page 6 Approval to implement such changes must be obtained from the Department prior to on - site implementation of the revisions. 16. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $2,700.00 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. 17. 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. --- 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 grade and revegetate the disturbed land areas. 2. The specifications for surface gradient restoration to a surface suitable for the. planned future use are as follows: A. The river banks shall be restored to as near the natural condition as possible. Page 8 3 0 B. Any processing, stockpile, and other disturbed areas neighboring the mine excavation, including the haul road, shall be leveled, smoothed and stabilized. C. Compacted surfaces shall be disked, subsoiled or otherwise prepared before revegetation. 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.12.A. through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Dates Species Rate, Lbs/Acre February 15 — April 1 Korean Lespedeza 10 Fescue 50 Redtop 1 Winter rye (grain) 15 April I — 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 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibs/acre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. 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 9 All disturbed river banks shall be planted with riparian vegetation. It is suggested that reed canary grass be sown at a rate of 15 Ibs, per acre with a mixture of small trees (dogwood, black willow, alder and button bush) and large trees (red maple, green ash, sycamore, cottonwood, bald cypress, river birch and catalpa) planted on ten foot centers along the river bank for stability purposes. 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 (2) years of completion or termination of mining. This permit, issued April 22, 1998, modified July 13, 1988 and November 15, 1995, and renewed May 12, 1998 and March 28, 2003, is hereby renewed this 29" day of October, 2008 pursuant to G.S.74-52. By: amen D. Simons, Director Division of Land Resources By Authority of the Secretary -- --- "— - - - Of theDepartmentof Environment and Naturai Resources - - ' ASPHALT PAVING OF SHELBY, INCORPORATED PO BOX 1526— PHONE 739-4568 OFFICE & PLANT HIGHWAY 74 EAST SHELBY, NORTH CAROLINA 28151-1526 Delivery: Fed Ex Express Direct Signature Required 4/19/2011 Ashley L. Rodgers Assistant State Mining Specialist NCDENR 1612 Mail Service Center Raleigh. NC 27699-1612 RE: Lawndale Pit Permit No. 23-15 Cleveland County Tracking Number: <�71q (7 ZZb-9 i ( 0 -RF-CEIVED k?rR252011 RLITY SECTION Ref: NCDENR Land Quality Section letter dated 9 March 2011 NCDENR Land Quality Section visit to the Lawndale Sand Pit on 1 April 2011 L Dear Ms. Rodgers: Our response to the referenced letter will follow the same chronological order that your letter was written: Yelton Street is a publicly maintained road up to the point designated on the mine map. Please see the attached letter from the Town of Lawndale for verification. 2. The following is a brief synopsis of operations at the mine (please refer to the updated mine map): a. The actual mine boundary follows the river bank as designated on the mine map. b. Due to the natural curve in the river at this point, a sandbar of considerable size is formed. It is on this sand bar that operations occur, however we take steps to ensure that we do not violate the 25 foot buffer originating at the river bank extending onto the sandbar. No mining actually occurs on the riverbank itself. c. When the mine is active our first priority is to ensure the MSHA required vehicle safety berm is in place. This berm is not only constructed for vehicle safety but also acts as a barrier to keep any runoff from our operations from returning directly into the river. d. During operations, a long armed excavator is used to extract sand from the river. e. As the material is dipped from the river, it is placed on the sandbar in the vicinity of the excavator allowing the material to dewater prior to moving it to the stockpile area. f. After a significant amount of material has been dipped from the river and dewatered, a wheeled loader is then used to move the material to the stockpile area. Material is staged in the stockpile area normally for a period no longer than one day. g. The wheel loader is then used to load dump trucks which transport the material from the mine to the asphalt plant where it is stockpiled long term and processed for use in hot mix asphalt. We have revised the mine map as requested during your visit to the mine: a. The actual RIVER BANK will be designated on the map so the PERMIT BOUNDARY is more easily identified. b. The edge of the river will be redesignated as "CURRENT EDGE OF RIVER" so that the actual size of the sandbar and the actual location of the PERMIT BOUNDAY/RIVER BANK are more easily indentified. c. The undisturbed 25 FOOT BUFFER will be "hashed" to make it more easily identified on the mine map. This buffer is an area actually located on the sandbar between the PERMIT BOUNDARY/RIVER BANK and the CURRENT EDGE OF RIVER. d. The area between the 25 FOOT BUFFER and CURRENT EDGE OF RIVER is designated on the map as EXCAVATION AREA. No excavation takes place on the sandbar inside the 25 FOOT BUFFER or within 25 feet of the PERMIT BOUNDARY/RIVER BANK. e. The 100 foot buffer outside the mine permit boundary has been deleted from the map at your request, and since there is no requirement per the regulation for this boundary to exist, we request that it be stricken entirely from the mine permit. We greatly appreciate the visit to the Lawndale Pit by the Land Quality Section. It is our hope that this visit will clarify the many issues we have encountered during several past permitting cycles. Best regards, Asphalt Paving of Shelby, In Donald G. Dedmon, Sr. Secretary[Treasurer Enclosure: Town of Lawndale letter dated 19 April 2011 Apx_19.2011 09.21 AM TOWN OF LAWNDALE 7045393145 PAGE. 2J 2 Town of Lawndale 207 West Main Street Po Box 256 Lawndale, NC 28090 (704) 538-3146 phone (704) 538-3145 fax Tuesday, April 19, 2011 To Whom It May Concern; The Town of Lawndale does maintain Yelton Street at the beginning and the end of said street. The part that is by the river is not maintained by the town, it is in fact maintained by the said property owner. Sincerely, Tracey Staton Town Clerk ASPHALT PAVING OF SHELBY, INCORPORATED PO BOX 1526 — PHONE 739-4568 OFFICE & PLANT HIGHWAY 74 EAST SHELBY, NORTH CAROLINA 28151-1526 Delivery: Fed Ex Express Tracking Number:��� Z7ry Direct Signature Required 4/19/2011 Ashley L. Rodgers Assistant State Mining Specialist NCDENR _ 1612 Mail Service Center R�ECEIVEII Raleigh. NC 27699-1612 RE: Lawndale Pit F APR 2 a 2011 Permit No. 23-15 Cleveland County LANQ QUALITY, SECTION Ref: NCDENR Land Quality Section letter dated 9 March 2011 NCDENR Land Quality Section visit to the Lawndale Sand Pit on 1 April 2011 Dear Ms. Rodgers Our response to the referenced letter will follow the same chronological order that your letter was written: Yelton Street is a publicly maintained road up to the point designated on the mine map. Please see the attached letter from the Town of Lawndale for verification. 2. The following is a brief synopsis of operations at the mine (please refer to the updated mine map): a. The actual mine boundary follows the river bank as designated on the mine map. b. Due to the natural curve in the river at this point, a sandbar of considerable size is formed. It is on this sand bar that operations occur, however we take steps to ensure that we do not violate the 25 foot buffer originating at the river bank extending onto the sandbar. No mining actually occurs on the riverbank itself. c. When the mine is active our first priority is to ensure the MSHA required vehicle safety berm is in place. This berm is not only constructed for vehicle safety but also acts as a barrier to keep any runoff from our operations from returning directly into the river. d. During operations, a long armed excavator is used to extract sand from the river. e. As the material is dipped from the river, it is placed on the sandbar in the vicinity of the excavator allowing the material to dewater prior to moving it to the stockpile area. f. After a significant amount of material has been dipped from the river and dewatered, a wheeled loader is then used to move the material to the stockpile area. Material is staged in the stockpile area normally for a period no longer than one day. g. The wheel loader is then used to load dump trucks which transport the material from the mine to the asphalt plant where it is stockpiled long term and processed for use in hot mix asphalt. We have revised the mine map as requested during your visit to the mine: a. The actual RIVER BANK will be designated on the map so the PERMIT BOUNDARY is more easily identified. b. The edge of the river will be redesignated as "CURRENT EDGE OF RIVER" so that the actual size of the sandbar and the actual location of the PERMIT BOUNDAY/RIVER BANK are more easily indentified. c. The undisturbed 25 FOOT BUFFER will be "hashed" to make it more easily identified on the mine map. This buffer is an area actually located on the sandbar between the PERMIT BOUNDARYIRIVER BANK and the CURRENT EDGE. OF RIVER. d. The area between the 25 FOOT BUFFER and CURRENT EDGE OF RIVER is designated on the map as EXCAVATION AREA. No excavation takes place on the sandbar inside the 25 FOOT BUFFER or within 25 feet of the PERMIT BOUNDARY/RIVER BANK. e. The 100 foot buffer outside the mine permit boundary has been deleted from the map at your request, and since there is no requirement per the regulation for this boundary to exist, we request that it be stricken entirely from the mine permit. We greatly appreciate the visit to the Lawndale Pit by the Land Quality Section. It is our hope that this visit will clarify the many issues we have encountered during several past permitting cycles. Best regards, Asphalt Paving of Shelby, lac. Donald G. Dedmon, Sr. Secretary/Treasurer Enclosure: Town of Lawndale letter dated 19 April 2011 Apr.19.2011 09:21 AM TOWN OF LAWNOALE 7045383145 PAGE. 2/ 2 Town of Lawndale 207 West Main Street Po Box 2S6 Lawndale, NC 28090 (704) 538-3146 phone (704) 538-3145 fax Tuesday, April 19, 2011 To Whom It May Concern; The Town of Lawndale does maintain Yelton Street at the beginning and the end of said street. The part that is by the river is not maintained by the town, it is in fact maintained by the said property owner, Sincerely, Tracey Staton Town Clerk ASPHALT PAVING OF SHELBY, INCORPORATED PO SOX 1526 — PHONE 739-4568 OFFICE & PLAINT HIGHWAY 74 EAST SHELBY, NORTH CAROLINA 28151-1526 Delivery: Fed Ex Express Direct Signature Required 4/19/2011 Ashley L. Rodgers Assistant State Mining Specialist NCDENR 1612 Mail Service Center Raleigh. NC 27699-1612 RE: Lawndale Pit Permit No. 23-15 Cleveland County Tracking Number: 0 226S 11 RECEIVED APR 9. 4 20 i 1 Ref: NCDENR Land Quality Section letter dated 9 March 2011 NCDENR Land Quality Section visit to the Lawndale Sand Piton 1 April 2011 Dear Ms. Rodgers: Our response to the referenced letter will follow the same chronological order that your letter was written: Yelton Street is a publicly maintained road up to the point designated on the mine map. Please see the attached letter from the Town of Lawndale for verification. 2. The following is a brief synopsis of operations at the mine {please refer to the updated mine map}: a. The actual mine boundary follows the river bank as designated on the mine map. b. Due to the natural curve in the river at this point, a sandbar of considerable size is formed. It is on this sand bar that operations occur, however we take steps to ensure that we do not violate the 25 foot buffer originating at the river bank extending onto the sandbar. No mining actually occurs on the riverbank itself. c. When the mine is active our first priority is to ensure the MSHA required vehicle safety berm is in place. This berm is not only constructed for vehicle safety but also acts as a barrier to keep any runoff from our operations from returning directly into the river. d. During operations, a long armed excavator is used to extract sand from the river. e. As the material is dipped from the river, it is placed on the sandbar in the vicinity of the excavator allowing the material to dewater prior to moving it to the stockpile area_ f. After a significant amount of material has been dipped from the river and dewatered, a wheeled loader is then used to move the material to the stockpile area. Material is staged in the stockpile area normally for a period no longer than one day. g. The wheel loader is then used to load dump trucks which transport the material from the mine to the asphalt plant where it is stockpiled long term and processed for use in hot mix asphalt. 3. We have revised the mine map as requested during your visit to the mine: a. The actual RIVER BANK will be designated on the map so the PERMIT BOUNDARY is more easily identified. b. The edge of the river will be redesignated as "CURRENT EDGE OF RIVER" so that the actual size of the sandbar and the actual location of the PERMIT BOUNDAY/RIVER BANK are more easily indentified. c. The undisturbed 25 FOOT BUFFER will be "hashed" to make it more easily identified on the mine map. This buffer is an area actually located on the sandbar between the PERMIT BOUNDARYfRiVER BANK and the CURRENT EDGE OF RIVER. d. The area between the 25 FOOT BUFFER and CURRENT EDGE OF RIVER is designated on the map as EXCAVATION AREA. No excavation takes place on the sandbar inside the 25 FOOT BUFFER or within 25 feet of the PERMIT BOUNDARY/RIVER BANK. e. The 100 foot buffer outside the mine permit boundary has been deleted from the map at your request, and since there is no requirement per the regulation for this boundary to exist, we request that it be stricken entirely from the mine permit. We greatly appreciate the visit to the Lawndale Pit by the Land Quality Section. It is our hope that this visit will clarify the many issues we have encountered during several past permitting cycles. Best regards, Asphalt Paving of Shelby, Ix. 0A,�� Donald G. Dedmon, Sr. Secretary/Treasurer Enclosure; Town of Lawndale letter dated 19 April 2011 J,pr.19.2011 09:21 AM TOWN OF LAWNDALE 7045393145 PAGE_ 2J 2 i Town of Lawndale 207 West Main Street Po Box 256 Lawndale, NC 28090 (704) 538-3146 phone (704) 538-3145 fax Tuesday, April 197 2011 To Whom It May Concern; The Town of Lawndale does maintain Yelton Street at the beginning and the end of said street. The part that is by the river is not maintained by the town, it is in fact maintained by the said property owner. Sincerely, Tracey Staton Town Clerk M9lWCMFl Illy MIN m I ..0F 0,00B (BERMS CONSTRUCTED TO CONTAIN STOCKPIIESI AFFECTED ACREAGE TABLE E CAVATION 1.30ACRES STOCKPILE 0. 13 ACRES HAULROADS 0.23ACRES TOTALOISTURBEDAREA 1.66ACRE5 FvOF81IOF RIU VABS.Affll BkTY L IX1RB 1191-IB53 1I 17 SPHALT PAVING OF SHELBY, M MINE MAP, PERMIT NUMBER 23-15 IBEEMs CONSTRUCIm TO CONTAIN STOCKRIE51 AFFECTED ACREAGE TABLE IXCAVATION 1.30ACRES STOCK muQ13 ACRES HAULROADS 0I3ACRES TOTAL DISTURBEDAREl1 1.66 ACRES R EWIYOF ffl m I IMTITLR 1191-1052 Wn •Nn WING OF SHELBY, I PERMIT NUMBER 234 ,.wvFM m+Ex v ...ecflK.HEi 4. KAFF 4. FAF 4. _Qva ^ ..u10M w5^ 3. 4.F 00 BERM CROSS SECTION (BERMS CONSTRUCTED TO CONTNN STOCKPILES) AFFECTEDACREAGE TABLE EXCAVATION 1.30 ACRES STOCKPKE 0.13ACnES HAUL ROADS 0.23ACRES TOTAL DISTURBED AREA 1.66 ACRES PRJPENIYOF IbLHMU S ANO BE)IY L NOPA 119b105a 11A6N Ip x rmi ham' O ASPHALT PAVING OF SHELBY, INC. MINE MAP, PERMIT NUMBER 23-15 AFFECTED ACREAGE TABLE EXCAVATION T."ACRES STOCK RLE 0.MACRES HAUL ROADS 033 MRES TOTALgSS1RBEDAREA T.66ACRES Ro1'9R RI DS.Mb REMLMW 91-ion loan --Cm 2.00 —A.OB—' BERM CROSSS ON (RERMSCONSTRUCIEDTO CONTAIN STOCKPLES) AFFECTED ACREAGE TABLE EXCAVATION 1.30ACRES STOCK HLE 0.13ACRES HAUL ROAM 0.23 ACRES TOTAL DISTURBED AREA I." ACRES rmPmww Wrc SAC+DSEMLwD 11914053 HA61) FCC IO ASPHALT PAVING OF SHELBY, INC. MINE MAP, PERMIT NUMBER 23-15 lAC,Cv F.R. LEDFOREiF5 rC U,d 6W0F0p APPLICATION FOR A MINING PERMIT DIVISION Or LAND ag�soouuRCSg LAND 6UALITY SE'N G. LAND ENTRY AGREEMENT RECEIVED I DEC 15 2010 We hereby grant to the Department or its appointed representatives thelright of entrypdFtravcI.upon our lands oroperation during regular business hours for the purpose of making necess`aty�fiel`dburcpeot ons,ox��tppil8stigations as may be reasonably required in the administration of the Mining Act of 1971. pursuant to G.S'.t"*-'k 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 t 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:/�((� ///��� t(((\���1, 1n,J7.,,, �, J Signature: &Z , �h{.w..Q Signature:* �J"-"�y. ` 416 54 Print Name: Ar Kilho-n9i f-li)VT"T Print Name: -CyG I (Title,if applicable) Company Title: (If applicable) 77 Address: Fb Pok 23 Company: ��i� �.v�rt C' -� ����r� (L't ✓a .��'t lil (, 25iog o Mine Name:. �-C%In y. ok� l-i"C 7-3- r j Telephone: ( ) _ 7 G-M. 1 39r 9 R I S,,Telephone: ( ) -7oq - 73q - qs( r� Date Signed: (2-07_a,oto Date Signed: 6 tN/zG Lo(a *Signature must be the same as the individual who signed Page I of this application. and reclamation maps, and the appropriate processing tee (see next page for tee schedule) In the lorm a cheek or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Ouality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. . la- Cleveland Co., NC -- Printable Map Cleveland County, NC 36061 44085 40643 31T58 34945 J48SB �/� .40 34]55 J41% 34748 34T53 34)39 34743 14942 34941 31960 /34744 a?RVCR,�_ J6950 J4949 ]dTitl 3444834iB8 34745 34709 34i%1 36i92 M710 3009 P 1a g 704 109. 5819 Page I oft \\ ]q35 V JdTSB 4 ]dT20 � )1 ]1 ST 3 ] 3U99 n992 „a„ 34737 )4Wf 4' 703 34781 34%02 36aT9 DISCLAIMER: The information contained on this page is NOT to be construed or used as a legal description". Map information is believed to be accurate but accumci is not guaranteed. Parcels h"-fiamima2 wehoi.K..net/ne/cleveland/nrintahle2asn 12/6/2010 Cleveland Co., NC -- Printable Map Page 2 o f 2 Owner: HORD RICHARD Owner2: HORD BETTY L GIS Deed Reference: 1191 1052 GIS Deeded Acres: 4.81 Calculated Acres: 5.94439697752 School Districts: Elementary: FALLSTON ELEMENTARY Intermediate: Middle: BURNS MIDDLE SCHOOL High: BURNS HIGH SCHOOL Zoning: Class: Municipal Zoning Municipality: Lawndale Flood Zones: Zone: AE Code: 2 Panel Number: 3710263100J 2015 Future Land Use: Use: MUNICIPALITY Jurisdictional Limits: Name: LAWNDALE Voting Precincts: Precinct: Lawndale Parcel No.: 71802 Parcel Addresslesl: 209 E MAIN ST Prior Year's Owner: HORD RICHARD HORD BETTY L 422 CASAR LAWNDALE R LAWNDALE NC 28090-01723 Other Attributes at point 1236896, 616374 Map: L 2 Block: 2 Lot: 13L Deed Reference: Bk. 1191 Pg. 1052 Land Area: 4.810 acres Tax Values: Building Value: $1,900 Land Value: $26,442 Total Value: $28,342 NC House and Senate Districts: Senate: 46th Senate Legis.: 110th House Fire Districts: District: Lawndale 2000 Census Tracts: Census Tract: 950200 Watersheds: Zone: WSIV Historical Inventory: None Soil Types: Soil Type: UdC httpJwww.webgis.net Anderson & Associates, Inc, http:llwww,andassoe.com httnalarcimc2.wehuis.netlne/eleveland/nrintable2.asn 12/6/2010 APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT orvL4ND or LAND NE30URCES LAND OUAL17y SECnON RECEIVED We hereby grant to the Department or its appointed representatives the right of eptryland,tmvel upon our lands or operation during regular business hours for the purpose of making necessary field irispecSb JVo'2 investigations as may be reasonably required in the administration of the Mining Act of 1971)pursunrnitto Q S I4Dry6. AND Ngnt .� .,, _. We further grant to the Department or its appointed representatives the right to macice what8vereahias on the land as maybe reasonably necessary and to take whatever actions as maybe reasonably necessary in order to tarty out reclamation which the operator has failed to complete in the event a band forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: � \nJ JAI{ Signature: J%ir.L...779 thLw. ram/ Signature:* LJ' '/ `Mt • X� ) Print Name: Pr K AOi r- tYri tom' Print Name: t 3zq 1 (Title, if applicable) Company Title: 52C.�TfeC,s (If applicable Address: 9D Eak 2S Company: 7� �nL L�rcjp1e, /f(, Z iO90 Mine Name: Ltx rVO e' t i C Z3 - fj Telephone: ( ) 7 s tc i 3 'Sr 7 L f %.Telephone: ( ) 7014 - -� 3q Date Signed: 11 .O 7 -. s a, t e Date Signed: 6 beoC zo( U *Signature must be the same as the individual who signed Page I of this application. or money t sent to the form. me tee (see next page for lee schedule) to the r irtment of Environment and Natural Resold the address listed on the front cover of this Inqquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 7334574. -18- Cleveland Co., NC -- Printable Map Page I oft DISCLAIMER: The information contained on this page Is NOT to be construed w used as a "legal description". Map information is believed to be accurate but accuracy is not guaranteed. Parcels hnn://amim.0 we.hpis.nef/ne/ceveland/nrintahle2.asn 12/6/2010 Cleveland Co., NC -- Printable Map Page 2 of 2 Owner: HORD RICHARD Owner2: HORD BETTY L GIS Deed Reference: 1191 1052 I GIS Deeded Acres: 4.81 Calculated Acres: 5,94439697752 School Districts: Elementary: l=ALLSTON ELEMENTARY Intermediate: Middle: BURNS MIDDLE SCHOOL High: BURNS HIGH SCHOOL Zoning: Class: Municipal Zoning Municipality: Lawndale Flood Zones: Zone: AE Code: 2 Panel Number: 3710263100J 2015 Future Land Use: Use: MUNICIPALITY Jurisdictional Limits: Name: LAWNDALE Voting Precincts: Precinct: Lawndale Parcel No.: 71802 Parcel Address(es): 209 E MAIN ST Prior Year's Owner: HORD RICHARD HORD BETTY L 422 CASAR LAWNDALE R LAWNDALE NC 28090-0023 Other Attributes at point 1236896, 616374 Map: L 2 Block: 2 Lot: 13L Deed Reference: Bk. 1191 Pg. 1052 Land Area: 4.810 acres Tax Values: Building Value: $1,900 Land Value: $26,442 Total Value: $28,342 NC House and Senate Districts: Senate: 46th Senate Legis.: 110th House Fire Districts: District: Lawndale 2000 Census Tracts: Census Tract: 950200 Watersheds: Zone: WSIV Historical Inventory: None Soil Types: Soil Type: UdC h1tP1/www.webgis.ret Anderson 8 Associates, Inc. httoWwww.andassoc.corn httna/arcinn wehuis_net/nc/cleveland lnrintable2.asn 12/612010 # lIW89cj ONINIW dvw �Niw �k8`13HS d0 JNIAVd 1-lVHdSV • i 0961 C131Va dVW SE)S(1 3H1 408J N3)4V1 SVM dVW 3NIW 3HJa:31QN I 61-3/ 000 JVW tk1INi:)dA GN]9�17 \\-• - -R 7 PWKMOF NEED na Nm 013 �uMrcsuu-seev ..W ^off n 'SEAL e m a m �m Iro ITT IN ED .m - -_ --Q END __-y— ED ._ ... w DEED " .. ,... ... IT. ..a . CROSS SERN)NI END a: $A ED %N I Ip ARELMNENM IT =I ••• [fie NN - - MEAV TKM L35ACRE5 EY(AVAiION- _ -0.1F6 -O.IG KRES ti ----- $TOCKPRM 1. TOTALARG1.]9ACRE5LEE - -- m__ w DE ENEN LIN —y_ ••m -•• ••sCROSS@SEIN CTION 1 TIED IN + 'e Yse DEEN - _ - _ -.o...v..T�/ _. i � WLROOS-0.33KRE5 :GVATION OlZXPUXAREA 0.CRES TOTALARFA-1.]9AUfE5 - LEE ILL END ILL ED I. -- W yD _CROSS SECTNJN 1 ••• T_ •_ ... INDEED aF �. a:. wLRonos-o.ACRU GVAiN)N-1.W3OAU ES -. OCKPREARFA-0.14ACRES ...- TOTALAREA I.HACRES T l 1. TIE I .Nu eN CP901. T°�e.,Y fww. �M' iwxcsuu-sen .,A9 o eµ FuFF w �__._. ,• •,• m` »cnoSssECTlorri •.• •.« •.� Bq SUMMARY XAOLOAOS-1.35ACRE5 FIAULR ENCAVATUN A-0.1RE5 0.11 ACRES n�. TOTAL AREAREA- TOTALARFA-1l9ACRF3 ___-'-- - -F- '--_-� � i y CRosS SUMON2 .., n. F"FIOMINE O ASPHALT PAVING OF SHELBY, INC. MAP, PERMIT NUMBER 2315 N i At— ~ ro ro •�CROSSSECTIQVI w• ro •� EA 5umM m _ r ,OLIZOAOS-"SACRE5 - & S CAVATIONLWACRE5 __ ll -r ..JO(PREAREA-QIIACRES TOTALAREA-1.)9ACRES - - Qi 'Sq e / IF uL rtwoMAONSRa3swcREs R �:�� T—_. :AVATION. LM ACRE$ .Po _.JCN PRE AREA -0. 14 ACRES --- TOTALAREA- IJ9ACRE5 I1 J rm"m" <...Fxc Au FCF. I F'ECENFp-I R[tlo Ntl ..l lilh ' EPl PPFY PICXMOEi Ni0 etl¢TIY l IpRO _. % z OAMFY OAOS'0.30 ACAFY PJLEAtTIONA- ACRES PILEA-1.79A19ACFE5 AREA-LJ9ACRE5 s _ BA t no - - -- -- ... - - - p 1 tl °.w •� •�CROSS3 1 MEA SUMMARY HAULROAOS-a3SACRES - -- EXGVATIOH-1.30ACRES STOCRPILEARG-019ACRES .« --- TOTAL ARFA-1)9 ACRES aw o-a 10CROSSS 1 CFI AREA - ROADS-Y L OS-0.35 E ATF ON MACRES PLILFARE30Mt4A S STOO(PFEARFA- m- CRES TOTALMG�IJ9KRES i I ��r emxua. RI AFFECTED ACREAGE TABLE EXCAVATION 1.30ACRES STOCKPILE 0.13ACRES HAUL ROADS 033ACRES TOTALOISTURBEDAREA L66ACRES M IN MAP, ERMIIITONUMBER623-15 ` I I (N AFFECTED ACREAGE TABLE EXCAVATION IMACRES STOCKPILE 0.13ACRES HAUL ROADS O23 ACRES TOTAL DISTURBED AREA 1.66ACRES AFFECTED ACREAGE TABLE EXCAVATION 1.30ACRES STOCKPILE 0.13ACRES HAULROADS 0.23ACRES TOTAL DISTURBED AREA L"ACRES R I � W EPA' gFg / 4. P �eryQ _ BEKM CROSSSECRDN [BERMS CONST UCTEUTO CONTAIN STOCKPILES[ sECo APO \ I� 003 ( .. 1 z \. �`\... POINT IN R" �( wcXAlm s.ANIN¢m_ LXDRR 100 BUFFS d liaweii LEGEND PERMIT BOUNDARY O ASPHALT PAVING OF SHELBY, INC. IBC BUFFER q� OCl:avwnoN wreEA MINE MAP, PERMIT NUMBER 23-IS ,$ STOCKPILEAREA nyio �wrvrnrzaomXwn r �a ancwe. ;\.LLL Ep6 { 60 Eo_ar FR. LEDFO SSOCIATFS n�o vaaw �mmvNre ar.Np'wmw AFFECTED ACREAGE TABLE FXCAVATON 1.30 ACRES STOCKPILE 0.13ACRE$ H/1UL ROADS 0.33 ACRES TOTAL DISTURBED AFFA 1.66ACRES AFFECTED ACREAGE TABLE EXCAVATION 1.30ACRE5 STOCKPILE 0.13 ACRES WILIL ROADS O.I3AGAE5 TOTAL DISTURBED AREA 1.66ACRF5 w(MERR OF PKHNte 'ANU; ETIYL. XORO esz 19A613 AFFECTED ACREAGE TABLE EKCAVARON 1.30 ACRES STOCR PILE 0.13 ACRE HADL ROADS 033ACRE5 TOTAL DISTURBED AREA 1.66ACRE5 PROPEPIYOf wO4NR S. 11941N'1taBFTY L IpRLt 053 �� NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Land Quality Section Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary August 25, 2010 Asphalt Paving of Shelby Post Office Box 1526 71�ECEIVED Shelby, North Carolina 28151-1526 AUG 3 Q Z�tQ 1 RE: Lawndale Pit # 126 (Permit 9 23-15) � pupL1'TY SEA 10N Cleveland County, N-C. Dear Sir or Madame: Attached is a copy of our report documenting an inspection recently conducted at a mine site for which our records snow you to be responsible. The inspection was performed under the Provisions of North Carolina General Statute 74-56 of the Mining Act of 1971. Please review the report carefully and note any problems or deficiencies documented by the inspector. Furthermore, please note any recommendations and/or specific corrective actions required to correct and, deficiencies that may be listed. The responsibility for understanding and complying with the terms and conditions of your mining permit and the Act lies with you. Please do not hesitate to contact this office if you have any questions concerning the attached report. Your cooperation is appreciated. Sincerely, Tamera 1-1. Eplin, P.E. Assistant Regional Engineer Attachment cc: Mining Specialist Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Telephone; 704-663-1699 / FAX: 704-663-6040 • Internet. http://www.dlr,enr.slate.nc.uslpagesllandqualitysection.html An Equal Opportunity! Affirmative Action Employer— 50% Recycled 1 10% Post Consumer Paper North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. Mine Name: Lawndale Pit 2. Mining Permit #: 23-15 3. Operator: Asphalt Paving of Shelby 4. County: Cleveland 5. Address: Post Office Box 1526, Shelby, North Carolina 28151-1526 6. Permit Expiration Date: 10/29/10 7. Rider Basin: Broad 8. Person(s) contacted at site: Robbie Robinson 9. Was mine operating at time of inspection? ❑ Yes ® No 10: Pictures? ❑ Yes ❑ No 11. Date last inspected: 6/22/09 12. Has mining occurred 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: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes-0 No If yes, describe the type and severity of the damage: 1.6. Corrective measures needed anti/or taken: 17, Other recommendations and comments: The stockpile neat to the river needs to be pulled back and stabilized. 18. is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explairi) ® Not Reviewed 19. Follow-up inspection needed? ❑ Yes ® No Proposed date: 20. Number of additional pages of Inspection Report: 1 21. Date report sent to operator: Inspected by: Ryan Konrianik Date: 8/03/10 Telephone No: 704-663-1699 Copy to file Cope to operator Copy to Mining Specialist TTTN 1 Y � ^ � ` �! ` I' \IY VI yl �p E ' .A Y Y �1 __�♦ e '1 e 1 —��. � E e 1 1 R Y !II 1 ♦ �I �°'. cI ! o.f �' R Y _�Y.,,. E �♦ °Y � A I E�a '-.,._ 1 ' � E Irt�` ! � s ��L..� D- e A Y p R aA 1 e IY t • 1 � 1 Y � E e 1! � Y 1 -�. 1 ) ,� Y i • al e 1 Y 1° 9. 1 'E P r � 1 ° 1 1 E e. E .� E. Y �.f 1 �♦ 1 III A_ e J • ° !— A Y I \�\l E •• 1 °5 y .1 t . 1 Y. Y.. 1 f Y., �° tYl�l t.. . Pl,�'A� ) � $ � y $ �r m E / \ WNW rA -4 r PERMIT rr. 8R° Pn R��ER PRIMARY ACCESS ROAD F�Rs r IOO YEAR FLOODPLAIN LIMITS BR \ OND R/V FR LEGEND VEGETATED ZONE STOCKPILE ,r 50 25 0 -_- 50 SCALE 0 100 YEAR FLOODPLAIN LIMITS -----� NOTE: THE MINE MAP WAS TAKEN F THE USGS MAP DATED 1982, ASPHALT PAVING OF SHELBY MINE MAP MINING PERMIT # 23-11 SCALE, 14=59 SKELLY AND Loy DRAWN BY, DLM 6512 FALLS OF NEUSE ROAD HECKEU RY:BAM DATE:I/16/98 SUITE 110 Np, RALEIGH, NORTH CAROLINA 27615 DWG. NO. VACINITY MAP --mmmmF--FLOW DIRECTION OF RIVER ff A � PERMIT BOUNDARY 1 100 YEAR FLOODPLAIN LIMITS LEGEND VEGETATED ZONE STOCKPILE 'Op R��iER S=CONDARY ACCESS PRIMARY ACCESS ROAD /RAT e�C)4 0 100 YEAR FLOODPLAIN LIMITS--------1 NOTE: THE MINE MAP W S TAKEN FRO 0 THE USGS MAP DATED 1982. ASPHALT PAVING OF SHELBY MINE MAP 50 25 0 50 SCALE MINING PERMIT # 23-15 VACINITY MAP -�FLOW DIRECTION OF RIVER SCALE: 1'=50 SKELLY AND LOY DRAWN ±DLMDATE: 1/I6/98 6512 FALLS OF NEUSE ROAD HECKED SUITE 110 NO. RALEIGH, NORTH CAROLINA 27615 DWG. NO. Y✓"1`�� L j yI tW i �'& pl rr �Y' •��te' Ta: Judy Werner From- Zahid Khan. CC: Date: 913Dl2008 Re: Lawndale Sand LLC Mine, Cleveland County, Broad River Basin ApplicationlPerrnil 23-15 _ - � `j 45`.-4 Charlie Whaley reviewed the most recent submittal dated September 16, 2008 and received in MRO on September 23, 2008 with suspense date for comments October 10, 2008. Please see a copy of Charlie's E-Mail. Please contact Charlie Whaley or me if you need additional information. RECEIVED OCT 02 2000 LAND QUALITY SECTION Asphalt Diving Mine 2345 Subject: Asphalt Paving Mine 23-15 From: Charlie Whaley <Charlie. Whiney a ncmai l.ncV Date: Tie, 30 Sep 2008 08:57:16 -0400 To: rahid.khan@nemad net 2ahid, I have looked at the Lawn dale Sand Pit 23-15 and have found no additional information is needed. Charlie Charlie Whaley - Cllnrlie.Whale y@�cmail'. net North Carolina Dept. of Environment'& NatuebT- Resources Div. of hand Resources - Land Quality Section 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Ph: (7041 663-1699 Fax: ("04) 663-6040 I of 1 9/30/2008 9:42 AM MINING CHECKLI5T FOR ROUTING Applicant's Name: /-{snhdkPAo1f)aUl``-9Wbu Project Name: �aUfh A4&' ApplicJPermitNo.: a?-lSCountyr. ( 2t1VLi Date Received: gII/WUJ Reviewer. NA o�ti.. River Basin Name: �1vv ❑ New 'FACMewal :1 Modification (inside permit boundaries) 0 Modification (outside perjitboundaries) ❑Transfer ❑Release ❑Partial Release '50Additional Information ❑Fee Needed: $ ❑ Fee Received: $ Please route entire application package to: I YI .M A/uii�(a Regional )fiice (2 complete copies; attach the "LQ5 Regional bifice' Mining Application Review Checklist" to one copy and attach bFaLh the DWQ and DAQ "Mining Application Review Fonn" to the other copy; send both copies to the Regional Engineer) Date; Routed Reed 0 Division of Water Resources Date: Routed Reed _ 0NC Wildlife Resources Commission Date: Routed Reed_ 0 U5 Fish & Wildlife 5ervice Date. Routed Reed _ (Only newapplications and modification reciuest6 that add land to the permit) Please rote first 3 pages of the application and any location mao5 to; C Division of Parks & Recreation Date: Routed Rec'd _ 0 NC Geological 5urvey Sect on Date: Routed Reed _ (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date. Routed Reed _ (Only new applications) ❑Other. Date: Routed Reed "'5u5pen5e Date for Comments: Nn"id0i� (no later than 25 days from receipt) l 0 Please note the following: 0 • ASPHALT PAVING OF SHELBY, INCORPORATED PO BOX 1526— 111IONE 7394568 ` OFFICE & PLANT HIGHWAY 74 EAST SHELBY, NORTH CAROLINA 28151-1526 9/12/2008 / Mr. Floyd Williams Land Quality Section NCDENR 1612 Mail Service Center Raleigh, NC 27699-1612 RE. Lawndale Pit Permit No. 23-15 Cleveland County Dear Mr. Williams: As you requested in your letter dated August 29, 2008 the following information is submitted: A. Included as enclosures are two maps detailing property lines. The third map details the mine permit boundary and property line. B. This Is a stream dipping pit. During operation a track excavator is used to dip the sand from the river which is then stockpiledon the sand bar. At a later point a wheel loader is used to load dump trucks which deliver the sand to the plant yard. Please contact me at any time if you have questions. Sincerely, &�� s I Donald G. Dedmon, Sr. Secrelary/Tmasurer RECEIVED SEP 16 2006 LAND QUALITY SECTION and Co., NC -- PriVle Map 0 Page I of 2 Cleveland Co., NC i Air „ hY 42aaa 11482 24t]R0 .P `r]t8 h� f 36621 / 3tT46 i 91 j �^1t9a8J ✓_ ] J 11 a /�L�v laaeisf'""r ?�_v. ,p' :✓i �h.a 'E ] T4. w{ ✓ 9aa46 �� u53)s �I )lee2. .� ��� JY� �T JfitSfi Y>;'t� xa lbat> -tes �yyq p ., '-^ a cJ L� ) udd .0 to I, 318> a9t 91e p'� a a LAWNDALE Parcels Parcel No.: 71802 Parcel Addresslesl: 209 E MAIN ST Parcel Owner: HORD RICHARD HORD BETTY L 422 CASAA LAWNDALE R IAWNDALE NC 28080.0023 School Districts: Elementary. FALLSTON ELEMENTARY Intermediate- Middle'. BURNS MIDDLE SCHOOL High: BURNS HIGH SCHOOL Zoning: Class: Municipal Zoning Municipality: Lawndale Flood Zones: Zane: AE Code:2 Panel Number'. 3710263100J 2D1S Future Land Use: Map: L 2 Block: 2 Lot: 13L Deed Reference: Bk. 1191 P9. 1052 Land Area: 4.810 acres Tax Values: Building Value: $1.900 Land Value: $26.442 Total Value: $28,342 Other Attributes at 111236881.616276 NC House and Senate Districts: Senate: 46th Senate Legis.'. 1101h House Fire Districts: District: FALLSTON 2000 Census Tracts: Census Tract: 950200 Watersheds: Zone: WSIV Historical Inventory: None Soil Types: Soil Type: UOC http:/larcims2.webgis.netlnc/cleveland/printable.asp?process=id&x2=1236880.57694659&... 9/ 12/2008 Cleveland Co., NC -- Prin able Map ® Page I of 2 Parcel No.: 71802 Parcel Addressles): 209 E MAIN ST Parcel Owner: HORD RICHARD HORD BETTY L 422 G1SAR LAWNOALE R LAWMOALE 128091 School Districts: Elementary: FALLSTON ELEMENTARY Intermediate - Middle: BURNS MIDDLE SCHOOL High: BURNS HIGH SCHOOL Zoning: Class: Municipal Zoning Municipality: Lawndale Flood Zones: Zone: AE Gods Panel Number: 3710263100J 2016 Future Land Use: Cleveland Co., NC Parcels Map: L 2 Block: 2 Lot: 13L Deed Reference: Bk, 1191 Pg. 1052 Land Area: 4.810 aces Tax Values: Building Value', $1,900 Land Value: $26,442 Total Value: $28342 Other Attributes at point 1236881, 616276 NC House and Senate Districts: Senate: 46th Senate Legitl 1101h House Fire Districts: District: FALLSTON 2000 Census Tracts: Census Tract 950200 Watersheds: Zone: WSIV Historical Inventory: None Soil Types: Soil Type: UdC hitp://arc i ms2.webgi s.net/ncic Ieveland/printable.asp?process=id&s2-12368805 7694659&... 9/ 12/2008 SR182 F, 40 L1 • ASPHALT PAVING OF SHELBY LAND OWNERSHIP MAP MILTING PERMIT # 23-15 GY F4 r w by YnG IGIrL IdIM4Yw [1!E I • • t' 0 • NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist August 29, 2008 Certified Mail Return Receipt Requested 7007 0710 0001 5982 5853 Mr. Donald G Dedmon Jr. Asphalt Paving of Shelby, Inc. P.O. Box 1526 Shelby, North Carolina 28151-1526 RE: Lawndale Pit Permit No. 23-15 Cleveland County Broad River Basin Dear Mr. Dedmon: Michael F. Easley, Governor William G. Ross Jr.; Secretary On July 3, 2008 this office received additional information regarding the renewal request that your company submitted for the referenced mine site. However, the following information is still needed to continue processing your application for renewal. - A. A property line map which also shows where the 2.0 acres mine permit boundary and 1.7 acres affected area boundary is located within the property line map boundary. B. Please submit adequate information as to whether this is actually a stream dipping operation or other type of mining operation. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled I 10% Post Consumer Paper CERTIFIED MAIL Mr. Dedmon August 29, 2008 Page 2 In order to complete the processing of your application, please forward two (2) copies of the requested information to the attention of Ms. Judith A. Wehner, Assistant State Mining Specialist 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, JZ, '- /lovy4dWilliams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWlfrw cc: Mr. Zahid Khan File a 'ow Active e . 14 11 �y O t 25-23 (Lewndale Pit) f l /ee O I s ti'A • r � • e0e 1 • i ICo ech�Tr '! eq r • - •7• c 200! Tole Alias •1� III II Y %�,� OLN-N�]V2.41•W al•v soul Sheamino IIIIIIII II9100% Eve all 24 0 0 Active 441 II J 1 roe•' S 9 CeaC^'rr, C 2003 Tole Alias r :7 0 9 Cleveland Co., NC -- fable Map • Page I of 1 Cleveland Co., NC N DISCLAIMER: The information contained on this site is furnished by government and private industry sources and is believed to be accurate but accuracy is not guaranteed. Mapping information is a representation of various date sources and is not a subsitute for information that would result from an accurate land survey. The information contained hereon does not replace information that may be obtained by consulting the information's official source. In no event shall Cleveland County, NC or the consultants of Cleveland County, NC be liable for any damages, direct or consequential, from the use of the information contained on this site. M1np:llmw bgia.nel AndemnitPsaaialee.lnc. hfto wx.aMssm can http://ucims2.webgis.netlnciclevelandlprintable.asp?process=undefined&x2=undefined&y... 8/25/2008 Cleveland Co., NC — Pible Map • Page I of 1 Cleveland Co., NC N DISCLAIMER: The information contained on this site is furnished by government and private industry sources and is believed to be accurate but accuracy is not guaranteed. Mapping Information is a representation of various data sources and is not a subsitute for information that would result from an accurate land survey. The information contained hereon does not replace information that may be obtained by consulting the information's official source. In no event shall Cleveland County, NC or the consultants of Cleveland County, NC be liable for any damages, direct or consequential, from the use of the Information contained on this site. hbDrM'+ "bois ret hap 1M .aMBeaM:.com http://arcims2.webgis.net/nc/cleveland/printable.asp?pracess=undefined&x2=undefined&y... 8/25/2008 PQ http://mims2.webgis.net/COMMON/IMAGESBUTTONS/print_map_sel.gif 8/25/2008 • Page I of 1 http://arcims2.webgis.net/nc/clevelmd/map.mp?x 1=249&yl=127&x2=266&y2-204&pro... 8/25/2008 0 0 Page 1 of 1 http://wcims2.wcbgis.net/nc/clevelmd/map.mp?x 1=285&yl=274&x2=254&y2=226&pro... 8/25/2008 10 Memo To: Judy Wehner From: Zahld Khan CC: Date: 7/182008 Re: Lawndale Sand LLC Mine, Cleveland County, Broad River Basin Application/Permit #: 23-15 RECEIVED JUL 211" 3 IO Charlie Whaley reviewed the most recent submittal dated July 3, 2008 and received in MRO on July g, 2008 with suspense date for comments July 28, 2008. Please see Charlie's E-Mail and pictures taken on July 17. 2008, 1 am attaching a hard copy of pictures and will forward the electronic version. Please contact Charlie Whaley or me if you need additional information. 0 9 Lawndale Sand Pit • • Subject: Lawndale Sand Pit From: Charlie Whaley <Charlie.Whaley@ncmail.net> Date: Fri, 18 Jul 2008 06:41:50 -0400 To: Zah•d Khan <Zahid.Khan@ncmail.net> a, Attached are the pictures of the Lawndale Sand Pit. The original request for additional information concerned the berm along the stream. It appears to me that the berm is of sufficient width and height. At the present time there was no mining at this Site. Shelby Asphalt plane to return later this fall. Charlie Charlie Whaley - Charlie.whaley®ncmail.net North Carolina Dept. of Environment & Natural Resources Div. of Land Resources - Land Quality Section 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Ph: (704) 663-1699 Fax: (704) 663-6040 1 of 14 7/19/2009 11:12 AM I 0 0 • 7 0 0 • • It tt x ,+ Y ..� r iI i a 1 7 IT 29�p C , J • LaWnd a Sand Pit • Content -Type: image/jpeg DCP_5095.JPG Content -Encoding: base64 DCP 5079.JPG Content -Type: image/jpeg Content -Encoding: base64 DCP 5080.JPG Content -Type: image/jpeg Content -Encoding: base64 DCP 5081.JPG Content -Type: image/jpeg 7. 17. 2008 12 of 14 7/18/2008 11:12 AM i Lawndale Sand Pit I Content -Encoding: base64 DCP 5082.JPG Content -Type: image/jpeg Content -Encoding: base64 DCP 5083.JPG Content -Type: image/jpeg Content -Encoding: base64 DCP 5084.JPG Content -Type: image/jpeg Content -Encoding: base64 DCP_5085.JPG Content -Type: imageljpeg � Content -Encoding: base64 IDCP 5086.JPG Content -Type: image/jpeg I — Content -Encoding: base64 DCP 5087.JPG Content -Type: imageljpeg Content -Encoding: base64 DCP 5088.JPG Content -Type: imageljpeg Content -Encoding: base64 I)CP 5089.JPG Content -Type: image/jpeg Content -Encoding: base64 DCP 5Q90.JPG Content -Type: imageljpeg Content -Encoding: base64 13 of 14 7/18/2008 11:12 AM LaWndale'Sand Pit 0 do DCP 5091.JPG Content -Type: image/jpeg Content -Encoding: base64 DCP 5092.JFG Content -Type: image/jpeg Content -Encoding: base64 Content -Type: image/jpeg DCP 5093.JPG Content -Encoding: base64 DCP 5094.JPG Content -Type: image/jpeg Content -Encoding: base64 DCP 5078.JPG Content -Type: image/jpeg Content -Encoding: base64 14 of 14 7/ 18/2008 11:12 AM Memo To: Judy Wehner From: Zahid Khan CC: Date: 7121 /2008 Re: Lawndale Sand LLC Mine, Cleveland County, Broad River Basin Application/Permit #: 23-15 Charlie Whaley reviewed the most recent submittal dated July 3, 2008 and received in MRO on July 9. 2008 with suspense date for comments July 28, 2008. Please see Charlie's E-Mail and pictures taken on July 17, 2008. 1 am attaching a hard copy of pictures and will forward the electronic version. Please contact Charlie Whaley or me if you need additional information. _ `4 ',��• �•,�' Ai dot 11 • �-. rwXe _4 of 4T:Li . f -; MEE" - :.o -S 710 �: r M' V G 0 0 r i 4 y* 4L t ! � •sir - jy. -�` �' t ���- •-f � . i,.. Shy. +� �j `� ���'rP. 7- t 0 0 • IM'i�lTE 0 • �7 iA II I. �a 0 0 _ LR ill'" Piltd .'+ty'. ,�-.y...-wf,a„-. nml. 7. 17. 2008 MINING CHECKLI5T FOR ROUTING Applicant's Name: Ab{la104UWri t aAo Project Name: Jn„rnMeb r ,,n V. V. ApplicdPermit No.: 23-/S County: I Y/1wZ(A,� Date Received: 713)0� Reviewer. River Basin Name: V ',-J -r ❑ New .© Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) OTranefer ❑ Release ❑Partial Release F-1-NditionalInformation ❑Fee Needed:$ ❑ Fee Received: $ Phase route entire application pa age t b2'LMi6 /! Regional OPRee (2 complete copies; attach the "LQ5 P.egional Office Mining Application Review Checklist" to one copy and attach bath the DWQ and DAQ "Mining Application Review Form" to the other copy, send both eopice to the Regional Engineer) Date: Routed 7i IXA Reed ❑ Division of Water Resources Date: Routed r Reed ❑NC Wildlife Resources Commission Date: Routed I Rec'd 0 U5 Fish & Wildlife Service Date: Routed Reed (Only new applications and modification requests that add land to the permit) Please route. first 3 paaes of the application and any location mans to: ❑ Division of Parks & Recreation Date: Routed Rec'd _ ❑ NC Geological 5urvey section Date: Routed Rec'd _ (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Reed _ (Only new applications) ❑ Other. Date: Routed Rec,d _ "Suspense Date for Comments: Ilay)UA (no later than 25 lays from receipt) I i ❑ Please note the following: p llh 0t, �1�lLUAP%!�� ASPHALT PAVING OF SHELBY, INCORPORATED PO SOX IS26-PHONE 7394568 OFFICE & PLANT HIGHWAY 74 EAST SHELBY, NORTH CAROLINA 28151-1526 7/1/2008 Judith A Wehner Assistant State Mining Specialist Land Quality Section North Carolina Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 RECEIVED RE: Lawndale Pit JUL 03 2000 Permit No. 23-15 Cleveland County Broad. River Basin LAND QUALIN SECTION Ref: NCDENR Land Quality letter dated May 14, 2008 Dear Ms. Wehner: According to the reference, we have enclosed two photographs of the Lawndale sand pit. Please refer to each photograph as they are explained in detail. Photograph No. 1 shows the pit facing northeast. The actual river bank falls to the right of the white vehicle. This bank is never disturbed. The wide area to the left of the vehicle #1 is where the actual dipping and stockpiling occurs. This area becomes flooded during periods of rainfall and because of the natural bend in the riverbed sand is deposited in this area creating a sand bar. The small berm to the left of the photo has been constructed as a sediment control measure during dredging operations and to also met MSHA safety regulations. Photograph No. 2 shows the pit facing southwest. This photograph shows part of the haul road on the left where vehicle #2 is located and the small berm indicated in Photograph #1 is shown on the right. The area in the middle of the photograph is the actual river bank. During periods of heavy rainfall deposited sand in this area can reach as high as eight feet. The actual bank is never disturbed. Enclosure #3 is a copy of the Land Ownership Map. The areas detailed in Photographs #1 and #2 are indicated on the map. Asphalt Paving of Shelby, Inc. has used the material dredged from this pit in the production of asphaltic cement since the late 1960's. This material is an integral component of our efforts to provide the Department of Transportation quality asphaltic cement mixtures at a fair price. After reviewing the enclosed photographs and their explanations, I am positive that we can come to an agreement concerning the regulation as stated in the reference. t ��' ..�f �'. Y _,1 • s 4 0 0 I would be happy to meet you or one of your representatives at the Lawndale sand pit at your convenience or you may contact me directly by telephone at any time. Sincerely, Asphalt Paving of Shelby, Inc. Gyt"� - '5k Donald G. Dedmon Sr. Secretary/Treasurer Enclosures (3) u 0 0 Ohc4c-A/c )- C� C7 �clflsw-e. � 3 I 1ti - Pe�r .� %e, 6 =` /� G. MAID �•� \( �, SOAN 4 �6 6 12 31 / y, Siva AWHALT PAVING OF SHELBY LAND OWNERSHIP MAP M19ING PERMIT # 23-I5 rr wrr..�r w� .rra��w 1 A 4ka., tr 0 AT LA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist May 14, 2008 Certified Mail Return Receipt Requested 7006 2150 0005 7360 6440 Mr. Donald G. Dedmon Jr. Asphalt Paving of Shelby Inc. PO Box 1526 Shelby, North Carolina 28151-1526 RE: Lawndale Pit Permit No. 23-15 Cleveland County Broad River Basin Dear Mr. Dedmon: Michael F. Easley, Governor William G. Ross Jr., Secretary We have reviewed the renewal request and additional information your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: Page 8, C.5b states a buffer will be provided for the riverbank. An inspection of the site by Land Quality personnel revealed that no buffer exists along the river. Please indicate on the cross section A -A and on the mine map where the vegetative buffer will be maintained along the riverbank. 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 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper • Certified Mail Mr. Dedmon Page Two 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, k' (4J4utdithl.Wehner Assistant State Mining Specialist Land Quality Section CC' Mr. Zahid Khan, PE I I C.5,6 Sv;ts A, .6d�i , A- k MINING CHECKLIST FOR ROUTING Applicant's Name: ,NSi6(, VAWA4 �4u Project Name: Ln.r1h2(eL)L Applie./Permit NoA3-ISCounty.(I BUe6l Datc Keceived: 4/7/e9 n 7 / Reviewer. lilllii J� River Basin Name: prw ,/ V 0New &newal ❑ Modification (inside permit; boundaries) ❑ Modification (outside permit boundaries) []Transfer [Release ❑PartialRelease Dv Additional Information ❑Fee Needed:$ ❑ Fee Received: $ P,l/ea�/P�,route entire application page to: I f I o'irlJ/�VI �(<. P.egional Offlee (2 complete copies; attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach talb the DWQ and DAQ "Mining Application Review Form" to the other copy, send both,copies to the Regional Engineer) Date: Routed Reed ❑ Division of Water Resources ❑ NC Wildlife Resources Commission ❑ U5 Fish & Wildlife Service Date: Routed Rec'd Date: Routed Reed Date: Routed Reed (Only new applications and modification requests that add land to the permit) Please route first 3 pages of the application and any nration maps to: ❑ Division of Parks & Recreation Date: Routed Reed _ El NC Geological survey Section Date: Routed Reed — (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Reed _ (Only new applications) Other. Date: Routed Reed "Suspense Date for Comments: NIW (no later than 25 days from receipt) I 0 Please note the following: APPLICATION FOR A MIN* PERMIT G. LAND ENTRY AGREEMENT R�C,E,1V ED � pR o� zoos We hereby grant to the Department or its appointed representativ the ri t of entry and t or operation during regular business hours for the purpose of making n essat field may be reasonably required in the administration of the Mining Act of 97),,Apt0 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: 044b a/' ss � f-/ Print Name: i ; {d.d ✓dB M (-I itle, if applicable) Company (If applicable) �j Address: Ab - 4,L -- Telephone: 104 ) 5la12 Date Signed: %3 — IZ9--3 O APPLICANT: � Signature:* \ � ` � '- Print Name: bore zj G, l)VC4 6n sn' Title: ,C)acnJn,t.., Ywntul.o -•- Mine Name: L(i� 8a-L� D- Telephone: ('104) 1?A— Ll r]nS Date Signed: a'1I)p05t *Signature must be the same as the individual who signed Page 1 of this application. or money t sent to the form. apartment of Environment and Natural Resources must be at the address listed on the front cover of this application Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919)733-4574. 16. ® Ake� +� 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 March 25, 2008 Certified Mail Return Receipt Requested 7002 3150 0003 7044 5526 Mr. Donald G. Dedmon Jr. Asphalt Paving of Shelby Inc. PO Box 1526 Shelby, North Carolina 28151-1526 RE: Lawndale Pit Permit No. 23-15 Cleveland County Broad River Basin Dear Mr. Dedmon: Michael F. Easley, Governor William G. Ross Jr., Secretary We have reviewed the renewal request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: Please complete the enclosed Land Entry Agreement (page 18) and return it to this office. Please note, the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. The reclamation bond calculation worksheet submitted with the renewal request has been verified. The reclamation bond for this site would be $2,600.00. You may wish to reduce the $2,700.00 assignment of savings account currently on file for this site to the new bond amount. You may also leave the assignment as it is. 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., Asphalt Paving of Shelby Inc. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •.919-733-4574 I FAX: 919-733-2876 512 !North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employes — 50% Recyded 110% Post Consumer Paper Certified Mail Mr. Dedmon Page 2 Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In order to complete the processing of your application, please forward two (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 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. S' cerel9, Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms cc: Mr. Zahid Khan 0 ►�T . • HTM Michael F. Easley, Governor MEMORANDUM NCDENR Department of Environment and Division of Water Resources March 12, 2008 TO: Brenda M. Harris Land Quality Section FROM: John Barr �"" Ground Water Management Section Division of Water Resources SUBJECT: Comments on the Mining Permit Renewal Request for: Asphalt Paving of Shelby Lawndale Pit Cleveland County Natural Resources William G. Ross Jr., Secretary John Morris, Director RECEIVED I0,° 12 ?00$ .MID QUALITY KNING PROGRAM Please find attached a copy of the mining permit renewal request for the above referenced project. "I'lle Lawndale Pit located in Cleveland County does not appear to have an unduly adverse effect on 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. 143-215.2214. This statue requires ally non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register 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 withdrawals and surface water transfers every five years. 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 27699-161 1. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One Phone: 919-733-40641 FAX: 919-733-35581 Internet: www.ncwater.org NorthCarohiia An Equal Opportunity / Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper Naturally • Q� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.F. Director and State Geologist February 26, 2008 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Asphalt Paving of Shelby Lawndale Pit Cleveland County Michael F. Easley, Governor William G. Ross Jr., Secretary �X Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on March 18, 2008 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh T Attachments'� r cc: Mr. Zahid Khan F E 8 2T 2008 DMSION OF WATER RESOURCES 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 North CarolinaDepartment of Environment and itural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Lawndale Pit 2. MINING PERMIT # 23-15 3. OPERATOR Asphalt Paving of Shelby 4. COUNTY Cleveland S. ADDRESS PO Box 1526, Shelby, NC 28151 6. PERMIT EXPIRATION DATE 3-28-08 7. RIVER BASIN Broad 8. Person(s) contacted at site NA 9. Was nlifte operating at time of inspection? ❑ Yes ® No 10. Pictures? ❑ Yes ® No 1.1. Date last inspected: 2-28-07 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, Operating condition 98A: Signs shall be placed upstream and downstream of dipping operations warning river traffic of said operation. 14. Is the mine in complianee '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: Provide signs upstream and downstream of the mine warning river traffic of'mining operation. 17. Other recommendations and comments: Inspected site for renewal of permit and annual inspection. 18. is the Annual Reclamation Report+/- map accurate? ® Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up.inspection needed?. ❑ Yes ® No Proposed date 1-0. No. of additionalpages of Inspection Report 21. Copy of Report sent to operator . INSPECTED BY: Robinette (clly DATE 3-5-08 Telephone No: 704-663-1699 Copy to file Copy to operator Copy to Mining Specialist NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James 0. Simons, PG, PE Land Quality Section Michael F. Easley, Governor 0irector and State Geologist William G. Ross Jr., Secretary March 6, 2008 Asphalt Paving of Shelby R: \ Post Office Box 1526 � Shelby, North Carolina 28151. d RE: Lawndale Pit (Permit 4 23-15) �tie 1p� Cleveland County, N.C. ,� O SNC Dear Sir or Madam: �i, Attached is a copy of our report documenting an inspection recently conducted at a mine site for which our records show you to be responsible. The inspection was performed under the provisions of North Carolina General Statute 7456 of the Mining Act of 1971. Please review the report carefully and note any problems or deficiencies documented by the inspectm. Furthermore, please note any recommendations andlor specific corrective senors required to correct any deficiencies that may be listed. The responsibility for understanding and complying with the terns and conditions of your mining permit and the .Act lies with you. Please do not hesitate to contact this office i f you have any questions concerning the attached report. Your cooperation is appreciated Sincerely. Steven H. Kelly, P.E. Assistant Regional Engineer Attachment Cc: Floyd Williams, PG —Mining Specialist ER/ae • 0 Memo To: rJudy Weh e Fmne Zahid Khan at o/ yaq chi Date: 317/2008 �9\N ,lU� Re: Lawndale Pit Mine, Cleveland County, Broad River Basin Oq'iql, SOB Application/Permit M: 23-15 Ed Robinette reviewed the most recent submittal dated February 25, 2008 and received in MRO on February 28, 2008 with suspense date for comments March 21, 2008. These are the comments. No erosion and sediment controls were shown on the plan. There was no buffer specified on the application. The statement says that vegetative buffer will be established between the land disturbance and the riverbank in accordance with the operating plan. What is the operating plan? A copy of ED Robinette comments is also attached. A copy of DWQ, and DAQ comments are attached for your review, Please contact ED Robinette or me if you need additional information. . .0 Subject: Lawndale Pit (23-15) Renewal Application From: Ed Robinette <1-d.Robinette a ncmail.net> Date: -Wed, 05 Mar 2008 16:20.29 -0500 To: Zahid Khan <Zahid.Khan@ncmail.net> 7.ahid, I inspected the mine and reviewed the renewal application. My comments: 1 I. Page 2 A.3: Should the mining method include a dragline as permitted in previous modifirat:ion? 2. Page 3 A.4.a;; If the depth of the mine is 8' (see cross section map received with application) this will widen the river. 3. Page 8 C.5.b: The application states a buffer will be provided for the river bank. There is no buffer on the site and the previous permit does not specify a buffer along the river. Existing stock piles are at the river's edge. Ed Ed Robinette - Gi.. Robi;lettr9@ilcmail . ]]r t North Carolina Dept. of Environment & Natural Resources Div. of Land Resources - Land Quality Section 610 E. Center Ave., Suite 301 Modresville,-NC 28115 Ph: (704).:6.63-1699 - Fax: (704.) 663.-6040 o!' I 3/7/2008 8:06 AM i MINING PERMIT APPLICATION REVIEW FORM For the DIVISION OF AIR QUALITY Project Name/Permit Number: Lawndale Pit Permit # 23-15 County: Cleveland Due Date for Comments Back to Land Quality Section: 3/14/08 Return To: Zahid Saeed Khan Will the operation, as proposed, violate standards of air quality? / YES NO Air permit required Air permit existing _(Permit #� Other Comments: Reviewed by:J� ti^ Dale: v) Print Name: 1 C(la �J' \3 109/2005 1Central Office Revie"r: _ - s � MINING PERMIT APPLICATION REVIEW FORM For the DIVISION OF WATER QUALITY Project Name/Permit Number: Lawndale Pit Permit # 23-15 County: Cleveland Due Date for Comments Back to Land Quality Section: 3/14107 " Return To: Zahid Saeed Khan Will the operation, as proposed, violate standards of water quality?--A—/O— Comments: Watershed/Stream Name & Classification: NPDES permit required NPDES permit existing Nondischarge permit required Nondischarge. permit existing Wetlands disturbed 401 Wetland Cert. required YES NO 6Sze (Permit #_) (Permit #_) ✓ Owr✓6< 15 401 Wetland Cert. exist' g _(Permit#_) _ Reviewed � Date:WA O� Print Name: 10912005 central Ottice Reviewer: • o North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Lawndale Pit 2. MINING PERMIT #23-15 3. OPERATOR Asphalt Paving of Shelby 4. COUNTY Cleveland S. ADDRESS PO Box 1526, Shelby, NC 28151 6. PERMIT EXPIRATION DATE 3-28-08 .7. RIVER BASIN Broad 8. Person(s) contacted at site NA 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ❑ 11. Date last inspected: 2-28-07 12. Any mining since last inspection'! ®Yes - 13. Is the minein compliance with the Operating Conditions of the Permit? ❑ Yes ® No If no, explain: Operating condition NSA: Signs shall be placed upstream and downstream of dipping operations warning river traffic of said operation. 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: Provide signs upstream and downstream of the mine warning river traffic of mining operation. 17. Other recommendations and comments: Inspected site for renewal of permit and annual inspection. 18. Is the Annual Reclamation Report+/- map accurate? ® Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes ® No Proposed date _ 20. No. of additional pages of Inspection Report. 21. Copy of Report sent to operator INSPECTED BY: Robinette,Kelly DATE 3-5-08 Telephone No: 704-663-1699 Copy to file Copy to operator Copy to Mining. Specialist s � e ,RECEIVED MAR 0 5 ma a3n1303�:] K2 North Carolina Wildlife Resources Commission MEMORANDUM TO: Brenda M. Harris, Mining Program Secretary Land Quality Section FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: February 27, 2008 SUBJECT: Mining Permit Renewal Application, Asphalt Paving of Shelby — Lawndale Pit, First Broad River, Permit No. 23-15, Cleveland County This correspondence responds to your request for our review of the referenced mine permit modification. These comments are provided in accordance with certain provisions of the Mining Act of 1971 (as amended, 1982; G.S. 74-46 through 74-68; 15 NCAC 5) and the North Carolina General Statutes (G.S. 113-131 et seq.). The mining operation is requesting to renew their permit for a two (2) year period. It is our understanding that this mining occurs on an active floodplain sandbar or floodplain bench and that no land disturbing activities occur during May through July. No modifications are indicted for the site. Providing that the above information is correct, we will not object to the issuance of the permit for a period of two (2) years. If any significant land use modifications are planned, the following recommendations are provided for your consideration as permit conditions: 1. Removal of sand/gravel from the point but should be accomplished during low river flows when the sand bar is dry. This will prevent sedimentation of the river during materials removal. 2. Existing natural vegetated buffers should not be disturbed. During any new land clearing activities, woody debris (slash or large trees) removed during development of the site should be placed along the outer stockpile/compost area construction limits in the form of brush piles and downed logs to provide cover and nesting habitat for wildlife. These must be placed so they will not be subject tofloodwater disturbances. Mailing Add rem: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 6 Fax: (919) 707-0028 Asphalt Paving of Shelby Andale Pit -Page 2 - � February 27, 2008 Should any stream relocation activities become necessary, relocations should use state-of- the-art bioengineering techniques. Clean Water Act 404 permits and 401 certifications must be obtained from the US Army Corps of Engineers and the NC Division of Water Quality prior to any channel relocation. Native riparian plants should be incorporated into stream_ relocation. Where practicable, fifty (50) foot undisturbed natural buffers should be established for intermittent channels and one hundred (100) foot undisturbed natural buffers should be established for perennial streams. 4. Any stream crossings necessary should provide for aquatic life passage. Bridges are preferred over culverts and pipes. Culverts 48 inches diameter or larger should be buried a foot into the streambed. Culverts less than 48 inches diameter should .be buried to a depth equal to or greater than 20% their size to allow for aquatic life passage. These measurements crust be based on natural thalweg-depths. 5. Stringent erosion control measures, should be installed where soil is disturbed and maintained until project completion. 6. Native plants are preferred for vegetation and reclamation activities. For riparian edges, we recommend planting disturbed banks with autochthonous (native) plants like silky dogwood, red maple, silky willow, tag alder, black willow, sycamore, river birch, -or other native woody species. The attached plant recommendations may be useful if any re - vegetation activities are needed for the site's interior. Cc: David Dedmon, Sr. Lawndale Pit Manager 124 Longbranch Road Kings Mountain, North Carolina 28086 Asphalt Paving of Shelby lwndale Pit -Page 3 - 6 February 27, 2008 Piedmont Stormwater Pond and Mine Planting Recommendations Instead of using the typical fescue grasses or exotic plant species, the following mixtures should be considered for lower elevation stormwater ponds and mine sites: Spring/Summer Mixture, May 1 - Sept. 15 Fall/Winter Mixture, Sept. 15 - April 30 Browntop millet 20 Ibs/a Winter Wheat 120 lbs/a Kobe lespedeza 20 lbs/a Kobe lespedeza 201bs/a Shrub lespedeza I lb/a Shrub lespedeza I lb/a Switchgrass* 5lb/a Switchgrass* 5lb/ac Add to fall or spring plantings: `Tioga' Deertongue (Panicum clandestinum) at a rate of 7 lbs. Pure Live Seeds (PLS) per acre. $ When possible on slopes less than 3:1 use Switchgrass instead of lespedezas and on slopes greater than 3:l use Orchard Grass or Creeping Red Fescue. Other native species may be appropriate depending on soil, slope, and region. Korean lespedeza may be appropriate in colder geophysical areas. We do not recommend Sericea lespedeza. Although agriculturally used plants are included herein, native plants and warm season grasses are preferred and recommended over exotic plants. Add one of the following to the above mixture: Creeping Red Fescue 5 lbs/acre Ladino Clover** 5 Ibs/acre Atlantic Coastal Panic Grass 5 Ibs/acre (PLS) Alfalfa'"* 5 lbs/acre (requires fertilizer containing Boron) Lime & fertilize disturbed areas according to NRCS soil test results and follow planting guidelines as appropriate and necessary. Depending on elevation and region, other native species may be appropriate. Note that mowing should be limited to late winter or early spring. Mowing should only occur as needed to prevent unwanted tree growth on a 2-3 year schedule. The provision of shade around impounded waters can significantly reduce thermal impacts. Trees and shrubs (I year bare root seedlings) should be planted randomly at a minimal rate of 100 trees per acre on the top and upper portions of the structure and at a minimal rate of 150 per acre around the normal water elevation and littoral shelf area. The following list of tree species may assist in providing habitat benefits: Loblolly Pine* Red Cedar Black Gum American Holly Dogwood Hickory Sumac White Oak Willow Oak Red Maple** Viburnum Green Ash Ironwood Black Cherry Persimmon Water Oak Spice Bush Willow (sp) Serviceberry Red Oak Swamp Chestnut Silky Dogwood Other species may be utilized depending on site requirements and native plant availability. Pines* should not exceed 15% of the reforestation. No more than 20% of the tree species will be of a single species. An 80% success rate is acceptable over five years. Large or fast growing trees like Sycamore and Maple" may not be appropriate near detention facility dams. Note: Non-native plants included in this list are routinely considered beneficial and/or agriculturally established non -natives. They have been included as they are readily available commercially and they do not exhibit many of the negative attributes of other non -natives that tend to spread or inhibit native plant propagation and survival. MINING CHECKLIST FOR ROUTING Applicant's Name: HcW d4- �df/ina &0'/hr ject Name: l Qior2'16 ®. PJ pU Applic./PermitNo:L5-�S County: MA/6/Md DateReceived: 2/2S-m Reviewer. 11.i//I114A — River Basin Name: AAA7zJ I ❑ New ,LnRenewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer ❑ Release C Partial Release ❑ Additional Information ❑ Fee Needed: $ eOfee Received: $ Sri Please route entire application 1wrkagle to, I � Ah1PP(wl I Ir . Regional Office (2 complete copies; attach the "L05XP.egional Office Mining Application Review Checklist" to one copy and attach bath The DWQ/ nd C) I "Mining Application Review Form" to the other copy; send both topics to the F�pqional'Engineer) \\1/ Date: Routed a'l s mrl�R Rec d ,IJ.Division of Water Resources Date: Routed Reed I©NG Wildlife Resources Commission Date: Routed V Reed ❑ U5 Fish & Wildlife Service Date: Routed Reed (Only new applications and modification requests that add land to the permit) I 27 . .. u.. ■ Division of Parke : Recreation C),qt&: Routed Reed 0 NC Geological Survey Ocction Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Reed (Only new applications) ❑ Other: Date: Routed Reed "°`Suopemae Date for Comrrierlt5: 3I al loci (no later than 25`daye from receipt) i 3Siyl� ,�3� ❑ Please note the followina: IVwT,"zk- a lvokwl 0 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 February 26, 2008 MEMORANDUM TO: Mr. Ron Linville Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section Natural Resources SUBJECT: Mining Permit Renewal for Asphalt Paving of Shelby Lawndale Pit Cleveland County Michael F. Easley, Governor William G. Ross Jr., Secretary 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 March 21, 2008 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Zahid Khan 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 ® 4NINA 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 February 26, 2008 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources l:a�FROM: Brenda M. Harris Mining Program Secretary Land Quality Section 40 Natural Resources SUBJECT: Mining Permit Renewal for Asphalt Paving of Shelby Lawndale Pit Cleveland County Michael F. Easley, Governor William G. Ross Jr., Secretary nX Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on March 18, 2008 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Zahid Khan 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • THE FIRST NATIONAL BANK 36203 ASPHALT PAVING OF SHELBY, INC. SHELBY, NORTH CAROLINA P.O. BOX 1525 66 168/531 2/182008 SHELBY, N.C. 28151 1526 AYTOTHE NC DEPT OF ENVIRO. AND NATURAL RESOURCES s*750.00 ROER OF Seven Hundred Fifty and 00/100"""urs+u•Hunan+r+srsuuuw++snrru+++u+urr+uu**rums+**++«+++« ooLLARs NC DEPT OF ENVIRO AND NATURAL RESOURCES ASPHALT PAVING OF SHELBY. INC. RALEIGH, NC l IEMp wMONRa)s4ulUxE Permit Renewal - No 23-I5 a00362038+ 1:0531016EI41: 001000527110 ASPHALT PAVING OF SHELBY, INCORPORATED PO BOX 1526 - PHONE 704 739-4568 OFFICE & PLANT HIGHWAY 74 EAST SHELBY, NORTH CAROLINA 28151-1526 February 18, 2008 Mr, Tracy E. Davis, P.E. North Carolina Department of Environment and Natural Resources State Mining Specialist Land Quality Section 1612 Mail Service Center R�CE 1 D Raleigh NC 27699-1612 Re: Renewal of Permit No,23-15 fE6 251000 Lawndale Pit Cleveland County LAND flUAlITY SECTION Broad River Basin Dear Mr. Davis: In accordance with the requirements of the "Mining Act of 1971", we are requesHng a two year renewal of the above referenced mine permit. As part of this request we are writing this letter to address that the renewal of this permit will not invoke any of the seven denial criteria as listed under G.S. 74-51 of the Mining Act. In the years that this site has been permitted, there have been no violations of the operating conditions of the issued mine permit, further the operations has had no adverse effect on the groundwater, wildlife, or fresh water fisheries. The operation has not, nor will it violate the quality standards of air quality, or the quality of surface of ground waters. This operation does not constitute a direct or substantial physical hazard to the surrounding environment, public lands, recreational facilities, or any surrounding structures or public roads. In the years of operation, this operation has not posed a substantial threat to increased deposition of sediment, susceptibility to landslide, or the introduction of acidic water or Pollution. As the operator of this operation, ASPHALT PAVING OF SHELBY, INC. has not been in substantial compliance of the operating conditions of the existing permit, nor has it had any revocation or forfeiture of bond related to any violation, conviction, court order, or civil fine related to the operation of this mine under G.S. 64. The last inspection on February 28, 2007, Mr. Charlie Whaley and Mr. Steve Kelly of the Land Quality Section found this operation to be operating in compliance with the Operating Conditions and Reclamation Conditions of the permit as issued. o 0 As for the reasons stated above, we find that there has been no activity at this operation that would invoke any of the seven denial criteria for renewal of the permit for an additional two years. Please find enclosed the necessary paperwork and fees to support our request for a renewal of this mining permit. Should you have any further questions, please contact me at 704.739.4568. Sincerely, ASPHALT PAVING OF SHELBY, INC. . A - Donald G, De ]not), Jr. Vice -President DGIDJR:edp • 0 FIRST NATIONAL BANK aec�rv�D >8�a Pebnuvy 19, 2008 Fca 25 ?�d8 UtNO OUALIry S[CT10N State of North Carolina Department of Environment, Health, and Natural Resources Attn: Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699.1612 Dear Sirs: I::nclosed is a copy of Certificate of Deposit Number 23050 dated April 24, 1999 which is hold in safekeeping as collateral for Trust Fund Agreement between Asphalt. Paving of Shelby, Inc., First National Bank of Shelby, and The NC Department of Environment, Health, and Natural Resources. I have also included the Assignment of Savings Account that shows the certificate is being held and cannot be released without authorization font The NC Deparhnent of Environment, Health, and Natural Resources. I f you have any question, please call me at 704-484-6231. Sincerely, V r"� Vickie B. Melton Executive Administrative Officer Enclosure P.O. 13m 168 • Shelby, North C9rUh118 28151 • (704) 484-6200 w .ibankatfnb.com NORTH CAROLINA MINING PERMIT APPLICATI® Ff& 28 4?008 State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 733-4574 Revised 4/2002 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 r-, e MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS Application received by Land Quality Section/ State Mining Specialist Applicaut issues Public Notice Application assigned to Assistant State Mining Specialist Assistant State 37ining Specialist/Program Secretary routes applicatiou for review and comment - U.S. Fish & Wildlife Service -Land Quality Section Regional Office - N. C. Geological Survey - Wildlife Resources Commission - Division of Water Resources - Division of Archives & History - Division of Air Quality - Division of Parks & Recreation - Division of Water Quality - 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 ................................... Review Public Comments; Public Hearing Possible ............ 4...................... If "NO", Assistant State Mining Specialist drafts a letter requesting additional information from applicant Additional information from applicant received and routed tolreviewed by Assistant State Mining Specialist and Land Quality Section Regional Office (go to*) .pplication & proposed permit act® reviewed by State Mining Specialist f 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 - Inactive Renewals - - High Airblast Remediation Plans - Non -controversial New Permits - Non -controversial Renewals - 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 I issued by the Division Director If "No", application & proposed permit action returned to Assistant State Mining Specialist for revision (go to *) For other permit actions, if "Yes", application & proposed permit action forwarded to and reviewed by Land Quality Section Chief Is application & proposed permit action complete/ acceptable?? If "NO", application & proposed permit action returned to State Mining Specialist/ Assistant State Mining Specialist for revision (go to *) If "NO", application & proposed permit action returned to Section Chief/State Mining Specialist for revision (go to *) END OF PROCESS NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) Name of Mine L awndal e Pit County Cleveland River Basin Broad Latitude(dd.mm.s45@ 24' 55" Longitude (dd.mm.ss) 81` 33' 30" 2. Name of Applicant* Asphalt Pa_ving_of Shelby, Inc. 3. Permanent address for receipt of official mil** PO Box 1526 Shelby. NC 28151-1526 Telephone 704.739.4563 4. Mine Office Address 124 Longbranch road Kings Mountain NC 28086 Telephone 704.739.4568 5. Mine Manager Donald G. Dedmon, Sr. 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 February 18, 2008 Print Name Donald G. Dedmon, Sr. Title Secretary/Treasurer * This will be the name that the raining permit will be issued to and the name that must be indicated on the reclamation bond (sccurity) 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. • o 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): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: b. If this is an application for RENEW Ai. of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 23-15 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 2.0 c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: - Does the modification involve acreage within the previously approved permitted boundary? Yes_ No_ If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification' fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes_ No . If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will anV portion of this acreage be affected (disturbed, ground cover removed) by the mining operation. Yes_ No_ (if no, a "minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification' fee will be based upon): d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: sand 3. Mining method: Hydraulic Dredge _ Front-end Loader & Truck Shovel & Truck Dragline & Truck Self -loading Scraper _ Other (explain) excavator an truck -2- APPLICATION FOR A MINING PERMIT d. a. Expected maximum depth of mine (feet) �-8 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) natural ground level b. Expected average depth of mine (feet)-!+ 6 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? Fall 2007, Asphal t Pavi ng of Shel by 6. Number of years for which the permit is requested (10 years maximum): 2 years B. MAPS 1. Clearly marls 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 six1Q copies of all mine maps and reclamation maps, must be submitted with each permit application. — 7.5 minute quadrangles may be obtained from: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 — County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 -3- APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial pphotographs or enlarged topographic [naps 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 minmg permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a_miminlum: 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 pplants (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. It. 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 lmnits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the rttinffig permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway; creek, stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, most 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 trap Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) M • 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 0 Stockpiles 0.9 Wastepiles 0 Processing Area/Haul Roads 0.4 Mine Excavation 0.4 Other NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE - SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- ® 0 APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 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 area to ',be mined is a natural sand Oi t. When there is alot of rain the river rises, it deposits sand in the area where stockpiles will be. Sand from the site will be loaded onto trucks and then removed. No mining in the river shall occur between May 1 and July 31 of any year to prevent disruption of fish spawning activities. No wetlands are anticipated to be disturbed. 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 shall be required when needed to justify the adequacy of any proposed measures. The existing plan has proven to be effective in mitigating any environmental or other offsite concerns with the operation and will be followed as such. This plan is described in detail on Attachment # 3. 3. 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 as a point discharge to the waters of the State? 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 map(s). 0 o APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes_ No x . If yes, do you intend to dewater the excavation(s)? Yes— No . If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine map(s) that lie within 500feet 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. Depth to ground water previously estimated to be approximately 40 feet. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 100,000 gallons per day aild 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. Pa/ A 4. 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? Excessive amounts of fugative dust will be controlled by wetting appropriate working areas, adjusting operational activities, controlling the traffic volume and speed, or other similar measures. -7- 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 25' buffer will be maitained between the excavation area and any adjacent properties. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the training 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). Vegetative buffers will be established between the land disturbance activities and the riverbank in accordance with the operating Olan. Existing buffer areas will remain undisturbed and naturally vegetated. Also, no wet lands areas will be impacted by the mining procedures. 5. 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 verticaI slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. The mining activities (excavation) will not extend close enough to the property boundaries to cause or pose any landslide or Slope instability. -8- 0 0 1 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 and/or slope drains (with supporting design information) if needed, and the method of final stabilization. See Attachment # 1 c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections for all cut slopes must be provided on the mine map(s). Excavated slopes in unconsolidated materials will be maintained at 3h:ly or flatter. 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. There will be no excavations within 300 feet of any existing structures or public roads. 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). Existing vegetation in buffer zones will remain undisturbed. There will be no high wall area. Mom 0 0 It APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes _ _ No x 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 maps) and provide cross - sections through all proposed berms or proposed spacings, sizes and species for tree plantings. Existing vegetation in buffer zones will screen operation from public view. 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? N/A 11. Will explosives be used? Yes No If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structures) to 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_. Now . If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the locations) of all storage facilities on the mine map(s). -10- APPLICATION FOR A MINING PERMIT 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 Mine will not generate any off -site waste. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. There are no processing facilities on site. Stockpiles will be leveled and roads will be graded and vegetated. b. Will any on -site roadways be left as part of the reclamation? Yes x No If yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No offisite generated waste shall be disposed of on the nine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. Any industrial waste will be disposed of offsite. -12- APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations foryear-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; 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] t MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature _ Print Name Title Agency -13- Date • APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. After sand is removed from stockpile area, the area will be leveled and smoothed to prevent pooling. Other disturbed areas will be graded and stabilized, the channel banks will be restored to as near natural conditions as practical! Reclamation shall be conducted with mining to the extent possible and shall be initiated as soon as mining activities cease. Final reclamation, including revegetation shall begin with the next available planting season and shall be complete within one year of cessation of mining activities. (See Attachment A 2) 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes_ No X . If yes, illustrate the location of the body(s) of water on the reclamation ma and provide a scaled cross-setrron(s) through the proposed body(s) of water. The minimum water map 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. 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. N/A unconsolidated materials -11- • 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 ra of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by Department to be affected during the life of the mining permit. Please insert the approximate acreage AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE■ COST Tailings/Sediment Ponds: 0 Ac. X $ /Ac. = $ Stockpiles: 0.9 Ac. X $ 1800 /Ac. = $ 1620.00 Wastepiles:—Ac. X $ /Ac. = $ Processing Area/Haul Roads: 0.4 Ac. X $ 1800 lAc Mine Excavation: 0.4 Ac. X $ 500 /Ac = $ 200.00 Other: Ac. X $ /Ac. = $ - TOTAL AFFECTED AC.: 1.7 Ac. ( TOTAL PERMITTED AC.: 2.0 Ac.) Tem orary &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 0 Ac. b) Positive Drainage 0 Ac. X $1,500.00 = $ 0 SUBTOTAL COST: $ 21540.00 Inflation Factor: 0.02 X SUBTOTAL COST: $ 6n_Rn X Permit Life (1 to 10 years): 2 INFLATION COST: $ 101.60 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ L641.60 Total Reclamation Bond Cost: $ 2.600.00 (round down to the nearest $100.00) v� bN _14_ APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that 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 he directly across and is contiguous to any highway; creek, stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Nonce" 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. NQJE: 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- 7: n .. NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that (Applicant Name) has applied on (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): (a) a new surface mining permit ❑ (b) a modification of an existing surface mining permit to add land to the permitted area The applicant proposes to mine on acres located (Mineral, Ore) (Number) (Miles) in of off/near road .(Direction) (Nearest Town) (Number/Name) County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal bush at the above listed address as well as at the appropriate regional office. For infnr Ia n regardi_ uw For information on the mining permit application review process, please contact to Proeram staff at (919) 733-4574. Please note that the Denarrment will consider any relevant wri (Addressee/Owner of Record Is Name and Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) 16- (Name of Applicant: Include Contact Person & Company Name, if Applicable) (Address of Applicant) s 0 APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I; , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) (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 pan of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to. said office at the following address: (Chief Administrative Officer Name) (Address) [City Manager, County Manager, Mayor, etc.] The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) Affidavit) (title of person executing a Notary Public of the County of , State of North Carolina, do hereby certify that personally appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal, this day of , 20 . Notary: My Commission expires: 17- 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: Print Name: Address: Telephone: Signature:* Print Name Title: Company:_ Mine Name: *Signature must be the same as the individual who signed Page 1 of this application. tsee neon page for tee scneamel to me rorm a cnecn 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. IRM MINING A nonrefundable permit application processing fee when filing for a new mining permit, a major permit modification or a renewal permit is required as follows: TYPE ACRES NEW PERMIT MAJOR RENEWAL MODIFICATION Clay 1 but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 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 500 500 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 500 500 50 or more 2500 500 500 Peat & 1 or more 2500 500 500 Phosphate Gold (Heap Leach), 1 or more 2500 500 500 Titanium & Others A nonrefundable $50.00 permit application processing fee is required for minor permit modifications. 'Minor permit modifications include ownership transfers, name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit huf er zone requirements, where no plans for mining related disturbance of the added lands have been approved. AL other changes are considered major modifications. Acres for new permits and renemal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both. 1012000 -19- Francis M. NevRs, Jr., P.E. Section CMef Land Qualiy Section 1612 Mail Service Center Raltdgh, NC 27699-1612 Shipping Address- Land Quality Section 512 North Salisbury Sir"( Raleigh, NC 276H Jaws D. Simons, P.G., P.E. - Chief Engineer Caroline Medlin, E.1: Sedboreal Education David H. Ward - Sedimemt Spcialise SpechJust Y - AaElsal Sediment Specialist Tracy E. Davis, P.E.-M1nWg Specialist Tahuha Brown- Sediment Education Intern Judy Welder - Assistant Mining Specialist "- Assistant Mining Specialist Secretaries 9. Dam Safely Engineer Wendy Spmle - Lead Secretary Tami Dodd, E.I.. Assistant Dam Safety Engineer - Stephanie Lave - Sediment & Dams James Caldwell, E.I. - Assistant Dam &rely Susan Edwards - Mining Engineer LAND QUALITY SECTION REGIONAL OFFICES Courier - 52-0140 Telephone: (919) 7334"4 PAX No.: (919)715.8801 Greg Taylor -LAN Coordinator ASHEVILLE MOORESVILLE WINSTON-SALEM RALEIGH RICHARD PHILLIPS, P.E. DOUG MILLER, P.E. MATTHEW GANTF, P.E. JOHN HOLLEY, P.E. Interchange Bldg, 919 North Main Street 585 Waughlowo Street 38M Barrel) Drive 59 Wuudfm Place Mooresville, NC 28115 Winston-Salem, NC 22101 Raleigh, NC 27609 Asheville, NC 28501 COURIER - 13.15.01 INTEROFFICE COURIER-12.59.01 COURIER - WN-06 (M6) 914600 (919) 57147N (828) 251-6208 (704) 66}1699 FAX d (336) 9714631 FAX d (919) $714918 PAX J (828) 251.6452 FAX J (704) 663.6040 Alanance ABeghany Ashe Chatham Durham Edgecombe Avery Buncombe Burke Alexander LWcoW Caswell Davidson Davie Recondition Granville Halifax Caldwell Cherokee Clay Cabamv Mecklenburg Forsyth Guildford Rockiughsm Johnston Lee Nosh Graham Haywood Heudwsum Catawba Rowan Randolph Studies Surry Northampton Orange Person Jaricson Macon Madison Cleveland Slasdy Watauga Wakes Yadkin Vance Wake McDowell Mitchell Polk Cannot Union Warren Wilson Rutherford Swain Transylvania Iredeld Yancey FAYETTEVILLE WILMINGTON WASHINGTON WILLIAM (TOBY) VINSON, P.E. DAN SAMS, P.E. FLOYD WILLIAMS, P.G. 225 Green Street 127 Cardinal Drive En. 943 Washington Square Mall Suite 214 Wdmington, NC 28495-3845 WaahWpen, NC 27889 Fayetteville, NC 28301 COURIER -UrN.01 COURIER - 14-5&25 COURIER - 0 1633 (252) 946b481 (910) 48&1541 (910) 395.3900 FAX p (252) 975.3716 FAX f (910) 4860907 FAX J (910) 350-2018 Beaufort Beetle Camden Chmraa Anson Montgomery Scotland Brunswick New Hanover Craven Curribuck Dare Gains Blades Moore Carteret Onslow Greene Hertford Hyde Janes Cumberland Welunand Columbus Pander Leooh Martin Pamlico Hamest Robeson pupils Posgemtavk Perqulmans Pitt Nuke Sampson Tyrrell Washington Wayne 0 REVISED 03)2002 SCHESE OF RECLAMATION COSTS Io�zoo�.ppue...m.epa (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.Pilen P.area/H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $18DO/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, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: - FINAL GRADING COSTS PER ACRE - LIME AND FERTILIZER COSTS PER ACRE - YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) - MULCH AND ANCHORING COSTS PER ACRE - ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. 1,000 copies of tLia public docweot sera printed at a cost a1 9015.81 or $.05 per copy. 4/2002 D®AR'INENT OF ENVIRON:UENT AND NA'INRAL RESOURCES DIVISION OF LAND RESOURCES - L QUALITY SECTION -21- a RxC,t;z FS 25 LAND ry SECTMN A o A secyoj (NOT TO SCALE) PERMITTED AREA 100 YEAR FLOOD VEGETATIVE LEVEL ZONE 6 - 8' OCKPILE AREA 41 0 46 FEB 25 2608 �` LH PamHNuaurt--'T- e.i I. AI11oYMle �. 9 • Nme THE MOE MAP W" TA i ASPHALT PAYING OF SHELBY THE USES MAP mA I9B2. • RECLAMATipi MAP MINNS PERMIT 4 25-15 0 0 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. 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 grade and revegetate the disturbed land areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The river banks shall be restored to as near the natural condition as possible. B. Any processing, stockpile, and other disturbed areas neighboring the mine excavation, including the haul road, shall be leveled, smoothed and stabilized. 7 ri Page 8 3 C. Compacted surfaces shall be disked, subsoiled or otherwise prepared before revegetation. a 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. 11.A. through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. Revegeetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Dates Species Rate, Lbs/Acre February 15 — April 1 Korean Lespedeza 10 Fescue 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 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 lbs/acre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. E. 6 Page 9 All disturbed river banks shall be planted with riparian vegetation. It is suggested that reed canary grass be sown at a rate of 15 lbs. per acre with a mixture of small trees (dogwood, black willow, alder and button bush) and large trees (red maple, green ash, sycamore, cottonwood, bald cypress, river birch and catalpa) planted on ten foot centers along the river bank for stability purposes. 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 (2) years of completion or termination of mining. i. 0 0 0 This permit shall be effective from the date of its is until April 22, 1998. FEB 2 5 2006 {AND OIUALITY SECTION 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: 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 storittwater 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 Water Quality Section, Division of Environmental Management, to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contaminant emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Cotmni s s i on . 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. The channel of the waterway shall not be diverted, constricted or widened. B. No mining related disturbance shall occur beyond the centerline of the First Broad River. 4. 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. 5. No mining in the River shall occur between May 1 and July 31 of any year to prevent disruption of tish spawning activities. Page 4 of 8 6. 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 or natural watercourse in proximity to the affected land. 7. All affected area boundaries on land shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. B. A. To ensure safety to boaters and others who may use the section of the river covered by this mining permit, signs shall be placed on the bank of the river at the upstream extremity and the downstream extremity of dipping operations warning river traffic of said p� operation. �7 B. As river traffic approaches, the dragline operation shall stop and allow the traffic to safely pass before dipping is resumed. 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. 10. 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. 11. 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 iinless authorization to conduct said disposal has first been obtained from both the Division of Solid waste Management and the Land Quality Section, Department of Environment, Health and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. . Page 15 o 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 o€;in a disposal facility approved by the Division of Solid Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that maybe Considered hazardous a shall be disposed of within the permitted area. 12. Sufficient buffer (minimum of 100 foot undisturbed) shall he maintained between any mining related activities and (other than the centekline of the river) any adjoining property line/permit boundary, right-of-way, bridge abatement or other structure to prevent damage of that property. Tax Opened: 09 /24 /1990 Ter*-60 MONTH Oppa ID: Number, 23050 ' Certificate of Deposit Account Number: Amount of Depoll TWO THOUSAND SEVEN HUNDRED AND 00/100 g 2,700.00 This Time Deposit is Issued to: I9Stler: _ FIRST NATIONAL BANK OF SHELBY ASPHALT PAVING OF SHELBY INC MAIN OFPICE PC n L28150TTE STREET SHELOX LBY Is C628151-1526 �l�lll!! 00 SHELB06NC Not Negotiable - Not Transferable - Additional terms are below. By >" — � RUTH G CHAMPION SECRETARY This form conmins the terms for your time deposit. It is also the Renewal Policy: Truth -in -Savings disclosure for those depositors entitled m one. There are additional terms and disclosures on page two of this form, some of QSingle Maturity: If chucked, this account will not automatically which explain or expand on tlmse below. Eau should keep one copy of this fora renew. Interest ❑ Scenic will ❑will nor aftermaturity. Maturity Dale: This account winners 04/24/2003 �q L9 Automatic Renewal: If checked, this account will automatically (See below for renewal information.) ation.) renew on are maturity date. (see page two for terms) Rate Information: Tire interest rate for this account is 5.250 % Interest ❑ will [Wwill not Scene after final maturity. with an annual percentage yield of 5. 35 %. This rate will N ACCOUNT OWNERSHIP; You have requested and intend the type of paid moil the Pul ly date specified above. Interval begins to accrue on account marked below. the business day you deposit any moncesh hem (for example, a check). ❑Individual ❑ )oinl Account - Na Survivorship I,m. W�I Interest will be crmpounded QUARTERLY OTnsh Separate Agreement Dated Interest will be credited QUARTERLY 13 ADDED BACK TO THE CD BALANCE ❑BANK JOINT ACCOUNT WITH RIGHT OF SURVIVORSHIP ®!The annual pamenmge yield assumes Nat interest retrains on deposit G.S. 53-146.1 We understand that by esmblishin66, a joint account under life unW maturity. A withdrawal of interest will reduce earnings. provision; of North Carolina General 9tamic 53-146.1 de ❑ If you close your account berme interest is credited, you will rim i. The bank may pay the money in [Ira account to, or on tire order of, receive the accrued interest. any person named in cite account unless we have agreed with the bank lltat wilhdmwalx require mom than one signature; and Mildiumm Bolan" Requiremmd: You must make a minimum deposit to 2. Upon the death of one joint owner the ntmrey remaining in the open this account of $ 11000.00 account will belong to the surviving joint owners and will not pass ❑ You nmat maintainIbis minimum balance on a daily basis a)cant tirecontrolled by itrheritanle to the heirs of die deceased joint owner or he by the deceased joint owner's will. annual percetitage yield disclosed. We DO elect in create die right of survivorship in this account. Withdrawals of Interest: ]metal 0 seemed Ucredited during a term can be withdrawn: IRS EARLY DISTRIBUTION ❑BANK TRUST ACCOUNT C.S. 53.146.2 PENALTIES MAY APPLY TO IRAS. I understand that by establishing a trust account under the provisions of Nonh Carolina Useful Statute 53-146.2 chat - Early Withdrawal Penalty: If we consent to a request for a withdrawal 1. During my flounce I may withdraw die money in the account; and that is otherwise not permitted you may have to pay a penalty. The 2 Y written direction or the bank I may change the hemfwiary; and 3 Upon my death the money remaining ill (he recruit will helmtg to penally will he an amount equal m: the benefa:ix and die money will not he inherited by my heirs or 90 DAYS INTEREST ON THE PRINCIPAL he controlled by will. AMOUNT WITHDRAWN. interest on the amount withdrawn. Name and Address The NUMBER OF ENDORSEMENTS needed for withdrawal or any other purpose is: I ENDORSEMENTS- SIGN ONLY WHEN YOU REQUEST WITHDRAWAL x K x 1093 Bankvp SVrm115. YV.. 5t. CIOW, MN IL8003873841 I rwm caAaaaue III 411SA a READ PAGE TWO FOR ADDITIONAL. TERMS *W r War r ASSI•• GNMENT OF SAVINGS ACCOUNT COPY This Assignment, made and entered into the 24th day of April 1996, by and between Asphalt Paving of aheiby Inc_ , (operator) of P::O::-:Box 1526 City of Shelby (address) County of Cleveland State of North Carolina and the North Carolina Department of Environment, Health, and Natural Resources; and WHEREAS, The undersigned Agphalt Paving of Rhethy inc. (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 19710 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, Health, 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 Certificate of Deposit $23050 WHEREAS, Operator has a savings account in First Nntional Rant: hf (bank name) Shelby at P.O. Box 168 , City of (address) Shelby County of � Cleveland , State of North Carolina, Savingica Accountpo�0 N23050 ; and WHEREAS, NCGS 74-54 authorizes the Department to accept from Operator an assignment of a savings account in a North Carolina bank, in lieu of a surety bond; NOW, THEREFORE, in consideration of the premises and the Department accepting an assignment of said savings account in lieu of a surety bond, the undersigned Operator does hereby sell, assign, transfer, set over to the Department of Environment, Health, and Natural Resources Twenty Seven Hundred------------- dollars ($ 2,700.00 ) of the sums on (dollar amount written deposit in his name in First National Bank of Shelby City of County of Cleveland , State of North Carolina, Sb(Witlys Account No. Certificate of Deposit 023050 and further authorizes First National Bank of Shelby to pay over to the (bank name) Department of Environment, Health, and Natural Resources the above sum of Twenty seven hundred dollars ($2.700.00 ) out of the above (dollar amount written) money deposit in the above account in his name. The condition 0 the foregoing assignment 15 that if the assignor Operator conducts the mining operations faithfully, honestly, and lawfully and in compliance with the requirements of the Mining Act of 1971 and applicable Rules and Regulations adopted pursuant thereto, then 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 Certificate of Deposit 82995n (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 First Natinnal Rank (bank name) of Shelby to pay said sum to Department on demand by Department. Asphalt. Pa g of Shelby, Inc. By: (Signs re of Operator) Sworn to before me this lath -- day of .7$1% April , 1998 Notary Public My Commission Er MyCgOMMJ&on QAs1.12-2000 (Affix Seal) ACKNOWLEDGEMENT BY BANK The foregoing Assignment of Savings Account is hereby acknowledged this 24th day of Aoki] 19 98 COPY It is further acknowledged that funds in the 9 above mentioned account shall not be disbursed except to the assignee, Department NOT NEGOTIABLEof EHNR while the assignment remains in effect. This the 24th day of April , *PLEASE MAIL THIS FORM AND THE ATTACHED 19 98 by INSTRUMENT TO THE (authorized agent for bank) FOLLOWING ADDRESS: Y.O. Box 168, Shelby, N.C. 28150 (mailing address of bank) LAND QUALITY SECTION Sworn to before me this '.1 �741 P. O. BOX 27687 RALEIGH, NC 27611 day of //.tLv. D/ 19 i Notary Public-LWW9 w& r pro My Commission Expires �1y Dommt"bn Ezp6es 3-22.2000 (Affix Seal) i%R 3 Tax Is Opened: 04/24/1998 Ter* 60 MONTH ID: Number: 23050 Certificate of Deposit Amount or Deposit: TWO THOUSAND SEVEN HUNDRED AND 00/100 This Time Deposit is Issued to: Issuer ASPHALT PAVING OF SHELBY INC PO BOX 1526 SHELBY N C 2B151-1526 Not Negotiable -Not Transferable - Additional terms are below. Account Number: FIRST NATIONAL BANK MAIN OFFICE 104-106 S LAFAYETTE SHELBY NO 28150 2,700. OF SHELBY STREET By RUTH G CHAMPION �( /J�1Le2! SECRETARY Additional Terms and Disclosures This form contains the mrTns for your time deposit. It is also me Renewal Policy: TmN-in-Savings disclosure for those depositors entitled to one. There are additional terms and disclosures on page two Of this form, some Of which explain or expand on those below. You should keep one copy of ❑Single Maturity: If checked, this account will not automatically this form. renew. interest ❑will ❑will not accrue after maturity. Y Maturity Dale: This account matures 04/2412003 INAummafic Renewal: If checked, this account will automatically (See below for renewal information.) renew on the maturity Bale. (see page two for terms) Raw Information: The interest rate for this account is 5.290 % Interest ❑ will ®$vill not accrue after rated maturity. with an annual percentage yield of 5. 3S %. This rate will be ACCOUNT OWNERSHIP: You have requested and intend the type of paid until the maturity date .specified above. Interest begins in accme on account marked below. the business day you deposit any Mannish item (for example. a check). ❑Individual ❑ Joint Amount - No Survivorship Interest will be compounded QUARTERLY ❑Tmsc. Separate Agreement Dated Interest will be credited QUARTERLY ❑ ADDED HACK TO THE CD BALANCE ❑BANK JOINT ACCOUNT WITH RIGHTOFSURVIVORSHIP UThe annual percentage yield assumes that interest remains on deposit G.S. 53446.1 We understood that by esublismag a joint amount under dre until maturity. A withdrawal Of interest will reduce earnings. provisions of North Carolina General Stature 53-146.1 Nan ❑ If you close your account before interest is credited, you will not 1. The batik may pay the money in the account to, or on the order of. receive the seemed interest. any Person aimed in the account unless eve have agreed with the bank Nat withdrawals require more than one signature: and Minimum Balance Requirement: YOU most nuke a minimum deposit in 2. Upon the death of one joint owner the money narrowing in the open this account of 6 1,000.00 account will belong in Ne surviving joint owners and will not pass ❑ You must maintain this minimum balance on a daily basis to earn the by inberitance to the heirs controlled by the deceased joint of the deceased joint owner or be owner's will. annual percentage yield disclosed. We DO elect to ctmro the right of survivorship in this account. Withdrawals or Interest: Inherent ❑ accrued Z%credited during a arm can be withdrawn: IRS EARLY DISTRIBUTION PENALTIES MAY APPLY TO IRAS. ]arty WlNdrawal Penalty: If we consent to a request for a withdrawal hat is otherwise not permitted you may lure to pay a penalty. The easily will be an amount equal w: 90 DAYS INTEREST ON THE PRINCIPAL AMOUNT WITHDRAWN. interest on the amount withdrawn. axpayer identification number is required rot almost every type crown. A certification for this number is also required and contained on the first copy Of this certificate. ersom who are exeml 1ril copy of ibis form, ill cause us to within tS). Pmvlding a false El BANK TRUST ACCOUNT G.S. 53-146.2 f understand Nat by establishing a trust account under the provisions of North Carolina General Stamm 53-146.2 that: I. During my lifetime I may withdraw the money in The account; awl 2. By written direction to the bank I may Grange Me Ihenefici 17 and 3. Upon my death the money remaining in the account will belong to the beneficiary and the money will nor be inherited by my heirs Or be controlled by will. Name and Address of The NUMBER OF ENDORSEMENTS needed for withdrawal or any other purpose is: L ENDORSEMENTS - SIGN ONLY WHEN YOU REQUEST WITIIDRAWAL X X X 13m,nw sysr.ms.so..St. raised, MN n 800,397a3411 rwm W.44Bx.NCm 4125198 READ PAGE TWO FOR ADDITIONAL TERMS Nny iar al cJC7- ASOGNMENf OF SAVINGS ACAUN'i' COPY This Assignment, made and entered into the 24th day of April 19 98 by and between Asphalt Paving of 3bplhy inn , (operator) of P:O. :Box 1526 , City of Shelby , (address) County of Cleveland , State of North Carolina and the North Carolina Department of Environment, Health, and Natural Resources; and WHEREAS, The undersigned Asphalt Paving of Shplhy. tnn. (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, Health, 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 Certificate of Deposit $23050 WHEREAS, Operator has a savings account in First National Rank hf (bank name) Shelby at P.O. Box 168 City of (address) Shelby County of Cleveland , State of North Carolina, Savingsatlgceoun�ofitot g23050 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, Health, and Natural Resources dollars ($2,700.00 ) of the sums on deposit in his name in First National Bank of Shelby City of (bank name) Shelby County of Cleveland State of North Carolina, SW41A64s Account No. Certificate of Deposit #23050 and further authorizes First National Bank of Shelby to pay over to the (bank name) Department of Environment, Health, and Natural Resources the above sum of Twenty seven hundred dollars ($2,700.00 ) out of the above (dollar amount written) money deposit in the above account in his name. The condition* the foregoing assignment that if the assignor Operator conducts the mining operations faithfully, honestly, and lawfully and in compliance with the requirements of the Mining Act of 1971 and applicable Rules and Regulations adopted pursuant thereto, then 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 3Dd the CertiRonte of nepngit e2snsn (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 Firat Nnwonni Rnnk (bank name) of Shelby - to pay said sum to Department on demand by Department. Asphalt Pa g of Shelby, Inc. By: (Signs re of Operator) Sworn to before me this 24th day of 1�/—�Aoril , 1998 i Notary Public My Commission, E ire�2000 My Comm)smon tal'ires (Affix Seal) ACKNOWLEDGEMENT BY BANK The foregoing Assignment of Savings Account is hereby acknowledged this 24th day of April F 19 98 COPY It is further acknowledged that funds in the above mentioned account shall not be disbursed except to the. assignee, Department ��T rr�T�ABLE of EHNR while the assignment remains in effect. This the 24th day of April *PLEASE MAIL THIS FORM � �� AND THE ATTACHED 19 98 by V INSTRUMENT TO THE (authorized agent for bank) FOLLOWING ADDRESS: Y.O. Box 168, Shelby, N.C. 28150 (mailing address of bank) LAND QUALITY SECTION Sworn to before me this 244)4h P. O. BOX 27687 RALEIGH, NC 27611 day of � .0/�"//rn��//' , 19 Notary Public(.aucC. My Commission Expires 1fy Commk*n Expires 3.22-200D (Affix Seal) �j A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, P.G., P.E. Land Quality Section Michael F. Easley, Govemor Director and State Geologist William G. Ross Jr., Secretary March 28, 2003 Mr. John M. Conner Asphalt Paving of Shelby, Inc. P.O. Box 1526 Shelby, North Carolina 28150-1526 Re: Permit No. 23-15 Lawndale Pit Cleveland County Broad River Basin Dear Mr. Connor: Your application for renewal of the above referenced mining permit has been approved. A copy of the renewed permit is enclosed. The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request and as required to insure compliance with The Mining Act of 1971. The term of this permit has been limited to five (5) years pending consideration by the Mining Commission of the dredge versus dragline issue. Therefore, this permit expires on March 28, 2008. As a reminder, your permitted acreage is 2.0 acres and the amount of the land you are allowed to disturb at this site is 1.7 acres. Please review the renewed permit and advise this office at (919) 733-4574 should you have any questions concerning this matter. Sin rely, 1 - racy E avis, P.E. i State Mining Specialist % Land Quality Section - TED/iw Enclosure cc: Mr. Doug Miller, P.E. Ms. Shannon Deaton-WRC, w/enclosure Mr. Bradley Bennett-DWO, w/enclosure Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosure 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX, 919-733-2876 512 North Salisbury Streel, Raleigh, North Carolina, 27504 ^ Q. . An Equal opportunity lAftialive Action Employer-50% Recycleo 110% Post Consumer Pape i 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: Asphalt Paving of Shelby, Inc. Lawndale Pit Cleveland County — Permit No. 23-15 for the operation of a Sand Dipping Operation 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: March 28, 2008 0 • 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, 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 bone of 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 the 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 Whenever 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 July 13 ,1988: This permit has been modified to allow the use of a dragline as outlined by the modification request dated June 24, 1988. November 15, 1995: This permit has been modified to delete Operating Conditions Nos. 6.B., 7.A. and 7.8. as these conditions are not applicable to this mine site Expiration Date This permit shall be effective from the date of its issuance until March 28, 2008. 0 Page 3 Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 7446, 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 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. S. 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. The channel of the waterway shall not be diverted, constricted, or widened. B. No mining shall occur beyond the centerline of the First Broad River. C. Stockpiles shall be removed daily from the point bar to prevent flooding and sedimentation of the river and adjoining properties. 4. Any mining activity affecting waters of the State, water of the U. S., or wetlands shall be in accordance with the requirements and regulation promulgated and enforced by the NC Environmental Management Commission. 5. A. No mining shall occur in the First Broad River between May 1 and July 31 of any year to prevent disruption of fish spawning activities. B. Removal of sand/gravel from the point bar shall only occur during periods of low flow when the sand bar is dry to prevent sedimentation of the river during material removal. 0 0 Page 4 6. 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 states 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. Mining activities shall be conducted as indicated on the Mine Map dated January 16, 1998 and received by the Land Quality Section on March 3, 2003. 7. All affected area boundaries on land shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. a. A. To ensure safety to boater and others who may use the section of the First Broad River covered by this mining permit, signs shall be placed on the bank of the river at the upstream extremity and the downstream extremity of dipping operations warning river traffic of said operation. B. As river traffic approaches, the dragline operation shall stop and allow the traffic to safely pass before dipping is resumed. 9. 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. 10. 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. The following steps shall be taken at this mine site to ensure safety to boaters and others who may use the section of the river covered by this mining permit: 11 _ 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 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. [7 E 0 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. 74A9 (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. 12. Sufficient buffer (minimum of 100 feet) shall be maintained between any mining related activities and (other than the centerline of the river) any adjoining property line/permit boundary, right-of-way, bridge abutment or other structure to protect adjacent property. 13. An annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 14. 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 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. 15. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $2,700.00 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. • 0 Page 6 16. 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 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. 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 grade and revegetate the disturbed land areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The river banks shall be restored to as near the natural condition as possible. B. Any processing, stockpile, and other disturbed areas neighboring the mine excavation, including the haul road, shall be leveled, smoothed and stabilized. 0 0 Page 8 C. Compacted surfaces shall be diskea, subsoiled or otherwise prepared before revegetation. 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. 11.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: Dates Species Rate Lbs/Acre February 15 —April 1 Korean Lespedeza 10 Fescue 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 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. 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. 0 Page 9 All disturbed river banks shall be planted with riparian vegetation. It is suggested that reed canary grass be sown at a rate of 15 lbs. per acre with a mixture of small trees (dogwood, black willow, alder and button bush) and large trees (red maple, green ash, sycamore, cottonwood, bald cypress, river birch and catalpa) planted on ten foot centers along the river bank for stability purposes. 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 (2) years of completion or termination of mining. This permit; issued April 22, 1998, modified July 13, 1988 and November 1995, and renewed May 12, 1998, is hereby renewed this 28t' day of March, 2003 pursuant to G.S. 74-52. By: .lames D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources 1'. it U 14 UI {- U ly n v of It U c V it II U ; rr it o I u U Ir .LI to !1 t o• I of n ij1 tip ...I JJ qI 4 a, :J P: IN. U 'V 1J U ly v - :• n. I ip c V n VI L. IJ 11 nl U ...I u It If N If r.: In N N U• i.i III •�1 i1 U ' I U• ,�:1 N 11 nl U v III V '1 IJ it) U It N C f.: ...1 I: N U• � .i� 3 V-I N 41 Up i if �i: �.i j n ii �:i m •U U ni 61 If:: .0 U U I I`P III to .1.1 11 IJ"'P ❑ IJ p[ o r-1 of H U 14 ,•1 d 1-I i.l r y t t4 5: ❑ O hl IJ F' 1" 4 'N C 1" •M O N VI J I-1 nl to: .1 Y G1 r .� n• N N n n• O Ul �t 0 LI 14 W . 0 n) Do 1-10 1J 14 I U N x NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES LAND QUALITY SECTION APAPPLICATION FOR A MINING PERMIT ?' .. (PLEASE PRINT OR TYPE) 1. Name of Mine Lawndalg Pit County Cleveland _ 2. Name of Applicant' Asphalt Paving f h lbv 3. Permanent address forreceipt of official mail** PO BQx 1526. Shelby. North Carolina 28150 Telephone 704 739-4568 4. Nkne Office Address Hvw 74 East. Branch Road. Shelby, North, Carolina 28150 Telephone 704 7394569 S. Mine Manager Donald Dedmon We hereby certify that all details contained in this Permit Application are true and correct to the best of knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. Date -Fe 6. r'�-o — aD D3 Print Name Donald Dedmon Title SEC; * 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. W APPLICATION FOR A MINING PERMIT z ■ NOTE: All of the following questions must belthoroughly answered with regards to your mining operation for the: intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that TePnew permit" fee will be based upon): NIA Of this acreage, how much is owned and how much is leased? ' Acres owned. Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mininpeermit, indicate the permit number and the�to±abi- (overall) acreage covered bythepermit: g Permit No.: - 23-15 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 2 c. If this is an application for a MODIFICATION to a maninS permit, indicate the mining permit number and the total (over acreage covered y the existing permit: Mining Permit No.: NIA Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes No If yes, indicate the additional acreage to be covered by this modification (this is tl acreage that the "major modification" fee will be based upon): Does the modification involve acreage outsid the previously approved permitted boundary? Yes No_. If yes, indicate, the additional acreage to be covered byy this modification: (NOE: 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 repaired, 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 y the existing permit: Mining Permit No.: NIA Total permitted acreage: ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 0 3 Indicate the appprox4nate longitude and latitude, in degrees -minutes -seconds, of the center of the mine site: LONGITUDE (dd-mm-ss): 81 -- 33 -- 30 Quadrangle: Lawndale LATITUDE (dd-mm-ss): 35 — 24 Name of all materials mined: sand 2 LJ APPLICATION FOR A NfINING PERMIT 4. Mining method: Hydraulic Dredge Front-end Loader & Truck Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain) Excavator .& Truck 00 5. a. Expected maximum depth of mine (feet) 8 ,Reference elevation: GS to o b. Expected average depth of mine (feet) f 6 6. Has any area(s) at this site been mined in the past? Yes 'X No If no, proceed to Question 7. a. Acreage of previously affected land(s) at present site that has not been reclaimed: 1.7 acres (identify all areas on your mine map(s)). b. When and by whom was this activity conducted? During initial teEn by aeUMjtggt the time c. Acreage of previously affected land at present $ite that has been reclaimed: 0 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 X 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 acres Fish/Wildlife 0A acres Recreation acres Other 1.6 acres (Specify use: Mining Haul roadroadLl 1&cellyeous ) 8. Proposed land use after mining and reclamation has been completed (estimate acreage for each): Cropland acres Pasture acres Forestryacres Fish/Wildlife 0.4 acres Recreation acres Other 1.6 acres (Specify use: Revegetated with grasses _ ) 9. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS 1. Four (4) copies of the county highway maps and four (4) copies of all mine maps and reclamation maps shall be submitted with each permit application. County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 Clearly label and mark the location of your mining operation on the county highway maps. r • APPLICATION FOR A MINING PERMIT '•2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs .or enlarged_ of 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) -aacreage, As a reminder mining permits can only be issued for'up to 10 years; thus, all mine'and reclamation maps only r., ; . ,>„ denote those activities that are intended to be cojid'&"ed if"ng'tI a life of'th'e'mining permit. All maps must be of a scale sufficient (see mrdmum 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. F. " P'•' 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 unexcava.M'). e. Outline and acreage of all pits/excavations. k f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing' plants maybe described as to location and distance from mine if sufficiently far removed). ' i. Locations and names of all streams, rivers, and lakes._. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. el 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 S. 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 1 inch = 200 feet 10 4 APPLICATION FOR A MINING PERMIT A tablelchart must be provided on the mine map that clearly fists the approximate acreage of tailings/sed'unent ponds, stockpiles, wastepiles, processing arewhaul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the fife of the mining permit. A tableichart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Taihngs/Sedment Ponds 0 Stockpiles 0.9 Wastepiles 0 Processing Area/Haul Roads 0.4 Mine Excavation 0.4 Other 0 Total 1.7 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. C. PROTECTION OF NATURAL RESOURCES 1. a. Will the operation involve washing the material mined, recycling process water, or other wastewater 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 wastewater from the mine or plant? Yes _ No X . If yes, briefly describe the nature of the discharge and locate all I* e APPLICATION FOR A MINING PERMIT proposed discharge points (along with their method of stabilization) on your mine ► ap(s)• c. Will any part of the proposed mine excavation(s) extend below the water table? Yes _ No X . If yes, do you intend to dewater the excavation(s)? Yes _ No _. If yes, what impact, if any, will mine dewatering have on neighboring wells? Locate all existing wells on the mine maps) that lie within 500 feet 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. Depth to groundwater previously estimated to be approximately 40 feet. d. If the mine will extend below the water table, what is the pre -mining depth (in feet) to the seasonal high and low groundwater tables? High _ ft. Low _ ft. What is the source of this information? 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- to discharge, NPDES, etc.) from the Division of Environmental Management, Water Quality Section. 2. a. Will the operation involve crushing or any other air contaminant emissions? Yes _ No X . Byes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Environmental Management, Air Quality Section, or local governing body. b. How will dust from stockpiles, haulroads, etc. be controlled? Excessive amounts of fugitive dust will be controlled by wetting appropriate working areas, adjusting operational activities, controlling traffic volume and speed, or other similar means. 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. The area to be mined is a natural sand pit. When there is a lot of rain and the river rises, it deposits sand in the area where stockpiles will be. Sand from the site will be loaded onto trucks and then removed. No raining in the river shall occur between May and July 31 of any year to prevent disruption 10 of fish spawning activities. No wetlands are anticipated to be disturbed. 0 APPLICATION FOR A MI U NG PERMIT 4. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent off -site sedimentation (include specific plans for sediment and erosion control for mine excavadon(s), waste piles, accesvWne roads, and process areas) and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine maps) and provide typical cross sections/construction details of each measure. The existing operating plan has proven to be effective in mitigating any environmental or other offske concerns with the operation and will be followed as such. This plan is described in detail on pages 3-5 of the materials in the following section. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. S. a. How wide a buffer will be maintained between any mining activity and any adjoining permit boundary or right-of-way? Buffers must be located within the permit boundaries. Buffers along permit boundaries must be, at a minimum, unexcavated buffers. Show all buffer locations and widths on the mine map(s). A 25' buffer will be maintained between the excavation area and any adjacent property. b. How wide a buffer will be maintained between an land disturbing activities within Y g 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). Vegetative buffers will be established between the land disturbance activities and the riverbank in accordance with the operating plan. Existing buffer areas will remain undisturbed and naturally vegetated. Also, no wetland areas will be impacted by the mining procedures. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. The nine excavation will not extend close enough to the property boundaries to cause any landslides or slope instability. 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. 7 APPLICATION FOR A M UNG PERMIT 40 The mine excavation will not extend close enough to the property boundaries to cause any -physical damage. c. Describe what kind of barricade will be used to prevent inadvertent public access along any highwall area and when it will be implemented. Vegetated earthen berms, appropriate fencing, and adequate boulder barriers may be acceptable highwall barricades. A construction detaillcross section and location of each type of barricade to be used must be indicated on the mine map(s). There will be no highwall area. d. Provide a cross section on the mine maps) for all fill slopes (berms, waste piles, overburden disposal area`, etc.), clearly indicating the intended side slope groriie �!, installation of any benches, andlor slope drains (with supporting design information), if needed, and the method of f nal stabilization. e. In excavations) 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). Excavated slopes in unconsolidated materials will be maintained at 3h:1 v or flatter. r� f. In hardrock excavations, specify proposed bench widths and heights in feet. l� 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? 8. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes, or other vegetation, building berms, or other measures. Show the location of all visual screening on the mine maps) and provide cross sections through all proposed berms or proposed spacings, sizes, and species for tree plantings. Existing vegetation in buffer zones will remain. 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. 8 APPLICATION FOR A MINING PERMIT �f Locate the nearest off -site occupied spucture(s) to the proposed excava on(s) on the mine map and indicate its appraximate 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 the method of containment in case of spill Indicate the locations) of all storage facilities on the nine 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 specif cations for erosion and sediment control D. RECLAMATION PLAN 1. Describe your intended plan for thermal 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 existing reclamation plan will be implemented as presently approved. This plan is described in detail on pages 7-8 of the materials in the following section. After the sand is removed from the stockpile area, the area will be leveled and smoothed to prevent pooling. Other disturbed areas will be graded and stabilized, and the channel banks will be restored to as near the natural condition as practical. 2. a. Is an excavated or impounded body of water to be left as part of the reclamation? Yes _ No X . 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 average water depth must be at least 4 feet unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes No If yes, specify species. b. Describe provisions for prevention of noxious, odious, or foul water collecting or remaining in mined areas. Provide details and locations of any permanent water outlets on the reclamation map. The land surrounding the river shall be graded to prevent noxious or foul water. 9 APPLICATION FOR A MINING PERMIT g• 3. Describe provisions for safety to persons and to adjoining property in a0 completed excavations in rock including what kind of permanent barricade will be left Construction details and locations of all permanent barricades trust be shown on the reclamation map. N/A - unconsolidated materials 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 jar such areas must be provided on the reclamation map. This mine does not generate any on -site wastes. - 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. Stockpile and other working areas shall be leveled, smoothed, and revegetated. The access road shall be stabilized and revegetated as appropriate. b. Will any on -site roadways be left as part of the reclamation" Yes X No — If yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization e 6. Describe the method of reclamation of settling ponds and/or sediment control basins. N/A Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site generated waste shall be disposed of on the mine site without Prior written approval from the NC Department of Environment, Health, and Natural Resources, Land Quality Section and either the Division of Solid Waste Management (DSWM) or local governing body. If a disposal permit has been issued by DSWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. Industrial wastes will be disposed of offsite. 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. 10 e APPLICATION FOR A M NING PERMIT Y NIA 9. Provide a schedule of reclamation that indicates the sequence of reclamation and approximate time frame. If reclamation is to be accomplished concurrently with mining, then clearly indicate on the mine maps) and reclamation map each segment that is to be mined and reclaimed during each year of the permit. Add drawings showing typical cross sections and final features of the proposed reclamation. Reclamation shall be conducted concurrently with mining to the extent possible and shall be initiated as soon as mining activities cease. Final reclamation, including revegetation shall begin during the next available planting season and shall be completed within one year of the cessation of mining activities. E. BONDING The existing security bond of $2,500.00 is expected to be sufficient considering the site -specific conditions, including flat terrain, unconsolidated materials, minimal waste areas, shallow excavation, and general simplicity of the operation. F. NOTIFICATION OF ADJOINING LANDOWNERS Since there are no modifications involved in this renewal, formal landowner notification is not required. G. LAND ENTRY AGREEMENT No changes are being made in land ownership status, therefore an updated Land Entry Agreement is not necessary at this time. 11 e • PERMIT BOUNDARY -' NNr / � FOI'MNIY /- `/ Iy4/T C. lATM101E e 2 RH= /19 Bl 7 M �: SRIU ASPHALT PAVING OF SHELBY - LAND OWNERSHIP MAP MANG PERMIT • 23-I5 r.� •r r� rr r.rr�s Mown errs Mme TIE Mm Mar was T a f l LSG9 Mar MT 19U. 1 �, I SEC V MN A o A° (NOT TO SCALE) PERMITTED AREA 100 YEAR FLOOD VEGETATIVE LEVEL ZO 6 - 8' TOCKPILE AREA j j