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HomeMy WebLinkAbout08-22_1_RedactedEnergy, Mineral & Land Resources ENVIRONMENTAL QUALITY December 1, 2017 EWM LLC EWM LLC PO Box 369 3 Bracey, VA 23919 RE: Mining Permit No. 08-22 Bent River A Mine Bertie County Dear EWM LLC: ROY COOPER Gommor MICHAEL S. REGAN Secretary TRACY DAVIS Director This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The "life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee'of $400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017 — see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. if you have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, or me at (919) 707-9220. Sincerely, William `Toby" Vinson, Jr., PE, CPM Interim Director, DEMLR 51ate or North Caralina I Environmental Quality I Energy, Mineral and Land V-soul Les 512 N. Salisbury Street 1 1612 Malt Service Center I Raleigh, North Carolina 27699-1612 y19 707 9200 MINING CHECKLIST FOR ROUTING Applicant's Name:_�-w(� „�� L ProjectName: slit/ t T Applic./ Permit No: _LkL_zZ-3. County: Date Received 1 1�j L. Retriever: ( �L. River Basin Name: E,-4) / ❑ New ❑ Renewal ❑ Modification (inside permit bauadaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release { �� ❑ Partial Release ❑ Additional Information ❑ Fee Needed; XF. Received s � Please route entire application package to: Pe WE h i Regional Office (x omnpW ropier attach the "LQS Regional Offia Mining Application Review Checklist" to one C" and auA both the DAQand DWR "Mining Application Review Fa m" to the other copy; send bosh topics to the Regional Engineer) , Date: Routed I I rf I ! / Rec'd ❑' Division of Water Resources Date: Routed T— Rec'd r ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ US Fish dr Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route first : ones of the atplication and anv location macs to: ❑ Division of Parks a Recreation Date: Routed Rec'd ❑ NC Geological Survey Section Date: Routed Rec'd ❑ Division of Marine Fisheries Date: Routed Rec'd ❑ Division of Soil & Water Conservation (plus LEA) Date: Routed Rec'd (Only new applications and modifications requests that add land to the permit) ❑ Division of Archives ter History (Only new applicants) ❑ Other: Date: Routed Rec'd Date: Routed Rec'd Suspense Date for Comments: � 1 A (no later than z5 days from receipt) ❑ Please note the following: �r N E. W. M., LLC E.'W. MATTHEWS m E COC W. M 0 E W P 0 BOX.369 PH 434-636-6363 B C RACEY, VA 23910 'PAY TO THE 0 ORDER 0 Carter Bank &.Trust io"WhHULVA2300 v 8.492 6BA93A14 DATE. -/<- h5 .0 0 L L A R.S RECEIVED E.W.M., LLC NOY o 6 Z017 P. O. Box 369 LAND QUALITY Bracey, Virginia 23919 MINING PROGRAM Telephone 434-636-6363 Fax 434-636-5644 hmopc@buggs.net October 23, 2017 Department of Environmental Quality Division of Energy, Mineral and Land Resources 512 North Salisbury Street 1612 Mail Service Center Raleigh, NC 27699-1612 RE: EWM, LLC t/a Bent River Materials Bertie County Permit Number 08-22 Gentlemen: In accordance with your letter of October 11, 2017, regarding the reissuance of the captioned permit effective on that date, I enclose my check payable to the North Carolina Department of Environmental Quality in the sum of $400 in payment of the annual operating fee due on or before December 31, 2017, and on or before July 1 of each succeeding year to be made in connection with the Annual Reclamation Report due also on a before that date. I will notify my bank that the Irrevocable Standby Letter of Credit in the present amount of $172,000 may be reduced to $162,000 computed on the new total affected acreage of 207.78 acres that we are permitted to disturb. Very truly yours, E.W.M., LLC BY: E. wren Ma s, Sole Trustee/Manager sht Enclosure t:a Energy, Mineral & Land Resources October 11, 2017 ENVIRONMENTAL QUALITY Mr. E. Warren Matthews EWM, LLC P O Box 369 Bracey, Virginia 23919 Re: Berit River'(A) Mine Mining Permit No. 08-22 Bertie County Roanoke River Basin Dear Mr, Matthews: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY .DAVIS Director 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. The conditions in the attached mining permit were based primarily upon the initial application. Modifications.were made as indicated by your request and as required to insure compliance with The Mining Act of 1971. ' 1 would like to draw your attention to the following conditions where minor additions or changes were made: Operating Condition Nos, 4E, 5, 9A, 9B, 11 and 13. As a reminder, your permitted acreage at this site is 218.88 acres and the amount of land you',are approved to disturb is 207.78 acres. The reclamation bond has been recalculated based on the revised mine maps. The new bond amount required for this site is $162,000.00. You may wish to reduce the $172,000.00 Irrevocable Standby Letter of Credit currently on file to $162,000.00. State of North Carolina I Environmentai Quality I Energy. Mineral and Land Resources 512 N. Salisbury Street 111512 Mall Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 Mr. Matthews Page Two Please review the attached permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. cerely, Davis, PE, CPM DEMLR TEDIjw Enclosures cc: Mr. Samir Dumpor,'PE . Mr. William derringer-DOL, Mine and Quarry'Bureau, w/o enclosures J DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES i i ' f PERM -IT _ ---- - for the operation of a mining activity' In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1$71," Mining Permit Rule ,15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: EWM, LLC Bent River (A) Mine Bertie County - Permit No. 08-22 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality, 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 revocation or suspension of this permit.' This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may_release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event.that the Department'determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures'authorized'by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 7.4-49. Modifications April_25, 2011: This permit has been modified to increase the permitted acreage to 229.98 acres and the affected acreage at this site to 218.88 acres as indicated on the mine map received on December 8, 2010. The modification includes the expansion of the existing mine excavation area to the east, south and west, including the installation and maintenance of all associated supporting features and appropriate erosion and sedimentation control measures. March 15, 2012_ This permit has been modified to allow dewatering activities at this site as indicated on the mine map last revised January 30, 2012 and as outlined in the additional information on January 31, 2012 with stipulations. Page 3 This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017-209 and has no expiration date. However, all provisions of -GS 74751 and GS 74-52 still apply for new, transferred and modified mining permits. 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 stoirmwater runoff from .the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A.. Any mining process producing air contamination -emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining, operations, water trucks or other means.that may be necessary shall be utilized to prevent dust from leaving .the permitted area. 3. A. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of,the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission.. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavations shall be diverted internal to said excavations or into appropriate erosion and sedimentation control measures. Page 4 C. ' No pit water shall be discharged beyond the permit boundary. D. A minimum of one (1) foot of freeboard shall be maintained at all times in the receiving mine pit. If the minimum freeboard is reached, all mine dewatering activities at the site must cease. E. All mining activities, including the installation and' maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the Mine Map last revised June 30, 2017 and supplemental information received on May 22, 2017 and August 15, 2017. 5. All permit boundaries (218.88 acres) shall be permanently marked at the site on 100- .foot intervals unless the line of sight allows for larger spacing intervals: 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or strdctur`es sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. B. Buffers shall be maintained as indicated on the Mine Map last revised June 30, 2017. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the, minirtig permit area ishall 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 Division of Energy, Mineral and Land Resources, Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. Page 5 B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the" purposes of this permit, the Division of Energy,41ineral 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. 11. 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. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $172,000.00 Irrevocable Standby Letter of Credit (of which $162,000.00 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 6 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his. employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives.and History. Page 7 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S._ 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and b-e 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: 1. Provided further, and subject to the _Reclamation schedule, the planned reclamation shall be to restore the mine excavations to lake areas and to grade and revegetate the adjacent disturbed_ areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake areas shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 8 B. The side slopes to the lake excavations shall be graded10 a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for 'wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. I. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: ,. Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October October 25- February 15 Soil Amendments Species Rate, Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarifed) 30 German millet 40 Rye (grain- temporary) 120 Lime - 2000 Ibslacre or follow recommendations from a soil test. Fertilizer- 1000 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately. Page 9 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued June 7, 2007 and modified April 25, 2011 and March 15, 2012, is hereby re -issued this 11th day of October, 2017 pursuant to GS 74-52. Tracy E. DaM, PE, CPM, Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environmental Quality APPLICATION FOR A MINING PERMIT r L E. DETERMINATION OF AFFECTED ACREAGE AND BOND rCJ The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to ,$5,000 per affected acre) for each permitted mine site based upon the -acreage approved by the' Department to be affected during the life of the miningpermit. Please insert the approximate acreage, for each aspect o fthe mining operation, that you intend to affect during the life ofthis mining permit tin addition, please insert the qRprovriate reclamation cost/acre for each cateyory from the Schedule of Reclamation Costs provided with this aeplicationform) OR you can defer to the Department to calculate your bond for Eou based ypon your maps and standard reclamation costs: 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: ! V Ac. X $ 18`— /Ac. — $ 3 1; (ob Mine Excavation: ! 6-3, Ac. X $ /Ac. — $ 0 Other: Ac. X $ l l� /Ac. TOTAL AFFECTED AC.: a02 Ac. (TOTAL PERMITTED AC.: Ac.) 1. Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage _ aJ)9, ?18 Ac. b) Positive Drainage Inflation Factor: Ac. X $1,500.00 = $ SUBTOTAL COST: $_ 13 $4 0 i a 60 0.02 X SUBTOTAL COST: $ 135 W X Permit Life (1 to 10 years): INFLATION COST: $ a, TOTAL COST =SUBTOTAL COST + INFLATION COST dDQ/91, Total Reclamation Bond Cost: $_ (round down to the nearest $I00.00) . -14- ems, :R is a. - ,a a gi- 0 v� --ACCESS ROAD IlAre1o►ylol 2 20 FT UNDISTISTURBED LANDSCAPE BUFFER 30 FT BERM/BUFFER +■ HAUL ROAD EXISTING MINING AREA PROPERTY LINE —- PERMIT LINE OVERHEAD UTILITY LINE WELLS SITE LOCATION GRID LAT. 36.0953 LONG: 77.2544 PERMITTED ACREAGE TOTAL = 218.88 ACRES AFFECTED ACREAGE PROCESSING AREA/HAUL ROAD 5.43 + 1.36 + 0.58 + 0.33 = 7.70 ACRES BERM/BUFFER 5.00 + 3.23 + 3.26 + 4.75 = 16.24 ACRES TOTAL. FROM TWO AREAS ABOVE = 23.94 ACRES MINE EXCAVATION EXISTING MINING AREA = 32.54 ACRES PROPOSED EXPANDED AREA "A"= 58.55 ACRES PROPOSED AREA "B"= 58.20 ACRES PROPOSED AREA "C"= 34.55 AC MINE EXCAVATION TOTAL= 183.84 ACRES AFFECTED ACREAGE TOTAL = 207.78 ACRES LANDSCAPE BUFFER 3.42 + 2.21 + 2.21 + 3.26 = 11.10 AFFECTED ACREAGE AND LANDSCAPE BUFFER = 218.88 ACRES APPLICANT.• E. W.M., LLC SEAL. P. 0. BOX 369 L- 4415 BRACEY, VA 239 1 9�� EXISTING MINING AREA E. W. M. , LLC. BENT RIVER A - MINE MAP T1T1T'%rnTT1 ^ ^ T T1TM"%r iT^ T bMT T /9 • T'%^ T T LT • CRUTCHFIELD li\'ASSOCIATES, I'NC. SU — ENGINEERS — PLANNERS 7996 HIGHWAY 47 EAST P. 0. BOX 268 CHASE CITY, VIRGINIA 23924 434-372-5884 FAX 434-372-0871 FILE NO.: DATE: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ LEGEND: co 20 FT UNDISTISTURBED LANDSCAPE BUFFER 30 FT BERM/BUFFER 0 HAUL ROAD EXISTING MINING AREA E OVERHEAD UTILITY LINE WELLS SITE L 0 CA TION GRID LAT: 36.0953 LONG: 77.2544 PERMITTED ACREAGE TOTAL = 218.88 ACRES AFFECTED ACREAGE PROCESSING AREA/HAUL ROAD 5.43 + 1.36 + 0.58 + 0.33 = 7.70 ACRES BERM/BUFFER 5.00 + 3.23 + 3.26 + 4.75 = 16.24 ACRES TOTAL FROM TWO AREAS ABOVE = 23.94 ACRES MINE EXCAVATION EXISTING MINING AREA = 32.54 ACRES ww•w• r w : ■ w PROPOSED AREA "C"= 34.55 AC MINE EXCAVATION TOTAL- 1 83.84 ACRES AFFECTED ACREAGE TOTAL = 207.78 ACRES LANDSCAPE BUFFER 3.42 + 2.21 + 2.21 + 3.26 = 11.10 AFFECTED ACREAGE AND LANDSCAPE BUFFER = 218.88 ACRES APPLICANT- E. W. M. , L L C P.O. BOX 369 BRA CEY, VA 239 19 EXISTING MINING AREA � a�7 a SEAL f L- "15 - E. W. M. , LLC, BENT RIVER A - MINE MAP BERTIE COUNTY, NORTH C ARO LINA REVISED JUNE 3O, 2017 AS PER COMMENTS IN N.C. DEQ LETTER DATED JUNE 16, 2017 REVISED APRIL 24, 2017 TO SHOW THE DE —WATERING AREA IN NORTHEAST CORNER OF THE EXISTING MINING SITE. CRurCHFIELo ll\'ASSOCIATES, INC. SU - DONEERS - PLANNERS 7996 HIGHWAY 47 EAST P. 0. BOX 268 CHASE CITY, MRGINIA 23924 434-372-5884 FAX 434-372-0871 FILE NO.: 15022.CRD DATE: APRIL 11, 2017 15022MINE.DWG REV. APRIL 24, 2017 APPLICATION FORA MEVG PERMIT Q� a "? LLL E. DETERMINATION OF AFFECTED ACREAGE AND BOND r } N"IC The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $S, 000 per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the miningpermit, Please insert the approximate acreage, for each aspect of the mining operation, that you intend to affect during the life ofthis miningpermit (in addition, please insert the a ro riate reclamation cost/acre or each cate o from the Schedule of Reclamation Costs ovidedwith this ap2lication orm) OR vou can defer to the Department to calculate your bond for you based upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ IAc. _ $ Wastepiles: Ac. X $ IAc. — $ Processing Area/Haul Roads: Ac. X $ �` IAc. — $ 3 (9(o Mine Excavation: 63 Ac. X $ /Ac. _ $ !b Other: V Ac. X $ /Gy bq)/Ac. _ $ a a?3 00 TOTAL AFFECTED AC.: �0212 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 offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage �U) Q, ?,8 Ac. b) Positive Drainage t —` Inflation Factor: Ac. X $1,500.00 = $ SUBTOTAL COST: $_ 13 Ik© I a" 0.02 X SUBTOTAL COST: $ 135 Dl a X Permit Life (i to 10 years): _- INFLATION COST: $ off, © .TV TOTAL COST = SUBTOTAL COST + INFLATION COST = $ _ ���� ��/', Zit c1 Total Reclamation Bond Cost: $ (round down ko the nearest — 0.00) . Wehner, Judy From: Novak, Gary Sent: Wednesday, August 23, 2017 10:58 AM To: Wehner, Judy Cc: Dumpor, Samir; Edwards, James Subject: FW: Bent River Mine Bertie-08-22 Judy, Based on the information provided to address the additional information requested and Mr. Edwards comments below; we do not have any further comments to add to this renewal application. Call either Mr. Edwards or me if you have any questions. Thank you, Gary A. Novak Environmental Senior Specialist Department of Environmental Quality Division of Energy, Mineral and Land Resources 252-946-6481 ext. 3860 gary.nova ka-ncdenr,gov Washington Regional Office 943 Washington Square Mall Washington, North Carolina 27889 Nothing Compares M Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties "Keep Calm and Carry on" Winston Churchill From: Edwards, James Sent: Wednesday, August 23, 2017 9:14 AM To: Novak, Gary <gary.nova k@ncdenr.gov> Subject: Bent River Mine Bertie-08-22 Mr. Novak, In regards to the renewal, additional information & modification for the Bent River Mine in Bertie County, I have no further comments. Thank you kindly, 0 • James B. Edwards Environmental Specialist Division of Energy, Mineral, and Land Resources Department of Environmental Quality 252-946-6481 office iames.edwards@ncdenr.gov 943 Washington Square Mail Washington, NC 27889 -f`'Nothing Compares,-, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ..=..-f-�.y+r+^rarlh+/�i+•+"Y+v...r--7„y-..��"V"�s�r�.. ���..�^�s 0 • MINING CHECKLIST FOR ROUTING Applicant's Name: E KJ �� LL �_ ProjectName: _ 64, AppIic,/ Permit No: _0 . County: Date Received: JW Lz�— Revieurer: i River Basin Name: ,f} E. r? -P, ❑ New ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑ Additional Information ❑ Fee Needed s ❑ Fee Received. t Please route entire application package to: Regional Of fire (s complctr copia; attach the "LQS RW=al O�ia Mining Application Revim Checklist" to one copy oral h bath the DAQand DWR "M.g Application Rmm Form" to the other a", send both cop a to tlm Regimral Engineer) Date: Routed Reed ❑ Division of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ US Fish & Wildlife Service Date: Rooted Rec'd (Only new applications and ma&fnation requests that add land to the permit) Please route first j pages of the a2lication and any location maps to: ❑ Division of Parks a Recreation Date: Routed Rec'd ❑ NC Geological Survey Section Date: Routed Rec'd ❑ Division of Marine Fisheries Date. Routed Reed ❑ Division of Soil & Water Conservation (plus LEA) Date: Routed Rec'd (Only new applications and modifications requests that add land to the permit) ❑ Division of Archives & History (CWy MW apples) ❑ Other: Date: Routed Rec'd Date: Routed Rec'd Suspense Date for Comments: ! (no later than 25days from receipt) ❑ Please note the following: y� E.W.M., LLC P. O. Box 369 Bracey, Virginia 23919 Telephone 434-636-6363 Fax 434-636-56" hmopc@buggs.net July 31, 2017 Ms. Judith A. Wehner Assistant State Mining Inspector Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 RE: Bent River (A) Mine / Mining Permit #08-22 / Roanoke River Basin Dear Ms. Wehner: RECEIVED LAND QUALITY MINING PROGRAM In response to your request of June 16, 2017, 1 enclose duplicate copies of the mine maps for the captioned project on a scale of 1'-150' and 1'-300', respectively. The maps were revised by the surveyor, Crutchfield and Associates, Inc., as of June 30, 2017, to: 1. Provide the latitude and longitude of the mine site in decimal degrees; 2. To reduce the affected acreage previously shown as 218.88 acres to 207.78 acres by subtracting the Landscape Buffer of 11.10 acres that we included by error. Also, the Permitted Acreage previously shown as 229,98 acres was reduced to the correct amount of 218.88 acres. Neither the surveyor nor I can explain how the Landscape Buffer of 11.10 acres was duplicated in the previous filing. To show the location of the 40 foot Roanoke Electric right-of-way easement located 20 feet on each side of and parallel to the center line of its existing power line. The electric company does not require the additional 20 foot undisturbed buffer as will appear from an emailed copy of its letter to me dated June 28, 2017 enclosed. If the original letter is required, I will ask the Cooperative to provide it at your request. Also, if other documentation is required, please call me at 434-447-9135 (cell phone). My son has been transferred to a rehab center in Denver, Colorado and my office schedule is a bit uncertain for the foreseeable future. Very truly yours, E.W.M., LLC By: E. Warren Ma ews Sole Trustee/ anager sht Enclosures Roanoke Electric Cooperative P. 0. Drawer 1326 • Ahoskie, North Carolina 27910 518 NC 561 West • Auiander, North Carolina 27805 Telephone. (252) 209-2236 www.roanokeelectric.com June 28, 2017 E.W.M., LLC tle Bent River Mad+erials c/o E- W.-Mattliews, TruskWManager via email: hmopc@buggs.not P. O. Box 369 Bracey, VA 23919 Dear Mr. Matomms: We write with reference to our electric utility service to your facility at 92243 Weeping Mary Road, Lewiston, North Carolina 27849. We presently serve your office at the above location from our single phase, above ground line for which we have an unobstructed right-of-way or easement 20 feet wide extending along each side of and parallel to the center line of our existing power line for a total width.of 40 feet. We do not require and hereby waive any additional landscaping buffer adjacent and parallel to either side of the easement. Very truly yours,- ROANOKE ELECTRIC COOPERATIVE (Your Touchstone Energy' Partner ? Wehner, Judy From: Tankard, Robert Sent: Tuesday, June 20, 2017 8:30 AM To: Wehner, Judy; Dumpor, Samir Cc: Pullinger, Robert C; Edgerton, Thom; Novak, Gary Subject: FW: 08-22 DWR REVIEW SHEET 2013 Attachments: 08-22 Bent Creek (Bertie-Renewal) 20170620.doc Please find our comments for the above mine. Thanks! Robert From: Pullinger, Robert C Sent: Tuesday, June 20, 2017 8:09 AM To: Tankard, Robert <robert.tankard@ncdenr.gov> Subject: RE: 08-22 DWR REVIEW SHEET 2013 Robert, As this is just a renewal, with no changes, and wetland and stream features shown on the maps are still being avoided, I have no issues with this application. Chris Pullinger Environmental Senior Specialist Division of Water Resources —Water Quality Regional Operations Department of Environmental Quality 252 948 3922 office chris.puiGnQer dncdenr.aov 943 Washington Square Mall Washington, NC 27889 From: Tankard, Robert Sent: Thursday, June 01,'2017 2:20 PM To: Pullinger, Robert C <chris.pullinger@ncdenr.Qov> Subject: FW: 08-22 DWR REVIEW SHEET 2013 FYI From: Wehner, Judy Sent: Monday, May 22, 2017 4:57 PM To: Tankard, Robert <robert.tankard@ncdenr.ggu> Cc: Dumpor, Samir <samir.dumoor@ncdenr.eov>; Novak, Gary <gary.novak@ncda,nr.eov> Subject:08-22 DWR.REVIEW SHEET 2013 Here's the review sheet for the renewal of the Bent River A Mine in Bertie County. 1 Print this form to PDF Retum PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the pemtittee. MINING *RMIT APPLICATION *VIEW FORM for the DIVISION OF WATER RESOURCES MLR: Project Name Bent River A DEMLR Permit 08-22 PERMIT ACTION TYPE: Renewal YES County Bertie Applicant's Email: nla NO Date Commencinn F( F7( Have land disturbing activities started? Date? r C _2007 Latitud 36.07548 Longitude: 77.25945 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: June 16, 2017 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? No Comments: Watershed/Stream Name & Classification: Canal Gut Roanoke River Basin Class C Stream Index# 23-46 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? I YES NO r ( might be existing, but don't 401 Wetland Cert. existing? r ( Permit # 1 1,--... Is an O & M Plan needed? YES NO ( r Are wetlands disturbed at this site? Does DWR RO suspect or know of nearby wetlands to the site? r (shown on glan sheets C Is a wetland delineation required prior to DWR issuing the permit�7 C( D r (Consultant r (pnsite? - (Offsitel? ,, Riau R^nfPmhAr 9n10 Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. Amok AIML Stream Determination Nee r' 0 Stream Determination Completed? r c� Does DWR RO need a statement that no wetlands/streams are disturbed f c F c for this project from applicant? Buffer Determination Needed?r Buffer Determination Completed? r I✓ Recycle system permit existing? 'rPermit # New Recycle System permit required?* F r Enough information to determine? Non -discharge permit existing? r dpermit # r r (Unknown. Will wastewaters discharge to HQW waters �- F (7Q10 Permittee must with a 7Q10=0? Flow: determine. Has Violation :r O&M Requirements r { HQW/7Q10 Concerns Does .DWR require DEMLR to hold the r { Pay back fees or renew permit (e.g. so. DWR can review it further or DWR permit Ed Other. because DWR requires more information)? Please describe the reason to hold the permit: RO contact: r i Hold Until: Mine must wait to dewater until an O&M plan is r F approved? Reviewed by: DWR RO Surface Water. Chris Pullinger Regional Office: Washington Date: June 20 2017 RO Aquifer Protection Section: Regional Office: Date: RAu SantPmhAr ?nin Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY June 16, 2017 Certified Mail Return Receipt Requested 7015 0640 0007 9832 9119 Mr. E. Warren Matthews EWM, LLC P O Box 369 Bracey, Virginia 23919 Re: Bent River (A) Mine Mining Permit No. 08-22 Bertie County Roanoke River Basin Dear Mr. Matthews: • ROY COOPER Covemor MICHAEL S. REGAN Secretary TRACY DAVIS Director 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: The latitude and longitude provided is not in decimal degrees. Provide an accurate latitude and longitude in decimal degrees to a minimum of four decimal places. 2. The affected acreage on the mine map includes 11.10 acres of undisturbed buffer. Undisturbed buffer is not included in affected acreage because it is not affected. It is included in the permitted acreage because the buffers are within the permit boundary but not in the affected acreage. Revise the mine map to correct the affected acreage and the corresponding categories. Any discrepancy from the 218.88 affected acres (disturbed area) should be explained. 3. Show the location of the 40 foot Roanoke Electric right-of-way on the mine map and show the corresponding 20 foot undisturbed buffer along said right-of-way. 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. State OrNurfh Carulirra I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street � 1612 Mall Service Center I Raielgh, North Carolina 27699..1612 419 707 9200 10 0 Certified Mail Mr. Matthews Page Two In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: 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. cerely, �4 J dith A. Wehner Assistant State Mining Specialist cc: Mr. Samir Dumpor, PE ■ Completes, is 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. — ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: MR E WARREN MATTHEWS EWM LLC PO BOX 369 BRACEY VA 23919 ❑ Agent ❑ Addre C. Rate of Dell D. Is delivery address different from Item 1? U Yes If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mall Registered Return Receipt for Merchandise 13 insured Mall C.O.D. 4. Restricted Delivery? (Edra Fee) p Yes 2. Article Number I 7 CI 150640 7 9832 9119 (rransw from service labep PS Form 3811, February 20040 G, Z 1?omestic Return Receipt / f C 1r"1 102595.02•M•1640 0 Wehner, Judy From: Novak, Gary Sent: Thursday, June 15, 2017 10:09 AM To: Wehner, Judy Cc: Dumpor, Samir, Edwards, James Subject: Bent River A Mine 08-22 Attachments: DAQcommentBluebirdMine.pdf, DAQcommentBentRiver Mine.pdf Judy, We checked the Bent River mine on the 13th of June. Site is in good shape. We do not have any comments for the renewal. Please also see attached are the DAQ comments for Bent River and Bluebird. if you have any questions or other issues please give me or lames a call. I will be out of the office from noon today until Tuesday June 20th Have a good weekend, Gary A. Novak Environmental Senior Specialist Department of Environmental Quality Division of Energy, Mineral and Land Resources 252-946-6481 ext. 3860 gary.novak mclenr poy Washington Regional Office 943 Washington Square Mall Washington, North Carolina 27889 :::,>^Nath!n9 Compares. w Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties "Keep Calm and Carry on" Winston Churchill he44 • 0'7;Ar.6 A � MINING -PERMIT APPLICATION REVIEWFORM forthe DIVISION OF AIR QUALITY Project/Number: _&2 2- County: .13 ,&vdA ty c Please return comments back to: Comments due by: Will the operation, as proposed, violate standards of air quality?____ Comments: YES NO Air permit required Air. permit existing (Perm.it # Other Comments: Reviewed by: Date: Print Narne6L&- J UIN 2 2017 i Ceiitra Office ROviewer r Q Energy, Mlnera! & Land Resources ENVIRONMENTAL QUALITY May 23, 2017 ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director MEMORANDUM TO: Ms. Maria Dunn Habitat Conservation Program Coordinator RECEIVE ❑ Wildlife Resources Commission JUN 13 2017 FROM: Brenda M. Harris LAND QUALITY Mining Program Secretary MINING PROGRAM Land Quality Section SUBJECT: Mining Permit Renewal Request for EWM LLC Bent River Bertie 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 June 16, 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 a. 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 Af Q 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. Ibmh 1 0 ua-*'Z:zt- Attachments cc: Mr. Samir Dumpor nothing Compares 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 ROY COOPER Governor MICHAEL S. REGAN Sccrclurr S. JAY ZIMMERMAN w Director Water Resources ENVIRONMENTAL QUALITY May 31,2017 MEMORANDUM TO: Ms. Judy Wehner Land Quality Section FROM: Michael Bauereanagement DECEIVED Ground Water Branch MAY 312017 Division of Water Resources LAND QUALITY MINING PROGRAM SUBJECT: 'Comments on the'Mining Permit Renewal Request for: E.W.M., LLC. Bent River (A) Bertie County Please find attached a copy of the mining permit renewal request for the above referenced project. The Bent River (A) located in Bertie County does not appear to have an unduly adverse effect on ground water supplies since dewatering proposed on site is less than 100,000 gallons per day. However, if the mine starts to withdraw 100,000 gpd of water, they will need to re ister 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/Permits_and_Registration/Water Withdrawal_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 April 1 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 at john.barr@ncdenr.gov. State of NOM Carolina � Environmental Quality j Water Resources 1611 Mail service Center I Raleigh, North Carolina 27699-161 1 919 707 9000 Energy, Mineral & Land Resources May 23, 2017 ENVIRONMENTAL QUALITY MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris &O ��b Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for EWM LLC Bent River Bertie County ROY COOPER Governor MICHAEL S. REGAN Secretory TRACY DAVIS Director ® 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 June 16, 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. Samir Dumpor Nothing Compares State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mail Service Center I Ralelgh, North Carolina 27699-1612 919 707 9200 ., ...rryr,,.. -^"-G:�,J ,y. _ .z--..re'-^r.�.t�.-�..--..-,.:iy'r y.,,,+r�:,/y�h.;a v.•r _. •- . . ra.. .�+n,•.�s°.tF"•-'«.�.:� - - LLy�w - ,r "rr. • • MINING CHECKLIST FOR ROUTING U% �'1 Applicant's Name: t. L„C ProjectName: Rki &�2 - Applic.1 Permit No: t8_ a 9� County: Date Received: '�" 9 (�)w Reviewer: River Basin Name:_�n 0 ❑ New PItenewal ❑ ❑ Modification (outside permit boundaries) ❑ ❑ Partial Release ❑ Additional Information ❑ Modification (inside permit boundaries) Transfer qRelease Fee Needed: >0 Fee Received: s 0 b Please rot to entireapplication package to: e & emr�rkte topics; attach the "LQS Mkin lication Reoiew RBA � 8 App Otecldht" to one co py and attach both 9 u DA D WR Mining Applicatiors Review Form- to the other copy; and both copies to the Regional Engineer) Date: Routed -,.. a -71 �eed 6d 9/ 7 Division of Water Resources Date: Routed Reed X, NC Wildlife Resources Commission Date: Routed Rec'd ❑1 US Fish dT Wildlife Service Date: Routed Ree'd (Only new apphcahmu and m4f cdw requests that add land to the pnmit) Please route first i bares of the application and anv location maps to: ❑ Division of Parks a Recreation Date: Routed Rec'd ❑ NC Geological Survey Section Date: Routed Rec'd ❑ Division of Marine Fisheries Date: Routed Rec'd ❑ Division of Soil & Water Conservation (plus LEA) Date: Routed Rec'd (Only new applications and modif cabin requests that add land to the permit) ❑ Division of Archives 01 History (fir new aW) ❑ other: Date: Routed Rec'd Date: Routed Rec'd Suspense Date for Comments: ('p ( 1 (no later than n days from receipt) ❑ Please tote the following: ITA (6 Q.. • K1- Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY MEMORANDUM May 23, 2017 TO: Ms. Maria Dunn Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris (b� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for EWM LLC Bent River Bertie County • ROY COOPER Govemor MICHAEL S. REGAN secretary TRACY DAVIS Alrector 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 June 16, 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. /bm h Attachments cc: Mr. Samir Dumpor Nothing Compares_, State of North Carolina f Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY May 23, 2017 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 Request for EWM LLC Bent River Bertie County ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS l Director 1 ® 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 June 16, 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. Ibm h Attachments cc: Mr. Samir Dumpor 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 - l.E: W.M., Lac 8396 CO'E: W. MATTHEWS- _ r r P D BOX 369 PH 434-&16-6363 ee�93/59� BRACEY, VA_23919 May 22, 2017 - - DATE _ _'PAY _ To•THE ''De artment' of• Environmental ualit = + ORDER. of P _ 4 _ Y . I , 1, 000.00 'One ..thoiisand` -and" `00 /:100.----=-=-------------------------------- DOLLARS - Carter , B .& Trust'.,- . - South Hig, VA 23970 FAR filing,-fee/renewal_-permit/Bent River. A- _ _ _ . • Wehner, Judy From: Wehner, Judy Sent: Monday, May 22, 2017 4:57 PM To: Tankard, Robert Cc: Dumpor, Samir; Novak, Gary Subject: 08-22 DWR REVIEW SHEET 2013 Attachments: 08-22 DWR REVIEW SHEET 2013.doc Here's the review sheet for the renewal of the Bent River A Mine in Bertie County. Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Sena a copy to the permittee. MINING ARMIT APPLICATION *-VIEW FORM for the DIVISION OF WATER RESOURCES Project Name Bent River A DEMLR Permit 08-22 I PERMIT ACTION TYPE: Renewal YES County Bertie Applicant's Email: n/a NO Date Commencin rr I—r Have land disturbing activities started? Date? r F Latitud 36.07548 Longitude: 77.25945 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: June 16, 2017 2007 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 Cent. required? r 401 Wetland Cert. existing? F Permit # r c Does DWR RO have enough information determine If a 401 certification is required? Is an O & M Plan needed? YES NO 1=etIrn-d-srdIsturbed at this site? F c r c Does DWR RO suspect or know of nearby F t F { wetlands to the site? 11sallotlWandelineation required prior to •onsultant I— DWR issuing Rhe permit? I— • nsite? r c •,ffsitell, PAV ,RAMAmhar 7nin Print this form to PDF Retum PDF of this form to DEMLR CO by email. cc DEMLR R0, DWR SPU. Send a copy to the permittee. Stream Determination Neede { Stream Determination Completed? r r C r Does DWR RO need a statement that no wetlands/streams are disturbed c r c for this project from applicant? Buffer Determination Needed? Buffer Determination Completed? c f Recycle system permit existing? ElPermit # New Recycle System permit required?* f-- �- Enough information to determine? Non=discharge permit existing? r ermit # r F- {Unknown. Will wastewaters discharge to HQW waters r { I— {7Q10 Permittee with a 7Q10=0? Flow: must determine. r Has Violation r O&M Requirements r HQW/7Q10 Concerns Does DWR require DEMLR-to hold the r r Pay back fees or renew permit (e.g.. so DWR can review It further or DWR permit 0 Other. r because DWR requires more -information)? Please describe the reason to hold the permit: RO contact: r r Hold Until: Mine must wait to dewater until an O&M plan is approved? Reviewed by: DWR RO Surface Water RO Aquifer Protection Section Regional Office: Date: Regional Office: Date: Rrav RAntamher 7()1 n E.W.M., LLC P. O. Box 369 Bracey, Virginia 23919 Telephone 434-636-6363 Fax 434-636-5644 hmopc@buggs.net May 22, 2017 Ms. Judith A. Wehner State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section 512 North Salisbury Street Raleigh, NC 27604 RE: Bent River(A) Mine, Bertie County Renewal of Permit #08-22 Dear Ms. Wehner: By Hand LAND QUALITY MINING PROGRAM Enclosed you will find the original and six copies of my application for a ten year renewal of the existing permit, the expiration date of which is June 7, 2017. The original permit covering 35 acres, more or less, was issued effective June 7, 2007, to expire June 7, 2017. It was modified and amended effective April, 2012 to expand the permitted acreage to 229.98 acres. The expiration date of the original permit was not modified or extended and remains June 7, 2017. The mine has operated continuously since its inception. In March, 2012 we began mining and excavation in a new location immediately adjacent to the initial site; and, in so doing began transferring the water from the new site into the pond that resulted from the initial site, a distance of 75 to 100 feet, more or less. The receiving pond consists of 15 acres, more or less, and has a free board of some 7 to 9 feet. No offsite drainage or flooding and no erosion has occurred in the interim. That endeavor has been inspected by representatives of the Land Quality Section of your Department with no adverse comments. We have expanded the earthen berms as the active mining site has expanded so as to assure a safe operation for the protection of the environment, persons, property, and wildlife. In January, 2014, we sold 3.3 acres of non -permitted property fronting on the Roanoke River at the northeast corner of the parent tract of 390 acres to the State of North Carolina. The North Carolina Wildlife Commission developed that property into a fishing pier/boat launch ramp/boat dock and parking lot. It constructed and maintains a fence so as to prohibit access from that area into the residue of the Bent River property. 0 0 Ms. Judith A. Wehner State of North Carolina Department of Environment and Natural Resources Page 2 May 22, 2017 It is to be noted that the entire perimeter of the Bent River property has been "purple painted" and no trespassing signs have been erected along the boundary of the active mining site. The Wildlife Commission Site will be protected and isolated further by an expanded earthen berm as and when the active mining operation reaches its immediate vicinity. Based upon our continuous operation during which we have had no violations of state or federal environmental laws, rules, or regulations since 2008, we do not believe that our continued operation: Will violate any rule promulgated under NC G.S. 74-51 or any other provision of the application statutes of the state; 2. Will have any unduly adverse effects or potable groundwater supplies, wildlife or fresh water, estuarine, or marine fisheries; 3. Will violate standards of air quality, surface water quality, or groundwater quality promulgated by the Department; 4. Will constitute a direct and substantial physical hazard to public health and safety or to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road, or other public property excluding matters relating to the use of a public road; 5. Will have a significantly adverse effect on the purposes of a publically owned park, forest, or recreation area; or 6. That there is a substantial possibility that it will result in substantial deposits of sediment in stream beds or "off site" lakes, landslides, or acid water pollution. (It is noted that ground water diverted from the active mining site is returned, unpolluted to the impoundment resulting from the previous mining site with the result that upon completion of the entire mining operation a new fresh water lake or lakes containing approximately 100 acres having a water depth of 12 to 15 feet will have been established). To the best of my knowledge, we are and have been in substantial compliance with the provisions of G.S. 74-51 and all rules and regulations adopted pursuant thereto and all other laws or rules of the State of North Carolina adopted for the protection of the environment. No new acreage is sought to be added to the project. We simply ask that our existing permit be renewed and extended for an additional term of ten years beginning June 7, 2017 to expire June 7, 2027. 0 Ms. Judith A. Wehner State of North Carolina Department of Environment and Natural Resources Page 3 May 22, 2017 My check in the amount of $1,000 payable to the Department of Environmental Quality is enclosed in payment of the filing fee. Also, when the correct amount of the Reclamation Bond has been completed, we will have the standby letter of credit issued by Carter Bank and Trust renewed. Very truly yours, E.W.M., LLC BY; E. arren Matthews Sale Trustee/Manager sht Enclosures NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land QualitySection ��C��V�� MAY 2 2 2017 A4 VG l QUA Ll r M 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 Revised: February 24, 2012 I I-121671 M x 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 V MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS Application received by Land Quality Section/ State Mining Specialist Application assigned to Assistant State Mining Specialist Assistant State Mining Specialist/Program Secretary routes application for review and comment - U.S. Fish & Wildlife Service - N. C. Geological Survey - Wildlife Resources Commission - Division of Water Resources - Division of Archives & History - Division of Parks & Recreation - Others as appropriate *All application review comments forwarded to Assistant State Mining Specialist Is application complete? If "YES", Assistant State Mining Specialist drafts the proposed permit action Applicant issues Public Notice - Land Quality Section Regional Office - Division of Air Quality - Division of Water Quality : Review Public Comments; Public Hearing Possible ...................................� If "NO", Assistant State Mining Specialist drafts a letter requesting additional information from applicant Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Land Quality Section Regional Office (go to *) j Application & proposed permit act reviewed by State Mining Specialist Is application & proposed permit action complete/acceptable?? If "Yes", the following permit actions are issued by the State Mining Specialist: - Draft Permits Permit Transfers/Name Changes - Bond Substitutions/Cancellations - Permit Releases - Inactive Renewals - High Airblast Remediation Plans - Non -controversial New Permits - Non -controversial Renewals - Small, Non -controversial Modifications �ITi��t�iIrl�•Y•� If "YES", application & proposed permit action forwarded to and reviewed by Division Director Is application & proposed permit action complete/acceptable?? If "YES", the proposed permit action is issued by the Division Director END OF PROCESS If "No", application & proposed permit action returned to Assistant State Mining Specialist for revision (go to *) For other permit actions, if "Yes", application & proposed permit action forwarded to and reviewed by Land Quality Section Chief Is application & proposed permit action complete/ acceptable?? If "NO", application & proposed permit action returned to State Mining Specialist/ Assistant State Mining Specialist for revision (go to *) If "NO", application & proposed permit action returned to Section Chief/State Mining Specialist for revision (go to *) 4 APPLICATION FOR A MINIRG PERMIT Is 1. Name of River NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT Bent River: -(A) Roanoke (PLEASE PRINT OR TYPE) Latitude (decimal degrees to four places Longitude (decimal degrees to four 36-05-43+ 77-15-16+ County Bertie 2. Name of Applicant* E.W.M. , LLC, a N- Carojia-q'0-Limited Liability Company 3. Permanent address for receipt of official mail**_ P. 0, Box 369, Bracey, Vi rgini n 93919 9718 Highway 903, Bracey (Mecklenburg County), Virginia 2391.9 _. Telephone ( 434) 636-6363 Alternate Noj 434) 447-9135 4. Mine Office Address_ 922-B Weeping Mary Road (P. 0. Box 57). Lewiston, North Carolina 27849 Telephone ( 252) 209-7112 - 5. Mine Manager C. Patrick Warmack (252-209-7114) 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. A ***Signature Date May 22, 2017 Print Name E. Warren Matthews Title ..Sole Trustee/Manager This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond �seceirityl 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 clays following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MINW PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ® If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 08-22 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 229.98 _ ❑ 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 he mo ification involve acreage within the previously approved permitted boundary? Yes] Nod❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Doe 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/gravel/top soil 3. Mining method: ❑Hydraulic Dredge ® Front-end Loader & Truck 0 Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain): hydraulic excavator and truck 4. a. Expected maximum depth of mine (feet) _ 25 feet _ Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural surface ground -_level to top of marine c aybe.d - -- b. Expected average depth of mine (feet) - 2­ 20 feet b APPLICATION FOR A MAG PERMIT 40 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?_ 2007 to current_- E.W,M.. LLC 6. Number of years for which the permit is requested (10 years maximum): 10 years B. MAPS Clearly mark and label the location of your mining operation on six 6 conies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each -permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Pbysical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5`h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919)733-2423 httn://ioortal.ncderr.ora/web/Ir/izeoloizical home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailin_ Agddress: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 http://www.ncdot.oroJit/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 the mining permit boundary, must be provided on the mine map. -3- 0 APPLICATION FOR RENEWAL OF MINING PERMIT #08-22 BENT RIVER (A), BERTIE COUNTY E.W.M., LLC, APPLICANT MAY 22, 2017 ATTACHMENT B B. MAPS (a) 7.5-minute quadrangle map (b) Bertie County Highway Map (i and ii) 2.. (a) E.W.M., LLC / Bent River A - Mine Map Crutchfield & Associates, Inc. (James E. Nash, L.S.) File No. 15022-CRD / 15022MINE.DWG Dated April 11, 2017, Revised April 24, 2017 Scale=1 inch = 300 feet (b) E.W.M., LLC / Bent River A - Mine Map Crutchfield & Associates, Inc. (James E. Nash, L.S.) File No. 15022-CRD Dated April 11, 2017, Revised April 24, 2017 Scale=1 inch = 150 feet rA v O a Q O) CCL �C Q m � m i �O Q 0 a, a l L i �a 3 co R q ( p.. � � � "°V ." :M'... 41N r g i ■ n I i € } Virr, IEEE e^•""y i BERTIE COUNTY. HERTFORD COUNTY ,� DUIMI�34RD. NC AN GUS. 4 / 44 60a Ia4 BAWLS RD. `HC ]OS 4 a rsa4 2444� j00 a 1214 ze°o ,p / EARLY jp9 OLD G�� WM�WARO Rom ^g P ALILANDE oasT BRICK WILL RD. STATIi7N RD. Kau Fp 1107 i ! 1213 1231 122E s4tl \ L �Y Q BUCK BRANCH RD. 1 o¢�4� 1251 BAKER RA, 4a4 44°0 & $ e44CHURCH RD. 1240 • RAILROAD LANE t 34v 1207 CASTEL.LOE LANE w4 - 504 �' HORACE VICK RD. —� 1209 a AAlYLER V12 1 scN A249 RD. � oa 7 � c4 �`i' �3 Fp 4 NC 308 308 - 1211. ,ar4�-� :.� NC 305 ;� a i �0 4DO Do 14a WAR TOM RD. _ C119 BUS I Bfi f rVo a {� 1~`ME'TERY .400 404 MED50N LEE RD. RE) 420E 1 1252 no uD4 / GRAINOOBY RR wu1 SgM Ltd HARREL$S SOMG RD. Soo NC NN Q$f• �. 1139 RClyCCi6EL n.8 �n4 aqz 1�°4 y°0 .uW NC 42 zo° NORFLEET'S FERRY RD. ' ti� 72 ING RD. i 4na 0a ��y `�; yg44 o HOUNA RD. a4� 1138 etla 1204 1200 »R ��.....�-�. -;..• KELFORO::-.�ARMlY+RD-::,.� � , r. .._.. .:.. _,; , ,....._.-.. __ ; .. ,- ..,..: .> � :,�a ..�. :. .. _.. .:.. :,.�, � .. _..• EARL-Y 'i a ....SF�AIFF,.. _�.-.. FLOYD HALL RD. KELFQRO e04 44 II L w4� —�` STATION RD: CARRETT RD. ".. 1137 a% NC tIN 9 4 A 1 2va $ - NC 305 1220: 0 1246 1136 44 k SWAN50N MARTEE WALTON RD. 44 i , MO020ESRD. w°•. a ° HALL RD. 400 1220 - " 344 Y� .n 200 ' wp,. [_n47, o2 �S y EARLY AD. . �0 io4 5p9 ;q4 CHARLES 12221135 \ 444 °a pip TAYLOR RD. D0 20, ` �^ }BLACK JACK RD. 4a PINEY 1221 saa- $ 4 BtsTT]k 229E LAItE r WOODS Rn, 1142 0 120401 l7 CHERRY FARM RD. �* ,/ ,S4 BtAiGESS RD. $ q� 1223 23va 21z8 Sr 1 /► r� 7,4a 121fi Ipa �' ya4 JERNIGAN LN` 4 `� I 1134 A2 NC 50B FARM apa q, ice ! NC 11N^Y 1215 WFFTE RD. `0 `� ia° 300 g GRiFNS QT. RD. NC 42` 1217 ) _ - NC 505 N y� 10012s4 TRIPP RD, i50 - 'SSAUNDERS RD. *� €z24 - 400 J NC 308 FRANLCLS A11E.L7 RD, _ 1725 ... 1133 Sao 0 44 T OM SON D .' i2 9 REPUBLICAN ltR. L Np� p s 400 f BURCH RD, 111120 CHARLES _ 1244 Fit Rp, - /12.2 (\ 1131 a 300 2D° 40. TAYLOR RD. HARMON RD. ',cp CHARLES FLAG RUN RD. wa sp t tb 1227 ei I 900 1 LEWISTON 4 HALIFAX COUNTY - . ,.._:... ; w WA.QI?tt. vEALE g a4 ` s RC 3 �... �,,.. ..:..:..., .::1.... / WEEPING MARY RD. 171E 0a. _. . .''�.... 712E f40 qC ` NC 30B J1aI�� .t ..............�. Soo '$p BRAINBCH ROj44 ��'�"� $ �T. 1253 5 IRARM9N RD. "NIP e a a° ,Ji' l a OLI BAZEMOR 1143 PARK RD. 1213 04 1\ 08 S20 c fb 1 00 S4a 1 SHORT RD. \ 4o i icp HOCGARp RD i0700 � � NC 308 20L, HARRINGTON Ct1N RD, 1129 200 w LN LN. 1130 R ASKEW RD. �4PAAKERS SCHOOL RD.: r� 7 IH7 >cj2 12n5 A3 p B`3 W fa0 l PU122E5AN RD. Y NC 308 �1 $ e�, 204 (4 r 7F FIELD RD..._ _ 1 $ `Y4,�W OLDi KING FARM RD. 4a9 1 209 BIG WEST RD. 12S7 NC RTS B 42 h,.Fi- 4 11 1715 COW TRACK RD. PRITCHARD RI).---' zoa No ,112 Ivor Rao SPRING FILL CHURCH RO DV' rREEN POND RD, ' 1124;MOPE 116111SE ...... . _... .l : aET.T1E 1113 APPLE TREE RID& LIP CUM RD. ,J4V \.._.� RUFF Rp, GPYERT 1ao 1123 y� 1112 ..a ROQUI5T POCOSRJ RD. M 1 �— a° tla 7104 " - BEACON LIGHT CFARrH RC Iwo a f' 1121 YA p /� ;=CRABFQWN A4 BtOAtl NECK RD. RAHOUSCLUB E RD �B� Lao 7a4 a40 44 oe COBURN NO, 1103 �,))) !a4 ilia �`' _ CO 11DTTE RD. ..ti 3 ..; ..... PARS ( �LLANO RD. GgABTOWH Rff _ NOS 40o - Y44 s, 4°° y (�- SKILLERS MARTIN COUNTY 97 May 22, 2017 1 E W.M, LLC Bent River A Renewal Permit #08-22 Attachment B (1) 0:00) 0 0 `40 R". Arl Na, rf� a • . 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: I . Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale b. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres I inch = 50 feet 50-199 Acres 1 inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) iM / 54 0 • APPLICATION FOR RENEWAL OF MINING PERMIT #08-22 BENT RIVER (A), BERTIE COUNTY E.W.M., LLC, APPLICANT MAY 22, 2017 ATTACHMENT B (2) (p) B. MAPS 2 (p) Names of Owners of Record: The property is located approximately 6.5 miles southwest of Lewiston/Woodville. It is situate on Weeping Mary Road approximately 5.5 miles west of its intersection with NC 42/11. The adjoining property landowners are as follows: North: The State of North Carolina: The Roanoke River Buzzard Point Wildlife Preserve and the Wildlife Commission East: Tax Parcel 6327 owned by the Estate of Thomas M. Urquhart, Sr., and Emily U. Ayscue ' South and East: Tax Parcel Nos. 2179 and 2330 owned by John M. Griffin, LLC This is a request for the renewal of an existing permit. A copy of the Bertie County Tax Map is attached. VAL P. APPLICATION FOR AINING PERMIT 0 A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Pond Contained in the Pond Area denoted as "Edge of Water" shown on Attachment B(2)(a) and (b) Stockpiles Included in area denoted as Processing/ Storage/Office area on Attachment e(2)(a) and (b) Wastepiles Berm Buffer 16.24 acres [See Attachment B(2)(a) and (b)l Processing Area/Haul Roads 5.43 invent .58+0.3$) and 7.7 acres [See AttaMine Excavation 183.84 acres [See Attachment B(2)(a) and (b)l Other (Explain) Landscape/Buffer 3.42+2.21+2,21+3.26=11.10 acres [See Total Disturbed Acreage 218.88 acres 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- /7 APPLICATION FOR A TANG 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. See Attachment C(1) and Attachment B(3)(a) and (b) 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 luhel all sediment and erosion control measures on the mine map(s) and provide typical cross-sectionsloonstruction details of each measure. Engineering designs and calculations are required to justify the adequacy of' any proposed measures. See Attachment C(2) 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. Water from the Mine Site is cycled through the screening plant and rerouted to the Pond. See Attachment B(2)(a) and (b) No chemicals are used in the process 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 N. Ifyes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(,$). W APPLICATION FOR RENEWAL OF MINING PERMIT #08-22 BENT RIVER (A), BERTIE COUNTY E.W.M., LLC, APPLICANT MAY 22, 2017 ATTACHMENT C(1) C. PROTECTION OF NATURAL RESOURCES Unless noted otherwise all map references are to the mine maps by Crutchfield & Associates, Inc. (James E. Nash, L.S.), File No. 15002.CRD dated April 11, 2017, revised April 24, 2017, attached as Attachment B(2) (a) and (b). We began and have continued our mining operations continuously since June 7, 2007. We confirmed that the Permitted Area (229.98 acres) is an alluvial deposit consisting of topsoil (surface to 9 feet, more or less) and sand and gravel (9 feet to 25 feet, more or less) and contains no limestone or other "hard rock" deposits. It is extremely porous and well drained to existing water courses [Attachment B(2)(a) and (b)]• We excavated 14.8 acres (Pond) lying within the "Edge of Water' [Attachment B(2)(a) and (b)] having a free board of 8 to 9 feet. In 2012 we opened a new mine/pit approximately 100 feet east of the original mine site (Pond) leaving an unexcavated buffer between the two areas. The new minelpit now contains approximately 8 acres(Active Mine) in which we are dewatering 3 acres, more or less, by pumping the subsurface inflow into the Pond. [See Letter - James E. Nash, L.S., Crutchfield & Associates, Inc., dated May 2, 2017 (Attachment C(1)(a)] We will continue mining operations, east, within the "Expanded Mining Excavation `A"' (58.55 acres±) (Attachment B(2)(a)]. When that is complete, we will continue into Excavation Area B or C as then determined. The office, sand and gravel screening plant, and storage for machinery and equipment is located within the 5.43 acre (Processing/Storage/Office Area) [Attachment B(2)(a) and (b)], all ofwhich is protected and to which unauthorized access is restricted by an earthen berm and chainiink fence. As additional security, the perimeter of the property lying to the north of Weeping Mary Road is fenced from its intersection with the south line of the River. The perimeter is also purple painted and posted as to trespass by unauthorized personnel. a RECEIVED 05/02/2017 09:11AM 05/02/2017 0B:02 720871 CRUTCHFIELVSDCIAT PAGE 01/01 C,�fTCHFIEca SQC/ATL`S, INC. SL-AnLCmWf*td,Preelderd MARVIN L. CRUTCHFIELD, INC. JoTmrz. Nosh, Vk-o Pres-bam L.S.-- VA 27M SURVEYORS — ENGINEERS — PLANNERS L.S.—VA 2MB 7996 HIGHWAY 47 — P.D. BOX 268 L.S.-NO 4415 CHASE CITY, VIRGINIA 23924 (434)•312-5584 (434)-372.0871 PAX E-ma1L• Jar�,e(&tcrutcllfield„�c, cnm May 2, 2017 Warren Matthews P.O. Box 369 Bracey, VA. 23919 Warren, According to my calculations in the mining site down in Bertie County, NC, the onsite ponds have the following acreages: Large pond has 14.8 acres Small pond has 2.95 acres. If you need anything else concerning this, please let me know. Thanks, James Nash ' Crutchfield & Associates, Inc. May 22, 20171 E.W.M, LLC Bent River A Renewal Permit #08-22 Attachment C(1)(a) L0 • APPLICATION FOR RENEWAL OF MINING PERMIT #08-22 BENT RIVER (A), BERTIE COUNTY E.W.M., LLC, APPLICANT MAY 22, 2017 ATTACHMENT C(2) C. PROTECTION OF NATURAL RESOURCES 2. Please refer to C(1) and Attachment B(2)(a)and(b). The high point of the Mine Site/Processing Area is 3 feett, above sea level and slopes gradually through sandy soil to the Green Tree/Timber Area and existing Pond. The access and haul road from Weeping Mary Road, north to the Mine Site/Processing Area was constructed from "on -site" material, drained along natural water course so as to prevent runoff to adjacent property. The other haul roads shown on Attachment B(2)(a)and(b) are used primarily only for access to the adjoining parcels. They are not used to presently transport material to the plant but will be used in the future as the mining operation expands. Because of the topography, surrounding ground cover and soil types there is virtually no runoff and no erosion. However, if silt screens are required to prevent runoff or erosion, they will be installed as needed. All surface water within the disturbed areas and water generated from the mining operation is diverted to the Pond and recycled internally in conjunction with the screening operation. We established and maintain a buffer not less than 50 feet wide adjoining and contiguous to existing green pond forested areas lying to the south, west, and north of the Permitted Area and Active Mining Site. The buffer consists of a minimum of a 20 foot undisturbed landscaping area and an earthen berm approximately 30 feet wide and 8 to 10 feet tall. The undisturbed landscape area and berm buffer will be extended along and as a part of the expanded mining operation as and when it extends in Areas A, B, and C. The access road extending from the north line of Weeping Mary Road to the Mine Site Processing Area is fenced on both sides and the Mine Site Processing/Storage/Office Area is further protected by a fence extending along its eastern boundary. a1 APPLICATION FOR A TANG PERMIT • c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ■ No ❑. If yes, do you intend to dewater the excavation(s)? Yes ■ No ❑. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: None . Locate all existing wells on the mine map(,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. The Active Mining Site is being dewatered, the water from which is discharged back into the Pond. There are seven wells on the property, only one of which is in use. That well provides a source of potable water to the office and is located at the southeast corner of the Processing/Storage/Office area [5.43 acres shown on Attachment B(3)(a)and(b)]. The other six wells were drilled nine years ago and were intended to serve cabin sites to be sold or leased. That project was abandoned and the remaining wells have never been used and no use is contemplated in the foreseeable future. We use no well water In the mining operation except for the well serving as a water source for the office. Water from the Pond (14.8 acres) is cycled through the screening plant and returned to the Pond. There is virtually no sediment and no surface water runoff that does not return to the Pond. Water from the Active Mining Site is pumped to the Pond. 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. As noted in the answer to Question C(3)(c.) above, water from the Active Mining Site is pumped and returned to the Pond formed by the excavation in the Initial Mining Site. The operation has no effect on the overall water table due to the porosity of the material. We have registered the withdrawal operation with the Division of Water resources [Attachment C(3)(d)] 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No E. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? Water sprinklers will be installed and water haul trucks will be used as needed. The mining operation has been ongoing for approximately ten years and is inspected frequently by both state and federal officials. Thus far, dust, air contaminants emissions, etc., have not been an issue. -7- as • • Page 1 of 1 Harris, Matthews & Crowder, PC From: Harris, Matthews & Crowder, PC [hmopc@buggs.net] Sent: Friday, March 09, 2012 11:02 AM To: ']udy.wehner@ncdenr.goV Subject: FW: DWR - Water Withdrawal Registration At your request, the filing receipt from Mr. Brady follows. Thanks. Warren E. Warren Matthews EWM, LLC P.O. Box 369 Bracey, VA 23919 434-636-6363 hmopc@buggs.net From: Brady, Harold M.fmailto:harold.m.brady@ncdenr.gov] Sent: Tuesday, March 06, 2012 5:06 PM To: hmopc@buggs.net Subject: DWR - Water Withdrawal Registration Mr. Matthews, Thank you for submitting a completed water withdrawal registration for the Bent River Materials Mining facility in Bettie County. This email serves as confirmation for the registration of your facility. If you have any questions concerning the program, please contact me. Thank you, Harold M. Brady Water Withdrawal Registration Program NCDENR - Division of Water Resources phone- 919-707-9005 fax: 919-733-3558 email: haroldm.brady@ncdenr.gov www.ncwater.org E-mail correspondence to andfrom this address may be subject to the North Carolina Public Records Lain and may be disclosed to thirdparties. May 22, 20171 E.W.M, LLC Bent River A Renewal Permit #08-22 Attachment C (3)(d) 3/9/2012 23 A/ • • 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(v). An undisturbed landscape buffer not less than twenty feet wide has been or will be left between the area of mining activity and the permitted boundary. In addition, a berm not less than thrty feet wide and eight feet high has been installed adjacent to the undisturbed landscape area and the Active Mining Site. It, too, will be extended and maintained adjacent and parallel to the site of new/expanded mining activity. A six foot woven wire fence has been installed on both sides of the haul road extending from Weeping,Mary Road to the Processing/Storage/Office Area continuing on the east side of that area toward the river so as to restrict access to the Active Mining Site. 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 disturbin* activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Sho►a, all buffer locations and widths on the mine map(s). There are no natural water courses or wetlands within the permitted area. However, the buffers mentioned in the answer to Question C(5)(a.) have been installed and are maintained between the Active Mining Site and the existing wetlands (Green Tree and Timber Areas) located adjacent to but outside the Permitted Area. The overburden excavated from the mine site is used to construct the berm. It reseeds from grasses indigenous to the area almost as soon as the soil creating the berm is deposited. 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. Pond slope sides are constructed not less than 2/1 during the mining operations. When reclaimed, the slope will increase to net less than 5/1. [Attachment C(6)(a-c)] _g_ ay X 'i D C ie z 0 cl a r P r a' -A -'La o.--% C S \ o ? ,P-- d T 0 cl,- m . v1 : a'? "z .. --- 0 C - r e. 5 VN o r C. � : -,-N e. L-J" \ 8- \'� VN 0�� '_ k 0'�� fon8- - 4pp 'E'I 0� c-- (a.CceSS o-,,roun� 304 A, i% kAz e� V -e- V-% %.'� - 'V- f- ,s},��,�Ik"C-A.- i Z.N May 22, 20171 E.W.M, LLC Bent River A Renewal Permit #08-22 Attachment C(8)(b) 0 0 0 0 APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc), clearly indicating the intended side slope gradient, installation of any benches andlor slope drains (with supporting design information) if needed, crud the method of final stabilization. See Attachment C (6) (a-c) c. In excavation(s) of unconsolidated (nan-rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections for all cut slopes must he provided on the mine map(e). See Attachment C (6) (a-c) 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, ►i,idths of all .safely benches and mine benches, and the expected maximum depth of the excavation. Not Applicable 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 ii,ithin 300 feet of any proposed excavation. See Attachment C(7) 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/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). Please refer to the answers to Questions 5, 6, and 7 above and the Attachments thereto In I? IF f I I I i f 60936 P0991 °' - fBart I I1*f I iI I li �I ounty, NC Register If DAnnie eeds page 11 0 R P Annie F. Wilson Register of Deeds 01-17-2014 12:02:04.000 Bartle County, NC NC REVENUE STAMP: $231.00 (#19962) This certifies that there are no delinquent od vaiorern real estate taxes, which tho 13ortia County Tax Collector is charged with coilorting that are a lien an: l�ir�; S 5 l; moo, 5815 Cu� �r�r> st3is-C�6133 C}Ir:ie Co!jrlty Office of Lend Records. This i"- not a Certification that the Pin tt ±7t6atr he tt3r doled da- cription CID �l,�ylts:�i:L' - NORTH CAfLINA BERTIE COUNTY DEED STATE OF NORTH CAROLINA COUNTY OF BERTIE Prepared by: Daniel A. Manning Attorney at Law, Williarnston, NC RFrrJ�ru 7 o ,' Dw'/V ,4� AA1,V1,� , I�i-%f�` c,,,{LtA�ttSrx.�J AJ THIS DEED, made this the 15th day of January 2014, by and between E.W.M., LLC, a North Carolina Limited Liability Company (the "Grantor") to State of North Carolina whose address is c/o State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321 (the "Grantee"). I' %SETI That in consideration Le sum of TEN • DOLLARS ($10.00) and other considerations in hand paid the Grantor by the Grantee, the receipt and sufficiency of which is hereby acknowledged, the Grantor, subject to the terms, conditions, reservations and options hereinafter contained, has bargained, sold and conveyed, and by these presents, does bargain, sell and convey unto the Grantee and its successors and assigns, the following described property and property interest to -wit: SEE ATTACHED EXHIBIT A DESCRIPTION The property and property interest herein described and hereby conveyed is conveyed to the Grantee subject to and together with the following terms, conditions, reservations and options, each and all of which is deemed a covenant to run with the land and each and all which shall survive the closing, for the benefit of the Grantor, its successors and assigns, namely: a. The Grantee intends to design, ngineee. iaand construct a public boat ramp, dock and parking area a t, "} uptSn the Lot to afford access by the general public to the n er, (the "River") upon which the Lot fronts. The Grantor reserves and it has the . exclusive right and option to May 22, 2017 1 E.W.M, LLC Bent River A Renewal Permit #08-22 Attachment C(7)(b) Py 111110111111111111111 Ann1e F. Wl 1 17 20t4 80936 02:04,000 PROP Sertie County, NC Register of Deeds page 2 of 5 repurchase the Property and to vacate the Easem t at a price of $115,500.00 if within eighteen (18) months of th cl Onk his transaction (the date of this deed) the Grantee or es or assigns has not commenced construction of the Facility o ns ruction has commenced, the Facility is not completed within twenty-four (24) months thereafter; b. The Grantee shall at its expense, install a woven wire fence not less than eight feet in height and a corresponding twenty foot wide gate, all at its expense, along the western and southern property line of the Lot and continuing thence along the west line of the easement to its point of intersection with Weeping Mary Road (NC 1128). The design, construction and physical location of the gate will be mutually agreed upon by the Grantor and the Grantee prior to its installation. After construction of the fence and the gate, the Grantee shall thereafter maintain the fence and the gate, as so constructed and the existing fence on -the ease side of the Easement from the River to Weeping Mary Road in a reasonable and proper state of repair; c. The Grantee shall construct and t er aintain the wearing surface, .' ditches and drainage with' ent so as to provide an all weather wearing surface for cone 'o or vehicles in going• to and from the Lot and Weeping Mary Road; d. The Grantee shall retain or relocate and reconstruct, and in either case, shall thereafter maintain and preserve the existing flood control berm extending along and from the east Iine of the Parent Tract in a westerly direction across the Parent Tract so as to provide continuing and on going flood control and drainage to and for the benefit of the remainder of the Parent Tract. TO HAVE AND TO HOLD the aforesaid lands with all rights and privileges thereunto belonging or in any way appertaining to the said Grantee, its successors and assigns, in fee simple forever. The Grantor for itself, its successors and assigns, covenants to and with the Grantee, its successors and assigns, that it is seized of said lands in fee simple, has a good right to convey the Lot in fee simple and the Easement? and that said property interest are free and clear of all encumbrances, SAY ""AND �XCEPTING rights of ways for highways and public utilities, an to axes for the year 2014 and subsequent years, and that it will forever wa2 and defend title to the same against the lawful claims of all persons whomsoever, subject however to the right of the Grantor, its successors and assigns to the free and unrestricted use of the Easement and all 30 On P��g02:04." 2°14 141 llllllll111111lllllf1111111 ie F. PROP t County, NC Register of Deeds page 3 of 5 improvements now or hereafter to be made thereupon or therein by the Grantee, its successors and assigns. IN WITNESS WHEREOF, (Dfanager ha caused these presents to be executed in its name by its Sole by authority duly given this the date and year first above written. E.W.M., LLC, A North Carolina Limited Liability Com y By: ( EAL) E. Wa en Matt a Member/manager STATE OF NORTH CAROLINA COUNTY OF BERTIE I, Judy W. Brown, a Notary Public, in and for the County and State aforesaid, certify that E. Warren Matthews, Sole Member/Manager of E.W.M., LLC, a North Carolina Limited Liability Company, this day personally appeared before me and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and No�a�y�- a (t ,orIse,this 17th day of January, 2014. 4/7 / ron�,>1.� . %taey Publi&' Printed Name: Judy W. Brown My Commission Expires: Sept. 25, 2014 (NOTARIAL SEAL) Notary Public, North Carolina Bertle Coun�tyy Myy Commission �xplrsa Se tember 25 O14 31 + ` 80936 �� 0117 2014 MV12 02^04.000 B tie County, NC Register of Deeds F W °n PROP Page 4 of 5 EXHIBIT "A" DESCRIPTION FEE SIMPLE, the "Lot" Beginning at an existing iron pin in the centerline of intersection of Weeping Mary Road - SR i 128 ,and property line of Bent on recorded in Plat Cabinet C, Page 85 Bertie County Register of Deeds.6M4Pd'l1'ekav1said centerline and along said property line North 15 ° 16.' 46" teet to a oint in the northern right of way line of Weeping Mary Road - ;6' e continuing along said line the following directions and distances: North 46" East 287.91 feet to an existing iron pin, North 16' 11' 33" East 110.86 feet to an existing iron pin, North 13' 31' 29" East 325.70 feet, North 11° 29' 16" East 272.72 feet, North 13' 20' 52" East 260.94 feet to an existing iron pin and being The True Point of Beginning. Thence North 52' 43' 54" West 54.70 feet to a set iron pin. Thence North 561 12' 38" West 237.69 feet to a set iron pin. Thence North 13° 45' 26" East 92.29 feet to a set iron pin. Thence North 76' 13' 06" West 45.65 feet to a set iron pin. Thence North 15° 42' 27" East 382.86 feet to a set iron pin. Thence North 15' 42' 27" East 20.00 feet to a point in the high water line of the Roanoke River. Thence along said high water line the following directions and distances: South 72' 35' 0 1 " East 32.00 feet to a point, South 650 08' 54" East 231.63 feet to a point. Thence leaving said high water line and along property line of Torn Urquhart the following directions and distances: South 13' 41' 26" West 17.76 feet to an existing iron pin, South 130 41' 26" West 53.56 feet, South 07' 32'21" West 17.18 feet, South 070 33'51" West 39.07 feet, South 10' 57'53" West 86.61 feet, South 05' 32'06" West 63.61 feet, South 03' 29'55" West 35.76 feet, South 06" 22'41" West 27.42 feet, South 01° 35'02" East 38.52 feet, South 10' 28'02" West 32.67 feet, South 10* 26'29" West 110.27 feet, South 16" 38' 40" West 32.67 feet to an existing iron pin and being the true point of beginning containing 3.30 acres as surveyed by Mark R. Lee, Professional Land Surveyor for the North Carolina Wildlife Resources Commission on November 22, 2013. 50 foot Ingress & Egress Easement Beginning at an existing iron pin in the centerline of intersection of Weeping Mary Road - SR 1128 and property line of Bent River Subdivision recorded in Plat Cabinet C, Page 85 Bertie County Register of Deeds. Thence leaving said centerline and along said property line North 15 ° 16' 46" East 64.20 fe 0i a point in the northern right of way line of Weeping Mary Road - SR 1128. reinB, Ite Trite Point of Beginning. Thence continuing along said line t I�wing did ctions and distances: North 15' 16' 46" East 287.91 feet to an exis i n,!i ,,North 16' 1 P 33" East 110.86 feet to an existing iron pin, North 13° 31 9" 9t 25.70 feet, North I V 29' 16" East 272.72 feet, North 13" 20' 52" East 260.94 o an existing iron pin, Thence North 52' 43' 54" West 54.70 feet to a set iron pin. Thence the following directions and distances: South 13120'52" West 283.93 feet, South 110 29' 16" West 272.64 feet, South 1391'29" West 323.65 feet, South .161 11' 33" West 110.09 feet, South 15" 16' 46" West 341.08 feet to a point in the northern right of way line of Weeping Mary Road - SR 1128. Thence along said northern right of way line South 82° 42'37" West 30.68 feet to a point. Thence North 43108'23" East 46.37 feet to a point and being the true point of beginning. N 011 Jill I IIIIIIIJIll III 1111111111 B0936 FPO�on 02-04.PROP 000 Bertie County, NC Register of Deeds page 5 of 5 Page 2 Deed Description E.W.M., LLC, etc., Grantor State of North Carolina, Grantee Mark R. Lee Professional Land Surveyor 3912 (Lee). All as shown on a map by Lee dated November 22, 2 3, revision recordable size date January 7, 2014, CAD File id: WMproperty. rded in the Bertie county Public Registry on January 14, 2014, as � ba �., in PIat Cabinet _ , prior to the recordation of this Deed. The 50' access and egress easemer nonexclusive and to be used and enjoyed by the Grantor, the Grantee and other persons or legal entities who now have and any who may acquire substantially the same or similar rights of use and enjoyment. The Lot is severed from the Parent Tract conveyed the Grantor by deed recorded in Deed Book 860, Page 730, in the Bertie County Registry and under a Re-establishment Boundary Line Agreement recorded in Deed Book 866, Page 675. 35 b N'ORTht CARCLINA WILOLIFE RESOURCES COAVAISSION a< NG SERVICES of MtSe CentY. IC 11�V�lr H Uua pa} l N l Weeping Mary BAA )f. .z- 13 Scale:01"= zao' ❑ �zaaa 350 Property off SR '1128 - Weeping Mary Rd on Roanoke River AIX $HUT Woodville Township, Bertie County, North Carolina�� • • APPLICATION FOR RENEWAL OF MINING PERMIT #08-22 BENT RIVER (A), BERTIE COUNTY E.W.M., LLC, APPLICANT MAY 22, 2017 ATTACHMENT C(7) C. PROTECTION OF NATURAL RESOURCES 7. The nearest existing structure to the Permitted Area is an unimproved cabin used infrequently by sportsmen and is otherwise uninhabited. There are no other structures within 300 feet of the Permitted Area. [Attachment C (7)(a)] An eight foot woven wire fence has been installed from the intersection of the northwest property boundary line at the high water line of the Roanoke River and continues along the property boundary adjacent to the lands of John M. Griffin, LLC to the north line of Weeping Mary Road; thence easterly along Weeping Mary. Road to the 50 foot Access Easement; thence northerly along the west line of the Access Easement to the intersection with the south line lands of the State of North Carolina; thence west and north with said lands to the intersection of the south high water line of the Roanoke River [See Attachment B(2)(a) for reference]. In addition, an earthen berm was installed from the overburden along and parallel to the north line of Weeping Mary Road from the haul road to the Access Easement; thence northerly along the west line of the Access Easement for approximately 800 feet. A similar berm buffer extends along the north line of "Mining Excavation Area C" adjacent and parallel to the south line of Weeping Mary Road interrupted only by the haul road as shown. The State of North Carolina (State) acquired 3.3 acres, more or less, in the northeast corner of the original Bent River tract upon which the North Carolina Wildlife Resources Commission (Wildlife Commission) constructed a fishing pier, boat dock, boat launch, ramp, and parking area. The Wildlife Commission has fenced the entire area including the west line of the Access Easement from Weeping Mary Road to the site and thence to the river. It is required to maintain the fence in good order according to the Covenants contained in the deed from EWM, LLC to the State dated January 15, 2014, and recorded in the Office of the Bertie County Register of Deeds in Deed Book 937, Pages 991-995 (Attachment C(7)(b); (Plat at Book 13, Page 846) [(Attachment C(7)(c). No buildings are located within the Wildlife Area. 35 �s Y 9 i'h: a4tr.l f��kh�yfl�i. 1. Xk: f f • � �S rt{ . ( iK j2 't �t� f{{Yi : jo � i' i .3:t. • ' Y{tip tr}t f �' ftrr t �It'ti Ifr 1 llt it(! st its i` { � r f Etl ti lFf hr t�,fl{< cf f 1 r - _ ft Itttli is i i �! 'T C•tf kl l� {r 9(,sSf4lt yli4{�f .S'{ I4i S LU ZLU /b f •�J is h rf i '�- I J n g �p p ? i'. '� .• a -fry t,'1 ��G ��� ,rttff{{it. 4� ttl,% n �� � [F' �,•-j rr tf'tr,{�ti.'{t�f; s�'{'t��t���{ f�tlrt?�e�f;7k0�ia� UJ UJ O n (� m e� y O �K n 0 0 APPLICATION FOR A M&G PERMIT u 9. Are acid producin* minerals or soils present? Yes El No ■. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(v) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. The Permitted Area is surrounded entirely by lands owned by the Applicant except for that adjoining the south line of the Wildlife Commission (Refer to the answer to Question C(7) above). The berm buffer in the area shown on Attachments 8(2)(a and b) will be installed and maintained in conjunction with the mining operation when it is extended into the Excavation Area A (58.55 acres). 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? As noted above, the Wildlife Commission has constructed, operates, and maintains a public fishing pier, boat launch, dock, and parking area in the northeast corner of the property adjacent to the Roanoke River. The area is fenced and is maintained by the Wildlife Commission. When mining operations begin in the "Expanded Mining Excavation Area A", the earthen berm will be extended from its present terminal point (about 800 feet north of its intersection with the north line of Weeping Mary Road) adjacent to the west line of the access easement, parallel and adjacent to the south line of the Access Road to its intersection with the "Existing Mining Area." 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 (lying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ■ No ❑. Ifyes, describe these materials, how they will be stored and method of containment in case gf'spill. Indicate the location(s) of all storage facilities on the mine map(5). Diesel fuel is transported as needed using one transportable trailer type fuel tank. Tools, grease, oil and repair parts are located and stored "on site" within the Processing/Storage Area. M -�7 • . APPLICATION FOR A MINING PERMIT 3. 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) ofall permanent channels must be indicated on the reclamation map. See Attachment D (1) 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-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 ❑. If yes, specify species. Large mouth bass, sunfish, crappie, and other speciies natural to the Roanoke River Basin. The water depth will exceed four feet. The location of the Initial Excavation Site lies within the Pond area shown as "Edge of Water" on Attachment B(3)(a and b). The area of the present Active Mining Site is shown adjacent thereto as the "Active Mining Site Dewatering Area" and contains approximately eight acres. The mining operation will be expanded into Expanded Mining Excess Area A (58.55 acres) with the same technique as that employed in the present mining operation, the exact location of the new pond area cannot be determined presently but will lie within the affected acreage 218.88 acres. 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. Geological borings confirm that there is no limestone or other rock from the surface to a depth of twenty-five feet at which point the ancient seabed is encountered. The entire depth of the Permitted Area consists of topsoil —overburden from the surface to nine feet± and sand and gravel nine to twenty- five feet. The ponds or lakes resulting from the excavation of the material will be landscaped and graded to a slope of not less than 511 and restored to a natural condition to assure stability and compatibility with existing waterfowllimpoundmentlwildlife habitat, agriculture or timber lands. -11- w • APPLICATION FOR RENEWAL OF MINING PERMIT #08-22 BENT RIVER (A), BERTIE COUNTY E.W.M., LLC, APPLICANT MAY 22, 2017 ATTACHMENT D (1) D. RECLAMATION PLAN The Permitted Area lies within a tract of 390 acres owned by the applicant. The existing pond resulting from mining excavation covers approximately 14.8 acres (Pond) with a maximum depth of twenty-five feet and a free board of seven to nine feet depending upon rainfall and river elevations. The Active Mining Site contains eight acres and is dewatered by pumping the subsurvace water to the Pond. We intend to work with the NRCS and the U. S. Fish and Wildlife Service to establish ponds and adjoining shoreline areas for fish, waterfowl, and other wildlife to the end that the ecosystem will be enhanced and promoted. The final buffer areas around all excavated pond sites will be established as natural food plots, forest lands, etc. All pond shore lines will be reclaimed to a slope of not less than 5/1 for wildlife accessability, safety and ease of maintenance. Excess overburden from the mine area will be used for berm construction. The final buffered areas will be planted to natural species based on recommendations from the appropriate state and federal agencies and/or restored to agricultural production or timber land. All haul roads and processing areas will be graded, stabilized, and incorporated into the surrounding topography for maximum wildlife habitat or reclaimed to agricultural production to assure a off site erosion and sedimentation. ?9 • 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 locutions for such areas must be provided on the reclamation map. Please refer to the answer to Question C (6 )(a-c) and attachments. It is also to be noted that there is virtually no waste material derived from the mining activity. The entire deposit from the surface to a depth of twenty-five feet is marketable in one form or another. The unsold portion of the overburden from the surface to a depth of nine feet is used in the construction of the earthen berms previously noted. A small quantity of oversized material is stored on -site and will be reclaimed for sale and/or berm use if and when a sufficient quantity for commercial purposes has been accumulated. If no such quantity of such material is produced from the mining operation, that product will be returned to the ponds and thereby reclaimed, a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. In the final reclamation all disturbed areas, stockpiles, and traces of the operation will be reclaimed and incorporated into wildlife and waterfowl projects or returned to agricultural production. The objective of the mining operation is to excavate, process, and sell so much of the natural material as is saleable and to reclaim the site by establishing ponds and natural habits commensurate with the Roanoke River ecosystem. b. Will any on -site roadways be left as part of the reclamation? Yes ❑ No E. 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. There is and there will be no storage of "on site" or "off site" generated waste. To date no waste products have been encountered or generated. Approximately 80 percent of all material mined or excavated is of commercial value and has been sold. The remaining 20 percent was/is used in berm construction, returned to the excavated pond sites, or stockpiled for future processing/production. Repair/equipment parts are housed "on site" within the Processing/Storage/Office area. No junk is allowed to accumulate and none is maintained or retained on site. Waste products, if any, will be disposed of at the East Carolina Environmental Regional Landfill, Windsor, North Carolina, approximately 12 miles from the Mine Site. -12- Uo • APPLICATION FOR A MINING PERMIT i Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for_,y_ear-round, seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department, LIME - RATE OF APPLICATION (tons/acre): 2 Tons/acre or as determined by soil analysis FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 1000 Ibs/acre; 10-10-10 or 8-8-8 or as determined by soil analysis SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: Bahia Grain 3/15 - 7/15 100 lbs/acres Fescue September -December; 100 Ibs/acres March - May MULCH - 'TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: 75% ground cover (63 approximately/acre) 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 MOG PERMIT • E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation work.sheet is to be used to establish an appropriate bond (based upon a range of $500 to $5,000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate AFFECTED CATEGORY ACREAGE Tailings/Sediment Ponds: ** -0- Ac. Stockpiles:** -0- Ac. Wastepiles:** -0- Ac. Processing Area/Haul Roads: 7.70 Ac. Mine Excavation: 183.54 Ac. Other:(Berm & Landscape buffer) 27.33 Ac. TOTAL AFFECTED AC.: 218.88 Ac. (TOTAL PERMITTED AC.: 22998 Ac.) RECLAMATION RECLAMATION COSTIACRE* COST X $ /Ac. = $ X $ /Ac. — $ X $ /Ac. = $ X $ 1,800 /Ac. = $ 13.860 X $ 500 /Ac. = $ 91,770 X $ 500 /Ac. = $ 13,665 **SEE ATTACHMENT E(1) Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 218.88 Ac. b) Positive Drainage -0- 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) We defer to the Department to calculate the reclamation bond. -14- • APPLICATION FOR RENEWAL OF MINING PERMIT #08-22 BENT RIVER (A), BERTIE COUNTY E.W.M., LLC, APPLICANT MAY 22, 2017 ATTACHMENT E (1) E. DETERMINATION OF AFFECTED ACREAGE AND BOND There are no tailings or sediment ponds on site. Water from the Pond is circulated through the screening plant and returned to the Pond. There are virtually no "fines" derived from the operation and very little oversized material with the result that there are no waste piles. The oversized material (anything in excess of .57 stone) is stockpiled within the Processing/Storage/Office Area; and, when a sufficient quantity has been obtained, it will be processed and the oversized, saleable material will be sold and the balance will be returned to the Pond as a part of the reclamation process. `I3 APPLICATION FOR A M&G PERMIT . F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining; permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public rlght-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. 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" -15- APPLICATION FOR A MONG PERMIT 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 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) of (Direction) in County *SEE ATTACHED MAP FC ADJOINING LANDOWNER NAM off/near road NOT APPLICABLE (Number/Name) RIES AND CORRESPONDING In accordance with G.S. 74-50(bl); the mine operator is redunvu tv iiicA ., u .easonable 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 arc within 1,000 feet of' the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30- day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding i . For information on at (919) 707-9220. Pleas ni (Addressee/Owner of Record's Name and Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) mining permit application review process, please contact to that the Department will consider anv relevant written Oining Act of 1971 throu -yhout the al2plication review (Name of Applicant: Include Contact Person & Company Name, if Applicable) go (Address of Applicant) APPLICATION FOR A ANG PERMIT AFFIDAVIT OF NOTIFICATION 1, , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) (Attach additional list if necessary) 1 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, N NOT APPLICABLE (Address) The above attestation was made by me isfactory to the Department that a reasonable effort has been made to notiq mi njivwu vvru%,ia UL 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 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 information: Name of applicant: Title of person executing Affidavit a 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 of 20 Notary: my Commission expires: -17- Li 6 APPLICATION FOR A KING 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: �9111'1 L Signature: Print Name: E. Warren Matthews, Trustee/Manager (Title, if applicable) APPLICANT: Signature:* Print Name: E. Warren Matthews Trustee/Manager Company E. W.M., LLC Title: Trustee/Manager (If applicable) Address: 9718 Highway_903_(P. O. Box 369) Company: E. W.M., LLC Bracey, VA 23919 Mine Name: Bent River (A) Telephone: (434 ) 636-6363 or 434-447-9135 Telephone: (434 ) 636-6363 or 434-447-9135 Date Signed: May 22, 2017 Date Signed: May 22,_2017 *Signature must be the same as the individual who signed Page 1 of this application. maps and reclamation maps, and the appropriate Processing fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and 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 stall'at (919) 707-9220. -18- APPLICATION FOR A Mf NG PERMIT 0 M1NiNG FEE SCHEDULE A nonrefundable permit application processing tee 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 atso includes lands added to it 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 hind 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 Nif1NG PERMIT I� APPLICATION FOR A MIMING PERMIT 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, l-ienderson, .lackson, 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, [redell, 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, Herd'ord, 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- :yq APPLICATION FOR A r*ING PERMIT 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 APPLICATION FOR A 1*ING PERMIT SCHEDULE OF RECLAMATION COSTS (Based upon_ _range of $500 - $5,000 Per affected acre) COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Tyne. T/S Ponds S.piles W. in les - P.area/H.R. Mine Excayt 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(13D) Ll, PF, OL, KY PH I000(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 13Y 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 BONI) DETERMINATION. -22- -- s R ......... ........... . .:. . ..:........:........... ....:::... . ..... . ........ .. 'im .. .... . . ........... =MEW illimir- xMIN...::.:............:.:......... ..::::.:....::.. :xx ........:........:...:.:. . ;:... =x:.. ;. .ra ... ....................:. ...... . .:.:::.......:.: ...: '. ;r .:.:..:......:... . ...:.:.:.:..... . :........ ... . _ ... ... ................... ....: .: .::.:..:..........:....... .:.:.:::.:..::::...... . ......::.. ......:...:..:.:.::.:............:.....:.:.... .:.::....::..... ...... :. . . .:::..... . ....:...... .:::...... �.............. ..... .max .:::.:::.....:.::.:.:............. ..:::...�:::...:::. ....... . x x mm PROCESSING STORAGE OFFICE AREA OFFICE 4 ME .:...:.......... ....... ..........:.:...........:.:. .:..:.......:....::....:..... .. .. . . ... . ... ..... ......... . ... . ...:..:.:.::: ... ... . r . HAU L. ROACH 1.36 ACRE' !V : LEE 1] 20 FT UNDISTISTURBED LANDSCAPE BUFFER 30 FT BERM/BUFFER �► HAUL ROAD EXISTING MINING AREA PROPERTY LINE PERMIT LINE OVERHEAD UTILITY LINE WELLS PERMITTED ACREAGE TOTAL = 229.98 ACRES AFFECTED ACREAGE PROCESSING AREA/HAUL ROAD 5.43 + 1.36 + 0.58 + 0.33 = 7.70 BERM/BUFFER 5.00 + 3.23 + 3.26 + 4.75 = 16.24 LANDSCAPE BUFFER 3.42 + 2.21 + 2.21 + 3.26 = 11.10 M1NE EXCAVATION EXISTING MINING AREA = 32.54 ACRES PROPOSED EXPANDED AREA "A"= 58.55 ACRES PROPOSED AREA "B"= 58.20 ACRES PROPOSED AREA "C"= 34.55 AC MINE EXCAVATION TOTAL= 133.84 ACRES AFFECTED ACREAGE TOTAL = 218.88 ACRES APPLICANT.• E.! M., LLC P.O. BOX 369 BRACEY, VA 23919 EXISTING MINING AREA E. W. M. , LLC. BENT RIVER A — MINE MAP BERTIE COUNTY, NORTH CAROLINA 20° -' ; E. VJ M. i_LC �s3d c. � Y Heat Rive iA Renewal Permit #OS -2 7 At�_n E mentt�_ Hr( r CRUTCHFIELD or 3M.SISOCIA TES INC. ENGNEERS - PLM**M 7996 HIGHWAY 47 EAST P. 0. BOX 268 CHASE CITY9 4 434-7- 4 FAX -7- 3 2 588 AX 434 3 2 Q871 . MILE ©.. DATE: mrA 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 15, 2012 Mr. E. Warren Matthews EWM, LLC Post Office Box 369 Bracey, Virginia 23919 Re: Bent River (A) Mine Mining Permit No. 08-22 Bertie County Roanoke River Basin Dear Mr. Matthews: Beverly Eaves Perdue, Governor Dee Freeman, Secretary Your recent request to have the above referenced mining permit modified has been approved. The modification is to allow dewatering activities at this site as indicated on the mine map last revised January 30, 2012 and as outlined in the additional information received by the Land Quality Section on January 31, 2012 with stipulations. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to insure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification. I would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition No. 4E. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. As a reminder, your permitted acreage at this site is 229.98 acres and the amount of land you are approved to disturb is 218.88 acres. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-919-707-9220 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 Internet: http://portal.ncdenr.org/webArAand-quality An Equal Opportunity l Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Mr. Warren Page Two Please review the modified permit and contact Ms. Judy Wehner, Assistant Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. Sincerely, J net . Boyer, P S ate Mining Specialist nd Quality Section JSB/jw Enclosures: Modified Permit No. 08-22 cc. Mr. Pat McClain, PE Ms, Shannon Deaton - WRC, w/permit Mr. William Gerringer-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: EWM, LLC Bent River (A) Mine Bertie County - Permit No. 08-22 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: June 7 2017 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications April 25,_201 1: This permit has been modified to increase the permitted acreage to 229.98 acres and the affected acreage at this site to 218.88 acres as indicated on the mine map received by the Land Quality Section on December 8, 2010. The modification includes the expansion of the existing mine excavation area to the east, south and west, including the installation and maintenance of all associated supporting features and appropriate erosion and sedimentation control measures. March 15, 2012: This permit has been modified to allow dewatering activities at this site as indicated on the mine map last revised January 30, 2012 and as outlined in the additional information received by the Land Quality Section on January.31, 2012 with stipulations. Page 3 Expiration Date This permit shall be effective from the date of its issuance until June 7, 2017. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer, as indicated on the mine map received by the Land Quality Section on December 8, 2010, shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavations shall be diverted internal to said excavations or into appropriate erosion and sedimentation control measures. Page 4 C. Mining activities shall occur as indicated on the mine map received by the Land Quality Section on April 20, 2007 and the supplemental information received by the Land Quality Section on February 23, 2007, and April 20, 2007. D. Activities associated with the mine expansion to the east, south and west of the existing mining excavation, including the installation and maintenance of all associated supporting features and appropriate erosion and sedimentation control measures, shall be conducted as indicated on the mine map received by the Land Quality section on December 8, 2010 and the supplemental information received August 31, 2010, September 10, 2010, November 2, 2010, December 8, 2010, and March 7, 2011. E. Dewatering activities at this site as indicated on the mine map last revised January 30, 2012 and as outlined in the additional information received by the Land Quality Section on January 31, 2012 with the following stipulations: 1. No pit water shall be discharged beyond the permit boundary. 2. A minimum of one (1) foot of freeboard shall be maintained at all times in the receiving mine pit. If the minimum freeboard is reached, all mine dewatering activities at the site must cease. 5. A. All permit boundaries (229.98 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. B. A minimum 20 foot undisturbed buffer along both sides of the centerline of Roanoke Electric Cooperative's 40 foot right-of-way shall be maintained and permanently marked at the site on 100-foot intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits.shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. A. Sufficient buffer (minimum 50 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. Page 5 B. A minimum 20 foot undisturbed buffer along both sides of the centerline of Roanoke Electric Cooperative's 40 foot right-of-way shall be maintained and permanently marked at the site on 100-foot intervals. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. Page 6 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $172,000.00 Irrevocable Standby Letter of Credit, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 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 restore the mine excavations to lake areas and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake areas shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 8 B. The side slopes to the lake excavations shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October October 25- February 15 Soil Amendments Species Rate,.Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime - 2000 lbs/acre 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. Page 9 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued June 7, 2007 and modified April 25, 2011, is hereby modified this 15th day of March, 2012 pursuant to GS 74-52. By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources 77 -�7 �_J 7' �71 7 Z;c ZZ, 77- !7 z 1'4 7- 77, 7- 77 77 6 I T� . ...... ..... 71� y iA- r:7W owe �46 Ln law 7 L Am* 00 00 • Wehner, Judy From: Harris, Matthews & Crowder, PC (h mopc@ bitbroad band. com I Sent: Friday, March 09, 2012 11:02 AM To: Wehner, Judy Subject: FW: DWR - Water Withdrawal Registration At your request, the filing receipt from Mr. Brady follows. Thanks. Warren E. Warren Matthews EWM, LLC P.O. Box 369 Bracey, VA 23919 434-636-6363 hmopc a.buggs.net From: Brady, Harold M.[mailto:harold.m.brady@ncdenr.gov] Sent: Tuesday, March 06, 2012 5:06 PM To: hmopc@buggs.net Subject: DWR - Water Withdrawal Registration Mr. Matthews, Thank you for submitting a completed water withdrawal registration for the Bent River Materials Mining facility in Bertie County. This email serves as confirmation for the registration of your facility. If you have any questions concerning the program, please contact me. Thank you, Harold M. Brady Water Withdrawal Registration Program NCDENR - Division of Water Resources phone:919-707-9005 fax:919-733-3558 email: harold. m. brad ncdenr. ov www. ncwater, or r 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. 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 G.�2.o2•ot.�� MEMORANDUM January 31, 2012 RECEIVED TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commission FROM. Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for EWM Inc. Bent River A Mine Bertie County FEB 2 7 2012 LAND QUALITY MINING PROGR 'J Beverly Eaves Perdue, Governor Dee Freeman, Secretary �J t 1E 0 2012 ' Conr Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by February 24, 2012 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater 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 Wenner at (919) 733- 4574 if you have any questions. /bmh Attachments cc: Mr. Pat McClain 14r3 Vzmflr�� 2__ ZZ-ZD1Z 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-919-707-92201 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 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 6 Wehner, Judy From: Wehner, Judy Sent: Monday, February 27, 2012 11:54 AM To: 'hmopc@buggs.net' Subject: DWR Comments Attachments: 08-22 dwr comments.pdf Here they are. Let me know when you have registered. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 (919) 715-8801 fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. • 0 Wehner, Judy From: Harris, Matthews & Crowder, PC [hmopc@bitbroadband.com] Sent: Friday, February 17, 2012 12:27 PM To: Vinson, Scott; Wehner, Judy; Novak, Gary; Jones, Jennifer Cc: Dumpor, Samir Subject: RE: Bent River Mine Modification Request Mr. Vinson: In response to your inquiry of February 16, 2012, with reference to the captioned request, we will pump only from the new mine site into the existing "Recovery Pond" with no overflow to surface waters, i.e., ours is and will be, a "Closed Loop System". If you need information or supporting documentation, please let me know. E. Warren Matthews, Sole Member/Manager of EWM, LLC (Bent River Materials) hmopc(dbuogs.net 434-636-6363 From: Vinson, Scott rmai Ito:scott.vin Son@ npdenr.govl Sent: Thursday, February 16, 2012 3:50 PM To: Wehner, Judy; Novak, Gary; Jones, Jennifer; hmopcC&buggs.net Cc: Dumpor, Samir Subject: Bent River Mine Modification Request Please see the attached DWQ review sheet for the mine permit modification request for the Bent River Mine in Bertie County. I need some clarification on whether the mine plans on Dewatering to surface waters or whether they plan on just pumping to the existing "Recovery Pond" with no overflow to surface waters, ie a Closed Loop system. Please see the review sheet comments. Please call or write if there are any questions. Sincerely, Scott SCOTT VINSON NCDENR- DWQ 943 WASHINGTON SQUARE MALL WASHINGTON, NC 27869 OF'F'ICE:(252) 946-648 1 DIRECT:(252) 948-3848 Before printing this email, please consider your budget and the environment. *E-mail 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. ' • Wehner, Judy From: Vinson, Scott Sent: Friday, February 17, 2012 11:18 AM To: Novak, Gary Cc: Wehner, Judy; Jones, Jennifer Subject: RE: Bent River Mine Modification Request Gary, l spoke with the mine owner Mr. Matthews earlier this morning to make sure there was no planned discharges to surface waters. Like you mention below, just a closed loop system. I'm good now, thanks, Scott "sue' Before printing this email, please consider your budget and the environment. *E-mail correspondence to and front this address is subject to the Ndrth Carolina Public Records Lary and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Novak, Gary Sent: Friday, February 17, 2012 10:33 AM To: Vinson, Scott Cc: Wehner, Judy Subject: RE: Bent River Mine Modification Request Scott; Closed loop system. No discharge planned as of 2/13/12 per mine operator. Call me if you have questions Gary A. I'lovak NC Department of Environment and Natural Re. EmIonmental Senior Spedallst 252-946-643 t-ext 33611Work gary, nova aic1,attcdenr, goat North Carolina €7eptartment of Environment. 943 Nashington Square %Jail VVashhigton, Nordl CArolina 27a39 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From: Vinson, Scott Sent: Thursday, February 16, 2012 3:50 PM To: Wehner, Judy; Novak, Gary; Jones, Jennifer; hmogc@buggs.net Cc: Dumpor, Samir Subject: Bent River Mine Modification Request • Please see the attached DWQ review sheet for the mine permit modification request for the Bent River Mine in Bertie County. I need some clarification on whether the mine plans on Dewatering to surface waters or whether they plan on just pumping to the existing "Recovery Pond" with no overflow to surface waters, ie a Closed Loop system. Please see the review sheet comments. Please call or write if there are any questions. Sincerely, Scott SCOTT VINSON NCDENR- DWQ 943 WASHINGTON SQUARE MALL WASHINGTON, NC 27889 OFFICE:(252) 946-6481 DIRECT:(252) 948-3848 Before printing this email, please consider your budget and the environment. *E-mail 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. Wehner, .Judy From: Vinson, Scott Sent: Thursday, February 16, 2012 3:50 PM To: Wehner, Judy; Novak, Gary; Jones, Jennifer; hmopc@buggs.net Cc: Dumpor, Samir Subject: Bent River Mine Modification Request Attachments: Bent River Mine MOD 08-22 DLR-WQ Review Sheet .doc Please see the attached DWQ review sheet for the mine permit modification request for the Bent River Mine in Bertie County. I need some clarification on whether the mine plans on Dewatering to surface waters or whether they plan on just pumping to the existing "Recovery Pond" with no overflow to surface waters, ie a Closed Loop system. Please see the review sheet comments. Please call or write if there are any questions. Sincerely, Scott SCOTT VINSON NCDENR - DWQ 943 WASHINGTON SQUARE MALL- WASHINGTON, NC 27889 OFFICE:(252) 946-6481 DIRECT:(252) 948-3848 `W Before printing this email, please consider your budget and the environment. *E-mail 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. Print this form to PDF Return PDF of this form to DLR CO by email. = DLR RO and DWQ SPU MINING PERAT APPLICATION R&EW FORM for the DIVISION OF WATER QUALITY THIS SECTION TO BE FILLED OUT BY DLR: Project Name: Bent River (A) Mine DLR Permit #: 08-22 County: Bertie Address: hmopc@buggs.net YES NO Date Commencin Is this mine a new mine? r � 2007 Have land disturbing activities started? Date? E✓ 1` 2007 Latitude:35.0955 Longitude:-77.2503 Please return comments to (at DLR CO): Judy Wehner Comments due by- 2124112 SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality? see below Comments: Under Sec.C.3.c. Addendum. Paae 7, it specifies that dewaterinq will occur but what seems to be described as a closed loon system. It's not clear if anv dewaterinq to surface waters will or will not occur as a result of this pumping to the recovery pond. Watershed/Stream Name & Classification: Roanoke River, C. 23-(26 DWQ Compliance Status of Mine: compliant YES NO NPDES permit required? ' If dewatennu'to surface waters 'F [f s _. tricly closed .. _ loop system. NPDES permit existing? (Permit # ) �Ifan NPDESpermit s not required, is'DWQ stilhconcernedaboutwetiarddegradatn Iry Eby, dewatermg? Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if r RO Contact Name: Scott Vinson - mine has already begun digging or is Contact Reason: to clarify "dewaterinq" dewaterinq without DWQ permit) 401 Wetland Cert required? i- # See comments above.' . 401 Wetland Cert. existing? Permit # Does DWQR currently have enough information ,ta d Rev September 2010 Print this farm to PDF Return POF of this form to DLR CO by email. cc DLR RO and DWQ SPU T �ci a i fiB Wt I aft i "'k .. ... .... . . Rev September 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? r.._ Does DWQ RO suspect or know of nearby r r wetlands to the site? Is a wetland�delineation required prior to 'r_'� By:-r 1JD or T 16onsultant r , DWQ,issuing the permit?, 'Onsite? Or -Offsite? Stream Determination Needed? I7.0 am Determination Completed? Does DWQ RO need a statement that no wetlandsistreams are disturbed i r for this project from applicant? °Buffe'rDetermination Needed?,'' e �r �i ry-, � Buffer Determination Completed? r l✓ ,,Recycle system permit existing?* it Permit`#,� New Recycle System permit required?* r , Possibly, not enough information to r Enough information to determine? determine.. jeNon-discharge permit existing?"" WPermit # Will wastewaters discharge to HQW waters r I✓ 7Q10 Unknown ( ermittee determine): r , with a 7Q10=0? ** Flow: I Has Violation _ r i O&M Requirements - Does DWQ require DLR to hold thq,permit . r�HQW/7Q10 Concerns P - �r ,See (e:g: so DWQ.can review it further or because DWQ requires more information)? Other..Reason: Comments RO contact: Hold Until: Mine must wait to dewater until an O&M r Jf dewaterinq to surface waters will i- plan is approved? occur 'The NPDES SW and WW pennit NCG020000 covers closed-lopp rec cle s ystems, designed to exclude all stormwater nun -off from the system and operate at or below two -feet of freeboard. Theses stems maybe oermittedbya Non-discha a Recycle System Permit from the Aquifer Protection Section LAPS). OR may instead be peimitted under NCG020000 to eliminate an additional yermit. Recycle systems that do not meet those criteria are considered dischamina systems, and are subiect to the NCG020000 dischame pemaif. "To obtain 7010 flows, permittees must contact the DWQ Stormwater Permitting Unit. if DWQ does not have a now estimate fora 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 7Q 10 flow. USGS will not determine a 7Q 10 flow for tidally influenced water bodies. Reviewed by: DWQ RO Surface Water: Washington Regional Office: Scott Vinson Date: 2/16/2012 RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable): Rev September 2010 0 0 Wehner, Judy From: Novak, Gary Sent: Thursday, February 16, 2012 2:51 PM To: Wehner, Judy Cc: Mcclain, Pat Subject: Bent River (A) Mine, P# 08-22 Permit Mod. Attachments: Gary A Novak.vcf Judy, The modification as presented is requesting authority to pump mine water into adjacent pit and show expansion of the excavation. The site was reviewed on 2/13/12. The application has addressed all of the information required and I do not have any additional comments to add. The erosion and sediment control measures for this site are adequate at this time. Please call if you have any questions or if, I may have missed something. Gary A. Novak NC Depar.tment.of Environment and N..atural Re.,.: Environmental Senior Specialist 252-946-5431ext, 3360k ork. gar'y. novak `�ncdenr.gov Nor6i Carolina Deptartment of Environment S, ..,. 943 YVashington Square Mall Washington, North Carolina 27839 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 Beverly Eaves Perdue Governor MEMORANDUM • �� CDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Thomas A. Reeder Director February 07, 2012 TO: Judy Wehner Land Quality Section FROM: Paul Williams '__� Ground Water Management Section Division of Water Resources SUBJECT: Comments on the Mining Permit Modification Request for: EWM, LLC Bent River (A) Mine Bertie County Dee Freeman Secretary RECEI1/ED FEB 0 9 2012 LAND QUALITY SECTION Please find attached a copy of the mining permit modification request for the above referenced project. The Bent River (A) Mine, located in Bertie County, does not appear to have an unduly adverse effect on ground water supplies, but will need to register their withdrawals (if they have not already done so) since they are withdrawing more than 100,000 gpd (270,000 gpd). 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 1 for the previous year. 1f you have further questions please contact the Division of Water Resources at (919) 707-9000 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One Phone: 919-707-90001 FAX: 919-733-3558 Internet: www,ncwater.org N C ya�rolina An Equal Opportunity 4 Atfirrnatlre Actlon Employer - W% Recycled 410% Post Consumer Paper Adu .111 till ' , 1 I'J'!: tf✓. I.,' 'I f'_'I ,, I Ii, !� Nil'. ., 1 1• f;llr , I , , ] I r - '1... , �� � it Ifll, I' S . . •'I 11� . I 'r � � I 1 r , I •,trr 't e: rr • '. ,l .. ,..'3 !J` t 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 January 31, 201.2 MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Re ource FROM: Brenda M. Ha is Mining Program ecretary Land Quality Section SUBJECT: Mining Permit Modification for EWM Inc. Bent River A Mine Berne County Natural Resources Beverly Eaves Perdue, Governor Dee Freeman, Secretary ❑ Mine Dewatering Proposed © No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal 1 modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by February 24, 2012 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining per 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. 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 Attachments cc: Mr. Pat McClain "Wor 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-92201 FAX: 919-733 512 North Salisbury Street, Raleigh, North Carolina, 27604 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • i MINING CHECKLIST FOR ROUTING AyyliCNlt3 Name: Id i M Yl t Pmjict Now: i 7 P.0 i t'"cli-1 A Ayylte.IPertntt Na.: county: Date RMIVerl: f a, j v Rtvt NCr. , �. , Rtver Basin Nalne: — Q 1 A vi U Kc, . T V ❑ New ❑ Renewal e Madiftc m (instdeyermtt kwtbft) ❑ Madlfication (mdadeynmlt baundartes) ❑ rran�er ❑ Release �u ❑ Partial Release ❑ Addittonal t0armatian ❑ Fee Needed: $ Fee Recutved:'� S Pkgm route entire nhc&m paka to: „ n -R0 \(2 comylete ea ts; attach the %q R1PX4 oPa Mint►{q Ayyliaffm Review Cheeky to one toys and attach bo the D W , and AQ tnt►}q AyyBMUM Review Form" to the other eryy; send bath eoytes to the R00a (L1� Division of water Rtwu= �NC WIM fc RaMrW Commission Date: Routed 1 31- 9-Reed Dale: Routed —4Reed J Date: Routed Reed ❑ us Fisk & wMft Savtce Date: Routed Reed (only new ayylteems and n Aficattan requests butt add land to thepma) P6W route first 3 vats of the avvltratfan and any lacatlmt mays to: ❑ Dfvfsian of Pa76 & Reencattan Date: Routed Reed ❑ NC Geow Survey Secumt Date: Rated Reed ❑ Dfvtf M of Moto Fisheries Date: Routed Reed ❑ Dil? M Of Safi & water Conservation LEA) Date: ROW Reed (only new ayplirattons and m diftcdW requests that add W to theyermtt) ❑ Division of Archives & His#my (only new gyltcattons) ❑ Other: Date: Ranted Reed Date: Routed Reed * osu yew mte far Cowments: p I a ti ! (w later than as days from rvme f) ❑ Plaue note the fa1la"- , 9. a 5-0. _Vn (ri- i� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary January 31, 2012 MEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for EWM Inc. Bent River A Mine Bertie County Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by February 24, 2012 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater 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. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-707-9220/ FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 Ar, tA. 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 January 31, 2012 MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Re ource FROM: Brenda M. Ha r is Mining Program ecretary Land Quality Section SUBJECT: Mining Permit Modification for EWM Inc. Bent River A Mine Bertie 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 1 modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by February 24, 2012 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater 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. 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 Attachments cc: Mr. Pat McClain- 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-919-707-9220 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh,.North Carolina, 27604 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 i i E. W. M.,-LLC 6850 CO E. W. MATTHEWS P 0 BOX 369 PH 434•636-6363 68.493/514 BRACEY, VA 23919 DATE 36 / Z- gyp. Carter Bank & • 0 Wehner, Judy From: Wehner, Judy Sent: Tuesday, January 31, 2012 1:67 PM To: Dumpor, Samir Cc: Mcclain, Pat; Novak, Gary; hmopc@buggs.net; Wehner, Judy Subject: modification for Bent River (A) Mine Attachments: 08-22 DLR -Water Quality Review Sheet 2010.doc Here's the modification checklist for the pending modification. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 (919) 715-8801 fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. r Print this form to PDF Return PDF of this form to DLR Co by email. cc DLR RO and DWQ SPU MINING PEROT APPLICATION R@ /IEW FORM for the DIVISION OF WATER QUALITY THIS SECTION TO BE FILLED OUT BY DLR: Project Name: Bent River A Mine DLR Permit #: 08-22 County: Bertie Address: hmogc(a-,)bupgs.net YES NO Date Commencin Is this mine a new mine? r r 2007 Have land disturbing activities started? Date? r r 2007 Latitude:35.0955 Longitude:-77.2503 Please return comments to (at DLR CO): Judy Wehner Comments due by: 2124112 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: Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if RO Contact Name: lr mine has already begun digging or is Contact Reason: dewatering without DWQ permit) 4bi",' land Cent rdqu!red7 401 Wetland Cert. existing? r Permit # r D6e``s`DWQ<'00,,currently have enough information to:determine if a 401 ' 17 EM— certification is `re uired? Rev September 2010 Print this form to PDF Retum PDF of this form to DLR CO by email. cc DLR RO and DWQ SPU YES NO Are wetlands disturbed, at this site? I r� Does DWQ RO suspect or know of nearby r Er wetlands to the site? Is a wetland delineation required prior to F d By: JJD .or i Consultant _ DWQ issuing thepermit? _'Onsite? Or '_C_ -Offsite? Stream Determination Needed? r Stream Determination Completed?' i Does DWQ RO need a statement that no wetlands/streams are disturbed for this project from applicant? Buffer Determination Needed?:t'- Buffer Determination Completed? r r Recycle system permit existing?* Permit # r New Recycle System permit required?* I- r Enough information to determine? Non -discharge permit existing?* Permit,#. r Will wastewaters discharge to HOW waters r , r 7Q10 Unknown (ermittee determine): i- with a 7Q10=0? ** Flow: r Has Violation Does DWQ'require DLR to hold. the permit „l l" , O&M Requirements r I; HQW/7Q10 Concerns (e:g. so DWQ can review it further or F r because DWQ requires more information)? 'i Other. Reason: RO-contact.- Hold Until: Mine must wait to dewater until an O&M r �- plan is approved? "The NPDES S Wand WW permit NCG020000 covers closed -loot) recycle systems, designed to exclude all stormwater run-off from the system and o erate at or below two -feet of freeboard. Theses stems maybe permitted by a Non -discharge Recycle System Permit from the Aquifer Protection Section (APSE OR may instead be permitted under NCG020000 to eliminate an additional permit. Recycle systems that do not meet those criteria are considered_ dischamainq systems, and are subiect to the NCG020000 discharge permit. ""To obtain 7Q 10 flows, permittees must contact the DWQ Stormwater Permitting Unit. if DWQ does not have a flow estimate fora specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q10 flow. USGS will not determine a 7010 flow for tidally influenced water bodies. Reviewed by: DWQ RO Surface Water: Regional Office: Date: RO Aquifer Protection Section: Regional Office SPU DWQ Central Office Reviewer (if applicable): Date: Rev September 2010 E.W.M., LLC P. O. Box 369 Bracey, Virginia 23919 Telephone 434-636-6363 Fax 434-636-6644 hmopc@buggs.net RECEIVE® JAN 31 2011 U_ j, D QUALITY SECTION January30, 2012 Ms. Judith A. Wehner Assistant State Mining Specialist VIA HAND DELIVERY NC Dept. Of Environment & Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Bent River (A) Mine Permit #08-22 Dear Ms. Wehner: I enclose herewith the original and four copies of the captioned Application for modification of my existing mine permit, together with five copies of the mine location map showing the location of the pump and receiving pond and my check payable to the Department in the amount of $750.00. EWMIIw Enclosures cc: Pat Warmack, General Manager (Via hand delivery) r A-PPLICATION-FOR-A-MININPPEI[MI ------ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVE: Name of Mine LAND QUALITY SECTION JAN 31 1O1T APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) LAND QUALITY SEC Bent River (A) Mine River Basin Roanoke Latitude (decimal degrees to four places) 36-05-43t Longitude (decimal degrees to four places) 77-15-16+ 2. Name of Applicant* EWM, LLC County Bertie Permanent address for receipt of official mail" P.O. Box 369, Bracey, Mecklenburg County, Virginia 23919 (9718 Hwy. 903, Bracey, VA) Telephone (434 ) 636-6363 Alternate No.(434 ) 447-9135 (cell) ` 4. Mine Office Address 922-B Weeping Mary Road (P.O. Box 57) , Lewiston, NC 27849 Telephone e52 ) 209-7114 5. Mine Manager C. Patrick (Pat) Warmack We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. *"Signature Date zY E. Warren Matthew Print Name Title Sole Member/Manager 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. ** TIIC Land Quality Section rnUst be notified of any changes in the permanent address or telephone number. *** Si,.�nature of company officer required. G.S. 7451 provides that (lie Department shall grantor deny an application fora permit \N!ithin 60 days ofreceipt of a cotn171�Itr Application Or. It a public hearing is held, within 30 clays t01k.,\ving the hearing and the filing of any s11t?I11': (Mtal i10'orinati��n reiluire:d by the Department. All t1tiestimis y lust lie addressed and all required malls proti ided bel'ore this applivatimi can be considered complete. At(arh additional sheets as needed. `- APPLICATIOW7OR A MININf 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 rnap. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (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.: 08-22 Total permitted acreage: 229,98 i total affected acreage is 218.88, effective 4/25/2011. Does the modification involve acreage within the previously approved permitted boundary? Yes ❑x NoEl If yes, indicate the acreage to be cov ed by this modification (this is the acreage that the "major modification" fee will be based upon):A750.00 Requested partial dewater Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No 0. 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: 3. Mining method: ❑Hydraulic Dredge Dragline & Truck Other (explain): sand and Gravel Front-end Loader & Truck ❑x Shovel & Truck Self loading Scraper 4. a. Expected maximum depth of mine (feet) 25' Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation. etc.) natu-ralgr_Qyad letup. b. Expectecl averaoe depth of mine (feet) 24' - 2 - 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? .Tune 2007 to date Mining conducted by the applicant, EWM, LLC 6. Number of years for which the permit is requested (10 years maximum): the expiration date of the existing permit. B. MAPS 1. 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) 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: Mailine Address: 1612 Mail Service Center OR Raleigh, North Carolina 27699-1612 (919) 733-2423 www.geology.ennstate.ric.us/ Physical Address: 512 North Salisbury Street, 5`h Floor Raleigh, North Carolina 27604 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.orv-/it/gisContact/defauit.htmi 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 al I 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 ofa]I processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of'planned and existing on -site buildings. in. Location and dimensions of -all proposed sediment and erosion control measures. n. Location of 100-year fioodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts ofland that are adjoining the mining permit boundary; i f an adjoining tract is owned or ]eased by the applicant or is owned by the lesser of the mine tract. names ofowners of record of tracts adjoining these tracts, that are within 1.000 feet of the mining permit boundary. must be provided on the mine map. - 3 - 10 APPLICATION C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. See Attached Addendum 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. See Attached Addendum 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ NoEl. If yes, briefly describe all such processes including any chemicals to be used. See Attached Addendum 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 ofthe discharge and locate all proposed discharge points (along with their method ofstabilization) on your mine map(s). See Attached Addendum -6- EWM, LLC ADDENDUM TO APPLICATION FOR A MINING PERMIT PERMIT NO.08-22 January 30, 2012 Page 6 C. Protection of Natural Resources 1. We began mining operations in June, 2007, after the initial permit was effective. The permit was modified and permitted acreage expanded effective April 25, 2011. All mining operations, past and present, are fully within the permitted area and all future operations will be so confined. The initial excavation area containing approximately 7 acres is shown on the enclosed map. To increase efficiency we are beginning a new mine/pit approximately l 00' east of the existing location, leaving an unexcavated berm between the two. The new excavation mine area is shown on the map and will be expanded solely within the adjacent permitted area. Essentially, we are simply expanding the existing mining operations within the permitted area, leaving a small unexcavated area between the two sites. 2. All soil erosion controls, "set backs" and barriers described in the original application as modified in April, 2010 have been implemented and are in full force and effect. There is no erosion from the sites and no runoff into the adjacent unpermitted area. 3.a. YES. No chemicals are used in the operation. Water from the new mine site is pumped into the original mine site, then recycled through the screening plant and routed back into that pond. 3.b. All ground water encountered "on site" is routed into the existing previously excavated mine area. There is no runoff or drainage from any area into the waters of the State. APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ® NoEl. If yes, do you intend -to dewater the excavation(s)?• Yes 0 -.-No[—]. -� If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: 270,000 . Locate all existing wells on the mine map(s) that lie within 500 feet ohe proposed excavation area. Provide data to support any conclusions or statements madc, 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. See attached Addendum 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. See Attached Addendum 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. See Attached Addendum b. How will dust from stockpiles, haul roads, etc., be controlled? See Attached Addendum - 7 - Page 7 3.c. No wells lie within 500 feet of the excavation area. We are lowering the water table in the new mine excavation site, but are making no attempt to pump it dry. We intend to dewater partially by pumping ground water from the new mine excavation site into the old mine excavation site. The initial/old mine excavation site containing approximately 7 acres was excavated to a depth of 25'. The water table in that area is approximately 8' below the surface of the adjacent ground level. The recovery pond (the old excavated mine site) has a receptive capacity of 15,357,081 gallons (207' x 207' x 8' = 342,792 cubic feet x 6.4 gallons per cubic feet = 2,193,868 x 7 = 15,357,081 gallons. Using a Deutz Model 1`61,913 diesel engine equipped with a Cornell 6 x 6 centrifugal pump, we are transferring ground water from the new mine excavation area into the old mine excavation area. The pump has a rated capacity of 1,500 gpm or 90,000 gph. Operating three hours a day, we are transferring approximately 270,000 gpd and are lowering the water table in the new area from the depth of approximately 17 feet to a depth of 9 - 10 feet. No water wells are located within 500 feet of the excavated or proposed excavated area. The sales office at the mine is served by a private "on site" well located more than 500' from the excavated/excavation area. 3.d. We have not applied for the referenced permits. It is my understanding that copies of this modification application an the accompanying maps will be distributed "in house" to the other divisions of the Department of Environment and Natural Resources for review and comment. We intend to cooperate fully and will respond timely to any request for clarification or for new information. 4.a. No 4.b. By water trucks, etc., as necessary as stated in the original permit application. • 0 Wehner, Judy From: Selina Warmack [selinabakerwarmack@yahoo.com] Sent: Tuesday, November 22, 2011 9:19 PM To: Wehner, Judy Subject: Re: dewatering modification Hello Judy, I am sorry there was a problem with the email. If you -ever have problems reaching Pat (which is an everyday experience) please call me and I will do my best to help. Thank You for your time. Sincerely, Selina B. Warmack (252)209-7112 or Fax at home (252)539-1086 From: "Wehner, Judy" <judy.wehner(dncdenr.gov> To:"selinabakerwarmackCdlvahoo.com"<selinabakerwarmackCtDyahoo.com> Sent: Tuesday, November 22, 2011 10:50 AM Subject: FW: dewatering modification From: Wehner, Judy Sent: Monday, November 21, 2011 2:10 PM To: 'selinabakerwomack@yahoo.com' Subject: dewatering modification Pumping from pit to pit still is considered dewatering. Two other agencies are involved when dewatering issues are encountered: The Division of Water Resources — they deal with the amount of ground water pumped The Division of Water Quality — they deal with water discharges to areas outside of the permit boundary, To request a modification supply an original and four copies of the following: Pages 1, 2, 3, 6 and 7 of the application, a detailed description of the dewatering activities that includes pump make/model, pumping capacity in gallons per minute or hour, hours of operation, etc. You must also supply supporting calculations for the volume of water to be pumped and the ability of the receiving pond to take the volume without discharging. Five copies of the mine map showing the location of the pump and receiving ponds. Modification fee of $750.00 Call me with any questions.. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 733-4574 (919) 715-8801 fax -------- --------------------------------- E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. co m u > c � o o rti � y �r�yyy Ul �o > v 777 C ram^^ N N 'I C 7 77 Z 77 v `"" � '' 77 1- i O I { 00 i w Are AMA. 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 April 25, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1125 2547 Mr. E. Warren Matthews EWM, LLC Post Office Box 369 Bracey, Virginia 23919 Re: Bent River (A) Mine Mining Permit No. 08-22 Bertie County Roanoke River Basin Dear Mr. Matthews: Beverly Eaves Perdue, Governor Dee Freeman, Secretary Your recent request to have the above referenced mining permit modified has been approved. The modification is to increase the permitted acreage to 229.98 acres and the affected acreage at this site to 218.88 acres as indicated on the mine map received by the Land Quality Section on December 8, 2010. The modification includes the expansion of the existing mime excavation area to the east, south and west, including the installation and maintenance of all associated supporting features and appropriate erosion and sedimentation control measures. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to insure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification. I would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 3A, 413, 4E, 5A, 513, 913 and 13. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. As a reminder, your permitted acreage at this site is 229.98 acres and the amount of land you are approved to disturb is 218.88 acres. Because this office has received the $172,000.00 Irrevocable Standby Letter of Credit No. 103 issued by Carter Bank & Trust that is sufficient to cover this approved modification request, I am returning the $33,800.00 Irrevocable Standby Letter of Credit No. 84 issued by Carter Bank & Trust previously held by this office to you for your disposal. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-73345741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Certified Mail Mr. Matthews Page Two Please review the modified permit and contact Ms. Judy Wehner, Assistant Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincerely, J et S. Boyer, PE State Mining Speci ist Land Quality Section JSB/jw Enclosures: Modified Permit No. 08-22 Notice of Issuance Irrevocable Standby Letter of Credit No. 84 CC' Mr. Pat McClain, PE. Ms. Shannon Deaton - WRC, w/permit Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, w/ permit File 41 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: EWM, LLC Bent River (A) Mine Bertie County - Permit No. 08-22 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: June 7 2017 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by 'the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications April 25, 2011_ This permit has been modified to increase the permitted acreage to 229.98 acres a'nd the affected acreage at this site to 218.88 acres as indicated on the mine map received by the Land Quality Section on December 8, 2010. The modification includes the expansion of the existing mine excavation area to the east, south and west, including the installation and maintenance of all associated supporting features and appropriate erosion and sedimentation control measures. Expiration Date This permit shall be effective from the date of its issuance until June 7, 2017. 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. Sufficient buffer, as indicated on the mine map received by the land Quality Section on December 8, 2010, shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavations shall be diverted internal to said excavations or into appropriate erosion and sedimentation control measures. C. No dewatering activities shall occur at this site. Page 4 D. Mining activities shall occur as indicated on the mine map received by the Land Quality Section on April 20, 2007 and the supplemental information received by the Land Quality Section on February 23, 2007, and April 20, 2007. E. Activities associated with the mine expansion to the east, south and west of the existing mining excavation, including the installation and maintenance of all associated supporting features and appropriate erosion and sedimentation control measures, shall be conducted as indicated on the mine map received by the Land Quality section on December 8, 2010 and the supplemental information received August 31, 2010, September 10, 2010, November 2, 2010, December 8, 2010, and March 7, 2011. 5. A. All permit boundaries (229.98 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. B. A minimum 20 foot undisturbed buffer along both sides of the centerline of Roanoke Electric Cooperative's 40 foot right-of-way shall be maintained and permanently marked at the site on 100-foot intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. A. Sufficient buffer (minimum 50 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. B. A minimum 20 foot undisturbed buffer along both sides of the centerline of Roanoke Electric Cooperative's 40 foot right-of-way shall be maintained and permanently marked at the site on 100-foot intervals. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. Page 5 B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $172,000.00 Irrevocable Standby Letter of Credit, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. Page 6 14, A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 7 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards AsProvided_By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be, completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavations to lake areas and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake areas shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. f Page 8 B. The side slopes to the lake excavations shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revepetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October October 25- February 15 Soil Amendments Species Rate, Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime - 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer - 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibs/acre and anchored appropriately. Page 9 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued June 7, 2007, is hereby modified this 25th day of April, 2011 pursuant to GS 74-52. By: IV James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources E.W.M., LLC - Bertie County Permit #08-22 "New haul road" ail View East - West 0 At '4^.. ,��� � k ?� t 4r � ' �, � ljtS �T°'-'�� `„� �. •fie: 7 v � - To. il. r ; E ' � _ ,. ��° ��.�='� ...,fie" ,�^" `a'=gin •�.'�-.. M, c .:r E.W.M., LLC -- Bertie County Permit #08-22 "New haul road" #2 View East - West r w 1 " i + s r P �4 fS _ ' z t .+ r xa i t KK x � :,r?!s ""W .,.... � :..i!" . I Tt .. s � i "! • .r��F :...... x ��.�?� . ]:2 T�,�z�:�`•-^.�:y�a ^ . E.W.M., LLC - Bertie County Permit #08-22 "New haul road" #3 View East -- West "4', ■R .�i,� .`rya`! -,� bav gr all E.W.M., LLC - Bertie County Permit #08-22 "New haul road" #4 View West - East E.W.M., LLC P. O. Box 369 Bracey, Virginia 23919 Telephone 434-636-6363 Fax 434-636-5644 hmopc@buggs.net March 16, 2011 Judith A. Wehner Assistant State Mining Specialist NC Dept. Of Environment ,& Natural Resources Division of Land Resources, Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Bent River (A) Mine Permit #08-22 Bertie County 1 Roanoke River Basin Dear Ms. Wehner: y}(�' T'J X\� �i- MAR "2 12011 To supplement my letter and exhibits of March 3, 2011, 1 enclose pictures of the "proposed new haul road at existing stream crossing" the location of which is shown on the Mine Map, Exhibit A, EWM, LLC - Bent River dated August 19, 2010 revised September 30, 2010 previously filed with my application to modify Mine Permit # 08-22 issued by the Division of Land Resources June 7, 2007. If you need additional information or have questions, please call me collect at (434) 636- 6363 or send an email to me at hmopc@buggs.net. EWMIsw Enclosures ,a . Than i s ■ Complete Items 1, 2, and 3. Also complete i Item 4 if Restricted Delivery is desired. ,a, Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Mr. E. Warren Matthews EWM LLC X k td(Agent Received by4Znted Name)"nth ,C. Date of Delivery D. Is dell}ery address d'igerent from Item 17 ❑ Yes If Y!_5, enter delivery address below: ❑ No Post Office Box 369 3 Ice Type ertIfied Mail ❑ Express Mall Bracey. Vlr2inia 23919 f, ❑ Registered ) Return Receipt for Merchandise ❑ Insured Mail M 0.0.10. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number ;; 7QQ8 13QQ QQQQ ],125 2547 (Tlansrer irom se vice label), PS Form 3811, February 2004 Domestic Return Receipt _ _ _ i , 1()2595 02-M•1540 Y L NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application to modify this mining permit filed by EMW, LLC to conduct mining activities off SR 1128 (Weeping Mary Road) in Bertie County. The mining permit (no. 08-22) was modified on April 25, 2011. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA and NC General Statute 74-61, a petition for a contested case must be filed in the Office of Administrative Hearings within thirty (30) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150E-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 431-3000. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. L4'14�� J es D mons Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed NOTICE: There are no new adjoining property owners for this modification. Listed below are the same referenced in the original submittal dated .._ February 22, 2007 AFFIDAVIT OF NOTIFICATION I, E. Warren Matthews , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) Emily U. Ayscue and Thomas M. Urquhart, Sr. /John M. Griffith, LLC (Address) do Thomas M. Urquhart Sr. PO Box 131 Ahoskie, NC 27901 PO Box 490 Lewiston NC 27849 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the countyor 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) J`i.e.: City Manager, County Manager, Mayor, etc.] Zee Lamb Bertie County Manager (Address) 9 AD PO Box Windsor, NC 27983 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b 1) and 15A NCAC �� I understand a it is the responsibility of the applicant to retain the receipts o ailing showin��i �a`t Iv qye notices w u e to be ailed and to pr vide them to the Department upon ues / o MY pG(�� 1 w Si ature of Applicant or Agen ate Yn EXPIRES If person executing Affidavit is an agent or employee of an applicant, provide the following i� lat�bi'3�'•.1���� Name of applicant: E.W.M LLC �� Title of person executing Affidavit Sole M_anag✓er _ r t t iI i I, 0y- a Notary Public of the County of State of orth Carolina, do hereby certify that C-- k,-A + e o V AI-E kc_,.✓ appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witnes hand and notarial seal, this _day of Ak �, s f 20J. Nota my Commission expires: 9 a O k14 19- MINING CHECKLIST FOR ROUTING AyykUt s Name: M I t e _ Pro�ct Nano: &4j et"u W AyjhC.1PeM9 No.: 0 CottntT Daft Rtawk 3 1t 1 Reviewer: River Bou NAme: RX ah ou ❑ �Nnv ❑ Renewal ❑ mAfk4m (Wlk yemtt boundaries) ModtficAiian (outside ytrMif, lVrrdarfa) ❑ vansfrr ❑ Rdeast ❑ Partial Raltast Adsdtftonal n f cr AUR ❑ Fit Nadtd: $ ❑ Fee RtCttvcd: $ mute o ten qpkc&m Fa&g t to - \Please Re tonal oPce (z coVlctc cayW; attach the -rQ Rce 1W of feu Mlldgg Ayyucatlan tuvtcw Chtdrlt& to one ccy, ru attach both the DWCLo d DAQ•MtKigy AyytfCWM RMM Form to tht other cagy; send bet& cayta to the Rotanal Er(gtaur) Reed Date: Ranted 4+L ❑ Div 90 of water Rtwttrcts Date: Ra W Rwd ❑ NC Wtddltft Resourus Comnhdm Date: ROW Reed ❑ US Fish & Wtldltft SeWce Daft: Roted Reed (only dew ayylicat m ad rh#cattan mu eju that add land to thtyermu) Please route rst 3 the ffkCaUm And lautM W fo•. ❑ Dtvtsloa of ckS & RfMAflan Date: Rostted Reed ❑ • NC Geol v al Survey Secum Date: Round Reed D . Dtvtstox of Marble Ffskert[s Date: Rated Reed ❑ Dtvlslan of Soil & Water ConMtn►40 plus LLAJ Date: Rated Reed (only new ayylicattans and modf#tatimi mpests that add land to the ytrmlt) ❑ Dtvts[ort of Archives & HlstOrl Date: Routed Reed (only new ayyltcdtm) ❑ oaten. Date: Rated ReC•d • *Slt?eW Date for COm1Ht'.M IL-4 I 11 (NO later than 25 hs front Wr t) ❑ Please ,late fhe fulla": 0 E.W,M., LLC P. O. Box 369 Bracey, Virginia 23919 Telephone 434-636-6363 Fax 434-636-5644 hmopc@buggs.net March 3, 2011 Judith A. Wehner Assistant State Mining Specialist NC Dept. Of Environment & Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Bent River (A) Mine Permit #08-22 Bertie County 1 Roanoke River Basin Dear Ms. Wehner: MAR 07 2911 I acknowledge your letter of February 24, 2011 and in response, I am pleased to enclose: A cross section of the existing stream crossing access road to Area "C" oriented in an east/west direction; 2. A cross section showing its orientation in a north/south direction on which the approximate location of the 18 inch culvert is shown. Please note the reference to "an existing stream" is incorrect. It is in fact, a "wet weather stream" and does not flow continuously. The crossing was put in place many years ago according to my information, and its shoulders are well stabilized by vegetation. Roanoke Electric Cooperative provides electrical utility service to the property and its overhead utility line is shown on the plat dated August 19, 2010, revised September 30, 2010, submitted with the application for the modified permit. The cooperative has a 40 foot right-of-way to support the utility line and will not permit or allow excavation/mining within twenty feet of either side of the center line of the facility. Obviously, we intend to honor the easement and the buffer required by the utility. The cross sections are not to scale, but are approximately correct. If you need additional information, please le me know. Very ly yours E. Warre atthews EWM/Iw Enclosures • v� _ d I 0 0 t • C ON Complete items 1, 2, and 3. Also complete item 4 If Reseicted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the hack of the mallplece, or on the front If space permits. 1. Article Addressed to: A. Sign r ., ❑ Agent ❑ Addressee H. // r Pled ame) 0 roof i Delivery D. Is delivery address different from Item 1? ❑ Yes if YES, enter delivery address below: ❑ No MR E WARREN MATTHEWS EWM LLC PO BOX 369 3• BRACEY V1RG1N1A 23919-9718 GrHfled wall �C.0.13, MaiiRegisten3d etum Receipt for Mercfiendlse ❑'InsuredMall 4. Restricted Delivery? (Ex" Fee} ❑ Yes s �' ! 7;QQ8 1�Qq ; pOM A1�30 9944 Ps Form 381E 1,- February 2004Domestic Return Receipt r� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Govemor Director and State Geologist February 24, 2011 Dee Freeman, Secretary Certified Mail Return Receipt Requested *7008 1300 0000 1130 9944 Mr. E. Warren Matthews EWM LLC PO Box 369 Bracey, Virginia 23919-9718 RE: Bent River (A) Mine Permit No. 08-22 Bertie County Roanoke River Basin Dear Mr. Matthews: We have reviewed the modification request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: Provide a cross section of the existing stream crossing for the access road to Area "C". Provide any erosion and sediment control measures, if needed. 2. Please clarify how you intend to protect the power line poles from the mining activities. 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 to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, N. C. 27699-1612 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html An Equal Opportunity I Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Certified Mail Mr. Matthews Page Two As requires! 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) 733-4574 if you have any questions. 4Sincerely, I,r ~ •W Jd h A. ehner Assistant State Mining Specialist Land Quality Section cc: Mr. Pat McClain, PE Wehner, Judy From: Novak, Gary Sent: Monday, December 20, 2010 2:40 PM To: Wehner, Judy Subject: Sent River A Mine 08-22 Attachments: Gary A Novak.vcf Judy, I have no comments to add to the ADI submitted. Please call if you have any questions. Gary A. 146vak NC Department of Environment and Natural Re.. , Environmental Senior Specialist 252-946-6-181 ext; 3860 % cork grry.nova k i',d-ncdenr; go%Y tilort£i Carolina Dept ertment of Environment & _ 943 -lasNngton Square Mail ',Vasliington, Horth Carolina 27,339 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 "�V • NCDENR North Carolina Department of Environment and Division of Land Resources James D. Simons, PG, PE Director and State Geologist Certified Mail Return Receipt Requested 7008 1300 0000 1130 9593 Mr. E. Warren Matthews EWM LLC PO Box 369 Bracey, Virginia 23919-9718 RE: Bent River (A) Mine Permit No. 08-22 Bertie County Roanoke River Basin Dear Mr. Matthews: Land Quality Section January 5, 2011 Natural Resources Beverly Eaves Perdue, Governor Dee Freeman, Secretary The review has been completed on the modification request ybu/your company submitted for the referenced mine site. However, the following is needed to continue processing your application: The reclamation bond calculation worksheet has been verified. The reclamation bond for this site has been calculated to be $172,000.00. The calculation worksheet is enclosed for your review and the bond or balance ($138,200.00) will be required prior to approval of this modification. 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., EWM, LLC. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. Please be advised that the renewal request cannot be completed until the new bond amount has been received. As required by G.S. 74-51 (h), you are hereby advised that you have 60 days from the date of your receipt of this letter to submit the reclamation bond. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dIr.enr.state.nc,us/pages/landqualitysection.html An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 1-1 CERTIFIED MAIL Mr, Matthews Page Two In order to complete the processing of your modification request, please forward the bond to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Please contact me at (919) 733-4574 if you have any questions. Sincerely, Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms cc: Mr. Pat McClain, PE ,�-�.�..•..�� ..�.' -`.� i r..- -V^ .. .r�` x- .a �r---y,�.y.r....-•-`wI'(-'�-•'-'�✓.:ti.:�.�..^:1ri1."�^'-..a:�,.+�ry^•""`•v^^t..v�'t+r - •�'M+..w�`^"4Y • 0 MINING CHECKLIST FOR ROUTING Ayyticr b Name: �� �_� Pmo jecf Name: Ayylfc./Pernttf Na.: a CMq: T° d�4'� _ _ Daft ReceNc : Reviewm Rtvtr Baste Nano: ❑ New ❑ Renewal ❑ Mar�f ftwtm (hark yema ba Nurta) CXMod ftca m (ffliWkymntf ) ❑ Dw frr ❑ RtleW ❑ PMrttal Rtkaf[ Addffional I0 MMU M ❑ Fee *&k $ ❑ FCe Rttetmh $ Pk gm tnuft eMftrC ffItcattm[ axis a to: AI - iir � - �^ " L- RtgWW *a (z Co?Lte Wylej' attach the 'WS VOW *a M XV AWrtcat M FMM Ck&bst- to 6 M)y and a 6h both the DWq* DAQ MWV Ayylfxaffon ReVtew Farm' to the c6a copy; send both ayfa to the RgtO Daft: Routed Red ❑ Dtvfft � Wder Rtsouraa Daft: RMM Reed ❑ NC Wtktft Rzourm COmtMUM Drift: RAW Reed ❑ US Flsh & Wd fi StMa Daft: Routed � Redd (0* new aflhcatlons and modocatton rrpg& that add land to theyerm[t) Please Mfi, rst .3 M dw fftr&m ad 0 kcaftaM !n to: ❑ DMflOM O MiS & RWC&g Daft: RaW Rte'd ❑ NC Geological Survey Secum Date: Ra d d Rwd ❑ DMSI M of Marlrit F156d s Date: Routed Rwd ❑ Dmstan of sad & water Cmtservatim (ybts uA) Date: Rmtttd RWd (only new aghcaf m and modtftmUm mquats that add land to theyme) ❑ Dtv ON � ArCkfff & History Daft: ROW Reed (only new appllcattom) Date: Routed Rerd * Sttyew Date for Commons (Mo later than as days%tum rrcctty0 ❑ p6m Mott tht/nll": In • E.W.M., LLC P. O. Box 369 Bracey, Virginia 23919 Telephone 434-636-6363 Fax 434-636-5644 hmopc@buggs.net RECEIVE® December 7, 2010 DEC 06 20% Judith A. Wehner Via UPS Assistant State Mining Specialist NC Dept. Of Environment & Natural Resources Diuision of Land Resources Land Quality Section 512 N. Salisbury St., 51h Floor, Room 504-P, Mining Dept. Raleigh, NC 27604 Re: EWM, LLC Mining Permit #08-22 Modification Application Dear Ms. Wehner: I enclose two (2) copies of the Mine Map for the captioned project revised to include the North Arrow and the location of the haul road access to the property on the South side of Weeping Mary Road. (Area C) Area C is separated from Areas A & B by Weeping Mary Road, a public roadway owned and maintained by the State of North Carolina as a result of which the permit boundaries cannot be contiguous. However, the haul road access to Area C is shown in its existing location directly opposite the access haul road to the plant site on Area A. i intend to supply the additional reclamation bond in the amount of $138,200.00 within sixty (60) days or prior to January 29, 2011. Please call me at (434)636-6363 if you need additional information or have questions. Very truly yours, . Warr 5CaftEthEews�,;1e member/manager EWM/sw Enclosures Alvin , • NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Director and State Geologist Certified Mail _Return Receipt Requested *7008 1300 0000 1130 9135 Mr. E. Warren Matthews EWM LLC PO Box 369 Bracey, Virginia 23919-9718 RE: Bent River (A) Mine Permit No. 08-22 Bertie County Roanoke River Basin Dear Mr. Matthews: Land Quality Section Beverly Eaves Perdue, Governor November 30, 2010 Dee Freeman, Secretary We have reviewed the modification request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. The permit boundary line must be contiguous. Provide access to Area "C". 2. Provide a north arrow on the mine map. 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 has been verified. The reclamation bond for this site would be $172,000.00. The calculation worksheet is enclosed for your review and the new bond or balance ($138,200.00) will be required prior to approval of this request. For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e,, EWM, LLC. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. 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.uslpagesllandqualitysection.html An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled t 10% Post Consumer Paper A. • 0 Certified Mail Mr. Matthews 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 56.0013, 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, Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms cc: Mr. Pat McClain, PE i • Wehner, Judy From: Novak, Gary Sent: Wednesday, November 10, 2010 2:30 PM To: Wehner, Judy Cc: Mcclain, Pat Subject: Bent River A, 08-22 Attachments: Gary A Novak.vcf Judy, Additional comments for the above mine All of the over head utilities are not shown within the proposed mine excavation pit A. Please show the utility location. w Will the utility lines be moved or removed when rVining 4egins in excavation area A? Do you have a plan in place to move the power lines? t-lru A North arrow is not shown on the map. Please provide the arro correctly. Thanks for your help Gary A. Novak NC Department of Envronntent and Natural Re... _nvivonrr;entat Senior Specialist 252-946-6431 ext. 3360 ;ork gar y.novai &rn_denr. ,gov, North Carolina Deptartment of M)virorment n 943 ,�iasNngton Square Mall VlasNngton, 11orth Ckolina 27.39 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 MINING CHECKLIST FOR ROUTING Ayyltwdls Name: _ �< < 1 ti L °� Project Nm: Aghc. /Permit No.: 0 pJ o� a� Cmdy. XU Date Ra&e l• j I Revenuer: R er Wa NMI: Q"d L., C� New ❑ R[M cod ❑ Modp4m (tIK*Yermt 6Wl&lu) MOd ftmum (mW& yerrllfL�t 6Ndmla) ❑ Trmftr ❑ Rek" ❑ Parteal ReleltSe A6 Adl UOX4 I*mdm ❑ FU NGCU ❑ Fit RattYid: bast route mere ophcdlm a c to: t N RtgeaR A Offiu (2 eony fete mytes, attach the W Vond offlcc Mtidy Aypheattan Review che&hst" to one copy and a6k bath the DWQ_and DAQ'M" Ayyltedn Review Farm' to the other co)y; scud both specs to the ROW EI�Rneef) Date: Raw) IQI'd R., ❑ DIVW RR of water RlsouR1CeS Date: Routed Rccd ❑ NC WeldRluDu= CORK dWon Date: RmW Ra'd ❑ US Fish & Wd1dltfe Servece Datc: ROW Rerd (only new ryryhcai m and mode ficatfan mpeats that add Ind to the yerndt) Please Nude first 3 mats of the riRnrlletUm rind ay bona mm ta: ❑ Df 9ft of Pgb & Reencaliau Date: Routed Ra'd ❑ NC Geological Surety secUm Date: Routed RWd ❑ Dtves M a f MmW Ftsht O Date: Routed Ra'd ❑ Dt91 M of Soil & Water COWMgtkX (plis LEA) -Date: Rautrd Rwd (0* new ayylteatians and nradt ficattan reuses that add Rand to the yc wt) ❑ Dtvts O Of ArCkM & HtsfOry (only new ayykdtans) ❑ other: Daft: RmtW Reed Daft: ROW Ra d * *suspense Date for Comwtts: )0q)10 (No later than 25 days from rra�t) ❑ Please Hate tht fallMV- E,W.M., LLC P. 4. Box 369 Bracey, Virginia 23919 Telephone 434-636-6363 Fax 434-636-56" hmopc@buggs.net November 1, 2010 Judith A. Wehner State Mining Specialist NC Dept. Of Environment & Natural Resources Division of Land Resources Land Quality Section 512 N. Salisbury St., 51" Floor, Room 504-P, Mining Dept. Raleigh, NC 27604 Re: EWM, LLC Mining Permit #08-22 Dear Ms. Wehner: I enclose 6 copies of the revised Mine Map and related exhibits with reference to my application for modification of the captioned mining permit. If you have questions or need additional information, please call me collect at (434) 636-6363 E. E W Mlsw Enclosures rs, 0 w i, 0 p 4 r r X., i M ol i p� ,r 0 o � � Q 4_ p c SENDER: COMPL.ErE TH07CTION COMPLETE THIS SECTION OSIVcnY ■ Complete Items 1, 2, and 3. Also complete A. turp Item 4 if Restricted Delivery Is desired. 0 Agent ■.Print your name and address on the reverse Addressee so that we can return the card to you. g, jPec ved b (Prin Name) C. Date of Delivery ■ Attach this card to the back of the mallplece,. 4 d _ ` i or on the front if space permits, D. Is delivery address dlferent from Item -I? ❑ Yes 1. Article Addressed to: elf 9.... ati d uerya s�tie W 0 No MR.E WARREN MATfHEWS OCT EWM LLC PO BOX 369 BRACEY VIRGINIA 23919-9718 1 tg;t6 ldllLl 1 eg[9teredetum Receipt for Merchandise p insured Mall ((❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number. --, --- `` Oster tmm service kWlo,7008 1300 I0000 1130865,7 '; r Ps Form 3811, February 2004 ( _aaDomestic Return Receipt vZ % — �� 102505-02-M•1540 NCDENR North Carolina Department of -Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Director and State Geologist Certified Mail Return Receipt Requested *7008 1300 0000 1130 8657 Mr. E. Warren Matthews EWM LLC PO Box 369 Bracey, Virginia 23919-9718 RE: Bent River (A) Mine Permit No. 08-22 Bertie County Roanoke River Basin Dear Mr, Matthews: Land Quality Section Beverly Eaves Perdue, Governor September 27, 2010 Dee Freeman, Secretary We have reviewed the modification request 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 indicate the 229.98 acre permit boundary. The permit�boundary line must be contiguous. Show all overhead and underground utilities on the mine map. - Label the landscape buffer as,undisturbed. 2. Provide a cross section of the pit area including berms, side slopes (minimum 3:1) to the water line, and side slopes below the water line (minimum 2:1). 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 has been verified. The reclamation bond for this site would be $172,000.00. The calculation worksheet is enclosed for your review and the new bond or balance ($138,200.00) will be required prior to approval of this request. For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., EWM, LLC. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. 1612 Mail Service Center, Raleigh, ; Jorth Carolina 27699-1612 • Telephone 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet: http:llwww.dIr. enr.state.nc.uslpagesllandqualitysection.html An Equal Opportunity 1 Arumative Action Employer - 50% Recycled f 10% Post Consumer Paper • Certified Mail Mr. Matthews 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 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. 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, �J W ,Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms cc: Mr. Pat McClain, PE NCDENR North Carolina Department of Environment and Natural Resources Division of Soil & Water Conservation Beverly Eaves Perdue Patricia K. Harris Governor M Director Memorandum To: Brenda M. Harris, Mining Program Secretary Division of Land Resources From: Natalie Woolard, Technical Services Section Chiefs\� Date: 9/23/10 Subject: EWM. LLC — Bent River Bertie County RECEIVED SEP 2 4 2010 Dee Freeman Secretary NC Division of Soil and Water Conservation has reviewed the EWM.LCC application for a mining permit modification. The Conservation Reserve Enhancement Program (CREP) database does not reflect said property being enrolled in a conservation easement. Therefore NC CREP has no programmatic concerns with moving forward with this permit modification request. Please contact me should you have any questions or concerns at 252-948-3902. 1614 Mail Service Center, Raleigh, North Carolina 27699-1614 Phone: 919-733-23021 FAX: 919-715-35591 Internet: www,enr.state.nc.us/DSWC An Equal Opportunity 1 Affirmative Action Employer One NorthCarolina Xaturally � k�� � ,.: �, F North Carolina James D. Simons, P.G., P.E. Director and State Geologist �FTr� • NCDENR Department of Environment and Natural Resources Division of Land Resources Land Quality Section August 31, 2010 TO: Ms. Natalie Woolard Application Review Coordinator Division of Soil and Water Conservation FROM: Brenda M. Harris Mining Program Secre ary Land Quality Section SUBJECT: Mining Permit Modification for EWM, LLC Bent River Bertie County Beverly Eaves Perdue, Governor Dee Freeman, Secretary RECEIVED SEP 2 4 2010 ON 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 September 24, 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. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner (919) 733-4574 if you have any questions. Ibmh cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 9919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 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 August 31, 2010 MEMORANDUM TO: Mr. Peter M. Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for EWM, LLC Bent River. Bertie County Beverly Eaves Perdue, Governor Dee Freeman, Secretary (M 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 September 24, 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. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner (919) 733- 4574 if you have any questions. Ibmh cc: Mr. Pat McClain ktCEIVED SAP 2 4 2019 LAND QUA 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 SEP 7 2010 • Wehner, Judy From: Novak, Gary Sent: Friday, September 24, 2010 9:11 AM To: Wehner, Judy Cc: Mcclain, Pat Subject: Bent River Modification P# 08-22 Attachments: Gary A Novak.vcf; DAQcommentsBentRiver 08-22.jpg; DWQcommentsBentRiver 08-22.jpg Judy, Please find below comments for the above mine permit mod. Ma Show the permit boundary on the map. (Assumed that the boundary is the property line but should be identified). i� Show all overhead and buried utilities within the proposed permit mod. and immediately adjacent to the mining operation Show all existing structures and roads especially the areas between the river and the mine permit. Call me if you have any questions. Gaiy A. Novak NC Department of E. ',Armnient and Natural Re.,. Environmental Senior Specialist 252.946-5431 ext. 3360 Work gary. nova's,ancdenr. goy:' North Carolina Deptartment of Environment S, .,. 943'6asliington Square Mall trr`asl7ir�gton, North EArolina 27339 E-mail correspondence to and from this address may be subject to the Norlh Carolina Public Records Law and may be disclosed to third parties 1 MINING PERMIT APPLICATION REVIEW FORM for the MIVISION OF WATER QUALITY rr -rwlec 'hrnder-_�LLL �-u r ty_�.�.� "wue mare *or Ctimments Sack :o Lnd Quality Section. f /-ram `. ,v%lill :,le ccer; dcri. as fir: ccsed, viciam star dares cr %vater qualit,/'? 0j tif�I ier5 l�L'l it �f i Nc" ime u Classiilcaticn: di i Y;-3-6` 6. v`y ,tiiP,1E3 war:;.i[ ex:5 ;r-.c 1 W ?vcrdisc:jar�p wers-�it µa�;::re� %,Icnd'sc`�arc �¢r it exisiir 5 -•'•���''rVetlanC �.��. i'c�^r,Uire[! �r err.:i: s N C ,,01 Wetland Cerz, eX!Sting (per rnik - J 1�i1"r_�_ia, .tire- ✓i?f, ,'yl' �wiQs �7+4A Reviewed -bV: Tint iNanle, 'kjyC3 '54::_, ewra? C'fi--3 Revoe-.ver ..... -32010 'LWI Y .. (. 0 MINING PERMIT APPLICATION REVIEW FORM for the DIVISICN OF AIR QUALITY Prciect/Nu mcer—owmAt" pat4"k —ounrv, —Cuo Cate for Comments Back to Land Quality Secticr?: liviiii me aPeratior, 3s �-rcpcsed, victate szarcarcs ::i air Y=S NO r;t existing p 2010 L C;tner Ccrrrnants: Reviewed bv: ?rin: H J SEP 3 2010 "11 Beverly Eaves Perdue Governor MEMORANDUM NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Thomas A. Reeder Director Septernber 16, 2010 TO: Judy Wenner Land Quality Section FROM: Paul Williams Ground Water Management Section Division of Water Resources SUBJECT: Comments on the Mining Permit Modification Request for: E.W.M.LLC Bent River Bertie County Dee Freeman Secretary RECEIVED SEP 16 2010 LEWD QUALITY MINING PROGRAM Please find attached a copy of the mining permit modification request for the above referenced project. The Bent River Mine located in Bertie 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 1 for the previous year. If you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 Phone: 919-733-40641 FAX:919-733-3558 Internet: www.ncwater.org An Enid OnnorwnN 1 AMr malive An inn Fmnlover —,M% Rxvrled 110% Pnsl Cnnsemnr Paw Nne orthCarolina Naturalltl NCDENR North Carolina Department of Environment and Natural Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist August 31, 2010 MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for EWM, LLC Bent River Bertie County Mine Dewatering Proposed Resources Beverly Eaves Perdue, Governor Dee Freeman, Secretary ® 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 September 24, 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. Judy Wehner (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain SEP 2 2010 D-MSION ()F WATF P,ESWRCIPS 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 * 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Log In #: ;U 3 DPR/RRS Mining Permit Application Review RRS Contact: �L& 1 Name of project: - 0 J, o r )eU ` i?e rt V County: 4?e_V_7 r e__ A ^ Proposed activity is is not Within 5 miles of a public park or recreation area. I ('yes, identify the park: Manager/agency name: (contact name): (phone; fax)- (e-mail): Review conducted b t/ ' > � y: r� Date: A/d .01 PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS. YOU CAN ALSO E-MAIL YOUR COMMENTS TO: Adrienne. Kuehniaan,ncdenr.gov THANKS! RECE.,IVED Return form and materials to: CC - Adrienne Kuchnia OLT t 5 2010 DENR/Division of Parks & Recreation 1615 MSC LAND QUALITY MINING PRQGRAM Raleigh, NC 27699-1615 (Please Print on COLOR Paper) NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist August 31, 2010 1l__lleWT 1L TO: Mr. Lewis Ledford, Director Division of Parks and Recreation FROM: Brenda M. Harris Mining Program Ske�rUr*ary Land Quality Section SUBJECT: Mining Permit Modification for EWM, LLC Bent River Berne County Beverly Eaves Perdue, Governor Dee Freeman, Secretary RECEIVED SE? 15 2w LAND QUALITY MINING PROGR4NM 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 September 24, 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 publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner (919) 733- 4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 .._ _ .-�--�- - ._ - ,. _.� .- _... _. _ ......vr.�.T.y4'x�.�F"�'-y".�N�.,lVf„!'L'yY'kW-:-�--•- � -- - ._ ._ �..�.�.....- _� _ _ .. .. M i MINING CHECKLIST FOR ROUTING Ayyltu tS Name: c L r ..C---, Prole NOW E I li ! y k LLL Aypltr./Permit No.: Q - La, 001. . l{� Date RMtn : q 1 o l o Reviewer, RlW Bash[ Name: ❑ New ❑ Renewal ❑ Modiftratfan (Mstdtytrmtt kundartea) �(mqwfm (o bf&yermtt ) ❑ ❑ Re6W ❑ POU Rtlta.Se X Addlttonal Ixfomtatton ❑ Fa Na&l $ ❑ Fee Reatvtd: $ Please tnufe V to arrlfr&M r &WE te: x Regional Cart (2 c°"ylctt WylW, attach the W Repff l Ofi6 Mt" ApphtatfoM RMEW eiudtNst• to oee copy at attach both the DwQand DAq"M" AppllcatfOR Re91e1P FO►Rl' t0 th Ot<let W�; SGhd �7ofJ1 EOyfa TO t�tt Aef o►W cer) Datt: Round 1 D Red ❑ Dtvtsian of Water Rtsourcrs Date: Round Rte'd ❑ Nc wildllfr Resao = comnttston Date: Routed Rtr'd ❑ US FtSh et Wildlife SeMa Dale: RAW Reed (only new app$ea m and niApcattan requests that add land to theperndt) Please Mdf first 3 raa(S of the arrltratton and MY lacanon mars t& ❑ Division of Panes & Recnatfou Date: Routed Reed ❑ NC GtOloBtral Survey Section Daft: RWW Reed ❑ DtVl N of MWIN Ftsherlr5 Daft: Round Rtc'd ❑ DtvtdM o Soft & water canurvatton (pb►s LEA) Daft: Routrd Rtr'd (only ►uw appltcattans and mall ftcatian ►cquccts that add land to the ym del ❑ DtrlOM of Archives & Hufory (only mw Wltcattans) ❑ othm. Date: Round Reed Daft: Round Red wwS"eW Date fir comments: RSA -6Fo2(" (xo later than as days from rues t) 0 Please nott the fol": E.W.M., LLC P. O. Box 369 Bracey, Virginia 23919 Telephone 434-636-6363 Fax 434-636-5644 hmopc@buggs.net RE-CERIM August 31, 2010 1 SEP 10 2mv Judith A. Wehner State Mining Specialist NC Dept. Of Environment & Natural Resources Division of Land Reserves Land Quality Section 512 N. Salisbury St., 51h Floor, Mining Dept. Raleigh, NC 27604 Re: EWM, LLC Mining Permit #08-22 Dear Ms. Wehner: I enclose herewith an executed, notarized copy of the Notice I sent to Mr. Zee Lamb, Bertie County Manager, in connection with my application for a modification of the captioned mining permit filed with your office on August 31 ", 2010. 1 also enclose my certified mail receipt for the document, together with the "green card" executed in Mr. Lamb's behalf by Misty Deans. Please file this documentation with my application. Very truly yours, E. Warren Matthews EWMIIw Enclosures • 0 NOTICE: There are no new adjoining property owners for this modification. Listed below are the same as referenced in the original submittal dated February 22, 2007 AFFIDAVIT OF NOTIFICATION I, E. Warren Matthews , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) EmilyU. Ayscue and Thomas M. Urquhart, Sr. do Thomas M. Urquhart Sr. PO Box_131 Ahoskie, NC 27901 John M. Griffith, LLC PO Box 490, Lewiston, NC 27849 (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.] Zee Lamb, Bertie County Manager (Address) PO Box Windsor NC 27983 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 1904(d). I understandtbat it is the responsibility of the applicant to retain the receipts o ailing showing a`t ,qye notices w u e to be ailed and to pr vide them to the Department upon u7,o ����y• . • • Q Y PUe.:P l _ ;•2 MY �'• Sig ature ofApplicant or Agen bate =Q • EXPIRES t4.- 0•.� If person executing Affidavit is an agent or employee of an applicant, provide the following i Name of applicant: _ _E.W.M, LLC _ //i;/tA`7�{10F����` Title of person executing Affidavit Sole Manager �n I, a Notary Public of the County of ' • ! UuL , State of orth Carolina, do hereby certify that appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her, Witnes hand and notarial seal, this / `day of 1� i,, H s +- NotaryL my Commission expires: _19_ x Ir IN.. 1,111 ru o 0 F CD m Postage O Certified Fse 0 Rewrn Receipt Fee C3(Endorsement Required) Restricted Dellvery Fee p (Endorsement Requtred) rq r_q Total Postage & Fees co o O 3`rreeE a€pr. /� r­ or PO Box No. i, 7 ■ Complete Items 1, 2, and.3. Also comp€ete•- -;, Item 4 if'Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the ma€iplece, or on the front if space permits. 1. Article Addressed to: Mr. Zee Lamb, Bertie Co. Manag P.O. Box 530 Windsor, NC 27983 k i �Cgant ❑ Addressee eceived by (P tad Name) C. Date of Dellvery rn ; qt-t, I?��`�,, hs 1 0 g_ 031() D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. service Type 10 Certified Mall ❑ Express Mall. ❑ Registered ❑ -Return Receipt f6r;f Merchandise ❑ Insured Mall ❑ C.OM.- 4. Restricted Delivery? (Fxtre Fee). 2. ArticleNf (r►ansfer 7008 11401 +ObOO 3860 6279' ' PS Form 3811, February 2004 Domestic Retum Receipt _ 102595-02•M-1840';- i ------^y,T•.--vP......�y..�y,�..�,..-...,�.--..,._-....--�--�--.+;r..,..�..�-+;�;-'.;:l.i����"i�i'l:`1L";,;Ys.d".�'.. ... ._-------_-. MINING CHECKLIST FOR ROUTING A decants Nalne: L J) NamC: do 1 r r Ayylk.IPMdt No.: Q a awtR : Date Reutved: 3 Re* wet: mw Baste Name: ❑ New ❑ "Wal ❑ MOdfytCaM (tllddeyerma 6undarteS) (Oilf ik permit 6flndartes) ❑ TFar ❑ C) ❑ Partial R&W ❑ AMUoxd Iorntat O ❑ Fee NUAL' $ Fee R=tvcd: $ 1 P e rah e►ft a phuffm gadage to: v C�t t C"If t wyfrs; &ah du "1,Q5 n&IOP W Offla Ml" A)ThMUM Review Cht&k- to one coyy and a ch bath a Dw De1q- Aghaxax RevMM FMr to tlu Aff eO17'% send both copies to the Rom w Date: ROW � � � � r 1-tRec'd Dfvtsiaii of Wafer RrsouTcrs Date: ROufed � RCC'd NC wtj * Resaurca CMnLWO Daft: Routed Reed `f ] US FUh & WOft Servtu Date: Reefed Reed (only new ajpT<caUm and madtfteom reps& that add laid to &yerndt) Please rate fint 3 Mes I the ffbmum ad ff 1orAlm w to: Dtvt m o Parks & Reereattmt Date: Routed I t- Read NC ceolagW Survey SecUm Date: Raw Itu'd DfA too of Maft Fisheries Date: ROW Reed DMdM of Sod & water Camservattm (plus LEA) Date: Rautrd Read (only new Thcawns and madiftwfon meets that add land to tlu permit) ❑ DtVtS O o AFchtves & WStOry Date: Routed Reed (only new ayylteattons) ❑ other: -- Date: Routed Rec'd w*SlLYCW Dttfe fir CoMentl a i (w later than 25 days from reae t) ❑ Please Hate the fib": 117, a sQ3 in, 1-4 im ALIO 'l �/Y�(�f� d "►Vl /1 rf'1 � A� `ice' AMID NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James'D, Simons, P.G., RE, Director and State Geologist August 31, 2010 MEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris ZZON Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for EWM, LLC Bent River Bertie County Beverly Eaves Perdue, Governor Dee Freeman, 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 September 24, 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 Your continued cooperation is greatly appreciated, Please contact Ms. Judy Wehner (919) 733- 4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 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 August 31, 2010 MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for EWM, LLC Bent River Bertie 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 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 September 24, 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. Judy Wehner (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 9919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 WCDENR North Carolina Department of Environment and Natural Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist August 31, 2010 MEMORANDUM TO: Mr. Peter M. Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for EWM, LLC Bent River Bertie County Resources Beverly Eaves Perdue, Governor Dee Freeman, 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 September 24, 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. 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 (919) 733- 4574 if you have any questions. Ibmh cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 I=� 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 August 31, 2010 MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks and Recreation FROM: Brenda M. Harris Mining Program Se-LTMry Land Quality Section SUBJECT: Mining Permit Modification for EWM, LLC Bent River Bertie County Beverly Eaves Perdue, Governor Dee Freeman, 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 September 24, 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 publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner (919) 733- 4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 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 August 31, 2010 MEMORANDUM TO: Ms. Natalie Woolard Application Review Coordinator Division of Soil and Water Conservation FROM: Brenda M. Harris Mining Program SeCre ary Land Quality Section SUBJECT: Mining Permit Modification for EWM, LLC Bent River Bertie County Beverly Eaves Perdue, Governor Dee Freeman, 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 September 24, 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. PLEASE Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner (919) 733-4574 if you have any questions. /bmh cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • ��A • NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P,G., P.E. Director and State Geologist August 31, 2010 MEMORANDUM TO: Ms. Renee Gledhill -Earley Application Review Coordinator Archives & History FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification McDonald Minerals Inc. McDonald Minerals Phase 1 Cumberland County Beverly Eaves Perdue, Governor Dee Freeman, Secretary Please find attached for your review a copy of the mining permit modification request for the above referenced project., Please find attached for your review a copy of the mining permit application request for the above referenced project. 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 (919) 733-4574 if you have any questions. /bmh Attachments . cc: Mr. Steve Cook 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919.733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 WDENR North Carolina Department of Environment and Natural Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist August 31, 2010 MEMORANDUM TO: Ms. Anne Deaton Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for EWM, LLC Bent River Bertie County Resources Beverly Eaves Perdue, Governor Dee Freeman, 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 September 24, 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 Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner (919) 733- 4574 if you have any questions. /bmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • `1CZS 'Air.e 7emilt Ap-"llcat:cn Review C`ec:<:3neec 4oCik=CW .0 (q �i '-.:.5 Camolasa Ala 7+etlon .tthc� �sQ� �:. of !tln�r 7.n+s�t .:ac�rese:an !aLne ,vasrsr l tears Cue (.CS a ?xmrt - yc New - -renewal l ' . rcarri�won .r2r._:er N=3 CamOlen!"lie ' an :-Z.1, rct: y i '•'adOCtrttli�l 4aureoua =.'ut+N •'�rnersts [ 3uesberca �,,•• - T 3t SCe�sg7 [ -=''4 �CarCaC7 3icCe ��erllty Sd5 l�+CtOq:C 3,wsr..re �a-.a1a `Aap i:nit I I 1 �yCr�eC�6�+j --mor i 3eorcvc!AaC `! ,;rxt l+�;neru �esourcaa =�ccC ?'ern Cec�-.w r.:mmern vote: "�!e -aar `r=ntW adalemacn vAtm i .0:• =wc-- cf Lx ortca in °0 •Mars. ?ties msco "a us is Srm CaCtCcx 3=21 C:.. =a xrrci s .:ay'oary. jaw= • vadww Sdsmrc-,!=3ra Vra ac3 Co=mart.,en.9sa. U.S.:;,mcgcajSurveyCaen a?t:trSe a: ShC,7::slCmaaa.9'.G.:Srsy rsersPa�.'t7Sra7C.ntmli. ?�-CNo :GCQ ReNtwer. i CamcrCatet ��' .?ewewtfC C,;,rtspaQate2 VC,S5:t]na�wiw+ClaeftaflaatAmbaea 7- !Rev.2 :!raioo C1 E. W. M., LLC CO E. W. MATTHEWS P O BOX 369 PH 434-636-6363 BRACEY,VA 23919 PAY G TO THE ORDER OF yf CC Carter Bank & Trust Smlh HMI, VA 23970 • K FOR 6291 6"931514 DATEd:?114*pt3lQ o� T $ NP I 1 1 077- 16'10.00" W, I 1 1 077- 160.00" W. _ I 1 1 077* 14'J0.00" W z Ile 4. dw. z 0 ZD 0 8uziard Point Buzzard Po i n-t. N Z z 6 '0 C> -U CO .7 008-22 M er, �Ak,\ jT 16 z ti z 6 ZD CD \ NNII, .0o N 077- 16-10,00" W 077* 1610. 00" W F t 077' 14'10.00" w I Name: PALMYRA Location: 036' 0544.7" N 077* 15'17.9" W Date: 8/3 1 i201 0 Scale: 1 inch equals 2000 feet 1997, Maptech, Inc. E.W.M., LLC P. O. Box 369 Bracey, Virginia 23919 Telephone 434-636-6363 Fax 434-636-5644 hmopc@buggs.net August 31, 2010 RECEMD Judith A. Wehner AUG R 1 701P State Mining Specialist NC Dept. Of Environment & Natural Resourcesim n ' ''� �' -r�` Division of Land ReservesL �' Land Quality Section 512 N. Salisbury St., 5th Floor Raleigh, NC 27604 Re: EWM, LLC Mining Permit #08-22 Dear Ms. Wehner: I enclose six copies of my application (with Exhibits attached) to modify the captioned permit issued by your agency June 7, 2007. We seek to increase the permitted acreage from 35.18 to a new total of 229.98 acres. The property is on Weeping Mary Road (NC SR 1128) in Bertie County. My check payable to the order of the State of North Carolina in the amount of $1,000.00 is enclosed to cover the application fee. Should you require additional information or have questions, please phone me collect at 434-636- 6363 or send a memo by fax at 434-636-5644 or Email at hmopc@buggs.net. J E. Warren Matthews EWMIIw Enclosures NORTH CAROLINA MINING PERMIT APPLICATION RECE V ,D— Mr. 31 7mr 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: January 30, 2008 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine_ Bent River A) County Bertie River Basin Roanoke Latitude (decimal degrees to four places) 36-05-43+ Longitude (decimal degrees to four places) 77-15-16+ _ 2. Name of Applicant*_ E.W.M. LLC _ a North Carolina Limited Liability Company 3. Permanent address for receipt of official mail** PO Box 369, Bracey, Mecklenburg. County, Virginia 239.1_9(97.18 Highway 903, Bracey, Virginia 23919) _ Telephone (434) 636-6363 _ Alternate No..( ) 4. Mine Office Address 922-B WeepingLMary Road — PO Box 57, Lewiston, NC 27849 Telephone (252) 209-7114 5. Mine Manager C. Patrick Warmack (252) 209-7114 We hereby certify that all details contained in this Permit Application arc true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts wie cause for permit revocation. r,% �J Date Piiin o4aijiu L. Title Sole Member/Manager * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (securiw 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. NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): X 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.: 08-22 Total permitted acreage: 229.98(including existing 35.17 acres) Does the modification involve acreage within the previously approved permitted boundary? Yes _i 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): 194.81 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: 194.81 . (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 N 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): 194.81 ❑ 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/gravel/topsoiI 3. Mining method: 8 Hydraulic Dredge H Front-end Loader & Truck ❑ Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain): Hydraulic excavator & truck 4. a. Expected maximum depth of mine (feet) 25' Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) depth of excavation relative to natural surface ground level and top of marine clay bed b. Expected average depth of mine (feet) _._20' -2- • 5. Has any area(s) at this site been mined in the past? Yes N� No ❑ If yes, when and by whom was this activity conducted? 2007 to current -- E. W.M. LLC 6. Number of years for which the permit is requested (l 0 years maximum): 10 years _ B. MAPS 1. Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5`h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 www.iaeoloL-v.cnr.state.nc.us/ County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 www.ncdot.org/it/ois_Contact/default.htmi 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 ]eased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. -3- 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, creels, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres 1 inch = 100 feet 200+ Acres i inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- 0 0 A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Included.in Mine Excavation Stockpiles Included in Processing Area Wastepiles — Berm/Buffer 16.24 Processing Area/Haul Roads 5.43+1.36+0.58 = 7.37 Mine Excavation 195.27 Other (Explain) Landscape Buffer 11.10 Total Disturbed Acreage 229.98 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 0 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. See Exhibit (B) Attached — next page 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. Please refer to C-1 above. The high point of the Mine Site is 31 feet above sea level and it slopes gradually through sandy soil to the Green Tree/Timber area as shown. Silt screen fences will be installed and utilized to contain surface water to the extent necessary to prevent erosion and sedimentation into and along the natural water course to the maximum extent reasonably possible. All surface water within the disturbed areas and water generated from the mining operation will be diverted to the settlement pond and recycled internally in conjunction with the screening operation. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ,-V 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 N. 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). -6- • APPLICATION FOR MINING PERMIT BENT RIVER (A) BERTIE COUNTY E.W.M., LLC, APPLICANT EXHIBIT B PROTECTION OF NATURAL RESOURCES The acreage sought to be permitted (229.98 acres, of which 35.17) was approved in the initial application and is covered by mining permit number 08-22, "The Permitted Area" see attached Exhibit A. The site Iies within 1000 feet of the adjoining landowner, namely, John M. Griffin, LLC (tax parcel # 2179 & 2330) lined south and west of the subject property and Thomas M. Urquhart, Sr. and Emily U. Ayscue (tax parcel # 6327) lying east of the subject property. The subject property is bounded on the north by the Roanoke River directly across from Buzzard Point Wildlife Preserve owned by the State of North Carolina, which is more than 1000 feet from the subject property. No additional land lies within 1000 feet of the subject property. All of the landowners who's property lies within 1000 feet of the subject property were duly notified in connection with the initial application for the original mining permit. No wetlands, green land or timber land is involved. No limestone or other "hard rock" deposits are involved. The area is well drained to existing water courses. We have established and maintained a buffer not less than 50 feet wide adjoining and contiguous to existing forested areas Iying to the south, west, and north of the Permitted Area. A similar buffer not less than 50 feet wide will be established and maintained along the east boundary of the Permitted Area from the river and continuing across Weeping Mary Road to the common corner with Urquhart, Griffin and the Permitted Area. Within the Permitted Area we intend to maintain (a) An Office/Scales (b) Storage area for machinery and equipment (c) Access to and from the mine site (d) The Mine Site (e) Sediment pond to which water produced in the mining operation will be diverted, thereafter, to be re- circulated in and used as a part of the screening operation (f) The sand and gravel screening plant The approximate location of each of the foregoing activities is shown. The actual location was determined on site by practical considerations of topography, drainage, accessibility, and experience. We intend to maintain the existing access road from NCSR 1128 (Weeping Mary Road) to the permitted area within a 50 foot right of way. A buffer or barrier will be maintained along each side of the road. A silt screened fence will be installed and maintained around the actual Mine Site and any other disturbed area so as to prevent runoff and sedimentation onto the adjoining parcels. Water from the mining operation will be diverted into the sedimentation pond constructed in the Mine Site and thereafter, re -circulated as part of the screening operation. -7- 0 • 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: NIA . Locate all existing wells on the mine maps) 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. All water used on site in washing material will be rerouted to the sediment pond, re -circulated, and recycled in the sand screening process. There are no wells within 500 feet of the proposed excavation area. We will install one well for potable water to serve the office. None of the water derived from that well will be used otherwise in the mining operation. Public water is not available. We do not propose to install any wells, the water from which would be used in the screening or mining operations. 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. Refer to answers to Question 3 (a) and (c) above 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No M. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? Water sprinklers will be installed or water haul trucks will be used as needed. -8- 0 • a. A buffer will be required between any mining activity and any mining permit boundary or fight -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). Between the delineated mine site Activity Area and the Permitted Area a 6 foot woven wire fence topped with an additional 2 strands of barbed or steel wire will be installed. A 50 foot buffer from the Permitted Area and Timber/Green Tree Area will be established and uses as wildlife food plots, natural areas, and conservation casements. 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 j usti fled. 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). There are no natural water courses or wetlands within the Permitted Area. Nonetheless, we are establishing a 20 foot buffer parallel, contiguous to, and on the inside of the fence in the Mining Area around the Actual Mine Site. An additional 30 foot buffer will be installed and maintained within which the overburden will be extracted from the Mine Site will be deposited and maintained. The material located within the 30 foot buffer will be seeded with grasses indigenous to the area in accordance with the recommendation of the MRCS. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 verticaI 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. Pond slope sided will be constructed 2/1 during mining operations. Thereafter, at the time of reclamation, the slope will be increased to 5/1— see answers to Questions 6 (a) (b) (c) 7, and Exhibit 1-3 — previously submitted in original application dated February 22, 2007 -9- 0 • b. Provide a cross-section on the mine maps) for all fill slopes (berms, wastepiles, overburden disposal areas, etc), clearly indicating the intended sideslopegradient, installation ofany benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. Please refer to Exhibits 1, 2, and 3 — Question 6, Pages 8 and 9 — previously submitted in original application dated February 22, 2007. 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). Please refer to Exhibits 1, 2, and 3 — Question 6,pages 8 & 9 — previously submitted in original application dated February 22, 2007. 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. Not Applicable 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. The nearest existing structure to the Permitted Area is located on the Roanoke River as shown on the attached plats. The structure is an unimproved cabin last used by sportsmen and is otherwise uninhabited. There are no other structures of any description within 300 feet of the Permitted Area. The Actual Mine Site will be fenced in the manner and in the area mentioned in C(1) above. 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). Please refer to Questions S, 6, and 7 above. -10- 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 screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location ofall visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species far tree plantings. The Permitted Area is surrounded entirely by lands owned by the Applicant. The Permitted Area will be buffered as previously described. Also please refer to the attached Exhibit A b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? No. There are no publicly owned parks, forests, or recreation areas within 1000 feet of the Permitted Area. 11, Will explosives be used? Yes ❑ No M If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes M No ❑. Ifyes, describe these materials, how they will be stored and method ofcontainment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). Diesel fuel will be transported as needed with one transportable trailer type fuel tank. There will be no other permanent storage of fuel on the mining site. One steel 8'x20' storage container for tools, grease, oil and spare parts will be located on site. One padlocked access door will constitute the only access to the storage unit. -il- 0 • D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. See Exhibit A attached 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes N No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum 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. Large mouth bass, sunfish, crappie, and other species natural to the Roanoke River Basin. (See Exhibits Attached). The water will exceed four feet. 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. The entire deposit in the Permitted Area consists of sand and gravel. No limestone or other rock exist from the surface to the depth of 25 feet as confirmed by geological borings. There are no "high rock" areas. The resulting lakes will be landscaped and the slopes graded to a minimum 511 slope and grassed to assure stability and incorporated into the existing waterfowl/impoundment/wildlife habitat area. -12- 1-1 0 Reclamation Plan The Permitted Area is located on the 397 acre tract of land owned by the applicant. The objective is to incorporate the commercial mining operation into a planned wildlife and waterfowl impoundment program. The project with technical assistance of the NCRS and the U.S. Fish and Wildlife Service has as its goal the promotion of the existing ecosystem. All waterfowl impoundment outside the Permitted Area will be constructed with existing land contours, topography, and available water resources. The reclamation process will focus on the establishment of ponds and adjoining shoreline area for fish, waterfowl, and wildlife. The final buffers will be established as natural food plots, forest lands, etc. All pond shore line will be reclaimed to a 5/1 slope for wildlife accessibility, safety, and ease of maintenance. Access overburdens from the Mine Area will be used for berm construction. The final buffered areas will be planted to natural species based upon recommendations from the NRCS, the U.S. Fish and Wildlife Service, and other governmental agencies as the areas become available for reclamation. All haul roads and processing areas will be reclaimed, graded, stabilized, and incorporated into the surrounding topography for maximum wildlife habitat benefit and minimal sedimentation and erosion. -13- • 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 far such areas must be provided on the reclamation map. See attached exhibits 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. In the final reclamation all facilities, stockpiles, and traces of operation will be reclaimed and incorporated back into the wildlife and waterfowl projects. The objective of the mining operation is to compliment and enhance the Roanoke River ecosystem. b. Will any on -site roadways be left as part of the reclamation? Yes ❑ No 0. 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 enerated waste shall be disposed of on the mine site without Arior 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. There will be no storage of on -site or off -site generated waste. Waste products will be disposed of at the East Carolina Environmental Regional Landfill, Windsor, North Carolina, approximately 12 miles from the Mine Site. Repair parts will be housed in the on -site storage facility in the work processing area within the Permitted Area as shown on the attached Exhibits. No junk will be allowed to accumulate or be maintained on site. -14- 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre). 2 tons/acre FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 1000 lbs. 10-10-10 or 8-8-8 SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre); [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: Bahia Grass March 151h & July 15'h 100/lbs — acre Fescue Sept — Dec and March — May 100/lbs — acre Brown Top Millet can be seeded as a nurse crop from July 15th — August 15`h and then seeded with permanent vegetation in the fall. MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: 75% Ground Cover 63 bales/acre OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): **NOTE: Please refer to original reclamation approval dated February 26, 2007 with original submittal.** Revegetation and/or reforestation plan approved by: Signature Print Name Title Agency Date -15- • E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life ofthe mining permit. Please insert the approximate acreage, for each insert the appmriate reclamation: cost/acre far each caLqgory from the Schedule o Reclamation Costs provided with this application form) OR you can defer to the Department to calculate vour bond for you based AFFECTED CATEGORY ACREAGE Tailings/Sediment Ponds: Ac. (included in Mine Area) Stockpiles: (Included in Porcesing Area) Ac. Wastepiles: 16.24 Ac. Processing Area/Haul Roads: 7.37 Ac. Mine Excavation: 195.27 Ac, Other: Landscape Buffer 11.10 Ac. TOTAL AFFECTED AC.: 22 Ac. (TOTAL PERMITTED AC.: 229.98 Ac.) R. X X X X X f � • RECLAMATION COST/ACRE* $ 500 /Ac. _ $ 1800 /Ac $ 2000 /Ac. $ 1800 /Ac. $ 500 /Ac. $ 0 /Ac. RECLAMATION COST $0 $0 $ 32,480.00 — $ 13,266.00 / _ $ 97,635.00 ✓ = cn Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 229.98 Ac. b) Positive Drainage 0 Ac. X $1,500.00 = $ 0 Inflation Factor: SUBTOTAL COST: $ 143,381.00 ✓ "- 0.02 X SUBTOTAL COST: $ 2867.62 X Permit Life (1 to 10 years): 10 INFLATION COST: $ 28,676.20 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 172 057.20 Total Reclamation Bond Cost: $ 172 000.00 (round down to the nearest $100.00) 6 - �G1.oC o-- C)vn kd ib 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" -17- E 0 NOTICE Pursuant to provisions G.S. 74-50(b 1) of The Mining Act of 1971, Notice is hereby given that E.W.M. LLC a North Caroline limited liability company 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, N a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine sand —gravel and topsoil on acres located 6.5 (Mineral, Ore) (Number) (Miles) SouthWest of Lewiston/Woodville off/near road NCSR 1128 (Direction) . (Nearest Town) (Number/Name) in Bertie County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a pen -nit, 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 : specifics of the proposed minine activity, please contact the applicant at the followine telephone num please contact gram staff -at Bertie County Manager — Zee Lamb (Addressee/Ow e-r of Record's Name and Ad r ss (Date of F uaXce of this Notice/ Mailed t Addressee/Owner of Record) 19) 733-4574. on the mining permit application review process, E.W.M, LLC (434) 636-6363 C. Patrick Warmack (252) 209-71.14 (Name of Applicant: Include Contact Person & Company Name, if Applicable) 9718 Highway 903 PO Box_369 Bracey, VA 239.19 (Address of Applicant) -18- 0 • G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56, We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: E.W.M., LLC E.W.M., LLC Signature: Signature:* Print Name: E. Warren Matthews, Sole Member/Manager Print Name: E. Warren Matthews (Title, if applicable) Company E.W.M. LLC Title: Sole Member/Manager (If applicable) Address: PO Box 369 Company: E.W.M LLC 9718 Highway 903 Bracey, VA 23919 Mine Name: Bent River A Telephone: (434)_636-6363 (office) Telephone: ( Date Signed: Date Signed: *Signature must be the same as the individual who signed Page 1 of this application. One original and five (5) copies of the completed application, six (6) conies of all location maps, mine macs and reclamation maps, and the appropriate processing fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. T Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. -20- o � Q m 5 cD cc 6 CD CD c rn p J.F s m 3 N oil � CD ET 0 8 'R m 0 0 -It PROPERTY MANAGEMENT MAP Berle County, Na tip Carolina Map per 1998 Aerial by SB, February 2007 1 inch equals 200 feet GFER Forestry Consultarft, PLLC HAUL nF '62 M r--)(C FN V A L DTein�er.. ......... 79 Ac rA C 9, 34 13C R t1t Af� tier ,4 E -/, c F� -,i A —i Z 0 "'PON ) (-rAIL IN G7'>) A C' t E, A V'on 41 AC alu 4o nR Land 2.23 Ac K P 23.ISAc FormLand SL23Ac us Az L." ju s T. A Rz 'A -ro At L Ce I fret_, -'.4 -��l W PN -r CREP Processing/Storagel Office Use &01 Ac AC 17 Duck Impounoment 13J4Ac iliac itz C T. . wwil� 10 15 Ac SAc [-igg Ac 3Ar —111ME1111110 MR Duckinipound"al 7.07 At R R R R 3.21 Ac 3.14At &119Ac 3.91 Ac Ac -7 zcz x Legend — Roads — Fences Hinting Stand Lots Processhgloffice Use Affifting Excavation 20'Lar4scape Buffer 30'Buffer 50'RmW Suffer DOT Culvert moike CREP Drain Field Duck hipoundnient Farm Land Food Plot G r e a n Tree W98flon Pond Quail Habitat Reserved Lots Cordrof Point WCenter Point 51ft Wun This Map is not a survey and has not been rewiewed by a local govern ment agency far compliance wah any applicable land development regulations. yd) El a] 8 I 7 I 6 I 5 1 4 I 3 2 I 1 D ■ ZONE I REV REVISIONS DESCRIPTION LFGEND FAISTING BUFF R RF;MOVED 20 TfT LANDSCAPE', BUITF:R 30 1;T BERM/fl[jFF[`R I JAtJI, ROAD [! MINING EXCAVATION ARIA DATE I APPROVED AFFECTED ACREAGE PROCESSING ARF.AOHA[Il_ ROADS 5.43 + 1.36 + 0.58 - 7.37 BE RM;" UIT-l;R 5.00 +- 3.23 -+- 3.26 + 4.75 = 16.24 LANDSCAPE I3[1[,'FER 3.42 + 2.21 + 2.21 + 3.26 --- 1 1.10 MINE EXCAVATION CURRENT PERMITTED ARIA "A" 25.07 AC PROPOSI'D EXPANDED ARFA "A" 67.39 AC PROPOSIAD AREA "B" 66.03 AC PROPOSED AREA "C" 36.78 AC MINE I-ACAVATJON .I_OTAI, 195.27 AFFFC` FD ACREAGE ]"OTAL 229.98 AC PREPARED BY: 1'. DAVIDSON DA"11.'m: ' 19/2010 13 E.W.M., LLC .BENT RIVER A; BERTIE COUNTY MINE MAP EXHIBIT "A" SIZE FSCMI NO. DWG NO. SCALE I I= �����I SHEET REV ■ C I n C� 8 5 D 8 I 7 I 6 I 5 14 I 3 2 I 1 11 c n —YE I R I LEGEND VESCRIPTON REVISIONS CAiE f APPROVED ® EXISTING BUFFER REMOVED 0 20 FT UNDISTISTURBED LANDSCAPE BUFFER 30 FT BERM/BUFFER RM HAUL ROAD MINING EXCAVATION AREA .PROPERTY LINE PERMIT LINE OVERHEAD UTILITY LINE WELLS AFFECTED ACREAGE PROCESSING AREA/HAUL ROADS 5.43 + 1.36 + 0.58 = 7.37 BERM/BUFFER 5.00 + 3.23 +- 3.26 + 4.75 = 16.24 LANDSCAPE BUFFER 3.42 + 2.21 + 2.21 + 3.2 MINE EXCAVATION CURRENT PERMITTED AREA "A" 25.07 AC PROPOSED EXPANDED AREA "A" 67.39 AC PROPOSED AREA "B" 66.03 AC PROPOSED AREA "C" 36.78 AC MINE EXCAVATION TOTAL 195.27 AFFECTED ACREAGE TOTAL 229.98 AC APPLICANT: E.W.M., LLC P.O. BOX 369 BRACEY, VA 23139 E.W.M., LLC BENT RIVER A; BERTIE COU: MINE MAP EXHIBIT "A" REVISED 9/30/10 SIZE FSCM NO. DWG No. PREPARED BY; P. DAVIDSON DATE: 8/19/2010 SCALE 1 "-300' SHEET c 5 4 c7 2 1 Y REV 191 i June 7, 2007 MEMORANDUM TO: Fife FROM: Brenda M. Harris, Secretary SUBJECT: Notice of Issuance of Mining Permit A copy of the attached "Notice of Issuance of Mining Permit" was sent to all people listed in the Affidavit of Notification and any additional people who sent in letters. If a public hearing was held, a copy of the "Notice of Issuance of Mining Permit" was sent to all people who signed the sign in sheet at the public hearing. My initials, written in red, will be beside the names of the people in the file who were sent this "Notice". Cc: Mr. Pat McClain Amr W-,VA 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 7, 2007 Mr. E. Warren Matthews EWM, LLC PO Box 369 Bracey, Virginia 23919 Re: Bent River (A) Mine Bertie County Roanoke River Basin Dear Mr. Matthews: 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. 08-22 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 June 7, 2017. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 35.18 acres and the amount of land you are approved to disturb is 32,76 acres. Please review the permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 7334574 of any objection or questions concerning the terms of the permit. Sincerely, loy . Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWIjw Enclosures: Permit No. 08-22 Notice of Issuance cc: Mr, Pat McClain, PE Ms. Shannon Deaton -WRC, wlpermit Mr. Bradley Bennett-DWQ, wlpermit Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, wl permit 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer -- 50% Recycled 110% Post Consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: EWM, LLC Bent River (A) Mine Bertie County - Permit No. 08-22 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: June 7 2017 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until June 7, 2017. 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. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer as indicated on the mine map received by the Land Quality Section on April 20, 2007, shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4, A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation or into the approved sediment pond. C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the mine map received by the Land Quality Section on April 20, 2007 and the supplemental information received by the Land Quality Section on February 23, 2007 and April 20, 2007. 5. All permit boundaries (35.18 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 50 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, Page 5 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $33,800.00 Irrevocable Standby Letter of Credit, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided BY G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Reveaetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime - 2000 Ibslacre or follow recommendations from a soil test. Fertilizer - 1000 Ibslacre 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. Page 8 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the perrnittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this 7tn day of June, 2007. James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by EWM LLC to conduct mining activities off SR1128 (Weeping Mary Road) in Bertie County. The mining permit (no. 08-22) was issued on June 7, 2007. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 15OB-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within sixty (60) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.G. General Statutes 15013-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. This notice was mailed on w Tameg D. Simons Director Division of Land Resources North Carolina Department of Environment and Natural Resources Brenda Harris Mining Program Secretary North Carolina Deparbuent of Environment and Natural Resow* Division of Land Resources, Land Quaft Section MM RWECTION (PERM TrrED MOE) 2. NENING PERM # 1. NMqE NAME 3. OPERATOR -i4/1 N. filf:'JIM/M�" 4. COUNTY i!. 5. ADDRESS 6. PERMIT ExpimnoN GATE or= 7. RIVER BASIN 8. Person(s) contacted at site 9. Was mine operating at time of inspection? U'Yes 13 No 10. Pictures? 11 Yes Z No 11. Date lag inspected: 12. Any mining since last inspection? a Yes 0 No 13. Is the mine in compliance with the Operating Conditions of the Permit? 0 Yes O'No If no, explain: 1— A, 6- 7,, 777- 7' 14. Is the mine in compliance with the on Conditions of the Permit? U-1tes 0 No If no, explain: 15. Did any of the above deficiencies result in offshe damage? 13 Yes ZT No If yes, desm-be the type and severity of the damage: 16. Corrective measures needed and/or Won: iE J i JL- 1 1 rj q 17. Other recommendations and comments: J., 18. Is the Annual Reclamation Report +/-map accurate? 0 Yes 0 No (Explain) J3of Reviewed 19. Follow-up inspection needed? 0'Yiw 13 No Proposed date 772-7177 20. No. of additional pages of Inspection Report_. 21. Copy of Report sent to operator ­LL_' (date) INSPECTED BY: DATE- /J,,` Telephone No: C';, White copy to file MOW copy to operwor Pink copy to Mmmg S pecudw 10197 7 North, Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT --- (PERMITTED MINE) 1. MINE NAME � - \ sA �� ; � � ``� , is 2. MINING PERMIT # � m 3. OPERATOR f t UL 4. COUNTY 5. ADDRESS fi - _X �0 6. PERMIT EXPIRATION DATE (,�- 1 7 i i 1 7. 8. Person(s) contacted at site ` , \ : BASIN z :._.'... 9. Was mine operating at time of inspection? ❑ Yes 0 No 10. Pictures? 11. Date last inspected: ? �- / / 12. Any mining since last inspection? 13. Is the mine in compliance with the Operating Conditions of the Permit? ®.-Yes If no, explain: ❑ Yes 0 No 13 Yes ❑ No ❑ No 14. Is the mine in compliance with the Reclamation Conditions of the Permit? 25 Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes n- No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: .t .. - A 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? 1 Yes ❑ No Proposed date 20. No. of additional pages of Inspection Report 21. Copy of Report sent --to operator'/ i (date) INSPECTED BY: �: �� .� , �r DATE '7 I 1 Telephone No: ; White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 17 /6 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section IT, ERNUTTED MINE) 1. NHNE NAME i LT. " � ; 2. MINING PERMIT# 3. OPERATOR, j4t-,4. COUNTY .0 J V61 ,Z:3 1h 5. ADDRESS 11 � f C 1, j rj I' V 6. PERMIT EXPIRATION DATE "7�- / 7. RIVER BASIN V-- � 8. Person(s) contacted at site 11r. P"t A/,J?,f I.." 9. Was mine operating at time of' ection? TerYes 0 No 10. Pictures? 0 Yes Q`Ro 11. Date last inspected: — Z / 2- 217T. 12. Any mining since last inspection? 'Ll-'Yes 0 No 13. Is the mine in compliance with the Operating Conditions of the Permit? ErYes El No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? D'Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? 0 Yes No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken:#- 17. Other recommendations and cornments: 18. Is the Annual Reclamation Report +/-map accurate? E3 Yes 13 N (Explain) .0of Reviewed j- 19, Follow-up inspection needed? Yes 0 No Proposed date X, 20. No. of additional pages of Inspection Report_. 21. Copy of Report sent t�,operator Ur. -- (date) INSPECTED BY: DATE j'/ Telephone No: White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 RECEIVED LAND QUALITY MINING PROGRAM MINING CHFCKLI5T FOR ROUTING Applicant's Name: ` ' 1 Project Name ApplicJPermit No.: - '--County: Date Received:;;,_`; Reviewer' ��-�� _ River Basin Name:; 0 New ❑ Renewal 0 Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) O Transfer 0 Release ❑ Partial Release i Aelditional Information 0 Fee Needed: $ ❑ Fee Received: $ ' 1 F Regional Office (2 complete copies; attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach hath the DWQ and DAQ "Mining Application Review Form" to the other copy; send f7oth.copies to the Regional Gnglneer) Date: Routed —=�=i Reed ❑ Division of Water Resources Date: Routed Reed ❑ NC Wildlife Resources Commission Date: Routed Reed ❑ U5 Fish & Wildlife Service Date: Routed Reed (Only new applications and modfrcation requests that add land to the permit) 0 Division of Parks & Recreation Date: routed Reed 0 NC Geological Survey 5ect1on Date: Routed Reed . (Only new applications and modification requests that add land to the permit) 0 Division of Archives & History Date: Routed Reed (Only new applications) ❑ Other. Date: Routed I Reed **5u5pense Date for Comments: - 'µj (no later than 25 days from receipt) 0 Please note the following: 1 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section 1. MINE NAME 3.OPERA] 3 t) 5. ADDRESS 6. PERMIT EXPIRATION I MINE) 2. MINING PERMIT # 4. COUNTY t RIVER BASIN •2 �_ 0(�tk -'.- 8. Person(s) contacted at site "tv . ° giu Y 9. Was mine operating at time. f inspection? C-. Yes No 10. Pictures? 11. Date last inspected: / 1// 12. Any mining. since last inspection? 13. Is the mine in compliance with the Operating Conditions of the Permit? J Yes If no. explain: ❑ Yes ,�No ❑ Yes �� ❑ No 14. Is the mine in compliance with the Reclamation Conditions of the Permit? Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes A No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other rec mmendation. s and comments: :: f I VT(- - � 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) Zf Not Reviewed 19. Follow-up inspection needed? ❑ Yes o Proposed date 20. No. of additional pages of inspection Report 21. Copy of Report sent to operator `° , (date) INSPECTED BY: `"� = ��, U t DATE O /0. Telephone No: ( i White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 PROPERTY MANAGEMENT MAP Bertie County, North Carolina Map per 1998 Aerial by SB, April 2007 1 inch equals 100 feet GFER Forestry Consultants, PLLC (919)841-0089 tiv - ^. 4 i x b' , " , r : - C I, _. '., •, _ - 'r- "i ", a _.:�.-. .: .:_-:. 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Tom. -• l T , q � } ,I i I SedimentPond .5 aC - i.. , , a andsca e Buffer 2.42 ac - �' _" ...... ......> _ ... ,>...._ i « kR, 0 cad Buffer, � .3� aC south of site � Y - rP- v _ 1 - Z. 5 R 1 •.: - i Y _ 1. _ Y' _ _ _ .. , •• DST Culvert +S { J� ) r 4', , } - r _ T ..........::: _ l Y..0 P fir,, - , - ""`J },• • •',/ '7' - Dike 11 2.56 Ac .. ... ......... .. .......... : �' bar L• _...t,�.y�' i Duck Impoundment . 7.G7 Ac 11 R 3.89 Ac 1Q� 3,91 t".c ?O 3 Ac CLse�Tt] v.--- R 3.91 Ac 9 I , , - ., •. e iA Dram F I d ;: i. :.. .= , Duck Impoundment r • " -t :. . . - i P Farm Land 4 (� �• Gr 1 w _ '`0 • r • Y r r r ' /•' Food Plot fix"^ r,• a J _ 5 f 1 %. - -t is Green Tree �, - _ ��< _ y _ , ,� i�rui, �i� d ti b k-: - - - f r t ; 0 _ _ - • : T 1 n v : 4 _ NIrri ton Pe d _ = R frriFer 1 16 At !: , Quail Habitat + ,. 1 ,_ v_ - a i OWiu2,, J, : 1:Ti be 1 iks. ti -"�, 1 Point Contra Po " m of e• hras'h- been: _. _.._. .. ,......-,_�€.... .... ...... .. ._. -....,E ..". slr, .. --- -,�:;. __ �°•"-.,,... ,i;.. .-_ _ >....._ _. ,.€'. :- �raviewed b� a local go vemtn t a enc ' Center Point for com compliance an a IicableJand , 1 , p Y development regulations. �', North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Michael F. (rile.', Governor Lisbedt C. Evans, Seeretary Jeffrey J. Grow, Depurs Secrerary April 7, 2008 M3MORANDUM TO: Brenda M. Harris, Mining Program Secretary NCDENR - Division of Land Resources Land QuaLity Section Office of Archives mid Hismry Division of Historical Rcsmirco [)El'id Brook, Director FROM: Peter Sandbeck SUBJECT: Site Inspection, Mining Permit Application for Bent River ](tine, Bertie County, ER 07-0496 Staff members from the Office of State Archaeology conducted site inspections at the Bent River Mine on J tine 27, 2007 and again on March 12, 2008. Based on the results of these inspections we offer the following comments. The proposed mine is located on a terrace overlooking the Roanoke River. Two archaeological sites are recorded within the boundaries of the mine. Both of these sites are primarily prehistoric in origin with subsequent historic components. Based on our assessment both of these sites are ineligible for inclusion on the National Register of Historic Places (NRHP). In addition, a historic levee is located on the periphery of the nine tract adjacent to the Roanoke River. The mining operations will not be undertaken within 100 feet of this structure. As a result, it is our opinion that the proposed undertaking will not adversely affect significant cultural resources. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above colrment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6379. In all future communication concerning this project, please cite the above referenced tracking number. cc: E. Warren Matthews, E. W. M., LLC Location! 109 [tiast Jnncs Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NIC 27G99-4G17 Telephonejwx: (919) 807-6570/807-0599 TRANSMISSION VERIFICATION REPORT TIME 06/13/2007 13:33 NAME ; NC DENR DLR FAX 9197158801 TEL 9197333833 SER.0 xxiixxsrsxxa DATE DIME 06/ 13 13: 30 FAX NO./NAME 914346365644 DURATION 00: 03: 08 PAGE(S) 11 RESULT OK MODE STANDARD ECM I & Iz1=c�a M aT�oN North Carolina Department of Environment and Natural Resources Division of Land Resources - Land Quality Section Mining Program 1612 Mail Service Center, Raleigh, North Carolina 27699 (919) 733-4574 Fax: (919) 715-8801 FAX COVER SHEET FAX NUMBER TRANSMITTED TO: 6L To; Of: From: RE: Date: COMMENTS: *IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT (919) 733-4574. 2 "Sxr. •1� � �J�1 �l f • • i North Carolina Department of Environment and Natural Resources Division of Land Resources - Land Quality Section Mining Program 1612 Mail Service Center, Raleigh, North Carolina 27699 (919) 733-4574 Fax: (919) 715-8801 FAX COVER SHEET FAX NUMBER TRANSMITTED TO: 4S Y — �P 3 (o- � y To: _ watt t) Of: From:+Xmd�! RE: Date: 0 COMMENTS: 'CIF YOU DO NOT RECEIVE AIL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT (919) 733-4574. 0 TRANSMISSION VERIFICATION REPORT TIME 05/30/2007 15:28 NAME NC DENR DLR FAX 9197158801 TEL 9197333833 SER.# xxxxxxxxxxxx DATEJIME 05/30 15: 24 FAX NO./NAME 914346365644 DURATION 00:03:11 PAGE(S) 12 RESULT OK MODE STANDARD ECM • A74�► • NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist May 24, 2007 Mr. E. Warren Matthews EWM, LLC PO Box 369 Bracey, Virginia 23919 Re: Bent River (A) Mine (Draft Permit) Bertie County Roanoke River Basin Dear Mr: Matthews: Michael F. Easley, Govemor William G. Ross Jr., Secretary Your application for a mining permit for the above referenced mine site has been reviewed but not yet approved. Enclosed is a draft of the mining permit proposed by the Department. The conditions in the draft permit were based primarily upon information supplied in your application. Other necessary conditions may have been added to ensure compliance with The Mining Act of 1971. The reclamation bond has been calculated for this site using the information submitted on the mine map (see enclosed worksheet). The bond amount for this site is $33,800.00. The bond is required before the permit can be issued. For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the enclosed draft permit, i.e., EWM, LLC. In addition to one of these alternatives you may, upon request, substitute a cash deposit. Please review the enclosed draft permit and the reclamation bond worksheet, and contact this office should you have any objections or questions concerning the permit conditions. G.S. 74-51 provides that the operator has sixty (60) days following the mailing of a notice of the required bond in which to file the required surety. The permit will be issued when the required security has been received. No mining may be conducted until the permit is issued. G.S. 74-65 states that the issuance of a mining permit does not supersede 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. 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 Alfirmaiive Action Employer — 50% Recycled 110% Post Consumer Paper Mr. Matthews Page Two Please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 if you have any questions. Sincerely, loyd . Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRW/jw Enclosures: Bond calculation worksheet Bond forms cc: Mr. Pat McClain, PE File 0 • 0 Cl 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: EWM, LLC Bent River (A) Mine Bertie County - Permit No. * for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: 2017 0 • 0 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, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until *, 2017. 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. • Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.G. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer as indicated on the mine map received by the Land Quality Section on April 20, 2007, shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation or into the approved sediment pond. C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the mine map received by the Land Quality Section on April 20, 2007 and the supplemental information received by the Land Quality Section on February 23, 2007 and April 20, 2007. 5. All permit boundaries (35.18 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 0 • 9 0 Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 50 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses fi. 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, • 0 L� 0 Page 5 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $*.00 * bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. 0 Page 6 'APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. LJ Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiies, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 101D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October October 25- February 15 Soil Amendments Species Rate, Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime - 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer- 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 ibs/acre and anchored appropriately. 0 • 0 9 Page 8 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this *th day of * 2007. James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources 0 • M IV • L �Lc� APPLICATION FOR A MINING PERtiIIT E. DETERIMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please tt:xert_the aoar .�irnctte acreage. fnr AFFECTED CATEGORY ACREAGE Tailings/Sediment Ponds: Ac. Stockpiles: Ac. Wastepiles: Ac. Proces$ �n Area/Haul Roads: �f g b—: Ac. .i$ r• (.3(r Mine Excavation: a3,,1� Ac. 6.4 + ,7,7L Other: _3.5je Ac. TOTAL AFFECTED AC.: Ac. ( TOTAL PERMITTED AC.: Ac.) * A. VA RECLAMATION RECLAMATION COST/ACRE* COST X S"MO_ /Ac. _ S 010 X S /Ac. _ S X $ /Ac. = $ X $ • 0° /Ac. = S X /Ac. = X /Ac. = $ yo Temporary & Permanent_ Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 77, Ac. l b) Positive Drainage _ Ac. X $1,500.00 SUBTOTAL COST: $ __ a1f3� Inflation Factor: a 0.02 X SUBTOTAL COST: $ I � X Permit Life (1 to 10 years): IV INFLATION COST: $ y o1 oa TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 10 d li Total Reclamation Bond Cost: $ (round down to the nearest $100.00) -14- 0 • &4" APPLICATION FOR A MINING PERMIT &Vj-2, E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $S, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please inxeiLtbe approximate acreag,e,,fnr AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: S Ac. X $ 5D 8 4' /Ac. = $ A0 Stockpiles: Ac. Wastepiles: Ac. Proces ng Area/Haul Roads: 6-. �' Ac, Mine Excavation: 4 Ac. 6, y + 17t7(i Other: 0.15la Ac. TOTAL AFFECTED AC.: 3;1•?4 Ac. ( TOTAL PERMMIT YE�D AC.: �.1 Ac.) X $ /Ac. = $ X $ /Ac. X $ " /Ac. X $ 500°0 /Ac. X $ —LftO-"a /Ac. 504 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 3 R 1710 Ac. b) Positive Drainage Ac. X $1,500.00 = $ f� SUBTOTAL COST: $ 01$. RID Inflation Factor: a 0.02 X SUBTOTAL COST: $ ni SJa X Permit Life (1 to 10 years): INFLATION COST: $ 6D TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 3,3, d tf Total Reclamation Bond Cost: $ (round down to the nearest $100.00) -14- 0 0 Bent River 08-22 46 0 Subject: Bent River 08-22 From: Gary Novak <Gary.Novak@nemail.net> Date: Mon., 30 Apr 2007 10.37:53 -0400 To: Judy Wehner <Judy.Wehner@ncmail.net> Judy, T'm baaackkk! Miss me? Hey, I have one question: This same landowner started to construct the duck ponds outside the permit boundary. They are required to submit a E&S Plan for that construction. To date, the plan has not been submitted. Can the Division withhold issuing the permit until a plan is submitted? I will be going back to the site to issue a NOV for no approved plan. It would be a good thing to hang over their head to be in compliance with all state and. local laws. They were notified in writing at the same time I reviewed the permit. Anyway, I finished .looking over the ADI for the above. T do not see any further information needed at this time. Tf you have any questions, give me a call? Gary Gary Novak <Gai .Novak a)ncmai1 net> IEnvironmental Specialist V Div. of Land Resources, Land Quality Section NC Department of Environment & Natural Resources ...................._.::..:::::::.::::._._:::::...:.:.:....:................. ....... ...... __-.._:::::._ .... _ ......... :_.. 1 of 1 5/l/2007 9:29 AM 0 (b i • MINING CHECKLIST FOR ROUTING Applicant's Name- _' f _ Project Name: L Applic./Permit No.: County: :_ Date Received: Reviewer. River P>asin Name: i New ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modh9cation (outside per it boundaries) 0Tran5fer ElRe{ease ❑ Partial Release dAAdditional Information a Fee Needed: $ ❑ Fee Received: $, PIen-P 1"t�wa & entire application aakge_to: s a p -gip Regional Office (2 complete copies; attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach hath the DWQ and DAQ "Mining Application Review Form" to the other copy; rend both copies to the Regional Engineer) Date: Routed `f, i ";� . Rec'd ❑ Division of Water Resources Date: Routed 1 , Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ U5 Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Rec'd ❑ Division of Parke & Recreation Date: Routed ❑ NC Geological Survey 5ection Date: Routed Rec'd (Only new applications and modification requeste that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑ Other: Date: Routed Rec'd **5uopen5e Date for Comments: 1 J i �j (no later than 25 days from receipt) 11 Please note the following: 0 6 LAW OFFICES OF HARRIS, MATTHEWS & CROWDER, P. C. ► Bracey office E. Warren Matthews 9718 Hwy. 903 P. 0. Box 369 Bracey, Virginia 23919 Telephone: (434) 636-6363 Fax: 636-5644 e-mail hmopc@buggs.net 4 South Hill office Frank D. Harris (1924-2006) Charles H. Crowder, III Harry S. Montgomery, III 115 West Danville Street P. 0. Box 369 South Hill, Virginia 23970 Telephone: (434) 447-3128 Fax:447-2755 April 16, 2007 4 Kenbridge Office Calvin S. Spencer, Jr, 111 East Fifth Avenue P. 0. Drawer G Kenbridge, Virginia 23944 Telephone: (434) 676-2405 (434) 292-1486 Fax: 676-2192 Ms. Judith A. Wehner VIA UPS Assistant State Mining Specialist Land Quality Section Division of Land Resources Dept. of Environment and Natural Resources 512 North Salisbury Street Raleigh, NC 27604 Re: Bent River (A) Pit Bertie County ............ Roanoke River Basin Dear Ms, Wehner: In response to your letter of March 23, 2007, 1 am enclosing herewith the following documents: 1. Two (2) copies of the mine map showing the details of the access road, buffer zone widths, sediment pond, permit boundary and acreage chart prepared on a scale of 1 inch equals 100 feet, 2, Two (2) copies of the plats confirming the adjoining property owners; 3. Two (2) copies of a Property Management Map showing the relative position of my entire tract, including the mine site with reference to the adjoining property owners. This information was compiled by GFER Forestry Consultants, and as represented to me was obtained by it from the tax maps of Bertie County (shown in yellow) and Halifax County (shown in green). (4) Two (2) copies of the return receipt from the Notice sent to the State of North Carolina, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321, adjoining property owner on the north side of the Roanoke River. 0 0 40 Ms. Judith A. Wehner Page two April 16, 2007 5. Two (2) copies of the Notice sent to the State Property Office with exhibits attached, including the receipt from the U.S. Postal Service for the mail certification; 6. Two (2) copies of the Notice sent to the adjoining property owners, John M. Griffin, Thomas M. Urquhart, Sr. and Emily U. Ayscue, together with copies of the certified receipts from the U.S. Postal Service and duplicate copies of the acknowledgments executed by Mr. Griffin, Mr. Urquhart, in his own right and in behalf of his sister, Mrs. Ayscue; 7. Two (2) copies of the Notice to Zee Lamb, Bertie County Manager, together with the receipt and duplicate copies of his acknowledgment in connection with the documents. The original Notices to the adjoining property owners were not sent with the request of a return receipt because the instructions from your office were silent on that point. Mr. Griffin, Mr. Urquhart, Mrs. Ayscue and Mr. Lamb, the County Manager, were more than happy to execute acknowledgments of the receipt of the documents, copies of which are enclosed. If you need additional information, please let me know and I shall respond timely and as soon as possible. Very truly yours, 5, zavxg E. Warren Matthews Enclosures cc: Mr. Patrick H. McClain, PE slewmle.wm.lwehner. itr 9 EWM, LLC 1000 Feet from Fence on Mining Site Mining Excavation 23.15 Ac Ac E P'.- 3 Sedim of c 0 A c Cessin IRE5 6.01 A 4.18 Ac r_% 612" 4 Ac 2 '.- ' I : . : 3::;: if"KI, ..- I "Tj 8 1k 3 ibe 60 ..Tr PROPERTY MANAGEMENT MAP Bertie County, North Carolina Map per 1998 Aerial by SB, February 2007 1 inch equals 660 feet GFER Forestry Consultants, PLLC (919)841-0089 �10 9 3.03JAc 2 1 7 6 3.0 Ac 2 8 C A 3A 3101 3 1 c 2. 4 C3. 4A 4 2.iA 5 311 298 ffice Use R R 3 1 Ac r3.94 AC3 9R R R " R 3.91 Ac 3.9 3.89 Ac 3.91 Ac Duck Impoundrn LfFer 7.07 Ac R 3.89 Ac R R 3.87 A c 3 4.04 Ac R R . 3.89 Ac Dike OAIFAc A er c c r c Quail Habitat UM Ac '4 Timber 18.58 1-6op TrVe 0 POU 2' .74 A JOHN M GRIFFIN LLC rA PIN 5815452179 Marlin Bertie 0 6 PROPERTY MANAGEMENT MAP Halifax & Bertie Counties, North Carolina Map by SB, March 2007 1 inch equals 2,351 feet GFER Forestry Consultants, PLLC (919)841-0089 JOHN M GRIFFIN LLC 5815082330 RIFFIN, C B, III 5805663737 GRIFFIN, C B, III 5805733735 STAIrLE FORESTS LLC / 5804362122 EWM, LLC FLEET PROPERTIES L L CROS 5827125386 EWM, LLC EWM, LLC I URQUHART, 5815283380 5815663311 --1 ` `8 9 JOHN M GRIFFIN LLC 5815082330 PIERCE, W I, HEIRS 5804878114 E FORESTS LLC I362122 ERS PAVING CO INC 16995550 TRENT, JOHN O 5826276316 ILY LLCI ,940 GRIFFIN, B U, JR 5825273408 RIFFIN, B U, J 5825273408 888 97 URQUHART, TOM G FIN, B U, JR EWM, LLC 5815886327 825273408 5815663311 G IFFIN, JOHN 2555 JOHN M GRIFFIN LLC QUHART, TO 5815452179 25347957 UR HART, BUR ES,1 8252247270 URQ ART, B GES, 1 1 513835 URQU RT, BU GES, III GRIFFIN, JOHN M 502987 5815518820 URQUHA T, BURGE III HARRINGTO , II 582 3541 5815 2 073 QUH , BURGES, II 5825522327 SUSTAINABLE FORESTS LLC �HARRINGTON, ROBERT E 5814467667 5815815021 HARK GTO 7, JUL N P, li 5814771571 USTAIN FORESTS LLC 5813 5377 n i Halifax Nash —*%. Edgecombe mptonl PROPERTY MANAGEMENT WP Halifax & Berrie Counties, North Caroli Map by SB, March 2007 EWM, LLC i inch equals 2,351 feet GFER Forestry Consultants, PLLC (919)841-0089 0 Ayers. <Visible layers> 0- parcels U .wa#ilsn MOW 2 8.603. 6.0318.504) , Field Fl D 17455 Shape Polygon PARID 0801631 SUM AREA 53227410.0985 FIRST PIN 5816.00-62.6583 OWN1 STATE OF NORTH CAROLINA, OWN 2 ADDR1 MAIN ST ADDR2 CITY HALIFAX STATE NC ZIP1 27839 LOCATION IAS_AC 1190 SUBDIVISIO NBRHD R128 LEGALI URQUHART TRACT FEE LEGAL2 LEGAL3 GBLDGVAL GBLDGDESC MSCBLDGVAL MSCBLDGNO LUC 600 TIEBACK 08003.002-00 BK1 1310 PG1 183 BK2 PG2 SALE DT SALE PRICE 0 TYPE VALIDITY YRBUILT TOT RMS 0 FIXTURES 0 FULL 0 HALF 0 SF 0 LVG_UNITS 0 ALT_PIN 5816.00.62.6583 . hAAr5 PPP nm ' • 0 m WARM Layers. <Visible layers> 0- Parcel -Polygon Locaki;m (2518928.811.750 057639i 96145.) -- H I Field Value F1 D 12546 Shape Polygon GEOPIN 5815886327 GEOPIN27 5815856453 TAXMAP 5815 DEEDACRE 597.93 CALCACRE 598,8495 SHPLEN 43853,817687 SHPAREA 2608588&3432 OBJID 219 OWNER URQUHART, TOM ADDR1 PO BOX 131 ADDR2 OWNCITY AHOSKIE OWNST NC OWNZIP 27910 PARADOR 240 HARRINGTON GUN RD (11301 LANDVAL 371346 BLDGBAL 0 DEFRVAL 203065 TAXVAL 168281 PARCLASS RESIDENTIAL PARZONE PROPDESC GORDANS SUBDMAME DEEDBKPG TOWNSHIP WOODVILLE DELQTAX 0 NUMBLDG 0 PBPG 138/133 ASCS 2858 STAMPS 0 ASDACRES 597.93 CALACRES 597.93 0 0 Lagers: 0isible layers> p -Parcel Polygon ! ocakiian �25156a7 9Q64B B52E3793661j Field. Ialue FID 4668 Shape Polygon GEOPIN 5815518820 GEOPIN27 5815517624 TAXMAP 5815 DEEDACRE 221.78 CALCACRE 222.1601 SHPLEN 19307.058378 SHPAREA 9677296.23552 OBJID 215 OWNER GRIFFIN,JOHN M ADDR1 PO BOX 490 ADDR2 OWNCITY LEWISTON WOODVILLE OWNST NC OWNZIP 27849 PARADDR 422 HARRINGTON GUN RD LANDVAL 223932 BLDGBAL 0 DEFRVAL 116616 TAXVAL 107316 PARCLASS RESIDENTIAL PARZONE PROPDESC HILL SUBDMAME DEEDBKPG 7581705 TOWNSHIP WOODVILLE DELQTAX 0 NUM13LDG 0 PBPG CAB•AY162 ASCS STAMPS 440 ASDACRES 221.78 CALACRES 221.78 0 0 Layers: <Visible layers> S Parcel Polygon EO xj Laca)ian (251:�Q1O;_ 027'�8 85d,U45.�p3�21) Field Vafue :.:....:.. FI D 5742 Shape Polygon GEOPIN 5815452179 GEOPIN27 5815451099 TAXMAP 5815 DEEDACRE 250 CALCACRE 247.3011 SHPLEN 13326,198048 SHPAREA 10772434,9297 OBJID 214 OWNER JOHN M GRIFFIN LLC ADDR1 PO BOX 490 ADDR2 OWNCITY LEWISTON WOODVILLE OWNST INC OWNZIP 27849 PARADDR 1011 WEEPING MARY RD (1128) LANDVAL 206629 BLDGBAL 1200 DEFRVAL 120264 TAXVAL 87565 PARCLASS BUSINESS PARZONE PROPDESC RYE FIELD SUBDMAME DEEDBKPG 748/223 TOWNSHIP WOODVILLE DELQTAX 0 NUMBLDG 7 PBPG ASCS 5840 STAMPS 0 ASDACRES 250 CALACRES 250 • • Layers: <Visible layers> ,r C-1 Parcel Polygon f Lncakinn [2511965 593 07 854692 91181 J Field 7 I:V61ue.' FID 4121 Shape Polygon GEOPIN 5815082330 GEOPIN27 5815154298 TAXMAP 5815 DEEDACRE 500 CALCACRE 517.6706 SHPLEN 30390.65744 SHPAREA 22549729.291 OBJID 212 OWNER JOHN M GRIFFIN LLC ADDR1 PO BOX 490 ADDR2 OWNCITY LEWISTON WOODVILLE OWNST NC OWNZIP 27849 PARAODR 1133 WEEPING MARY RD (1128) LANDVAL 324388 BLDGBAL 1700 DEFRVAL 173054 TAXVAL 153034 PARCLASS BUSINESS PARZONE PROPDESC MORDECAI SUBDMAME DEEDBKPG 748/230 TOWNSHIP WOODVILLE DELQTAX 0 NUMBLDG 6 PB PG ASCS 2861 STAMPS 0 ASDACRES 500 CALACRES 500 0 0 .�.���..:v,... 7a..,.3 ,-.�����a. __ ���•a�:.. , � .,,._rro_,-,max _ �=b�.��pG�:.�.�,��,.�� ■ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: State of North Carolina NC State Property Office 1321 Main Service Center Raleigh, NC 27699-1321 A. Signature X ❑ Agent ❑ Addressee 6. Received by (Printed Name) G. Date of Delivery D. Is delivery address different from item 1 ? ❑ Yes It YES, enter dellvaq addles Wow. ❑ No APR 1Jiifl_J 3. Service Type EAGerdfied Mali' 0 E;xprees.Mall ❑ Reregistered - b keturn Fidiaelpt for Merchandise 0 insured Mail 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7005 2570 0000 5825 2316 (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt W2595-02•10M1540 ; E. W.M., LL C 9718 Highway 903 P. O. Box 369 Bracey, Virginia 23919 April 3, 2007 By Certified Mail, Return Receipt Requested State of North Carolina North Carolina State Property Office 1321 Main Service Center Raleigh, NC 27699-1321 Re: Tax Parcel No. 0801631 1 1190 acres Palmyra Township, Halifax County, North Carolina Gentlemen. I have applied for a mining permit to produce topsoil, sand, and gravel from a site I own in Bertie County, North Carolina on the south side of the Roanoke River directly opposite the captioned parcel owned by the State of North Carolina according to my information. In connection with the mining permit application, I am required to give all landowners whose property is located within 1,000 feet of the proposed mining site official notice of the application. Accordingly, I enclose herewith a copy of the official notice of my application with exhibits attached. If you have questions or need additional information, please let me know as soon as possible. You may reach me collect at 434-636-6363. If you cannot reach me, you may contact my project manager, C. Patrick (Pat) Warmack, whose cell number is 252-578-3323. His home phone number is 252-539-2057. Mr. Warmack is on -site each day during regular business hours. Very truly yours, . E. Warren Matthews sg Enclosures i E U.S. Postal Service,,., ' CERJIFIED MAIL,,,, RECE14 POmest c Mail Qnty; No Insurance Coverage Provided) Ln t1J§" ;;..Cc Postage 7 Cartlfled Fee Return Receipt Fee Postmark+ (Endorsement Required) Her% Restricted Delivery Fee r%- (Endorsement Requlrod) Ln ru Total PCs $ Cage & Fees Ln MFsof NC/NC State Property Offic i. ---•----•-•----•-------------1-..--------•-•-------- ------ 321 Main Service Center ...----.----*---•----- ------------- - ------ a1ei h NC 27699-1321 PS Form 31100"Imle r • • NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that _E.W.M., LLC, a North Carolina limited liability comparryhas applied on February 22, 2007 (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) a new surface mining permit F11 (b) a modification of an existing surface mining permit to add land to the permitted area ❑ The applicant proposes to mine sand, gravel and topsoilon (Mineral, Ore) 35.17 (Number) acres located 61.5 (Miles) southwest of Lewiston/Woodville off/nearroad NCSR 1128* (Direction) (Nearest Town) (Number/Name) in Berg County. *Weeping Mary Road *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 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 business hours at the above listed address as well as at the appropriate regional office. Ur in rmatim-regarding the . For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Pleasr. note that the ent will, -on i er any releyant written process until a fin eciSign is made on the agpli tca ion. State of North Carolina, NC State Property E.W.M., LLC (434--636-6363) Office, 1321 Main Service Center, Raleigh, NC C.........._.Patri.ck Warma_c_k(252-578,_.323/252-539-20' (Addressee/Owner of Record's - (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) April 3, 2007 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) W1. 9718 Highway 903 (P. O. Box 369) Tirara;l,_ Virginia 93919 (Address of Applicant) hi 9 J z E �o mpU¢ J LL] ix OuOiw M a w r LU [S Cil bd I Ra R m E s 711]:4Y lln'NNOwn ALN] ^ I - My r■nf v Na g r A Aa al 1 c All, w k— y �S _ ��n o 16 mix wl u 10 w + gr ' *. mo /g `j �S f f yCC a 8� Ww� LLI R ry lf1 Q P-z 5W o� a�E+ t 5rpt a` } cg¢ •�t"rumoI'd g G� 09, Gigeg, a� 2 Ott f�` PRg n a� I� o 4 gµl�Iyyl, �� �i ( U yj TaTb000 • titl%S�m' 0 0 r•� y I' ll 66 Y Cr ":i F •r J �f s `T+yyt `'rsr " �° i!j j�Kr C 'q a �I �' t. Vc G7 •° i�My "'•• b '�i4t 1 o I �! f >r! ` o r ,�aA � � ?� 4. v.o „•' u ` •� '° '^� •,:.:.. C. 4y�S7 � J+rf} } y: ''l,:yi � : a: ..:.t� ; u �:4• r�<rtt �e � rn y�r•',e}. d�'e••qr o ��`.ya �ktv yc ti• gy .1 W[•prr ww (m] [� C7 L Z � xk n r' 'Tf9rr�jli)rr�it^��P yy�rvxVati a v Z A 9, a }r!'�kEv'' to t, . v' 4 V°i L' N N z z in co f i dl�;Pfy�r13>�}r�dt}r+jj \ G <-.� G„vou yrro �yy c c' fir— fT1 t k +"off. k3ff} MFfA��ey}}�k! 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'.• 4+ � i + i. � . +, � + +t;,('x;, irC + r' { rc �t � F � � � -s c > � ': I; o- I,,' i t 1 f ��7i f � 1, f l f} I a r�l � I I ' ,r� � 7l• I}ai If a i h s �� 4 -1�T'E J e Ik 1' }r ° ]�,rr II S i 1 PI" Lrl tFl` WA,y :IV I v f �'thn I. 7�'!1`�W vl jll Ali,ii 111Wf I'_rs !i� r ril 1� (f l"7°f i�"�fy�li r1 to 1 � iV I / !' rlr•� G Ih«u w rd P y n xt 1 D �r 1 °�' I { q y ! 1 } � ny2 ,�41 l r ^ ] ` r• r .o E S l �P, C � a ` n '• . L I E y t.� ; B i F• I 5. 4N 7r,. L ,G li a 1 t �, 1- l •a f s- f 7' a"'r5 V SPt I ;7 4.' ,.rn,w.'1Vk,'„�47"�Fi�d'd�frr�.lyb��'. v _ .1 :., _t`y'•� PROPERTY MANAGEMENT MAP Halifax & Bertie Counties, North Carolina Map by SB, March 2007 EWM, LLC 1 inch equals 2,351 feet GFER Forestry Consultants, PLLC (919)841-0089 0 0 0 2 11 E.WM., «c 9718 Highway 903 A 4. Sox 369 Brace , Vir inia 23919 February 22, 2007 Mr. John M. Griffin John M. Griffin, LLC P. O. Box 490 Lewiston, NC 27840 Mr, Thomas M. Urquhart, Sr. P. O. Box 131 Ahoskie, NC 27910-0131 Dear Mrs. Ayscue and Messrs. Griffin and Urquhart: Mrs. Emily U. Ayscue C/o Thomas M. Urquhart, Sr. P. O. Box 131 Ahoskie, NC 27910-0131 7005 2570 0000 5825 2286 7005 2570 0000 5825 2262 7005 2570 0000 5825 2279 I enclose herewith a copy of the official notice required as an incident of my application for a surface raining permit to produce, market, and sell topsoil, sand, and gravel from a portion of the property in Bertie County known locally as Red Hill and Spring Gut. The notice is accompanied by a copy of the county tax map, the perimeter survey of the property on which I have sketched the area sought to be permitted, and a copy of the boundary of the proposed mine site. According to my information, no portion of the land which is the subject of the mine permit application lies within 1,000 feet of your property line. Nonetheless, I wanted each of you to be aware of the application and the plans I have for the development of a portion of the Red Hill site. Additionally, we are working in conjunction with the U.S. Department of Agriculture/Natural Resource Conservation Services (Brian Short) in the location and construction of waterfowl impoundments on other areas of the property. The first impoundment is under construction presently. We have designed the project to insure to the maximum extent reasonably possible that you will not be adversely impacted as adjoining landowners from any of the operations. Should you have questions or want additional information about the projects, I would be pleased to respond upon request. Pat Warmack, known to each of you, is the Project Manager on site. I will be out of the country until March 7. If you have questions in the meantime, you may address them to him. His cell phone is 252-578-3323 and his home number is 252-539-2057, He is on site Monday through Friday and should be able to answer any questions that you might have in my absence. I look forward to a continued neighborly relationship with each of you and hope to see you shortly after my return. sht Enclosures cc: Mr. Zee Lamb, Bertie County Manager Mrs. Emily U. Ayscue c/o E. Osborne Ayscue, Esquire Mr. C, Patrick Warmack Very truly yours, E. Warren Matthews 7005 2570 0000 0 0 E.W.M., LLC 9718 Highway 903 P. O. Box 369 Bracey, Virginia 23919 February 22, 2007 Mr. Zee Lamb, Manager Bertie County P. O. Box 530 Windsor, NC 27983 RE: E.W.M., LLC, a North Carolina Limited Liability Company Application for New Surface Mine Permit 1 Bertie County, North Carolina Mine Name: Bent River (A) Dear Mr. Lamb: I enclose herewith a copy of the official notice required as an incident of my application for a surface mining permit to produce, market, and sell topsoil, sand, and gravel from a portion of the property in Bertie County known locally as Red Hill and Spring Gut. The notice is accompanied by a copy of the county tax map, the perimeter survey of the property on which I have sketched the area sought -to be permitted, and a copy of the boundary of the proposed mine site. I have filed six duplicate originals of the application with the State of North Carolina, as required, and sent one copy to the Washington Regional Office so that Mr. Novak would have it immediately at hand. If you have questions or need additional information immediately, please contact the Project Manager, C. Patrick (Pat) Warmack whose cell number is 252-578-3323 and whose home number is 252-539-2057. Pat is on site each day. I will not be available personally until March 7, but he should be able to answer any questions you may have and arrange for any additional information you may require. I look forward to meeting and working with you both personally and in your position as County Manager. Very truly yours, E. Warren Matthews sht Enclosures cc: Mr. C. Patrick Warmack NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that E.W.M.,LLC, a North Carolina Limited Liability Company has applied on February 22, 2007 (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) a new surface mining permit El (b) a modification of an existing surface mining permit to add land to the permitted area ❑ The applicant proposes to mine sand, gravel & topsoil on (Mineral, Ore) southwest (Direction) 35.17 (Number) acres located 6.5 (Miles) of Lewiston/Woodville off/near road NCSR 1128* (Nearest Town) (Number/Name) *Weeping Mary Road in Bertie County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort 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 mustle 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 business hours at the above listed address as well as at the appropriate regional office. For information regarding the Zee Lamb, Bertie County Manager P. O. Box 530,_ Windsor, NC279.83 (Addressee/Owner of Record's Name and Address) February 22, 2007 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) on the Honing permit application review process, please contact the Please note that the Department will considerany r01CyAat_WXi= -16- E.W.M., LLC (434-636-6363) C. Patrick Warmack (252-578-3323/252-539-205 Name of A Include Contact ( Applicant: PP � Person & Company Name, if Applicable) 9718 Highway 903 (P. 0. Box 369) Bracey, VA 23919 (Address of Applicant) cr M " ru ni Ln Pnstage $ C3 Certified Fee , C3 Retum Receipt Fee (Endorsement Required) / t� tmark V © Restricted Dellvery Fee rs (Endoement FZequired) 1s ; u Total Postage &Fees Ln p -Sent o or PO�oxNo.; P. 0. 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'''`"F day'• 1 i�}, rs'Yti 'a 11q�1"'yyi{kla�" `4'.� r� ??''"�'+4 l�(a F""4 A , r.p ': �. x �' f.a�`,°� ry h"'' rvt� s i �r a '„'"'`'u�♦ r', L"i n, }i �'+4,y �,.. 0.r �„F'.� E i� hrf� x,i. r �F 1 A?'� rX•ti ,.p,.-{lxi � Wk�-a.,�idi�r A Wlk P' r Elkf f a h� Nei e d i �'•`' 1 ,r qy`+ � wY.t b,�°,�i N � J . �^ .� ? }�X ^J/'_� {1r}' 4�✓. ,I,i I .t;'! 1. �,, "T�is - � � '±h , '� i � w 7.p I ; - it 4 -. rL I �,-+:F-fd fiul,r �(f`t�lrl"hil �'k f"%}y��V Et6Ir Cll f ylr tr�.1'r ,� 1 {}nY Iila�a �4ya Eo i r r ' Ir t I,': e;',r ',r$ 1,4 r� a.'� ` + `I• n UYrw�yt ✓., C`-"1� B � rp a a,+:• I � w K^r - n R r r�N I,j I,j .�1't{I v `' � �? ` l• 'I E I y^ +-�F gas -, " q :'. i^ � 3 }•k b tin d r r I p 1 r J F w, + -�d t 1 71 +y 'E ,H., - 'i�w+r J M Fl 41, 'q��IRr�V filly �` {.d +l,'!f Mil � "A '1Jn ��,�r 4 t '.� J' p •'T _rr� '��r,}tk"�.,��y s.+�"t �• rr +' e : I � „,� x r .,F � '_ + �'� "_,���T��'jil�y}•.•�y.''Lk5 � Y i L 1 � 5 ��» ! I � r t �,`�^Vr t ��,`''i�'r�Ni�: w M -.' 14 Y i tiY b I d Y �' E I II •h - ,A p �,� � � 1 y' i 1 T r �,„»'r>ti� ,,,ak,3 ,E:k'�:���..d°r. �I:;rwa�_;�:•.t:i'ti�r�� -. I 7n,p,,:, �'L�:1��,�'�. � v �.. ,, v ��a��J; 0 • NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that E.W.M. LLC a North Carolina limited liabilit coma pp February 22, 2007 y 'has a lied on y, (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) a nay surface mining permit 0 (b) a modification of an existing surface mining permit to add land to the permitted area The applicant proposes to mine sand, avel and topsoilon (Mineral, Ore) 35.17 (Number) acres located 6 J.5 (Miles) southwest of Lewiston/Woodvi.11e off/near road NCSR 1128* (Direction) (Nearest Town) (Number/Name) in Bertie - County. *Weeping Mary Road *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 effortto 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 appplicant 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 ruining 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 business hours at the above listed address as well as at the appropriate regional office. _ For, in formation regardong the -434-63b-63bS - For information an the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please note_that __the Department_will con,aider any relevant written process until a final decision is made on the_awlication. Emily U. Ayscue c/o Thomas M. Urquhart, Sr. E.W.M., LLC (434-636-6363) x 131, Ahogkie.NC 2 910-0131 C. Patrick Warmack (252--5_78-3323/252-539-�205 (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) February 22, 2007 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) all -IN 9718 Highway 903 (P. 0. Box 369) Rrara)-4 , Virginia 23919 (Address of Applicant) ni .. , ruLn .: _• .. ru CO L Postage p CerI lod Fee ds a 13 RelUrrt Receipt Fee (Endorsoment Required) bre [M RssUktad Oellvery Fes (Endorsement Requ€red) 6 » ru Total Postage & Fees Q9 LF]. C3 ent7o sager.- ' Emily "i]r__-Ay_scue or PO Box No. C/o Thomas M. Urquhart, ­Sr._'__ ------------•------------- Ahoskie NC 27910-0131 N v� Y �i Q (D LL LL z 0 _ro y 0 Lu �_ Q J ui LE ©0kx CL cc [11 U I I ' S,1CBF Od 9S1 90 CRl Jd RSi RC R� r 311JY laHMnbaH aliW3 E �11 — 3fIJ54Y IWHf10tlrt ;lIW9 Iljf aNlf 1tlYHnGNfI WOt l 4 ONY idYHnDmn NM z, nY1Cil ,ee'R9CI �.9i,GI.[IS 11 �° a xa •oµmmx,sl ?N M U Z �dclf n�� C fig �� Z mZ CL w a Q wz zz'iERnau�i~z �V aF -no�anF#nnl��E�Fi, Ot�it h� WY1MW, g�•rm�I ��BM�$Sm3a^��� m JW^�"Ja�'��'Jo=ernemm \�\Q3� t� ••.•• —(,� '• F _ M .., �xF.S � z ^�? .ten ��. 'sTV•• � s5 @� � � �''%' %Gyy�yl.► •, �•&�. � k - ��''ur I'm or 1 b � .� .•III, R lwl �n 5 ii its. a'?S4 jb� 'f y QQ 4Q fill. pn _I :31va — k OQZ i 0 rMavrCr� I r t� INjAUrlVjrJN 1 1V1h1h' '"J r- cl Berne Cou North Carolinaz �0 dVD .a fir. t;�.�S �y ao VQ� 4-4 FPer"1998AerialbySB, February 2007 8�5 i3e.��.�j� ea ✓� �Yp7�-.� ,,, too -�c1�.� l incestryequals 200feet o.CC-aV :�r� $~e ►�$„-N, (2,0 NJ-4r GFER Forestry Consultants, PLLG (919)841-0089 J l Iq -r• �-- s- $�,q t1i4 �� Ja � �- `�a s •�-,lV �� - � _ � '2mu e+-• _ - - 1 1yj4' 'y� oy -.TeifehEa - v „a i -`..�t_,vt.Y a:7s AZa Y .y ; z y Legend _�o Roads— - • a v- � -• a .1 � _ - �--�`.` Fences Hunting Stand Lots Yo T r► o J J J a ',' [ : , t, f r° {'v5� c� 3 tr �' �� Processing/Office Use16 ^1-�_ Vining Excavation � 20'Landscape Buffer ♦✓ 3 a 'ar = 4 ^ss -W Buffer t l 10 2915 12Ac 11 3Aa 9 WRoad Buffer L� 7 J��•" 'k Y a�ttc ? i = r 296 Ac 3Ac [M DOT Culvert y ]] ✓ c F. �" _ t ® Dike 66 7$c `' Ar w: J 4• 1 tR9 `F�ecava!' _ 3. 3 Ad CREP .15 Ac L116t f Dram Fled Duck tmpourxtrnent Farm La nd Food Rot ra-- Green Tree :. '- - .: - : ;i. ®G' Irrigation Pond d Quait Habitat -`_ eS Reserved Lots Control Point Center Point ":ram,.. �'�• � % - - _ . _ _ _.__ ' a - _ / Prucessi �gatofflee use Tro �e�t p� wa 4 -- Duck tnpoundment seree R R R Ises� 3.94 Ac 3 89 Ac R 9"41 Ac u .w Ruck lrnpoundment . A� ; — �3�91 Ac 13-84 Ac F�YtA Land . 1 Ac This map is not a survey and has not been reviewed by a local government agency �- - D.w for compliance with any applicable land development regulations. - r � / ��_ .y �, � __-vLe._=SIle , t °'? «..- :.� V .T•- � .�-y�..S Q. w.'0+.' 1 MD 0 "5'(('11 Ca +1'�Nl IIY'15.M��0. � I t'��'; <b � '�� Y:k,�rt4a aL� k"M�,�p'y� b:« ,�a � •' � +ri' .t L . q��d 'y"4 1M1 r�i�'. •' �k . r�ry ,'r` 4 +f! ��r "►yr=�i t*� , s^. r � '� ``� Y""'� v" �� �� � u" , �� AIN T ➢°�� � ,�4 a I�w� { 5 �'4p =F� �, L 1 ��� i �1 �+;'% 4 � Y .�..ry �Ci i� " �p��('j A�nYk'. r«rH +•N �� ���1.p1� .rri�`4c '����.',{'� K'# :+'r�g�'a�ti, _' +x � snm,k� `�qv�� a.1l..:+,�ra s ""�t y a` E,'E �'.� �.'7 � �� 41. a:q�`'0k w"�,.�➢ 1 `i, it F. � � %' k �#� E ; r � �i � 1 � '' a al d ,ul 4� ��� �, $ �" y�""�.���'39' '"���"�* �ar � r �� � Y h *!r gF E '.°» Xss�v�r:+,�dtA":•�% � Mvnti, 5} � JI i! s d °i. J` P 3 � 7,i7"r�"'`��t rg k � "�, v ➢ ,r •-' ., +�+ � + � � . -{z a. gyp_..„yF, wra nR_ kW 4'•; � AP I +,.�: + s5 ; �,r�4. Jm ' tf � h ELF i Y :a i �. �l� Ahu +bzK y:d ', 1 p,, 1v, �r �� ;� t°y n ,,, � F'tl � s i s,a � � � e i •n; 4 J A � ! P� e ,;emu "_" "�3 �"�� `� a��1 "� z�! "c'�'�nn k _,� k! °�'.1.� .,��',+. ti, PYa.�n�°'Eti .»,. �". �. � ..". .. ? .... .•Ft�ro�� .a � � . „ .'x. ��w. _:'r,.l»��1�"�,,, NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that (Applicant Name)y zz zo07 E.W.M. LLC a NorthCarolina united liabilitycoma haS a lied on Februa ( , pp (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 El (b) a modification of an existing surface mining permit to add land to the permitted area ❑ The applicant proposes to mine sand, gravel and topsoilon (Mineral, Ore) 35.17 (Number) acres located 6 J.5 (Miles) southwest of Lewiston/Woodville off/nearroad NCSR 1128* (Direction) (Nearest Town) (Number/Name) in Bertie _ County. *Weeping Mary Road *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary., if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a 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 business hours at the above listed address as well as at the appropriate regional office._ For -inform * - — dithe ' 34-bib-fa3bS _ For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please note that theTI-partment will rnnsidcr an, relevant written process until a final __decisia e on theapplication. John M. Griffin, LLC P. 0. Box 490, Lewiston, NC 27849 (Addressee/Owner of Record's Name and Address) February 22, 2007 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) -16- E.W.M., LLC (434-636-6363) C. Patrick Warmack (252-578-3323/252--539-205 (Name of Applicant: Include Contact Person & Company Name, if Applicable) 9718 Highway 903 (P. 0. Box 369) (Address of Applicant) ru �111 4 r ru li.i Ln _ rija rD .3 Ln poslage p Cerlifleri Fee cl p Relum Recoipf pee Pes (Endorsoment Required) Hero Fl[Wrlcled Delivery Fee d P- (F..'rldorsement Required) 7 Lr) � 7 7ofel Postage 8 Feas $ Ln © Brlr To © John M r`- �rr�ar",ifin--L ._-...... or PO Boar No. ciry,simio;ziRid �icax_• ---------- ........ Lewiston, NC 27849 a � y � D ~ N Z U- U 1� p m ¢] Q[n F U Il.! CL ui (3 J I _ v cal 03 ,UiyHK(Om of311 GRI 3d 10 Be f 3rI -, HvdmNA A011, a 31US.eY vy"nomfll }�1W] Q o llll ONr 1tltlHf10H11 Ylol �.1� 1 eF1Y 11iYNI10a11 WDl }W161},41'1111 •.4E,1%EII z —_-- min A, g — _ "F A —1 ~� etla4®1 ,IIVIrE p ,cf x.Cl 1 n fi 4 p.r wAI __ g C 2 � fix 4 Iz2JE o#•'� S'Q'Lr uf N A ! { py8 1- w R NLD u aco Fs LL ft 1 N sgg8_�d 9 g9 3 a W ate° i o yM SM y � hlra mw 'es�r,.y I IS GR } ^}. t! i »1rRt111Argir, `3P •. Oi: � �+\11\1111E11lry �:�7:h�5� -=^` ��° tiZ� ~L _d� �,• ' �,�� NJ fey J flPlll �, q14'� $ "cr 3 F aax of 3 L a i d ate= N� IS PIR x iia �� < +�d ,o11 - 'rior U7- 3ib� eJ y a �yV •1yp�� bb n �4` ,TJ 0 OOt OOP N!!f!f*Illitµy4,`` rurulnpu� ��i�iMllt nM�E"�� E 0 • PROPERTY MANAGEMENT MAP ��:5�; �� �'0.b_ n - d .- � t, , m ,4.... -� .,.., . .,,. � v v ��w- � t �� � �� ►�: � � � o s L�Ato_,r ) Ber a County, North Carolina''� s1{ Map per 1998Aerial by 5B, February 2007 ''?'NvIle oAgn'E-S Y% 11.3a@.»` o #� �r s $�� �.� 1 .� eoer f lot, CL 1 inch equals 200 feet a cc o,r Lb = w, e6 $ a 1J S r �. Ce v.. feC A GFER Forestry Consultants, PLLC (919)841-0089 �wa Ca v� s - s, r a 1�7,'.teAJ�—�- 1 FLeged .76d S Hun ting s Rand '`r' � j �` Lots J lbqn',s _ p'ro fosk 4rv, H2� Vy =�° � Processing/Oifice Use , -, -16 � N&n€ng Excavation L� $ �_ - �{ �� 20'Landscape Buffer ✓ 3tY Buffer ':.l 31Ac '} 5V Road Buffer Z98 Ac 3 Ac T R lre } 2.96 Ac DOT Culvert Me �71.5 :.. 8' -REP ?tu 7A�nc `'� - = '� ,.y ,+' 4 Excavatl " ; 3 3 r33.15 Ac Drain Field ��� �' -,. 5.: � •:;� Duck Impoundment Farm Land Food Plot z� Green Tree Inig -firin Pond '. •: fir, ...-...-..-. Tmber Cc eS Reserved Lots Control Point Center Point ...,." � / Processlri ! elUffice l)se ea bra aS@ �. w 4.6 - tuck knpoundmerK 7,07 Ac R �L rnanin S + — 3.94 Ac 3.89 Ac T3.97RAc 3 9t Ac ^9 Duck impoundment L A r i r _? _- i — •'ti.. 13.84Ac F°ar€nlawd :, • .; r, ��/ �; _ _ _. Z. c 1 This map is riot a survey and has not been `23 Ac �; _ reviewed by a local governmentagency ..; ate.:.. T„•.,. •+ ", i e� -' i for compliance with any applicable land —e.—� p develortentrogutations. - 4 0 0 71' " I , �,. - �7 qvJ 4r' 4$ A, 10 It .. ....... . . R 4k 1-1 Is NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that E.W.M., LLC, a North Carolina limited liability compaThas applied on February 22, 2007 (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) a new surface mining permit 0 (b) a modification of an existing surface mining permit to add land to the permitted area The applicant proposes to mine sand, gravel and topsoil.on 35.17 acres located 6J.5 (Mineral, Ore) (Number) (Miles) southwest of Lewis tort/Woodville off/near road NCSR 1128* (Direction) (Nearest Town) (Number/Name) in County. *Weeping Mary Road *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a 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 business hours at the above listed address as well as at the appropriate regional office. For information reQardiny the For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please note that the Department will considCrauy relevant written ,process until a _final,,,,dedsion is made on the application. Thomas M. Urquhart, Sr. P. O. Bozo 13I, Ahoskie, NC 27910-0131 (Addressee/Owner of Record's Name and Address) February 22, 2007 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) -16- E.W.M., LLC (434-636-6363) C. Patrick Warmack_(252-578-3323/252-539-205 (Name of Applicant: Include Contact Person & Company Name, if Applicable) 9718 Highway 903 (P. 0. Bozo 369) (Address of Applicant) r 3 M U" s , i ■ nu ru Ln CO 12 y EI �-�i �M1 �A-iT�' 3.'.�• ti'r ti✓ y:f Lrl Postage.63_ O Cerglled Fee © Retum Receipt Fee � Postmark {Endorsement Roqulred) N Here 1:3 Restricted !]ellvory Fee d uj? f (Endorsement Required) +� Total Postage & Fees Ul q [Sente..o T11RIila S--M •---11iI� utta�ty--_Si�.......__ __ rApt. Nn.;---- PO Box Nv. P. 0 . Box 131 ry, Stara, zrr�ra ----------- .-•--------------- ------------------------------- ....••-- Ahoskie, NC 27910-0131 r 13 ' ' r If LBI `Jd Bjl B9 11211 t �-hJ" 7M1]SlY 1VYNlWV� 193W� �' � �Ni 1bYNF16?�tl rygj — Iw1W !49. •.n Cis �� — �` p U*mFrG96 aft',UY+ iliy"mYllaAlllf) ENY ji1YNj�ptlil MI01 •AYi¢e s JJ } gg MR i W YI —, OF,,.W w a� v� I O �a LL a mZ < 0 J UJJ 4 - 0 L a°�u ILccZ:� uj U G •: zZ � � o x 2 �.F •P ❑- LJVio � m n � EEEE n mIvy Y R5 Ei w p {1 8 I jib jib 1140 14 a ai Y Z m a �a 14 ekeEL MINI a In , � cz w t Y z d f ¢zo z w �t"`ow. ..,lr�r�44 • ^ice Ea* iO' od R - -- &'a -••.lIIILI q a` d3x W u�u��� r�aa q4 G cc44 p 0 9O 1 W?!e� 0 '= 4 PROPERTY MANAGEMENT MAP 1= :s �.fi E�q�. L - ., . �,$..a ,..,>, ..�„ ..� E vV ��a ►�o� Bertie County. North Carolina N a .a �:1:�:: S or :� ra �rpa Map per 1998 Aerial by SB, February 2007 �' a"►�S 3�Ia�.�.A.10®Q 1---- I inchequals200fee# GFE2 Forestry Consultants, PLLC ' (919)841-0089 tj _ fj r Y R .NL ma y,,> a 5 � �� - ? al v•`� _' ' _ - J -- - �R P �:In .�.. 1�.-y R;: ' �1�= stt .ck V46 Y ';F `�rrilef, a '� `.;.:. -•.. `'s _ ��`•= = = '_ "'{.can,_..:.. .�t=iit Legend .71111 ? '' ' :12$ r t = • - s :' _—_' Roads Fences Hunfing Stand Lots 4F of, a a",mow Processing/office use t� $� �- a 3 16 ®14Lni Excavation Buffer 16 21— 1, lY Landscape Buffer 30 Buffer I. 5c Road Boffer t_ - i _ S .�. w �; • s ' ;'�• :, _ +..: 298 AC 3 Ae 3 Ac 296 Ac DOT Culvert Dke CREP 3. 3AC c' �r1 9 Ezcav ;s °�nl off S r.-.•-n Brain Feld ,"56$�AC� �`'= "'" V _ may„ '•»� F_ Duck impoundment Farris Land Food Plot tip Green Tree m9 Fdu M £and - _:� ! ' afion Pohl y. ® CkuH Habitat i Timber A r Reserved is e �` % ="?glee •`. T / `/ - -- E'Tr— 5 control Point Center Point R% proclasstn ! 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Z This map is rtal a survey and has not been l C + -3Aii reviewed by a local government agency for compliancewitfr any applicable land n e ir`c, development regulations. }#Jq ,�'d'e dl �~a ��s+t' d;+��,n `h,'�{�ti ,l.,+�xd�,w'a �;✓ft,. < 'T h' wr. i?� � � �'✓v '?4d'+ a '. i 4'i: "' "'+. t .. i'rS;,k'!•� '�"^S� y' y�p� + 1e'i i 'r'+r r• �rr•ira i�S� I '^ �,a ;il. � yf M?`*�, .r''J 'u'.� rr`y -0wr .ryo- tt+g t �.w y1 � �,,a ^ * ". j.'.�' jw,�r.,., hY'r'r "' �rY�" •.,S � ��ws a, � k M, 4; a'1. m: t:m.r wa. .� • Ad "5 4`,', �Z n,pi V;' �7yr vMl,�rt4 ` J h, .r" i r4_A'V' 4 a r�;d �"n n a'8 �rar 4� �'`f .��✓�. fir°,�W '�5�+ a�•c ' a , r 'W4. �Lq twt� tir'I 4� r* �ayty L r4. ��i $n `'JSr'r� 'r" #Xr � + ti Sy r w� � '�'.'"� � r a s y4 F, .•r � � '� .i a q r. r4 , ny�y r r y rrlry .°%rV 1uPN'<4 a d�� fl � a "F5'"� •y i * � r M a tFa ° rya ✓4 ""' a a � rr�^r. ,�';�r� "�.7rc�1 i iir '''. t •A '� �i #� +� n 1 `5' r� �_`ar'�;,; �� # q, i; �. ;� � b �e s. •, s v^•s to t f- �3 � ba �i �` »� I� "t ur d 1¢" I a 41 5 y a' Y F a rah �, s t- b n c �^ a- t• m- .yT, �? . � ' �. � t a ■ r y a� Y ' �,r �� a '� _.� Ir's�_:1r�'�y j�,�.'�r,��h radf� �, r 1r F, ��Oar �, ��a y�n•�tlf 4.f�: �1 ar 'ta'7hy + I '�✓ '� �"s_ '- ° a � � - "'�' 1d�M. atrr lad r o -✓ wN'l tt +`alk4.lr _J v b I- R�.4 ' a r ` *1 �' t,�v« d k a� � ✓ ✓ 'n a3a + '�r`R i �'" i -` x• �y, ,� y ; 14 19, 5. i +rl,�, u,Y S ~r -,✓m!H r ' e tl !.- I � -�: � x Wes, re p'pI,I, 4 rc �7� {�'a p"��i,.mw _,+ „fy'i a I � au J s - P r nrr .t � 7. � N '.w•:,y. fw. '�°�i,'r"�4!;.;;�• N s' i „ r � �, h ''"'. , Y t'n w • March 30, 2007 TO WHOM IT MAY CONCERN: RE: E.W.M., LLC, a North Carolina Limited Liability Company Application for New Surface Mine Permit (Sand, Gravel, and Topsoil) 35.17 acres / 6.5 Miles Southwest of Lewiston/Woodville NCSR 1128 (Weeping Mary Road), Bertie County, North Carolina Mine Name: Bent River (A) This is to certify that I/we received a copy of the official notice for the captioned entity's application for a mining permit, said application having been dated February 22, 2007. 3I 3l (a ,,-c. pzt. w��li (SEAL) Date Thomas M. Urquhart, Ir3r. ......................... March 30, 2007 TO WHOM IT MAY CONCERN: RE: E.W.M., LLC, a North Carolina Limited Liability Company Application for New Surface Mine permit (Sand, Gravel, and Topsoil) 35.17 acres 16.5 Miles Southwest of Lewiston/Woodville NCSR 1128 (Weeping Mary Road), Bertie County, North Carolina Mine Name: Bent River (A) This is to certify that I/we received a copy of the official notice for the captioned entity's application for a mining permit, said application having been dated February 22, 2007. EMILY U. AYSCUE - 1-3 1 d 7 BY ?,n . SEAL) Date Thomas M. Urquha , Sr. 1C, March 30, 2007 TO WHOM IT MAY CONCERN: RE: E.W.M., LLC, a North Carolina Limited Liability Company Application for New Surface Mine Permit (Sand, Gravel, and Topsoil) 35.17 acres / 6.5 Miles Southwest of Lewiston/Woodville NCSR 1128 (Weeping Mary Road), Bertie County, North Carolina Mine Name: Bent River (A) This is to certify that I/we received a copy of the official notice for the captioned entity's application for a mining permit, said application having been dated February 22, 2007. JOHN M. GRIFFIN ! JO N M. GRIFFIN, L C �4 i 3 I B 4�0EAL) Date John M. Griffin 0 Rpr 04 07 02:53p ber count� 2527?0327 P. IN it. .0111�� • PO Box 530 106 Dundee Street • Windsur, NC 27983 252-794.6110 Fax: 252-794-5327 (Ijistyxdwards na licniail.got Office of the Berke County Manager To: Mr, Warren Matthews Fax: 434-636-5644 From: Misty J. Edwards, Clerk to the Board Date: 4-4-07 Re: Mining Permit Pages: 2 (including cover page) CC: 0 0 Rpr 04 07 02:53p be countm 2527PW27 p.2 Mar 30 2007 2:31PM HMFI 6365644 p.2 N March 30, 2007 TO WHOM IT MAY CONCERN: RE: E.W.M., LLC, a North Carolina limited Liability Company .Application for New SurfamUne-Permit (Sand, Gravel, and Topsoil) 35.17 acres 16.5 Miles Southwest of Lewiston[Woodvlile NCSR 1128 (Weeping Mary Road), Bettie County, North Carolina Mine Name: Bent River (A) This is to certify that Ilwe received a copy of the officlal notice for the captioned entity's application for a mining permit, said application having been dated February 22, 2007. •ate-0-1 Date m 0 0} 0 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh. North Carolina 27636-3726 March 19, 2007 Mr. James D. Simmons Director and State Geologist NCDENR-Division of Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Attn. Brenda M. Harris Dear Mr. Simmons: The U.S. fish and Wildlife Service has reviewed the project advertised in the following mining application. Due to staff and funding constraints, we are unable to adequately address the subject proposal at this time. Therefore, we are taking no action on the following mining permit application. APPLICANT COUNTY NOTICE DATE DUE DATE E.W.M., A.N.C., LLC Bertie 02-27-07 03-20-07 We appreciate the opportunity to provide comments on the subject proposal. Should you have any questions regarding these comments, please contact Mr. Mark D. Bowers at (919) 856-4520, extension 19, or at the above address. cc: NMFS, Beaufort, NC EPA, Atlanta, GA WRC, Raleigh, NC 0 0 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist MEMORANDUM February 27, 2007 TO: Mr. Peter M. Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harri Mining Program ary Land Quality Section SUBJECT: Mining Permit Application for E.W.M., A.N.C., LLC Bent River (A) Mine Bertie County Michael F. Easley, Governor William G. Doss Jr., Secretary 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 March 20, 2007 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. PLEASE RETURN ALL OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments !1'7 cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 -, lloejj e. �OwL� ont.' a�7 NoU /-45S .l(l07 MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY ProjectlNumber: L/&&±�&,'County.-- fi"ez **Due Date for Comments Back to Land Quality Section: 1!) D ** 0912005 Will the operation, as propose , violate standards of water quality? X/P Comments: r•,-� �. a ,t J._ �NY Watershed/Stream Name & Classification:WQ- ARO NPDES permit required NPDES permit existing Nondischarge permit required Nondischarge permit existing Wetlands disturbed 401 Wetland Cart. required 401 Wetland Cert. existing YES NO (Permit # ) (Permit # ) (Permit # ) r Reviewer! by: Date r Print Name: f, a,A01-t o f 31-213 MAR 1 �0u!~ 's f AND QUALITY SECTION I 's"Imr.1011 goiONaA6 OFFICL• ED MAR 2 9 �U" r 9 - LAND QUALITY SECTION 1ASH40IGTON REGIONAL OFFICE Central R 4Z From: Gary A. Nov Drop off Date: T Pniority: Normal High Comments: �-e Fie: 0 �p. /Le, b /S!<e 4 frc _ (* *'O- . 4 Q /A;A,? 09/2005 MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF AIR QUALITY �6o t , Project/Number: �,tv _County: 1 V V Please return comments back to; Comments due by: Will the operation, as proposed, violate standards of air quality? 1 V ) Comments: YES Air permit required Air permit existing Other Comments: (Permit # } NO ., Reviewed by: Date: 2-! 11-7 Print Name: bNu q Al Central Office Reviewer: JAW 2 4 2007 9 0 O' North Carolina Department of Cultural Resources State Historic Preservation Office Peter 15. Sandheek, Administrator Michael F. Easley, Governor Lisberh C. Evans, secretary Jeffrey). Crow, Deputy secretary March 28, 2007 MEMORANDUM TO: Brenda M. Harris, Mining Program Secretary NCDENR - Land Quality Section ()ffice of Archives and History Division of Historical Resources David Brook, Director i 1 FROM: Peter Sandbeck eaov P&, '5 xdir4_ SUBJECT: Mining Permit Application for Bent River Mine, Bertie County, ER 07-0496 Thank you for your memorandum of February 27, 2007. We have reviewed the .mining permit application listed above and offer the following comments. We have reviewed our files and find no previously recorded archaeological or historic sites within the proposed location of the mine. The proposed mane is located on a terrace overlooking the Roanoke River. An archaeologist has not surveyed the project area. However, numerous archaeological sites are located across the Roanoke River to the west of the proposed mine location. Based on the geographical location of the project and a relatively high site frequency within the general area, there is a high probability for archaeological sites to be present within or near the project area. Given the potential of this area, the Office of State Archaeology wishes to conduct a site inspection. We will notify Mr. E. Warren Matthews of E.W. M., LLC., the permit applicant, and Mr. C. Patrick Warmack, Mine Manager, that we will perform an on -site inspection for the Land Quality Section in the near future. We will contact Mr. Warmack to schedule the visit and provide notification to the Land Quality Section in case one of your field representatives would like to be present. While we note that this project review is only for a state permit, the potential for federal permits may require further consultation with us and compliance with Section 106 of the National Historic Preservation Act, Thank you for your cooperation and consideration. If you have questions concerning the above comments, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-733-4763, ext. 246. In all future communications concerning this project, please cite the above -referenced tracking number. cc: E. Warren Matthews, E. W. M., LLC Location Mailing AddteBB Telephone/Part ADMINISTRATION 507 N. Blown Street, Ralugh NC: 4617 Mail Service Center, IZateigh NC 27699-4617 (919)733-4763/733.8653 RESTORATION 515 N. Sloont Street, Raleigh NC 46t7 Mail Service Center, lUdgh NC 27699-4617 (919)733-6547/71.5-4801 SURVEY & PLANNING 515 N. Mount Street, ]Weigh, NC 460 Mail Service Center, 1Liticigh NC 27699-4617 (919)733-6545/715-4801 0 • C'heu aq Q 4 Q 2. MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF AIR QUALITY xEcER/TL, _ MAR 2 8 20C'- ' Auii] j LAND QUALITY Project/Number: r County: —Due Date for Comments Back to Land Quality Section: 3 — b Will the operation, as proposed, violate standards of air quality?_ Comments: YES Air permit required Air permit existing Other Comments: {Permit #� �E�� 11 iII I MAR 1 c�Jul 1 s r, �q 90A1.P SECTION WAx1�I1h44fON REGIONAL OFFICE Reviewed by: /() O_a"" Date: 3�� 3 /� P,,!nt Name: i�nNGGrpay 0912flU5 1 j Central Office Reviewer: r MAR '- 8 2007 From: Gary A. Novak t Drop off Date: 4(., Priority: Normal High Comments: • ATiA .. NCDENR North Carolina Department of Environment and Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist March 23, 2007 Certified Mail Return Receipt Requested 7002 3150 0303 7053 9096 Mr. E. Warren Matthews EWM, LLC PO Box 369 Bracey, Virginia 23919 RE: Bent River (A) Pit Bertie County Roanoke River Basin Dear Mr. Matthews: • Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary We have reviewed the application your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Provide an appropriately scaled (minimum 1 inch equals 100 feet) mine map that shows the details including all of the access road, buffer zone widths, sediment pond, permit boundary and acreage chart. 2. Provide a legible map that shows the adjoining property owners that are less than 1000 feet from the permit boundary, including those across the river. Provide proof, such as copies of the signed return receipts from certified mail, that the adjoining landowners and county manager have been properly notified. 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, Noah Carolina 27699-1612-919-733-45741 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina' 27604 An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Certified Mail Mr. Matthews Page Two As required by 15A NCAC 56.0013, 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. cerely, (� I Ju ith A. Wehner Assistant State Mining Specialist Land Quality Section cc: Mr. Pat McClain, PE 0 DIVISION OF LAND RESOURCES LAND QUALITY SECTION March 22, 2007 MEMORANDUM TO: Judy Wehner Assistant State Mining Specialist THROUGH: Pat McClain FROM: Gary Novak Washington Regional Office RE: Bent River (A) Mine Permit No. 08-22 Bertie County Roanoke River Basin The application for a permit has been reviewed with the following comments made: �AA site visit was conducted on March 21, 2007 with the following comments made: I The map appears to be somewhat different than what is laid out in the field. The map should reflect the current and project field conditions. 2 Adjacent to the proposed mine is the construction of waterfowl impoundments. The two areas must be Dshown separately. The SPCA program will monitor the adjoining land disturbance. The haul road should be shown to the public road. No preexisting road exists. Please cal I if you have any questions? A - 7mA NCDENR North Carolina Department of Environment and Division of Water Resources Michael F. Easley, Governor March 19, 2007 MEMORANDUM TO: Kristin Hicklin Land Quality Section FROM: James Aaron Ground Water Management Section Division of Water Resources Natural Resources William G. Ross Jr., Secretary John Morris, Director =CEWE- SUBJECT: - Comments on the Mining Permit Application Request for: E.W.M., LLC a North Carolina Limited Liability Company Bent River (A) Bertie County Please find attached a copy of the mining permit application request for the above referenced project. The Bent River (A) Mine located in Bertie County does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. However, if dewatering becomes necessary and the mine starts to withdraw up to 100,000 gpd of water, they will need to register their water withdrawals. 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 or who transfers 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 27699-1611. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One Phone: 919-733-40641 FAX: 919-733-35581 Internet: www.ncwater.org NorthCarohna An Equal opportunity I Affirmative Action Employer - 50 % Recycled 110 % Post Consumer paper Aaturally ATmAmmft NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. February 27, 2007 Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harri Mining Program ecretary Land Quality Section SUBJECT: Mining Permit Application for E.W.M., A.N.C., LLC Bent River (A) Mine Bertie County ® 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 wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by March 20, 2007 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. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 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 • • Log In #: �q DPR/RRS Mining Permit Application Review IiRS contact: Name of project: County: Proposed activity is If yes, identify the park: Manager/agency name: (contact name): (phone; fax): is not)( — within 5 miles of a public park or recreation area. LR'7C� W1GD MAR 2 a 2007 LMD (e-mail): -TL a" Review conducted by: Date: 3`� PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS. YOU CAN ALSO E-MAIL YOUR COMMENTS TO: Adrienne.McCaiga ncmail.net- Return form and materials to: Adrienne McCaig DENR/Division of Parks & Recreation 1615 MSC Raleigh, NC 27699-1615 (Please Print on COLOR Paper) parks & Recreation MAR 2 0 2007 Admin-Dir Office ArWc4 FqCDENR 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 February 27, 2007 MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks and Recre tion FROM: Brenda M. Harr' Mining Progra ary Land Quality Section SUBJECT: Mining Permit Application for E.W.M., A.N.C., LLC Bent River (A) Mine Bertie County Michael F. Easley, Governor William G. Ross Jr., Secretary R.ECJE - MAR 2 0 2007 ! ND QURLliy 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 March 20, 2007 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments 0 cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, Forth Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 Parks & Recreation MAR• 1 ' 2 2007 . Ndmin-Dir Office Ll Application ID—V Y�Y--jl LOS Complete This Section Mine Name Bent River (A) Company Name p Y Date Due Los 3/30/2fJ07 Permit Type: Attach Pages 1-3 of Mine Permit Application• Warren Matthews New �= Renewals '1 Modification- Transfer 1 NCGS Complete This Section i. Commodity Geochemistry„ =• r Hazardous County Bertie Minerals 1 i o I;p e 7.5' Quad PAi MYAA _ Subsidence Let(DecDeg) 36.095520 34,d9S29 . i � 3 Long (DecDeg) JJ[ 77.257330 l �� 2 µ�lope Stability' 1985 Geologic Tpy Yorktown Seismic Hazard Map Unit Hydrogeology l Other - -r Geologic Map Unit Mineral L ENO QUALITY SECTION Resources w� � Lithology: .. .�_ Flood Plain Deposits Comments . , Comments (Cont'd) Located in fine-grained fluvial meander system; low-lying site on south side of Roanoke River Note: Seismic hazard value is the peak horizontal acceleration:with a 109/. chance of exceedence in 50 years. Reference;, value is firm bedrock, actual site conditions may vary. Source - National Seismic -Hazard Ma ps:Documentation, June 1996, " h- U. S. Geological Survey Open -File Report 96-532 (http://gidm' aps.0l.or.usgs.gov/soishb2lpgalO.html) Record No 468 Revlewerl , l Com IDatel Reviewer2- n ComplDate2 NCGS Mine Review Checksheet-Database Rev. 2 11l28/00 1t1;CEIVED MAR 2 0 200T� LMD Bent River, Bertie 08-22 • Subject: Bent River, Bertie 08-22 From: Gary Novak <Gary.Novak@ncmail.net> Date: Mon, I9 Mar 2007 16:30:46 -0400 To: Judy Wehner <Judy.Wehner@ncmail.net> Judy, I'm sorry that I have not commented on the above permit application. I have not been able to go to Bertie County due to dam inspections and other higher priority site inspections. The earliest I can get to the mine will be Thursday. Do I have time to go and comment or not? If not, life goes on! Please let me know? Thanks, Gary Gary Novak <Gary.Novak a,ncmaii.net> Environmental Specialist Div. of Land Resources, Land Quality Section NC Department of Environment & Natural Resources 1 of 1 3/19/2007 4:33 PM • RE-CE MAR 16 NCDENR CTI LAND QUALITY ' SE North Carolina Department of Environment and Natural Resource Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel 111, Director William G. Ross Jr., Secretary MEMORANDUM TO: Brenda M. Harris Mining Program Acting Secretary Land Quality Section FROM: Mike Street DATE: March 13, 2007 SUBJECT: E.W.M., A.N.C., LLC —Bent River Mine (A) Bertie County Attached is the Divisions' reply for the above referenced project. If you have any questions, please do not hesitate to contact me. MSlsw 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 None hCatolina Phone: 252 726-7021 1 FAX: 252 727-51271 Internet: www.ncdmf.net Naturally An Equal opportunity 1 Affirmative Action Employer — 50 % Recycled 110% post consumer Paper A 7L1LA RCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel III, Director William G. Ross Jr., Secretary March 12, 2007 MEMORANDUM FROM: Mike Street Habitat Protection Section Division of Marine Fisheries SUBJECT: Mining Permit APPLICANT: E.W.M., A.N.C., LLC PROJ. LOCATION: Bent River Mine (A) — Bertie County DUE DATE: 3-20-07 Please indicate below your position or viewpoint on the proposed project and return this form to Habitat Protection Section, Morehead City. If you have any questions regarding the proposed project, please contact Tracy E. Davis, State Mining Specialist, Division of Land Resources 1 Land Quality Section at (919) 733-4574. REPLY: Thi ency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See Attached. This agency objects to the project for reasons described in the attached comments. SIGNE DATE: ci 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 Phone: 252 726-7021 1 FAX: 252 727-51271 Internet: www.ncdmf.net An Equal opportunity l Affirmative Action Employer-50 % Recycled 110% post Consumer Paper NonrkhCarolina Naturally ® North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director MEMORANDUM TO: Brenda Harris, Mining Program Secretary Land Quality Section North Carolina Department of Environment and Natural Resources and C. Patrick Warmack, Mine Manager FROM: Maria Tripp, Northeast Coastal Region Coordinator Habitat Conservation Section DATE: March 14, 2007 SUBJECT: Mining Permit Application for E.W.M., A.N.C, LLC, Bent River (A), Bertie County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (Commission) reviewed this permit application with regard to impacts of the mine on fish and wildlife resources. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.0 661-667d), Section-401(b) of the Clean Water Act of 1977 (as amended), and the North Carolina Mining Act of 1971 (as amended, 1982; G.S. 74-76 et. seq., 15 NCAC 5). The applicant is requesting a new mine permit to mine sand, gravel, and top soil from a 35.17 acre area. The proposed mine site is located off of Weeping Mary Road in close proximity to the Roanoke River in Bertie County. The Commission is pleased that the applicant plans to reclaim the mine as a lake for fishing and waterfowl habitat. Information regarding establishment and management of fish ponds can be accessed at h=://www.ncwildlife,orofpg03 Fishin images/PONDMAN5.PDF. To benefit wildlife, the Commission recommends year-round planting of kobe or Korean lespedexa, winter -time planting of rye or wheat, and summer -time planting of millet or sorghum. These plants provide erosion control and forage and cover for a variety of wildlife until native grasses can become established. Seed types including Pensacola bahiagrass provide limited benefits to wildlife and may be highly invasive and inhibit eventual establishment of native grasses. To provide adequate shallow water for aquatic vegetation growth, the pit slope of 3 to I should extend to a water depth of at least 4 feet. Further technical assistance regarding managing fish and wildlife on private lands can be found at htipa/www,ncwildiifc.or ,. We appreciate the opportunity to review this permit application. If you need further information on these comments, please contact me at (252) 948-3916. Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 r, C)9.o3.DT, D�I • �D���a NCDENR North Carolina Department of Environment and Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist MEMORANDUM February 27, 2007 TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources C mmi sion FROM: Brenda M. Harri Mining Program Secretary Land Quality Section I— L-1 Natural SUBJECT: Mining Permit Application for E.W.M., A.N.C., LLC Bent River (A) Mine Bertie County RECEIVED MAR 16 2007 LAND QUALITY SECTION � Michael F. Easley, Governor William G. Ross Jr., Secretary MAR 2007 RECEIVO Habitat— from 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 wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by March 20, 2007 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 Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 t MINING CHECKLIST FOR ROUTING Applicant's Name: �wr�i : AUG Project Name: (I Applic./Permit No.: 09-daCounty: QKV-i, Date Received: O Reviewer. River Basin Name: gNew ❑ Renewal ❑ Modification permit inside boundaries ( p ) ❑ Modification (outside permit boundaries) ❑Tran5fer ❑ Release ❑ Partial Release r 0 ❑ Additional Information ElFee Needed: $ WFee Received: $ S o U)[A') hi Regional Office (2 compiete copier,; attach the "! 5 Re Tonal, Office Mining App ication Review Checklist" to one copy and attach i� h DW gkDAQ "Minin Application Review Form" to the other both.copies g pp copy; send bo .cop es, to the +oval Engineer)'f Date: Routed a� 7 dRelcLd Division of Water Resources Date: Routed Rec'd XNC Wildlife Resources Commission Date: Routed Rec'd Y65 Fish & Wildlife 5ervice Date: Routed Rec'd (Only new applications, and modification requeots, that add land to the permit) Division of Parks & Recreation Date: Routed ,9a-Vn Reed NC Geological Survey 5ection Date: Routed r Reed N( �❑ (Only new applications and modification reques,ts, that add land to S9,01ecmit) Division of Archives & History Date: Routed C;? �2L Rec'd (Only new applications) Other: M T�-- Date: Routed i Rec'd -**5u5penoe Date for Comments: (no later than 25 days from receipt) ,Please note. the following: 'aul 'y38}deW 'Lost laal OOOZ sienb0 4ow L :OIL L00Z/£Z/Z 'OW(3 M „ r'9Z .91. -U0 N „&D, ,90 09£0 :u0lle00_l V�IAVNIIVd :aweN M 100'0 314 .LL9 i I I M „00'0 S 4 .LLO I I I M „00 0 a9 .LLO I I I I rI ••� .. AV') Ic— W w. ,+- .�„�• r e aA� ♦+r l �a -ts, ''. �'\ �..� c.- 1�Y _ W Z im to O pill {� e�, •�y �1 � 'WF� !,\ �� aF .,k •• �1 — -. ts..� � -"ter!! .r . ) i, ] "�.�;•" � `7 � QW .,.• .r .'�� ��t.f�[7"'�. �- jtj�----,..,, 's-. ..�-""�„�-� ..�r 1ci ys/ �. OO ' ''/�Y w '/ �[��.,, ~]�_'~` ••��ti`�-•...`•-^-...-�. - - .•...--., ^ ^" __.-. � mil iy CD p ..,, / f .ram• -:a r 4 ,.Y ^{►,,,y,. `rt .T �+a '�' "'�.'^' h.— -ar_ - �- ` ..n +r� t tF r_ t / 4' M• F —'` ! a ��•.r.,• w �...-^•,�...ry �, — Y"'�:.i a Z - 4, w - M. •r .p. .yw r — ..r .•wYr f I w.:..w y„,`4 • f M ` (1� ��.,✓ J .. pp ". l•uiod paezznaW— 1U10d (pan .:ram '� "w` 1.* \\j �a • r �,9 . /, ., ./ ,• "� F� Q is I M {.00 01t96 ,LLO t t ' M „00'O1,SL .LLd I I { M t: TM ,LLd I I I I NCDENR North Carolina Department of Environment and Natural Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist February 27, 2007 MEMORANDUM TO: Ms, Renee Gledhill -Earley Application Review Coordinator Archives S History FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for E.W.M., A.N.C., LLC Bent River (A) Mine Bertie County Resources Michael F. Easley, Governor William G. Ross Jr., Secretary Please find attached for your review a copy of the mining application request for the above referenced project. 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. Kristin Hicklin at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 Ali •!� NCDENR North Carolina Department of Environment and Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist MEMORANDUM February 27, 2007 Natural Resources TO: Mr. Peter M. Benjamin Application_ Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harri Mining Program ary Land Quality Section SUBJECT: Mining Permit Application for E.W.M., A.N.C., LLC Bent River (A) Mine Bertie County Michael F. Easley, Governor William G. Ross Jr., Secretary 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 March 20, 2007 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. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THN OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 1 FAX: 919-733-2676 512 North Salisbury Street, Raleigh, North Carolina, 27604 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 February 27, 2007 MEMORANDUM T0: Mr. Lewis Ledford, Director Division of Parks and Recre tion FROM: Brenda M. -Harr' Mining Progra ary Land Quality Section SUBJECT: Mining Permit Application for E.W.M., A.N.C., LLC Bent River (A) Mine Bertie County Michael F. Easley, Governor William G. Ross Jr., Secretary 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 March 20, 2007 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733.4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 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 • � i NCDENR' North Carolina Department of Environment and Natural Resources Division of land Resources Land Quality Section James D. Simons, P.G., P.E. February 27, 2007 Michael F: Easley, Govemor Director and State Geologist William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harri 'Ot­ Mining Program ecretary Land Quality Section SUBJECT: Mining Permit Application for E.W.M., A.N.C., LLC Bent River (A) Mine Bertie County ® 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 wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by March 20, 2007 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. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 A � 'W � NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, F.G., P.E. Michael F. Easley, Governor Director and State Geologist February 27, 2007 William G. Ross Jr., Secretary MEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources C tuumi sion FROM: Brenda M. Hard Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for E.W.M., A.N.C., LLC Bent River (A) Mine Bertie 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 effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by March 20, 2007 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. Kristin Hicklin at (919) 733-4574 if you have any questions. I Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-73345741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 ArkoiUA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist February 27, 2007 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Mike Street, Chief Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. Hari Mining Program ecretary Land Quality Section SUBJECT: Mining Permit Application for E.W.M., A.N,C., LLC Bent River (A) Mine Bertie 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 effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by March 20, 2007 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 marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 0 0 NCGSMine Permit Application Review Checksheet ?apilcatlon io LQS Complete This Section Attach P3900 14 of Mtne Permit Application o�-aa Wna Name Company Name �+4'� ih.�•t�c, hs � �f LLC Cato Cue LGS ^ Permit Type: , ` Mew -Renewal - Modification • Transfer NCGS Complata Thla Section CunModiry I Gaochemisvy Ha7n CUS County Minerals 7.5' Quad Subsidence Lat (Decoeg) Long (DOCCeg) Slope Stability 1985 Geologic ;Nap Unit Other Geologic Map Unit Lithalogy. Comments Comments (Coma) Seismic Hazard Hydrogeology Mineral Resources Food Plain Deposits Nate: Seismic hazard value is the peak 5crizontai acceleration with a 10% chance of exceedence in 54 years. Reference value is 5nn bedrock, actual site conditions may vary, Source - National Seismic -Hazard Maps Oocumentatlon, ,tune 1996. U. S. Geological Survey Open -Fite Report 96-532(htto:llgtdmaps.0t.cr.usgs.govlseishaxlpgalO.html). Rexrd No 3600 Reviewerl ComplOatel ' �- Reviewer2 Comploate2 NCGS Mine Review Checksheet-0atabase Rev. 2 11128l00 E.W.M., LLC co E. W. MATTH EWS P O BOX 369 PH 434-636-6353 BRACEY, VA 23919 r w HILL VA 2UTO 5024 c / h: s t 0 w E. W.M., LLC 9718 Highway 903 r P. O. Box 369 Bracey, Virginia 23919 February 22, 2007 State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section 512 North Salisbury Street Raleigh, NC 27604 Attention: Mr Floyd Williams RE: E.W.M., LLC, a North Carolina Limited Liability Company Application for New Surface Mine Permit 1 Bertle County, North Carolina Mine Name: Bent River (A) Gentlemen: RECEIVED FEB 2 3 ZBL LAND QUALITY SEC -no i enclose herewith six duplicate originals of the captioned Mining Permit Application, with exhibits attached, together with my check in the amount of $500 payable to the State of North Carolina. I am sending a duplicate of the application directly to Gary A. Novak at the Washington Regional Office since the notice to the landowners states that a copy of the application in on file at the Regional Office. The area sought to be permitted (35.17 acres) lies in the approximate center of a 307 acre tract of land located on the north side of Weeping Mary Road (NCSR 1128) in Bertie County approximately six and one-half miles southwest of Lewiston/Woodville. The site lies more than 1,000 feet from any of the adjoining landowners. Nonetheless, I have sent a notice of the permit application to the closest property owners, namely: John M. Griffin, LLC (Tax Parcel Nos. 2179 and 2330) lying to the south andwest of the subject site and Thomas M. Urquhart; Sr., and, U. Ayscue (Tax Parcel,No. 6327) lying to the east:, of the subject site. The subject site Is bounded on the north by the Roanoke River directly across from which is the Buzzard Point Wildlife Preserve owned by the State of North Carolina according to my information. If you need additional information or immediate assistance, please contact C. Patrick (Pat) Warmack who will be the mine manager and who is thoroughly familiar with the project. Mr. Warmack resides in Rich Square, North Carolina, and may be reached at 252-578-3323 (cell) or at his home at 252-539-2057. Once the application has been reviewed and approved, the reclamation bond in the amount finally determined will be forthcoming in the form of a Letter of Credit from Carter Bank & Trust, Martinsville, Virginia. I will be unavailable until March 7 after which I may be reached at 434-636-6363. V y , E. Warren M tt ews sht Enclosures cc: Mr. Gary A. Novak, Environmental Technician Division of Land Resources Mr. C. Patrick Warmack Mr. Skip Valentine, Valentine Land & Timber NQTI��,"OF MINING PERMIT APPLICATION • . Subject: NOTICE OF MINING PERMIT APPLICATION From: Brenda Harris <Brenda.Harris@ncmail.net> Date: Tue, 27 Feb 2007 15:07:48 -0500 To: Mell Nevils <mell.nevils@ncmail.net>, Floyd Williams <Floyd.Williams@ncmail.net>, Jim Simons <Jim.Simons@ncmail.net>, Anniem@ncleg.net N. C. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES TO: Bertie County Senators and Representatives FROM: Division of Land Resources, DENR SUBJECT: Notice of Mining Permit Application DATE: February 27, 2007 In an effort to keep you informed of activities in your area, this is to inform you that an application for a new Mining Permit, or an application to expand an existing mine in Bertie County has been received by our office. The following notice is required to be sent by the applicant to all adjoining landowners and to the chief administrative officer of the local government. If you have any questions concerning this application, please contact Mr. James D. Simons, Director and State Geologist, Division of Land Resources at 919-733-3833 or mailto:Jim.Simons a,ncmail.net . Pursuant to provision G.S. 74-50 (bl) of The Mining Act of 1971, Notice is hereby given that E.W.M., LLG a North Carolina Limited Liability Company has applied on February 22, 2007 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: X (b) a modification of an existing surface mining permit to add land to the permitted area: The applicant proposes to mine Sand, Gravel and Topsoil on 35.17 acres of land located 6.5 miles Southwest of Lewiston/Woodville off/near road BCSR 1128 Weeping Mary Road in Bertie County. 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 I of 2 2/27/2007 3:09 PM NOTICF- 7F MINING PERMIT APPLICATION 0 40 (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 specifies of the proposed mining activity, please contact the applicant at the following telephone number: 434-636-6363. For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. <>Name & Address of Applicant. including Contact Person & Company Name, if applicable: E. Warren Matthews C. Patrick Warmack P.O. Box 369 9718 Highway 903 Bracey, Virginia 23919 (252) 578-3323 or (252) 539-2057 2 of 2 2/27/2007 3:09 PM NORTH CAROLINA MINING PERMIT APPLICATION NORTH CAROLINA MINING PERMIT APPLICATION BENT RIVER (A) BERTIE COUNTY, NC APPLICANT: E.W.M., LLC, a North Carolina Limited Liability Company P. O. Box 369, Bracey, Virginia 23919 Division of Land Resources Land Quality Section z �J AMATIaN 0 R 7(� D FEB 2 3 2007 stiiov 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 733-4574 Revised 4/2002 7 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 • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Bent River (A) County Bertie River Basin Roanoke Latitude(dd.mm.ss)36-05-43+ Longitude (dd.mm.ss) 77-15-16+ 2. Name of Applicant*.__ E•W.M.l LLC, a North Carolina limited liability company - 3. Permanent address for receipt of official mail** P. o. Box 369 Brace-yiMecklenburg County, Virginia 23919 (9718 Highway 903, Bracey, Virginia 23919) Telephone 434-636-6363 4. Mine Office Address To Be Determined Telephone Mine Manager C. Patrick Warmack (252-578-3323 cell) (252-539-2057 home) 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 willbe cause for permit re, ** Print Name E. Warren MaCChews Title Sole Member/Manager Date February 22, 2007 * This will be the name that the ruining 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 comnlcte application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. • APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses mus 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 hOEW 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):_ 35.17 Of this acreage, how much is owned and how much is leased? Acres owned: 35.17 Acres leased:_ -o- _ Property owner if leased:_ n/a b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes.. No_. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes_,. No_. If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? es� 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/gravel/topsoil 3. Mining method: Hydraulic Dredge Front-end Loader & Truck Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain) Hydraulic excavator and Truck -2- APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 25' Depth is r��ehhlatt�ivffe to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Depth of. e�ravation relative to natural surf c_e grna nd pvel and top of matb. Expected average depth of mine (feet) go, 5. Has any area(s) at this site been mined in the past? Yes No X If yes, when and by whom was this activity conducted? 12 6. Number of years for which the permit is requested (10 years maximum): 1.0 years B. MAPS 1. Clearly mark and label the location of your minim operation on six copies of a 7.5 minute quadrangle and a county highway map. These maps, in addition to six_(Q cop* 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- t�' t�r.� _ y ilk Ik u } ' �•' r{s dtt kr}kijS '� i.�} �i`il;� �� s� i�} t��1 FYI }.i,-1���Ji•�T,�. f k'1� ,.� A� � 4 �G;yDTI#`}#a,C.}�'���ti ��- y�.{I#e� i ,''�Ea,.:. 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UNDER"",Rp . ! �LEWISi1]N-WOODVI E CHAREEs YAYLOR Rp. r FLAG RUN ,L:.. ti �AL��'Cgif �- `V rpm RF6 say M .. �y� .. • � • ,� • � wLFAINs � W b AVt VtryEq° � 12 a q � x P1G AO• •4'.: (Y ARROW LN AV r ` « MIN6 HILL CHURCH AO. qR WILLIFORD • •' G�tN��Qy6NOIISE RD, �R '�j°A 4F1N RD. pypN°R �4q (ya(Ayw a �OJQo OE 43`+l'nv4 Cv,rolinn kcimc g Corp. iJ 2R6I' Ifl,rnj I5i C. rj,9 ... :i.... �..,..._.. r. 11 2na1.1 ,�wti,un�irin, rdain o„ rin„r«raiu rennin- xrstmen-,u•n: HgM7rq� 4 ° cog U(( rN4 �0 rySj' REACOH LIGHT PVf[aCXsBD �r PROPERTY MANAGEMENT MAP t3ertie Courtly, north Carolina Map per 1998Aar®1 by 5B, February 2007 1 inch equsis 17,694 feet GFER Forestry Consultants, PLLC (919)841-0089 2116/07 E.W.M., L L C 1 Bent River B. MAPS 1. (b) County Highway Map APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic ma s of the entire mine site. All aspects of the mine site must be clearly labeled an the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can V ybe issued far up to 1Q years; thus, all mine and reclamation maps must only denote those arvtties 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, a miuimarn: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100 year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway; creek, stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised S. Name and title of person preparing map 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) IZZ f NNI mn OVNn:N) T 6 z p � aR inn nN Y O Q tY r £ V ON nN: r lV p 4 into Hill Sr s �40a� nNNNNNNN N 'd�'•:t:{-'ai.�A .t: --.... .. .... ci. 1 • r.aEila Fald .. Y i ;s_ I ' { � I 41i I.i E11 � Ottt Ott' 15 aia IX: G IS ; c,l 4 -.n �� O4 tl{tap at9a iai �-�.-o f•. - r it �.. t . l t aaa .,al; fi14o2 i rgiii: ,I Was 5 a l? y ! 1 -<y'; I G�{t�{,tif f" i• r'A �f .,li' -`i.. @i� s' ti+irf+f9 s`ap I E Ain a ( � I 4 E f 6 _ Aid{'a . , ,s I V a a�lYlr{ad li --yy I I 1 a ry-+�l,a€li?. 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'rxr`a G -.: ! •..`!,I!•:} rt '�- W 4-2 � r"1 r: p r} `' � `. +• !j1•711 �1,:!r i1 u� �;__ � V L 00 a , Nr� 'F �`•! 6r '°+`#1 'E.+.-. $ 1 +i 'Jv d.>E. ?; U � 1�'' , �i��i1F fU 7 � rj rl �i r,. ,t ,f 11, {;', i=A', fnt';°, C C7'•... rE_ ry _ �.+.' a e +'fe -{ •'� i• t', ± �? •.F ,�J�. ��ll.r £+Jl i s• ri �' �•—� '{ ,rr ii x r (1,k'al} st�1d 1� ✓ t '^} 'q r,, W l� Y p'� rt >L U m Q7 I,y "i^ „ rr r� r, n,r� f} rr I: •. ,r r. D n� l` v�f�Y,,t -nEd'. . Q• � r. � ;. `1' ; t ! : i � rl_ i qe n 3-L o f 7' r ' t rp �'r �, � r i• d a 1t � r LL � iti r;� � .�''•:. i� - �} ry r r} y Ef In �/,}�y r3 r� T. u } f i� ` E C in of Y U 3 U Q T OY M ^, W � Q rri Rv • • • e n EXHIBIT B(2)(p) The property is located approximately 6.5 miles southwest of Lewiston/Woodville. It is situate on Weeping Mary Road approximately 5.5 miles west of its intersection with NC 42/11. The adjoining property landowners are as follows: North: The Roanoke River and Buzzard Point Wildlife Preserve owned by the State of North Carolina. East: Tax Parcel 6327 owned by Thomas M. Urquhart, Sr. and Emily U. Ayscue. South and East: John M. Griffin, LLC. - Tax Parcel Numbers 2179 and 2330 Neither of the adjoining parcels lie within 1,000 feet of the Permitted Area or the Primary Mine Site. A copy of the Bertie County Tax Map is attached. 0 . 0 Ai r : j7k a v:. ' • t�—�•rY+l� n r � �;�" di ��+i " �+Y �, �,n ,�f�mar�, i Rd , • �,,.�dY�' x M1 • ij Y'^ a IIIWI * s � `:; f r�i:j����,,� E ','r*,w �� �`•�`Q•!�r % � i � fvl +�� -- t ^''�'rLr '` f °ii ,�`�''so-.'. � r . -' L � � yw k "^.,",ar..,� 7l- ft ': 'f ,, �r" :'.`r' � 3 .F, i .e� d Z '. t }, �1 e ,.,K. '•+sArx ' � '" mom. a � � r = r:, >.b+� � S6 ^� s'L�a �i.M a s ��" c:°a 4 r� a 'v r a. �,, n r • r -3 .. q„ a< kr r „a, � �. ? s a� n, �" ♦ 'x a y t "4 y i w��, y . � i � t• °:': t .';i a '�^` `�� ^�.� �' ,� '"4� lvir '�' tw �; -' t� � .mo-�e r'� � -�'.�, ' r.,,,_ � u:. t,�� ��� ' r w a i v +r o- t � �•'G - ire. � s "'�.,� p�„gl �'�'_�r ��r�y�,��"J` r«��,r�,.. �„� r�k w`"' .[ sr ae; �� + g a,:•! 0 i E ALI I, ^ 'J 1-1 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 .5 acre Stockpiles included within prnrpqqin2 area Wis&fts Berm/Buffer 3.56 acres Processing ArealHaul Roads4.68 + 1.36 = 6.04 acres Mine Excavation (initial) 5.4 acres Other (future excavating area 19.67 acres Total 35.17 acres NOTE@ IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE - SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. 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. See Exhibit A attached 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 maps) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. Please refer to C-1 above. The high point of the Mine Site is 31 feet above sea level and it slopes gradually through sandy soil to the Green Tree/Timber area as shown. Silt screen fences will be installed and utilized to contain surface water to the extent necessary to prevent erosion and sedimentation into and along the natural water course to the maximum extent reasonably possible. All surface water within the disturbed areas and water generated from the mining operation will be diverted to the settlement pond and recycled internally in conjunction with the screening operation. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yeses . No . If yes, briefly describe all such processes including any chemicals to be used. Water from the Mine Site will be cycled through the screening plant, routed to the sediment pond and recirculated for reuse. See attached Exhibits for detail. 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) . IU� • 4) • 0 APPLICATION FOR MINING PERMIT BENT RIVER (A), BERTIE COUNTY E.W.M., LLC, APPLICANT EXHIBIT A C. PROTECTION OF NATURAL RESOURCES The acreage sought to be permitted (35.17 acres, more or less) (the "Permitted Area") is located in the approximate center of a 307 acre parcel of land (Survey attached - Exhibit A/Attachment 1) lying between the north line of NCSR 1128 (Weeping Mary Road) and the south high water mark of the Roanoke River. Its part of an alluvial deposit with an immediate past history of agricultural production. No wetlands or timber land is involved. No limestone or other "hard rock" deposits are involved. The area is well drained to existing water courses as shown by the accompanying Exhibit A/Attachment 2. We intend to establish and thereafter maintain a buffer not less that 75 feet wide adjoining and contiguous to existing "Green Tree" and timber areas lying to the south, west, and north of the Permitted Area. A similar buffer not less than 50 feet wide will be established and maintained along the east boundary of the Permitted Area from the river to Weeping Mary Road. Within the Permitted Area we intend to establish: (a) An office (b) Storage area for machinery and equipment (c) Access to and from the mine site (d) The Mine Site (initially consisting of approximately 5.4 acres) (e) Sediment pond to which water produced in the mining operation will be diverted, thereafter, to be recirculated in and used as a part of the screening operation (f) The sand and gravel screening plant The approximate location of each of the foregoing activities is shown on Exhibit A/Attachment 3. The actual location will be determined on site by practical considerations of topography, drainage, accessibility, and experience. We intend to begin by constructing an access road from NCSR 1128 (Weeping Mary Road) to the Permitted Area within a 50 foot right of way. A buffer or barrier will be established along each side of the road. The road will be constructed from on -site material and drained to the natural water courses after having been filtered through the buffers established or to be established for that purpose. Because of the existing topography and soil types, road construction will require a minimum soil disturbance, each and all of which will be accomplished in a manner calculated to produce the least amount of soil erosion and sedimentation (See Exhibit A/Attachment 4). The area along the access road will be screened by approved silt fencing. Having located the office, equipment storage, and parking areas within the Permitted Area, we will then identify the Mine Site within the Permitted Area. After identifying the actual Mine Site, which will also include the sediment pond, we will enclose that area with a woven wire fence approximately 6 feet high with two additional single strands on top making the total height of approximately 7 to 8 feet tall. We will establish an additional landscape buffer of not less than 20 feet to be seeded, limed, and fertilized in accordance with USDA Natural Resource Conservation Service (NRCS) recommendations. That area will be supplemented by an additional 30 foot area upon which we will deposit and stockpile the topsoil and sandy clay overburden (totaling approximately 5 feet in depth) to be moved as the mining operation dictates from the actual Mine Site. The stock pile will be seeded, limed, fertilized, and maintained in accordance with the recommendations of NRCS. A silt screened fence will be installed and maintained around the actual Mine Site and any other disturbed area so as to prevent runoff and sedimentation onto the adjoining acreage. Water from the mining operation will be diverted into the sedimentation pond to be constructed in the Mine Site and thereafter recirculated as part of the screening operation. 0 0 35 NwFAA crouem n99 vPNgA 1127 3 4 VICINITY MAP - NOT TO SCALE LEGEND NFP = NEW IRON PIPE O NO POINT SET SMMCE of TM.E 08 650 PG 451 ¢3 f"PF496 REiERENNkS MB2PC 106 MB 138 PG 183 UNE AGREEMENT ) THE BOUNDARY LINE GREEMENT MADE BETWEEN YI.A AND(SECOND PARTY) AGREE ON COMM D ND Y UNE FNOM -A' TO V, NOTARY _.._�ATEn OF THE STATE OF NORTH CAPO711A .�-rAr E S l7T1's' E 5 E 9 !g� 5l� -� reN° 'ZFHE ED MAPLETHE BANK OF NOKE R ER \223 - l�S.JOHN M. GisDB 748,�.giE LOCA NW h `w,2.4;�88rnN ocr, 1016AY PUBUC ie /njiJr. l.20lD c _- .2010 U�������.F.NounL;lrO.x ,y��H►rfliN�i��'" dPksibea'o �,- THE F MAyD�E BETWEEN �� � figim ifiw%w - (FIRST PARTY) AND�A,�1W�'�L� .1M/ltl, D, LLC {SECOND PARTY) AGREE ON THE LOCATION OF THE COMMON BOUINO N UNE FROM •8• TO "C- AND FROM •E• TO 'F- AS SHOWN. OCT 9:• <� I �- i PARTY:.SECMD P�A.R 20160 ? TARY PUBLIC BUC NOTARY PUBLIC pue6XOP� Y 1nllepygoI pU IlllI111T t` ttt MY COMMSSION EXPIRES MY COMMISSION EXPIRES MY COMMISSION EXPIRES LINE AGREEMENT ��` THE BOUNDARY LINE AGREEMENT MADE BETWEEN �ililCL�; 3E (1 R57 PARTY) AND, �(SEPARTY) AGREE ON RNE LOC rlr►►j� "C COCOMMONOU DA LINE FROMM 'C' TO •D"- VtVt►IIIII I � 1 twas4 (yGi.lL/yam{4�T�J� ' T OG ST PARTY CULRYAIW as 4 a 47 1 L4 ry p NIP �!7 Ni•A` w kE� ROAD �e PROPERTY LINE IS THIS C04TE7R OF WEEPING MARY ROAD MY COMMISSION III 111'IV MY COMMISSION EXPIRES MISSION EXPIRES IY .. tttt114T1 Ill, T LINE AGREEMENT r;.i THE BOUNDARY LINE AGREEMENT MADE BETWEEN7;s ]4aA"ffg G1..[i ` 2` (FIRST PARTY) *:'� Or+T. a AND TO •E' (SECOND PARTY) AGREE ON THE LOCATION OF THEto COMMON BOUNDARY LINE FROM - ,ff U 'T(: - ¢ -W 7*R5T PARTY 1 _ ,�!!AlllfillTTt11 T5 PROPERTY UW IS THE NIGH WATER LANE OF THE ROANOKE RIVER - E 5 7!1b So E S 77V0 67 E L3 L4 S 70T6?37' E 5 TAT 100' E ROANOKE RIVER S 7Z70 5V E S 72 Z21 F 39il6' 5 741i 0i E S 7TJ075• E 5 T6Z4`30' E 5 724 3ry' S !lDdiA• 436.7i' 36f_7I' 3!9!5 S57.1i4 477.A70' ...TW 0w RANDaa TRACT "A'313 OE Ac. f JW BY COORD€NATE OD INCLUDING CUITVATED " w of Nc� ssza) �.�� f PROPEIM UK IS THE CENTER OF WEEPING MARY ROAD iNIF IN THE CENTEALNNE �YWY� OF MI�FW MARY ROAD ,1aaDED NCSR 1128 OVER A 24• CULVERT — ,wMPING MARY ROAD 66 RIGHT, OF,-IWA—�— s4- `� N�° a JOHN M. GRIFFIN. LLC DS 748 PG 223 4TY--L10— 419.79' 4f HIP IN TFIE % OF 'WEEPING MARY RO �•/ OVER A 24' LIILVFRT s / a NIP 46NP .. I VlOoam 79—W44- W——11/Sls— NCSR 1t28 T WEEPING MARY ROAD 60' RIGHT—OF—WAY 9 R.Y 14' GUM TREE d• 24' GLMN 7REE h _. JOHN M. GRIFFIN, LTC DB 748 PG 223 REVISION: REVISED EASTERN PROPERTY LINE i ADJOINERS NAMES - WBH - 2/2L/06 STATE OF NORTH CAIWLUJA pEfm cIXRR1T 4 A"OW 4 N.A1l1 . PIWTi9DW LAW HANYWI Na L-;U S Y cawy 7/MT IM CTRF�f TO WE IR TIDE OF M ROLLOOO AS }>eICATEO V ®0.4 0: O A{Y A[IINL SURMA AMDE NNDER W S [� A RSIT RIS PUT SS OF A wt LY TIAT OWAWS A 5119YA m OF LAND MM 9E AKA aF A OMM OR N12"A M TKAT W AM ORDK*a REWRM ON BODS_ PALE NgPTARIE! Na STAR/EYEO INT PU WIFS PAKW CF SAN+, FROM I011 TFOlAVO N O S TWP THE RNfU Q" PRE['dSAIlCAS q 4_3D ❑ EL TINT TNS PUT IS OF A AIO.EI THAT B LOOMED 11 SHOT PORM OF A COI.NR OR INAICPMRY W S WIMAATED AS TO AN 0WHANCF TNq T'S PLIV We PREP K .Ls. AS AIljIDFD. RTINESS MY THAT PEWAAI= FNCAS OF LANk 1A AWR AND SEAL TM E b� Of RE F<AL4iIf I. 7NAT RE SLIfVV IS OF AN EMNC PAROM OR PAROTMS OF LOW ANO L 8 W G DCW WAW A NEVI SN&7 OR CNANH T& AN EASSREFT: h L TWN TIE SAMv 15 OF AN ERMW X401NO Ot MHM S:t MW, Q NAROAL 7FAVC 9Xm A5 A EI>LRCOLRSG OR 3. THAT TIE SMEY 15 A CONTIOL 9PAY. ' ❑ D. R(AT Va PLAT 15 OF A SNRS'EI' OF AHM" C41L W, VAX AS TIE L O:FICET DDUNTY, Conn Y THAT TIE flEL'iw U:OR P#UT To RFCOLEKMEN OF FA5m6 PARMA A 001R&-OQD D'9Jr4EY OR O"M E7;TP"M 10 TIE I1GT xm 6 9J101 ew MOCH TM 03nV-ATKl1 6 AM9D MEETS Al STAM7MY DE TWT !E wam"ROI AYaom ID TNT awd"m B WON 71MT I ! FOR RECpD1N1O_ PFAEIE FF� AN VOOLL TO MAZE A WRRWUR f 10 THE HST Q MY PRM3SWAL ARL111' AS TO i9707G ws Co.. IN IAf O'. m AM e2�ai al DATE c�li�• TARY - - EY COM 1- NOTA BUC u V1T14T111/!/DATE aa(�l� roar f or o Alp- �,5510N EXPIRES MY COMM15SlON EXPIRES � NOTES: . 0 j; � FINAL PLAT FOR 1) THIS PRDPERTY IS LOCATED IN ZONE A AND 15 LOCATED IN A SPECIAL FLOW HAZARD pE AREA AS TAKEN FROM N.F.I.P. MAP INDEX FOR BER TIE COUNTY. PANEL NUMBER - �. ROANOKE RIVER PLANTATION 370290 0175 B 15 NOT PRINTED SINCE THE ENTIRE AREA IS LOCATED IN ZONE A. n'y oc ER Gs. HaRrzaNAL CONTROL MONUMENTS ARE LOCATED L51TITIN 2000 vF THIS i�l�► ®Pw #0 WOODVILLE TOWNSHIP FEBRUARY 17, 2006 3) WEEPING MARY ROAD 15 CURRENTLY MAINTAINED: BY THE N.C.O.O.T. FROM ROAD SIDE BERTIE COUNTY NORTH CAROLINA TO ROAD SIDE N_C.O.O.T, PROPOSES TO EXTEIND THE RIGHT-OF-WAY TO 60' WIDE. 4) THE SURVEYOR MADE NO ATTEMPT TO LOCATE OR DELINEATE ANY WETLANDS. 15 THE PROPERTY OF THE EAST CROUP. P.A. ANY USE, REUSE. REPAODUCTIORN, DISPLAY OR SALE OF THIS TRACT 'B" 84.20 AC. + (BY COORDINATE METHOD INCLUDING R/W OF NCSR 1128) •c. wow 4r � JOHN M. 0RIMN AND R.U. GRIFFIN D6 768 PG 705 d caA 4Ca�0 .B. ST W 0 L7 324 5. EVANS SF. . BOX 736527834 V252ILLF- NC • TagiFtea7"i7aq + ayL1:g • TeehTLaTagy 25c'�758-3746 B AvT'C€6Ti€Rctwe . Sfm -3746 DRAWN BY: SDF/WBH PRO.LCT NO.: 20060UQ4 SURVEYED BY; GFT DATE FEBRUARY 17, 2006 SCALE. I'• = 400' DRAWING NAME: bougdwy-mfT IMTHOIJT WRITTEN CONSENT OF 71AF EAST GROUP. P A. IS STRICTLY PP-OFITBITEP 211 blU E.W.M., LLC 1 Bent River C. PROTECTION OF NATURAL RESOURCES (1) Exhibit A, Attachment 1 C� k e-j ++i . Q) E S 03 d -P 0 00 a z� _0 0 W Lu 0 w- rL -0 '0 2 16 2') E L8 L ON T ? �® tm 4) o Way r: I j BON awe 00 M . ..... A 04 10 .... ..... A11111 IML..... 04 . Ok -A CN .................. N 11 . ......... 7:!1!1rv1 ................... ... T t 2 I- ZD cr_ LL 0 Ou E 'F80 'CD Z 0 ! 15 — uj L) < 0 c -M _j LU _j cn .inn0 -� 0 (1) w CL E LU Em 0 (5 Leo e o F- V E V 0 CL .9 CD CR or ............ ...... ...... ...... . . . . . . . . . . . . . ... Ili 4b F..A V , .41J11 > fv 4 4 . .. ..... .. (" ii4,jft Ili sli J N A xt CS '7 1 4y A 4o 1 '4 4, ij �17yl 4 de F7 41 79 U lid 4 1,1 4W ih"< 10i A .4 .4 I'll — 0 .. j I ......... ­ I � L.N�ill N�) *-1 �__ , I 1> _j 1.,Rf 1. .. ,,, , . , 12, Q I > 1 4 LU 1� LL 0) m c r�oo ca- c0011 L. Z z U) Oc e> O1.0fil O C: (D 0 L) a) M U ry 0 1 51 uj ion' LU S.Ir4. (D CL C, 01 CO X"T W�_ I IQ �1'1 1 4 CL cq dC 0 0 -PROPERTY MANAGEMENOAAP Berle County, North Carolina Map per 1998 Aerial by SB, February 2007 1 v'zv �z k.0 1 inch equals 200 feet ' GFER Forestry Consultants, PLLC (919)841-0089 -z- 3% 'Tirn . ..... ........ bei ......... 0_.7S Ac ............ _ - , _ -' -- - -�i` - i a 2�4C[�YcL�e,��0.v� ������ � I- a-`�`•a, k r\ ...... 7 76;A r\ r —:4 "IIV0-\ 3 ry\ 0-k le-, C E--- e4 2 �"� -•bi _ Y, x-'� � � � V _ '- - wlttt � a a. � E X C C1� _ Q � � � .�`i PU ergQ C- 00r e- ........... . ... ...... . 60' (4 - 5 ..... ..... ;L —.A X y 0C 0 N J; Z" Ace o- ,RE ' P, V.23Ac . . ........ .. .... ... ... '-V . ..... ..... A& .... ........ . -tj 0 TMi. am-- nt7, :At CenMot"-;J&:bt A: . ......... Process in-fStora-e/Office Use 6. 1 Ac z,.a& 4.68 AC :7 J, R 3.94 Ac ::7_ Duck Impoundment 13.84 Ac -2 0�t�e-Suffer, ..... . .... ....... ?'r 0? 0 5e � Q *'-a -. " S -, � e 5 12 11 18 Ac 1 2.96 Ac 10 f 9 3 Ac f3Ac Duck Impoundment 7.07 Ac R R R 3.91 Ac 3.89 Ac 3.91 Ac er 71— —fL" V, X a ............ Legend Roads Fences Hunting Stand Lots Processing/Office Use Mining Excavation 20'Landscape Buffer 30'Buffer 50'Road Buffer DOT Culvert Dike CREP Drain Field Duck Impoundment Farm Land Food Plot Green Tree Irrigation Pond Quail Habitat F= L I Timber Reserved Lots Control Point Center Point Kga rfi In Elarliq DI 1 Ac This map is not a survey and has not been reviewed by a local government agency for compliance with any applicable land . development regulations, 2/16/07 E, W. M., L LC / Bent 3iver A C. PROTECTION OF NATURAL RESOURCES (1) Exhibit A, Attachment 3 E "j 4L''V- % A, u%. C; PROPERTY MANAGEMENOAAP o,,-, ���POSec4 ff'%:+r%a Berne County, North Carolina vj°z44,E �.Y e a�S r a w o- rQQs Map per 1998 Aerial by SB, February 2007 ° i inch equals 200feet ..s: til ks4- r��.�a� - ! Ca�:� S GFER Forestry Consultants, PLLC Z (919)841-0089 4iX $ . •-, ec� +� - 1� o t� : \ : �r QS ° v - ry. ya .ffi - .: �a e.s+ 9 `�?'....,. _ Timbal_ 4,fi z �xw , r � Legend Roads H— Fences Hunting Stand Lots Processing/Office Use Mining Excavation 20' Landscape Buffer 30' Butter 50' Road Buffer COT Culvert - Dike i CREP Crain Field Duck Impoundment Farm Land Food Plot Green Tree Irrigation Pond Quail Habitat ' Timber Reserved Lots ® Control Point Center Point Berne Martin This map is not a survey and has not been reviewed by a local government agency for compliance with any applicable land development regulations. 2/16/07 E.W.M., LLC I Bent River C. PROTECTION OF NATURAL RESOURCES (1) Exhibit A, Attachment 4 0 APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes x No_. If yes, do you intend to dewater the excavation(s)? Yes.. No X . If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: n/a . 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, 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. All water used on site in washing materials will be rerouted to the sediment pond, recirculated, and recycled in the sand screening process. There are no wells within 500 feet of the proposed excavation area. We will install one well for potable water to serve the office. None of the water derived from that well will be used otherwise in the mining operation. Public water is not available. We do not propose to install any wells, the water from which would be used in the screening or mining operation. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permits) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if tine operation lies in a capacity use area and withdraws more than 100,000 gallons per day. Please refer to answers to Question 3 (a) and (c) above 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? Water sprinklers will be installed or water haul trucks will be used as needed. IWIC 40 0 w 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). Between the delineated Mine Site activity area and the Permitted Area a 6 foot woven wire fence topped with an additional two strands of barbed or steel wire will be installed. A 75 foot buffer from the Permitted Area and Timber/Green Tree Area will be established and used as wildlife food plots, natural areas, and conservation easements. 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). There are no natural water courses or wetlands within the Permitted Area. Nonetheless, we are establishing a 20 foot buffer parallel,contiguous to, and on the inside of the fence in the Mining Area around the actual Mine Site. An additional 30 foot buffer will be installed and maintained within which the overburden extracted from the Mine Site will be deposited and maintained. The material located within the 30 foot buffer will be seeded with grasses indigenous to the area in accordance with the recommendation of the NRCS. 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. Pond slope sides will be constructed 2/1 during mining operations. Thereafter, at the time of reclamation, the slope will be increased to 5/1 [See Answers to Questions 6 (a) (b) (c), 7, and Exhibits 1-3] R N 1 CD 1`M J x 3 kt �w F J. 1 W . 1 L1 r I � m x 1p 0 { G rJ 4 n rr P P rr 0 0 ch r- rr 0 0 a 1 j� 1 i h l PAGE 9 Question 6 (a, b & c) Exhibit 2 1�rc-a-Q- o.v-\ S �o, R- Cl� A- G. 1 a'e Q_ -Y C Y . 5CrC_ \ A— \ -, VN a.�a : �-\ f 10 t� cl ? k C, 2. 3 © Qo�w�1r.ev Alw cyr yr ` 0.v ¢. c3+. � o.� • � c�� aLiM1 c.v A— 3 ; i—O Ls30A QY' 2/16/07 E.W.M., LLC 1 Bent River A Pages 8 & 9 - Question 6 (a, b & c), Exhibit 2 PAGE 9 Question 6 (a, b & c)�Exhibit 3- Y\ OJ� e, o �- � C Y. o. C c ca v-C�. rw o. ` C'. �S. Q •� �j LA]- cc�s .r2eS �� �v-� - C. o+1a�vVc.�t:�sv. V 2116/07 E.W.M., LLC 1 Bent River Pages 8 & 9 - Question 6 (a, b & c), Exhibit 3 • • 0 • APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine maps) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. Please refer to Exhibits 1, 2, and 3 --Question 6, Pages 8 and 9 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). Please refer to Exhibits 1, 2, and 3 -- Question 6, Pages 8 and 9 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. Not applicable 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. The nearest existing structure to tin Permitted Area is located on the Roanoke River as shown on the;ttach,d;pats,:, Thtructure is an unimproved cabin last used by sportsmen and is otherwise uninhabited. There are no other structures of any description within 300 feet of the Permitted Area. The actual Mine Site will be fenced in the manner and in the area mentioned in C(1) above. 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). Please refer to Answers to Questions 5, 6, and 7 above SM • 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 map (s) and provide cross - sections through all proposed berms or proposed spacings, sizes and species for tree plantings. The Permitted Area is surrounded entirely by lands owned by the -Applicant. The Permitted Area will be buffered as previously described. Also please refer to the attached Exhibit-iB (2) . (a)&(b) b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? No. There are Rio publicly owned parks, forests, or recreation areas within 1000 feet of the Permitted Area. 11. 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. Depending on the mme's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavations) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes x No_. If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). Diesel fuel will be transported as needed with one transportable trailer type fuel tank. There will be no other permanent storage of fuel on the mining site. One steel 87x20' storage container for tools, grease, oil, and spare parts will be located on site. One padlocked access door will constitute the only access to the storage unit. -10- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN I. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the locations) of all permanent channels must be indicated on the reclamation map. See Exhibit A attached 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes x No . If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -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 bo will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes No . If yes, specify species. Large mouth bass, sunfish, crappie; and other species natural to the Roanoke River Basin. (See Exhibits attached). The water depth will exceed four feet. 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. The entire deposit in the Permitted Area consists of sand and gravel. No limestone or other rock exist from the surface to a depth of 25 feet as confirmed by geological borings. There are no "high rock" areas. The resulting Lakes will be landscaped and the slopes graded to a minimum 5/1 slope and grassed to assure stability and incorporated into the existing waterfowl/impoundment/wildlife habitat area. -11- APPLICATION FOR MINING PERMIT BENT RIVER (A), BERTIE COUNTY E.W.M., LLC, APPLICANT D. RECLAMATION PLAN The Permitted Area is located near the center of a 307 acre tract of land owned by the applicant. The objective is to incorporate the commercial mining operation into a planned wildlife and waterfowl impoundment program. The project with technical assistance of the NRCS and the U. S. Fish and Wildlife Service has as its goal the promotion of the existing ecosystem. All waterfowl impoundment outside the Permitted Area will be constructed with existing land contours, topography, and available water resources. The reclamation process will focus on the establishment of ponds and adjoining shoreline area for fish, waterfowl, and wildlife. The final buffers will be established as natural food plots, forest lands, etc. All pond shore lines will be reclaimed to a 511 slope for wildlife accessability, safety, and ease of maintenance. Access overburdens from the Mine Area will be used for berm construction. The final buffered areas will be planted to natural species based upon recommendations from the NRCS, the U. S. Fish and Wildlife Service, and other governmental agencies as the areas become available for reclamation. All haul roads and processing areas will be reclaimed, graded, stabilized, and incorporated into the surrounding topography for maximum wildlife habitat benefit and minimal sedimentation and erosion. 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. See attached Exhibits - Page 9 - Question 6 (a), (b), (c) and answers to previous questions 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. In the final reclamatiaiall facilities, stockpiles, and traces of the operation will be reclaimed and incorporated back into wildlife and waterfowl projects. The objective of the mining operation is to compliment and enhance the Roanoke River ecosystem. b. Will any on -site roadways be left as part of the reclamation? Yes No x . If yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. 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 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. There will be no storage of on -site or off -site generated waste. Waste products will be disposed of at the East Carolina Environmental Regional Landfill, Windsor, North Carolina, approximately 12 miles from the Mine Site. Repair parts will be housed in the on -site storage facility in the work processing area within the Permitted Area as shown on the attached Exhibits. No junk will be allowed to accumulate or be maintained on site. -12- 02/16/2007 11:27 2527945 NRC5 SWCD PAGE 02 rob 16 2007 10:11AM INACPC 6314 p.2 APPLICATION FOR A MINING PERMIT 7. Describe your plait for revegetation or other surface rreaunent of the affected areas. This plan mus include recou n endadlons for , including the dme of seeding snd the amount any type of need j ,NrdlLm, lime and rtta ch per acre. reins must iaOude general seeding iast�ctilaas for permanent revegetadon and, it necessary, temporary revegetation. R wSetatior utilizing stagy tree plseltings is not acceptable. Recornmendadons can be sought from: a. Authorized represe=0vca of the local Soil sad Warr Conservation District; b. Authorized repreaeauWvft of the Division of Forest Resourcm, Deparmt 1 of Enviroatlaent anc Neural Resources; c. Authorized musty rep sentatives of the North Carolina Cooperative Extension Service. Rfete NO rt�arch faculttyy with the Colleges of Agriculture and Life Sciences and Forest srurm at North Carolina State University. d. North Carolina licensed landscape architects; a. Private comult' foresocrs referred by the Division of Forest Reevurced, Depwanettt of Environment;Z%zal Resources: f. N.C. raveion and Sedimentation Control Planning and Design Mannar' �N.C. Surface Miaq Manual: A Gulde for Pe ding, Operation and fteciamatiatt; . Others'as may be approved by the Deparunwt. LM - RATE OF APPLICATION (torts/acre): 2 Tons/AC FBRTIUZRR - ANALYSIS AND RATE OF APPLICA77ON (pounds/acre): 1000 lbs --- 10-10-10 or 8-8-8- SF.- TY-PE(S) AND RATE(S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre): [NOTE. Include Legumes] Sad 33gn samfto DAM Snr&ny Rntm: Bahia Grass March 15th - July 15th 100 lbs/ac Fescue Sept - Dec and March - May 100 lbs/ac *� Brown Top Millet can be seeded as a nurse crop from July 15th - August 15th and then seeded with permanent vegetation the fall *+ti MULCH - 'TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: 75% ground cover (63 approx. 63 bales/ac.) OTHER VEGTTATME COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trewsluvbs, etc): Revegetati°ar reforestation plan approves by: SiFZ lure ___L_d' t..Q 0 C nLU t ,= Date , 2i16/D7 _ Print Namc Paula Ashlev:`.e _ ' Title District Conservationist Agency USDA Natural Resources Conservation Service -13- 0 APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert thegpie acreage_ for AFFE ED RECLAMATION RECLAMATION CATEGORY AC AGE COST/ACRE* COST Tailings/Sediment Ponds: • 5 Ac. ; f X $ 500 /Ac. $ 250 Stockpiles: 4. 8 Ac. t` X $ 1800 /Ac. $ 8424 Wastepiles: 3 56 Ac. X $ 2000 /Ac = $ 7120 Processing Area/Haul Roads: .36 Ac. X $ 1800 /Ac. = $ 2448 Mine Excavation: Ac. X $ 500 /Ac. = $ 2700 Other: landscape (buffer) Ac. X $ --- /Ac. = TOTAL AFFECTED AC.: • 92 A " 35.17 total ( TOTAL PERMITTED AC.: 1 .25 Ac.) Temporary & Permanent Sedimenntatiob & 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 35.17 Ac. b) - Positive Drainage -0- Ac. , X $1,500.00 $ -0- SUBTOTAL COST: $ 20,942 Inman Factor: 0.02 X SUBTOTAL COST: $ 418 X Permit Life (1 to 10 years): 10 INFLATION COST: $ 4180 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 25,122 Total Reclamation Bond Cost: $ 25,100 (round down to the nearest $100.00) -14- APPLICATION FOR A NUNING 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 adioiining 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 mast 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 acce.ptable 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. IYSIE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO TBE PERMITTED AREA, AS REQUIRED BY NCGS 7450(bl). 0 SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that E.W.M., LLC, a_North Carolina limited liability companyhasapplied on February 22, 2007 (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) a new surface mining permit 0 (b) a mQdification of an existing surface mining permit to add land to the permitted area The applicant proposes to mine sand, gravel and topsoilon (Mineral, Ore) 35.17 (Number) acres located 61.5 (Miles) southwest of Lewiston/Woodville off/near road NCSR 1128* (Direction) (Nearest Town) (Number/Name) in IR g rt I p. County. *Weeping Mary Road *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a 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 business hours at the above listed address as well as at_ the appropriate regional office. &r_infarmation regarding the 4.i4-0.s0-b,105 For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please nott-the Department_ will consider any_ relent written comments/documentation within the nrnvisions of theMining Act of 1971 throughout the application review process until a final decision is made nn the application. John M. Griffin, LLC P. 0. Box 490, Lewiston, NC 27849 (Addressee/Owner of Record's Name and Address) February 22, 2007 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) -16- E.W.M., LLC (434-636-6363) C. Patrick_Warmack 252-578-3323Z252-539-2057 (Name of Applicant: Include Contact Person & Company Name, if Applicable) 9718 Highway 903 (P. 0. Box 369) Rrappy, Virginia 93919 (Address of Applicant) NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that E.W.M., LLC,_a_North Carolina limited liability compawhas applied on _Februar_y 22, 2007 (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) anew surface mining permit 0 (b) a modification of an existing surface mining permit to add land to the permitted area The applicant proposes to mine sand, gravel and topsoilon (Mineral, Ore) 35.17 (Number) acres located 615 (Miles) southwest of Lewiston/Woodville off/near road NCSR 1128* (Direction) (Nearest Town) (Number/Name) in Ber ,J,e County. *Weeping Mary Road *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant publicinterest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. _ __ _ -434-636-63bS - For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please note -that the 12-2 tment will _consider _aay relevant -written commentsldocumentation within the provisions of the Mining Act of 1971_throug out the ipplicationseview Thomas M. Urquhart, Sr. P. 0. Box 131, Ahoskie, NC 27910-0131 (Addressee/Owner of Record's Name and Address) February 22, 2007 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) -16- E.W.M., LLC (434-636-6363) C. Patrick Warmack 252-578-3323(252-539-2057 (Name of Applicant: Include Contact Person & Company Name, if Applicable) 9718 Highway 903 (P. 0. Box 369) Rrnray, , Mirgini a 23919 (Address of Applicant) NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that E_ .W.M. , LL92 a North Carolina limited liability comparehas applied on February 22, 2007 (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) a nm surface mining permit 0 (b) a modification of an existing surface mining permit to add land to the permitted area ❑ The applicant proposes to mine sand, gravel and topsoilon 35.17 acres located 6J.5 (Mineral, Ore) (Number) (Miles) southwest of Lewiston/Woodville off/nearroad NCSR 1128* (Direction) (Nearest Town) (Number/Name) in Aertie County. *Weeping Mary Road *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 to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining pernait 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 business hours at the above lasted address as well as at the appropriate regional office. For informatiQn,.—egarding the soeciria oft imposed minim activity, please contar_t_ theannlicant at the fol]Qwing telephone number: T�=6 For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please not that the Departure t will consider Written Emily U. Ayscue c/o Thomas M. Urquhart, Sr. P. 0. Box 131. Ahoskie. NC 27910-0131 (Addressee/Owner of Record's Name and Address) February 22, 2007 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) -16- E.W.M., LLC (434--636-6363) C. Patrick Warmack (252-578-3323/252--539-2057 (Name of Applicant: Include Contact Person & Company Name, if Applicable) 9718 Highway 903 (P. 0. Box 369) (Address of Applicant) 0 �a dE 'z Q SL U 0 lu do oz IN Q U ~ v ¢ U JLU 0 t �aLL)v ui 6 [21 Od IN YQ F 4 1tlYN11Otl11 Almml POI lYYN1gYl1 Yq1 • .w.Kac r _ roen a� 4 _ � � � �_ o � � n \ \LLJCnCD 314 lit a " {a A O ■ C O �aagaas�a • C Ali a _ e �• S�� + �� z � b w II �5WS ��B�Stg�ffi38i�� x�xa V' ,�- uiurl �:"J7S9999� N. - pp a _ fi %4b tti 0 iji6.,� t I �j 4 34 Rip ■ G 1 � L BIN °� 001 r RE C, • L D FEB 23 2007 'D Q�E�ECTION J M\� � 0 D CP � \ . � k . ( ® [~ [ \ : § � f k f { , 5 � \ } { } � \ f k /\ , 2 ) ° : K . > & . ip w , ; am 'A3 4L!4 2C , OE 'IVA, vffin A 4 'AQ 51A� ............. M,C . FWA-1 ,Ct • ,��CTION A 4 • APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I; E. Warren Matthews , 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) Emily U. Ayscue and Thomas M. Urquhart_, Sr. (Address) c/o Thomas M.__Urguhart,__Sr., P.O. Box 131 Abogkie--KC_ 27910-0131 John M. Griffin, LLC _ P.O. Box 490, Lewiston. -NC 27849-0490 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to, said office at the following address: (Chief Administrative Officer. Name) (Address) [City Manager, County Manager, Mayor, etc.] Zee Lamb, Bertie County, Manager P.O. Box 530, Windsor, NC 27983 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 5 0 (d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showinM010 above notices were caused to be mailed and to provide them to the Department upon request. Signature February 22, 2007 Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) E. W. M. LLC ; (title of person executing Affidavit) Sole Manager I, Sarah H. Thomas Virginia a Notary Public of the County of Mecklenburg , State of tlT ll , do hereby certify that E. Warren Matthews, Sole Manager of E. W. M. , LLcpersonally 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 22nd day of February 20 07 Notary: My Commission expires; April 30, 2010 -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: nL.II ram_ ., Print Name: E. Warren MattheLwa.__ Sole Member/ Manager Address: P • 0. Box 369 9718 Highway 903 Bracey, VA 23919 Telephone: 434-636-6363 (office) Print Name: E. Warren Matthews Title: Sole Member/Manager Company: E.W.M. , LLC Mine Name: Bent River A *Signature must be the same as the individual who signed Page 1 of this application. maps, and (be apprarfate prGee-r-sing fee (see neat -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) 733-4574. -18- • �J 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 MANOR 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 (Reap Leach), 1 or more 2500 500 500 Titanium & Others A nonrefundable 550.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers, name changes, hand 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 butler zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major modifications. Acres for new permits and renewal permits weans 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. 10l2000 19- Francis M. NeviLs, Jr., P.E.- Section Chief Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Shipping Addreca: Land Quality Section 512 North Salisbury Street Raleigh, NC 27604 James D. Simons, P.G., P.E. - Chief Engineer David H. Ward - Sediment Specialist ? - Assistant Sediment Specialist Tracy E. Davis, P.E. - Mining Specialist Judy Wehner - Assistant Mining Specialist ? - Assistant Mining Specialist ? - Dam Safety Engineer Taml Dodd, E.I. - Assistant Dam Safety Engineer James Caldwell, E.I. - Assistant Dam Safety Engineer ARTERS Caroline Medlin, E.I.- Sediment Education Specialist Tabitha Brown - Sediment Education Interm Secretaries Wendy Sposto - Lead Secretary Stephanie Lane - Sediment & Dams Susan Edwards - Mining LAND QUALITY SECTION REGIONAL OFFICES Courier - 52-01-00 Telephone: (91M 733-4574 FAX No.. (919) 715-8801 Greg Taylor -LAN Coordinator ASHEVILLE MOORESVILLE WINSTON-SALEM RALEIGH RICHARD PHILLIPS, P.E. DOUG MILLER, P.E. MATTHEW GANTT, P.E. JOHN HOLLEY, P.E. Interchange Bldg. 919 North Main Street 585 Waughtown Street 3800 Barrett Drive 59 Woodfm Place Mooresville, NC 28115 Winston-Salem, NC 27107 Raleigh, NC 27609 Asheville, NC 28801 COURIER - 13-15-01 INTEROFFICE COURIER - 12-59-01 COURIER - 09-0"6 (336) 7714600 (919) 5714700 (828) 251-6208 (704) 663-16" FAX # (336) 771-4631 FAX # (919) 571-4718 FAX J (828) 251-MS2 FAX # (704) 663-6040 Alamance Alleghany Ashe Chatham Durham Edgecombe Avery Buncombe Burke Alexander Lincoln Caswell Davidson Davie Franklin Granville Halifax Caldwell Cherokee Clay Cabarrus Mecklenburg Forsyth Guilford Rockingham Johnston Lee Nash Graham Haywood Henderson Catawba Rowan Randolph Stokes Surry Northampton Orange Person Jackson Macon Madison Cleveland Stamly Watauga Wilkes Yadkin Vance Wake McDowell Mitchell Polk Gaston Union Warren Wilson Rutherford Swain Transylvania Iredell Yancey FAYETTEVILLE WILMINGTON WASHINGTON WILLIAM (TOBY) VINSON, P.E. DAN SAMS, P.E. FLOYD WILLIAMS, P.G. 225 Green Street 127 Cardinal Drive Ext. 943 Washington Square Mall Suite 714 Wilmington, NC 29405-3845 Washington, NC 27889 Fayetteville, NC 28301 COURIER - 16.44-01 COURIER - 14-56-25 COURIER - 04-16-33 (252) 94&6481 (910) 486-1541 (910) 395-3900 FAX # (252) 975-3716 FAX # (910) 4M-0707 FAX 9 (910) 350-2018 Beaufort Bertle Camden Chowan Anson Montgomery Scotland Brunswick New Hanover Craven Currituck Dare Gates Bladen Moore Carteret Onslow Greene Hertford Hyde Jones Cumberland Richmond Columbus Pender Lenoir Martin Pamlico Harnett Robeson Duplin Pasquotaak Perqulmans Pitt Hoke Sampson Tyrrell Washington Wayne REVISED 0312002 _SCHE_ D26OF RE_CLAMATION COSTS 10/2000 .1*ico..$cn.,pd Based _upon range of_$500__- $5,000_per affected acre? COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Type _ T S Ponds S.piles W.piles - _P.area/H .R. _ Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(-L) FS, MI, 1500(FI) 2500(PD) LI, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500 (FI) 5000 (PD) CL 1000(L) 2500 5000 5000 2000(L) 2500 (FI) 3700 (PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, 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 thia public document were printed at a cost of $845.81 or $.85 per copy. 4/2D02 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES - LAND QUALITY SECTION -21-