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HomeMy WebLinkAboutNCG020759_COMPLETE FILE - HISTORICAL_20091023STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V vC2 Ua O95-� DOC TYPE HISTORICAL FILE _n MONITORING REPORTS DOC DATE ❑ � �U f I D �/1� YYYYMMDD Vr r ' . Division of Water Quality ! Surface Water Protection i�w�.���•rrrrra NCDENRNational Pollutant Discharge Elimination System "'°`a"' �,° ,�'S NCG020000 NOTICE OF INTENT MR AGENCY USE ONLY Date Received Year Month pay Cern&ate ofCoverage N 2 Check p Arnourtt Permu Awkned to National Pollutant Discharge Elimination System application for coverage under General Permit NCG020000 STORMWATER DISCHARGES associated with activities classified as SIC (Standard Industrial Classification) Code -14XX Mineral Minting Industry (except as specified below) The following activities are also included: • Active or inactive mining operations (including borrow pits —except for NCDOT borrow ptts) that discharge stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations, • Stormwater from vehicle maintenance activities at mining operations, • Overflow from facilities that recycle process wastewater, and/or • Mine dewatering (wastewater) The following activities are spec:fically excluded from coverage under this General Permit• • Stormwater discharges associated with peat ruining, coal mining, and metal mining, Stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt operations and/or concrete operations, Stormwater discharges associated with oil and gas extraction operations, and • Stormwater discharges associated with tourist gem mines • NCDOT borrow pits are covered under NCS000150 The following discharges are covered by NPDES general permit NCG520000 instead of NCGO20000 • Point source discharges of stormwater and wastewater from in -stream sand mining operations (i e , sand dredging or dipping operations) For new mining sites that require an authorization to construct (ATC) wastewater treatment facilities This NOI is also an APPLICATION FOR an ATC for new wastewater treatment facilities ATC requests must be submitted at least 90 clays prior to construction' For exr_ sting mining sites that require an Authorization to Operate (ATO) wastewater treatment facilities This NOI is also an APPLICATION FOR an ATO for wastewater treatment facilities in place Construction modification or installation of any new treatment components at an existing site requires an ATC (If the site is already covered by NCG020000, the ATC request may be submitted without an NOI) Some wastewater treatment facilities used to treat or recycle process wastewater (even if conumngled with stormwater) at nurnng sites will require an ATC prior to construction per 15A NCAC 2B 0138 Please see the NCG020000 General Permit for details about which treatment facilities require an ATC (summarized in Table 1 at the end of this form). For example, an ATC 1s required for treatment of tnlne dewatenng discharge from clay piss and non -closed -loop wastewater recycle systems The authorization to construct or continue to operate will be issued at the same time as the Certificate of Coverage (COC) for the NC602 permit Design of treatment facilities must comply with requirements of 15A NCAC 2H 0138 & 0139 Page 1 of 7 'As per 15A NCAC 2H 0106 2Unless treatment facilities are designed, constructed and put into operation by employees internal to tt►e company who are qualified to perform such work for their respective companies in accordance with General Statutes, 89C-25 (7), plans and specifications must be signed NCG020000 N.O.I. Construction of wastewater treatment facilities subject to the'ATC/ATO requirements in the NCG02 permit at new or existing mining sites requires submission of three (3) sets of plans and specifications signed and sealed by a Professional Engineer (P E ) or qualified staff2 along with this application A copy of the design calculations should be included Please see questions 18 & 19 Table 1 Wastewater Permit ATC/ATO Requirements Mute Dewatenng Yes No Ouarries — 6 Sand Pits — 4 Clay Pits 6 — Any Dewatering with Chemical Treatment — Process Wastewater Sand/Gravel — 6 Closed -Loop Recycle — 6 Other Recycle — IW4�( For questions, please contact the DWO Regional Office for your area (See page T) (Please print or type) 1) Mailing address of owner/operator (address to which all permit correspondence will be mailed) Name .�.>r, I I C�,.,-4Y.�e-# r~."' Ca Street Address City Telephone No E-mail Address �2 31 1 i t ,ram o.. P n ' X C' ,r 1 S' Q" 1 T.rrbo re State t-AC ZIP Code Q =1 $8(. -10011 Fax XSA 8-Q3-01-L1 2) Location of facility producing discharge ^ Facility Name V Ar ^ � r . 4 Facility Contact Street Address City County Telephone No Contact E-marl Ll_�Ai k � e State NC ZIP Code a Bye a5;R 'iAj - ` + 1 Fax aa 5d Q3 - o I'll C.Zir� M� 1a/1'T r4G� , i'1t Cow 3) Physical Location Information Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance'and direction from a roadway intersection) a 1-1 So J S I S r,- leS -tn SR 13y S o ti t �'w., f• ►�.# o r-�, a s ' ti s -}urn r'+ •,� 4) Latitude-73e o")0.A1`'A Longitude 34� O�°1$alS (degrees, minutes, seconds) 5) This NPDES Permit NOI Application applies to which of the following ❑_/New or Proposed Facility M Exisfing -Zer re %_33 > -} Date operation is to begin 0 New Permit not applicable - ATC request only NPDES Permit Number NCG020000 N.0.1- 6) Standard Industrial Classification Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code I "t 'k a 7) Provide a narrative description of the types of minerals mined at this facrtrtx sc"d a"d V, r-%P'4f.r' a15 W 11 _lac en"r�� cti� kh�s Lc _LAL4 _ 8) Discharge Points Number of discharge points (ditches, pipes, channels, etc that convey discharges from the property) Stormwater Mine dewatering I Process Wastewater Overflow Discharge points should be clearly marked on the submitted site plan Please provide short narrative description of of] discharges W -Ac. %.s1 1 Sl 1,1 ;,_ 6c".S -- W irin at D vet l4rl O --)-Pekon +0 9% At4.- lhA�_tr it i►'1 nt- -Art. A S r-� w , �4LS .. 'tin t"\ .. Ar41 9) Receiving waters. What is the name of the body or bodies of water (creek, stream, river, take, etc) that the facility stormwater and/or wastewater discharges end up in? lh - I i , "n '& ern,^o tt _ If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e g City of Raleigh municipal storm sewer) Recewng water classification (if known) Note Discharge of process wastewater to receiving waters classified as WS-11 to WS-V or SA must be approved by the N C Dept. of Environmental Health It DEH does not approve, coverage under NCG020000 cannot be granted No new discharges of process wastewater are permitted in receiving waters classified as WS-1 or freshwater ORW 10) Will mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlandsl & No ❑ Yes If yes, please provide information about any 404/401 Certification permits Note Wetlands must be CLEARLY DELINEATED on the site plan Mine dewatering activities that have the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and implement an Operation and Monitoring (O&M) Plan that has been approved by the Division The O&M Plan should be submitted to the Regional Office and must be approved prior to operation The plan shall include, but is not limited to (1) Groundwater monitoring strategies to demonstrate the effect of pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance 11) Does this facility already have a valid Mining Permit from the Division of Land Resources (DLR)7 ❑ No (If not, please indicate the status of the Mining Permit application VYes If yes, please provide the Mining Permit number and include a copy with your application O -1 B Note DWQ cannot issue a CDC for the NCGO20000 General Permit until a Mining Permit is issued or renewed by the Division of Land Resources (DLR) NCG020000 N.O.I. 12) Will this mining operation precede development activitiesat this site dNo ❑ Yes 13) Does this facility have any other NPDES permits' NJ No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility 14) Does this facility have any Non -Discharge permits (ex recycle permits)') 9.fVo ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility 15) Does this facility employ any best management practices for stormwater control9 ❑ No RAY'es If yes, please briefly describe &4 ,) - S. 14, ✓CV-% f✓ ln�LfG L70►'�^� . S. 14 C✓1%Z . i A r f` he, 16) Does this facility have a Stormwater Pollution Prevention Plans VNo ❑ Yes If yes, when was it implemented2 17) Will vehicle maintenance activities occur at this facility9 l" No ❑ Yes Wastewater Treatment Facilities 18) Will mine dew terwng discharges occur? (ATC/ATO required for clay pits or dewatering with Chem treatment) El No f Yes 19) Will discharges of overflows from process wastewater treatment systems occur? (ATC or ATO required, unless sand/gravel mining or closed -loop recycle system) dNo ❑ Yes If yes, answer the following questions on the wastewater treatment system a Please describe the type of process used to treat and/or recycle the process wastewater Give design specifics (i a design volume, retention time, surface area, etc ) Existing treatment facilities should be described in detail, and design criteria or operational data should be provided (including calculations) to ensure that the facility can comply with requirements of the General Permit [Use separate sheet(s)} b Does this facility employ chemical additives to flocculate suspended solids? ❑ No ❑ Yes It yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive Note. Please see http /lh2o enr state nc us/ws/PAM list him_ for a list of approved polyacrylamide (PAMS) products for use in North Carolina NCG020000 N.O.I. C Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? 0 No ❑ Yes 20) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? ❑ No ❑ Yes If so, include information to demonstrate protection from flooding (Minimum design requirements for treatment works include protection from the 100-year flood, per 15A NCAC 2H 0219 ) 21) Hazardous Waste a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? L"hiNo ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg of hazardous waste generated per month) of hazardous wasfe'7 14 No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg or more of hazardous waste generated per month) of hazardous waste'? Cif No ❑ Yes d) If you answered yes to questions b or c , please provide the following information Type(s) of waste How is material stored Where is material stored How many disposal shipments per year Name of transport / disposal vendor _ Vendor address 22) Certification North Carolina General Statute 143-215 6 h (1) provides that Any person who knowingly makes any false statement representation or certification in any application record, report, plan or other document fled or required to be maintained under this Article or a rule implementing this Article or who knowingly makes a false statement of a matenal fact in a rulemaking proceeding or contested case under this Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management) Commission implementing this Article shall be guifty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10 000) I hereby request coverage under the referenced General Permit I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit I agree to abide by the following as a part of coverage under this General Permit 1 1 agree to abide by the approved Mining Permit for this mining activity (A copy of the valid mining permit must be attached to this request 2 [ agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPOES permit specifically issued therefore 3 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site 4 1 agree that solid wastes will be disposed of in accordance with N C statutes and rules governing solid waste disposal 5 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground waters NCG020000 N.O.I. 1 agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit 1 certify that I am familiar with the information contained an this application and that to the best of my knowledge and belief such information is true, complete, and accurate Printed Name of Person Signing Tale E5�' .y►a�'o� 10- 2-3 - o"! (Signature of Applicant) (Date Signed) Notice of Intent must be accompanied by a check or money order for $100 00 made payable to NCDENR Final Checklist Thts application will be returned as incomplete unless all of the following items have been Included ❑ Check for $100 made payable to NCDENR ❑ This completed application and all supporting documents ❑ Copy of the valid approved mining permit (MP) for the facility or indication of MP application status ❑ Copy of a county map or other general location map that shows the mining site and nearest major roads ❑ Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly shows site location in relation to nearby streams, wetlands, and other waters, etc ❑ Copy of mining site plan with all wetlands clearly delineated ❑ If the mine is near wetlands, or may otherwise impact surface water or groundwater, contact the regional office about an O&M Plan (contact information on the next page) Please refer to this O&M Plan checklist ✓ Site map with wetlands, ditches, well -placements, borrow areas, overburden storage, stormwater controls/BMPs, vehicle maintenance areas, settling basins, product process areas, and access roads ✓ Well information (design, depths, maintenance) ✓ Physical monitoring for the wetlands areas ✓ Settling pond sizing information, if applicable ✓ Level spreader design, if applicable ✓ Details about dewatering method ✓ Description of measures to prevent erosion and flooding ❑ If an ATC or ATO is required, three (3) sets of plans, specifications, and design calculations, signed, sealed, and dated by a P E ATC and ATO requirements in NCG02000 are summanzed in Table 1 on Page 2 of this NOI (see the permit text for more details) Plans shall show all pertinent design features, including the location of the outfall(s) If stormwater is flowing off -site, the plan must show that stormwater yvdl not be mixed with wastewater Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mad Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit, 4 !!,a CDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr T Bennett Wall Barnhill Contracting Co PO Box 1529 Tarboro, NC 27886 Dear Mr Wall Drvlslon of Water Quality Coleen H Sullirs Director April 9, 2010 RECEi APR 16 2010 BY Subject General Permit No NCG020000 Varnum Pit COC NCG020759 Brunswick County Dee Freeman Secretary In accordance with your application for a discharge permit received on October 26, 2009, we are forwarding herewith the subject certificate of coverage to discharge under the subject state — NPDES general permit This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated October 15, 2007 (or as sub,-ciuently amended) The issuance of this COC for mine dewatering discharges is conditional upon modification of the DLR Mining Permit No. 10-78 for this facility to allow mine de,,-* atering activities. The current DLR permit does not allow mine dewatering activities at this site (see 4.C. under Operating Conditions of W No. 10-78) Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage Please note that mine dewatering wastewater includes wet pit overflows caused solely by direct rainfall and groundwater seepage for this type of mining operation Any discharge of this water (and any stormwater commingled with it) is subject to the effluent limitations in this permit This general permit allows the discharge of stormwater and certain types of w :stewater from your facility In your application, you specified that only mine dewatering watt. would be discharged from this facility If separate point -source discharges of stormwater occur (i e , stormwater not combined with mine dewatering water), you will be required to adhere to the conditions in this permit for stormwater discharges Wetlands and Slcmnvater Branch One 1617 Mad Service Center Ralegh, North Carolina 27699 1617 Not-thCarohna Location 512 N Salisbury St Raleigh North Carolina 27604 ��������� Phone 919-807-63001 FAX 919-807-64941 Customer Service 1$77-623-6748 Intemet www ncwaterquality org An Equal opportanity ! AffnTotive Action Employer Mr T Bennett Wall Barnhill Contracting Co—NCG020759 April 9, 2010 Page 2 of 2 This peiniit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required If you have any questions concerning this permit, please contact Robert Patterson at telephone number (919) 807-6375' Sincerely, ORIGINAL SIGNED BY KEN PICKLE fo3 Coleen H Sullins cc Wilmington Regional Office, Linda Willis Central Files Stormwater Permitting Unit Files y' STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No NCG020759 STORMWATER AND MINE DEWATERING DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215 1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Barnhill Contracting Co is hereby authorized to discharge stormwater and mine dewatering water from a facility located at Varnum Pit Royal Oak Road Supply Brunswick County to receiving waters designated as a UT of Williams Branch, a class C, Sw, HQW water in the Lumber River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI of General Permit No NCG020000 as attached This certificate of coverage shall become effective April 9, 2010 This Certificate of Coverage shall remain in effect for the duration of the General Permit Signed this 9i1' day of April, 2010 ORIGINAL SIGNED BY KEN PICKLE for Coleen H Sullins , Director Division of Water Quality By the Authority of the Environmental Management Commission f jsir ' 'L ate" r Ts � n A�� a��A f ' � � An 1 �44 �^.c'3kf��� `✓tA"�'z"r`ri-cam 9 I Yc;,_ yi`' � �_ fa�� �y wA�t • S �;1� } � Je'�l 1 fff` � �� {f t; , 4 T lop 4 1 ...��" ;f • wc,z )� ��� �_l �`y��l� �wrti "'°"J•-w.��' i�`'-$ A ?/�i �'7 ,�-r��,"`� c 'tf c •� C`'.i, i}� + 'ems rF 1 - a a`s Ta �.���-•-� rs � � '� , 1,i+ rf 7+. y r NCG020759 N �v E S Map Scale 1 24,000 7�Jn,'%��j %!e'i sA 0 ry_�/�l,r �, a , a-,��}i3 '�f•�4'� �s57 g r—�&a. FtX Y ��} �'u3�i \`W �lyl✓•.�, x' �t f�-"s .. %F.�v"n %'� ?? �L •t�+l� t�` 3C-• y �u � .. � �� --sue �-'��' Varrw'm Pit ram- - f>aaF•SN.a^,\-�1� r�.StS �•- PyC L�' 1t�.�f'{f^ \}d/•Y/ T "Y. 'Sc�vt 2e',[u� L ••'"' ~ �' �� X tits1 • ��.rs h�'+��,�e�'Y->Tw�. a-y 3 J� Fri � J�v � �te.re ¢��`�,,� � e aiOW 8 a_ .4rr ��,�" i �+ �•_-, S yq-iYS1:-� S" yJfY ��. l� `-,.� y i 1Mt eh lip Barnhill Contracting Co. Varnum Pit Latitude 78' 19' 43" N Longitude 340 00' 52" W County Brunswick Receiving Stream LIT of Williams Branch Stream Class C, Sw, HQW Sub -basin 03-07-59 (Lumber River Basin) Facility Location Beverly eves Perdue, Govr-armor 'AY, 0 P .VA' bMCDENV April 6 2010 Dee F r,_:err1&,, Secretary Barnhill Contracting Co P O Box 1529 Tarboro, NC 27886 bS- Sub�ect O & M Plan for NCGyD2a"T5Pf -r Varnum Mine No 10-78 Brunswick Countyg4�� Dear Mr Proctor04` rL The Division of Water Quality received the Operations and Monitoring Plan for the Vanium Mine Pit No 10-78 on March 01, 2010 A review of the O & M was conducted and the following suggestions should be incorporated into the O &. M Plan Install a shallow wetland monitoring well (no less than 7 feet deep) in the wetland on the east and west of the proposed pits Select a location within the wetlands in closest proximity to the pit area The monitoring wells will be monitored and recorded on a frequency of no less than once per month The data will be submitted to the Wilmington Regional Office on a quarterlv basis the wells shall be installed in accordance with the Well Construction Standards required by North Carolina Administrative Code Title 15A Subchapter 2C Section 0100 (15A NCAC 02C 0108) If any wetland impacts are needed a 401 permit will be secured before any impacts occur The latest correspondence and/or plans received in this office for this mine pit do not involve any impacts to wetlands `1 he undisturbed buffers will be adequately marked so that the heavy equipment operators know exactly where the undisturbed buffer area exists This %4ill help ensure that the wetlands are also adequately protected from any land disturbing activities Please update the O R M Plan to include recommendations (1 through 3 above) and send a copv of the updated version to roe at the address identified on the letterhead Based upon your verbal agreement during our phone conversation today to provide an O & M Plan with the above modifications, The Wilmington Regional Office supports issuance of the NPDES General Permit NCG020759 for Varnum Mine Pit No 10-78 Should you have any questions concerning this correspondence please do not hesitate to contact me at 910-796-7343 Sincerely, Linda Willis Env Eng 1 Division of Water Quality Surface Water Protection Section CC DWQ NCG020 Brunswick DWQ CO NPDES Stormwater Permitting Unit (Attu Robert Patterson) One NarthCarolina Naturally 160" Mail eanlice �Qepb��1t:lt)11, ^iGII't�rC},ny�E 7ln ,r�� R,ione 91q-733-?'98 1 Pa , 9i9-715-310G1� 1 I�lterne. vvww vl x wta itic us-0,,1JR111 tAr c4.:ai 3Prtt,iriini^f h,.iinoaLivi A,wil Lriir}Gyir ;f) / ReCyCi.?ti S I %I'0S l',Oi�S,.�1 6 13ape! . BARNHILL CONTRACTING ® COMPANY 231 1 North Main Street PO Box I529 Tarboro North Carolina 27836 252 823 1021 Fax 252 823 0137 www barn hiHcontracting cam April 8, 2010 Ms Linda Willis Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 LCE S'J� B APR 0 9 2010 Y nawY (.YY1 .-" RE Varnum Mine No 10-78 M Brunswick County 4 �` Updated O and M Plan �j2�� Dear Ms Willis r We have revised the Operations and Monitoring Plan for the Varnum Mane in Brunswick County, North Carolina based on your letter dated April 6, 2010, to ensure that any dewatenng activities that may occur in correlation with mining activities shall not have any adverse effects on any wetlands that may be present on the property Reference is made to the site plan that accompanies this Operations and Monitoring Plan, which illustrates theU-� mining activities as they shall occur on the site Q� The type of discharge that will be present on the site will be mine dewatenng Reference is made to the site plan that illustrates the points of discharge from the mine Barnhill Contracting Company proposes to dewater mining operations through the following, J sequence of events 1) Erosion Control items will be installed prior to any mining activities on the site Sediment Basins, Diversion Ditches, and Level Spreaders will be installed per plan design before mining activities begin in any Drainage/ Basin Area 2) Mining will begin in Drainage/Basin Area 4 as illustrated on the map Any topsoil in this area will be stripped and incorporated into a small berm that would extend around the southern and western perimeter of Drainage/Basin Area 4 The topsoil within these berms would be used to build any slopes after mining this area The topsoil berms will be seeded as needed to stabilize We do not anticipate any appreciable amount of topsoil that would require stockpiling in any berms around any of the Drainage Areas Diversion ditches will be utilized to divert shed water towards the sediment basin 3) As mining activities extend below the water table, water will be pumped as needed into Sediment Basin 4 Excess water will flow over the 12' weir, across the level spreader, and dissipate through the 50' undisturbed buffer After mining operations are complete in Drainage/Basin Area 4, any topsoil will be used to build slopes on the western and southern perimeters, and seeded as needed to stabilize The 12' Weir and associated level spreader will remain in place for Drainage/Basin Area 4 4) Mining will then begin in Drainage/Basin Area 3 as illustrated on the map Any topsoil in this area will be stepped and incorporated into a small berm that would extend along the western perimeter of Drainage/Basin Area 3, and used to build any slopes after mining this area The topsoil will be seeded as needed to stabilize Diversion ditches will be utilized to divert shed water towards the sediment basin 5) As mining activities extend below the water table, water will be pumped as needed into the newly formed pond formerly known as Drainage/Basin Area 4 Excess water will flow over the 12' weir, across the level spreader, and dissipate through the 50' undisturbed buffer After mining operations are complete in Drainage/Basin Area 3, the strip of unexcavated land dividing Drainage/Basin Area 4 and Drainage/ Basin Area 3 will be removed to create one contiguous pond Any topsoil will be used to build any slopes on the western perimeter, and seeded as needed to stabilize 6) Mining will then begin in Drainage/Basin Area 2 as illustrated on the map The same procedure will be utilized to mine Drainage/Basin Area 2 as it was to mine Drainage/Basin Area 3 Any topsoil in this area will be stripped and incorporated into a small berm that would extend along the western perimeter of Drainage/Basin Area 2, and used to build any slopes after mining this area The topsoil will be seeded as needed to stabilize Diversion ditches will be utilized to divert shed water towards the sediment basin 7) As mining activities extend below the water table, water will be pumped as needed into the newly formed pond formerly known as Drainage/Basin Area 4 and Drainage/Basin Area 3 Excess water will flow over the 12' weirs, across the level spreaders, and dissipate through the 50' undisturbed buffers located at Drainage/Basin Area 4 and DrainageBasin Area 3 After mining operations are complete in Drainage/Basin Area 2, the strip of unexcavated land dividing Drainage/Basin Area 3 and Drainage/ Basin Area 2 will be removed to create one contiguous pond Any topsoil will be used to build any slopes on the western perimeter of Drainage/Basin Area 2, and seeded as needed to stabilize 8) Mining will then begin in Drainage/Basin Area 1 as illustrated on the map The same procedure will be utilized to mine DramageBasin Area 1 as it was to mine Drainage/Basin Area 2 Any topsoil in this area will be stripped and incorporated into a small berm that would extend along the western and northern perimeters of Drainage/Basin Area 1, and used to build any slopes after mining this area The topsoil will be seeded as needed to stabilize Diversion ditches will be utilized to divert shed water towards the sediment basin 9) As mining activities extend below the water table, water will be pumped as needed into the newly formed pond formerly known as Drainage/Basin Area 4, 3, and 2 Excess water will flow over the 12' weirs across the level spreaders, and dissipate through the 50' undisturbed buffers located at Drainage/Basin Area 4, 3, and 2 After mimng operations are complete in Drainage/Basin Area 1, the strip of unexcavated land dividing Drainage/Basin Area 2 and Drainage/ Basin Area 1 will be removed to create one contiguous pond Any topsoil will be used to build any slopes on the western and northern perimeters of Drainage/Basin. Area 1, and seeded as needed to stabilize 10) After all mining activities are complete, any remaining topsoil stockpiled will be used to build the slopes of the pond to a grade of 3 1 or flatter above the water table, and permanently seeded The sediment basins and level spreaders have been located so that any overflow from dewaterirg activities or extreme rainfall events will take a natural course to the closest wetland Water will be pumped at a rate not to exceed 95,000 gallons per day, utilizing a floating centrifugal pump The estimated volume of water withdrawal from dewatering activities will be recorded Storm water will be managed within the pit utilizing silt fence, diversion ditches, sediment basins, level spreaders, buffers, and berms when topsoil is available Reference is made to the site plan, which illustrates the design specifications and calculations for the sediment basins and the level spreaders The closest surface waters to the proposed mining operations are Hwtt Bay to the west and Cumbee Bay to the East By nature, a bay is a low lying swampy area closely related to a wetland that collects surface water Any discharge into sediment basins, and subsequent overflow across level spreaders and undisturbed buffers, will take a normal course to wetland areas that are associated with Cumbee Bay This discharge will not cause an exceedance of the water quality standards of Cumbee Bay The sediment basins and resulting retention ponds have been designed for a 25 year peak storm event There will be unexcavated and undisturbed buffers established between the mine footprint edges and the respective wetland edges The 50' undisturbed buffer on the eastern edge of the mine will be adequately marked with painted posts to ensure that heavy equipment does not enter into this area and land disturbing activities do not occur There are wetlands located on the eastern and western sides of the mine footprint edge The western wetland's closest point to the mine footprint edge is approximately 390 feet The eastern wetland's closest point to the mine footprint edge is approximately 55 feet The sediment basins, resulting retention ponds, and level spreaders have been designed to shed water towards the eastern wetlands, which are the closest There is a small 0 25 acre wetland on the northern side of Drainage/Basin Area 1, approximately 25 feet away Due to the nature and size of this wetland, seasonal changes have a greater impact on its condition, more so than the occasional short term dewatenng of Drainage/Basin Area 1 Barnhill Contracting Company and NCDENR- Division of Water Quality will work together to inspect and monitor the wetlands that appear within the property boundary Barnhill Contracting Company will install two (2) shallow monitoring wells at approximately 7 feet deep in the eastern and western wetlands at their closest point to the mine Reference is made to the site map for the approximate locations of these wells These wells will be inspected monthly and the data recorded will be submitted to the Wilmington Regional Office on a quarterly basis Barnhill Contracting Company will inspect and monitor the wetlands to reaffirm the presence of the jurisdictional wetland line and soils, as well as, for the instability, erosion, sloughing, subsidence, collapse, newly formed sinkholes, wetland vegetation degradation, and/or flooding of wetland from discharge activities Barnhill Contracting Company does not foresee any impacts to the adjacent wetlands, but will secure the appropriate 401 Permit if the need arises Together with data collected by NCDENR- Division of Water Quality from their inspections, Barnhill Contracting Company and NCDENR- Division of Water Quality can determine if there are any detrimental impacts to the property's wetlands During inspections conducted by Barnhill Contracting Company, if there are any detrimental impacts to the property's wetlands discovered, Barnhill Contracting Company will immediately cease dewatering activities, and report the discovery to NCDENR- Division of Water Quality Wilmington Regional Office Together, Barnhill Contracting Company and NCDENR- Division of Water Quality will determine how these impacts can be abated Should you require any additional information, please do not hesitate to contact us Yours very truly, Barnhill Contracting Company 4-e 41-- Jonathan Proctor Estimator/Project Manager . . moo u CC -%a zo-z 517 BARNHILL CONTRACTING COMPANY 231 1 North Main Street Po Box 1529 Tarboro North Carolina 27886 252 823 1021 Fax 252 823 0137 www barnhrllcontracting cam P O Box 1529 Tarboro, NC 27886 Phone 252-823-1021 Fax 252-823-0137 February 26, 2010 Ms Linda Willis Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Ms Willis MAR 0 12010 N 44c, RE Vamum Mine No 10-78 Brunswick County Operations and Monitoring Plan Ub� We have developed an Operations and Monitoring Plan for the Varnum Mine to Brunswick County, North Carolina to ensure that any dewatering activities that may occur in correlation with mining activities shall not have any adverse effects on any wetlands that may be present on the property Reference is made to the site plan that accompanies this Operations and Monitoring Plan, which illustrates the mining activities as they shall occur on the site A wetland delineation was performed by Land Management Group, Inc in May, 2007 This wetland delineation has been incorporated into the site plan which accompanies this O & M Plan Reference is made to the letter and signed survey, dated February 24, 2010, from Ronnie Smith with the US Army Corps of Engineers stating that they approve the wetland delineation The type of discharge that will be present on the site will be mine dewatering Reference is made to the site plan that illustrates the points of discharge from the none Barnhill Contracting Company proposes to dewater mining operations through the following sequence of events 1) Erosion Control items will be installed prior to any mining activities on the site Sediment Basins, Diversion Ditches, and Level Spreaders will be installed per plan design before coming activities begin in any Drainage/ Basin Area 2) Mining will begin in Drainage/Basin Area 4 as illustrated on the map Any topsoil in this area will be stripped and incorporated into a small berm that would extend around the southern and western perimeter of-Drainage/Basin Area 4 The topsoil within these berms would be used to build any slopes after mining this area The topsoil berms will be seeded as needed to stabilize We do not anticipate any appreciable amount of topsoil that would require stockpiling in any berms around any of the Drainage Areas Diversion ditches will be utilized to divert shed water towards the sediment basin 3) As mining activities extend below the water table, water will be pumped as needed into Sediment Basin,4 Excess water will flow over the 12' weir, across the level spreader, and dissipate through the 50' undisturbed buffer After mining operations are complete in Drainage/Basin Area 4, any topsoil will be used to build slopes on the western and southern perimeters, and seeded as needed to stabilize The 12' Weir and associated level spreader will remain in place for Drainage/Basin Area 4 4) Mining will then begin in Drainage/Basin Area 3 as illustrated on the map Any topsoil in this area will be stripped and incorporated into a small berm that would extend along the western perimeter of Drainage/Basin Area 3, and used to build any slopes after mining this area The topsoil will be seeded as needed to stabilize Diversion ditches will be utilized to divert shed water towards the sediment basin 5) As mining activities extend below the water table, water will be pumped as needed into the newly formed pond formerly known as Drainage/Basin Area 4 Excess water will flow over the 12' weir, across the level spreader, and dissipate through the 50' undisturbed buffer After mining operations are complete in Drainage/Basin Area 3, the strip of unexcavated land dividing Drainage/Basin Area 4 and Drainage/ Bann Area 3 will be removed to create one contiguous pond Any topsoil will be used to build any slopes on the western perimeter, and seeded as needed to stabilize 6) Mining will then begin in Drainage/Basin Area 2 as illustrated on the map The same procedure will be utilized to nune Drainage/Basin Area 2 as it was to mine Drainage/Basin Area 3 Any topsoil in this area will be stripped and incorporated into a small berm that would extend along the western perimeter of Drainage/Basm Area 2, and used to build any slopes after mining this area The topsoil will be seeded as needed to stabilize Diversion ditches will be utilized to divert shed water towards the sediment basin 7) As mining activities extend below the water table, water will be pumped as needed into the newly formed pond formerly known as Drainage/Basin Area 4 and Drainage/Basin Area 3 Excess water will flow over the 12' weirs, across the level spreaders, and dissipate through the 50' undisturbed buffers located at Dramage/Basin Area 4 and Drainage/Basin Area 3 After mining operations are complete in Drainage/Basin Area 2, the step of unexcavated land dividing DramageBasin Area 3 and Drainage/ Basin Area 2 will be removed to create one contiguous pond Any topsoil will be used to build any slopes on the western perimeter of Drainage/Basin Area 2, and seeded as needed to stabilize 8) Mining will then begin in Drainage/Basin Area I as illustrated on the map The same procedure will be utilized to mine Drainage/Basin Area 1 as it was to mine Drainage/Basin Area 2 Any topsoil in this area will be stripped and incorporated into a small berm that would extend along the western and northern perimeters of Drainage/Basm Area 1, and used to build any slopes after mining this area The topsoil will be seeded as needed to stabilize Diversion ditches will be utilized to divert shed water towards the sediment basin 9) As mining activities extend below the water table, water will be pumped as ss�-'-'-'` needed into the newly formed pond formerly known as DrainageBasin Area 4, 3, and 2 Excess water will flow over the 12' weirs, across the level spreaders, and dissipate through the 50' undisturbed buffers located at Drainage/Basin Area 4, 3,�°`�''''' and 2 After mining operations are complete in Drainage/Basin Area 1, the strip of unexcavated land dividing Drainage/Basin Area 2 and Drainage/ Basin Area 1 will be removed to create one contiguous pond Any topsoil will be used to build any slopes on the western and northern perimeters of Drainage/Basin Area 1, and seeded as needed to stabilize 10) After all mining activities are complete, any remaining topsoil stockpiled will be used to build the slopes of the pond to a grade of 3 1 or flatter above the water table, and permanently seeded The sediment basins and level spreaders have been located so that any overflow from dewatering activities or extreme rainfall events will take a natural course to the closest wetland Water will be pumped at a rate not to exceed 95,000 gallons per day, utilizing a floating centrifugal pump Storm water will be managed within the pit utilizing silt fence, diversion ditches, sediment basins, level spreaders, buffers, and berms when topsoil is available Reference is made to the site plan, which illustrates the design specifications and calculations for the sediment basins and the level spreaders Included in this plan submittal are copies of Table 1-4, Rational Method Runoff Coefficients and Pomt Precipitation Frequency Estimates for Brunswick County The closest surface waters to the proposed mining operations are Huitt Bay to the west and Cumbee Bay to the East By nature, a bay is a low lying swampy area closely related to a wetland that collects surface water Any discharge into sediment basins, and subsequent overflow across level spreaders and undisturbed buffers, will take a normal course to wetland areas that are associated with Cumbee Bay This discharge will not cause an exceedance of the water quality standards of Cumbee Bay The sediment basins and resulting retention ponds have been designed for a 25 year peak storm event There will be unexcavated and undisturbed buffers established between the mine footprint edges and the respective wetland edges There are wetlands located on the eastern and western sides of the mine footprint edge The western wetland's closest point to the mine footprint edge is approximately 390 feet The eastern wetland's closest point to the mine footprint edge is approximately 55 feet The sediment basins, resulting retention ponds, and level spreaders have been designed to shed water towards the eastern wetlands, which are the closest There is a small 0 25 acre wetland on the northern side of Drainage/Basin Area 1, approximately 25 feet away Due to the nature and size of this wetland, seasonal changes have a greater impact on its condition, more so than the occasional short termm dewaterng of Dratnage/Basin Area 1 Barnhill Contracting Company and NCDENR- Division of Water Quality will work together to inspect and monitor the wetlands that appear within the property boundary Barnhill Contracting Company will inspect and monitor the wetlands tom,,-" reaffirm the presence of the jurisdictional wetland line and soils, as well as, for the instability, erosion, sloughing, subsidence, collapse, newly formed sinkholes, wetland vegetation degradation, flooding of wetland from discharge activities, and/or removal of,w hydrology of wetlands These inspections will be performed on those days when o� dewatenng activities are occurring Any impacts to the wetlands will be recorded, along }a with the estimated volume of water withdrawal from dewatenng activities o �1 Together with data collected by NCDENR- Division of Water Quality from theira`O inspections, Barnhill Contracting Company and NCDENR- Division of Water Quality can determine if there are any detrimental impacts to the property's wetlands During inspections conducted by Barnhill Contracting Company, if there are any detrimental impacts to the property's wetlands discovered, Barnhill Contracting Company will immediately cease dewatenng activities, and report the discovery to NCDENR- Division of Water Quality Wilmington Regional Office Together, Barnhill Contracting Company and NCDENR- Division of Water Quality will determine how these impacts can be abated Should you require any additional information, please do not hesitate to contact IM Yours very truly, Barnhill Contracting Company Jonathan Proctor Engineer/Project Manager Enclosures Table 1-4 Rational Method Runoff Coefficients for Agricultural Areas (Taken from Schwab et al , 1971) Vegetation Runoff Coefficient, C Slope Sandy Loam' Clay and Silt Loarn2 Tight Clay Ferest 0-5% sloe 010 030 .040 5-10% sloe 025 035 050 10-30% sloe 030 050 060 Pasture 0-5% sloe 010 030 040 5-10% sloe 016 036 055 10-30% sloe 022 042 060 Cultivated 0-5% sloe 030 050 060 5-10% sloe 040 060 070 10-30% sloe 052 072 082 'Equivalent to Soil -Cover -Complex Hydrologic Soil Group A. 2Equivalent to Soil -Cover -Complex Hydrologic Soil Group B and C 3Equivalent to Soil -Cover -Complex Hydrologic Soil Group D Runoff Coefficient The watershed characteristics that contribute to the attenuation of the precipitation to produce the peak runoff rate, are summarized in a single parameter known, in the Rational Method, as the runoff coefficient The runoff coefficient, C is a dimensionless parameter between 0 0 and 1 0 depending on the watershed soil's infiltration rate, the land use and the land slope Soils with rapid infiltration rates, such as sands, have low runoff coefficients (eg 0 0 to 0 30), while soils with slow infiltration rates, such as clays have much higher runoff coefficients Impermeable areas such as roofs and parking lots have runoff coefficients of 1 00 or nearly 1 00 The influence of vegetation on infiltration rate is two -fold First, the denser and larger the vegetative cover, the more rain Will Cie intercepted and not reach the soil surface Second, the presence of deep-rooted vegetation tends to improve soil structure and increase infiltration The combined interaction of the soil's infiltration (expressed as soil texture), land use, and slope on the runoff coefficient for the Rational Method is summarized in Tables 1-4, 1-5, and 1-6 The runoff coefficient, C, is technically defined as the ratio of the peak runoff rate to the rainfall intensity From a practical standpoint, C can be viewed as the fraction of rain that becomes runoff `�EIVED MAR 01 2010 Updated 11 /30108 11 of 63 Level III-B Text Precipitation Frequency Data Server Yage 1 of -i A POINT PRECIPITATION FREQUENCY ESTIMATES e FROM NOAA ATLAS 14_ North Carolina 33 995 h 78 243 W 26 feet from li s jntatron Frequency Adas of the United Statemrsi s NOAA Adas 14 Volue 2 Veon 3 G M Bonnin 0 Martin B Lm T Parzybok M Yekta and O Riley NOAA, National Wmha Savtce Siva Spnn& Maryland 2004 Extracted Mon Dee 7 2009 Confidence Lrmrts Seasonality If Location maps ) t)thef into GIS data i Maps Rocs 12etum to State Map Precipitation Intensity Estimates (inthr) AEP" - 5 mrn 10 �� l� min 30 mrn 6U mrn ❑ g120 3 hr6 hrTmrn I_ hr 2a hr 38 hr a day 7 day 10 dam 0 da% M�J�(IE r-2--j69t 552 463 20 2p0 120 086 54 D31 Oi8 010 006 p04 003 002 002 001 001 8 49 6 80 5 73 4 07 2 61 k 61 1 15 0 72 0 42 q 25 0 14 0 08 4 05 O Lla 0 03 0 02 q 02 D 01 1D 961 768 648 470 306 192 139 087 O51 030 017 009 006 005 003 002 002 002 DKJ ]089 868 733 543 362 234 171 107 064 038 02[ 011 007 005 003 003 002 002 5p 11 84 9 44 7 96 6 00 4 06 2 69 1 99 1 25 0 75 0 45 0 25 0 13 0 08 006 D 04 0 03 0 02 0 02 ttN1 2fl0 12 81 13 77 t0 18 10 91 8 58 9 18 6 57 4 52 3 06 : 29 1 45 08 0 53 O 29 0 15 0 59 D 07 D 04 0 03 ]ffj 6 02 7 14 5 Ol 3 46 2 63 1 66 1 O1 4 61 0 34 0 17 0 11 0 08 4 05 0 04 003 0 02 ®1500 16 06 1]86 12 65 995 10 59 792 568 8 57 6 26 405 312 199 122 075 O41 021 013 009 006 004 003 003 tO 4 55 3 Sb 2 28 141 0 87 0 47 0 24 0 14 0 10 0 06 0 OS 0 03 0 03 These precpMon treoueney eatirnates are based on an annual rnaxioa §M AEP is the Annual Exceedance Probabilk Pleasa refer to NOAA Atlas 14 DQ_qument for more rrdomtacon NOTE Famamng fe = estrnses Bear zero to appear as zero Upper bound of the 90% confidence interval Precipitation Intensity Estimates (rn/hr E_P mla meo men mrn min min hr hr hr hr hr da da da da da da da �2 747 597 501 3A6 2 k7 132 095 059 035 020 012 006 004 003 002 002 001 001 -]F- 7 34 6 19 4 40 2 82 176 1 27 0 80 0 47 0 28 0 16 0 08 0 05 0 04 0 43 4 02 0 42 0 02 I O 10 3$ 8 30 7 00 5 07 3 34 2 10 k 53 0 9b 0 57 0 33 0 19 0 10 0 06 0 05 0 03 0 03 0 02 0 02 25 11 74 9 35 7 90 5 65 3 90 2 55 1 88 1 18 0 71 0 42 0 24 0 12 0 08 O 06 O 07 0 04 0 04 0 03 IF6021 O 03 0 03 0 02 0 02 50 12 76 10 17 8 59 6 4b 4 38 2 93 2 i 9 ] 38 0 83 0 49 0 28 0 14 0 09 1 p0 13 82 { 0 97 9 25 7 08 4 88 3 33 I 2 52 1 59 0 97 0 58 0 32 D 17 Efl O 08 4 05 0 04 0 03 200 ] 4 86 11 77 9 90 7 71 5 4D 3 77 2 88 1 83 1 12 O 68 0 38 0 19 0 12 0 09 O- 0 04 0 03 IN ® 16 23 12 84 ] 0 77 8 57 6 15 4 42 3 43 2 14 ] 35 0 83 0 46 0 23 0 14 0 10 0 06 0 05 0 03 1 OOD 17 43 The upper bound d the onhdenee uRnvai 9 W%tonfrdenoe ieve is. the value wlWh 5%of fhe smtdaled quarmfe vaWrs for a groan hequemy are great& Cyan "These precopilabon frequency estimates are based on an an,no maxima serves AEP is the Annual Exceedarxe Pmbadldy Please refer to NOAA Atlas 14 Document for more information. NOTE Fomlatbng prevents estimates near zem M appear as zero * Lower bound of the 90% confidence interval Precipitation Intensity Estimates (in/hr) EV* 15 30 bfl 12fl 6 Iz 7A 48 4 7 Io 20 30 A + 5 l0 45 60 min min min men mrn mrn hr hr hr hr hr day day day day day day 11 day 0641 512 �296 186 ! li 079 049 428 Oil OIA 605 033 003 OO2 OO2 001 001 �786 629 531 377 242 l48 146 066 038 O23 013 007 0OS 004 002 002 002 001 10 8 88 7 10 5 48 4 34 2 82 l 76 127 0 79 0 46 4 28 0 16 0 09 0 05 0 04 0 03 D 02 0 02 0 02 25 10 02 7 98 6 74 4 99 3 32 2 13 l 55 0 97 0 57 0 34 O 19 O t 0 D 07 0 05 0 03 0 03 0 02 0 02 ® 1085 864 729 549 372 244 1 79 1 12 066 440 022 012 D08 ODb 004 OD3 002 002 I0p I ] 65 9 26 7 80 5 47 4 ] ] 2 76 2 05 1 29 0 77 0 46 0 26 0 14 O 09 O 06 0 04 0 D3 02 O 02 2fl0 12 44 9 86 8 29 6 46 4 53 3 10 2 33 1 46 4 88 O 53 0 30 D l 5 O 10 0 07 0 09 0 03 0 43 D 02 ® l3 --IF62 8 91 7 09 5 08 3 59 2 73 1 73 ! 04 0 64 0 35 D 18 0 11 0 68 0 05 0 44 0 03 0 02 1004 14 25 1 1 22 9 39 7 60 5 55 4 Ol 3 08 1 96 1 18 0 73 0 40 0 20 0 12 0 49 0 OS 0 04 0 03 0 03 The lower bound of the confiders urtemal 8190%confdence level is the value which 5%of the simulated quantle values for a gwen frequency ana less than "These prewdahon frequency estimates are based on an annual maxima sWM AEP is the Annual Exceedance Prmabrkly http //hdse nws noaa gov/cgl-bin/hdsc/bulldout perl?type=ldf&units=us&senes=am&state 12/7/2009 Action Id SAW-2010-00039 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT County Brunswick U S G S Quad Supply NOTIFICATION OF JURISDICTIONAL DETERMINATION Applicant/Property Owner Mr Bennett Wall Agent Mr Corey Novak Barnhill Contracting Company Land Management Group, Inc Address 2311 North Main Street Post Office Box 2522 Tarboro, NC 27886 Wilmington, NC 28402 Phone Number Property description Size (acres) 98 Nearest Waterway Big Branch USGS HUC 030402070105 Nearest Town Royal Oak S-.ramp River Basin Lumber Coordinates N 34 01537 W —78 32840 Location description The property is located off of RovaI Oak Road NW, east of the intersection of Roval Oak Road NW and Deer"ood Trail NW, south of Royal Oak Swamp, northeast of Shallotte, Brunswick County, North Carolina Parcel number 16700076 Indicate Which of the Following Apply - Based on preliminary information, there may be wetlands on the above described property We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction To be considered final, a jurisdictional determination must be verified by the Corps This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331) There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification X There are waters of the US including wetlands on the above described property_ subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change_in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification We strongly suggest you have the waters of the U S on your property delineated Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner for a more timely delineation, you may wish to obtain a consultant To be considered final, any delineation must be verified by the Corps The wetland on your property have been delineated and the delineation has been verified by the Corps We strongly suggest you have this delineation surveyed Upon completion, this survey should be reviewed and verified by the Corps Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years X The ►,raters of the U S including %%etlands have been delineated and surseyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on February 24, 2010 Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification There are no waters of the U S , to include wetlands present on the above described property which are subject to the permit _ requirements of Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification X The property is located in one of the 20 Coastal Counties sub ect to regulation under the Coastal Area Mana ement Act CAMA You should contact the Division of Coastal Mana ement in Wilmington, NC at 910 796-7215 to determine their requirements Page 1 of 2 Action ID 2010-00039 Placement of dredged or fill material within waters of the US and/or wetlands without a Department ofthe Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 131 1) It you have any questions regarding this determination and/or the Corps regulatory program, please contact Ronnie Smith at (910) 251-4829 Basis For Determination This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adiacent to an unnamed tributary of Roval oak Swami), a tributary of the Lockxoods Folly River, which is a navigable water of the United States This determination is based on information prosided by Land Management Group, Inc and a site visit conducted bN Ronnie Smith of the U S Army Corps of Engtneers on January 12, 2010 Remarks This site also contains isolated wetlands which are not subject to the permit requirements of Section 404 of the Clean Water Act However, isolated wetlands are subiect to regulation by the State of North Carolina Prior to starting work, you should contact Mr Chad Coburn with the North Carolina Division of Water Qualitv Their address is as follows NCDENR-DWO, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Appeals Information (This information applies only to approved jurisdictional determinations as indicated above) This correspondence constitutes an approved jurisdictional determination for the above described site If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331 Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following address District Engineer, Wilmington Regulatory Division Ann Ronnie Smith, Project Manager, Wilmington Regulatory Field Office 69 Darlington Ave Wilmington, North Carolina 28403 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331 5, and that it has been received by the District Office within 60 days of the date of the NAP Should you decide to submit an RFA form, it must be received at the above address by April 26. 2010 **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence Corps Regulatory Official Ronnie Smith Date February 24, 2010 Expiration Date February 24, 2010 Corps Regulatory Official (Initial) RDS FOR OFFICE USE ONLY • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form • A copy of the `Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form If the property contains isolated wet land slwaters, please indicate in `Remarks' section and attach the ` Isolated Determination Information Sheet' to the file copy of this form Page 2 of 2 ����,�APPEAL,�OP�TIONS A`NI�ROC�ESS�AND Applicant Barnhill Contracting Company Ftle Number 2010- Date February 24, 2010 00039 Attached is signed survey See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E 'SECTION I' The following identafes�yaur riglits'and options regarding �"anGd-mi"nis rative.ap ep al�of�thefabove =- Lam• }�.y{s��� a �-� ���� .�•--�..�„ � .��. �- �. j.�. ��yi' �-`ifl- 3y.. S.i r� i3ilti` 'r' ! �^�.t"t0 � 4 decision` yAdditionaitinformation ma} be faundiat htf //��vrv�liusace aria -mil/inet/functions/ew/cecwohe O- r`t,_`�s2",n�',.+A�" .,u`T"`-�`'rs�' b _i" r�. ,i%a' - zs'T'.,"rt°!, S ulations;at 33 CFR P,art1330 s��� g � � w "_� A INITIAL PROFFERED PERMIT You may acceptor object to the permit • ACCEPT if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit + OBJECT If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly You must complete Section I1 of this form and return the form to the district engineer Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future Upon receipt of your letter, the district engmeer will evaluate your objections and maN (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below B PROFFERED PERMIT You may accept or appeal the permit • ACCEPT If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive al l rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit • APPEAL If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section Il of this form and sending the form to the division engineer This form must be received by the division engineer within 60 days of the date of this notice C PERMIT DENIAL You may appeal the denial of permit under the Corps of Engineers Administrative Appeal Process by completing Section if of this form and sending the form to the division engineer This form must be received by the division engineer within 60 days of the date of this notice D APPROVED JURISDICTIONAL DETERMINATION You may accept or appeal the approved JD or provide new information • ACCEPT You do not need to notify the Corps to accept an approved JD Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD • APPEAL If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer This form must be received by the division engineer within 60 days of the date of this notice E PRELIMINARY JURISDICTIONAL DETERMINATION You do not need to respond to the Corps regarding the preliminary JD The Preliminary JD is not appealable If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction Also you may provide new information for further consideration by the Corps to reevaluate the JD N'S TF400,1ERMI3T';� tSECTiIQN�II REQiJEST;�FOR A;PPEA`L tior OBJECTI_NS TO:AN;INITI,AF1PRUI � REASONS FOR APPEAL OR OBJECTIONS (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record ) ADDITIONAL INFORMATION The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record Neither the appellant nor the Corps may add new information or analyses to the record However, you may provide additional information to clarify the location of information that is already in the administrative record 64 i-0N,— ►-0FiG0 T-AZ-T EOR�QUES2ff-0 1S OR&INEOR_M MT, IONW4 If you have questions regarding this decision and/or If you only have questions regarding the appeal process the appeal process you may contact you may also contact Ronnie Smith Mr Mike Bell, Administrative Appeal Review Officer USAED-RG CESAD-ET-CO-R 69 Darlington Avenue U S Army Corps of Engineers, South Atlantic Division Wilmington, NC 28403 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-880I RIGHT OF ENTRY Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations Date Telephone number Signature of appellant or agent For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to. District Engineer, Wilmington Regulatory Division, Attn Ronnie Smith, Project Manager, Wilmington Regulatory Field Office, PO Box 1890, Wilmington, North Carolina 28402 For Permit denials and Proffered Permits send this form to Division Engineer, Commander, U S Army Engineer Division, South Atlantic, Attn. 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North Carolina Beverly Eaves Perdue Govemor Mr T Bennett Wall Barnhill Contracting Company P O Box 1529 Tarboro, NC 27886 Dear Mr Wall, NCDENR Department of Environment and December 10, 2009 Natural Resources Dee Freeman, Secretary The Division of Water Quality (DWQ) received your letter (with attachments), dated December 2, 2009 A review of the project area using Google and the Brunswick County Soil Survey reveals the mine site is in between two large Carolina Bays (Muitt Bay and Cumbee Bay) The soils maps indicates a good potential for wetlands associated with the soil types identified in that vicinity The map provided to the Division with your letter shows wetlands identified within the mine site boundary The wetlands within the mine boundary and adjacent to the mine boundary must be delineated before any land clearing is done All wetlands Identified should be flagged at the boundary and have silt fencing placed at least 50 feet from the wetland boundary (flags) to ensure heavy equipment does not disturb this buffer Any dewatering should be directed to the wetlands in a diffuse manner that does not cause channelizing or erosion Any wetland that does not have water directed to it from the dewatering activities should be monitored using shallow wetland monitoring wells Enclosed is guidance provided by the U S Army Corps of Engineers (U S A C O E ) Please use this guidance when developing the Operations and Monitoring Plan required by the NPDES General Permit NCG020000 I would recommend monitoring the wetland monitoring wells at least two times per week Inspections of the wells should be included at least monthly to ensure the wells are functioning properly Also, the well construction should be in accordance with the requirements specified in NCAC Title 15A 2C 0100 (Well Construction Standards) Please ensure your settling basins are designed to reduce turbidity in order that the discharge is of sufficient quality to meet water quality standards The turbidity standard for class C-Sw waters of the State is 50 Nephelometnc Turbidity Units (NTU) Please forward to this office a copy of the Operation and Monitoring plan when it is complete Include a map that shows the wetland delineation and signed verification from the U S A C O E Should you have any questions regarding this correspondence, please do not hesitate to contact me at 910-796-7343 or at llnda willisancdenr gov Enclosure CC WRO NCG020 Brunswick (w/o att) Sincerely, Linda Willis Env Eng I Division of Water Quality Surface Water Protection Section 1601 Mall Service Center, Raleigh North Carolina 27699-1601 Phone 919-733-49841 FAX 919-715-30601 Internet www enr state nc us/ENRI NorthCarolina ;Vatumlly Ar -Equal Opoortvi y I Amrnat€ve Act€arn Employer 50 % Recyclea 1, 10 ;5 Post cansumer Paper 4 NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Governor Mr T Bennett Wall Barnhill Contracting Co PO Box 1529 Tarboro, NC 27886 Dear MIr ;Vall Coleen » Sullins Director Natural Resources Dee Freeman �-� Secretary November 3, 2009 AFC Q 4 100 �= Y 9 Subject General Permit No NCG020000 Vamum Pit, NCG 020759 Brunswick County / The Division of Water Quality's Stoimwater Pemutttng Unit received a National Pollutant Discharge Elimination System (NPDES) permit application for Vamunm Pit on October 26, 2009 The application included a copy of an associated mining permit and pending modification subrrntted to the Division of Land Resources (DLR) Please be aware that the issuance of an NPDES permit is contingent upon the issuance of an associated mining permit from DLR Our office will process your stormwater pen -nit application once the modification to the DLR mining pemut has been issued for your project to allow mine dewatenng Please also be aware that since your project is located near wetlands, your NPDES pen -nit will require dewatenng operations without wetland impacts The specific requirements for mine dewatenng at facilities near wetlands can be found in the text of the general NPDES mining permit number NCG 020000 available on our website, http //h2o enr state nc us/su/Forms_Documents him See Section C, Part 1 of the pennit on the page labeled, Part IIIPage 5 of 9" An approved Operation and Moratonng Plan is required forNPDES-permittedmiring facilities Discharging mine dewatenng wastewater without Plan approval will be subject to enforcement action An O&IM Planfor your facility must be submitted to the Wilmington Regional Office We encourage you to contact Linda Willis at the Wilmington Regional Office at (910) 796-7215 to address any wetland concerns for your facility in order to ensure a successful NPDES application review It you have any questions concerning the NPDES permit approval process, please contact rive at telephone number (919) 807-6375 Sincerely, Robert D Patterson, PE Environmental Engineer cc Wilmington Regional Office, Linda Willis Central Files SPU Files 1617 Mail Service Center Raleigh North Carolina 27699 1617 Location 512 N Salisbury St Raleigh !North Carolina 27604 One i Phone 919-807 63001 FAX 91M07 64921 Customer Service 1 877-623 6748 Not thCat of i na }Internet uvuvwr ncwaterquahty org Naturally /"/, , An Equal Opportunity 1 Affirmative Action Employer N'/ J JOS! SUB JOB NO F CO I DIV 1 0 I VENDOR _ 4227 REFERENCE �" CHECK N0'- 675653 _INV NUMBER $00 INV DATE I__ 10/23/09 _ DESCRIPTION -- � PERMIT AP-VARNUM GROSS AMOUNT DISCOUNT.., =_ NET.AMOUNT- 10000 00 10000 DETACH AND RETAIN THIS STATEMENT TH6 ATTACHED CllBCK IS 7N PAYMENT OF ITEMS DBSCRISHD AEDVH IF NOT CORRECT PLP.ASE NOTIFY US PROMPTLY NO RECEIPT DESIRED K r TOTALS= -=A t J 10000 00 10000 PAY One Hundred Dollars and 00 Cents TO NCDENR - DIVISION OF THE WATER QUALITY ORDER 1617 MAIL SERVICE CENTER OF RALEIGH NC 27699-1617 BRANCH BANKING AND TRUST 66�112 COMPANY 531 TARBORO NORTH CAROLINA CHECK DATE CHECK NO 10/23/2009 675653 CHECKAMOLINT ♦*******i00 00 VOID AFTER 90 DAYS VOID l COPY r i NORTH CAROLINA DEPARTMENT OF ENVIROYMENT� AND NATURAL RESOURCES o LAND QUALILTY SECTION n p 1 APPLICATION FOR A MINING PERMIT o (PLEASE PRINT OR TYPE) 1. Name of Mine VARNAM PIT County BRUNSWICK River Basin LUMBER RIVER Latitude(dd.mm.ss) Longitude (dd.mm.ss) I Name of Applicant* BARNHILL CONTRACTING COMPANY 3. Permanent address for receipt of official mail** 2311 N MAIN STREET TARBORO, NORTH CAROLINA 27886 Telephone (252) 823 - 1021 _ 4. r Mine Office Address 2311 N MAIN STREET TARBORO, NORTH CAROLiNA 2786 Telephone (252) 823 —1021 5. Mine Manager T BENNETT WALL 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 an willful misrepresentation of facts will be cause for permit revocation. n D ��� ***Signature i ��r.��,% Date /Q Z5 - . Print Name A.LIEEN BARNHILL Title VICE PRESIDENT This will be the name that the mining permit will be issued to and the naive that must be indicated on the reclamation bond (security) that corresponds to tlus site ** The Land Quality Section must be notified of any changes in the permanent address or telephone number *** Signature of copipany officer required G S 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held within 30 days following the hearing and the filing of any supplemental information required by the Department All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must he clearly conveyed on a corresponding, detailed mine map. A GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply a If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon) T Of this acreage, how much is owned and how much is leased? Acres owned Acres Leased Property owner if leased - b If this is an application for a RENEWAL of a miring permit, indicate the mining permit number And the total (overall) acreage covered by the existing permit Mining Permit No Total permitted acreage (thus is the acreage that the "renewal" fee will be based upon) c If tlus is an application for a MODIFICATION to a raining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit Mining Permit No 10-7$ Total permitted acreage 98 Does the modification involve acreage within the previously approved permitted boundary? Yes x 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) -98 _ Does the modification involve acreage outside the previously approved permitted boundary? Yes No x 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 musing operation? Yes_ No , (if no, a "minor modification" fee of $SO 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 musing permit number and the total (overall) acreage covered by the existing permit Minirig 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 ACREAGED NOTED .ABOVE. 2 Name of all materials mined SAND, CLAY OR OTHER EARTHEN MATERIALS 3 Mining method Hydraulic Dredge Front-end Loader & Truck Shovel & Truck Dragline & Truck Self -loading Scraper ^ Other (explain) EXCAVATOR & TRUCKS APPLICATION FOR A MINING PERMIT 4 a Expected maximum depth of mine (feet) 25 feet Depth is relative to what benchmark? (e g , natural ground level, mean sea level, road elevation, etc ) NATURAL GROUND LEVEL b Expected average depth of mine (feet) 15 feet 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 conducted9 6 Number of years for which the permit is requested (10 years maximum) 10 Years 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 1 -- 7 5 minute quadrangles may be obtained from N C Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 -- County highway maps may be obtained from Location Department State Highway Commission Raleigh, North Carolina 27602 (919)733-7600 t I APPLICATION FOR A MINING PERMIT 2 Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate acreage Asa 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 mrrumum 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 [units of clearing and grading d Outline and width of all buffer zones (both undisturbed and unexcavated) e Outline and acreage of all pits/excavations f Outline and acreage of all stockpile areas g Outline and acreage of all temporary and/or permanent overburden disposal areas h Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed) i Locations and names of all streams, rivers and lakes j Outline and acreage of all settling and/or processing wastewater ponds k Location and acreage of all planned and existing access roads and on -site haul roads 1 Location of planned and existing on -site buildings in Location and dimensions of all proposed sediment and erosion control measures n Location of I00 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 iruning 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 nght-of=way, if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mule tract, names of owners of record of tracts adjoiung these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mule 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 5 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 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 inch = 100 feet 500 + Acres l inch = 200 feet (NOTE Smaller scaled reaps may be acceptable of they clearly illustrate the above items) 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 miring operation that is proposed to be affected/disturbed dunng the life of the mining permit A table/chart similar to the following will be acceptable CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles wastepiles Processing Area/Haul Roads 230 Mine Excavation 200 Buffers 33 NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s) Attach additional sheets as needed A BUILD ACCESS ROAD TO PIT AREA B BEGIN CLEARING & GRUBBING OF THE AREAS TO BE MINED C INSTALL EROSION CONTROL MEASURES AS NEEDED D STRIP TOPSOIL AND STOCKPILE FOR FUTURE USE E EXCAVATE SAND OR OTHER EARTHEN MATERIALS F CONSTRUCT PERIMETER SLOPES AS EXCAVATION CONTINUES ' G SEED AND STABILIZE SLOPES AND DISTURBED AREAS AS MINING ACTIVITY IS COMPLETED H ONCE PERMANENT VEGETATION IS ESTABLISHED, REMOVE EROSION CONTROL ITEMS 2 Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures Locate and label all sediment and erosion control measures on the mute map(s) and provide typical crass-sections/construction details of each measure Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures A STONE CONSTRUCTION ENTRANCE B SEDIMENT BASINS C SILT FENCE D DIVERSION DITCHES 3 a Will the operation involve washing the material mined, recycling process water, or other waste water handlmg9 Yes No X If yes, bnefly describe all such processes including any chemicals to be used b Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State9 Yes X No— If yes bnefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mute map(s) POINT DISCHARGES WILL BE LIMITED TO PUMPING TO ALLOW ACCESS TO EXCAVATIONS PUMPING WILL NOT BE A CONTINUAL OPERATION AND WILL BE ON A LIMITED BASIS AS THIS MINE SITE IS ONLY UTILIZED FOR SPECIFIC PROJECTS, THE NEED TO DEWATER IS LOW A NPDES PERMIT WILL BE AQUIRED PRIOR TO ANY DISCHARGE OF WATER FROM THIS SITE 4 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)9 Yes X No_ If yes, what impact, if any, will mine dewatering have on neighboring wells9 Estimated withdrawal rate in gallons per day 95,000 gal/day Locate all existing wells on the mine map(s) that lie within 500 feet of the proposed excavation area Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates Indicate whether the proposed mine locale is served by a public water system or private wells EXCAVATION AND UTILIZATION OF THIS MINE SITE IS DICTATED BY THE AMOUNT OF DEVELOPMENT IN THE SURROUNDING AREA BECAUSE OF A LIMITED AMOUNT OF DEVELOPMENT IN THE AREA, MINING ACTIVITY AT THIS SITE WILL BE LIMITED ANY DEWATERING AT THIS SITE WILL BE IN ACCORDANCE WITH THE REGULATIONS OF THE DIVISION OF WATER QUALITY BECAUSE OF THE LIMITED USE OF THIS MINE SITE ANY DEWATERING THAT IS REQUIRED WILL NOT AFFECT ANY NEIGHBORING WELLS AT THIS TIME THERE ARE NO WELLS WITHIN 500 FEET OF THE MINE SITE I d If you answered yes to any of the above questions, provide evidence that you have applied for or obta ned the appropriate water quality permit(s) (i e , non -discharge, NPDES, Stormwater, etc ) from the Division of Water Quality, Water Quality Section In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day WE HAVE APPLIED FOR THE NPDES PERMIT A PERMIT WILL BE AQUIRED PRIOR TO DISCHARGING ANY WATER FROM THIS SITE THIS MINE SITE DOES NOT REQUIRE THE USE OF WATER AND WILL NOT WITHDRAW MORE THAN 100,000 GALLONS PER DAY ON A CONTINUAL BASIS, THEREFORE THE CAPACITY USE PERMIT SHOULD NOT BE REQUIRED 4 a Will the operation involve crushing or any other air contaminant emission 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 controlled9 WATER WAGONS AND WATER TANKER TRUCKS WILL BE USED TO CONTROL DUST DURING MINING AND HAULING ACTIVITIES APPLICATION FOR A MINING PERMIT 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, nght-of-way at this site's A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions Show all buffer locations and widths on the mine map(s) A MINIMUM 25 FOOT BUFFER WILL BE ESTABLISHED AROUND ALL PERIMETER BOUNDARIES OF THE PERMITTED AREA IN AREAS WERE THE BOUNDARIES ADJOIN WETLANDS OR RIVER AREAS A MINIMUM 50 FOOT UNDISTURBED BUFFER WILL BE ESTABLISHED b A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified Depending on site conditions, a buffer wider than 50 feet maybe needed How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundary and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine maps) A MINIMUM 50 FOOT UNDISTURBED BUFFER WILL BE ESTA13LISFIED ALONG THE BOUNDARIES ADJACENT TO NATURAL WATERCOURSES IN ORDER TO CREATE SEPARATION BETWEEN MINING ACTIVITY AND ANY WETLAND OR NATURAL WATERCOURSE OUTSIDE THE PERMITTED AREA 6 a Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining Minimum 2 horizontal to I vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes ALL SLOPES ABOVE THE PERMANENT WATER LEVEL WILL BE SLOPED AT A MINIMUM OF 3 HORIZONTAL TO I VERTICAL ALL SLOPES BELOW THE PERMANENT WATER LEVEL WILL BE SLOPED AT A MINIMUM OF 2 HORIZONTAL TO I VERTICAL ALL SLOPES WILL BE SEEDED AND MULCHED AS EXCAVATION WITHIN THE AREAS IS COMPLETED APPLICATION FOR A MINTING PERMIT b Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal Areas, etc ), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization ALL CROSS -SECTIONS ARE SHOWN ON THE MINE MAP AS NOTED ABOVE, ALL SLOPES BELOW THE WATER LEVEL WILL BE A MINIMUM OF 2 AND ALL SLOPES ABOVE THE WATER LEVEL WILL BE A MINIMUM 3 1 c In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping Cross -sections for all cut slopes must be provided on the mine maps) ALL CROSS -SECTIONS ARE SHOWN ON THE MINE MAP AS NOTED ABOVE, ALL SLOPES BELOW THE WATER LEVEL WILL BE A MINIMUM OF 2 AND ALL SLOPES ABOVE THE WATER LEVEL WILL BE A MINIMUM 3 1 d In hardrock excavations, specify proposed bench widths and heights in feet Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation NO 4ARDROCK EXCAVATIONS EXIST ON THIS SITE 7 Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation Locate all such stuuctures on the mine map if they are within 300 feet of any proposed excavation NO EXCAVATION WILL TAKE PLACE WITHIN 100 FEET OF A HOUSE OR DWELLING. AS DICTATED BY THE TYPE OF MATERIAL BEING MINED, THE DEPTH OF EXCAVATION WILL ONLY BE A MAXIMUM OF 25 FEET THE LARGE BUFFER ZONES AND SHALLOW EXCAVATION WILL NOT CAUSE ANY PHYSICAL HAZARDS TO THE SURROUNDING AREAS OR BUILDINGS 8 Describe what kind of barricade will be used to prevent madvertent public access along any high wall area and when'nt will be implemented Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wail barricades A construction detanUcross-section and location of each type of barricade to be used must be indicated on the mine map(s) ALL EXISTING ROADS ARE CURRENTLY GATED TO PREVENT ACCESS TO THIS SITE ALL OTHER PROPERTY LINES ARE ADJACENT TO HEAVILY WOODED AREAS THE THICKLY WOODED AREAS WILL PREVENT ACCESS TO THIS SITE THE ONLY ACCESS TO THIS SITE, FROM A PUBLIC ACCESS IS THROUGH A LOCKED GATE WE 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, bwldtng berms or other measures Show the location of all visual screerng on the mine map(s) and provide cross-sgetions through all proposed berms or proposed spacings, sizes and species for tree plantings THIS SITE IS BORDERED BY HEAVY WOODS THE WOODED AREA WILL PREVENT THE PUBLIC FROM SEEING OR ACCESSING THIS SITE b Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i e , noise, visibility, etc ) be mitigated? NO ONCE THE EXCAVATION IS COMPLETE AND THE SITE RECLAIMED, THE POND OR WETLAND THAT IS CREATED WILL ONLY CONTRIBUTE TO A PARK OR RECREATION AREA THIS SITE IS REMOTE ENOUGH THAT NOISE LEVELS CREATED BY NORMAL MINING ACTIVITY WILL NOT EFFECT THE SURROUNDINGS 11 Will explosives be used? Yes No X If yes, specify the types of explosive(s) and describe what precautions 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-s1te9 Yes_ No X 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) In APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN Describe your uitended 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 maps) 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 PORTIONS OF THIS MINE SITE WILL BE RECLAIMED AS A POND THE POND WILL HAVE AN AVERAGE WATER DEPTH GREATER THAN 4 FEET 2 Is an excavated or impounded body of water to be left as a part of the reclamationo Yes X No_ If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water The minimum 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 X If yes, specify species 3 Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left Acceptable permanent barricades are appropriate fencing, large boulders placed end to end, etc Construction details and locations of all permanent barricades must be shown on the reclamation map NORMAL POOL LEVELS FOR THE PONDS WILL BE APPROXIMATELY 4 FEET BELOW THE NATURAL GROUND LEVEL ALL SLOPES WILL BE SUFFICIENT TO PREVENT FALLING HAZARDS AND WILL BE SUFFICIENT TO ALLOW ANYONE TO PULL THEMSELVES OUT OF THE WATER SHOULD THEY FALL IN W 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 ALL WASTE OR SPOIL GENERATED BY THE MINING OPERATION WILL BE USED TO BACK -FILL AREAS AND STABILIZE SLOPES AS THEY ARE EXCAVATED AS NOTED ABOVE ALL SLOPES WILL BE 2 1 BELOW TH'E WATER LEVEL AND 3 1 ABOVE THE WATER LEVEL 5 a Describe reclaration of processing facilities, stockpile areas, and on -site roadways NO PROCESSING AREAS OR STOCKPILES WILL REMAIN AFTER COMPLETION OF THE EXCAVATION ALL ON -SITE ROADWAYS WILL REMAIN IN PLACE TO PROVIDE ACCESS TO THE PONDS FOR RECREATIONAL USE b Will any on -site roadways be left as part of the reclamation? Yes X No_ If yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization HAUL ROAD WILL BE LEFT TO ACCESS POND AREA 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 and reclamation map, along with a list of items to be disposed in said areas BECAUSE OF THE LIMITED MINING ACTIVITY AT THIS SITE, NO REFUSE WILL BE GENERATED ALL MACHINERY ASSOCIATED WITH THE MINING ACTIVITY WILL BE REMOVED FROM THE SITE UPON COMPLETION OF THE EXCAVATION 1 '1 APPLICATION FOR A MINING PERMIT 7 Describe your plan for revegetation or other surface treatment of the affected areas This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre The recommendations must include general seeding instructions for permanent revegetation and, if necessary, temporary revegetation Revegetation utilising 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 t LIME -- RATE OF APPLICATION (tons/acre) FERTILIZER — ANALYSIS AND RATE OF APPLICATION (pounds/acre) SEED'— TYPES AND RATES OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre) [NOTE Include Legumes) Seed Types: ' Seeding Dates: Seeding Rates: NOTE REFER TO THE ATTACHED NCDOT SEEDING SPECIFICATION FOR DETAILS ON SEEDING AND MULCHING FOR THIS SITE. MULCH — TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING OTHER VEGETATIVE COVERS — TYPE(S) AND RATE(S) OF APPLICATION INCLUDING SEEDING SECHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc). 4 Revegetation dnd/or reforestation plan approved by Signature Print Name T BENNETT WALL Title MINE MANAGER Date 10-14-09 Agency BARNHILL CONTRACTING COMPANY 112 I 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 the approximate acreage, for each aspect of the mini operation, that you intend to affect during the life of this mining permit (in addition, please insert the appropriate reclamation cost/acre, or each category &om the Schedule of Reclamation Costs provided with this appheationform) OR you can defer to the Department to calculate your bond for you based upon your ma s and standard reclamation costs CATEGORY Tailings/Sediment Ponds Stockpiles ' Wastepiles AFFECTED ACREAGE Ac Ac RECLAMATION COST/ACRE* X $ RECLAMATION COST /Ac = $ X $ /Ac = $ Ac X $ Processing Area/Haul Roads Ac Mine Excavation Other Ac /Ac = $ X $ /Ac X $ /Ac Ac X $ /Ac TOTAL AFFECTED AC.: 25.6 Ac. (TOTAL PERMITTED AC.: 98 Ac.) Temporary & Permanent Sedimentation & Erosion Control Measures r Divide the TOTAL AFFECTED AC above into the following two categories a) affected acres that drain into proposed/existmg excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsrte sedimentation and sedimentation to onsite watercourses and wetlands a) Internal Drainage b) Positive Drainage Inflation Factor Ac 0 Ac 002 X SUBTOTAL COST $ 0 X $1,500 00 = $ 0 SUBTOTAL COST: $ 0 X Permit Life ( 1 to 10 years) 0 INFLATION COST: $ 0 TOTAL COST = SUBTOTAL + INFLATION COST — $ 0 Total Reclamation Bond Cost: BARNHILL CONTRACTING CO. HAS A BLANKET BOND TO COVER ALL MINING PERMIT RECLAMATION COSTS 1A 11 APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail to (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and is contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundanes must be clearly denoted on the tax map) The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete NOTE: THIS SECTION MUST RE 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" 1G NOTICE ' Pursuant to provisions G S 74-50(bl) of The Mining Act of 1471, Notice is hereby given that BARNHILL CONTRACTING COMPANY has applied on 10-14-09 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one) ( ) (a) a new surface mining permit (X) (b) a modification of an existing surface mining permit The applicant proposes to mine SAND & EARTHEN MATERIAL on 98 acres located 3 (Mineral, Ore) (Number) (Miles) NORTH of SKALLOTTE off/near road SR 1345 ROYAL OAK RD (Direction) (Nearest Town) (Number ---Name) in BRUNS WICK 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 to notify all owners of record, both public and private, of all tracts of land that area adjoining the musing 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 aN t fable for public review during normal business hours at the above listed address as well as at the appropriate regional office For information regarding the soeeifies of the modification of the mining activity. please contact the applicant at the followine telephone number _ (252) 823-1021 For information on the musing permit application, review process, please contact the Mining Program staff at (919) 7334574 Please note that the Department will consider any relevant written comments or documentation within the provisions of the Mining Act of 1971 throughout the gppiication review process until a final decision is made on the application (Addressee/Owner of Record's Name & Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) Contact T Bennett Wall (Name of Applicant Include Contact Person & Company Name, if Applicable) P O Box 1529 Tarboro, North Carolina 27886 _ (Address of Applicant) 1c APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, ALLEN BARNHILL , an applicant, or an agent, or employee of an applicant, for a new Miring 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 adjotrung the mirung permit boundary (including, where an Aoining tract is owned or leased by the applicant or is owned by the lessor of the mule tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of he 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) SEE THE ATTACHED LIST FOR (Address) ADDRESSES ARE INCLUDED ON THE ALL ADJOINING PROPERTY OWNERS ATTACHED LIST (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at the following address (Chief Administrative Officer Name) (Address) [City Manager, County Manager, Mayor, etc ] MARTY LAWTNG P O BOX 249 COUNTY MANAGER BOLIVIA, NORTH CAROLINA 28422 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N C G S 74-50(bl) and 15A NCAC 5H 0004(d) I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request 14 0 . - 4 /V /o -3 •Zcxa�T ' ignature of Applicani Date If the person executing the Affidavit is an agent or employee of any applicant, provide the following information (Name of Applicant) ALLEN BARNHILL (title of person executing Affidavit) VICE PRESIDENT L HELEN SPAIN , a Notary Public of the County of EDGECOMBE , State of North Carolina, do hereby certify that ALLEN BARNHILL personally appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her Witness my hand and notarial seal, this � 'v (C�- day of t) 20�� Notary - �� ,� My Commission Expires A 1 '7 i 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 dunng regular business hours for the purpose of making necessary held inspections or investigations as may be reasonably required in the admirustration of the Mtrung Act of 1971 We further grant to the Department or its appointed representatives the right to make whatever entries oh 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.§ 74-59 LANDO W Signature Print Nam( Address 2311 N MAIN ST TARBORO. NC _ Telephone 252-823-1021 APP LICAN" Signature * Print Name fiLt-r-N tiAK--HILL Title VICE PRESIDENT Company BARNHILL CONTRACTING CO Mine Name VARNAM PIT *Signature moist be the same as the individual who signed Page 1 ofdus application Six (6) cries of the completed application, sixes copies of all location maps, mine maps and reclamat on maps, and the appropriate processing fee (see next page for fee schedule) in the form of a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land 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 10 JOB/ SUB JOB NO �f CO DIV VENDOR REFERENCES :' CHECK NO�,` 1 0 4131 675652 INV NUMBER INV DATE _ DESCRIPTION -MbD-VARN GROSS AMOUNT_ _ DISCOUNT L! a -_NET -AMOUNT, ' 800 10/23/09 MINE PERMIT 75000 00 _ 75000 DETACH AND RETAIN THIS STATEMENT THE ATRACNED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE IF NOT CORRECT' PLEASE NOTIFY US PROMPTLY NO RECEIPT DESIRED _ TOTALS ;. 75000 00 75000 PAY Seven Hundred Fifty Dollars and 00 Cents TO NCDENR - DIVISION OF THE LAND QUALITY ORDER 1612 MAIL SERVICE CENTER OF RALEIGH NC 27699-1612 BRANCH BANKING AND TRUST 66-112 COMPANY 531 TARBORO NORTH CAROLINA CHECK DATE CHECK NO 10/23/2009 675652 CHECK AMOUNT ...... *750 00 VOID AFTER 90 DAYS VOID / COPY IOU CERTIFI For For ii webalte at ,sujvnce- Covemgi"XiW6 our website at WWW.Usks--com. Sej Mevef$O Tm L p T. RECEIPT, -T twiu4 For delivery Information visit 0. A6!gUSl 2006'- to I slfuuWn", *' + w1iut+;. _yx u vafa i+SF�rm3e0a Au+�ust20DC 17 - .r Al I j ttat Service ru FIED'MAW,'- VECEtI ,4 �� ,- yCEF�TII=IUD M'AILTn, gE Mail Only; No insnr�irce Covrrsgl� trovftidldj � { ,� �.{igdrrrestic�A4�flOi�r�jr,N4f}ir►surartp Information visit our weYsitd at vM�iryv us :t atno ' r _ ' : Frr.'detivery intoimation visit our webs I 0, Aus45i 200i v r R L -- - Seii Reverse fir Ins�rutlN�S r r 7��� �a�afw►1 r �'•+sosti .�.aar�.��,.,a. .. s� RS Fsiriri 3044,.Ri2Q6C ' M.1 � i '-:� ^^ti,�'�r�r� n��" A •�yb��s � �'L�LW�'r �.,�y.�:�' z a� d" fxi s�N�"�� �r� h V staff SeriricetM=�-�.�' �. ;�A'a'�.:-•t n��#�-y^+�ydS '.�yy ty��I��SL�l��er x��`ilA 4P A. �x ` �, ?i x .'•C�RTIFIsED 111IA� L '1FIED MAILTM rel6il Only, Na Mig rari�ce Covrer It tivvJda�ij: � ; r t f� Asti M�fil Only Jl[ lnsuri ry Information visit our websft at wwvrust,s.comr�;- =°°Y :=+ [yr Iielivery:lnfanisitt:n viak'sui:w 4, 1, kl - nazn'wn•aI�.16uM3�: rue a t•{-��{•1'{L(a.ILIFS�3 O $ ❑ OFFICIAL USE Postage $ Certified Fee 3 Re tum Ret,mal Fee Postmark Here 3 (Endorsement Required) 7 Resmcted Delivery Fae (Endo rsement Required) 1 Total Postage & Fees $ Sent To 1 Patricia & Charles Linder 1 $Feel Apt No 1 or Po Box No 1400 South Ocean Blvd. " Gb Slate zlp,i ___ ______ _ _ _ ___ _ _ _ _ _ Myrtle Beach, SC __ --- 29577 �r-/•nn@eay$rnasr/l u�py'MCUHOgr/I b(H-Etl•I'l-TI bT L`/J�i'•iq�ii(.TlF� � {ap(+�u ❑ 'As. F Y 4 9{9{ rV ❑ Postage $ R Certified Fee 3 Return Receipt Fee 3 Postmark (Endorsement Required) Here ] Restncted Delivery Fee (Endorsement Required) jTotal Postage & Fees $ 1 Sent To 1 Brunswick Timber LLC 1 Street Apt No - - 1 or PO Box No 15 Piedmont Center, St.1250 ary sate nP.° Atlanta, GA 30305 Adjoining Property Owners Address 1 Robert Walker Gnssett 11713 Old Creedmore Road, Raleigh, NC 27613 2 Paul and Brenda Harris 4905 Queensburg Circle, Fredericksburg, VA 20408 3 Paul and Brenda Harris 4905 Queensbwq Circle, Frederrcksbur , VA 20408 4 Jean Carter 1777 Deerwood Trail, Supply, NC 28462 5 Kenneth L Gile, Jr 1747 Deerwood Trail, NW, Supply, NC 28462 6 Kenneth L Gile, Jr 1747 Deerwood Trail, NW, Supply, NC 28462 7 Paula Garrett 1721 West Sandnd a Court, SW, Ocean Isle Beach, NC 28469 8 Francis W Stuz nski 1727 Deerwood Trail, Supply, NC 28452 9 Matthew Beach 1717 Deerwood Trail, NW, Supply, NC 28462 10 Tern Cole 1708 Deerwood Trail, NW, Supply, NC 28462 11 Edwin E Parbst, Jr P D Box 1487, Shallotte, NC 28459 12 Marker 12, LLC 3191 Gal Var Road, Supply, NC 28462 13 Tidal Ventures, LLC 1574 Monster Buck Estates, Supply, NC 28462 14 IPatncia Brunswick Timber, LLC 15 Piedmont Center, Ste 1250, Atlanta, GA 30305 15 and Charles Linder, 1400 South Ocean Blvd, Myrtle Beach, SC 29577 0 �p�9 BpRN}f ILL CONTRACTING ECOMPANY P Box I Tarboro, NCC 27886 Phone 252-823-1021 C Fax 252-823-0137 dEe 0 �Qa9 October 23, 2009 Ms Judith A Wehner Assistant State Mining Specialist Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 RE Varnum Mine No 10-78 Brunswick County Permit Modification 2009 Dear Ms Wehner 1 am respectfully submitting to you five copies of the permit application, mine map, and associated documents required for the modification of the Varnum Mine permit (10-78) us Should you require any additional information, please do not hesitate to contact Yours very truly, T Bennett Wall MEARNHILL CONTRACTING MCOMPANY P o Box 1529 Tarboro, NC 27886 Phone 252-823-1021 Fax 252-823-0137 December 2, 2009 Ms Linda Willis Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Ms Willis DEC 0 4 2009 M. RE Varnum Mine No 10-78 Brunswick County Permit Modification 2009 Thank you for talking to me about our Varnum Mine, and emanling me the information regarding an Operations and Maintenance Plan I have included in this submittal two packets of information regarding modifying the Varnum Mining Permit to include de -watering The first packet of information is a copy of the submittal to Judith Wehner, which includes the application, the site plan, and other required documents for Land Quality The letter on top is the response from Land Quality to our submittal The second packet of information is a copy of the submittal to the Stormwater and General Permits Unit of the Division of Water Quality, which includes the application, a copy of the mining permit, and a copy of the site plan overlaid onto a topographic map The letter on top is the response from Robert D Patterson, PE from Water Quality Please contact me at your earliest convenience to discuss your thoughts on the proposed plan I will be working on an Operations and Monitoring Plan to submit to you Judith Wehner told me today that when we meet your requirements, she will be able to issue us a modified mining permit to include de-watenng Again, thank you for your help and I look forward to working with you Should you require any additional information, please do not hesitate to contact us Yours very truly, 014 4 `*� , , T Bennett Wall 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 November 23, 2009 Certified Mail Return Receipt Requested 7008 1300 0000 1122 9358 Mr T BennettWall Barnhill Contracting Company 2311 North Main Street Tarboro, North Carolina 27886 RE Varnam Pit Permit No 10-78 Brunswick County Lumber River Basin Dear Mr Wall IM Beverly Eaves Perdue, Governor Dee Freeman, Secretary DEC 0 4 2009 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 proof that you have an approvable Operations and Maintenance Plan from the Division of Water Quality You may want to contact Ms Linda Willis of the Division of Water Quality at the Wilmington Regional Office regarding the plan 2 Provide a detailed description of the dewatering activities and include cross sections of the outlet points ` Please note that modifications within the permit boundary and renewals do not require notification of adjoining landowners and county/city managers Only new permit applications and modifications that add new land to the permit boundary require notification 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 I t0% Post Consumer Paper j A Certified Mail Mr Wall Page Two Please be advised that our review cannot be completed until all of the items listed above have been fully addressed In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 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 cc Mr Dan Sams, PE Sincerely, r iner udith A Assistant State Mining Specialist Land Quality Section N w� viton oo � M en to q`l T•.x rA o a Fil��N�t10, 919 81 IS N 1. •11 Ila 2.0 air ,�• r� ibd•�� � � '�c�.L"�� 'R�d]•5p� �b g �•�S 6gjl'� � y}�� � '�•,•S �.�fig W a O 0 0 Q + cpt I V) z v J J lfi i-' M < O L Z p) ,4 cn Q PQ Cl ~CD Cu } O m cu d �2 G1� d d a, z y N r) ~ o o -a u 0 H U L z J (n N A J L N W E '" U ' ~°L� �o u� Y o OD i i 2 , 1 \ 1 , 1 1 1 , 1 i�V�bVV >- J A z F- J LLJF- W AWL ¢ 1-1-1d W Z CL JkDa,, Mou A J 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Y 14n EN of f�E66�b�®�N� N TNNOMAfY NlVYIINfON �M�j{' x!x � TOlONANY NOON GILT ONNON 7YII '1' 4" W TN]RORANY fILT ANON '! MINING PERMIT APPLICATION REVIEW FORM for DIV1S101i1 OF WATER QUALITY ?roject .����Ci'� County L,.� I Due Date for Comments Back to Land Quality Section Will the operation as proposed violate standards of water quality? Comments Cc � �-,A , - e, -U-Q �x ,tom -_� C� ,� s� S _; Watershed/Stream Name & Classification U,�t� NPDES permit required NPDES derma existing Noncischarge permit required Nonoischarge permit existing Wetlands disturbed 401 Wetland Cert required 401 Wetland Cert existing YES NO (Permit M } (Permit 7 k-3�j r,1 -1 ,� i, . r I-) (Permrt # Reviewed by / l j dC, DateCr7 7T �vaFin eE- i Of2oo0 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Governor Director November 3, 2009 Mr T Bennett Wall BanM Contracting Co PO Box 1529 Tarboro, NC 27886 Subject General PemtitNo NCGO20000 Vamum Pit, NCG 020759 Brunswick County Deu Mir Wall Dee Freeman Secretary The Division of Water Quality's Stomiwater Permitting Unit received a National Pollutant Discharge Elimination System (NPDES) permit application for Vamum Piton October 26, 2009 The application included a copy of an associated mining permit and pending modtfication submitted to the Division ofLand Resources (DLR) Please be aware that the issuance of an NPDES permit is contingent upon the issuance of an associated mining permit flora DLR Our office will process your stormwater pernut application once the modification to the DLR mining penrnt has been issued for Your project to allowmtne dewatenng Please also be aware that since your proj ect is located near wetlands, your NPDES permit will regLare dewaterttig operations without wetland impacts The specific requirements for muse dewatenng at facilities near wetlands can be found in the text of the general NPDES mining penTut number NCG 020000 available on our website, http A2o enr state nc uslsu/Fonns Documents htm See Section C, Part I of the permit on the page labeled, Part III Page 5 of 9" An approved Operation and Monitoring Plan is required forNPDES-pernutted mining facilities Discharging mute dewatenng wastewater without Plan approval will be subject to enforcement action An CliUMPlan for your facility must be submitted to the Wiiimgton Regional Office We encourage you to contact Linda Willis at the Vv%itngton Regional Office at (910) 796-7215 to address any wetland concerns for your facility in order to ensure a successful NPDES application review Ifyou nave any questions concerning the NPDES pemut approval process, please contact me at retepnorie nui,i'ou (910) 807-6375 cc Wilamgton Regional Office, Linda Willis Central Fides SPU Files 1617 Mail Service Center Raleigh North Carolina 27699 1617 Location 512 IN Salisbury St Raleigh North Carolina 27604 'hone 91"07.63001 FAX 919-807 64921 Customer Serv+ce 1-877-623-6748 lntemet www wwaterqualny org An Equal Opportunity 4 Affirmative Action Employer Sincerely, ,� Robert D Patterson, PE Environmental Enginee CRIX7pjD BY. Nov 0 6 2009 NottthCuolma Natttrallry c 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 5, 2008 Mr Wesley Brown Barnhill Contracting Company 2311 North Main Street Tarboro, North Carolina 27886 RE Varnam Mine Brunswick County Lumber River Basin Dea► Mr Brown Michael F Easiey, Govemor Wil! am 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 your company already has a blanket bond sufficient to cover this application, I am enclosing the mining permit The conditions of Mining Permit No 10-78 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 February 5, 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 98 acres and the amount of land you are approved to disturb is 25 6 acres Please review the permit and contact Ms Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 of any objection or questions concerning the terms of the permit San rely, Floyd R Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRW/jw Enclosures Permit No 10-78 Notice of Issuance cc Mr Dan Sams, PE Ms Shannon Deacon -WRC, w/permit Mr Bradley Bennett-DWQ, w/permit Mr William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, w/ permit 1612 Mail Service Center, Raleigh, forth Carolina 27699-1612 •919-733A574 I FAX 919-733-2870 512 North Salisbury Street Raleigh, North Carolina, 27604 An Equal Opportunity i Attamaiwe Action frnpioyer - 50% Recycled 1 10% Post Consumer Faper 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 Barnhill Contracting Company Varnam Pit Brunswick County - Permit No 10-78 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 February 5, 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 February 5, 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 (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland t 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, rap rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land B All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations or into the approved sediment and erosion control measures C No dewatenng activities shall occur at this site D Mining activities shall occur as indicated on the mine map dated September 19, 2007 and the supplemental information received by the Land Quality Section on September 26, 2007 and November 13, 2007, and January 18, 2008 5 All affected area boundaries (25 6 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 25 foot undisturbed except for the placement of any necessary screening berms or tree planting) 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 2 3 4 5 6 on -site generated conveyor belts wire cables v-belts land clearing debris steel reinforced air hoses 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 rigor 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 5l i 5 verification that a permanent vegetative groundcover will be established 11 An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved 12 The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions 13 The security, which was posted pursuant to N C G S 74-54 in the form of a $500,000 00 blanket bond, is sufficient to cover the operation as indicated in the approved application This security must remain in force for this permit to be valid The total affected land shall not exceed the bonded acreage 14 A Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant It archaeological resources B Pursuant to N C G S 70 Article 3, 'The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit The approved plan provides Minimum Standards As Provided By G S 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land 2 Provisions for safety to persons and to adjoining property must be provided in all excavations in rock 3 All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land 4 No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul 5 The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service 6 Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining RECLAMATION CONDITIONS Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas 2 The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows A The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation Page 7 l 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 Reveget_ation Plan After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan approved by Mr Wesley Brown of;Barnhill Contracting Company on July 18, 2007 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 -protect 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 5th day of February, 2007 W®R-O(IMM'u ames 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 andlor are listed as an adjoining landowner in the application for a mining permit filed by Barnhill Contracting Company to conduct mining activities off SR 1345 (Royal Oaks Road) in Brunswick County The mining permit (no 10-78) was issued on February 5, 2008 North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N C G S 150B-23 of the Administrative Procedure Act (APA) If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within 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 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) 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 In This notice was mailed on Simons Division of Land Resources North Carolina Department of Environment and Natural Resources Brenda Harris Mining Program Secretary Varnum Pit 1 inch equals 2,000 feet