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HomeMy WebLinkAboutNCG020843_COMPLETE FILE - HISTORICAL_20151020PERMIT NO. DOC TYPE STORMWATER DIVISION CODING SHEET NCG PERMITS O'HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ Job I O a D YYYYMMDD Alexander, Laura From: Bennett, Bradley Sent: Tuesday, October 20, 2015 3:04 PM To: Georgoulias, Bethany Cc: Alexander, Laura Subject: NCG02 that did not get in system Follow Up Flag: Fallow up Flag Status: Flagged NCG02084Aas issued back in 2013, but for some reason did not get issued in RIMS. I have issued it and created a renewal for it. We don't have email contacts for them though unless we contact them to get them. Also, they have not been billed since the permit wasn't issued. HE Bradley Bennett Stormwater Permitting Program Phone: (919) 807-6378 NC Division of Energy, Mineral and Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: bradlev.bennett(&ncdenr.aov Raleigh, NC 27699.1612 Web: http:/lportal.nodenr.org/web/ir/stormwater Email correspondence to and from this address may be subject to public records laws 1 n NCDENR North Carolina Department of Environment and Division of Water Quality Pat McCrory Charles Wakild, P. E. Governor Director April 5, 2013 Mr. Roy L. Etheridge, Sr. PO Box 296 Powell's Point, NC 27966 Natural Resources John E. Skvarla, III y ! 1 F. bretary r� ^ APR 17 2013 lyv V Q4VAR0 Subject: General Permit No. NCG020000 Site #2 Mine COC NCG020843 Currituck County Dear Mr. Etheridge: In accordance with your application for a discharge permit received on March 18, 2013, 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 subsequently amended). 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 be aware that mine dewatering at your site has the potential to impact adjacent wetlands. The specific requirements for mine dewatering at facilities near wetlands can be found in Part 111, Section E of your permit. You must have an approved Oneration and Monitorine Plan before mine dewaterine discharees occur at your facility. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. Your Operation and Monitoring Plan for your facility has been submitted to the Washington Regional Office. Contact Samir Dumpor at the Washington Regional Office at (252) 946-6481 for more information about the approval process. 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: www.noAateroualitv.oro None Carolina i Naturally I An Equal Opportunity 1 Alfinnalive Action Empbyer Mr. Roy L. Etheridge, Sr. April 5, 2013 Page 2 of 2 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 wastewater from your facility. In your application, you specified that only mine dewatering water 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. This permit 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 Energy, Mineral, and 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 Bethany Georgoulias at telephone number (919) 807-6372, or at bethany.georgoulias@ncdenr.gov. Sincerely, ORIGIINNALpS� SIGNED Bl for Cha Tes WaliA, P.E. cc: Ken Elliott - Consultant Samir Dumpor - Washington Regional Office Central Files Stormwater Permitting Unit Files 10 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO, NCG020000 CERTIFICATE OF COVERAGE No. NCG020843 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, Roy L. Etheridge, Sr. is hereby authorized to discharge stormwater and mine dewatering wastewater from a facility located at Site #2 Mine S. Ferebee Lane Powell's Point Currituck County to receiving waters designated as an UT to Currituck Sound, a class SC water in the Pasquotank River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1,11, III, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective April 5, 2013. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day April 5, 2013. ORIGINAL SIGNED Bl KEN PICKLE for Charles Wakild, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission `,A f v t Mp;4 ' r i�a+i "ter q r ^faZ 'LlF 'r kne, IC— f I:'� ' its tP' F� Nu ( J a11' r r r sir a,0 .411V;,AL ICl j(,5'dFn1. rr�p�i' is j ,Z. i',ct{''IrV' ry:; ran, Z,t ,+, "'C.' ' t r ,>¢ �47�- >•. Patterson, Robert From: Dumpor, Samir Sent: Friday, April 05, 2013 8:49 AM To: Patterson, Robert Cc: Edgerton, Thom Subject: RE: Roy Lee Etheridge Sand Mine - Site #2 Robert, At this point we don't have any concerns with issuing a COC. Please forward any information that you received from the applicant. Thanks and good luck in your future endeavors. Samir From: Patterson, Robert Sent: Friday, April 05, 2013 7:09 AM To: Dumpor, Samir; Edgerton, Thom Subject: FW: Roy Lee Etheridge Sand Mine - Site #2 Samir/Thom, We received this one that you inquired about below. Does the WaRO have any concerns with issuing a CDC for it? Thanks. Robert D. Patterson, PE Environmental Engineer NCDENR I DWQ I Stormwater Permitting 1617 Mail Service Center, Raleigh, NC 27699-1617 Mail 1 512 N. Salisbury St, 90, Floor, Raleigh, NC 27604 Location & Parcels (919) 807-6375 Phone 1 (919) 807-6494 Fax I Robert.Patterson %ncdeningov Errant I htto://oortal.ncdenr.orst/web/wa/ws/su Website A Before printing this email, please consider your budget and the environment. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Bennett, Bradley Sent: Thursday, March 14, 2013 12:04 PM To: Patterson, Robert; Georgoulias, Bethany Subject: RE: Roy Lee Etheridge Sand Mine - Site #2 Hey Guys, I responded to Samir on this yesterday. We got their application, but I returned it because there was no check. Haven't heard back from them since then. Bradley Bennett Stormwater Permitting Unit NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6378 Fax: (919) 807-6494 Email: bradlev.bennett@ncdenr.gov Web: hhtt :I/portai.nodenr.orci/wehtm*s/su Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Patterson, Robert Sent: Thursday, March 14, 2013 10:33 AM To: Bennett, Bradley; Georgoulias, Bethany Subject: FW: Roy Lee Etheridge Sand Mine - Site #2 Robert D. Patterson, PE Environmental Engineer NCDENR I DWQ I Stormwater Permitting 1617 Mail Service Center, Raleigh, NC 27699-1617 (Mail) 1 512 N. Salisbury St, Raleigh, NC 27604 1 9th Floor (Location & Parcels) (919) 807-6375 Phone 1 (919) 807-6494 Fax I Robert. Patterson(d)ncdenr.aov Email http://portal.ncdenr.orci/web/wo/ws/su Website Before printing this email, please consider your budget and the environment. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Dumpor, Samir Sent: Wednesday, March 13, 2013 2:12 PM To: Patterson, Robert Cc: Edgerton, Thom Subject: FW: Roy Lee Etheridge Sand Mine - Site #2 Robert, Please see if you can find this NOI and let us know of status of the application. I will be out Thursday and Friday but you can contact Thom Edgerton with any information. Thanks for your help. Samir From: Edgerton, Thom Sent: Wednesday, March 13, 2013 1:21 PM To: Dumpor, Samir Subject: FW: Roy Lee Etheridge Sand Mine - Site #2 Hey, This is regarding the Currituck County project that I mentioned to yesterday that was reviewed by you in July and then again in August. Do you want to check on the permit status from Raleigh or do I need to? Thanks, Thom Thom Edgerton, Environmental Engineer Division of Water Quality Surface Water Protection Section Washington Regional Office North Carolina Department of Environment and Natural Resources (252) 948-3963 Office (252) 946-9215 Fax Email correspondence to and from this address may be sublect to the North Carolina Public Records Law and may be disclosed to third Parties unless the content is exempt by statute or other regulation. From: Ken Elliott [mailto:ken kenobx.comj Sent: Wednesday, March 13, 2013 11:56 AM To: Edgerton, Thom Subject: Roy Lee Etheridge Sand Mine - Site #2 Good morning Thom, I have some information on the DWQ application for Mr. Etheridge. I am attaching PDF copies of the signed NOI and C&M which were sent to Raleigh on July 16, 2012. 1 also found the Priority Mail Return Receipt for that mailing, however the tracking number appears to be out of date now so I couldn't get anywhere with that. I had assumed back then that all of that had gone through. I'll check with Mr. Etheridge tonight about the application fee status. Let me know what I need to do. Thanks, Ken Elliott Elliott Consulting PO Box 112 Aydlett, NC 27916 Email: ken@kenobx.com ©�i^ Division of Water Quality / Surface Water Protection � NCDENR National Pollutant Discharge Elimination System NCGO20000 NOTICE OF INTENT National Pollutant Discharge Elimination System application for coverage under General Permit NCGO20000: STORMWATER DISCHARGES associated with activities classified as: SIC (Standard Industrial Classification) Code - 14XX Mineral Mining Industry (except as specified below) The following activities are also included: • Active or inactive mining operations (including borrow pits —except for NCDOT borrow pits) 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 specifically a clud from coverage under this General Permit: • Stormwater discharges associated with peat mining, 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 get rel pil mit NCG620000 Instead of NCGO20000: • Point source discharges of stormwater and wastewater from in -stream sand mining operations (i.e., sand or 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 days prior to construction'. For existing mining sites that require an Authorization to Operate (A TO) 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 NCGO20000, the ATC request may be submitted without an NOI). Some wastewater treatment facilities used to treat or recycle wastewater at mining sites will require an ATC prior fo construction per 15A NCAC 2H .0138. Please we the NCG020000 General Permit for details about which treatment facilities require an ATC (summarized in Table 1 below). The authorization to construct or continue to operate will be Issued at the same time as the Certificate of Coverage (COC) for the NCG02 permit. Design of treatment facilities must comply with requirements of 15A NCAC 2H .0138 & .0139. Construction of wastewater treatment facilities at new orexisting mining sites requires submit In the NCG02 'As per 16A NCAC 2H .0106 a 'WAR 1 Il 2013 W �---ff—� "Unless trealmenl facilities are designed, constructed, and put Intl nt•u, t empk,yeas Inte I the cn Whit amllillzo Id. such work ion their respective companies in accordance with Gen al n, spx:d phi muel no signed .vet W a RE erMeJt KYO _ WL W SWU-NCG02-N0I with this application. A copy of" NCG020000 N.O.I. qualified stall' along f-- ineer 1p.E•1 °r 4 16 & 19. a professional Ei�luded._please see cluesUoasni .Y.-- and sealed by . calculetbns should — - design of astewater Permit Requirements Requires Table is Summary -� �T quarterly a to C7 �— Monnul,..e. No No Yes Mine Dewatering (MD) Yes MD Discharges that do not need treatment ./ a n+eet permit conditions other than E&ram 1 MD Discharges that need treottnent other than d E&SL to meet permit conditions process Wastewater ✓ other Recycle Any other proc`sa I. - - 1 Ofil for Yarr Off .`-.-- s. F'r 9-rs�peO Pd (Please ^t or type) 11: remr (!m-r_4�s i°1^d► 1) Mailing address 01 ownerbps " v" q Owner Name ti'YT- `ter lWptt(i�l)rl ii ther_id9A s Code -�- Owner Contact p State NN ZIP pQ&ox�--- Street Address P3).s Point --- Fax: --- f City 2"i�Dl3 Telephone No- E-mail Address keno e�X-corn ---- producing discharge: 2) Loostlon of tscUitY - - Facility Name She-- x e - dowKI nau • n - -- --�1F1. aZIP Code O Facility contact - F S.ejebee 4ane -� State IJ1C — Street Address and city CiArduckC_QWnX--- Fax: County 281 3o7a _---' Telephone No. - �" __ ken kenobx.com Contact E-mail ation: rise street ^amen, stale road numbers, and 3) Physical Location Inbrm thotacilir ( Post es a atip-OrW09" of F 's point a i *ed native description of how ct get to M Please provide a no in, _ _r9m soutir 1.27 mites, turn left oR ,� direction from a roadway s Landin �q°'- - - poll is on the ri hg.-L_ __- distance and US I & N"P-O e t Area & Po CareakB Hy1Y1-- gene o•-38_mUes e�- ntran_ �L Feret� Longitude76' 41.93"" (degfees• minutes, seconds) tude 4) Lafitude __96_11 -W g4f Page 2 of 9 cast revised 6/1/201 o SWU-NCGo2-NO' NCG020000 N.O.I. Permits: 5) This NPDES Permit Application applies to which of the following: X New or Proposed Facility Date operation is to begin July 20 _ ❑ Existing ❑ New Permit not applicable — ATC request only. NPDES Permit Number 8) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: 1442 7) Provide a narrative description of the types of minerals mined at this facility: $s/ld-A to of 8) Is this mine an inactive mine site? X No ❑ Yes If yes, do you posses an 'Inactive Renewal" from DLR and notified the DWQ Regional Office or have you certified to the DWQ that the site has been stabilized? ❑ No ❑ Yes 9) Does this facility already have a valid Mining Permit from the Division of Land Resources (DLR)? ❑ No If No, please indicate the status of the Mining Permit application: X Yes If yes, please provide the Mining Permit number:.__ 27_44. Please also provide a copy of your DLR Mining Permit with this DWQ application. Note: DWQ cannot Issue a COC for the NCO020000 General Permit until a Mining Permit Is issued or renewed by the Division of Land Resources (DLR). 10) Does this facility have any other NPDES permits? X No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? X No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: _ 12) Does total area of this mine site include ready -mix and asphalt areas? X No ❑ Yes If yes, do they have DWQ stormwater permits (if owned by the same company)? ❑ No ❑ Yes (provide permit number ) If not owned by the same company, who is the owner? 13) Will this mining operation precede development activities at this site? X No ❑ Yes 14) Is this mine located within one of the 20 Coastal Counties and will it add more than 10,000 ft' of Impervious surface? X No Page 3 of 9 SWU-NCG02-NOI Last revised 617/2010 NCG020000 N.O.I. IJ Yes If yes, you may be required to apply for an additional state stormwater permit. Check with your local Regional Office. See contact information and checklist below. 15) Is this mine located the Neuse, Tar -Pamlico, or Catawba River Basin, or the Randleman or Jordan Water supply Watersheds? X No ❑ Yes If yes, what size stream buffers are included on site? ft. Please show buffers in site plans. Discharge Points, Receiving Waters & Wetlands: 16) Receiving waters: What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater and/or wastewater discharges end up in? Betsy's Creek to Currituck Sound 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). Receiving water classification (if known): SC Note: Discharge of process wastewater to receiving waters classified as WS-II to WS-V or SA must be approved by the N.C. Dept. of Environmental Health. If DEH does not approve, coverage under NCG020000 cannot be granted. No new discharges of wastewater are permitted in receiving waters classified as WS-1 or freshwater ORW. Wastewater discharges to Saltwater ORW will not be approved under the NCGO2 General Permit. 17) It your facility has wastewater discharges and they are to HWO, PNA waters (Primary Nursery Areas) waters, what is the flow rate? (See http://www.ncdmf.neVmaps/FNA mapslindex.html. for map) 18) Discharge Points: Number of discharge points (ditches, pipes, channels, etc, that convey discharges from the properly): Onsite: Stormwater: Mine dewatering: 1 _ Process Wastewater Overflow: O(isite Stormwater: ___ Mine dewatering: Process Wastewater Overflow: _ Discharge points should be clearly marked on the submitted site plan. Please provide short narrative description of discharges: Sediment pond outlet control device is located 75ft 6800' to Betsy's Creek. thence 2200' to Currituck Sound. a) Is your mine dewatering and discharging? (Answer only if you are dewatering) ❑ No X Yes If yes, where to? _ Surface Waters and/or Wetlands (on -site or off -site) __X_ Other (on -site or off -site) Describe: Ditch leading 980' to blue -line stream b) Are you dewatering but not discharging? (Answer only if you are dewatering) X No ❑ Yes If Yes, please explain how you are dewatering, and where that water will be directed: Page 4 of 9 SWU-NCG02-NOI Last revised 6/7/20/0 NCG020000 N.O.I. 19) Will mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlands? X No ❑ Yes 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 a Pumping Operation and Monitoring (O&M) Plan that has been approved by the Division. For sites that may drain wetlands — approval of a Pumping O&M plan may be required prior to coverage under this generalpermit. The Pumping O&M Plan should be submitted to the appropriate 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. See checklist at end of document. Contact your local Regional Office for questions specific to your mine. 20) If you are dewatering, are there wetlands or surface waters within 400' of the mine pit perimeter? X No ❑ Yes If yes, what distance are they from the mine pit perimeter? 21) Have you been required to obtain a 404/401 Certification permits? X No ❑ Yes It yes, please briefly describe below (include information such a required mitigation, BMPs, setbacks, anWor O&M plans for on or off -site wetlands or other pertinent information). Attach other sheets as necessary: 22) Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers? X No ❑ Yes If yes, please attach to application submission. $tormwater BMPs: 23) Does this facility employ any best management practices for stormwater control? X No ❑ Yes If yes, please briefly describe: 24) Does this facility have a Stormwater Pollution Prevention Plan? X No ❑ Yes If yes, when was it implemented? 25) Will vehicle maintenance activities occur at this facility? X No ❑ Yes Page 5 of 9 SWU-NCGO&NOI Last revised 6/7/2010 NCG020000 N.O.I. Wastewater Treatment Facilities: 26) Will mine dewatering discharges occur? (An ATUATO is required for wastewater treatment facilities' dewatering discharges where E&SC devices alone will not meet effluent limits and/or protect water quality standards). ❑ No X Yes 27) Will discharges of overflows from process wastewater treatment systems occur? (ATC or ATO required, unless closed -loop recycle system) X No ❑ Yes If yes, answer the following questions for each wastewater treatment system: a. Please describe the type of process used to treat and/or recycle the process wastewater, Give design specifics (i.e. 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)] Does this facility employ chemical additives to flocculate suspended solids? ❑ No ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive Note: Please see our website for a list of evaluated po(yacrylamide (PAMS) products for use in North Carolina. C. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ❑ No ❑ Yes 28) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? X 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.) Other: 29) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? X No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? X No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? X No ❑ Yes d) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: Page 6 of 9 SWU-NCG02-NOI Lust rovlsed 6/7/2010 NCG020000 N.O.I. How is material stored: Where is material stored: How many disposal shipments per year: Name of transport / disposal vendor:__ Vendor address: 30) Are you applying for a mining permit in the some location as a previously permitted mine? ❑ No X Yes If yes, specify permit number and name if known: Modification to Permit # 27.44 31) Does your site have an active landfill within the mining permit boundary? X No ❑ Yes If yes, specify type: ❑ LCID ❑ Other:_ 32) Is your facility providing appropriate secondary containment for bulk storage of liquid materials? See permit text online for secondary containment requirements. X No ❑ Yes Final Checklist: This application will be returned as incomplete unless all of the following items have been included and Initialed for. Please show that the following required information has been included by Initialing in each space below. Fee of $100 made payable to NCDENR 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. 2 copies of large-scale site plan with topographical lines with all outfalls, applicable buffers and wetlands clearly delineated A copy of your DLR mining permit A copy of your US Army Corps -approved wetland delineation if you marked "yes" to question 22 above, If mine site is in one of the 20 Coastal Counties, • Applicant has checked with the appropriate regional office to verify the need for a Coastal State Stormwater permit. Regional Office Contact: _Samir Dumpor_ • Applicant has included a detailed list of impervious surface areas and percentages, sub -drainage areas and total drainage area., Sand Mine pre-existing. <10 000 at impervious surface added If the mine Is dewatering and near wetlands, or may otherwise impact surface waters or groundwater, Include the following and contact your local regional office about a Pumping O&M Plan (see below for contact information). You may required to provide an approved Pumping O&M-pignpAork NCG02 Issuance. 2 copies of detailed Full Size Plans delineating areas on the plans and listing acreage (including: wetlands, ditches, well -placements, pits, borrow areas, overburden storage, stormwater controls/BMPs, vehicle maintenance areas, settling basins, product process (such as screening, stockpiles, waste piles), total drainage area, impervious surface percentages (if state sw programs apply), applicable buffers, and access and/or haul roads). .Well information (design, depths, maintenance) Physical monitoring for the wetlands areas Settling pond sizing information, it applicable Page 7 of 9 SWU-NCG02-NOI Last revised 6/7/2010 NCG020000 N.O.I. Level spreader design, if applicable _Details about dewatering method _Cone of influence calculations _Description of measures to prevent erosion and flooding _Description & information about 401/404 permits that have been obtained _Copy of US Army Corps of Engineers wetland delineations or approved wetland delineation (if applicable) I have contacted my local regional office about a Pumping O&M Plan. Regional Office Contact: Samir Dumpor Date contacted: MU 2012 -OR- X_ I will not any impact nearby wetlands, surface waters or groundwater by dewatering. 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 NCO02000 are summarized 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 will not be mixed with wastewater. Certification: North Carolina General Statute 143-215.9 b (1) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a TWO implementing this Article, or who knowingly makes a false statement of a material 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 guilty of a Class 2 misdemeanor which may include a line 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. I 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. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES 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. I 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. Page 8 of 9 SWU-NCG02-NO] Last revisen 6/7/2010 NCG020000 N.O.I. I 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. I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: Roy L. Etheridge. Sr. _ Title: Owner /�Orp�errattor _ 6, `t" L'Y'l— �. _ July 9 2012 (Sign re of Applicant) Ll (Date Signed) Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR. Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit. For questions, phase contact the DWQ Repbnal 011lce for your eta". DWQ R gional Office Contact Information: Asheville Office ...... (828) 296-4500 Fayetteville Office ... (910) 433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-5000 Central Office .........(919) 807-6300 /uheville Moorpvtlle I � J I 16 _I Page 9 of 9 SWU-NCC-02-NOI Last revised dr712010 OPERATION AND MAINTENANCE PLAN SAND MINE DEWATERING AND WATER CONTROL STRUCTURE Operator: Roy L. Etheridge, Sr., PO box 296, Powell's Point, NC 27966 Job Location: Site p2 Mine, South Ferebee Lane, Powell's Point, NC 27966 NCDLR Permit #27-44 County: Currituck County Prepared by: Ken Elliott, consultant Date: July 16, 2012 This plan defines responsibilities for operating, inspecting, and maintaining equipment and structures used for constructing and dewatering the Site N2 Mine safely, and that dewatering will not degrade or negatively impact any wetlands or waters of the state. Description and Operation of the Site N2 Mine & Dewatering Process The Site 82 Mine is an existing permitted 4.8-acre sand mine excavation in a 14.1 acre permit area located 1 mile southeast of Powell's Point, NC on high sandy land. The mine has been in operation for approximately 20 years with the last modification being in 2010. At this time Mr. Roy L. Etheridge, Sr. is filing an application with DLR to modify and expand the excavation to a total of 8.51 acres, adding acreage to the previous permit area which includes an existing settling pond, with the end result being a new permit area of 16.68 acres. There is an existing 0.76-acre pond located 50 feet from the northeast corner of the main existing excavation that was excavated in the early 1970's by the previous owner, Mr. Junior Riddick. The pond was bermed during this excavation and the berms were allowed to grow up in trees and groundcover afterward. The area surrounding this pond at this time is completely covered by hardwood and pine, and still has the original 10ft x 4ft berms. Mr. Etheridge would like to be allowed to de -water his main pond occasionally and wants to use this 0.76-acre pond to process the mine dewatering wastewater. Dewatering the main pond will allow for full depth excavation and proper reclamation of the edges of the pond. It is the intention of Mr. Etheridge to only dewater the excavation as needed, which will not entail full-time dewatering. The outlet for the dewatering pump from the main pond will be located on the southeast corner of the sediment pond, and there will be an overflow outlet located on the northeast corner of the sediment pond. The discharge point will release clear water to a woods ditch, leading 650 feet northeast and then 350 feet southeast to a blue -line irrigation ditch, draining 6800 feet to Betsy's Creek and then 2200 feet to Currituck Sound (see attached map for outflow route and discharge point locations(. Water will be pumped from the main pond to the sediment pond by a 6in gasoline -powered transfer pump operating at idle speed. Estimated maximum flow from the pump will be 325 gal/min (19,500 gallons / hour. Water will travel 50 feet through a buried 6in pipe to the southwest corner of the sediment pond. It is the intention of Mr. Etheridge to drop the water level in the main pond approximately 20 feet when needed, which is anticipated to be only once or twice a year, not full time or year round. The overflow from the sediment pond will be controlled by a rock baffle/weir constructed in the northeast sediment pond berm, 2 feet below the top lip of the berm, and will consist of NC DOT Class B stone lined with NC DOT #5 or #57 stone on upper side (see attached diagram). This control structure will allow water to flow through the baffle into an existing 8ft wide woods ditch located adjacent to the northeast berm of the sediment pond. For erosion control, the overflow water will exit the rock baffle onto a 20ft long riprap-lined apron in the ditch. The overflow water will then travel northeast 650 feet and then southeast 350 feet where it will join an existing 25ft wide irrigation ditch (blue -line) and flow from there into 6800 feet into Betsy's Creek, and then 2200 feet into Currituck Sound. Time and distance will allow all sedimentation to occur to acceptable levels before the overflow water reaches outfail and then the waters of the State. Water will have to travel a minimum of 200 feet to reach the overflow point which will give enough surface area to allow sufficient sedimentation to occur There will be a minimum 3ft tall berm around the perimeter of the sediment pond to prevent offsite stormwater from entering the sediment area and damaging sedimentation rates. Sedimentation and Erosion Control Overflow point will be on the northeast corner of the sediment pond, flowing into an existing Bit wide feeder ditch that leads 1000 feet to a blue -line irrigation canal. Overflow into the feeder ditch will be stabilized by riprap installed in the feeder ditch at the overflow (see diagram) to prevent erosion of the ditch. All erosion and sedimentation will remain inside of the permit area. During mining operations and dewatering, the majority of the water leaving the excavation will remain inside of the permit area and will only overflow occasionally. The sediment area is approximately 6 feet deep, and there is a sand layer below the bottom of the area. The porosity of the soil under the sediment pond will allow most of the water pumped into the pond from dewatering to seep back into the ground naturally. Any excess water overflowing from the sediment pond will flow downstream towards Betsy's Creek, located 1.5 miles away, and then on to Currituck Sound. Maintaining the Sediment Pond Overflow Control Structure, Settlement Pond and Ditches Inspections and maintenance are required to obtain the intended function of safely dewatering the sand mine, and to maintain the life of any adjacent wetlands or waters of the State. Items to inspect and maintain during the 10 year life of the mine dewatering permit are: • Inspect the water control structures regularly, especially following heavy rains and runoff, or during periods of operation of the structure. • Remove accumulated debris from the riprap overflow control structure. • Inspect the structure for excessive settlement or seepage. • Inspect all components of the structure, including appurtenances, and repair or replace any damaged items as needed. • Inspect embankments, berms and appurtenant structures, and repair as needed. • Repair any damage to vegetated areas or berms with compacted earth fill, reshaping, sodding, reseeding and mulching as needed. • Inspect riprap outlet stabilization structures in ditches regularly, replace dislodged rock as necessary. • Promptly repair all leaks in delivery facilities by replacing valves, fittings, gaskets, and worn or damaged parts. • Maintain all screens, filters, valves, timers and other electrical and mechanical equipment in good operating condition, following manufacturer's recommendations Monitoring the Process and Effects of Dewatering Analytical and qualitative monitoring of mine dewatering wastewater will be in accordance with the NCG020000 permit, as follows: • All ponds in the Site #2 Mine permit area will be inspected daily by the operator to identify any abnormal conditions. • All berms and erosion control and sedimentation control structures will be inspected following significant (1/2-inch) rainfall events for damages, and all structures will be repaired immediately. • Special inspections will be conducted immediately following severe storms, vandalism, and other significant events. • Dewatering process will be inspected daily during periods of dewatering the excavation. • Overflow of wastewater process will be inspected daily during periods of dewatering the excavation. • Outflow of dewatering wastewater will be monitored quarterly at the overflow exit stabilization structure for pH, settleable solids, turbidity, and total flow. Samples will be collected and tested onsite for pH, and the remainder will be tested for the remaining parameters by a North Carolina certified lab. • Rain gauge data will be collected by monitoring rain gauge data monthly and after each rain event. Records Data will be collected as follows: • Data will be collected from samples taken from the wastewater point source discharge in operation at the time. • Point source discharge data: data from the site taken quarterly, date & time, general weather conditions, pH of sample, status of process at point source, inlet or outlet, other DWQ required data. • Visual monitoring of adjacent woodlands for potential dehydration during mining or dewatering activities will take place weekly, photography of the woodland areas will be done as needed and documented. Solutions to any degradation caused by any mining activity will include alteration of dewatering process. DWQ will be consulted as needed; alterations to process will be recorded. • Elliott Consulting will maintain the following records in a permanent file at the Elliott Consulting office at PO Box 112, 202 Elliott Road, Aydlett, NC 27916: a record of all significant actions taken; as -built drawings; permits; analytical results from sampling; and related material. Copies of all inspections, monitoring reports and lab analyses shall be provided to NCDWQ on a regular basis and as requested. BMP Conditions • The permittee will utilize best management practices to ensure that dewatering Site N2 Mine will not degrade or negatively impact any wetlands or waters of the State. • The permittee shall obtain authorization from the Director of the NCDWQ prior to utilizing any chemical flocculants at Site #2 Mine. Signed, Ken Elliott for Roy L. Etheridge, Sr. July 16, 2012 ROY-T.ERiCGE-ETI£PIOC.E St w?WE POWELLS POW VC C%ARIiJCI. CO.'rY CRC6S-SECTICwI DF E'ISTNG ) Jf ACRE Srl)IMOO K+C VIEW FRIXI SUWY. PREPARED %W i. 3i12 B" I.EN EW OTT I IJ' AVG?OnA 1.7- Fc5 aO VEG T 3Ea4 7 BER VEGETATEi) ie. EAST ATED ��`` (':EGETATEDj T_ RCp�OVERF�CW 9AFFLE WILL SELOCAIEDA7NC4VKE TEPOOFSEOINFj,TPO+ WATER REMOVED FRCM M.AM POND V Y BE PITIPED IMO SOJTlEAW END OF 3.9,L ITPOMD.D WI -..:.:(Fit OW %At P- E-O Cd 1•� ExIEMIG SEOWVE MJD BERMS APE AIDE'M0 V ! GRA£fv_S.AtC =LL.GPOWF'�fSWt C.W. :WI+ 111,PX Sand Berm with Overflow Rock Baffle / Weir Practice Standards and Specifications 6.87 — Check Dam with Weir Etheridge Site tit Sand Mine Ferebee Lane, Powell's Point, NC Currituck County amermi'iiYiYA�" �., � �o.�nn MNp YY v� �e•. Definition: Stone dam structure with a weir outlet with sediment storage area on the upper side, installed in sand berm. Purpose: To reduce erosion in overflow drainage outlet during mine dewatering operations and major rainstorms by reducing velocity of flow, and provide sediment control. Siting: To be placed at northeast end of sediment pond perimeter berm (8ft x 3ft sand berm), to allow outfall into existing drainage ditch, leading to Currituck Sound. Aggregate Size: NC DOT Class B stone lined with NC DOT #5 or N57 stone on upper side. Construction Specifications: Keep center stone section 6 inches below top of sand berm. Place sediment control stone minimum lft thick on upstream side of berm at weir. Provide 9ft long stone apron on lower side of berm to flush with surrounding grade. Maintenance: Inspect check dams weekly and after significant rainfall and repair immediately if needed. Clean out limbs, sediment and other debris that could clog the weir. Add stones to check dam to maintain correct height. Maintain vegetative ground cover on berm, repair berm erosion as needed. Ken Elliott, consulting July 16,2012 Discharge Outf all Outlet Protection: Construction Details Practice Standards and Specifications 6.15 Etheridge Site #2 Sand Mine Ferebee Lane, Powell's Point, NC Currituck County 6.15 Riprap Trapezoidal Riprap Channel nC "" lop wldlh - ,h,. oespl� a„pm li-� N �ni jl=G ,1'N' ^d1iY l �'l"� IIbr71 I -(nA lil I'^_p Filler layer. gravel or fabrlt Definition: Riprap lined apron located at end of mine dewatering overflow rock baffle to prevent scour and undermining in existing ditch, and to absorb the impact of the water flow and reduce the velocity to non -erosive levels, before flow reaches wetlands. Rlprap Apron Size: Overflow rock baffle discharges directly into well-defined channel. The apron will extend across the channel bottom and up the channel banks to the top of the bank. Length of apron will be 9-feet downstream to maintain velocity control of maximum 2.0 feet per second. Grade: Apron will have zero grade and no overfill at end of apron. Alignment: Apron will be straight throughout entire length if possible. If curve is necessary to align the apron with the receiving channel, the curve will be located in the upstream section of the riprap. Materials: Riprap will consist of a well graded mixture of NCDOT Class A (2" to 6") stone or slag. Thickness: Minimum thickness of riprap will be 1.5 times the maximum stone diameter. Filter: Operator plans to install a layer of heavy duty silt fence filter cloth between the riprap and the underlying soil to prevent soil movement into or through the riprap. Filter cloth will extend to the top of both channel banks, and edges will overlap 12 inches. Upstream end will be buried 12 inches and downstream end will be buried if necessary. Maintenance: inspect riprap outlet structures weekly and after significant rainfall events to see if any erosion around or below the riprap has taken place, or if stones have become dislodged. Repair all damage immediately. Maintain all vegetation adjacent to the channel in healthy condition to prevent scour or erosion during out -of -bank flow. Control weeds and brush growing in the riprap by cutting. Ken Elliott, consulting May 2, 2012 River r �i ►ONE MINE r ot sw4p4 w Iasi 000Z slenbe y0ui l :eleOS bh-LZ ON lIWH3d -3NIW ONUS 3JOI831413 AOH :00090 OLOZ/Z12 :ale0 E80VN Mo6880tVWWO N.LLOLI)WRO :u0119001 9wnaSIAHVf:8W0N r. WF ROY ETIYAIDGE I500 AC N/F ROY EMPRIDGE MOCK IIN O O CIWIISCONNU •• MIN" 1 O SEDIMENT POND., O Rif d O WE .ow ,S.B( ',• ROY Ent RWGE 10.00 AC (� TH N v ROY ETHERIDGE .EYYITRb INK, ).fN 11C YW.(w K O IA [xllNIF RNlbfb LLc ROY ETHERIDGE IIF 7.04 AC ROY ETHERIDGE NIF .' 6.00 N/F K TIR•UAYlY RK •. .' ROY ETHERIDG MtOFOSED NEW 1.00 AC EXCAVATION Y6 B.SI AC CYRMfUCX COURIf � 1111�11114A•{S YR xR Y A15YC CWINC4 'a[RSEY MOYPIS' C0.Nfr INIF u f1115 • 'j. muff Y4flYA 'rE.SEY MdUIb IIMYI IIMIIIS IYf Cf1y •. . • YAIfY "' Nf ' MIROfYO - iflfMf lR RaYMo• , - - . Nl llf BNAS (IAM O ''. flRuf N 1M115 P!v WI.pS , •'4 • Il1E POMIPA O ,� ,<00I,4YA AIFAI iI.LRC a - ' IURf1U OVERVIEW MAP �•' SITE #2 MINE ROY L. ETHERIDGE, SR. . ` POWELLS POINT, NC N O. CURRITUOC COUNTY W11 ` ADJACENT LANDOWNERS SHOWN Map prepared 7-16-12 �"�"_� Ken Elliott, consulting MINE MAP SITE #2 MINE PERMIT a 27- ROY L. ETHERIDGE. SR. - OPERATOR POWELL'S POINT, NC CURRITUCK COUNTY MAP PREPARED JULY 07. 2012 KEN ELLIOTT, CONSULTING SCALE 1IN a 100FT .® ORflEIR)R�.NRIR �A Aai Nw I.B. ENTE11P111SEa NO M ROY ETNEltl00E pwapv. al 1 � ,NI FYI I / ♦ I �qa omsiarA ♦ - Finauuml �! J ILF I ROY ETHER100E SITE 92 MINE EXCAVATION - 8.51 AC STOCKPILE - 1.20 AC BERMS - 0.30 AC UNEXCAVATED BUFFERS-2.45 AC OTHER UNEXCAVATED AREAS - 2.57 AC ACCESS ROAD TO US 156 - 0.36 AC TOTAL DISTURBED AREA - 15.92 AC SEDIMENT POND (NOT BONDED) - 0.7E AC TOTAL PERMIT AREA - 10.55 AC NSF CURRI'UCK COUNTY aaacNwiMllaA isaernoR 0 .TT.1 WF JOHN NARRtS A ASSOC 1 I NF ROY ETNERRKIE N? HERSEYNORRIS NIF HERSEY NORRIS WF S CREEK NURSER Nrt TURF a GARDEN INC N F( RorEn�ERnaE Y WF i JOXN HARRIS I ASSOC i�o Ni RONAW S NELLIE DAWS NR IOXN NARgiS 6 ASSOC *A&WAW -"Jv� :: p +_ AN P� J JR -- Oak,_ ' +�se7 .I , Eye aft Dumpor, Samir From: Patterson, Robert Sent: Friday, April 05, 2013 8:49 AM To: Dumpor, Samir Cc: Edgerton, Thom Subject: RE: Roy Lee Etheridge Sand Mine - Site #2 Attachments: plans.pdf; Pumping O&M.pdf; NOI.pdf Please see attached. From: Dumpor, Samir Sent: Friday, April 05, 2013 8:49 AM To: Patterson, Robert Cc: Edgerton, Thom Subject: RE: Roy Lee Etheridge Sand Mine - Site #2 Robert, At this point we don't have any concerns with issuing a COC. Please forward any information that you received from the applicant. Thanks and good luck in your future endeavors. Samir From: Patterson, Robert Sent: Friday, April 05, 2013 7:09 AM To: Dumpor, Samir; Edgerton, Thom Subject: FW: Roy Lee Etheridge Sand Mine - Site #2 Samir / Thom, We received this one that you inquired about below. Does the WaRO have any concerns with issuing a CDC for it? Thanks. Robert D. Patterson, PE Environmental Engineer NCDENR I DWQ I Stormwater Permitting 1617 Mail Set -vice Center, Raleigh, NC 27699-1617 Mail 1 512 N. Salisbury St, 9�h Floor, Raleigh, NC 27604 Location & Parcels (919) 807-6375 Phone 1 (919) 807-6494 Fax I Robert.PattersoKahtcdenr.gov Email I http://oortal.ncdenr.org/web/wa/ws/su Website A Before printing this email, please consider your budget and the environment. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Bennett, Bradley Sent: Thursday, March 14, 2013 12:04 PM To: Patterson, Robert; Georgoulias, Bethany Subject: RE: Roy Lee Etheridge Sand Mine - Site #2 Hey Guys, I responded to Samir on this yesterday. We got their application, but 1 returned it because there was no check. Haven't heard back from them since then. Y:1 Bradley Bennett Stormwater Permitting Unit Phone: (919) 807-6378 NC Division of Water Quality Fax: (919) 807-6494 1617 Mail Service Center Email: bradlev.bennett@ncdenr.gov Raleigh, NC 27699-1617 Web: http://portal.nodenr.org/web/wq/ws/su Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Patterson, Robert Sent: Thursday, March 14, 2013 10:33 AM To: Bennett, Bradley; Georgoulias, Bethany Subject: FW: Roy Lee Etheridge Sand Mine - Site #2 Robert D. Patterson, PE Environmental Engineer NCDENR I DWQ I Stormwater Permitting 1617 Mail Service Center, Raleigh, NC 27699-1617 (Mail) 1 512 N. Salisbury St, Raleigh, NC 27604 1 9th Floor (Location & Parcels) (919) 807-6375 Phone 1 (919) 807-6494 Fax I Robert.Patterson(c ncdenr.gov Email htto://Ogrtal.ncdenr.org/web/wci/ws/su Website Before printing this email, please consider your budget and the environment. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Dumpor, Samir Sent: Wednesday, March 13, 2013 2:12 PM To: Patterson, Robert Cc: Edgerton, Thom Subject: FW: Roy Lee Etheridge Sand Mine - Site #2 Robert, Please see if you can find this NOI and let us know of status of the application. I will be out Thursday and Friday but you can contact Thom Edgerton with any information. Thanks for your help. Samir From: Edgerton, Thom Sent: Wednesday, March 13, 2013 1:21 PM To: Dumpor, Samir Subject: FW: Roy Lee Etheridge Sand Mine - Site #2 Hey, This is regarding the Currituck County project that I mentioned to yesterday that was reviewed by you in July and then again in August. Do you want to check on the permit status from Raleigh or do I need to? Thanks, Thom Thom Edgerton, Environmental Engineer Division of Water Quality surface Water Protection section Washington Regional Office North Carolina Department of Environment and Natural Resources (252) 948-3963 Office (252) 945-9215 Fax Email correspondence to and from this address may be subiect to the North Carolina Public Records Law and may be disclosed to third parties unless the content Is exempt by statute or other regulation. From: Ken Elliott fmailto:ken@kenobx.com] Sent: Wednesday, March 13, 2013 11:56 AM To: Edgerton, Thom Subject: Roy Lee Etheridge Sand Mine - Site #2 Good morning Thom, I have some information on the DWQ application for Mr. Etheridge. I am attaching PDF copies of the signed NOI and O&M which were sent to Raleigh on July 16, 2012. 1 also found the Priority Mail Return Receipt for that mailing, however the tracking number appears to be out of date now so I couldn't get anywhere with that. I had assumed back then that all of that had gone through. I'll check with Mr. Etheridge tonight about the application fee status. Let me know what I need to do. Thanks, Ken Elliott Elliott Consulting PO Box 112 Aydlett, NC 27916 Email: ken@kenobx.com Print this form to PDF Return PDF of this form to DLR CO by email. cc DLR RO, DWQ SPU. Send a copy to the permiffee. MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY Project Name: Site No. 2 Mine DLR Permit #: 27-44 County: Currituck (consultant)'s email: ken(gDkenobx.com Applicant's Mailing Address: PO Box 296, Powell's Point, NC 27966 Office address listed as: 3908 Poor Ridge Road, Kitty Hawk, NC 27949 Applicant's Email: Ken Elliot Mine Physical Address:_ YES NO Date Commencing Is this mine a new mine? r r Permit issued: 12/21/99 Have land disturbing activities started? Date? r r , 12/21/99 Latitude:36.15010 Longitude:-75.84510 Please return comments to (at DLR CO): Ashley Rodgers Comments due SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality? No Comments: NPDES permit and O&M plan required No dewatering shall be performed Prior to securing a NPDES permit Mr. Elliot was informed that State Stormwater permit will be required if all impervious area is not sloped toward pit. Current application does not specify the impervious area drainage. Watershed/Stream Name & Classification: UT to Currituck Sound Pasquotank River basin, SC DWQ Compliance Status of Mine: N/A Does this mine (or previous owner) have DWQ back fees to pay? No If yes, amount: N/A Is this mine an active permit in BIMS? No YES NO NPDES permit required? r o, NPDESpermitexisting? f (Permit# If an NPDES permit is not required, is DWQ still concerned about wetland degradation NPDES permit is required r by dewatering? Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if mine has already begun digging or is r , RO Contact Name: _ Contact Reason: r dewatering without DWQ permit) 401 Wetland Cert. required? r r RPV 1antAmhPr inin Print this form to PDF Return PDF of this Wrrn to DLR CO by email. cc DLR RO, DWQ SPU. Send a copy to the permittee. 401 Wetland Cert. existing? r Permit # r oes aTenoug ' n ormation to determine if a 401 certification is required? r r Rnv A.MpmY r?nln Print this form to PDF Return PDF of this form to DLR CO by email. cc DLR RO, DWQ SPU. Send a copy to the permittee. YES NO Are wetlands disturbed at this site? r Does DWQ RO suspect or know of nearby F wetlands to the site? r JD Is a wetland delineation required prior to r Consultant i✓ DWQ issuing the permit? FOnsite? _ Offsite? Stream Determination Needed? r P Stream Determination Completed? r (✓ Does DWQ RO need a statement that no wetlands/streams are disturbed r F_ for this project from applicant? Buffer Determination Needed? r FV Buffer Determination Completed? F- r Recycle system permit existing?* r Permit # Fv New Recycle System permit required?* r Enough information to determine? Non -discharge permit existing?* r Permit # Does this applicant need to contact the regional of Central DWQ Office to r r determine if a State Stormwater Permit is needed? FiCONTROL Will wastewaters discharge to HQW waters r r ,7Q10 ftfM eckB with a 7Q10=0? ** Flow: iretkftnewn. CONTROL r O&M Requirements r HQW/7Q10 Concerns Does DWQ require DLR to hold the permit r Pay back fees or renew (e.g. so DWQ can review it further or DWQ permit r because DWQ requires more information)? CONTROL Please describe the reason to hold the permit: RO contact: r Hold Until: Mine must wait to dewater until an O&M plan is r approved? Rnv Rnnfnmhor 7n1 n Print this form to PDF Retum PDF of this form to DLR Cc by email. cc DLR R0, DWQ SPU. Send a copy to the permittee. Recycle systems that do not meet those criteria are considered discharoing systems and are subject to the NCG020000 discharge permit. "To obtain 7Q10 flows, permittees must contact the DWQ Stormwater Permitting Unit. if DWQ does not have a flow estimate fora specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7010 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies. "" If there is not enough information to give a complete answer, write in the space provided what you will need to answer this question completely, If you require DLR to hold the permit until further notice indicate that in the question below. Reviewed by: DWQ RO Surface Water: Washington Regional Office: Samir Dumoor Date: August 27, 2012 RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable): Pa. R.nf.mhnr inin Print this form to PDF Return PDF or this form to DLR CO by email cc DLR RO, DWQ SPU. Send a copy to the permittee. MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY t rl Project Name: Site No. 2 Mine DLR Permit #: 27-44 County: Currituck Applicant's Email: Ken Elliot (consultant)'s email: ken(d,)kenobx.com Applicant's Mailing Address: PO Box 296, Powell's Point, NC 27966 Mine Physical Address:_ Office address listed as: 3908 Poor Ridge Road, Kitty Hawk, NC 27949 YES NO Date Commencing Is this mine a new mine? r r Permit issued: 12/21/99 Have land disturbing activities started? Date? R r 12/21/99 Latitude:36.15010 Longitude:-75.84510 Please return comments to (at DLR CO): Ashley Rodgers Comments due by: June 1 2012 SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality? No Comments: NPDES permit and O&M plan required, not submitted vet according to Mr. Ken Elliot from Elliot area and how it will be draining. Watershed/Stream Name & Classification: UT to Currituck Sound, Pasquotank River Basin, SC DWQ Compliance Status of Mine: N/A Does this mine (or previous owner) have DWQ back fees to pay? No If yes, amount: N/A Is this mine an active permit in BIMS? No YES NO NPDES permit required? r _ - - - r NPDES permit existing? r (Permit # Fv- If an NPDES permit is not required, is DWQ still concerned about wetland degradation NPDES permit is required r by dewatering? Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if r RO Contact Name _ mine has already begun digging or is Contact Reason: — - dewatering without DWQ permit) 401 Wetland Cert. required? r Print this form to PDF Return PDF of this form to DLR CO by email. cc DLR RO, DWQ SPU. Send a copy to the permittee. 401 Wetland Cert. existing? r Permit # Ir r Does DWQ RO have enough information to determine if a 401 certification is required? r� Pnnt this tbrm to PDF Retum PDF of this form to DLR CO by email. cc DLR RO, DWO SPU. Send a copy to the permihee. YES NO Are wetlands disturbed at this site? r IV Does DWQ RO suspect or know of nearby wetlands to the site? r JD Is a wetland delineation required prior to F_ Consultant DWQ issuing the permit? r Onsite? r Offsite? Stream Determination Needed? r r Stream Determination Completed? r Does DWQ RO need a statement that no wetlands/streams are disturbed r for this project from applicant? Buffer Determination Needed? r Buffer Determination Completed? F_ FV Recycle system permit existing?* r Permit # r New Recycle System permit required?* r F Enough information to determine? Non -discharge permit existing?* r- Permit # r Does this applicant need to contact the regional of Central DWQ Office to Fv-, r determine if a State Stormwater Permit is needed? r Unknown. Will wastewaters discharge to HQW waters r r 7010 Permittee with a 7Q10=0? ** -- Flow. must determine. Has Violation F_ O&M Requirements r HQW/7Q10 Concerns Does DWQ require DLR to hold the permit r Pay back fees or renew (e.g. so DWQ can review it further or DWQ permit because DWQ requires more information)? r Other. Please describe the reason to hold the permit. RO contact: r Hold Until: Mine must wait to dewater until an O&M plan is r approved? *The NPDES SW and WW permit NCG020000 covers closed -loop recycle systems designed to exclude all stormwater run-oHfrom the system and operate at or below two -feet of freeboard. These systems maybe permitted by a Non -discharge Recycle System Permit from the Aguifer Protection Section (APS). OR may instead be permitted under NCGO20000 to eliminate an additional permit. Pnnt this form to PDF Return PDF of this form to DLR CO by email. cc DLR RO, DWQ SPU. Send a copy to the permittee. Recycle systems that do not meet those criteria are considered discharging systems and are subject to the NCG020000 dischartje ' permit. "To obtain 7Q10 flows, permittees must contact the DWQ Stormwater Permitting Unit. If DWQ does not have a flow estimate fore specific stream, permittees will be asked to obtain one. Permiftees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies. "' If there is not enough information to give a complete answer, write in the space provided what You will need to answer this question completely. If you require DLR to hold the permit until further notice, indicate that in the question below. Reviewed by: DWQ RO Surface Water: Washington Regional Office: Samir Dumpor Date: June 6, 2012 RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable): A4 0 Division of Water Quality / Surface Water Protection NCDENR National Pollutant Discharge Elimination System rxnm fiacu.n i. , NCG020000 NOTICE OF INTENT FOR AGENCY USE ONLY Date Received Year Month Da Certificate nfCovere e Ch<ck k 'mo-t N mit As,.gmd 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 Mining Industry (except as specified below) The following activities are also included: • Active or inactive mining operations (including borrow pits —except for NCDOT borrow pits) 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 specifically excluded from coverage under this General Permit: • Stormwater discharges associated with peat mining, 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 days prior to construction'. For existing mining sites that require an Authorization to Operate (A TO) 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 wastewater at mining sites will require an ATC prior to construction per 15A NCAC 2H .0138. Please seethe NCGO20000 General Permit for details about which treatment facilities require an ATC (summarized in Table 1 below). The authorization to construct or continue to operate will be issued at the same time as the Certificate of Coverage (COC) for the NCG02 permit. Design of treatment facilities must comply with requirements of 15A NCAC 2H .0138 & .0139. Construction of wastewater treatment facilities at new orexisting mining sites requires submit 'As per 15A NCAC 2H .0106 'Unless treatment facilities are designed, constructed, and put such work for their respective companies in accordance with C by a P.E. 1NPAR 1 8 2013 in the NCG02 permit Ab!arel uiilf'4tl must be signed a SWU-NCG02-NOI NCG020000 N.O.I. 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: Summary of Wastewater Permit Requirements Quarterly Monitoring? Requires A to C? Mine Dewatering (MD) Yes No Yes No MD Discharges that do not need treatment other than E&SC to meet permit conditions ✓ MD Discharges that need treatment other than E&SC to meet permit conditions Process Wastewater Other Recycle ✓ ✓ Closed Loop Recycle ✓ ✓ Any Other Process WW ✓ ✓ For contact the DWO Regional Office for your area. (Please print or type) 1) Mailing address of owner/operator (address to which all permit correspondence will be mailed): Owner Name Owner Contact Roy L. Etheridge, Sr.. Ken Elliott (consulting) Street Address PO Box 296 City Powell's Point State NC ZIP Code 27966 Telephone No. 252-261-3073 Fax: E-mail Address ken0kenobx.com 2) Location of facility producing discharge: Facility Name Site #2 Mine Facility Contact Roy L. Etheridge, Sr.. Ken Elliott (consulting) Street Address S. Ferebee Lane City Powell's Point State NQ _ ZIP Code 27966 County Currituck County Telephone No. 252-261-3073 Fax: Contact E-mail ken®kenobx.com 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). From Powell's Point Post Office at intersection of Caratoke Hw_y (US 158) & Newbern's Landing Road, go south 1.27 miles, turn left on dirt lane (marked Ferebee Lane), follow lane 0.36 miles, entrance to permit area & pond Is on the right. 4) Latitude 36° 09"02.94" Longitude -75' 5041.93"" (degrees, minutes, seconds) Page 2 of 9 SWU-NCG02-NOI Last revised 6/7/2010 NCG020000 N.O.I. Permits: 5) This NPDES Permit Application applies to which of the following: X New or Proposed Facility Date operation is to begin July 2012 ❑ Existing ❑ New Permit not applicable — ATC request only. NPDES Permit Number 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: 1442 7) Provide a narrative description of the types of minerals mined at this facility: 8) Is this mine an inactive mine site? X No ❑ Yes If yes, do you posses an 'Inactive Renewal' from DLR and notified the DWQ Regional Office or have you certified to the DWQ that the site has been stabilized? ❑ No ❑ Yes 9) Does this facility already have a valid Mining Permit from the Division of Land Resources (DLR)? ❑ No If No, please indicate the status of the Mining Permit application: X Yes If yes, please provide the Mining Permit number: 27-44 Please also provide a copy of your DLR Mining Permit with this DWQ application. Note: DWO cannot issue a COC for the NCGO20000 General Permit until a Mining Permit is issued or renewed by the Division of Land Resources (DLR). 10) Does this facility have any other NPDES permits? X No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? X No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 12) Does total area of this mine site include ready -mix and asphalt areas? X No ❑ Yes If yes, do they have DWQ stormwater permits (if owned by the same company)? ❑ No (provide permit number ) If not owned by the same company, who is the owner? 13) Will this mining operation precede development activities at this site? ❑ Yes X No ❑ Yes 14) Is this mine located within one of the 20 Coastal Counties and will it add more than 10,000 ft2 of impervious surface? X No Page 3 of 9 SWU-NCG02-NOI Last revised 6/7/2010 NCG020000 N.O.I. ❑ Yes If yes, you may be required to apply for an additional state stormwater permit. Check with your local Regional Office. See contact information and checklist below. 15) Is this mine located the Nauss, Tar -Pamlico, or Catawba River Basin, or the Randleman or Jordan Water supply Watersheds? X No ❑ Yes If yes, what size stream buffers are included on site? ft. Please show buffers in site plans. Discharge Points, Receiving Waters &_ Wetlands: 16) Receiving waters: What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater and/or wastewater discharges end up in? Betsy's Creek to Currituck Sound 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). Receiving water classification (if known): SC Note: Discharge of process wastewater to receiving waters classified as WS•II to WS-V or SA must be approved by the N.C. Dept. of Environmental Health. If DEH does not approve, coverage under NCG020000 cannot be granted. No new discharges of wastewater are permitted in receiving waters classified as WS-1 or freshwater ORW. Wastewater discharges to Saltwater ORW will not be approved under the NCGO2 General Permit. 17) If your facility has wastewater discharges and they are to HWQ, PNA waters (Primary Nursery Areas) waters, what is the flow rate? (See htip://www.ncdmf.nettmaps/FNA maps/index.htni for map) 18) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Onsite: Stormwater: Mine dewatering: 1 _ Process Wastewater Overflow: Offsite: Stormwater: Mine dewatering: Process Wastewater Overflow: Discharge points should be clearly marked on the submitted site plan. Please provide short narrative description of discharges: Sediment pond outlet control device is located 75ft from inlet from excavation and constructed 2ft from pond bottom. Sediment pond water discharges from outlet Into stabilized woods ditch flowing northeast 650'. then southeast 350' to blue -line irrigation ditch. Ditch leads 6800' to Betsy's Creek, thence 2200' to Currituck Sound. a) Is your mine dewatering and discharging? (Answer only if you are dewatering) ❑ No X Yes If yes, where to? _ Surface Waters and/or Wetlands (on -site or off -site) _X_ Other (on -site or off -site) Describe: Ditch leading 980' to blue -line stream b) Are you dewatering but not discharging? (Answer only if you are dewatering) X No ❑ Yes If Yes, please explain how you are dewatering, and where that water will be directed: Page 4 of 9 SWU-NCG02-NOI Last revised 6/7/2010 NCG020000 N.O.I. 19) Will mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlands? X No ❑ Yes 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 a Pumping Operation and Monitoring (O&M) Plan that has been approved by the Division. For sites that may drain wetlands — approval of a Pumping O&M plan may be required prior to coverage under this general permit The Pumping O&M Plan should be submitted to the appropriate 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. See checklist at end of document. Contact your local Regional Office for questions specific to your mine. 20) If you are dewatering, are there wetlands or surface waters within 400' of the mine pit perimeter? X No ❑ Yes If yes, what distance are they from the mine pit perimeter? 21) Have you been required to obtain a 404/401 Certification permits? X No ❑ Yes If yes, please briefly describe below (include information such a required mitigation, BMPs, setbacks, and/or O&M plans for on or off -site wetlands or other pertinent information). Attach other sheets as necessary: 22) Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers? X No ❑ Yes If yes, please attach to application submission. Stormwater BMPs: 23) Does this facility employ any best management practices for stormwater control? X No ❑ Yes If yes, please briefly describe: 24) Does this facility have a Stormwater Pollution Prevention Plan? X No ❑ Yes If yes, when was it implemented? 25) Will vehicle maintenance activities occur at this facility? X No ❑ Yes Page 5 of 9 SWU-NCG02-NOI Last revised 6r712010 NCG020000 N.O.I. Wastewater Treatment Facilities: 26) Will mine dewatering discharges occur? (An ATC/ATO is required for wastewater treatment facilities' dewatering discharges where E&SC devices alone will not meet effluent limits and/or protect water quality standards). ❑ No X Yes 27) Will discharges of overflows from process wastewater treatment systems occur? (ATC or ATO required, unless closed -loop recycle system) X No ❑ Yes If yes, answer the following questions for each wastewater treatment system: a. Please describe the type of process used to treat and/or recycle the process wastewater. Give design specifics (i.e. 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 If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive L Note: Please see our website fora fist of evaluated polyacrylamide (PAMS) products for use in North Carolina. c. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ❑ No ❑ Yes 28) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? X 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.) Other: 29) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? X No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? X No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? X No ❑ Yes d) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: Page 6 of 9 SWU-NCG02-NOI Last revised 6/7/2010 NCG020000 N.O.I. How is material stored: Where is material stored: How many disposal shipments per year: Name of transport / disposal vendor:_ Vendor address: 30) Are you applying for a mining permit in the same location as a previously permitted mine? ❑ No X Yes If yes, specify permit number and name if known: Modification to Permit # 27-44 31) Does your site have an active landfill within the mining permit boundary? X No ❑ Yes If yes, specify type: ❑ LCID ❑ Other: 32) Is your facility providing appropriate secondary containment for bulk storage of liquid materials? See permit text online for secondary containment requirements. X No ❑ Yes Final Checklist: This application will be returned as incomplete unless all of the following items have been included and initialed for. Please show that the following required information has been included by initialing in each space below. Fee of $100 made payable to NCDENR 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. 2 copies of large-scale site plan with topographical lines with all outfalls, applicable buffers and wetlands clearly delineated A copy of your DLR mining permit A copy of your US Army Corps -approved wetland delineation if you marked 'yes" to question 22 above. If mine site is in one of the 20 Coastal Counties, • Applicant has checked with the appropriate regional office to verify the need for a Coastal State Stormwater permit. Regional Office Contact: _Samir Dumpor • Applicant has included a detailed list of impervious surface areas and percentages, sub -drainage areas and total drainage area. Sand Mine -re -existing <10 000 sf impervious surface added If the mine is dewatering and near wetlands, or may otherwise impact surface waters or groundwater, include the following and contact your local regional office about a Pumping O&M Plan (see below for contact information). You may be required_to-provide an -approved Pumping O&M plan prior to NCG02 issuance. 2 copies of detailed Full Size Plans delineating areas on the plans and listing acreage (including: wetlands, ditches, well -placements, pits, borrow areas, overburden storage, stormwater controls/BMPs, vehicle maintenance areas, settling basins, product process (such as screening, stockpiles, waste piles), total drainage area, impervious surface percentages (if state sw programs apply), applicable buffers, and access and/or haul roads). _Well information (design, depths, maintenance) _Physical monitoring for the wetlands areas _Settling pond sizing information, if applicable Page 7 of 9 SWU-NCG02-NOI Last revised 6/7/2010 NCG020000 N.O.I. _Level spreader design, if applicable _Details about dewatering method _Cone of influence calculations _Description of measures to prevent erosion and flooding _Description & information about 401/404 permits that have been obtained _Copy of US Army Corps of Engineers wetland delineations or approved wetland delineation (if applicable) I have contacted my local regional office about a Pumping O&M Plan. Regional Office Contact: Samir Dumpor Date contacted: May 2012 -OR- _X_ I will not any impact nearby wetlands, surface waters or groundwater by dewatering. 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 NCGO2000 are summarized 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 stonmwater is flowing off -site, the plan must show that stormwater will not be mixed with wastewater. Certification: North Carolina General Statute 143-215.6 b (i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material 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 guilty 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. I 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. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES 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. Page 8 of 9 SWU-NCG02-NOI last revised 6/7/2010 NCG020000 N.O.I. I 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. I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: Roy L. Etheridge, Sr. Title: Owner /�Operrattor 6te , L � L�Y'l.a. ' �. July 9. 2012 (Signafure of Applicant) J (Date Signed) Notice of Intent must be accompanied by a check or money orderfor $100.00 made payable to NCDENR. Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit. For questions, please contact the DWQ Regional Office for your area. DWO Regional Office Contact Information: Asheville Office ...... (828) 296-4500 Fayetteville Office ... (910) 433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-5000 Central Office .........(919) 807-6300 Page 9 of 9 SWU-NGG02-NOI Last revised 6r7/2010 43738 TNT SERVICES, INC. 4 PLANT (252) 261-3073 P.O. BOX 296 N*POWELLS POINT. NC 27966 �� East Carolina Bank MyEMcom 66-679-531 3/14/2013 /Ulf6 ��v W3 PAY TO THE ORDER OF NCDENR $ "100.00 One Hundred and 00/l00"+rrr+rws+rrs+•a•++•+sw+t+sssss+ssss+++s+•rrss+»w++swsrwrrss++ursrssr•+swss+++r+r+r• NCDENR Stormwater and General Permits Unit Division of Water Qualty 1617 Mail Service Center MEMO Raleigh, North Carolina 27699-1617 NCG020000 SIGW RE AUTHORI2EO SIG TORE P fr P DOLLARS N 0 OPERATION AND MAINTENANCE PLAN SAND MINE DEWATERING AND WATER CONTROL STRUCTURE Operator: Roy L. Etheridge, Sr., PO box 296, Powell's Point, NC 27966 Job Location: Site #2 Mine, South Ferebee Lane, Powell's Point, NC 27966 NCDLR Permit #27-44 County: Currituck County Prepared by: Ken Elliott, consultant Date: July 16, 2012 This plan defines responsibilities for operating, inspecting, and maintaining equipment and structures used for constructing and dewatering the Site #2 Mine safely, and that dewatering will not degrade or negatively impact any wetlands or waters of the state. Description and Operation of the Site #2 Mine & Dewatering Process: The Site #2 Mine is an existing permitted 4.8-acre sand mine excavation in a 14.1 acre permit area located 1 mile southeast of Powell's Point, NC on high sandy land. The mine has been in operation for approximately 20 years with the last modification being in 2010. At this time Mr. Roy L. Etheridge, Sr. is filing an application with DLR to modify and expand the excavation to a total of 8.51 acres, adding acreage to the previous permit area which includes an existing settling pond, with the end result being a new permit area of 16.68 acres. There is an existing 0.76-acre pond located 50 feet from the northeast corner of the main existing excavation that was excavated in the early 1970's by the previous owner, Mr. Junior Riddick. The pond was bermed during this excavation and the berms were allowed to grow up in trees and groundcover afterward. The area surrounding this pond at this time is completely covered by hardwood and pine, and still has the original loft x 4ft berms. Mr. Etheridge would like to be allowed to de -water his main pond occasionally and wants to use this 0.76-acre pond to process the mine dewatering wastewater. Dewatering the main pond will allow for full depth excavation and proper reclamation of the edges of the pond. It is the intention of Mr. Etheridge to only dewater the excavation as needed, which will not entail full-time dewatering. The outlet for the dewatering pump from the main pond will be located on the southeast corner of the sediment pond, and there will be an overflow outlet located on the northeast corner of the sediment pond. The discharge point will release clear water to a woods ditch, leading 650 feet northeast and then 350 feet southeast to a blue -line irrigation ditch, draining 6800 feet to Betsy's Creek and then 2200 feet to Currituck Sound (see attached map for outflow route and discharge point locations). Water will be pumped from the main pond to the sediment pond by a 6in gasoline -powered transfer pump operating at idle speed. Estimated maximum flow from the pump will be 325 gal/min (19,500 gallons / hour. Water will travel 50 feet through a buried 6in pipe to the southwest corner of the sediment pond. It is the intention of Mr. Etheridge to drop the water level in the main pond approximately 20 feet when needed, which is anticipated to be only once or twice a year, not full time or year round. The overflow from the sediment pond will be controlled by a rock baffle/weir constructed in the northeast sediment pond berm, 2 feet below the top lip of the berm, and will consist of NC DOT Class B stone lined with NC DOT #5 or #57 stone on upper side (see attached diagram). This control structure will allow water to flow through the baffle into an existing 8ft wide woods ditch located adjacent to the northeast berm of the sediment pond. For erosion control, the overflow water will exit the rock baffle onto a 20ft long riprap-lined apron in the ditch. The overflow water will then travel northeast 650 feet and then southeast 350 feet where it will join an existing 25ft wide irrigation ditch (blue -line) and flow from there into 6800 feet into Betsy's Creek, and then 2200 feet into Currituck Sound. Time and distance will allow all sedimentation to occur to acceptable levels before the overflow water reaches outfall and then the waters of the State. Water will have to travel a minimum of 200 feet to reach the overflow point which will give enough surface area to allow sufficient sedimentation to occur. There will be a minimum 3ft tall berm around the perimeter of the sediment pond to prevent offsite stormwater from entering the sediment area and damaging sedimentation rates. Sedimentation and Erosion Control Overflow point will be on the northeast corner of the sediment pond, flowing into an existing 8ft wide feeder ditch that leads 1000 feet to a blue -line irrigation canal. Overflow into the feeder ditch will be stabilized by riprap installed in the feeder ditch at the overflow (see diagram) to prevent erosion of the ditch. All erosion and sedimentation will remain inside of the permit area. During mining operations and dewatering, the majority of the water leaving the excavation will remain inside of the permit area and will only overflow occasionally. The sediment area is approximately 6 feet deep, and there is a sand layer below the bottom of the area. The porosity of the soil under the sediment pond will allow most of the water pumped into the pond from dewatering to seep back into the ground naturally. Any excess water overflowing from the sediment pond will flow downstream towards Betsy's Creek, located 1.5 miles away, and then on to Currituck Sound. Maintaining the Sediment Pond Overflow Control Structure, Settlement Pond and Ditches Inspections and maintenance are required to obtain the intended function of safely dewatering the sand mine, and to maintain the life of any adjacent wetlands or waters of the State. Items to inspect and maintain during the 10 year life of the mine dewatering permit are: • Inspect the water control structures regularly, especially following heavy rains and runoff, or during periods of operation of the structure. • Remove accumulated debris from the riprap overflow control structure. • Inspect the structure for excessive settlement or seepage. • Inspect all components of the structure, including appurtenances, and repair or replace any damaged items as needed. • Inspect embankments, berms and appurtenant structures, and repair as needed. • Repair any damage to vegetated areas or berms with compacted earth fill, reshaping, sodding, reseeding and mulching as needed. • Inspect riprap outlet stabilization structures in ditches regularly, replace dislodged rock as necessary. • Promptly repair all leaks in delivery facilities by replacing valves, fittings, gaskets, and worn or damaged parts. • Maintain all screens, filters, valves, timers and other electrical and mechanical equipment in good operating condition, following manufacturer's recommendations Monitoring the Process and Effects of Dewatering Analytical and qualitative monitoring of mine dewatering wastewater will be in accordance with the NCG020000 permit, as follows: • All ponds in the Site #2 Mine permit area will be inspected daily by the operator to identify any abnormal conditions. • All berms and erosion control and sedimentation control structures will be inspected following significant (1/2-inch) rainfall events for damages, and all structures will be repaired immediately. • Special inspections will be conducted immediately following severe storms, vandalism, and other significant events. • Dewatering process will be inspected daily during periods of dewatering the excavation. • Overflow of wastewater process will be inspected daily during periods of dewatering the excavation. • Outflow of dewatering wastewater will be monitored quarterly at the overflow exit stabilization structure for pH, settleable solids, turbidity, and total flow. Samples will be collected and tested onsite for pH, and the remainder will be tested for the remaining parameters by a North Carolina certified lab. • Rain gauge data will be collected by monitoring rain gauge data monthly and after each rain event. Records Data will be collected as follows: • Data will be collected from samples taken from the wastewater point source discharge in operation at the time. • Point source discharge data: data from the site taken quarterly, date & time, general weather conditions, pH of sample, status of process at point source, inlet or outlet, other DWQ required data. • Visual monitoring of adjacent woodlands for potential dehydration during mining or dewatering activities will take place weekly, photography of the woodland areas will be done as needed and documented. Solutions to any degradation caused by any mining activity will include alteration of dewatering process. DWQ will be consulted as needed; alterations to process will be recorded. • Elliott Consulting will maintain the following records in a permanent file at the Elliott Consulting office at PO Box 112, 202 Elliott Road, Aydlett, NC 27916: a record of all significant actions taken; as -built drawings; permits; analytical results from sampling; and related material. Copies of all inspections, monitoring reports and lab analyses shall be provided to NCDWQon a regular basis and as requested. BMP Conditions • The permittee will utilize best management practices to ensure that dewatering Site #2 Mine will not degrade or negatively impact any wetlands or waters of the State. • The permittee shall obtain authorization from the Director of the NCDWQ prior to utilizing any chemical flocculants at Site #2 Mine. Signed, Ken Elliott for Roy L. Etheridge, Sr. July 16, 2012 H—► EXISTING WEST BERM (VEGETATED) ROY FTHFRIDGE - ETHERIDGE SITF {:'.NINE POWELI'S POINT NC CURRITUCh COUNTY CROSS -SECT ON OF EZIS LNG 0.16 ACRE SEDIM@TT POND, NEW FROM S06'H PREPARED MAv 3 2C12 8v NEN ELLIOTT CONSULTING WATER LE VEL IN PVJD 11 D' AVG POND WIDTH 9pC'gVG POND LEJGTY ROO, OVERFLOW BAFFLE WILL BE LOCATED AT NORTHEAST END OF SEDIMENT POND WATER REMOVED FROM MAIN POND WILL BE PUMPED INTO SOUTHEAST END OF SEDIMENT POND AW WILL 0vERFLOW FROM NORTHEAST END OF POND EXISPNG SEDIMENT POND BERMS ARE VEGETATED WITH GRASSES AND FULL GROW'H TREES WHICH WILL REMAIN W PLACE E(ISTING EAST BERM o,mr..uesn ('IEGETA-ED) Sand Berm with Overflow Rock Baffle / Weir Practice Standards and Specifications 6.87 — Check Dam with Weir Etheridge Site #2 Sand Mine Ferebee Lane, Powell's Point, NC Currituck County Definition: Stone dam structure with a weir outlet with sediment storage area on the upper side, installed in sand berm. Purpose: To reduce erosion in overflow drainage outlet during mine dewatering operations and major rainstorms by reducing velocity of flow, and provide sediment control. Siting: To be placed at northeast end of sediment pond perimeter berm (8ft x 3ft sand berm), to allow outfall into existing drainage ditch, leading to Currituck Sound. Aggregate Size: NC DOT Class 8 stone lined with NC DOT #5 or #57 stone on upper side. Construction Specifications: Keep center stone section 6 inches below top of sand berm. Place sediment control stone minimum 1ft thick on upstream side of berm at weir. Provide 9ft long stone apron on lower side of berm to flush with surrounding grade. Maintenance: Inspect check dams weekly and after significant rainfall and repair immediately if needed. Clean out limbs, sediment and other debris that could clog the weir. Add stones to check dam to maintain correct height. Maintain vegetative ground cover on berm, repair berm erosion as needed. Ken Elliott, consulting July 16, 2012 Discharge Outfall Outlet Protection: Construction Details Practice Standards and Specifications 6.15 Etheridge Site #2 Sand Mine Ferebee Lane, Powell's Point, NC Currituck County 6.15 Riprap Trapezoidal Riprap Channel D0 51gn top'"dlh epth Design dIIiP s sir--7: -Z Filter layer. gravel or labric Definition: Riprap lined apron located at end of mine dewatering overflow rock baffle to prevent scour and undermining in existing ditch, and to absorb the impact of the water flow and reduce the velocity to non -erosive levels, before flow reaches wetlands. Riprap Apron Size: Overflow rock baffle discharges directly into well-defined channel. The apron will extend across the channel bottom and up the channel banks to the top of the bank. Length of apron will be 9-feet downstream to maintain velocity control of maximum 2.0 feet per second. Grade: Apron will have zero grade and no overfill at end of apron. Alignment: Apron will be straight throughout entire length if possible. If curve is necessary to align the apron with the receiving channel, the curve will be located in the upstream section of the riprap. Materials: Riprap will consist of a well graded mixture of NCDOT Class A (2" to 6") stone or slag. Thickness: Minimum thickness of riprap will be 1.5 times the maximum stone diameter. Filter: Operator plans to install a layer of heavy duty silt fence filter cloth between the riprap and the underlying soil to prevent soil movement into or through the riprap. Filter cloth will extend to the top of both channel banks, and edges will overlap 12 inches. Upstream end will be buried 12 inches and downstream end will be buried if necessary. Maintenance: inspect riprap outlet structures weekly and after significant rainfall events to see if any erosion around or below the riprap has taken place, or if stones have become dislodged. Repair all damage immediately. Maintain all vegetation adjacent to the channel in healthy condition to prevent scour or erosion during out -of -bank flow. Control weeds and brush growing in the riprap by cutting. Ken Elliott, consulting May 2, 2012 s n r _ A%WO Rivrr Point 1 N vowob ETHERIDOW D MINE ,\ S of EE LANE ` i writer b I rower° z 075.8666666" W 075.8500000` W 1 z m Name: JARVISBURG Date: 2/12/2010 Scale: 1 inch equals 2000 feet t 1 II $GALE1:24WO r7! 1 MILES 1000 YARDS 1 KNAMMR 75. Location: 036.1467077° N 075.8440869° W NAD 83 Caption: ROY ETHERIDGE SAND MINE- PERMIT NO.27-44 z ©M N/F ROY ETHERIDGE 15.00 AC N/F ROY ETHERIDGE 10.00 AC N/F O O CHARLE5 EDWARD (1 YglNli JR O SEDIMENT POND,' s O N/F XHIN HUMS a Assoc O ROY ETHERIDGE DGE t0.00 0.00 AC (� N/F x/ v ROY ETHERIDGE BfNNEmS CREEK 7.04 AC NURSERY INC O EXISTING EXCAVATION 4.2 AC N/F N/F I.B. EXTEMNCLSM LLC ROY ETHERIDGE \ N/F 704 AC ROY ETHERIDGE N/F 6.(b Al. N/F NRF X CARRIER INC •, ROY ETHERIDG PROPOSED NEW 1.00 AC EXCAVATION RA 0.51 AC CURATXK COLD TY R/F X1HN HUMS 0 xA x/F a ASSOC CIIRIFILKA N/F _-HERSEY NORRIS' [OUNI( PHYWSa WIIBERT B0.0WN X� 'f1ERSEY N00.0.15 R/F X)HN HARRIS a ASSOC Nip , RNO CLYDE N/F HAYDENFEREBEE A 0.0NALD a , HELVE DAMS O N/F CI O • • FE0.EBEE N/F 11Mf5 0.EYXOL05 , ooxN/F O N/E uB a O TODD IEROSE ]OSEFH RIDES EE NIP \ MAUNA CAROL O ` N%ORMAN NYBORG, OVERVIEW MAP \ ` \ 0•' SITE #2 MINE \ ROY L. ETHERIDGE, SR. %\ \ POWELLS POINT, NC \ N/F O, CURRITUCK COUNTY ` MALL AMILY LP 2 ` ` \ ADJACENT LANDOWNERS SHOWN \ Map prepared 7-16-12 Ken Elliott, consulting a ,t. v MINE MAP SITE #2 MINE PERMIT # 27-44 ROY L. ETHERIDGE, SR. - OPERATOR POWELL'S POINT, NC CURRITUCK COUNTY/ MAP PREPARED JULY 07, 2012 KEN ELLIOTT, CONSULTING / SCALE: 1 IN =/ 100FT / 91, WELL / / / / / SEDIMENT POND BERM - 2:1 SLOPE / 0y / Q * / WELL N/F ROY ETHERIDGE ,PS WELL S RF WELL S N/F I.B. ENTERPRISES INC WELL �y / , / SITE #2 MINE EXCAVATION - 8.51 AC / STOCKPILE - 1.23 AC BERMS - 0.80 AC / UNEXCAVATED BUFFERS -�2.45 AC OTHER UNEXCAVATED AREAS - 2.57 AC ACCESS ROAD TO US 158 - 0.36 AC TOTAL DISTURBED AREA - 15.92 AC SEDIMENT POND (NOT BONDED) - 0.76 AC TOTAL PERMIT AREA - 16.68 AC / / J. j• / OPO•• ,Q V f FO RMER MER (DEMOLISHED)SHED) '04'P w B&qtj C N/F �O 2(7 RIPRAP 1 I .. • ; OVERFLOW \ ROY ETHERIDGE d urvLO WEIR e IXf1FW `Rod,+ `•' CEURWR / MASTSUPPORT / LIMP SEDIMENT POND (EXISTING 0,76AG POND) (NOT BONDED) O F} 3FTT WOODED �QiILj /• �:41�P;• / AREA \ F% \ FQ N/F / \ ETHERIDGE \•.\� / / / / STOCKPILE AREA / N/F / ROY ETHER[ E: `• / / / // •OPO • •: P� r / ••JZ �02 N/F CURRITUCK COUNTY N/F JOHN HARRIS &ASSOC g / / / / / / / N/F ROY ETHERIDGE , / F / / / / / / DEEDED ACCESS TO NORRIS PROP ` N/F `\ HERSEY NORRIS PERIMETER BERM - 2'.1 SLOPE ....P:.......... , PROPOSED NEW EXCAVATION AREA N/F ROY ETHERIDGE EXCAVATION POND BERM -2:1 SLOPE N/F HERSEY NORRIS CELL TVR MAST SUPPORT N/F -S CREEK NURSER N/F TURF & GARDEN INC r � N/F JOHN HARRIS &ASSOC Jc � let N/F JOHN HARRIS & ASSOC ` N/F \ `. RONALD & \ NELLIE DAVIS `� RECLAMATION MAP SITE #2 MINE PERMIT # 27-44 ROY L. ETHERIDGE, SR., OPERATOR POWELL'S POINT, NC CURRITUCK COUNTY MAP PREPARED JULY 07, 2012 KEN ELLIOTT, CONSULTING SCALE: I IN = 1 OOFT e 4�p N/F I.E. ENTERPRISES INC SEDIMENT POND BERM - 2:1 SLOPE N/F ROY ETHERIDGE N CELL R MASTSUPPORT SENM ENTPOND 0,76AC 4 'N' ........... ........................ 4 . : ; PROCESSING I /AIREA EXISTING SED POND BERM WILL REMAIN AFTER RECLAMATION N/F 0 ROY ETHERIDGE SITE #2 MINE EXCAVATION - 8.51 AC STOCKPILE- 1.23AC BERMS -0.80AC UNEXCAVATED BUFFERS - 2.45 AC OTHER UNEXCAVATED AREAS - 2.57 AC ACCESS ROAD TO US 1$ - 0.36 AC TOTAL DISTURBED ARFA - 15.92 AC SEDIMENT POND (NOT BONDED) - 0.76 AC TOTAL PERMIT AREA - 16.68 AC 0 Iscl. N/F ROY ETHERIDGE N/F ROY ETHE N/F CURRITUCK COUNTY SLOPE & BERM DETAIL N/F ROY ETHERIDGE N, QR N, DEEDED ACCESS NORRIS PROP 'N N/F HERSEY NORRIS 'N N N/F HERSEY NORRIS N/F JOHN HARRIS & ASSOC EXISTING PERIMETER BERM WILL REMAIN AFTER RECLAMATION PERIMETER BERM - 2:1 SLOPE N/F ROY ETHERIDGE SLOPE & BERM DETAIL N N/F RONALD 9 NELLIE DAVIS CELLTWR MAST SUPPORT 0 N/F S CREEK NURSER IVN/F TURF & GARDEN INC ps N/F JOHN HARRIS &ASSOC F N/F JOHN HARRIS & ASSOC SEDIMENT POND TO CURRRUCK PAGE t 1 � OWN BLUELINESTREAM DU CH STARTSRERE ��...l IN • I E 01 )e•y Date 1 3,. 2008 1993 36 1 7F 7�2 '.ti e . \^I earth I tye ail 4334 I fJ January 16, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1126 4830 Mr. Roy L. Etheridge PO Box 296 Powells Point, North Carolina 27966 RE: Permit No. 27-44 Site No. 2 Mine Currituck County Pasquotank River Basin Dear Mr. Etheridge Your recent request to have the above referenced mining permit modified has been approved. The modification is to increase the permitted acreage to 39.04 acres and the affected acreage at this site to 15.92 acres as indicated on the Mine Map revised August 6, 2012. This modification includes the expansion of proposed excavation area to the south and east, a new stockpile area, additional undisturbed buffers and clarification of existing buffers, the relocation of a portion of the haul road, and approval to dewater and discharge from a settling pond onsite. The permittee name has also changed from Roy L. Etheridge, Sr. to Roy L. Etheridge. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to insure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification. I would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 4C, 4E, 9B and 13. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. As a reminder, your permitted acreage at this site is 39.04 acres and the amount of land you are approved to disturb is 15.92 acres. Certified Mail Mr. Etheridge Page Two In addition, we have received the $21,100.00 Assignment of Savings Account (no. 53510424) issued by The East Carolina Bank for the referenced mining operation. As this new Assignment of Savings Account sufficiently covers the mining operation, the enclosed Irrevocable Standby Letter of Credit (no. 7110413303) for $6,100.00 issued by The Bank of Hampton Roads is hereby released by the Department of Environment and Natural Resources for your disposal. Please review the modified permit and contact Ashley Rodgers, Assistant Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. Sincerely, Janet S. Boyer, PE State Mining Specialist Land Quality Section JSB/ar Enclosures cc: Mr. Pat McClain, PE Ms. Shannon Deaton - WRC, w/permit Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, w/ permit File DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND 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: Roy L. Etheridge Site No. 2 Mine Currituck County - Permit No. 27-44 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: January 18 2021 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or.suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications January 18, 2011: This permit has been modified to increase the affected acreage at this site to 5.87 acres as indicated on the Mining Plan last revised October 29, 2010 and received by the Land Quality Section on November 15, 2010. This modification includes the reconfiguration of the mining limits and a small expansion of the mine excavation area and stockpile area.. In addition, the modification includes the increase of the mine depth from 25 feet to 30 feet and the transfer of the permit from Roy Etheridge to Roy L. Etheridge Sr. January 16, 2013: This permit has been modified to increase the permitted acreage to 39.04 acres and the affected acreage to 15.92 acres as indicated on the Mine Map last revised August 6, 2012. This modification includes the expansion of proposed excavation area to the south and east, a new stockpile area, additional undisturbed buffers and clarification of existing buffers, the relocation of a portion of the haul road, and approval to dewater and Page 3 discharge from a settling pond onsite. The permittee name has also changed from Roy L. Etheridge, Sr. to Roy L. Etheridge. Expiration Date This permit shall be effective from the date of its issuance until January 18, 2021. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. Page 4 B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. No dewatering activities shall occur at this site until an O&M plan has been approved by the Division of Water Quality. D. The mine depth shall not exceed 30 feet below the surrounding natural ground elevation. E. Mining activities shall occur as indicated on the Overview Map prepared August 6, 2012 and the Mine Map revised August 6, 2012 as well as the supplemental information received by the Land Quality Section on August 21, 2012 and September21, 2012. 5. All affected area boundaries (15.92 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 sedimentation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. B. Buffers shall be maintained as indicated on the Overview Map prepared August 6, 2012 and the Mine Map, revised August 6, 2012. 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 Page 5 Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral, and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral, and Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 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 $21,100.00 Assignment of Savings Account, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 6 B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 7 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 8 3. 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 D. E. The affected land shall be graded to prevent the collection of noxious or foul water. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October October 25- February 15 Soil Amendments Species Rate, Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime - 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer - 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibs/acre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. Page 9 In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued December 21, 1999, and renewed and modified January 18, 2011 is hereby modified this 16`" day of January, 2013 pursuant to GS 74-52. In Tracy E. Davis, Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application to modify this mining permit filed by Roy L. Etheridge to conduct mining activities off Caratoke Highway (US 158) in Currituck County. The mining permit (no. 27-44) was modified on January 16, 2013. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA and NC General Statute 74-61, a petition for a contested case must be filed in the Office of Administrative Hearings within thirty (30) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 15013-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 431-3000. You must serve the Department of Environment and Natural Resources by mailing copy of the petition to Mr. William Cary, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. This notice was mailed on Tracy E. Davis Director Division of Energy, Mineral, and Land Resources North Carolina Department of Environment and Natural Resources Brenda Harris Mining Program Secretary RECEIVED ro.!Al14, c4e, nwq ./V oc'wz I- <Is �•zy-�z AUG 2 4 2012 DWQ-WARO� NORTH CAROLINA MINING PERMIT APPLICATION CO State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-16 (919) 733-4574 Revised: January 30, 2008 p61 Akkle-� -12lP:t27-44 RECEIVED huU � 12012 LAND QUAUTY MINING PROGRAM I, AUG 2 3 2012 2 �,Up�IYY ScC i'.ON N � '. �� �� ' �' �a o�" -� �e n �� i _� :� �� 3 APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) Name of Mine Site No. 2 Mine County Currituck River Basin Pasquotank Latitude (decimal degrees to four places) 36.1514°N Longitude (decimal degrees to four places)-75.8453°W 2. Name of Applicant* Itoy L. Etheridge, Sr. 3. Permanent address for receipt of official mail** PO Box 296, Powell's Point, NC 27966 Telephone (252 ) 261-3073 Alternate No. (252 ) 202-3074 4. Mine Office Address 3908 Poor Ridge Road, Kitty Hawk, NC 27949 Telephone ( 252 ) 261-3073 5. Mine Manager Roy L. Etheridge, Sr. We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. 77 / ***Signature Date August 17, 2012 Print Name Roy L. Etheridge, Sr. Title Owner / Operator This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grantor deny an application for a permit within 60 days of receipt of complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. 2- APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW pennit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ® If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: 27-44 Total pennitted acreage: 14.04 AC Does the modification involve acreage within the previously approved permitted boundary? Yes ® No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): 14.04 AC / Does the modification involve acreage outside the previously approved permitted boundary? Yes ® No ❑. If yes, indicate the additional acreage to be covered by this modification: 25.00 AC . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes ® No ❑ (If no, a "minor modification' fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification' fee will be based upon): 1.88 AC ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand & topsoil 3. Mining method: Hydraulic Dredge Dragline & Truck Other (explain): ®Front-end Loader & Truck Self -loading Scraper 4. a. Expected maximum depth of mine (feet) Depth is relative to what benchmark? (e b. Expected average depth of mine (feet) ❑ Shovel & Truck mean sea etc. -3- APPLICATION FOR A MINING PE, RMIT 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? Roy Etheridge and previous owner, since the 1970's 6. Number of years for which the permit is requested (10 years maximum): 10 years B. MAPS 1. Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailine Address 1612 Mail Service Center OR Raleigh, North Carolina 27699-1612 (919)733-2423 ww�w.eolo wg enr.slate.nc.us/ Physical Address: 512 North Salisbury Street, 5'h Floor Raleigh, North Carolina 27604 County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing: Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 www ncdot or,,/r itlgiSContact/detault.iltrnl 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. in. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. -4- APPLICATION FOR A MINING PERMIT p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: I . Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres 1 inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) 0 APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Berms 0.80 AC Stockpiles 1.23 AC Unexcavated Buffers 2.45 AC Other Unexcavated Processing Areas / Haul Roads 2.57 AC Mine Excavation 8.51 AC Access Road to US 158 0.36 AC Undisturbed Buffers Sediment Pond (affected but not disturbed) 22.36 AC 0.76 AC Total Disturbed Acreage Total Permit Area 15.92 AC 39.04 AC 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 FORAI). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. ;'i 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. l . Acquire proper permits from NC Department of Environment and Natural Resources DLR and DWQ. 2. Existing vegetated 8ft x 3ft erosion control berm established around northeast, east & west perimeter of new excavation area. 3. Pre-existing 0.76-acre pond northwest of excavation will be established as sediment / retention pond with overflow constricted. 8ft x 3ft vegetated sand berm will be established and/or maintained around banks of pond. 4. If required by Currituck County Planning Department, groundwater level monitoring wells will be established on perimeter of excavation area in designated locations. 5. Remove topsoil down to 2.5 feet below natural ground level in new excavation area and stockpile topsoil. 6. Sand will be dug from excavation area by excavator down to average 10 feet below existing natural ground water level, and stockpiled for later removal from premises. 7. Water height control device (rock dam with weir) established at northeast end of existing sediment pond to allow overflow into existing irrigation ditch leading to Currituck Sound. 8. Pond will be dewatered per need for further full depth excavation and construction of proper cut reclamation slopes. 9. While dewatering, sand will be excavated down to average 25 feet below natural ground water level, and stockpiled for later removal from premises. 10. Minimum 2:1 graded cut slopes established around edges of pond area below natural groundwater level. 11. After excavation is complete, dewatering will cease, and pond will be allowed to fill with water to natural ground water level. 12. Minimum 3:1 graded cut slopes will be established around edges of pond area above groundwater level. 13. Stockpiles outside of excavated area will be fully removed by loader and truck from premises. 14. Low 1 ft x 811 berm will be established around perimeter of pit, with outside slope graded down to natural ground level. 15. Former stockpile areas will be leveled and graded to natural ground level; any trash or debris cleaned up and removed. 16. Former sediment pond will be allowed to return to pre-existing natural state, overflow water level control device will be removed from berm, constructed berms will be removed and area planted with ground cover. 17. Erosion control berms on north & west excavation perimeter removed & land leveled & graded to pre-existing state 18. Internal roadways of main permit area leveled and graded to natural ground level, to be returned to natural field state. 19. Former processing areas & haul roads inside main permit area fertilized & seeded with groundcover 20. Access roads to US 158 graded, leveled, and returned to pre-existing state. Field path around excavated pond remains. 21. At end of permit period, affected area around excavation returns to pre-existing, natural state. -7- Sand Berm with Overflow Rock Spillway / Weir Practice Standards and Specifications 6.87 — Check Dam with Weir Site #2 Sand Mine Roy L. Etheridge, Sr., Operator Ferebee Lane, Powell's Point, NC Currituck County 72" min. of NCDOT #5 Cf055-$eCtlan or#57 washed stone m_in_ _ ____ ________________ _ _ 5:It I 3600 cu fthcre mn filter �-'— to He settled 21 Overfill 6"for tp�. / settlement t_— Plan View !+..... .... ._.. ._.. ., -- �... __ __fib --- 2' to 3.5 lgrr 3 .brie Natural Ground `Emergency by- pass 6" below settled tap of dam Definition: Stone dam structure with a weir outlet with sediment storage area on the upper side, installed in sand berm. Purpose: To reduce erosion in overflow drainage outlet during mine dewatering operations and major rainstorms by reducing velocity of flow, and provide sediment control. Siting: To be placed at northeast end of sediment pond perimeter berm (8ft x 3ft sand berm), to allow outfall into existing drainage ditch, leading to Currituck Sound. Aggregate Size: NC DOT Class B stone lined with NC DOT #5 or #57 stone on upper side. Construction specifications: Embankment not to exceed 5 ft in height above natural ground level. Crest of spillway minimum of 1.5 ft below settled top of embankment, height of spillway minimum 2 ft and maximum 3.5 ft above grade, length of spillway minimum 4 ft long, stone to extend up sides of weir to top of embankment. Embankment built with minimum top width of 5 feet and side slopes of 2:1 or flatter. Place sediment control stone minimum 1ft thick on upstream side of berm at weir. Provide 20ft long stone apron on lower side of berm to flush with surrounding grade. Maintenance: Inspect check dams weekly and after significant rainfall and repair immediately if needed. Clean out limbs, sediment and other debris that could clog the weir. Add stones to check dam to maintain correct height. Maintain vegetative ground cover on berm, repair berm erosion as needed. Ken Elliott, consulting August 17, 2012 Discharge Outfall Outlet Protection: Construction Details Practice Standards and Specifications 6.15 Etheridge Site #2 Sand Mine Ferebee Lane, Powell's Point, NC Currituck County 6.15 Riprap Trapezoidal Riprap Channel Design top width II 19 Design depth II 9 ;IT y I=UllJF =-Ihl!_;ili�a�i(.-auu^ tlur�lil�ii a i�lll ii I _r Filter layer, gravel or fabric Definition: Riprap lined apron located at end of mine dewatering overflow rock baffle to prevent scour and undermining in existing ditch, and to absorb the impact of the water flow and reduce the velocity to non -erosive levels, before flow reaches wetlands. Riprap Apron Size: Overflow rock baffle discharges directly into well-defined channel. The apron will extend across the channel bottom and up the channel banks to the top of the bank. Length of apron will be 20-feet downstream to maintain velocity control of maximum 2.0 feet per second. Grade: Apron will have zero grade and no overfill at end of apron. Alignment: Apron will be straight throughout entire length if possible. If curve is necessary to align the apron with the receiving channel, the curve will be located in the upstream section of the riprap. Materials: Riprap will consist of a well graded mixture of NCDOT Class A (2" to 6") stone or slag. Thickness: Minimum thickness of riprap will be 1.5 times the maximum stone diameter. Filter: Operator plans to install a layer of heavy duty silt fence filter cloth between the riprap and the underlying soil to prevent soil movement into or through the riprap. Filter cloth will extend to the top of both channel banks, and edges will overlap 12 inches. Upstream end will be buried 12 inches and downstream end will be buried if necessary. Maintenance: inspect riprap outlet structures weekly and after significant rainfall events to see if any erosion around or below the riprap has taken place, or if stones have become dislodged. Repair all damage immediately. Maintain all vegetation adjacent to the channel in healthy condition to prevent scour or erosion during out -of -bank flow. Control weeds and brush growing in the riprap by cutting. Ken Elliott, consulting August 17, 2012 H S-I: V.=ST EER:V 1'dEGETATEG) CRGS55ECTiCI1 GF EXISTII10 ;.T ACRE c_pIM1"J!T POND ` E'.V FRUA SGJTY, PREPAREDKW° nin B'ii'.El I ELLIOTT, CC9. ULTWO 11J PCCS. G'+EPFlDA' 3AFF'_E `MLL Er ; CCATED AT NORTHEAST U,D OF SEDIt•'EI:T CI V.'AT REMP/ED FROM t iAi11 P81JD ` ill- BE PC V_PED I1ITO SO , HEAST F1YJ OF SEDIMFlif POND All) WILL D<FR:°LD/i FROM 110R1 -ASI Ei 0 OF PDi.V E:!1£TII:G SEG:1 E1 ' �ji 10 HERMS 5RE': ECEWED VATH CPASSESA:ID FULLGRGV.. kH T- FSV,MICHWILREMAIt1 IIJ PLACE E� S T':w plrvJ EAS'7 R;J ono.,cvn EG[iSTED) APPLICATION FOR A MINING PERMIT Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Vegetated sand berm (8' W x 3'H) will be established around immediate edge of new excavation to prevent erosion of excavation by surrounding area run-off, and will be maintained for the life of the excavation work, until establishment of final low berm at end of permit during reclamation. Vegetative buffer will be maintained around inside perimeter of permit area. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No Z. If yes, briefly describe all such processes including any chemicals to be used. Not applicable. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes ® No ❑. Ifyes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). Mine will be dewatered into existing 0.76-acre sediment pond located 75 feet northwest of excavation area. One overflow discharge point from sediment pond located northeast side of area draining into woods ditch, leading 975 feet to blue -line irrigation ditch leading 7025 feet to Betsy's Creek, thence 1750 feet to Currituck Sound. Overflow discharge point at east end of sediment pond is rock dam constructed of DOT #5 and #55 riprap stone with weir and 20ft discharge apron (see diagram). c. Will any part of the proposed mine excavation(s) extend below the water table? Yes Z No ❑. If yes, do you intend to dewater the excavation(s)? Yes ® No ❑. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: 320,000 gals/day peak . 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. Area served by County water system. Groundwater -level monitoring wells will be established on perimeter of excavation area if required by Currituck County Planning Department. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stonnwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. Operator is applying for NCDENR DWQ NCG020000 dewatering permit at this time (copy attached). -8- APPLICATION FOR A MINING PERMIT 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No Z. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. Not applicable b. How will dust from stockpiles, haul roads, etc., be controlled? Spraying or spreading water from water supply trucks or excavator on haul roads and process areas will control dust. Stockpiles will also be sprayed with water weekly if necessary to control dust. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A 50 ft vegetated unexcavated buffer will be maintained inside the perimeter of the permit boundary around the entire excavation area containing access roads and erosion & sediment control measures. 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 bejustified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). No water courses or wetlands located within 50 feet of permit area. 22.36 acre undisturbed area north of excavation area will be maintained as undisturbed buffer. Buffer is added as requirement for Currituck County Special Use Permit maximum excavation percentage rule.. 9- APPLICATION FOR A MINING PERMIT 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. Vegetative buffer will be maintained around outside perimeter ofmine. Exposed excavation slopes will be created at a 3:1 gradient. 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. Fill slope cross-section (berms) attached to mine & reclamation maps. Fill slope will be established at excavation edge during reclamation of mine. Slope will have 4:1 grade. c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections for all cut slopes must be provided on the mine map(s). Cut slope from natural &round level to water level will have 3:1 grade, and cut slope from water level to bottom of excavated area will have 2:1 grade. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. Not applicable. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. Greenhouse structure is located behind locked chain link fence 100 feet east of excavation, exterior of 5011 vegetated buffer. No other structures located within 300 feet of excavation. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). No high wall areas located in permit area. Access to permit area will be by 55011 private access road that is gated & locked by applicant / landowner. APPLICATION FOR A MINING PERMIT Are acid producing minerals or soils present? Yes ❑ No Z. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? Not applicable. 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location q(all visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Natural vegetation buffer exists around outside perimeter of mine. 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 publicly owned park, forest or recreation area in vicinity of permit area. 11. Will explosives be used? Yes ❑ No Z. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby strictures, 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. Not applicable. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No Z. Ifyes, describe these materials, how they will be stored and method ofcontainment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). Not applicable. APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of arty permanent channels to be constructed as part of the reclamation plan and the location(s) ofall permanent channels must be indicated on the reclamation map. Excavated body of water will be left as part of reclamation for recreational use by landowner. Sediment pond will be left to original state (pre-existing pond with vegetated slopes). Pre-existing sediment pond berms on northwest side will return to pre-existing natural state. Constructed sediment pond berms will be removed, land graded and planted with groundcover. Overflow water control device will be removed from sediment pond berm, area planted with ground cover. After mine excavation and removal of sand and topsoil stockpiles, all disturbed land, affected areas and access and service roads inside the permit area will be leveled and graded away front edge of excavated mine pit 8ft until graded area reaches natural level. This will create a low berm located at the edge of the pit I ft high and will extend 8ft wide away from the pit (see attached cross-section). Haul roads and processing areas inside main permit area will be graded, seeded, and returned to grassland. Access field path will remain around excavated pond. Graded land and all affected area will be fertilized and sown with grass seed by mine operator, as per recommendation by County Agriculture Extension Agent (on file). Ultimately all reclaimed land from 20ft out from excavation will be returned to field & pasture and dirt path. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ❑ No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ® No ❑. If yes, specify species. Bass, catfish & bream. 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. Not applicable. 12- APPLICATION FOR A MINING PERMIT Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. No overburden or waste areas will remain. Any wooden overburden (stumps, trees) will be removed by burning. Excavation materials are all sand & topsoil. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. No physical processing facilities exist. Stockpiles will be removed from premises and will be graded & leveled to flat natural ground level. Haul roads and processing areas adjacent to excavation will be graded & leveled to flat natural ground level. Berm adjacent to excavation will be sloped away from edge of pit a minimum of 8 feet until graded area reaches natural land level. Perimeter berms on north, south & west edges of unexcavated buffer will be removed and area will be graded & leveled. All fonner stockpile areas, haul roads & processing areas will be fertilized and seeded with grass by mine operator at end of mining operation. No roadways except for access field path will remain around excavation area. Private access road to Perebee Lane & US 158 will be returned to preexisting condition. b. Will any on -site roadways be left as part of the reclamation? Yes ® NoEl. /fyes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. Pond access dirt field path will remain; no roadways. 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 maps) and reclamation map, along with a list of items to be disposed in said areas. Any and all scrap metal, junk, cables or other such non -original waste materials will be removed from mine premises by mine operator and disposed of properly at Currituck County landfill, Maple, NC. All topsoil or sand excavated by mining operation will be removed from premises before reclamation. No off -site generated waste will be produced or disposed of on -site. -13- APPLICATION FOR A MINING PERMIT Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the 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; N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): 2000 lbs/acre (per Mine Permit 27-44 conditions) FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 10-10-10 1000 lbs/acre (per Mine Permit 27-44 conditions) SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SC1 EDULE (pounds/acre): [NOTE: Include Legumes] Seed Tvpcs: Seeding Dates: Seeding Rates: Kobe Lespedeza Feb 15 —Apr 1 10 lbs/acre Bahiagrass Feb 15—Apr 1 50lbs/acre Redtop Feb 15 —Apr 1 01 lbs/acre Winter Rye Feb 15 — Apr 1 15 lbs/acre Common Bermuda Grass Apr 1 —Jul 31 50 Ibs/acre Lespedeza (unscarified) Aug 1 —Oct 25 30 Ibs/acre German Millet Aug 1 — Oct 25 40 lbs/acre Rye Oct 25 — Feb 15 120 lbs/acre MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: All seeded areas will be mulched using small grain straw at a rate of 2000 Ibs/acre and anchored appropriately. OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): None Revegetation and/or reforestation plan approved by: Signature ** On File ** Print Name Title Agency 14- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage, for each AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 0.00 Ac. X $ /Ac. _ $ Stockpiles: 1.23 Ac. X $ 1800 /Ac. _ $ 2214 Wastepiles: 0.00 Ac. X $ 2000 /Ac. _ $ Processing Area/Flaul Roads: 2.93 Ac. X $ 1800 /Ac. _ $ 5274 Mine Excavation: 8.51 Ac. X $ 500 /Ac. _ $ 4255 Other: Bemis 0.80 Ac. X $ 1800 /Ac. _ $ 1440 Other: Unexcavated Buffers 2.45 Ac. X $ 1800 /Ae = $ 4410 TOTAL AFFECTED AC.: 15.92 Ae. (TOTAL PERMITTED AC.: 39.04 Ac.) Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 15.92 Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: S 17,593 Inflation Factor: 0.02 X SUBTOTAL COST: $ 351.86 X Permit Life (1 to 10 years): 10 INFLATION COST: $ 3518.60 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 21,111.60 Total Reclamation Bond Cost: to the 15- APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" NOTICE (Typical) Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that has applied on August 2012 (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface mining permit, ® a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine sand & topsoil on 8.51 acres located 0.5 miles (Mineral, Ore) (Number) (Miles) south of Powell's Point, NC off/near road SR 1116 (Ferebee Lane) (Direction) (Nearest Town) (Number/Name) in Currituck County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the pen -nit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding i snecifics of the nronosed mining activity, nlease contact the annlicant nt the fnllnwino tolnnhnnP nnm on at (919) 733-4574. Dan Scanlon, Currituck County Manager 153 Courthouse Rd., Suite 204, Currituck NC 27929 (Addressee/Owner of Record's Name and Address) August 7, 2012 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) ication Roy L. Etheridge, Sr. (Name of Applicant: Include Contact Person & Company Name, if Applicable) PO Box 296, Powell's Point, NC 27966 (Address of Applicant) contact -t7- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, Kenneth C. Elliott , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Enviromnent and Natural Resources, being first duly swom, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) Finley Newbern, HD Newbern III 7519A Caratoke Highway, Jarvisburg, NC 27947 Wm. Newbern Est., Verdie Newbern Trust PO Box 132, Powell's Point, NC 27966 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] 153 Courthouse Road, Suite 204 Dan Scanlon, Currituck County Manager Currituck, NC 27929 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 513.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. �-: - — N. August 17, 2012 _`��`'�J��ye;0. Signature of Applicant or Agent DateUO Fes= � If person executing Affidavit is an agent or employee of an applicant, provide the following it ratio BIIG (J Name of applicant: Roy L. Etheridge, Sr. Title of person executing Affidavit Agent for Roy L. Etheridge Sr. 1.1CK COVN 1:6 1, a Notary Public of the County of 0Uv Yifi)(fL State of North Carolina, do hereby certify that Is 4 (", f-1� I0-f+ appeared before me this day and under oath acknowledged that the above Affidavit was Witnes�m�y hand and notarial seal, this day of �U,- -' (� 20 IL , Notary: "L6fk�J'Q MY-6(jAO my Commission expires: 2q t2012- 40 - 7010 1870 0003 6137 0723 ■ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. sl nature!77,143-Ago ' 2 1$ 9` 33a Xa e Ad n 61 8� S 8 a S. R ved by (Printed Name) C. Date of C W 9 w D. Is deliveryaddress c i ferent from Hem 17 O Yes It YES, enter delivery address below: ❑ No Currituck County Manager 153 Courthouse Road 11 Suite 204 3. Service Type CurrituCk, NC 27929 13Certffled Mail ❑Express Mail ❑ Registered ❑ Return Rocelpt for March ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Numberfromr service lab7010 1870 0003 6137 0723 (Trensler from el) PS Form 3811, February 2004 Domestic Return Receipt 102595-02 ■ Complete Items 1, 2, and 3. Also complete `.-Item 4 if Restricted Delivery is desired. ■ Ptint your name and address on the reverse so that we can return the cans to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to Finley Newbern or HD Newbern III A. Signature a �] %/ ❑ Agent Addre /B) Received by ( Printed Name) ' C. D to Tel D. Is delivery address different from Hem 1? /0 Yds If YES. enter delivery address below: yNo 7519ACaratoke Highway 3. Service Type Jarvisburg, NC 27947 ❑ Certified Mel ❑Express Mail ❑ Registered ❑ Return Receipt for Me ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Elrfra Fee) ❑ Yes ?. Article Number 7010 1870 0003 6137 0709 (rtanster /ram sen-ka � xS Form 3811, February 2004 Domestic Return Recelpt 10259soz-M- ■ Complete hems 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to William N. Newbern, Sr. Estate Verdie B. Newbern Trust A. X �1�J 1 Wk e?Agan ❑ Atltln It'Recelvedby(PrintedNam) I C. Datq of Delli D. Is delivery address dlfleremt from Item 1? ❑ Yes If YES, enter delivery address below: )!Go PO Box 132 3. serl wTipe ❑ cen tled Mail ❑ Express Mail Powell's Point, NC 27966 ❑ Registered ❑ Return Receipt for March ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number ----- -- - (ftrlsfartromservice law 7010 1870 0003 6137 0716 'S Form 3811, February 2004 Domestic Return Receipt 102595-02 n n c 0o N ,'` W� n A J)/ zO ; C U (i N0 V) N A. (D n � g Ur � to 0 dL N d C) 9N 1 I a 7010 1870 0003 6137 0709 n:@H rem m _ . 3$ 33 T - 3m 3n J < 8m �m g � c{T • a _ N 1'' Z w _ D M Q 9 'D tS re N � A Oo o O / L� (Zi M _ c Nx �0o S Z M s t A A JW N NN r 7010 1870 0003 6137 0716 � M 01 1n t -0O — o x Zw r) N N J to 01 ON (a R)f APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, Kenneth C. Elliott , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) County of Currituck, NC I.B. Enterprises, LLC Charles Edward Younts, Jr. (Address) PO Box 9, Currituck, NC 27929 PO Box 130, Portsmouth, VA 23705 7764 Caratoke FIwv., Powell's Point, NC 27966 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] 153 Courthouse Road, Suite 204 Dan Scanlon, Currituck County Manager Currituck NC 27929 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 513.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. ** On File ** March 14, 2012 Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Roy Etheridge Title of person executing Affidavit Agent for Roy Etheridge a Notary Public of the County of State of North Carolina, do hereby certify tt appeared before me this day and under oath Witness my hand and notarial seal, this day Notary:, was my Commission expires: -39- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, Kenneth C. Elliott , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Pennit to add land to the permitted area, front the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is ovnted by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) John Harris & Associates, LLC Bennett's Creek Wholesale Nursery, Inc. Turf & Garden, Inc. (Address) 215 Brooke Drive, Norfolk, VA 23510 5635 Shoulders Hill Rd., Suffolk, VA 23435-2362 PO Box 1326, Chesapeake, VA 23327 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) [i.e.: City Manager, County Manager, Mayor, etc.] Dan Scanlon, Currituck County Manager (Address) 153 Courthouse Road, Suite 204 Currituck, NC 27929 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 513.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. ** On File** March 14, 2012 Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Roy Etheridge Title of person executing Affidavit Agent for Roy Etheridge I, State of North Carolina, do hereby certify ti appeared before me this day and under oath a Notary Public of the County of Witness my hand and notarial seal, this day Notary: was my Commission expires: -41- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, Kenneth C. Elliott , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly swom, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) Ronald P. & Nellie F. Davis 2210 W. Church St., Elizabeth City, NC 27909 Hersey Bradford Norris 117 White Acres, Jarvisburg, NC 27947 Barbara H. Etheridge PO Box 185, Powell's Point, NC 27966 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) [i.e.: City Manager, County Manager, Mayor, etc.] Dan Scanlon, Currituck County Manager (Address) 153 Courthouse Road, Suite 204 Currituck, NC 27929 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b 1) and 15A NCAC 513.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. ** On File ** _ March 14, 2012 Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Roy Etheridge Title of person executing Affidavit Agent for Roy Etheridge I, State of North Carolina, do hereby certify tl appeared before me this day and under oath a Notary Public of the County of Witness my hand and notarial seal, this day Notary: was my Commission expires: _4Z_ APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, Kenneth C. Elliott , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly swom, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) Phyllis & Wilbert Brown 7929 Caratoke I-Iwy., Powell's Point, NC 27966-9742 Clyde Ferebee, Jr. 7945 Caratoke I-Iwy., Powell's Point, NC 27966 Clara W. Ferebee, c/o Wanda Whitmore 132 Ferebee Lane, Powell's Point, NC 27966 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) [i.e.: City Manager, County Manager, Mayor, etc.] Dan Scanlon, Currituck County Manager (Address) 153 Courthouse Road, Suite 204 Currituck, NC 27929 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b 1) and 15A NCAC 513.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. ** On File ** March 14, 2012 Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Roy Etheridge Title of person executing Affidavit Agent for Roy Etheridge State of North Carolina, do hereby certify t1 appeared before me this day and under oath Witness my hand and notarial seal, this Notary: a Notary Public of the County of day was my Commission expires: 43 - APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, Kenneth C. Elliott , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) Donald & Joseph Ferebee 7422 Caratoke Hwy., Jarvisburg, NC 27947 Carol Pulliam Nyborg PO Box 1023, Kill Devil Hills, NC 27948 Hall Family L.P. 2 PO Box 130, Portsmouth, VA 23705-0130 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer ofthe county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) [i.e.: City Manager, County Manager, Mayor, etc.] Dan Scanlon, Currituck County Manager (Address) 153 Courthouse Road, Suite 204 Currituck, NC 27929 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer ofthe county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 513.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. ** n_ Tao ** Signature of Applicant or Agent March 14, 2012 Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Roy Etheridge Title of person executing Affidavit Agent for Roy Etheridge I, a Notary Public of the County of State of North Carolina, do hereby certify that appeared before me this day and under oath acknowledged that the above Affidavit was made by hinm/her. Witness my hand and notarial seal, this day Notary: my Commission expires: -44- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, Kenneth C. Elliott , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly swom, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) Martha F. Norman Heirs, c/o Lucinda Norman 1171 Main Street, Ant 2G, Rahway, NJ 07065 Todd A. Lerose 113 Parker's Landing Rd., Point Harbor, NC 27964 James E. Reynolds 300 Dexter Street, Chesapeake, VA 23324 Ralph Hayden 3 North Lane, Glen Mills, PA 19342 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) [i.e.: City Manager, County Manager, Mayor, etc.] Dan Scanlon, Currituck County Manager (Address) 153 Courthouse Road, Suite 204 Currituck, NC 27929 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(b1) and 15A NCAC 513.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. ** On File** March 14, 2012 Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Roy Etheridge Title of person executing Affidavit Agent for Roy Etheridge 1, State of North Carolina, do hereby certify tf appeared before me this day and under oath a Notary Public of the County of Witness my hand and notarial seal, this day Notary: was my Commission expires: -45- APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: Signature: ** On File ** Print Name: Mrs. Barbara 14. Etheridge _ (Title, if applicable) Company (if applica le) Address: PO Box 185 Powell's Point, NC 27966 Telephone: ( 252 ) 491-2480 Date Signed: July 9, 2012 APPLICANT: Signature:* ** On File ** Print Name: Roy L. Etheridge, Sr. Title: Operator Company: Mine Name: Site #2 Mine Telephone: ( 252 ) 261-3073 Date Signed: July 9 2012 *Signature must be the same as the individual who signed Page 1 of this application. One original and five (5) conies of the comnleted application, six (6) conics of all location mans, mine mans and reclamation maps, and the appropriate processing fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of 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. 47 - NT VA VN. �ERNESTATE Na lTFO@R Nft'.SEPN iRVRT WIWAMN. NEV.RERN VFRDIE 9 NFMiF4N TRUST TRaBT VNDSNRBED A? BUFFER EMIRTND PONO a` NW OARDARA ETHERIDGE d \ CHARLESEMARD 15.00 AG D '\ Y00RS.JR. NR rINLEY NEWRERN HD NEWBRNIII / ECEI tl E® / 00� f ��o VNDISNRRED AUG 2 1 2012 '\ BUFFER EPON�0 �O L&ND QUALITY SECTION '\ UNDI"BED j"�_ nurFR '\ O SEPONDAla JOHN HARRIS B SASSOC \ \ O BARBARA ETHERIDGE LA IDROALBAR / Ns ETHERR/ BENIJ CREEK / IDGE /� ml F.RY INC \ \ `* RB EOSTING ARA POND i Ala,/BARBARA ETHERIDGE6DAC D I EN]ERPRISES LLC / : EMERIDO- SDOAC 1COA m94 PROPOSED NEW�10DFNI j/ ? CVRRITUCH FA o E[51ACH > .\ \/ .,COUNT' fl51 AC / NR o N?�.._ / NORSF" Np 0 \ JO\ &ASSOC LIS \) .... / COUNTY m 'MLBERT O\ ROMTJ � HERSEY N6 / \ \ NORRIS JOHN OC IS &AS SE 7 /\ f4F Iwr STNG GC SENT iFPEPEF.,JR / /Npo" y POND /./\ RWF \ /\ (\I\\T'�L\\'I/\E UM9 HAY NcNF �/ r we R \. /1.. "o DR \..�:'�. \ 2 3 2012 Ntl y�NIT 10UC <^ DDNALDI \ j LEROSE JOSEPHFEREBEE r�IlAIS�Gi"IOt't . ,( \ OV RVIEWIMAP„IIYIOtJAL O=FICc vlA \ �RTHlk SITE #2 SAND MINE \'NORAW nROI ,� % j / O j' ROY L. ETHERIDGE, SR., OPERATOR \, ]S \ reoix POWELL'S POINT, NC CURRITUCK COUNTY PERMIT AREAS N FAVRr �'' \ _< y' ADJACENT OWNERS SHOWN No rH I P r: Map prepared 8-6-12 Ken Elliott, consLdfing 075.8666666° W I I 075.850 000° W I P75.8331 3" WI I r.�. Z Y uYy"; 41 — � OW es01 {"., w4..C�T w a2c i' d 4 �� v1 fWrv_: r#.: `f' P t p 6 — ' },gk�t ItB +, � �`,'�4e _`•. t r,`r�'"n A' a +,atna4°.� 1 71#a �"K-. .e ' �'yC •sr ��e�*e��t����7��\KS���4 u� '�fy �xe�t� 4 �+�t �"�,pl w"���4r�j V�:S �iat'�a . �E but 2;_ f� - �4f, �\ • ° � ef.�i� i i 1f`t� i� a i'�` �<,�'�te�,l+bv �<i a° �'��'�{Yi �� %�3 � t ,1 I ,^. .{tis.... � Ni" a n [�,.,.L��S � b .: y tYV ['k�H (r �`• i Z 8 MINE SITE � � , }� ' :. c � +• 4 Y . /- b 7C ` I�yk te�.11 G'``•i'" A:. .Y '`rr'� °,yg r.;,u' +. `��`J`VCpm' thN'.. { �y Y ,� m r� £< J • I< • a t f d �_ Fn + < roa1Lx nit b + ! r, ..4,1 Ttii v'y ,•-t �;,� # t A . �` .•-.. 9trt3 °�i! l+ ( \Ott. .. hr !. 1., I ° 1�+. y . `?� wR f 1{„ i xd CY an.`a : .. � 1 � �, ✓ � q% s � . .ys�.,,rt w ` jt \ S.v"' 4r�u I� L '9 n�¢ i 'i nt 7 �4 •�tiiwr �, t4 ��'!'?t�!• — % +i i t Jd Z Z C o'+, xil✓*+.rill+ 1 7 a '`..'j7a v'4 fFr .w a g .yi Ey y �y, x YM r2 f� 4 �,.:yN 4Ti�l r, c7 r � Me neLb DB IDBI n — ' SCALE :240W `tn t „' f 1 MILES ;. r r cr K 0 r n l 0 I1000 YARDS a 1 n�,IKILOMpU� 2 3 b f 075.8666666° W I I 675.850 000° W I I 675.833 333° 0INI IT L� ..ISFG IT uN�_ rF Name: JARVISBURG Location: 036.1467077' N 075.6440869°_W�CNAD'83—��-- Date: 2/12/2010 Caption: ROY ETHERIDGE SAND MINE- PERMIT NO. 27-44 Scale: 1 inch equals 2000 feet Copyright (C) 1998, Maptach, Inc Print this form to PDF Return PDF of this form to DLR CO by email. cc DLR RO, DWQ SPU. Send a copy to the permittee. MINING PERMIT. APPLICATION REVIEW FORM for the DIVISION 'OF WATER QUALITY Project Name: Site No. 2 Mine DLR Permit #: 27-44 County: Currituck (consultant)'s email: ken(o)kenobx.com Applicant's Mailing Address: PO Box 296, Powell's Point, NC 27966 Office address listed as: 3908 Poor Ridge Road Kitty Hawk, NC 27949 Applicant's Email: Ken Elliot Mine Physical Address:_ YES NO Date Commencing Is this mine a new mine? r r Have land disturbing activities started? Date? r r Latitude:36.15010 Longitude:-75.84510 Please return comments to (at DLR CO): Ashley Rodgers Comments d SECTION BELOW TO BE FILLED OUT BY DWQ: Permit issued: 12/21/99 12121 /99 Is the RO concerned that the operation, as proposed, would violate standards of water quality? No Comments: NPDES permit and O&M plan required not submitted vet according to Mr. Ken Elliot from Elliot Consulting No dewatering shall be performed prior to securing a NPDES permit Mr. Elliot already asked about State Stormwater permit. At this time it is not clear if this modification is proposing any new impervious area and how it will be draining. Watershed/Stream Name & Classification: UT to Currituck Sound Pasquotank River Basin, SC DWQ Compliance Status of Mine: N/A Does this mine (or previous owner) have DWQ back fees to pay? No If yes, amount: N/A Is this mine an active permit in BIMS? No YES NO NPDES permit required? NPDES permit existing? r (Permit # ) F. If an NPDE$ permit is riot•regurred, is DWQ: still cohcerned about.wetland,degradatiori' . by dewatenng7 ; r NPDES permit isreguired,� Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if mine has already begun digging or is dewatering without DWQ permit) r , RO Contact Name: Contact Reason: — r 40,1.Wetland Cert. required? Roy Rnnfamhar 901n Print this form to PDF Return PDF of this form to DLR CO by email. cc DLR RO, DWQ SPU. Send a copy to the permittee. 401 Wetland Cert. existing? r Permit# R Does. DWQ RO have'enough information to., ;determine if a 401. certification is requ'fired?- O-jI=" Rcv RonfnmhPr 'm in Print this form to PDF Return PDF of this form to DLR CO by email. cc DLR RO, DWQ SPU. Send a copy to the permittee. YES NO Are wetlands disturbed at this site? r r Does DWQ RO suspect or know of nearby r r wetlands to the site? r Ilp k,,, a• 1's, a wetland delineation required prior to ; ".• r Consultant FPTI DWQ issuing the perinitT. :_" ,.: •. r Onsite? r Offsife? Stream Determination Needed? r r :.: Stream Determination Completed? r Does DWQ RO need a statement that no wetlands/streams are disturbed r r for this project from applicant? Buffer Determination Needed? :,. rI , r1 ;, Buffer Determination Completed? r r Recycle system permit existing?*, . ; r Permit,#nPol. „ New Recycle System permit required?* r F. Enough information to determine? Non, -discharge permit existing?* a _._ r Permit # MR Does this applicant need to contact the regional of Central DWQ Office to G r determine if a State Stormwater Permit is needed? r Unknown. Will wastewaters discharge to HQW waters r , r 7Q10 Permittee must with a 7Q10=0? ** Flow: determine. r Has Violate n {'. O O&M Requirements %r HQW/7Q10 Concerns' Does DWQ require DLR to'tiold the permit r Pay back fees or renew' (e.g. so'DWQ'can'review, it further or" DWQ permit Other: ,. „ r because DWQ requires more information)?, ..r . „ F Please describe the reason to hold the permit: - RO 'contact:, ... MHold Until..- Mine must wait to dewater until an O&M plan is r approved? Ruv Runfnmhnr 7nin Print this form to PDF Return PDF of this form to DLR CO by email. cc DLR RO, DWQ SPU. Send a copy to the pormittee. Recycle systems that do not meet those criteria are considered discharging systems and are subiect to the NCG020000 discharge permit. "To obtain 7Q10 Flows, permittees must contact the DWQ Stormwater Permitting Unit. If DWQ does not have a flow estimate fora specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies. ***If there is not enough information to give a complete answer, write in the space provided what you will need to answer this question completely. If you require DLR to hold the permit until further notice indicate that in the question below. Reviewed by: DWQ RO Surface Water: Washington Regional Office: Samir Dumoor Date: June 6, 2012 RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable): PAV RAntAmhor 7m0 /o"/./Z /%'� e ocJ� fora, We dt I R�C 144Y o8o��® 30-/2-CA/VDQUaCI7YSAE�1 Cr10N NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center RECEIVED M AY 2 2 2012 DWQ-WAR4 n l ll M AY 14 2012 LAND Ot, tI Raleigh, North Carolina 27699-1612 (919)733-4574 Revised: January 30, 2008 it-,) /'u � .,/ t t y L. .0,SMED Elliott Consulting PO Box 112 Aydlett, North Carolina 27916 Phone:252-339-9021 D NC Department of Environment and Natural Resources Land Quality Section 1612 Main Service Center Raleigh, NC 27699-1612 To whom it may concern: I am writing this as an agent for Roy Lee Etheridge, Powell's Point, NC, in regards to an existing mining permit # 2744, Etheridge Site #2 Sand Mine. Mr. Etheridge is requesting a modification to the permit which will expand his excavation area and incorporate dewater`ing. Revised mining and reclamation maps are included with this modification request. Mr. Etheridge will be expanding his excavation on a southeast spur of the current excavation, westward, by approximately 50 feet. This will increase his excavation area from 3.17 acres to 8.54 acres. A portion of the old permit area on the south side of the original permit will be removed in the new permit, seen on the enclosed mine map. Mr. Etheridge proposes to make use of a pre-existing pond in the northern corner of the property as a sedimentation area for dewatering his main pit. In existence since the 1970's the 0.76-acre pond is approximately 4-5 feet below natural ground level and has a Oft sand berm around it, also covered with trees and other groundcover. Mr. Coward will instill a rip -rap overflow rock baffle in the berm at the northeast corner of the area which will outflow to an existing irrigation ditch, and will use the area to dewater his main pond during the year upon need. Overflow water will exit the sediment area into an adjacent woods irrigation ditch which leads 1.75 miles to Betsy's Creek and Currituck Sound. A dewatering permit from NCDENR DWQ is being applied for at this time. All dewatering will be monitored daily and overflow samples will be quality tested quarterly per DWQ requirements. Mr. Etheridge's mining permit boundary will be extended to include this sedimentation area, an unexcavated buffer, and an access road to it. All new excavation areas will have proper sediment and erosion controls installed, and all new permit boundaries will be properly marked. Mr. Etheridge appreciates your cooperation and requests that his permit modification application be expedited as soon as possible. Regards, U +v CUY-r 1q'VLL S"u-a,A -t'cAS vea` 3R, -k h �_..y^ C Ken Elliott Elliott Consulting 5/5/2012 APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) Name of Mine Etheridpe Site No. 2 Mine County Currituck River Basin Pasquotank Latitude (decimal degrees to four places) 36.1514°N Longitude (decimal degrees to four places)-75.8453°W 2. Name of Applicant* Roy Etheridge 3. Permanent address for receipt of official mail** PO Box 296, Powell's Point, NC 27966 Telephone ( 252 ) 261-3073 Alternate No. ( 252 ) 202-3074 4. Mine Office Address 3908 Poor Ridge Road, Kitty Hawk, NC 27949 Telephone ( 252 ) 261-3073 Mine Manager Roy Etheridge We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. Date March 4, 2012 Print Name Roy Etheridge Title Owner / Operator This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security] that corresponds to this site. * * The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grantor deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. 2- APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ® If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: 27-44 Total permitted acreage: 14.04 ac Does the modification involve acreage within the previously approved permitted boundary? Yes ® No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification' fee will be based upon): 10.78 ac Does the modification involve acreage outside the previously approved permitted boundary? Yes ® No ❑. If yes, indicate the additional acreage to be covered by this modification: 1.04 ac . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, Ground cover removed) by the mining operation? Yes ® No ❑ (If no, a "minor modification' fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification' fee will be based upon): 0.28 ac ❑ If this is an application for TRANSFER of a mining permit, indicate the miring permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand & topsoil 3. Mining method: ❑Hydraulic Dredge ® Front-end Loader & Truck ❑ Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 25 feet Depth is relative to what benchmark? (e.g., natural ground level, mean sea b. Expected average depth of mine (feet) -3- APPLICATION FOR A MINING PERMIT 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? Roy Etheridge and previous owner, since the 1970's 6. Number of years for which the permit is requested (10 years maximum): 10 years B. MAPS Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: 1612 Mail Service Center OR Raleigh, North Carolina 27699-1612 (919)733-2423 w��w.colocv.znr.state.nc.usl Physical Address: 512 North Salisbury Street, 5°i Floor Raleigh, North Carolina 27604 County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1597 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919)212-6000 n,_wv cdot.orI ;det:nilt.html 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. 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. I. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. 4- APPLICATION FOR A MINING PERMIT p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres I inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) 5- APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Sediment Pond (existing, not bonded) 0.00 AC Stockpiles 0.30 AC Wastepiles 0.20 AC Processing Area/Haul Roads 3.42 AC Mine Excavation 8.54 AC Other (Explain) - BERMS 0.40 AC Total Disturbed Acreage 12.86 AC 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 TILE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM'). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. 1. Acquire proper permits from NC Department of Environment and Natural Resources DLR and DWQ. 2. Existing vegetated 8ft x 3ft erosion control berm established around northeast, cast & west perimeter of new excavation area. 3. Pre-existing 0.76-acre pond northwest of excavation will be established as sediment / retention pond with overflow constructed. 8ft x 3ft vegetated sand berm will be established and/or maintained around banks of pond. 4. 2 groundwater level monitoring wells will be established on south & west corners of excavation area. 5. Remove topsoil down to 2.5 feet below natural ground level in new excavation area and stockpile topsoil. 6. Sand will be dug from excavation area by excavator down to average 10 feet below existing natural ground water level, and stockpiled for later removal from premises. 7. Water height control device established at northeast end of existing sediment pond to allow overflow into existing irrigation ditch leading to Currituck Sound. 8. Pond will be dewatered per need for further full depth excavation and construction of proper cut reclamation slopes. 9. While dewatering, sand will be excavated down to average 20 feet below natural ground water level, and stockpiled for later removal from premises. 10. Minimum 2:1 graded cut slopes established around edges of pond area below natural groundwater level. 11. After excavation is complete, dewatering will cease, and pond will be allowed to fill with water to natural ground water level. 12. Minimum 3:1 graded cut slopes will be established around edges of pond area above groundwater level. 13. Stockpiles outside of excavated area will be fully removed by loader and truck from premises. 14. Low 1 ft x 8ft berm will be established around perimeter of pit, with outside slope graded down to natural ground level. 15. Former stockpile areas will be leveled and graded to natural ground level; any trash or debris cleaned up and removed. 16. Former sediment pond will be allowed to return to pre-existing natural state, overflow water level control device will be removed from berm, constructed berms will be removed and area planted with ground cover. 17. Erosion control berms on north & west excavation perimeter removed & land leveled & graded to pre-existing state 18. Internal roadways of main permit area leveled and graded to natural ground level, to be returned to natural field state. 19. Former processing areas & haul roads inside main permit area fertilized & seeded with groundcover 20. Access roads to US 158 graded, leveled, and returned to pre-existing state. Field path around excavated pond remains. 21. At end of permit period, affected area around excavation returns to pre-existing, natural state. 7- APPLICATION FOR A MINING PERMIT 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 nine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Vegetated sand berm (8' W x 3'H) will be established around immediate edge of new excavation to prevent erosion of excavation by surrounding area run-off, and will be maintained for the life of the excavation work, until establishment of final low berm at end of permit during reclamation. Vegetative buffer will be maintained around inside perimeter of permit area. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No Z. If yes, briefly describe all such processes including any chemicals to be used. Not applicable. b. Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? Yes ® No ❑. lfyes, briefly describe the nature ofthe discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). Mine will bedewatered into existing 0.76-acre sediment pond located 75 feet northwest of excavation area. One overflow discharge point from sediment pond located northeast side of area draining into woods ditch, leading 975 feet to blue -line irrigation ditch leading 7025 feet to Betsy's Creek, thence 1750 feet to Currituck Sound. Overflow discharge point at east end of sediment pond is rock dam constructed of DOT 95 and #55 riprap stone with 20fl discharge apron. c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ® No ❑. If yes, do you intend to dewater the excavation(s)? Yes ® No R. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: 320,00' galsldav Locate all existing wells on the mine mpp(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. Area served by County water system. 2 groundwater -level monitoring wells will be established on south & west corners of excavation area. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. Operator is applying for NCDENR DWQ NCG020000 dewatering permit at this time (copy attached). Sand Berm with Overflow Rock Baffle / Weir Practice Standards and Specifications 6.87 — Check Dam with Weir Etheridge Site #2 Sand Mine Ferebee Lane, Powell's Point, NC Currituck County �n el e a 19>TION!vagaggAmm.nih, WW IAR d uuo rea.t M. r, Definition: Stone dam structure with a weir outlet with sediment storage area on the upper side, installed in sand berm. Purpose: To reduce erosion in overflow drainage outlet during mine dewatering operations and major rainstorms by reducing velocity of flow, and provide sediment control. Siting: To be placed at northeast end of sediment pond perimeter berm (8ft x 3ft sand berm), to allow outfall into existing drainage ditch, leading to Currituck Sound. Aggregate Size: NC DOT Class B stone lined with NC DOT #5 or #57 stone on upper side. Construction Specifications: Keep center stone section 6 inches below top of sand berm. Place sediment control stone minimum 1ft thick on upstream side of berm at weir. Provide 9ft long stone apron on lower side of berm to flush with surrounding grade. Maintenance: Inspect check dams weekly and after significant rainfall and repair immediately if needed. Clean out limbs, sediment and other debris that could clog the weir. Add stones to check dam to maintain correct height. Maintain vegetative ground cover on berm, repair berm erosion as needed. Ken Elliott, consulting May 2, 2012 Discharge Outfall Outlet Protection: Construction Details Practice Standards and Specifications 6.15 Etheridge Site #2 Sand Mine Ferebee Lane, Powell's Point, NC Currituck County 6.15 Riprap Trapezoidal Riprap Channel — Design top width r J In, Design depth! �! IIY-�it1; 'ilitF--JIIItY,tii l,.,.11�,l_t' L Filter layer. gravel or fabric Definition: Riprap lined apron located at end of mine dewatering overflow rock baffle to prevent scour and undermining in existing ditch, and to absorb the impact of the water flow and reduce the velocity to non -erosive levels, before flow reaches wetlands. Riprap Apron Size: Overflow rock baffle discharges directly into well-defined channel. The apron will extend across the channel bottom and up the channel banks to the top of the bank. Length of apron will be 9-feet downstream to maintain velocity control of maximum 2.0 feet per second. Grade: Apron will have zero grade and no overfill at end of apron. Alignment: Apron will be straight throughout entire length if possible. If curve is necessary to align the apron with the receiving channel, the curve will be located in the upstream section of the riprap. Materials: Riprap will consist of a well graded mixture of NCDOT Class A (2" to 6") stone or slag. Thickness: Minimum thickness of riprap will be 1.5 times the maximum stone diameter. Filter: Operator plans to install a layer of heavy duty silt fence filter cloth between the riprap and the underlying soil to prevent soil movement into or through the riprap. Filter cloth will extend to the top of both channel banks, and edges will overlap 12 inches. Upstream end will be buried 12 inches and downstream end will be buried if necessary. Maintenance: inspect riprap outlet structures weekly and after significant rainfall events to see if any erosion around or below the riprap has taken place, or if stones have become dislodged. Repair all damage immediately. Maintain all vegetation adjacent to the channel in healthy condition to prevent scour or erosion during out -of -bank flow. Control weeds and brush growing in the riprap by cutting. Ken Elliott, consulting May 2, 2012 APPLICATION FOR A MINING PERMIT 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No M. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. Not applicable b. }-low will dust from stockpiles, haul roads, etc., be controlled? Spraying or spreading water from water supply trucks or excavator on haul roads and process areas will control dust. Stockpiles will also be sprayed with water weekly if necessary to control dust. 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locutions and widths on the mine map(s). A 50 ft vegetated unexcavated buffer will be maintained inside the perimeter of the permit boundary containing access roads and erosion & sediment control measures. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine mop(s). No undisturbed buffers will be located in permit area; no water courses or wetlands located within 50 feet of permit area. EE CI S�CP:GH CF E. ISTII G 0.7C I E HDIIdJ IT P I ID. 1,ENiFP31A C+!TH PREPFrEDlti'? V13 E'6 EH ELL!GTT CG4b LTIHG ('aEGET4TEDI 14 EAST?= v. f."EGETAT, W RCCr.•vPLM.Gm' 4%ELE Y114 33 V.LLCE AT I:CFD!IIT0 EI:DGFScDI;nl. PGF� SEATER M PC': EG n '1 LV IH PJi ID V!:! L EE PIQRF !IiTO uG'_ F PO EtlD GF EEICTII R FWD AM7 V<ILL GEPCL 'S FE06IIGF IHE45i EI©DF PUID ERIL GRCEEDrtLEIIT VMR d WILLA?E'.=GEiPLAC \�'lia G1A£Lc5AID F LtL GRG:^:TH 7PEE$ V/:b_H rNP�L 4B:.4i! 14 PLACE APPLICATION FOR A MINING PERMIT 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. Vegetative buffer will be maintained around outside perimeter of mine. Exposed excavation slopes will be created at a 3:1 gradient. b. provide a cross-section on the mine map(s) for all fill slopes (berms, ivastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofany benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. Fill slope cross-section (berms) attached to mine & reclamation maps. Fill slope will be established at excavation edge during reclamation of mine. Slope will have 4:1 grade_ c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross-sectionsfor all cut slopes must be provided on the mine rnap(s). Cut slope from natural ground level to water level will have 3:1 grade, and cut slope from water level to bottom of excavated area will have 2:1 grade. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. Not applicable. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet oJ'any proposed excavation. Greenhouse structure is located behind locked chain link fence 100 feet east of excavation, exterior of 50ft vegetated buffer. No other structures located within 300 feet of excavation. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-.section and location ofeach type of barricade to be used must be indicated on the mine map(s). No high wall areas located in permit area. Access to permit area will be by 550ft private access road that is gated & locked by applicant / landowner. M APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes ❑ No ®. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? Not applicable. 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Natural vegetation buffer exists around outside perimeter of mine. 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 publicly owned park, forest or recreation area in vicinity of permit area. Will explosives be used? Yes ❑ No Z. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. Not applicable. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No ®. Ifyes, describe these materials, how they will be stored and method of containment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). Not applicable. APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. Excavated body of water will be left as part of reclamation for recreational use by landowner. Sediment pond will be left to original state (pre-existing pond with vegetated slopes). Pre-existing sediment pond berms on northwest side will return to pre-existing natural state. Constructed sediment pond berms will be removed, land graded and planted with groundcover. Overflow water control device will be removed from sediment pond berm, area planted with ground cover. After mine excavation and removal of sand and topsoil stockpiles, all disturbed land, affected areas and access and service roads inside the permit area will be leveled and graded away from edge of excavated mine pit 8ft until graded area reaches natural level. This will create a low berm located at the edge of the pit I ft high and will extend 8ft wide away from the pit (see attached cross-section). Haul roads and processing areas inside main permit area will be graded, seeded, and returned to grassland. Access field path will remain around excavated pond. Graded land and all affected area will be fertilized and sown with grass seed by mine operator, as per recommendation by County Agriculture Extension Agent (on file). Ultimately all reclaimed land from 2011 out from excavation will be returned to field & pasture and dirt path. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ❑ No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ® No ❑. If yes, specify species. Bass, catfish & bream. 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. Not applicable. 12- APPLICATION FOR A MINING PERMIT Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. No overburden or waste areas will remain. Any wooden overburden (stumps, trees) will be removed by burning. Excavation materials are all sand & topsoil. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. No physical processing facilities exist. Stockpiles will be removed from premises and will be graded & leveled to flat natural ground level. Haul roads and processing areas adjacent to excavation will be graded & leveled to flat natural ground level. Berm adjacent to excavation will be sloped away from edge of pit a minimum of 8 feet until graded area reaches natural land level. Perimeter berms on north, south & west edges of unexcavated buffer will be removed and area will be graded & leveled. All former stockpile areas, haul roads & processing areas will be fertilized and seeded with grass by mine operator at end of mining operation. No roadways except for access field path will remain around excavation area. Private access road to Ferebee Lane & US 158 will be returned to preexisting condition. b. Will any on -site roadways be left as part of the reclamation? Yes ® No ❑. If yes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. Pond access dirt field path will remain; no roadways. 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 maps) and reclamation map, along with a list of items to be disposed in said areas. Any and all scrap metal, junk, cables or other such non -original waste materials will be removed from mine premises by mine operator and disposed of properly at Currituck County landfill, Maple, NC. All topsoil or sand excavated by mining operation will be removed from premises before reclamation. No off -site generated waste will be produced or disposed of on -site. -13- APPLICATION FOR A MINING PERMIT Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for Year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): 2000 Ibs/acre (per Mine Permit 27-44 conditions) FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 10-10-10 1000 lbs/acre (per Mine Permit 27-44 conditions) SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes) Seed Types: Kobe Lespedeza Bahiagrass Redtop Winter Rye Common Bermuda Grass Lespedeza (unscarified) German Millet Rye Seeding Dates: Feb 15 — Apr 1 Feb 15 — Apr 1 Feb 15 — Apr 1 Feb 15 — Apr Apr 1 —Jul 31 Aug I — Oct 25 Aug I — Oct 25 Oct 25 — Feb 15 Seeding Rates: 10 Ibs/acre 50 lbs/acre 01 Ibs/acre 15 lbs/acre 50 Ibs/acre 30 Ibs/acre 40 lbs/acre 120lbs/acre MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: All seeded areas will be mulched using small grain straw at a rate of 2000 lbs/acre and anchored appropriately. OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): None Revegetation and/or reforestation plan approved by: Signature ** On File** Date Print Name Title Agency t4- 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 AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 0.00 Ac. X $ /Ac. _ $ Stockpiles: 0.30 Ac. X $ 1800 /Ac. _ $ 540 Wastepiles: 0.20 Ac. X $ 2000 /Ac. _ $ 400 Processing Area/Haul Roads: 3.42 Ac. X $ 1800 /Ac. _ $ 6156 Mine Excavation: 8.54 Ac. X $ 500 /Ac. _ $ 4270 Other: Berms 0.40 Ac. X $ 1800 /Ac. _ $ 720 TOTAL AFFECTED AC.: 12.86 Ae. (TOTAL PERMITTED AC.: 13.62 Ac.) Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 13.62 Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ 12,086 Inflation Factor: 0.02 X SUBTOTAL COST: $ 241.72 X Permit Life (1 to 10 years): 10 INFLATION COST: $ 2417.20 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 14,503.20 Reclamation Bond Cost: $ nearest 15- APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" a" NOTICE (EXAMPLE ONLY —20 NOTICES MAILED TO ADJACENT LANDOWNERS) Pursuant to provisions G.S. 74-50(bI ) of The Mining Act of 1971, Notice is hereby given that Roy Etheridge has applied on March 2012 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface mining permit, ® a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine sand & topsoil on 14.25 acres located 0.5 miles (Mineral, Ore) (Number) (Miles) south of Powell's Point, NC off/near road SR 1116 (Ferebee Lane) (Direction) (Nearest Town) (Number/Name) in Currituck County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bI), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding I snecifics of the nronosed mininn activity. nlense contact the annlicant nt the fnllawino telenhane onml ror mrormauon on 9) 733-4574. Pleas Dan Scanlon, Currituck County Manager 153 Courthouse Rd., Suite 204, Currituck, NC 27929 (Addressee/Owner of Record's Name and Address) March 02, 2012 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) review Roy Etheridge (Name of Applicant: Include Contact Person & Company Name, if Applicable) PO Box 296, Powell's Point, NC 27966 (Address of Applicant) 17- APPLICATION FOR A MINING PEWMIT AFFIDAVIT OF NOTIFICATION 1, Kenneth C. Elliott an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the minetract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of tile mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) County of Currituck, NC PO Box 9 Currituck NC 27929 LB. Enterprises, LLC PO Box 130 Portsmouth VA 23705 Charles Edward YOUnts, Jr. 7764 Caratoke Hwy., Powell's Point, NC 27966 (Attach additional list ifnecessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) [i.e.: City Manager, County Manager, Mayor, etc.] Dan Scanlon, Currituck County Manager (Address) 153 Courthouse Road, Suite 204 Currituck, NC 27929 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(bI) and 15A NCAC 5B .0004(d). 1 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. _ - `s Signatt ' f Applicant or Agent March 14, 2012 Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Roy Etherid!,e Title of person executing Affidavit Agent for Roy Etheridge _ a Notary Public of the County of C/lo h State of North Carolina, do hereby certify that tl ne/ A appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hard and notarial seal, this 1�� day of MQ v 20-L?—, Notary: .c� ,�� my Commission expires: 0 37 APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, Kenneth C. Elliott , an applicant, or an agent, or employee of an applicant, for a new Mining permit, or a modification of an existing Mining permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following areal] known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) John Harris & Associates. LLC Bennett's Creek Wholesale Nursery, Inc. Turf& Garden, Inc. (Address) 215 Brooke Drive, Norfolk, VA 23510 5635 Shoulders Hill Rd., Suffolk, VA 23435-2362 PO Box 1326, Chesapeake, VA 23327 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer ofthe county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] 153 Courthouse Road, Suite 204 Dan Scanlon, Currituck County Manager Currituck, NC 27929 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 permitboundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of`the mine tract, all owners ofrecord oftracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). I understand that it is the responsibility ofthe applicant to retain the receipts ofmatting showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signa of App icant or Agent March 14, 2012 Date If person executing Affidavit is an agent or employee of an applicant, provide the following inforntatiom Name of applicant: Roy Etheridue Title of person executing /Affidavit Agent for Roy Etheridge a Notary public of the/CCbounty of State of North Carolina, do hereby certity that 7 ah? A ( , ,C/i o //7 ' appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand n n�)otaria�II seal,this, , , I day of &?AVCA 20 Notary:_ MCf�(<Z/�Cr / my Commission expires: Aols� -38- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, Kenneth C. Elliott , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) Ronald P. & Nellie F. Davis Hersey Bradford Norris Barbara H. Etheridge (Address) 2210 W. Church St., Elizabeth City, NC 27909 117 White Acres, Jarvisbure, NC 27947 PO Box 185, Powell's Point, NC 27966 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] 153 Courthouse Road, Suite 204 Dart Scanlon, Currituck County Manager Currituck, NC 27929 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 minc tract, all owners ofrecord oftracts adJoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). I understand that it is the responsibility ofthe applicantto retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signaltzrre of Applicant or Agent March 14. 2012 Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Roy Etheridge Title of person executing Affidavit Agent for Roy Etheridge State of North Carolina, do hereby certify d appeared before me this day and under oath a Notary Public of the County of l "&)Cl k-) was Witness my hand and notarial seal, this _day of &Vc% 20-1,�. Commission expires: -39- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, Kenneth C. Elliott , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department ofEnvironment and Natural Resources, being first duly swan, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) Phyllis & Wilbert Brown 7929 Caratoke Hiw., Powell's Point, NC 27966-9742 Clyde Ferebee, Jr. 7945 Caratoke Hwy., Powell's Point, NC 27966 Clara W. Ferebee, c/o Wanda Whitmore 132 Ferebee Lane, Powell's Point, NC 27966 (Attach additional list if necessary) I do also attest that the following individual is the chiefadministrative officer ofthe county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) [i.e.: City Manager, County Manager, Mayor, etc.] Dan Scanlon, Currituck County Manager (Address) 153 Courthouse Road, Suite 204 Currituck, NC 27929 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 ofthe mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. 0� Sign re of Applicant or Agent March 14, 2012 Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Roy Etheridge Title of person executing Affidavit Agent for Roy Etheridge a Notary Public of of the County of c �lc4ri State of North Carolina, do hereby certify that— 6peA C� oclli o lI appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my han4 and notarial seal, this —� —day of l tG,4C/l 20 Notary: On _ ��..'&!'/my Commission expires:#40�jw -40- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, Kenneth C. Elliott an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following areall known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) Donald & Joseph Ferebee Carol Pulliam Nyberg Hall Family L.P. 2 (Address) 7422 Caratoke l-Iwy., Jarvisburg, NC 27947 PO Box 1023, Kill Devil Hills, NC 27949 PO Box 130, Portsmouth, VA 23705-0130 (Attach additional list if necessary) f do also attest that the following individual is the chiefadministrative officer ofthe county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] 153 Courthouse Road, Suite204 Dan Scanlon, Currituck County Manager Currituck, NC 27929 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 oftracts adJowing these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer - f tine county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). 1 understand that it is the responsibility of the applicant to retain the receipts ofmailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. March 14, 2012 Signitture of Applicant or Agent Date tf'person executing Affidavit is an agent or employee of an applicant, provide tine following information: Name of applicant: Roy Etheridge Title of person executing Affidavit Agent for Roy Etheridge 1, S & 16) a Notary Public of the County, of ` wa'ki State of North Carolina, do hereby certify it appeared before me this day and under oath above Affidavit was Witness —my ha� and notarial seal, this day of tyGy 20 Notary: my Commission expires: ,, 1J 06 -4t- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, Kenneth C. Elliott , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) Martha F. Norman Heirs, c/o Lucinda Norman Todd A. Lerose James E. Reynolds Ralph Hayden (Address) 1 171 Main Sheet, Apt 2G, Rahway, NJ 07065 113 Parker's Landing Rd., Point Harbor, NC 27964 300 Dexter Street, Chesapeake, VA 23324 3 North Lane, Glen Mills — PA 19342 (Attach additional list if necessary) 1 do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address. (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayo', etc.] 151 Courthouse Road, Suite 204 Dan Scanlon, Currituck County Manager Currituck, NC 27929 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 permuted area is located in compliance with N.C.G.S. 74-50(bI) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signat n e of Applicant or Agent March 14, 2012 Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Roy Etheridge Title of person executing Affidavit Agent for Ro Ey theridee 1, Sh Q �r1 %v • .&SS a Notary Public of the County of �G'16ce1¢v) , State of North Carolina, do hereby certify that L . 4//jb_7�' appeared before me this day and under oath acknowledged that the above Affidavit was Witness my hand Sind notarial seal, this /Z{ day offilr:A 20f� Notary: l�__ J my Commission expires: L;jOk -42- 7010 1870 0003 6137 0365 8gdU77:i�TLLTdr f�tilaL-K9xiYUL•!tlikN • ` �i' •' "' 7' n; 2; m -- mJ I Complete Items 1, 2, and 3. Also complete , item 4 If Restricted Delivery is desired. " 1—.`.� X Agent -"�� v le Print your name and address on the reverse {� "'`� Y`� ❑ Addressee r ) ; - ° = a a MR R so that we can return the card t0 you. B.14, 1 ad by Pdnted Name C. Da a of Delivery n B z s ■ Attach this card to the back of the malt lace, p �� ' SiVt rill ;y S u c _ 5 - or on the front if space permits. _ _'� A .,•;,•, D. Is dellve address d'Afererrt horn Item i? ❑ Yes H w I. Article Addressed to: If YES, enter delivery address below: ❑ No S O p ( ✓^k t -�j Dan Scanlon .. I Currituck County Manager's Office I -A \" on" 3. Service Type 1 O O '" S, " j 153 Courthouse Road, Suite 204 13 Certified Mall ❑ Express Mall Currltu Ck, NC 27929 ❑ Registered ❑ Return Receipt for Merchandise CD ❑ Insured Mall ❑ C.O.D. p' 4. Restricted Delivery'! (Extra Fee) ❑Yes 0 y �, 2. Article Number a > •' (nanslerfrom samIcelabel) 7010 1870 0003 6137 0365 _ >S Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 7010 1870 0003 6137 0396 a Complete Items 1, 2, and 3. Also complete R. °n G - bill A Si nature~= -� item 4 If Restricted Delivery is desired. Agent - " n n o Print your name and address on the reverse X Addressee �_ 9� so that we can return the card to you. ■ Attach this card to the back of the mailpiece, I teceivetl (Pdnted Name) . Dat of Do ivery or on the front If space permits. 1� �y 3 S % 7- p T D. Is delivery address different from ttem 17 Yes _ ^ pp fL » 1. Article Addressed to: If YES, enter delivery address below: ❑ No p O c 7 O d Mrs. Barbara H. Etheridge " 00 PO Box 185 J D SJ rD11 � rp 3. Service Type 5;z 1 Powelrs Point, NC 27966 ❑ certified Mall ❑ Express Mail n'•,• 010 ❑ Registered ❑ Return Receipt for Merchandise fD ❑ Insured Mail ❑ C.O.D. - �' •� 4. Restricted Delivery? (Extra Fee) ❑ Yes 1 Article Number (rransfar from service label) 7 010 1870 0003 6137 0396 _ IS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 _,- 7010 1870 0003 6137 0532 o y rn ,, LI : ail a ° - r Complete items 1, 2, and 3. Also complete A. Sig 9 item 4 if Restricted Delivery is desired. ❑ Agent 0 . r Print your name and address on the reverse � Addressee am so that we can return the card to you. y r Attach this card to the back of the mailpiece, B. Received by (Punted Name) C. - Dato of Delivery or on the front if space permits. O W Article Addressed to: D. Is delivery address different Iron. item 17 ❑ Yes ,j rr « If YES, enter delivery address balow: ❑ No = 0 V "• ni a Todd A. Lerose o CML D 2 <r r - 113 Parker's Landing Roadz / n ol` — 3 Sery T n -' , Point Harbor, NC 27964 0 Certified Mail ❑ Express Mail v D1tn ❑ Registered ❑ Return Receipt for Merchandise M O :. r N v ❑ Insured Mail ❑ C.O.D. ACL 4. Restricted Delivery? (Extra Fee) ❑ Yes a (Tiansfer from service label) 7010 1870 0003 6137 0532 'S Form 3811. February 2004 Domestic Return Receiot 102595-02-M-15da is Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ® Print your name and address on the reverse so that we can return the card to you. o Attach this card to the back of the mailpiece, -1 — fbc f M If cnaru nannits. 1. Article Addressed to: County of Currituck, NC PO Box 9 Currituck, NC 27929 A., Signature X ❑ Agent ❑ Addre B. Received by (PdntedAVame) C. Date of Dell D. Is delivery address dif Brent from Item 1? ❑Yes If YES, enter delivery address below: ❑ No N i 3. Service Type V ❑ Certified Mall ❑ Express Mall tD N ❑ Registered ❑ Return Receipt for Merchant LD ❑ Insured Mail ❑ C.O.D. 4. Restricted Deliver? (Extra Fee) ❑ Yes 2. Articlumber (fifane rfroms 7010 1870 0003 6137 0372 (Ransler hoar service IabeQ ._ _ PS Form 3811, February 2004 Domestic Return Receipt Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to Clara W. Ferebee c/o Wanda Whitmore 132 Ferebee Lane Powell's Point, NC 27966 Article Number (Transfer from service iabeo 'S Form 3811, February 2004 A. Signatures i X I .11 V' 0Ag Adc B. Received by (Prin ad Name) C. D to of C U3. (-I-XOr- 3f- 1 Age D. Is YES, en address ry address from item 1? 0 Yes N N If YES, enter delivery address below: ❑ No _ N n T o m 3 v Y ro Z ro 3. Service Type v N ❑ Certified Mall ❑ Express Mail vCD ❑ Registered ❑ Return Receipt for Merchandise T ❑ Insured Mail ❑ C.O.D. 71 4. Restricted Delivery? (Extra Feel ❑ Yes 7010 1870 0003 6137 0488 7010 1870 0003 6137 0372 ?ry 3$ 3- i 'o a.2 as a O C O O ` Do O C W io rIti '- �flr 7010 1870 0003 6137 0488 obb a m m t1 - Domestic Return Receipt • Complete Items 1, 2, and 3. Also complete hem 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. m Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to Charles Edward Younts, Jr. d CL s, al S 90 'f �Q�}}`lI, O f , ro P111 t'a /,•'� i 1025954)2-M-15Gd 7010 1870 0003 6137 0402 R:a8 _ = w $ a: o s A. Signature ` .,.r X' - l.u.7 L, 1.1-4 ❑ Agent ❑Adde - n n� B. Rep 1 ad by ( Ranted Name) C. Date of Del = o a _ i{! . r D. Is deliveryadd di ferent tram Item 1? ❑ Yes 0 M = A a If YES, enter delivery address below: Cl No re A M v1 7764 Caratoke Highway 3. Service Type Powell's Point, NC 27966 Certified Mail ❑ Express Mall ❑ Registered ❑ Return Recel ❑ Insured Mall ❑ C.O.D. to I- m - pt -I 1 .. G 0 7 O a)Ilil"'-r O_ rD ter z n — o N � C for Merchr l0 a) 2. Article Number (Transfer from service taboo PS Form 3811, February 2004 4. Restricted Delivery? (Extra Fee) ❑ ... 7010 1870 0003 6137 0402 Domestic Return Receipt 7010 1870 0003 6137 0495 o Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. la Print your name and address on the reverse so that we can return the card to you. n Attach this card to the back of the mailpiece, or on the front if space permits. I. Article Addressed to: Donald & Joseph Ferebee 7422 Caratoke Highway larvisburg, NC 27947 2 A. Signature go ! � ❑Agent x /' ' be = ?oD en r t B-Addressee B. Received by (Printed Name) C. Date of Delivery- I� V A 0 ^ m r - m = — r, D Is delivery addrrss different from item 1? ❑ Yes N 2 N fl h If YES, enter d- livery address below: ❑ No � N 13- ` C - ,'7o O 0 'T z m M Z 3. Service Type N 4,0 •n b (MD M Certified Mall ❑ Express Mail v M \ ❑ Registered ❑ Return Receipt for Merchandise rD ❑ Insured Mail ❑ C.O.D. m 4. Restricted Delivery? (Extra Fee) ❑ yes t. Article Number -- _ -- (TmnsleN0romservicel�bel) 7010 1870 0000 3 6137 0495 'S Form 3811, February 2004 Domestic Return Receipt 102525-02-M-1540 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. u Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to I.B. Enterprises, LLC PO Box 130 Portsmouth, VA 23705 A. igq�L,4 t't' J,, / /N{l./fit �v rl ✓ - ❑Agent • '❑ Addressee B. Received Printed Name) C. Date of Delivery 3-s=/,� 3 7010 1870 0003 6137 0419 o O n 6�'9 3 vR 3 as T n d m D. Is delivery address different from item 1? ❑ Yes -V If YES, enter delivery address below: ❑ No 0 3. Service Type ❑ Certified Mail ❑ Registered ❑ Insured Mail Un 3 o O �o m <� D w 0 Express Mall N O ❑ Return Receipt for Merchandise w J ❑ C.O.D. O 4. Restricted Delivery? (Extra Fee) 0 Yes '•' NT rC 1 - 3 . Article Number ...-. _..__.._..._ (Transfer from service labeq 7010 1870 0003 6137 0419 • 1 'S Form 3811, February 2004 Domestic Return Receipt tozse5•oz-rn-ts4_o — 7010 1870 0003 6137 0518 D: � y: <] y ran m Complete items 1, 2, and 3. Also complete item 4 if Restricted Deliveryis desired. A. SJ�n re �y�.//'_/ 0 Agent �'. ro w: o 39 3 e }, YY//��-��-- i/%G'`�0'Addressee Print your name and addrss on the reverse o a o g so that we can return the card to you. Y B. Received ( rioted Name) C. Date of Delivery - - - ig - Attach this card to the back of the mailpiece, _ o _ =a or on the front if space permits.2- � v .. Article Addressed to: Hall Family L.P. 2 PO Box 130 Portsmouth, VA 23705-0130 D. Is delivery address different from item 1? ❑ Yes 3 If YES, enter delivery address below: ❑ No p C 0 s O G o D x N i— W w 3. Service Type v0 O ❑ Certified Mail ❑ Express Mail In ❑ Registered ❑ Return Receipt for Merchandise p ❑ Insured Mail ❑ C.O.D. w 4. Restricted Delivery? (Extra Fee) ❑ Yes O N 1. Article Number ' (Transfer from service label) 7 010 1870 0003 6137 ❑ 518_ i �.Q Fnrm 3811 Fehn lnry 9nn4 Domestic Return Receiot 102595-02-M-1540 to Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. o Print your name and address on the reverse so that we can return the card to you. o Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Ronald P. & Nellie F. Davis 2210 W. Church Street Elizabeth City, NC 27909 A. Sig a jC X ❑ Agent ❑ Addressee B. Received by (Printed Name) C. to f D wery CJT I, D. Is delivery address diffemnt from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label), 7010 1870 0003 6137 0457 oS Form 3811, February 2004 Domestic Return Receipt 102595-02.M4540 _ J Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. i Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to Carol Pulliam Nyborg PO Box 1023 Kill Devil Hills, NC 27948 :. Article Number (Transfer from service labeo IS Form 3811, February 2004 A. Signature X / 0 Agent ❑ Addressee B. Received y ( 'ntecff ame) C. Date of Delivery D. Is oll r re Brent fmm item 19 U Yes If erdali ry Toss below: ❑ No �b ti to A Ot 3. 7$ee®t+/ 0 CeA Ce lf' Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7010 1870 0003 6137 0501 Domestic Return Receipt 7010 1870 0003 6137 0457 1 2 n — � 3 33 po 1q n m 0 O T _ N N N d Q o a n .. C o CD m m - -_O < N Uri e y �t4 il5 7010 1870 0003 6137 0501 -D o jT ,pT T b r1 a n I'D O — Q 2 Do G ti to O IL �' ;..... n r) Z NJ V w O V. C co s'3 , 102595-02-M-1540 : — 7010 1870 0003 6137 0433 O:oh vv m , ® Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ❑ Agent X C e v 0 o Print your name and address on the reverse ' `G Gt ❑ gddressee so that we can return the card to you. y B. Received (Prnted Namo) C. Date of Delivery O , -' " °D o ` - ' v Attach this card to the back of the mailpiece, aLq or on the front if space permits. c m D Is delivery address different fmm item 1? ❑ Yes -r. W n w - _ 1. Article Addressed to: If YES, enter delivery address below: ❑ No O Ln Ln N f f ­1 5" 'e t Bennett's Creek Wholesale Nursery y c x l 5635 Shoulders Hill Road w 0 Suffolk, VA 23435 2362 3. ServiceT o to = rD ❑ Certified Mail ❑ Express Mail N �? ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. on t./ O a C M1• o l pj .• 4. Restricted Delivery? (Extra Fee) ❑yes H 3 2. Article Number fD�` (Transfer from service label) --7010 1870 0003 6137 0433 .� PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 , t l 7010 1870 0003 6137 0440 3i a'i = 0 3N a III Complete items 1, 2, and 3. Also complete A. Signawre' item 4 if Restricted Delivery is desired. X � � ❑Agent ❑ Addressee aw o Print your name and address on the reverse G' l� so that we can return the card to you. o Attach this card to the back of the mailpiece, B. Received b (Printed N e) C. Date 7 elivery =� B or on the front if space permits. D. Is delivery address different from item 1 ❑ Yes :r > w X 1. Article Addressed to: If YES, enter delivery address below: ❑ No re) C ..... - nb 0 90 Turf & Garden Inc. o _J x PO Box 1326 y N -`� _ Chesapeake, VA 23327 p 3. Service Type ❑ Certified Mail ❑ Express Mail w j r,' -) `''• �* / ❑ Registered ❑ Return Receipt for Merchandise N •'' r ❑ Insured Mail ❑ C.O.D. v � 4. Restricted Delivery! (Extra Fee) ❑ Yes y z. Arlicl(Trans rfromNumb7010 1870 0003 6137 0440 (Transfer from service label) � F { PS Form 3811, February 2004 Domestic Return Receipt 10259s 02-M-1540 7009 0820 0001 9575 2698 - 011 �aa 1 o r ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. a Signature �: ��(\ �\ m 1 3 a 3 ° ✓'�-71gent X q IIIz Print your name and address on the reverse .I ❑ A dressee p 31- X. so that we can return the card to you. B. Received by (PrAd Namme) C. Da4loif Delivery ` @ B n ° o Attach this card to the back of the mailpiece, or on the front If space permits. D. Is de rvery addrass different from Rom 17 ❑ Yes to W p w - I . Ankle Addressed to: If YES, enter delivery address below: ❑ No �+ m - rye O rD James E. Reynolds nf.- X 300 Dexter Street D D ' 3. Service Typo Chesapeake, VA23324 ❑Certified Man ❑ Express Mall W m a ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. A 4. Restricted Delivery? fErtm Fee) ❑ Yes v 2. Article Number (7009 from service Iabe1J D820 0001 9575 2698 F ,(Transfer , aS Form 3811, February 2004 Domestic Return Receipt 102595-02-M4540 r 7010 1870 0003 6137 0556 oZ ■ Complete Items 1, 2, and 3. Also complete A. Signature-____._ "" t Item 4 If Restricted DeliveryIs desired. r' J ❑ Agent X s o m Print your name and addres on the reverse O-Addressee so that we can return the card to you. III Attach this card to the back of the mailplece,' � eceivod by (Printed Name) C. Date of Delivery or on the front If space permits. I. Article Addressed to: D: GIs deliveryaddress different from Item 1? ❑ Yes � -- If YES, enter delivery address below: ❑ No U Ralph Hayden c ° ? v s m 3 North Lane a I Glen Mills, PA 19342 3. Sellcelype �0 D I� —L _ ❑ Certlffed'Mail `'''0 Express Mal N ;rn ❑ Registered ❑ Return Recelpt for Merchandise ❑ Insured Mail ❑ C.O.D. x 4. Restricted Delivery? (Extra Fee) ❑ yam- ..1 ,'• 3 , !. Article Number ... '- (Thifrom service labap 7010 1870 0003 6137 0556 IS Form 3811, February 2004 Domestic Return Receipt 102595-02M-1540 �'' 'L'� �" to Complete items 1, 2, and 3. Also complete A. StInIAZLI(P. item 4 if Restricted Delivery is desired. X 0 Agent • Print your name and address on the reverse — 0 AitdLa 7010 1870 0003 61370525 D i so that vie can return the card to you. C. Date of Delivery 7. 11 a Attach this card to the back of the MiVece. or oil the front if space permits. t� rd�ory address 0 M 1, 'tam 1? 0 YCS� 0 4 S. vcy act 5s b w 0 No — Z=r 1. ArIcleAddritalled to: if Es. imle" dell C W 71 Martha F. Norman Heirs CL Z 0 no c/o Lucinda Norman 111 .s. Idt rV._y a d 5t; b z 3 0 1171 Main Street, Apt 213 3N��%Ce'-IT > m -0 re, Rahway, NJ 107065 ORO =nnjc? �tumRocolotlorillerci, r-nk, 'andim 0 Insund MaR 0 C.O.D. 0 Yes 1 4. Restricted Delivery? (Cx.,a rce) 2. Ad:do Number (!,,e,sfw inom �,to label, 7010 1870 0003 6137 0525 PS Form 3811, February 2004 Domestic Holum Receipt al L11 7011 1570 0001 1692 6320 • Complete Items 1. 2. and 3. Also complete APgrialure . z F. R item 4 if Restricted Delivery is desired. 13 Agent• Print your name and address on the reverse X (x so that we can return the card to you. R. Racei"d by ito I livery • Attach this card to the back of the mailpiece, X or on the front it space permits, W D. Is delivery address CI U" 1) i '0 , 0 1. Ankle Addressed to: If YES. enter deliverydeliveryaddraddbelow:bel: 0 No 0 Dory 0 az X Hersey Bradford Norris n r" - 4 14 z PO Box 217 --ID 0 3. Service Type Harbinger, NC 27941 0 Cartfled Mail 0 Etiprosa Mail 11 Registered ORatun Rocielpt for Morchandim 0 Insured MaH 0 C.O.D. 4. RaVitchad Deliverp (Finne Ft) 0 yet; 2. ArtICID Number (73,ansror from Sonic& ftw 7011 1570 0001 1692 6320 PS Form 3811. February 2004 Domestic Rolum Receipt 102S95-02 1540 7011 1570 0001 1692 6337 6' 'Umm R III Complete items 1. 2. and 3. Also complete A. Signature z Item 4 It Restricted Delivery is desired. Xr --,-7 Agent your Print yname and address on the reverse--V\ 0 Addressee so that we can return the card to you. l3. Rr 0 of DelIM • Attach this card to the back of the mailpieci or on the front it space pemilt,, 0 i. ArliCle Addressed to: D. Isddhwyaddress di(femmt from hem 17 OYQs It YES, enter delivery address below: ED No 0z :L C) 2. 0 John Harris & Associates, LLC ID > < > A 215 Brooke Drive, Suite D < 3. se rvoe Type LU 9 0 Norfolk, VA 23510 Ocortmadman OEvressmato to to 0 Registered 0 Return Rocalpt for Merchandise 0 Intamod Mail 0 C.O.D. CD 4. Restricted Dellverp lrxM Fee) 0 AM r— 7 3 Wl i 2. Article Number i (Thmsfor from sarvice 7011 1570 0001 1692 6337 - ----- ---- PS Form 3811, February 2004 Domontic Return Receipt 1=595-02-M.15`10 I Ken Elliott From: U.S. Postal Service_ [U.S. Postal Service@usps.com] Sent: Wednesday April 25, 2012 5:03 AM To: KEN@KENOBX.COM Subject: U.S. Postal Service Track & Confirm email Restoration - 7010 1870 0003 6137 0464 This is a post -only message. Please do not respond. KENNETH ELLIOTT has requested that you receive this restoration information for Track & Confirm as listed below. Current Track & Confirm e-mail information provided by the U.S. Postal Service. Label Number: 7010 1870 0003 6137 0464 Service Type: Certified Mail(TM) Shipment Activity Location Date & Time -------------------------------------------------------------------------------- Delivered EDENTON NC 27932 04/12/12 11:00am Depart USPS Sort ROCKY MOUNT NC 27801 03/30/12 Facility Processed at USPS ROCKY MOUNT NC 27801 03/30/12 1:26am Origin Sort Facility Unclaimed Notice Left Notice Left Arrival at Unit Dispatched to Sort Facility POWELLS POINT NC POWELLS POINT NC 27966 POWELLS POINT NC 27966 POWELLS POINT NC 27966 POPLAR BRANCH NC 27965 Acceptance POPLAR BRANCH NC 27965 --------------------------- vc' 03/21/12 8:15am 03/05/12 2:34pm 03/05/12 10:25am 03/05/12 10:21am 03/03/12 11:12am 03/03/12 11:04am USPS has not verified the v; , a Confirm tool. , -➢ "" :. For more information, or if features please visit the I -e J t ----__ ara\ site at i wyo _ 3;ri, m5' p o r ii�q No virus found in this mess .,_., Phyllis & Wilbert<Brown Checked by AVG - �.��M_w,,t _ o. o, 7929 Caratoke Highway Powell's Point, NC 27966-9742 its online Track & =irm services and rur Track & Confirm Ken Elliott From: U.S. Postal Service_ [U.S. Postal Service@usps.com] Sent: Wednesday, April 25, 2012 5:03 AM To: KEN@KENOBX.COM Subject: U.S. Postal Service Track & Confirm email Restoration - 7010 1870 0003 6137 0471 This is a post -only message. Please do not respond. KENNETH ELLIOTT has requested that you receive this restoration information for Track & Confirm as listed below. Current Track & Confirm e-mail information provided by the U.S. Postal Service. Label Number: 7010 1870 0003 6137 0471 Service Type: Certified Mail(TM) Shipment Activity Location Date & Time ------- —------------------------------------------------------------------ --- Delivered EDENTON NC 27932 04/12/12 11:00am Depart USPS Sort ROCKY MOUNT NC 27801 03/30/12 Facility Processed at USPS ROCKY MOUNT NC 27801 03/30/12 1:26am Origin Sort Facility Unclaimed POWELLS POINT NC 03/21/12 8:15am Notice Left POWELLS POINT NC 27966 03/05/12 2:31pm Notice Left POWELLS POINT NC 27966 03/05/12 10:25am Arrival at Unit POWELLS POINT NC 27966 03/05/12 10:21am Dispatched to Sort POPLAR BRANCH NC 27965 03/03/12 11:12am Facility Acceptance POPLAR BRANCH NC 27965 03/03/12 11:04am ---------------------'- 9 , ' •A e � p w �.F USPS has not verified t �: via its online Track & Confirm tool. For more information, o m features, please visit -a - ... rAmh9a r.y: site at I]_t�_�/�.a�y,.a,usp> m i-- o - 0 No virus found in this Checked by AVG - mAll"II.;_'; o ' ' Clyde Ferebee, Jr. e o ara- 7945 CtkHighway ri .. g V Powell's Point, NC 27966 , Confirm services and of our Track & Confirm APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59, LANDOWNER: Signature:�/L ,v2 Print Name: Mrs. Barbara H. Etheridge (Title, if applicable) Company (If applicable) Address: PO Box 185 Powell's Point, NC 27966 Telephone: ( 252 ) 491-2480 �/% Date Signed: ✓? � . _7 -- APPLICANT: Signature:[Lc' �r Print Name: Roy Etheridge Title: Operator Company: Mine Name: Etheridge Site #2 Mine Telephone: ( 252 ) 261-3073 i Date Signed: J. ! *Signature must be the same as the individual who signed Page 1 of this application. One original and five (5) conies of the completed application, six (6) copies of all location maps, mine mans and reclamation mans, and the appropriate processing fee (see next page for fee schedule) in the forma check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. 45 - APPLICATION FOR A MINING PERMIT MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for anew mining permit, a major permit modification or a renewal permit is required as follows: 0-25 acres 26+acres New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $1,000.00 Permit Renewals $750.00 $1,000.00 Transfers/Minor Modifications* $100.00 $100.00 • A nonrefundable 5100.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers, name changes, bond substitutions and permit renovaIs where the mine is inactive and fully stabilized. A min or permit modification also includes lands added to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major permit modifications. .Acres for new permits and renewal permits means thetotal acreage at the site. Acres for major modification of permits means that area of land affected by the modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both. 45 - MINE MAP ETHERIDGE SITE #2 MINE PERMIT # 27-44 // ROY ETHERIDGE, OPERATOR POWELL'S POINT, NC CURRITUCK COUNTY / MAP PREPARED /A 2, 2012 KEN ELLIOTT1 LTING SCALE 11N = OOFT / / / / / / OP E�CAV�1pM.V¢�].v[I pEpy , N m � •'i EEWIE powB w / / StDIMENT POND (EXISTING POND) ,Y % BONDED) /(NOT BONDED) • i / g u Q...................... • l� /�? PROCESSING i AREA N/F ROY ETHERIDGE ETHERIDGE SITE #2 MINE EXCAVATION - 8.54 AC STOCKPILES - 0.30XC WASTEPILES - 0.20 AC BERMS - 0.49/AC PROCESSING & ROADS - 3.42 AC TOTAL DISTURBED - 12.86 AC / / / u / / / / / / / / I / I / I I / I I N/F ` ROY ETHERIDGE / / � \N/F / ROY ETHE 1 �' F/zwJ, MF f / � o • /TB kN S� • /' el \ \ 1/ \ N/F �•�` \\\ CURRITUCK COUNTY /r N/F \\ N/F HERSEYNORRIS \ PHYLLIS & WILBERT BROWN V CEL PNR MASTSUPPORT N/F JOHN HARRIS & ASSOC �NF kc BG'OF FR / / / / / / / / / / / / / / / / N/F HERSEY NORRIS PROPOSED NEW EXCAVATION AREA N/F ROY ETHERIDGE / / CELL T^ R MASTS UPPORT �`•` '// �ECEI VED 3W 08 Z017 AND QVALITy SECTION / N/F ITS CREEK NURSERY N/F TURF & GARDEN INC N/F \ JOHN HARRIS & ASSOC \� \ \ N/F \ \ JOHN HARRIS&ASSOC \ N/F \\ RONALD & NELLIE DAVIS \� \ \ \ \ ETHERIDGE SITE.#2 MINE PERMIT # 37 44 N ROY ETHERIDGE; OPERATOR POWELL'S'POINT, NC CURRIT,UCK COUNTY MAP P AIRED MAY 2, 2012 KEN • I TT, CONSULTING / yAD / E: 1IN = 10OFT / , Op OP / / C� / P/ N/F ROY ETHERIDGE \t' qFS O P / ETHERIDGE SITE #2 MINE EXCAVATION - 8.54 AC/ STOCKPILES - 0.30i1C WASTEPILES - 0.20 AC BERMS - 0.49/AC PROCESSING & ROADS - 3.42 AC TOTAL DISTURBED - 12.86 AC / / n / / / / / / / I SltDIMENT POND / (EXISTING 076AC POND) /(NOT BONDED) / U � / k / f` 4 /' '•FORMEF h / / PKOCESSI -'RtA 31 RECLAMATION SLOPE / N/F / \ '• ROY ETHERIDGE / / / / / / / / o V CELL WR MAST SUPPORT N/F JOHN HARRIS &ASSOC 3A ' RECLAMATION SLOPE / / / / / / / / / 3M RECLAMATION SLOPE / N/F / •'•.tio••. ROY ETHEQ ///'°OOFs •• m Fss / y5 / •.+c. s' N/F CURRITUCK COUNTY \< N/F // \\ N/F \\ PHYLLIS& WILBERT BROWN\\�� / \\ HERSEY NORRIS \\ N/F HERSEY NORRIS RE 3:1 �ON RECLAMATION SLOPE 31 RECLAMATION i SLOPE \ N/F ROY ETHERIDGE , / / / CELL TWR / MASTSUPPORT / //RscE VE® MAY 08 101z LAND QUAL►Ty 'SECTION / i N/F -TS CREEK NURSERY ` 31 . CL REAMATION SLOPE N/F TURF & GARDEN INC N/F JOHN HARRIS & ASSOC \\ SLOPE & BERM DETAIL N/F JOHN HARRIS &ASSOC \ \ N/F \\ RONALD & \ NELLIE DAVIS \\ \\ EEdI¢xr VOxp 6ERu. \ \ i M Ay 14 2012 �u- �,No oO pccso W PSNIh�� 075.8666666° W, 075.850 000' W I I P75.8331P333° W ��ryJ a - y ♦ i� i �y%1"b h $ I G p � !ry � r .n ( �y� '� .{ l /J i ♦� {li�`� gl $..r� A_J - �'^� S•' ro';< Y t'!4 �4 . Y tiW p _ � /y� �Ey..HS � { aY In � -R S1,y,P fx +F Y �,°✓lky` H.. +o- o 4 Y �'. Yd � � �V � z i • �, � •1ti'i �Fr a r %y4 �' a � r�'",£ ' 1 ++�^`M1 ' � o W, � P � td$, 7 +{� ��� P •! -•" � / it 1nKr\v �j4E;Y�.'� � ?° � x ° ° <O � > ' ,. T-' � t Jx- , *":� tin S' cC'yS•� c, r aTP.,•.bwa ��3�j{f� �$Y�I i 'iy1{ a�$M )J � O#i'}.��p� C yl�h�p}q� �� 7 • '�yy�e{b� J .. � '�(' l•`��i xy, / N l'` { w a • 'rr- . ,r � � ��' N �. +-' ' & t <2., r>xiKM `fin �° a Nk a Y \i ` ^ • 0 i{nt` � r l72'^ y,i,. y D. � e x Ytt{' H — n :+°-. yaOlflll' ',It,tent„ • ��'. �.. /�✓"�)���,Vy a "� °" d7 v,,. �.� ♦ arc •` k 0 �{r1„ :a J .Lfp7` k >C �' E.C, j, Sl ♦jp� y, l• 1xY 'fir , sr< r ,�' . +'° h" •�„ +1�'5,,._,p 1 �� ,`�r+4 Y Y 4S ,y rr 7 '\ 7`+.,�7 '. IJ „ z !, � 1 $�%1/ V Y %'iaY Lal ),_t, �<. t(-%N^ � a! ,�'/{ h� .C� �' I ✓D I� t zR rCam �T lam Al YY +Y tub 02 a !�� • w' �e "d S 7 9" q 0 '�TI i�t it � r 3 r4 '4 .,,: �"' t4M k Y.+ G � • - D r `% — `.. , Y r + pow • Ah ,m` 9v ,'b1� A / N 4� ' �y 1 J >P� [� t4�b'�� � . � 4 •���r^ L.. [, ,.� r i g.FC. ( c' V Fvv • m:' - o.YV �� C fj :./ i Yt fi � 1 :` r"6��, 5, �� w. ta�a � .� ° ��0 �� u ,•, � l�. �°' Z Z L . ° Ma nets De roinat In y E � l:,0,19POY q a n � A bfi y n �x�ro .{ti�I.O�, 1jV �: �1{•rgc't 1�A ' — TT J SCALE 1:24000 1'.. 0 ---- 1 MILES 'q ✓ .� °,a Y ,,ro ''ry 4 F{ V F� 0 L �S ° IOOUfYARDS 0 1 KILOMETER � U _ 11°w1 _^��.;•;'uu,'°�� Mill MAY I _ ����11 075.8666666° 1 I 675.85#00° W ' 1075.83+33° W i �'ini n-y cr-CTI1>PJ Name: JARV ISBU RG Location: 036.1467077 �N,075 8440869° W" 83 MtPNAE) Date: 2/12/2010 Caption: ROYEYTHERIDGE-SAN6MINE= PERTNO. 27-44 Scale: 1 inch equals 2000 feet Copyright (C) 1998, Maptech, Inc. OVERVIEW MAP ETHERIDGE SITE #2 MINE EXCAVATION, 8,14 AC ETHERIDGE SITE #2 MINE STOCKPILES - 0.30 AC PERMIT # 2744 WASTEPILES - 0.20 AC a ROY ETHERIDGE, OPERATOR BERMS . 0.40 AC POWELL'S POINT, NC PROCESSING & ROADS - 3.42 AG CURRITUCK COUNTY TOTAL DISTURBED - 12.86 AC NIT MAP PREPARED MAY 2, 2012 ROY ETHERIDGE KEN ELLIOTT, CONSULTING I5.00 AC N/F ROY ETHERIDGE 10.00 A. E O O CHARIES EDWARU YOIINTS JR O y O O \\ IF \ JOIN I,ARRIS OROY ETHERIDGE ]0.00 AC NIF NJIF TS 1V\ PO" EiNERIDGE o[NURSERY CREEK 7.09 AC \ NURSERY INC OfMl4J 'Hr• /\ 1•� A` AiI�,N NIF / 1,8. ExTFa/vERls[s uc ROY ETHERIDGE0,1 \ �`ROY ETHERIDGE x/F EGO Af PJRF E CARUEN INC N/F ,'ROY CTHC PROVOSED NEW 1 EXCAVATION xIF 13.54 AC NRRTRKK COJNTY NIF ]ONN HARRIS NIF - WE &Assoc CORRITLICK 'NERSEY NORRIS' COON fY NIF PHYLLIS A NIF WFLRERT BROWN ' HERSEY NORRIS H/F _ %MIN S 3 ASSOC ` • NIF O CLYDE NIF , RALPH FEREBEE JR RONALD & ' HAYOV NELLIE DAVIS , O N/F CLARA O' • FEREBEE ]ANES REYnOl05 S " NIF ONIF r "in , OTODD LEROSE JOSEPH FEREBEE NIF MARTHA , • • NORMAN u ERG. O ETHERIDGE SAND MINE —BSI °F r" y C �I ROWELS POINT, NC CURPFMCK COUNTY NIF�J ROY ETHERIDGE, OPERATOR NALLFAN1flY 2012 I O \ \ ADJACENTIANDOWNERS SHOWN \ LA It OL1PLIl PS I�cl ,`(,IC)NAI,.m p p[epared 5 3-12 _. Ken Elliott, consulting �. �, 1 1_ r a, r '�'Si AAW e �_ �77 I. ..t� i.�'e'�`r t �t .. t "' , Ili\` ' ` •� I I _ � I � � �� I t\ 4- � .ems t�� � �ly [i \i _ '),�Y' I��'� .1 ,t� �• � r _ - �� - �_ �' Ij `� F.'r'�Y_ `fir' t- � ^ �� \,} r•_ --- y CURRITUCK COUNTY _ 7�'V• ?- I �.� j�t ,. V i I'� "!/, I t N0R7HCAR0tJNA ��L.D � o `_l'\, ✓—�' Ohl.,, .. A,.....- ..fit., `1 ., '\��'a,.%���. ,� f.lg t. .,..,.. a�.."�„ UNDISTURBED BUFFER A-� MINE MAP SITE #2 MINE PERMIT # 27-44 ROY L. ETHERIDGE, SR. - OPERATOR POWELL'S POINT, NC / CURRITUCK COUNTY MAP PREPARED JULY 07 /2012 REVISED - AUGUST 6, 2012 UNDISTURBED BUFFER KEN ELLIOTT, CONSULTING SCALE:IIN/ 10OFT / 5 / / * WELL / SEDIMENT POND BERM -2:1SLOPE / / WELL / / / / ' N/F BARBARA ETHERIDGE RF WELL s qs WELL s N/F I.B. ENTERPRISES INC i m r •:' UNDISTURBED BUFFER �4- / Q PO•p/Pe •..2 WELL * ¢4{�`•QJ;` / e R ey e I. J � / BF �• i/ • •/ FORMER HOUSE / •., ,' •. (DEMOLISHED) / / SITE #2 MINE EXCAVATION - 8.51 AC STOCKPILE- 1.23 AC / BERMS-0.80AC i UNEXCAVATED BUFFERS - 2.45 AC OTHER UNEXCAVATED AREAS - 2.57 AC ACCESS ROAD TO US 158' - 0.36 AC TOTAL AFFECTED AREA - 15.92 AC SEDIMENT POND (NOT BONDED) - 0.76 AC UNDISTURBED BUFFERS - 22.36 AC TOTAL PERMIT AREA - 39.04 AC / / N/F BARBARA ETH _tG9-wp� at1`P / ♦ SEDIMENT POND (EXISTING ]BAG POND) ♦ B • ; �� (NOT BONDED) / t� f PROCESSING �eF /AREA `. / y9` \ .090 N/F CURRITUCK COUNTY \ A \ +C N/F / .ETHERIDGE / / / STOCKPILE AREA / N/F BARBARA ETH IDLE ;•'• / 4 , / ieO' 20P 20RIPRAP LINED OUTFLOW \ \ \ •DEEDED ACCESS ` TO NORRIS PROP ` CELL MASTSUPPORT RT N/F JOHN HARRIS & ASSOC / / / / / / / / / N/F ROY ETHERIDGE / / / / f / \ / j / / / / / / / / / PERIMETER BERM - 2:1 SLOPE PROPOSED NEW EXCAVATION AREA N/F BARBARA ETHERIDGE \ EXCAVATION POND BERM -2:1 SLOPE `4.1f, .....!:....:... 9:..... G,y �+C �LN rF o� 00 0% eG��FR ` N/F \ �\ HERSEYNORRIS \� N/F HERSEY NORRIS CELL T WR MAST SUPPORT GREENHOUSE R E V E I tl E AUG 21 2012 LAND Q-'; (ITY SECTION N/F BENNETTS CREEK NURSER N/F TURF & GARDEN INC \ \ \ \ \ \ \ \ \ N/F \ JOHN HARRIS &ASSOC ` J ` F� � \ \ N/F ` JOHN HARRIS & ASSOC N/F RONALD & `\ NELLIE DAVIS I pUG 2 3 2012 A IV S`CTIONFIG IANOQU ,IONAI-O VIAS-PIN TO I F ass RECLAMATION MAP SITE #2 MINE PERMIT # 27-44 ROY L. ETHERIDGE, SR., OPERATOR POWELL'S POINT, NC CURRITUCK COUNTY MAP PREPARED AUGUST 6, 2012 KEN ELLIOTT. CONSULTING SCALE: I IN = 100FT o� NIF ROYETHERIDGE /x / ii•• / / SEDIMENT POND , �' •.; ���• / 0 76AC ti A, o '., gOc•.�OODED BERM ./--. SEDIMENT POND BERM-2:1 SLOPE ; � '"'� N K D r / E PI EXISTING SED POND BERM WILL REMAIN AFTER RECLAMATION N/F m°• / ROY ETHERIDGE N/F I.B. ENTERPRISES INC SITE #2 MINE EXCAVATION - 8.51 AC i STOCKPILE - 1.23 AC BERMS - 0.80 AC , UNEXCAVATED BUFFERS - 2.45 AC OTHER UNEXCAVATED AREAS - 2.57 AC ACCESS ROAD TO US 1pt - 0.36 AC TOTAL AFFECTED AR15A - 15.92 AC SEDIMENT POND (NOT BONDED) - 0.76 AC UNDISTURBED BUFFERS - 22.36 AC TOTAL PERMIT / 6EA - 39.04 AC / AREA \ At / N/F / ROY ETHERIDGE / N/F CURRITUCK COUNTY N/F ROYETHERI N/F ROY ETHERIDGE \ \ \ \ DEEDED ACCESS \ '••, TO NORRIS PROP \ \ N/F \ ` HERSEY NORRIS CELL WR MASTSUPPORT v CELLTNR MAST SUPPORT O N/F JOHN HARRIS &ASSOC EXISTING PERIMETER BERM WILL REMAIN AFTER RECLAMATION PERIMETER BERM - 2:1 SLOPE RECEIVED Mir_ a < 901P SECTION N/F REEK NURSER N/F r ROY ETHERIDGE / / N/F TURF & GARDEN INC RECLAMATION // 3 av:• \ SLOPE & BERM DETAIL ' N/F \ JOHN HARRIS & ASSOC \ /oQ NIF JOHN HARRIS &ASSOC \ N/F \ \ RONALD & \ \ \ \ NELLIE DAVIS \ \ N/F \ i HERSEY NORRIS \ / 4 ' pUG 2 3 2012 _� cOTION LP N� O� gLil Y S � AL O` ....�uiNG1ON q�.01O' �—