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HomeMy WebLinkAboutNCG020857_COMPLETE FILE - HISTORICAL_20190326STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /v a CM-7 DOC TYPE Cj( HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ C9 0) � D 3 0 to YYYYMMDD Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY Go DONALD R. VAN DER VAART Se,,rarr S. .lAY ZIMMERMAN ulrav1„ PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number:NCGO 2/ 0/ 8/ 5/ 7 1. Facility Name: Cahoon Mine II. NEW OWNER/NAME INFORMATION: 1. This request for a name change is a result of: x a. Change in ownership of property/company b. Name change only c. Other (please explain): 2. New owner's name (name to be put on permit): HOM Development, LLC or NCG5_/_/_/_/_ RECEIVED 1A111k 26 2019 �M LF DENR-LAND QUALITY STORMWATER PERMITTING 3. New owner's or signing official's name and title: Jamie Basnight Hatchell (Person legally responsible for permit) Manager, HOM Development, LLC (Title) 4. Mailing address: e0 Box 2405 City: Manteo State: NC Zip Code: 27954 Phone: ( 252 ) 473-6074 E-mail address: Jamie@hatchellconcrete.com THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application form 2. Legal documentation of the transfer of ownership (such as a property deed, articles of incorporation, or sales agreement) [see reverse side of this page for signature requirements] State of North Carolina I EnVironmental Quality I Water Resources 1617 Mail Sen-icc Center i Raleigh. NC 27699-1617 919 907 6300 919-807-6389 FAX hops://deq.nc.gov/abouddivisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits NPDES Name & Ownership Change Page 2 of 2 Applicant's Certification: Jamie Basnight Hatchell , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: �� YX IYCcJU� 1\ Date:March 21, 2019 THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DEQ / DWR I NPDES 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Mining Permit #28-15, Cahoon Mine, Version 712016 STATE OF NORTH CAROLINA ) PURCHASE AND SALE COUNTY OF DARE ) AGREEMENT AGREEMENT made this �l _ day of _ 20/r? between, HOM Industry. LLC "Purchaser, Buyer", and CresCom Bank d/b/a First South Bank, "Seller". Purchaser agrees to buy and Seller agrees to sell, all that lot or parcel of land, with the buildings and improvements thereon, if any, situate at approximately 34.5 acres located at 18788 Hwy 64 East Lake NC TMS #015089-000 and 017549-000 as shown on Exhibit "A" ("Property"). Subject to all easements and covenants of record (provided they do not make the title uninsurable) and to all governmental statutes, ordinances, rules and regulations. The purchase price is One Hundred Twenty Five Thousand and No/100s ($125,000.00) to be paid as follows: $5,000.00 herewith "Deposit" which is nonrefundable other than the contingencies listed in the Contingency Section below, and has been paid directly to escrow account of, Chip Edwards, esouire "Escrow Agent", and the balance of $120,000.00 upon delivery of the deed as hereinafter provided, or such remaining amount as is due based on the Additional Deposit required in Contingency Section below. No interest shall be paid on the deposit. Seller shall pay deed stamps and other traditional Seller paid items, all other closing costs shall be responsibility of the Pt property assessments, water and sewer charges, date of delivery of the deed. chaser. Taxes, homeowners dues, and other rents and other items shall be adjusted as of the Seller agrees to convey by insurable title, and deliver a special warranty deed, with all stamps affixed thereto. Buyer accepts the property AS IS. Closing shall occur on or before Jan 31, 2018. However, if this transaction has not been closed within the stipulated time for a reason that is no fault of either party, then both parties agree to extend this agreement for a period not to exceed 5 days. In the event that transaction has not been closed under these terms, this contract shall immediately become void without further consent of the Purchaser and Purchaser shall have no further recourse against the Seller. This offer shall be good until 12 o' clock PM on January 22, 2018, and shall expire unless executed by both Seller and Purchaser prior to that time. Time is of essence. Purchaser acknowledges that Purchaser has made an onsite inspection of the Property and accepts the Property AS IS where is with all faults and a no warranties of any kind from the Seller. Seller and Purchaser agree to hold each other harmless from any other claims for real estate commission that may arise from this transaction. This sale is CONDITIONED upon: Purchaser may cancel this Contract by written notification to the Seller for any reason on or before Jan 26, 2017, which time the Deposit shall be Contract r �1 Page 1 1/V(t)f I`t1t1J� nonrefundable for any reason. The Purchase Price shall be credited for such amount. • In the event that the Seller or Purchaser cancels the Contract for any reason, Purchaser agrees to provide ALL information gathered by the Purchaser related to the Property including any third party reports, permits, plans, surveys, appraisals or other information and hereby instructs such third party providers to deliver such work directly to the Seller at the Seller's request. Purchaser shall be responsible for payment to all third parties providing such information including but not limited to: engineers, appraisers, consultants, government bodies and agencies and here by indemnifies the Seller for any responsibility thereto. Such information shall be delivered by the Purchaser within 20 days of the Seller's request. • Contract is subject to satisfactory cancellation of the Sand Mining Agreement dated 2/13/12 between Seller and First South Bank and F&H Land Development, Inc. to the satisfaction of the Buyer and the Seller in their sole discretion. • Buyer agrees to pay one half of the payoff due on the loan to F&H Land Development, Inc. H8500001062 in the principal amount of $22,034.08 at closing. Seller shall pay the remainder one half of the payoff from sales proceeds. • Seller makes no representation as to the volume, quantity or quality of the sand or other minerals that may be on the Property. Seller makes no representations as to the type or validity of the mining permits related to the Property however agrees to cooperate with the Purchaser to transfer any permits that may exist. Purchaser acknowledges that personal property on the site is not part of this agreement and may belong to F&H Land Development, Inc. as referenced in the contingency section of this document and agrees to allow F&H to remove such property from the site after closing. CONDITION OF PROPERTY: PURCAHSER ACKNOWLEDGES THE PROPERTY WAS FORECLOSED ON BY THE SELLER AND THE IMPROVEMENTS ON THE PROPERTY HAVE NOT BEEN OR MAY NOT BE COMPLETED. BUYER ACKNOWLEDGES THAT SELLER HAS MADE NO REPRESENTATIONS REGARDING THE CONDITION OF THE PROPERTY. BUYER IS RELYING SOLELY ON THEIR ON JUDGMENT AND INVESTIGATIONS AND INSPECTIONS OF THE PROPERTY IN MAKING THEIR DECISION TO PURCHASE THE PROPERTY. SAID PREMISES SHALL BE CONVEYED TO THE BUYER IN A STRICTLY "AS IS" CONDITION. SELLER MAKES NO WARRANTIES AS TO THE CONDITION OF SAID PROPERTY. THIS PROVISION SHALL SURVIVE CLOSING. BUYER ACKNOWLEDGES SELLER IS NOT THE CONTRACTOR THAT CONSTRUCTED THE IMPROVEMENTS ON THE PROPERTY AND THEY WAIVE ANY RIGHT TO MAKE A CLAIM THAT SELLER HAS ANY RESPONSIBILITY BASED ON THE CONSTRUCTION OF THE IMPROVEMENTS. THIS PROVISION SHALL SURVIVE CLOSING. Upon default by the Purchaser, the Deposit paid this date will be forfeited as liquidated damages in addition Seller shall be entitled to demand specific performance and other remedies both legal and equitable including attorney's fees and court costs. Upon default by the Seller, Purchaser Contract Page 2 shall be repaid all sums paid hereunder, and in addition, shall be reimbursed for his reasonable expense of title examination and have no further recourse against the Seller. Mediation: If a dispute arises out of or relating to this Purchase and Sale Agreement the Seller and Purchaser shall endeavor to settle the dispute first through direct discussions. If the dispute cannot be settled through direct discussions, the parties shall settle the dispute through mediation pursuant to the North Carolina Rules of Mediation. A mediator shall be chosen by each party and if an agreement is not reached by the parties the mediators shall choose a third mediator that will mediate the matter. The parties agree to conclude such mediation within forty five (45) days of the filing of the Request for Mediation. The location of any mediation shall be in Brunswick County, North Carolina. Arbitration: Any dispute not resolved by mediation shall be resolved by binding arbitration in accordance with the North Carolina Rules of Arbitration. An arbitrator shall be chosen by each party and if an agreement is not agreed by the parties then arbitrators shall agree to a third arbitrator that will make the final arbitration ruling. The parties agree to conclude such arbitration within 45 days of the filing of the Request for Arbitration. Judgment on the Arbitration Award rendered by the arbitrators may be entered in any Court having jurisdiction thereof. The location of any arbitration shall be Brunswick County, North Carolina. Purchaser acknowledges that this arbitration provision is a material provision of this Agreement and that Seller would have not entered into this Agreement without this provision. GENERAL PROVISIONS: a. This written Agreement, including all Exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. b. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. No conduct or course of action undertaken or performed by the parties shall have the effect of or be deemed to have the effect or modifying, altering or amending the terms of this Contract unless such change or modification is agreed to in writing by both the Seller and the Purchaser. d. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be exercised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. e. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. f. This Agreement is binding on the parties hereto and on their several successors, heirs, executors or administrators, as the case may be. Contract Page 3 g. This Agreement shall be governed in all respects by the internal laws of the State of South Carolina. h. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. i. Seller and Buyer do hereby covenant and agree that documents as may be legally necessary or otherwise appropriate to carry out the terms of this agreement shall be executed and delivered by each party at the closing. j. That all covenants, agreements, warranties, obligations, contingencies, certificates, opinions, or any other writing as pertinent to this Contract of Sale and transaction as applicable thereto, shall survive the closing and shall not be subject to waiver, and strict compliance shall be had therewith. Time is of the essence in this Contract of Sale. This agreement constitutes the entire contract and can only be changed by written agreement between the parties. Any dispute of claim arising out of this contract shall be submitted for mediation. The stipulations aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties. In the Presence of: HOM cI-n/Idduu'stry, LLC G% ✓ LJW ` By Purc aser By: Purchaser By: CresCom B 4 d/b/a First S Cha sJ. "J f hlig, Jr. I c Pr ident Chief Credit Officer 4000t- Contact Page 4 it `s` ``��� �,�--<•r----=�------ _...�__ ' Is-ja�il:l, rill; � e�`vo-i- ��E I 'Y�ill4�`,� Ijlillj�lll�llll�I'jll�{liI�jdI`�I!Ia+lI�lilllliil ullli,!IiiI�I i;i`il!! 1, i Nr• I I=r• 1, ° V °a + i9 I _i3 i:l 1 d M I N I N��.P I. A N -�'DAi II-I001 f n Lu+ni. ,•1 "� li' t' �,i FRESH POND PARINCRS, LLC 'IJ 111 N G P f L - - - •:.xmxr,; + (�� + 11I ' — �C}uible "and TOI 1 0 Division of Energy, Mineral & Land Resources USE ONLY �A Land Quality Section/Stormwater Permitting Year ��a��s'� National Pollutant Discharge Elimination System �o..a .,...� PERMIT NAME/OWNERSHIP CHANGE FORM DENR•NDLA .�.,M �.w 1 „ QUALITY STORMWATER PERMITTING I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage 0 N C G o 2 D 8 5 II. Permit status prior to requested change. a. Permit issued to (company name): b. Person legally responsible for permit: mar. as VAN-J First M Last Title �O _?Sooc 2t:34 7 Pennit Bolder Mailing Address WaSg t rG,7 �/ n(C, 27PP9 City state Zip (2�r_2) 4'k -3bg79 Phone Fax c. Facility name (discharge): GA40 o.! M I 4 E d. Facility address: US is w / ZG Ncx � CAsr �gf= nd EAcs r 4_A� E- NC- a jyS3 City State Zip e. Facility contact person: Z=L'-4 ( 2r2) 1'F0 'yjZz first / MI / Last Phone H p� c r: III. Please provide the following for the requested change (revised permit). bV a. Request for change is a result of: ❑ hange in ownership of the facility Q, 0 , Nanie change of the facility or owner }'0 L If other please explain: Ch A>t G E o e l2ESPod s oFF I ct C_ (9 1 b. Permit issued to (company name): c. Person legally responsible for permit: t= I dCC— First MI Last �%7e2Es / Lt�(r 16 (f E70 Title �E0 .,< ZoV-% Permit Bolder Mailing Address �r V.(G\�S hl t i4 CY T-0 r 1 I\(z— CCity State I Zip 417 �% 1 (�te^ 179- Phone E-mail Address d. Facility name (discharge): Ot}W6-0-4 H t .4 c. Facility address: U—S 4,0 Z t �N �ic4r LA cE) �. .Address t=�st- tom-i� t tc, a794-3 City _ state Zip f. Facility contact person: E CRc ✓G�� First MI Last (2+ 2-) 4 - sZ?2& s�r ✓r v �h; y�� Phone E-nwil Address CAx IV. Permit contact information (if different from the person legally responsible for the permit) Revised Jan. 27, 2014 m NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Permit contact: First MI Last Title Mailing Address City State Zip Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior tot s ownership or name change? Yes ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. ....................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): 1, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. ate APPLICANT CERTIFICATION 1, , attest that this application for a nameiownership change has hear, reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27, 2014 Permit Number NCG020857 Program Category NPDES SW Permit Type Mining Activities Stormwater Discharge COC Primary Reviewer larry.wade' Coastal SWRuie Permitted Flow Facility Central Files: APS _ SWP _ 4/23/2014 Permit Tracking Slip Status Project Type Active New Project Version Permit Classification 1.00 COC Permit Contact Affiliation Facility Name Major/Minor Region Cahoon Mine Minor Washington Location Address County US Hwy 64 Near E Lk Dare East Lake NC 27953 Owner Owner Name First South Bank Dates/Events Facility Contact Affiliation Steve Gruninger PO Box 2047 Washington NC 27889 Owner Type Non -Government Owner Affiliation Thomas A. Vann & CEO President Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 4/23/2014 12/20/2013 4/23/2014 4/23/2014 4/23/2014 12/31/2014 Regulated Activities Requested /Received Events Mine dewatering RO staff report received 4122114 Mining activities - stormwater discharges RO staff report requested 2/11/14 ✓ Outfall 100 Waterbody Name Streamindex Number Current Class Subbasin Alligator River 30-16-(21.5) SC;Sw 03-01-51 Pat McCrory Governor �itA NCDENR North Carolina Department of Environment and Natural Resources April 23, 2014 John E. Skvarla, III Secretary Mr. Steve Gruninger First South Bank 1311 Carolina Avenue Washington, NC 27889 Subject: General Permit No. NCG020000 - Cahoon'Mine COC NCG020857: Dare County Dear Mr. Gruninger: In accordance with your .application for. a discharge.permit received on February 21, 2014, 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). This certificate of coverage is not transferable. If the facility changes ownership or is closed, the Division of Energy Mineral & Land Resources may require modification, revocation or 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 Operation and Monitoring Plan before mine dewatering discharges occur at your facility. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. An Operation and Monitoring Plan for your facility must be submitted to the Washington Regional Office within 60 days of your receipt of this permit. Contact Pat McClain at the Washington Regional Office at (252) 946-6481 for more information about the approval process. 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. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section - Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http://portal.ncdenr.org/web/Ir/ An EquallOpportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper 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 project is located in one of North Carolina's 20 coastal counties. Coastal stormwater management rules (15A NCAC 2H .1000) may require an additional State Stormwater Permit (different from the NPDES mining activities discharge permit). Please contact Pat McClain in the Washington Regional Office at (252) 946-6481 to determine if:, - you will be required to submit an application for a State Stormwater permit.W. This permit does not affect the legal obligation to obtain other permits which -maybe.:•: - required by the Division of Energy, Mining, and Land Resources, or any other federal,:state,:orr: local authorities. Ifyou have any questions concerning this permit, please contact Larry Wade PE at telephone number (919) 807-6375, or email at larry.wade@ncdner.gov.: - Sincerely, for Tracy E. Davis, P.E. cc: Washington Regional Office Central Files Stormwater Permitting Program Files STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCGO20000 CERTIFICATE OF COVERAGE No. NCG020857 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, First South Bank is hereby authorized to discharge stormwater and mine dewatering wastewater from a facility located at Cahoon Mine 18788 US 64 East Lake Dare County to receiving waters designated as Alligator River, a class SC;Sw water in the Pasquotank River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, 111, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective April 23, 2014. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day April 23, 2014. for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission i ? "".7T ` J'{•`y / t •' '" a a 1rl x r '. -e" v..' �l•_ +" _""_+.. r,n. +- — ""ti lN�i'rN , Y S'S 5 b tGi '1, 14 .x�k # pj _ t ti ` a -e-'. _ 1S'rY r T y,.k"rn v im; 1�` t J� ar xa s. A.,�y.y�� 07 r' r� �' •' - r ZK� 4 .,xhyF ,IJCI�..��1��°,tat�'Cj,�'��„� y2�y��i /x�`�. f't t J?ri L§ qrN %'•�'�A` v_ y�.d'R ,r �d !,, u r3a .. .«.-d- � .:.: .. --u...,.- R"`rA. �t�y iEi `�'w�t"',I` y1 `r _"' '.��+. -r �p "'^ _.^_ � ... •� _ _ .n. ': .'Ay j�yv''yrU �r'�?lR+.e��• h,'rr' a -+-y. 'i'-w-"_.' __j` -w '•* xlfyi e<i'°.�'T,llltl����`i'.,3. ly �tl'$�tSt T-0r '•^t� '-s- -w. ...- � - _ _-=--_s- � _ l;�fi' I• !r � ` <+I�S Sx R '?r rL. +`, _ .e- " � -r 3y'`.vie'yiCC r }.r, tL �Rc '�41�,ctJ d�xv+`K.o,kyr _- . > _ .,,,-�_ _ =s---..... '�•r, - _ _ ,YY•],Yi Svr)v),''11\O�tj. l _� ^_ �+-� yam.. w. yi- - ___. rt - - - -- et� 'Rrl°.Y'M1'�r>//o�4q��ef� /11f N,lr. lY { ^ # � '6.. Nay. r• .. x i�Seet U-kl ` ate'/ .� Landing _ -Y.-.. ^ -• — _� _ -`_ -�_ - - =:� - , \ • ,Cahoon Mine - zx •'Gem -.T � ,.„ •- _ - �-" ,� .a ^" M-' ,.. _ w_ ».art _ ,��,. v JL — .1 _!r • A .ii :-iM- .. _ ,u. _ y .Y^ .uu .v. '� 'n JL '!`",y.W yg y- �-4•. `ye- y., -Yk -ti yr -f( Lam. _ � y � .v q' _\ ♦ _ wu �, ._.b ^ 'M � M- O M w�ia� +4, _tau •s � •Uy n . \ +p '- ', \\ �� -A _ � q � � h A � y -' fib. �Ve M. - aL —^yy, � ._ � ,� +.] r. �y �`}. 4 •h Y � ,� � r n h Y -9 _Y. # ,O -�/ •} `•,-may ,N• ,R _'' �� � -+ n. _ �- � .r. yr- `_� � . •r. - +ri w-•- r• - _-r � +�- - r y � y NCG020857 Map Scale 1:24, 000 First South Bank Cahoon Mine Latitude: 350 53' 08" N Longitude: -75' 57' 05" W County: Dare Receiving Stream: Alligator River Stream Class: SC;Sw Sub -basin: 03-01-51 (Pasquotank River Basin) "W7 Facility Location &01% WI LLI A M S ��� f�.ucironun•nud & (�r�di�.;ical Sc•rricc•s rii� December 19, 2013 Stormwater and General Permits Unit NCDENR Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699 RE: Cahoon Mine Mine Permit No. 28-15 Dare County Stormwater and General Permits Unit, Voice I Fax (800) 240-8550 P.O. Box 190 Balh, NC 27808 www.WilliamsEGS.com Enclosed are two copies of an application to dewater and discharge at the Cahoon Mine in Dare County. This is an existing mine site and is operating under mining permit No. 28-15. The mine operator is proposing to dewater the pit areas from time to time and discharge no more than 150,000 gallons of water on any given day. The discharge will be on site at the center back of the site as indicated on the enclosed Mine Maps. It is my belief that no impact will occur to any wetlands, surface waters or groundwater by the dewatering activities. If you have any questions, please feel free to give me a call. Sine ely /� , J �� U t /G✓ Floyd R. Williams PG, CPESC, CPG Enclosures: Two Copies of Application and Maps First South Bank Check No. 20025056 for $100.00 CC: Mr. Steve Gruninger — First South Bank 2 Q 2�13 DEC DEW- WAZ�RDap IERBO �npttDS AND S1 I Wade, Larry From: Edgerton, Thom Sent: Tuesday, April 22, 2014 10:04 AM To: Bennett, Bradley; Floyd@williamseg.com; Wade, Larry Cc: Mcclain, Pat; Novak, Gary; Wehner, Judy; Tankard, Robert; Scarbraugh, Anthony Subject: FW: O & M plan for the Cahoon Mine in Dare County Attachments: Cahoon Mine 0 & M Plan.docx; 28-15 DWR Review Sheet.pdf Hello, Please accept this message which included O&M approval (See below and the attached), as well as to provide the WaRO DEMLR recommendation for permit issuance of NCG020857. Let me know if you need additional information. Thanks, Thom Thom Edgerton, Environmental Engineer North Carolina Department of Environment and Natural Resources (NCDENR) Division of Energy, Mineral, and Land Resources (DEMLR) Land Quality Section (LQ) Washington Regional Office (WaRO) 943 Washington Square Mall Washington, NC 27889 (252)948-3963 Phone (252) 975-3716 Fax E-mail correspondence may be subject to the North Carolina Public Records Law and may be disclosed to third parties.:�t. From: Tankard, Robert Sent: Monday, April 21, 2014 2:32 PM To: Mcclain, Pat; Wehner, Judy; Bennett, Bradley; Novak, Gary; Edgerton, Thom Cc: Scarbraugh, Anthony; Scheller, Roberto Subject: FW: 0 & M plan for the Cahoon Mine in Dare County Judy and Bradley, here are DWR's comments for the Cahoon Mine. Thanks! Robert Robert Tankard Assistant Regional Supervisor Division of Water Resources Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 Phone: 252-948-3921 Fax: 2S2-975-3716 E-mail: robert.tankard@ncdenr.00v http://www.ncwater.org/ E-mail correspondence to and from this address may bz subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Scarbraugh, Anthony Sent: Monday, April 21, 2014 2:04 PM To: Tankard, Robert Subject: FW: 0 & M plan for the Cahoon Mine in Dare County 0& M Review for Cahoon mine Anthony Scarbraugh Environmental Senior Specialist Washington Regional Office North Carolina Department of Environment and Natural Resources Division of Water Resources — Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 (252)948-3924 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 statue or other regulation. From: Floyd Williams[mailto:FloydwilliamslCalgmail.com] Sent: Monday, April 14, 2014 10:31 AM To: Scarbraugh, Anthony Subject: O & M plan for the Cahoon Mine in Dare County Anthony, Attached is the O & M plan for the Cahoon Mine in Dare County. Please look it over and let me know if it is OK. 1 will be in Washington later this afternoon and plan to visit the DENR Office. If you are around and have time to discuss this that would be great. Thanks, Floyd Wade, Larry From: Mcclain, Pat Sent: Friday, March 14, 2014 2:37 PM To: Wade, Larry Cc: Edgerton, Thom; Scarbraugh, Anthony; Novak, Gary; Wehner, Judy Subject: FW: NCG020857 Cahoon Mine Attachments: NCG020857 NOI.pdf Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category Larry, In reviewing the comments from DWR on this site, they have indicated concerns about dewatering due to the proximity of wetlands near the mine. However, DWR has no objections to the issuance of the permit provided there is no pumping until there is a preliminary jurisdiction delineation and an acceptable O & M plan for the protection of any surrounding waters of the State plan be submitted Patrick McClain, PE Land Quality Regional Engineer — Washington Region NC Dept. of Environment and Natural Resources 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481, Fax: (252) 975-3716 .......................................................................................... E-mail corresondance to and from this address may be subject to the North Carolina Public Records Laws and may be disclosed to third parties. From: Novak, Gary Sent: Friday, March 14, 2014 12:51 PM To: Mcclain, Pat Subject: FW: NCG020857 Cahoon Mine FYI dayAlta Environmental Senior Specialist NCDENR, DEMLR, LOS 943 Washington Square Mall Washington, NC 27889 252-946-6481 ext 3860, fax. 252-975-3716 gary.novak @ncdenr.gov hftp://.ncdenr.org/web/Ir/land-quality From: Wade, Larry Sent: Friday, March 14, 2014 12:41 PM To: Novak, Gary Subject: FW: NCG020857 Cahoon Mine Wade, Larry From: Novak, Gary Sent: Thursday, March 13, 2014 2:08 PM To: Wade, Larry Cc: Mcclain, Pat; Scarbraugh, Anthony Subject: FW: 28-15 Attachments: 28-15 DWR Review Sheet.doc Mr. Wade, Please find attached DWR comment sheet provided to me from Mr. Scarbraugh on March 7, 2014. It is the same doc sent to Mr. Floyd Williams per his request yesterday. Please feel free to contact me if you have any questions, ('7 A Ir"d Environmental Senior Specialist NCDENR, DEMLR, LQS 943 Washington Square Mall Washington, NC 27889 252-946-6481 ext 3860, fax. 252-975-3716 gary.novak(a.ncdenr.gov hap://.ncdenr.org/web/Ir/land-guality From: Scarbraugh, Anthony Sent: Friday, March 07, 2014 2:39 PM To: Novak, Gary Cc: Wehner, Judy Subject: 28-15 Anthony Scarbraugh Environmental Senior Specialist Washington Regional Office North Carolina Department of Environment and Natural Resources Division of Water Resources — Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 (252)948-3924 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 statue or other regulation. Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. MINING PERMIT APPLICATION REVIEW FORMA forthe DIVISION OF WATER RESOURCES Project Name: First South Bank DEMLR Permit # 28-15 County: Dare Applicant's Email: Floyd@williamseg.com PERMIT ACTION TYPE: YES NO Date Commencing Is this mine a new mine? r r 1994 Have land disturbing activities started? Date? r r 1994 Latitude: 35.8838 Longitude:-75.9522 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: Unknown SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Yes Comments: Wetland Standards due to the possible dewaterinq of the adiacent wetlands through dewaterinq activities. Watershed/Stream Name & Classification: UT to Scuppernonq River: C:SW DWR Compliance Status of Mine: OK Does this mine (or previous owner) have DWR back fees to pay? N/A If yes, amount: Is this mine an active permit in BIMS? YES NO 401 Wetland Cert. required? ❑ r 401 Wetland Cert. existing? r Permit # r Does DWR RO have enough information to determine if a 401 certification is required? ❑ r YES NO Are wetlands disturbed at this site? r1 Does DWR RO suspect or know of nearby On Parcel 6, 7 and 8 r wetlands to the site? Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. Fw Consultant Is a wetland delineation required prior to r Onsite? r� DWR issuing the permit? r70ffsite? Majority of these - pardels are mapped hydric soil. Stream Determination Needed? r R.- Stream Determination Completed?, r r Due to the wetlands Does DWR RO need a statement that no present on the adjacent wetlands/streams are disturbed properties a statement from r the applicant will be for this project from applicant? re uested. Buffer Determination Needed? ❑ .� Buffer Determination Completed? ❑ R. Recycle system permit existing?' =Permit # !r� New Recycle System permit required?* r . r1 Enough information to determine? Non -discharge permit existing?* it Permit # �r� Does this applicant need to contact the regional of Central DWR Office to r C determine if a State Stormwater Permit is needed? r • Unknown. Will wastewaters discharge to HOW waters ri r •7Q10 Permittee with a 7010=0? ** Flow: must determine. r Has Violation r O&M Requirements r HQW/7Q10 Concerns Does DWR require DEMLR to hold the r Pay back fees or renew . permit (e.g. so DWR can review it further or DWR permit I Other. r because DWR requires more information)? Please describe the reason to hold the permit: RO contact: _ ❑ Hold Until: Mine must wait to dewater until an O&M plan is r f approved? permit. *'To obtain 7Q10 flows, permittees must contact the DWR Stormwater Permitting Unit, If DWR does not have a flow estimate for a specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q 10 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies. Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. "' 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 DEMLR to hold the permit until further notice, indicate that in the question below. Reviewed by: DWR RO Surface Water: Anthony Scarbraugh Regional Office: Washington Date: 03/07/2014 RO Aquifer Protection Section: Regional Office: Date: Novak, Gary From: Novak, Gary Sent: Wednesday, February 19, 2014 2:09 PM To: Wehner, Judy (judy.wehner@ncdenr.gov) Cc: Mcclain, Pat Subject: FW: Cahoon Mine - Mining Permit No. 28-15 Judy, Do you know anything about a recent permit mod for the Cahoon mine 28-15 that Floyd is working on? I have not seen any of the paper work for any application. 4&7 A N>.1 Environmental Senior Specialist NCDENR, DEMLR, LQS 943 Washington Square Mall Washington, NC 27889 252-946-6481 ext 3860, fax. 252-975-3716 ag_yr .novak(ncdenr.gov hftp://.ncdenr.org/web/Ir/land-guality From: Scarbraugh, Anthony Sent: Wednesday, February 19, 2014 2:04 PM To: Novak, Gary Cc: May, David Subject: Cahoon Mine - Mining Permit No. 28-15 Gary, After a review of the available information, the Division of Water Resources has determined that additional information will be needed to complete our review. If you have any questions or concerns, please feel free to contact me. Thanks, Anthony Scarbraugh Anthony Scarbraugh Environmental Senior Specialist — Washington Regional Office FEB n 1 2014 North Carolina Department of Environment and Natural Resources d Division of Water Resources — Water Quality Regional Operations Section 0 NR' � 943 Washington Square Mall W d--8 & &rwALiTy ee�, Washington, NC 27889 (252)948-3924 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 statue or other regulation. Scarbraugh, Anthony From: Scarbraugh, Anthony Sent: Wednesday, February 19, 2014 2:04 PM To: Novak, Gary Cc: May, David Subject: Cahoon Mine - Mining Permit No. 28-15 Gary, After a review of the available information, the Division of Water Resources has determined that additional information will be needed to complete our review. If you have any questions or concerns, please feel free to contact me. Thanks, Anthony Scarbraugh Anthony Scarbraugh Environmental Senior Specialist Washington Regional Office North Carolina Department of Environment and Natural Resources Division of Water Resources — Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 (252)948-3924 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 statue or other regulation. �.+#+.*>+#«*wrrrrrr**�...r***rrf+rr*****r+�:+«s.+.«•*s****+.**.+#+**:.#*r+++ rvE FES 2 i -2014 From: Wade, Larry Sent: Tuesday, February 11, 2014 8:21 AM To: Mcclain, Pat Subject: NCG020857 Cahoon Mine Hello Pat, Please review the attached NOI for the subject mine and let me know if the regional office has any concerns with issuing a permit. I am sending maps through inter office mail for your use. If a response is not received within 30 days, we will issue the permit contingent upon our review. If you need additional information, please let me know. Thanks, Larry W. Wade PE Telephone: (919) 807-6375 Fax: (919) 807-6494 Stormwater Permitting Program North Carolina Department of Environment & Natural Resources Division of Energy Mineral and Land Resources 1612 Mail Service Physical Address - 512 N. Salisbury St. Room 9425 Raleigh, NC 27699-1612 Raleigh, NC 27604 isa government E-mail address**************************** *********E-mails sent and received from this address can be disclosed to third parties************ �VA Division of Water Quality / Surface Water Protection NCDENRNational Pollutant Discharge Elimination System NO— O IMF- OF ExvinpwwC,rt uip NnMLL iR]WnCE1 NCG020000 NOTICE OF INTENT FOR AGENCY USE ONLY Dma Received Year Month Dav 1 Cenificu c of Covcm e a s Check k I Alnount aoozr Ioo Pevnil Assigned Io 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 NCG020000: Point source discharges of stormwater and wastewater from in -stream sand mining operations (i.e., sand dredging or dipping operations). Please contact the NPDES Wastewater Point -Source Group for more information on coverage under this Please ornt or Woe all entries in this application form 1) Mailing address of owner/operator (official address to which all permit correspondence will be mailed): Legal Owner Name : First South Bank (Attach the most recent Annual Report to the NC secretary of State showing the current legal name or the corporation or entity. Alternatively this permit can be given to an individual orgovernment authority. This name must be the same name as appears on the Division o/ Land Resources' Mining Permit.) Signee's Name (as signed for in permit signature at bottom): Steve Gruninger Address PO Box 2047 / 1311 Carolina Avenue City Washington Telephone No. (252) 940-4926 Alternate Contact Name Alternate Contact Telephone (if different) State: North Carolina ZIP Code: 27889 Email Email (if different) Page 1 of 8 SW U-NCG02-NOI Last revised 9/5/2012 NCG020000 N.O.I. 2) Location of facility producing discharge: Facility Name Cahoon Mine Facility Street Address: US HWY 64 Near East Lake Facility City Facility County Facility Contact SAME Telephone No. Contact E-mail 3) Physical Location Information: State ZIP Code Fax: 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): On north side of HWY 64 approximately 2 miles east of edge of Alligator River 4) Latitude N 35 53' 8" Longitude W 75 57' 5" (degrees, minutes, seconds) Permits: 5) This NPDES Permit Application applies to which of the following: ❑ New or Proposed Facility Date operation is to begin: X Existing Date began mining: 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: 1 4 4 2 7) Provide a narrative description of the types of minerals mined at this facility: SAND 8) Is this mine an inactive mine site? X No ❑ Yes If yes, do you posses an "Inactive Renewal" from DEMLR 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 Energy, Mineral and Land Resources (DEMLR) [formerly DLR]? ❑ No X Yes If No, please indicate the status of the Mining Permit application: If yes, please provide the Mining Permit number: 2828=15. Please also provide a copy of your DEMLR 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 DEMLR. 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: Page 2 of 8 SWU-NCG02-NOI Last revised 9/5/2012 NCG020000 N.O.I. 11) Are you applying for a mining permit in the same location as a previously permitted mine? X No ❑ Yes If yes, specify permit number and name if known: 12) 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: 13) Does total area of this mine site include ready -mix and asphalt areas? X No ❑ Yes If yes, do they have DWO stormwater permits (if owned by the same company)? ❑ No ❑ Yes (provide permit number ) If not owned by the same company, who is the owner? 14) Will this mining operation precede development activities at this site? X No ❑ Yes 15) 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 ❑ 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. 16) Is this mine located the Neuse, Tar -Pamlico, or Catawba River Basins, 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. If yes, please include information and plans showing diffuse flow through buffers as required. Discharge Points, Receiving Waters & Wetlands: 17) 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? Alligator River 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): Note: Discharge of industrial wastewater to receiving waters classified as WS-II to WS-V, or SA, must be approved by the Div. of Water Resources, or Div. of Marine Fisheries. If DWR or DMF 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 NCG02 General Permit. 18) If your facility has wastewater discharges and they are to HWO and/or PNA waters (Primary Nursery Areas) waters, what is the proposed flow rate? (See http://www.ncdmf.neVmaps/FNA maps/index.html, for map) Page 3 of 8 SWU-NCG02-NOI Last revised 9/5/2012 NCG020000 N.O.I. 19) 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: The discharge will be at the back center of mine permit boundary and will be discharged into wooded - 28 acre area within property boundary. 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: Wooded area on -site 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: 20) Will mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlands? ❑ No X 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 maybe 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. 21) If you are dewatering, are there wetlands or surface waters within 400' of the mine pit perimeter? ❑ No X Yes If yes, what distance are they from the mine pit perimeter? - 100 feet. 22) 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: Page 4 of 8 SWU-NCG02-NOI Last revised 9/5/2012 NCG020000 N.O.I. 23) 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: 24) Does this facility employ any best management practices for stormwater control? ❑ No X Yes If yes, please briefly describe: Silt Fences, Gravel Construction Entrance, Berms, Internal Drainage. 25) Does this facility have a Stormwater Pollution Prevention Plan? X No ❑ Yes If yes, when was it implemented? 26) Will vehicle maintenance activities occur at this facility? X No ❑ Yes Wastewater Treatment Facilities: 27) Will mine dewatering discharges occur? WA ❑ No ❑ Yes 28) Will discharges of overflows from process wastewater treatment systems occur? N/A ❑ No ❑ Yes If yes, a. Does this facility employ chemical additives to flocculate suspended solids? X 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 polyacrylamide (PAMS) products for use in North Carolina: http://portal.ncdenr.org/web/wq/ws/su/npdessw b. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ❑ No ❑ Yes 29) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? X No ❑ Yes 30) Is your facility washing mined materials? X No ❑ Yes If Yes, are you discharging this water? Page 5 of 8 SWU-NCG02-NOI Last revised 9/5/2012 NCG020000 N.O.I. Other: 31) 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: How is material stored: _ Where is material stored: How many disposal shipments per year: Name of transport / disposal vendor: _ Vendor address: 32) Is your facility providing appropriate secondary containment for bulk storage of liquid materials? See permit text for secondary containment requirements. N/A ❑ No ❑ Yes 33) Does your site have an active landfill within the mining permit boundary? X No ❑ Yes If yes, specify type: ❑ LCID ❑ Other: 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. �L 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. �L 2 copies of large-scale (minimum 24" x 36") site plan with topographical lines with all outfalls, applicable buffers and wetlands clearly delineated, and 100-year flood plain line if applicable. V A copy of your DEMLR mining permit. _M,��n A copy of your US Army Corps -approved wetland delineation if you marked "yes" to question 23 above. A line drawing of the water flow through the facility. A pictorial description of the nature and amount of any sources of water and any collection and treatment measures. 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: l . e-ft1*0 Page 6 of 8 SW U-NCG02-NOI Last revised 9/5/2012 NCG020000 N.O.I. • Applicant has included a detailed list of impervious surface areas and percentages, sub -drainage areas and total drainage area. _ 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 priorto NCG02 issuance. 2 copies of detailed Full Size Plans (at least 24" x 36") delineating areas on the plans and listing acrea a (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). _Pump dewatering size and information on its specifications. _Well information (design, depths, maintenance). _Physical monitoring for the wetlands areas. _Settling pond sizing information, if applicable. _Level spreader design, if applicable. _Details about dewatering method. _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: Date contacted: -OR- _V I will not any impact nearby wetlands, surface waters or groundwater by dewatering. 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). 33) Signatory Requirements (per 40 CFR 122.22) All applications, reports, or information submitted to the Director shall be signed and certified. a. All notices of intent to be covered under this General Permit shall be signed as follows: (I) For a corporation: by a responsible corporate officer. For the purpose of this permit, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. 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. Page 7 of 8 SW U-NCG02-NOI Last revised 9/5/2012 NCG020000 N.O.I. 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. 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: _ J:_'Vey ��7✓ //�/�� _ Title: Notice of Intent must be ac Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 //- /3 - /,3 (Date Signed) by a check or money order for $100.00 made payable to NCDENR. Note The submission of this document does not guarantee the issuance of an NPDES permit. For questions, please contact the DWO 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 8 of 8 SW U-NCG02-NOI Last revised 9/5/2012 AI PA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Steve Gruninger First South Bank 1311 Carolina Avenue Washington, NC 27889 Dear Mr. Gruninger: John E. Skvarla, III Secretary April 23, 2014 Subject: General Permit No. NCG020000 Cahoon Mine COC NCG020857 Dare County In accordance with your application for a discharge permit received on February 21, 2014, 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). This certificate of coverage is not transferable. If the facility changes ownership or is closed, the Division of Energy Mineral & Land Resources may require modification, revocation or 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 III, Section E of your permit. You must have an approved Operation and Monitoring Plan before mine dewatering discharges occur at your facility. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. An Operation and Monitoring Plan for your facility must be submitted to the Washington Regional Office within 60 days of your receipt of this permit. Contact Pat McClain at the Washington Regional Office at (252) 946-6481 for more information about the approval process. 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. Division of Energy. Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http://portal.ncdenr.org/web/Ir/ An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper 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 project is located in one of North Carolina's 20 coastal counties. Coastal stormwater management rules (15A NCAC 2H .1000) may require an additional State Stormwater Permit (different from the NPDES mining activities discharge permit). Please contact Pat McClain in the Washington Regional Office at (252) 946-6481 to determine if you will be required to submit an application for a State Stormwater permit. i This permit does not affect the legal obligation to obtain other permits which may be required by the Division of Energy, Mining, and Land Resources, or any other federal, state, or local authorities. If you have any questions concerning this permit, please contact Larry Wade PE at telephone number (919) 807-6375, or email at larry.wade@ncdner.gov: Sincerely, for Tracy E. Davis, P.E. cc: Washington Regional Office Central Files Stormwater Permitting Program Files STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCGO20000 CERTIFICATE OF COVERAGE No. NCG020857 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, First South Bank is hereby authorized to discharge stormwater and mine dewatering wastewater from a facility located at Cahoon Mine 18788 US 64 East Lake Dare County to receiving waters designated as Alligator River, a class SC;Sw water in the Pasquotank River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, 111, 1V, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective April 23, 2014. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day April 23, 2014. for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission NCG020857 Map Scale 1:24, 000 First South Bank Cahoon Mine Latitude: 350 53' 08" N Longitude: -750 57' 05" W County: Dare Receiving Stream: Alligator River Stream Class: SC;Sw Sub -basin: 03-01-51 (Pasquotank River Basin) Facility Location 01% WILLIAMS %Igf t o%bk1nuicneal & GCOI(�'ieol Sc, n. ices i-ii, December 19, 2013 Stormwater and General Permits Unit NCDENR Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699 RE: Cahoon Mine Mine Permit No. 28-15 Dare County Stormwater and General Permits Unit, Voice I Fax (800) 240-8550 P.O. Box 190 Bath. NC 27808 www.WilliantsEGS.coni Enclosed are two copies of an application to dewater and discharge at the Cahoon Mine in Dare County. This is an existing mine site and is operating under mining permit No. 28-15. The mine operator is proposing to dewater the pit areas from time to time and discharge no more than 150,000 gallons of water on any given day. The discharge will be on site at the center back of the site as indicated on the enclosed Mine Maps. It is my belief that no impact will occur to any wetlands, surface waters or groundwater by the dewatering activities. 1f you have any questions, please feel free to give me a call. Sincerely Floyd R. Williams PG, CPESC, CPG Enclosures: Two Copies of Application and Maps First South Bank Check No. 20025056 for $100.00 CC: Mr. Steve Gruninger — First South Bank Wade, Larry I From: Edgerton, Thom Sent: Tuesday, April 22, 2014 10:04 AM To: Bennett, Bradley; Floyd@williamseg.com; Wade, Larry Cc: Mcclain, Pat; Novak, Gary; Wehner, Judy; Tankard, Robert; Scarbraugh, Anthony Subject: FW: 0 & M plan for the Cahoon Mine in Dare County Attachments: Cahoon Mine 0 & M Plan.docx; 28-15 DWR Review Sheet.pdf Hello, Please accept this message which included 0&M approval (See below and the attached), as well as to provide the WaRO DEMLR recommendation for permit issuance of NCG020857. Let me know if you need additional information. Thanks, Thom Thom Edgerton, Environmental Engineer North Carolina Department of Environment and Natural Resources (NCDENR) Division of Energy, Mineral, and Land Resources (DEMLR) Land Quality Section (LQ) Washington Regional Office (WaRO) 943 Washington Square Mall Washington, NC 27889 (252) 948-3963 Phone (252) 975-3716 Fax 1. E-mail correspondence may be subject to the North Carolina Public Records Law and may be disclosed to third parties. �4 From: Tankard, Robert Sent�Monday, April 21, 2014 2:32 PM To: McClain, Pat; Wehner, Judy; Bennett, Bradley; Novak, Gary; Edgerton, Thom Cc: Scarbraugh, Anthony; Scheller, Roberto Subject: FW: 0 & M plan for the Cahoon Mine in Dare County Judy and Bradley, here are DWR's comments for the Cahoon Mine. Thanks! Robert Robert Tankard Assistant Regional Supervisor Division of Water Resources Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 Phone:252-948-3921 Fax:252-975-3716 E-mail: robert.tankord@ncdenr.gov http://www.ncwater.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Scarbraugh, Anthony Sent: Monday, April 21, 2014 2:04 PM To: Tankard, Robert Subject: FW: 0 & M plan for the Cahoon Mine in Dare County O& M Review for Cahoon mine Anthony Scarbraugh Environmental Senior Specialist Washington Regional Office North Carolina Department of Environment and Natural Resources Division of Water Resources — Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 (252)948-3924 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 statue or other regulation. From: Floyd Williams[mailto:floydwilliamsl(agmail.com] Sent: Monday, April 14, 2014 10:31 AM To: Scarbraugh, Anthony Subject: O & M plan for the Cahoon Mine in Dare County Anthony, Attached is the O & M plan for the Cahoon Mine in Dare County. Please look it over and let me know if it is OK. I will be in Washington later this afternoon and plan to visit the DENR Office. If you are around and have time to discuss this that would be great. Thanks. Floyd Wade, Larry ' , From: Mcclain, Pat Sent: Friday, March 14, 2014 2:37 PM To: Wade, Larry Cc: Edgerton, Thom; Scarbraugh, Anthony; Novak, Gary; Wehner, Judy Subject: FW: NCG020857 Cahoon Mine Attachments: NCG020857 NOI.pdf Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category Larry, In reviewing the comments from DWR on this site, they have indicated concerns about dewatering due to the proximity of wetlands near the mine. However, DWR has no objections to the issuance of the permit provided there is no pumping until there is a preliminary jurisdiction delineation and an acceptable 0 & M plan for the protection of any surrounding waters of the State plan be submitted Patrick McClain, PE Land Quality Regional Engineer — Washington Region NC Dept. of Environment and Natural Resources 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481, Fax: (252) 975-3716 ......................................•................... ••............................... E-mail corresondance to and from this address may be subject to the North Carolina Public Records Laws and may be disclosed to third parties. From: Novak, Gary Sent: Friday, March 14, 2014 12:51 PM To: Mcclain, Pat Subject: FW: NCG020857 Cahoon Mine FYI Environmental Senior Specialist NCDENR, DEMLR, LOS 943 Washington Square Mall Washington, NC 27889 252-946-6481 ext 3860, fax. 252-975-3716 gary.novak(dncdenr.gov hnp://.ncdenr.org/web/Ir/land-guality From: Wade, Larry Sent: Friday, March 14, 2014 12:41 PM To: Novak, Gary Subject: FW: NCG020857 Cahoon Mine Wade, Larry From: Novak, Gary Sent: Thursday, March 13, 2014 2:08 PM To: Wade, Larry Cc: Mcclain, Pat; Scarbraugh, Anthony Subject: FW: 28-15 Attachments: 28-15 DWR Review Sheet.doc Mr. Wade, Please find attached DWR comment sheet provided to me from Mr. Scarbraugh on March 7, 2014. It is the same doc sent to Mr. Floyd Williams per his request yesterday. Please feel free to contact me if you have any questions, �&7 A Ne�d Environmental Senior Specialist NCDENR, DEMLR, LQS 943 Washington Square Mall Washington, NC 27889 252-946-6481 ext 3860, fax. 252-975-3716 gary.novak(a)ncdenr.gov hftp://.ncdenr.org/web/Ir/land-guality From: Scarbraugh, Anthony Sent: Friday, March 07, 2014 2:39 PM To: Novak, Gary Cc: Wehner, Judy Subject: 28-15 Anthony Scarbraugh Environmental Senior Specialist Washington Regional Office North Carolina Department of Environment and Natural Resources Division of Water Resources — Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 (252)948-3924 ############################################################################ 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 statue or other regulation. Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEAR RO, DWR SPU. Send a copy to the permittee. MINING PERMIT APPLICATION REVIEW FORM forthe DIVISION OF WATER RESOURCES Project Name: First South Bank bEMLR Permit# 28-15 County: Dare Applicant's Email: Floyd@williamseg.com PERMIT ACTION TYPE: YES NO Date Commencing Is this mine a new mine? r- R, 1994 Have land disturbing activities started? Date? 5-0 r 1994 Latitude: 35.8838 Longitude: -75.9522 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: Unknown SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Yes Comments: Wetland Standards due to the possible dewatering of the adjacent wetlands throug7h 7dewatering activities. Watershed/Stream Name & Classification: UT to Scuppernong River: C:SW DWR Compliance Status of Mine: OK Does this mine (or previous owner) have DWR back fees to pay? N/A If yes, amount: Is this mine an active permit in BIMS? YES NO "a 401 Wetland Cert. existing? F-' Permit # ry iatldn'462' `,g w - .. ..... rw %�w YESry NO Aw, ;S. .M 4, Does DWR RO suspect or know of nearby On Parcel 6, 7 and 8 wetlands to the site? - -- 1-1-1- �— Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEAR RO, DWR SPU. Send a copy to the permittee. 4 ON set :ey f4dn"!^ yd R4 et ft ., it u«,.,: `+"',• i na...,xy�`'w1�rrx3 delineation 5'o6 Consultant...:. Etc 4"etland regwred prior to��,�f Cs i"'3.J *3vJt riw,ry`,aL A- .al h' 1 t, I� DWR issuing the 3 r i�' Onsde?it: fc ������ �.' W"'i+ 1� t ski A iiti of t permitTr b +r� iGk°:.w_. ,: % M,. ir1 Offsite?IMaiiinty these:' ti,l.✓.iC^`?' $f_,uR „w. ,'. .wit wfrl dE 'iT.` �'r..�73 "'dt% t� ,'"'• ': } emcir''.. 4;u ��311 .,a fir... oYtts1t.�.. JDBrcblss at lrnappedChVdnC :Q;'.; " it �� ,Ti �`��.��" e,,S�,SKtl �+4zS]a,.w.. 'a�At�s u�k`•!,r .;,,. n''`��,i i$OII.` .. �tt^n�.Y...�,x rz:.. .?:: �.. .s."�. :.i:.,.l ate' f Stream Determination Needed? rl r ,'d�` •-� { �'P 9'. / J 'a 4 i x 44.. yyStreedTrr am Determmation,Complt e �9./n'It',�ymv.F, vG sNtJ 4S:S l+> X}�' tt t . e 4 3kHf} 2 t l.S: awn.,,,.lAiFr:.xr�„X�.-,Sr.:SL%R9 -�A ._t r.d".-r,. .'La t' LS ;<i'�'• "'lr, h.. 3 T b 9-1'Due to the wetlands Does DWR RO need a statement that no present on the adjacent wetlands/streams are disturbed properties a statement from r the applicant will be for this project from applicant? re nested. 4 np,�¢„•.sr:rF. mTr-3�iifiv.+e ✓H wl s Determinatin3 oNeeded7 +�h� e } ar} ;Buffer nsh".. .. 't Fs.Vr,l�u> 4F n.eS .-�u.i/.. ,iF,e.�'SY. "t ♦L hiv d.le �ht� �,•Qdl'��:.1 Buffer Determination Completed? FI r r'. �'Mwwy'".,..'t.'L"Y6: S=.t.,tt x•'^ :a, —'^Ma' � . .,,.T� u3'�' �� Fk. r i 9 t" 'F 4 'l TH • T %h .: New Recycle System permit required?* r (— Enoughinformation to tenr-mr...'_in,neec? `(1e'u"~@firide '`:".: I'! TVwF iod.scharge,perm.nexistin:- ::•.Y"¢1:iC:'< �`^•� IK , ..14 iPur rNon ,�ovzsncx" ...m ...., n.;.m.T:.sa:ar>" .�.....,..:.�n.lnv .. a ...... ........ ...v, ,.�.•.n r... M.cre..Ya�"n:rc. Does this applicant need to contact the regional of Central DWR Office to r r determine if a State Stormwater Permit is needed? r Unknown. Will wastewaters discharge to HQW waters r r ,7Q10 Permittee with a 7Q10=0? ** Flow: must determine. A }i tY Z4 Has Violation / � h r .s O&M Re 3 w . gt, uirements u".gq ra+•3YS?vY, 5.`._B7"" ;ktw1 y , r t- 4 X:t r'i � Kw ter. jySC , �4 �,�9.]KY. � ', �5'. tiT�IrY' "`I FYI r f r * h l �f F 3 Does,DWR,requireDEML'Rtocholdthet �, , AHQ,W/7Q10Concerns, •i ilS,ii 'Sr Y" tY �}^11i44 fir' iPayJback fegoenew V w11, r . , ,A/ f" rQ" J 4IlV t !W, J H,19 , I: gun v , r..� m a a �E ., r z em( g so D�can fthe ,A * „q�k.r, .DWR ermit `p r revir becausrequire smoreinformationjT,ytti �, < Y # ; h�• tYq� rf4��l' 4'f Y�Y yJ �Aa' .a `^+�i i� % t � 3 �holdithe3permd 4� � 7 N,V 19 t , ok'fr _ xJ3 k'+i rw�Al4"+'�•f 'M l?'h, ;irl l P ill Y/i AffrFlV` ^r' lAA w Mine must wait to dewater until an O&M plan is r F approved? permit. **To obtain 7Q10 Flows, permittees must contact the DWR Stormwater Permitting Unit. If DWR 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 fortidelly influenced waterbodies. Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. "' 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 DEMLR to hold the permit until further notice indicate that in the Question below. Reviewed by: DWR RO Surface Water: Anthony Scarbraugh Regional Office: Washington Date: 03/07/2014 RO Aquifer Protection Section Regional Office: Date: Novak, Gary From: Novak, Gary Sent: Wednesday, February 19, 2014 2:09 PM To: Wehner, Judy Qudy.wehner@ncdenr.gov) Cc: Mcclain, Pat Subject: FW: Cahoon Mine - Mining Permit No. 28-15 Judy, Do you know anything about a recent permit mod for the Cahoon mine 28-15 that Floyd is working on? I have not seen any of the paper work for any application. Environmental Senior Specialist NCDENR, DEMLR, LQS 943 Washington Square Mall Washington, NC 27889 252-946-6481 ext 3860, fax. 252-975-3716 gary.novakL ncdenr.gov http://. ncdenr.org/web/Ir/land-quality From: Scarbraugh, Anthony Sent: Wednesday, February 19, 2014 2:04 PM To: Novak, Gary Cc: May, David Subject: Cahoon Mine - Mining Permit No. 28-15 Gary, After a review of the available information, the Division of Water Resources has determined that additional information will be needed to complete our review. If you have any questions or concerns, please feel free to contact me. Thanks, Anthony Scarbraugh Anthony Scarbraugh 0Ls��'���� Environmental Senior Specialist Washington Regional Office FEB a 1 2014 North Carolina Department of Environment and Natural Resources Division of Water Resources — Water Quality Regional Operations Section 0 NR - WA 943 Washington Square Mall w, d aq'r8 q Washington, NC 27889 (252)948-3924 **************************************************************************** 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 statue or other regulation. **************************************************************************** Scarbraugh, Anthony From: Scarbraugh, Anthony Sent: Wednesday, February 19, 2014 2:04 PM To: Novak, Gary Cc: May, David Subject: Cahoon Mine - Mining Permit No: 28-15 Gary, After a review of the available information, the Division of Water Resources has determined that additional information will be needed to complete our review. If you have any questions or concerns, please feel free to contact me. Thanks, Anthony Scarbraugh Anthony Scarbraugh Environmental Senior Specialist Washington. Regional Office North Carolina Department of Environment and Natural Resources Division of Water Resources — Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 (252)948-3924 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 statue or other regulation. 0 it FES 2 F 4-014 From: Wade, Larry Sent: Tuesday, February 11, 2014 8:21 AM To: Mcclain, Pat Subject: NCG020857 Cahoon Mine Hello Pat, Please review the attached N01 for the subject mine and let me know if the regional office has any concerns with issuing a permit. I am sending maps through inter office mail for your use. If a response is not received within 30 days, we will issue the permit contingent upon our review. If you need additional information, please let me know. Thanks, Larry W. Wade PE Telephone: (919) 807-6375 Fax: (919) 807-6494 Stormwater Permitting Program North Carolina Department of Environment & Natural Resources Division of Energy Mineral and Land Resources 1612 Mail Service Physical Address - 512 N. Salisbury St. Room 942S Raleigh, NC 27699-1612 Raleigh, NC 27604 is a government E-mail address**************************** *********E-mails sent and received from this address can be disclosed to third parties************ Ae�Division of Water Quality / Surface Water Protection a' NCDENRNational Pollutant Discharge Elimination System Np UwOuw. D[rArtrn O/ EMV1w0NnEM -. NYMl R[�DUwCES NCG020000 NOTICE OF INTENT FOR AGENCY USE ONLY Date Received Year Month Da CertificateofCovetage (i g 5 Check# I Amount a00a 100 PerMt Assiitned 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 NCG020000: • Point source discharges of stormwater and wastewater from in -stream sand mining operations (i.e., sand dredging or dipping operations). Please contact the NPDES Wastewater Point -Source Group for more information on coverage under this Please print or type all entries in this application form 1) Mailing address of owner/operator (official address to which all permit correspondence will be mailed): Legal Owner Name : First South Bank (Attach the most recent Annual Report to the NC Secretary of State showing the current legal name of the corporation or entity. . Alternatively this permit can be given to an individual or government authority. This name must be the same name as appears on the Division of Land Resources' Mining Permit.) Signee's Name (as signed for in permit signature at bottom): Steve Gruninger Address PO Box 2047 / 1311 Carolina Avenue City Washington State: North Carolina Telephone No. (252) 940-4926 Alternate Contact Name Alternate Contact Telephone (if different) ZIP Code: 27889 Email Email (if different) Page 1 of 8 SW U-NCG02-NOI Last revised 9/5/2012 NCG020000 N.O.I. 2) Location of facility producing discharge: Facility Name Cahoon Mine Facility Street Address: US HWY 64 Near East Lake Facility City State Facility County Facility Contact SAME Telephone No. Fax: Contact E-mail 3) Physical Location Information: ZIP Code 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): On north side of HWY 64 approximately 2 miles east of edge of Alligator River 4) Latitude N 35 53' 8" Longitude W 75 57' 5" (degrees, minutes, seconds) Permits: 5) This NPDES Permit Application applies to which of the following: ❑ New or Proposed Facility Date operation is to begin: X Existing Date began mining: 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: 1 4 4 2 7) Provide a narrative description of the types of minerals mined at this facility: SAND 8) Is this mine an inactive mine site? X No ❑ Yes If yes, do you posses an "Inactive Renewal" from DEMLR 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 Energy, Mineral and Land Resources (DEMLR) [formerly DLR]? ❑ No If No, please indicate the status of the Mining Permit application: X Yes If yes, please provide the Mining Permit number: 2828=15. Please also provide a copy of your DEMLR 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 DEMLR. 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: Page 2 of 8 SWU-NCG02-NOI Last revised 9/5/2012 NCG020000 N.O.I. 11) Are you applying for a mining permit in the same location as a previously permitted mine? X No ❑ Yes If yes, specify permit number and name if known: 12) 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: 13) 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? 14) Will this mining operation precede development activities at this site? X No ❑ Yes 15) 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 ❑ 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. 16) Is this mine located the Neuse, Tar -Pamlico, or Catawba River Basins, 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. If yes, please include information and plans showing diffuse flow through buffers as required. Discharge Points, Receiving Waters & Wetlands: 17) 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? Alligator River 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): Note: Discharge of industrial wastewater to receiving waters classified as WS-II to WS-V, or SA, must be approved by the Div. of Water Resources, or Div. of Marine Fisheries. If DWR or DMF 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 ORIN will not be approved under the NCG02 General Permit. 18) If your facility has wastewater discharges and they are to HWO and/or PNA waters (Primary Nursery Areas) waters, what is the proposed flow rate? (See http://www.ncdmf.net/maps/FNA maps/index.html, for map) Page 3 of 8 SWU-NCG02-NOI Last revised 9/5/2012 NCG020000 N.O.I. 19) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Onsife: 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: The discharge will be at the back center of mine permit boundary and will be discharged into wooded - 28 acre area within property boundary• 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: Wooded area on -site 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: 20) Will mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlands? ❑ No X 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. 21) If you are dewatering, are there wetlands or surface waters within 400' of the mine pit perimeter? ❑ No X Yes If yes, what distance are they from the mine pit perimeter? - 100 feet. 22) 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: Page 4 of 8 SW U NCG02-NOI Last revised 9/5/2012 NCG020000 N.O.I. 23) 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: 24) Does this facility employ any best management practices for stormwater control? ❑ No X Yes If yes, please briefly describe: Silt Fences, Gravel Construction Entrance, Berms, Internal Drainage. 25) Does this facility have a Stormwater Pollution Prevention Plan? X No ❑ Yes If yes, when was it implemented? 26) Will vehicle maintenance activities occur at this facility? X No ❑ Yes Wastewater Treatment Facilities: 27) Will mine dewatering discharges occur? WA ❑ No ❑ Yes 28) Will discharges of overflows from process wastewater treatment systems occur? N/A ❑ No ❑ Yes If yes, a. Does this facility employ chemical additives to flocculate suspended solids? X 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 polyacrylamide (PAMS) products for use in North Carolina: http://portal.ncdenr.org/web/wq/ws/su/npdessw b. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ❑ No ❑ Yes 29) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? X No ❑ Yes 30) Is your facility washing mined materials? X No ❑ Yes If Yes, are you discharging this water? Page 5 of 8 SWU-NCG02-NOI Last revised 9/5/2012 NCG020000 N.0.1. Other: 31) 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: How is material stored: _ Where is material stored: How many disposal shipments per year: Name of transport / disposal vendor: — Vendor address: 32) Is your facility providing appropriate secondary containment for bulk storage of liquid materials? See permit text for secondary containment requirements. N/A ❑ No ❑ Yes 33) Does your site have an active landfill within the mining permit boundary? X No ❑ Yes If yes, specify type: ❑ LCID ❑ 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. V Fee of $100 made payable to NCDENR. Completed application and all supporting documents. _v Copy of the valid approved mining permit (MP) for the facility or indication of MP application status. _s,/ 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 (minimum 24" x 36") site plan with topographical lines with all outfalls, applicable buffers and wetlands clearly delineated, and 100-year flood plain line if applicable. A copy of your DEMLR mining permit. A copy of your US Army Corps -approved wetland delineation if you marked "yes" to question 23 above. A line drawing of the water flow through the facility. A pictorial description of the nature and amount of any sources of water and any collection and treatment measures. If mine site is in one of the 20 Coastal Counties: • Applicant has checked with the appropriate regional office to verify the needfora Coastal State Stormwater permit. Regional Office Contact: 6J. rt N t } t t-g4i; �gbt Page 6 of 8 SW U-NCG02-NOI Last revised 9/5/2012 NCG020000 N.0.1. • Applicant has included a detailed list of impervious surface areas and percentages, sub -drainage areas and total drainage area. 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 C&M plan priorto NCG02 issuance. 2 copies of detailed Full Size Plans (at least 24" x 36") delineating areas on the plans and listing acrea a (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 (it state sw programs apply), applicable buffers, and access and/or haul roads). _Pump dewatering size and information on its specifications. _Well information (design, depths, maintenance). _Physical monitoring for the wetlands areas. _Settling pond sizing information, if applicable. _Level spreader design, if applicable. _Details about dewatering method. _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: Date contacted: -OR- i/ I will not any impact nearby wetlands, surface waters or groundwater by dewatering. 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). 33) Signatory Requirements (per 40 CFR 122.22) All applications, reports, or information submitted to the Director shall be signed and certified. a. All notices of intent to be covered under this General Permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this permit, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. 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. Page 7 of 8 SWU-NCG02-NOI Last revised 9/5/2012 NCG020000 N.O.I. 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. 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: —;Vy'- i L'%Z✓n//n/C _ Title: Notice of Intent must be ac Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 //` i3 -/,3 (Date Signed) by a check or money order for $100.00 made payable to NCDENR. Note The submission of this document does not guarantee the issuance of an NPDES permit. For questions, please contact the DWO 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 8 of 8 SW U-NCG02-NOI Last revised 9/5/2012 First South Bank OFFICIAL CHECK CUSTOMER COPY 20025056 Date 11/13/13 Pay to the �Q Order ofNCDENR Amount lu' *********100.00 EXACTLY **100 AND 00/100 DOLLARS Remitter FIRST SOUTH BANK Employee: B08HOLLIDL DISCHARGE PERMIT APPLICATION CkAmt $100.00 Memo Fee Atnt: $ . o a Total: $100.00 NON-NEGOTIABLE 1� u \CDE R North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Pat McCrory, Governor Director John E. Skvarla, III, Secretary June 25, 2013 Mr. Steve Gruninger First South Bank PO Box 2047 Washington, North Carolina 27889 RE: Mining Permit No. 28-15 Cahoon Mine Dare County Pasquotank River Basin Dear Mr. Gruninger: Your application for renewal and modification of the above referenced mining permit has been approved. The modification is to increase the permitted acreage to 12.87 acres and the affected acreage at this site to 9.91 acres as indicated on the mine map dated May 24; 2013. This modification includes allowing the construction of a small turn around road near Highway 64 and allowing dewatering activities at times from pit to pit without discharging. A copy of the renewed and modified permit is enclosed. The new expiration date is June 25, 2023. The conditions in the renewed and modified permit were based primarily upon the initial application. Modifications were made as indicated by the renewal and modification requests and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or -changes were made: Operating Condition Nos. 4C, 4D and 13 and Reclamation Condition No. 3. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 12.87 acres and the amount of land you are allowed to disturb is 9.91 acres. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-707.9220 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: httR://portal ncdenr org/web/Ir/land-guality An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Mr. Gruninger Page Two Please review the renewed and modified permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. Sincerely, (- J - i141. anet 8. Boyer, PP State Mining Specialist .and Quality Section J JSB/jw Enclosures cc: Mr. Pat McClain, PE Ms. Shannon Deaton-WRC, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL. AND LAND RESOURCES LAND QUALITY SECTION for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, 'The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: First South Bank Cahoon Mine Dare County - Permit No. 28-15 for the operation of a Sand Mine which shall provide.that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: June 25 2023 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 12, 2005: This permit, issued to Scott L. Cahoon, has been transferred in its entirety to Fresh Pond Partners, LLC. March 23, 2006: This permit, issued to Fresh Pond Partners, LLC, has been transferred in its entirety to Twiford, LLC. February 7, 2011: This permit has been transferred in its entirety from Twiford LLC to First South Bank. Page 3, June 25, 2013: This permit has been modified to increase the permitted acreage to 12.87 acres and the affected acreage at this site to 9.91 acres. This modification includes allowing the construction of a small turn around road near Highway 64 and allowing dewatering activities at times from pit to pit without discharging. Expiration Date This permit shall be effective from the date of its issuance until January 12, 2015. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 25 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. 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. Page 4 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in, proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. Mining activities shall be conducted as indicated on the mine map dated May 24, 2013 and the supplemental information received by the Land Quality Section on January 16, 2013, March 26, 2013 and May 28, 2013 with the stipulation that the side slopes for the Cell Berms be constructed as three horizontal to one vertical or flatter. D. No off -site mine dewatering discharge shall occur at this site. All mining permit boundaries (9.91 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 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. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum of 25 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. Page 5 B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, 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 $7,900.00 cash bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. 1 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 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. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 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. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 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. B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan approved by Mr. Floyd R. Williams, PG, CPG of Williams Environmental & Geological Services, PLLC on January 10, 2013. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. , This permit, issued to Scott L. Cahoon September 13, 1994, transferred to Fresh Pond Partners, LLC, renewed January 12, 2005 , and transferred to Twiford LLC March 23, 2006 and to First State Bank February 7, 2011, is hereby simultaneously renewed and modified this 25th day of June, 2013 pursuant to G.S. 74-52. r i � � I Tracy E. Davis, Director Division of �nergy, Mineral and Land Resources !By Authority of the Secretary Of the Department of Environment and Natural Resources r Y R R _ _. __ W^IVcrrnn: ([ e{ lI o q /n�rrcwnel IYv�.'mm' q e ` -- I I �.,m�mNr,ImAmNm ': I N Y D t Y w:..en.u•.rnn.•n. m.w : li < D \ riT Irv.r h.i A .�tla12LZC OC'gn 9 l..l:rs lure C ncce{Arm; �� AC6emarfe Marmn Harbor fT \ Sound \ w \ \ M N v Croata Sound �t all O / .� Pap. 999 Insel uutanw V LEOENID .a Be0®•+� ...wnun. 1 .. �� OB O DARE COUNTY NORTH CAROLIINA IRTH CAROLINA DEPARTM[NT OF TRANSPORTATION nAreRwow+urrnw.ucR unm M.vpwcscrnon V. 5. O V ARTM FM OF TMn'$N0.TAl10n FMLHGHWAY AGMINISiR MN_ 2014 ` IIIIIIIIIIIII��ijI11111I', / o Qom. a✓�� c- / C O—V N\ y N2 euc wrcrG/vue �\ ruEXa Man'nHarbor AC6emarCe _... \ Sound a\ ..... \ unY✓1 •\ C t P \L \ t Y •\ c Lt o o N c LEGEND / ., roatan Sound -- -- -- o -- A pwj— IN 11401 /� C r rA 51, s: OT ` DARE COUNTY NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF TRANSPORTAT ON STnTE POnD M.LL4IF '^ANR VMA I^-NAPpLVG SECr101.' _ E iMFMOE ADMIN a,Gl N FEDENAL HIGHWAY��01MINLSIRAIIQV I I I I I I I I I I I I I I BOt MARKET I25' UNDI,' I VE I LII I SILT FI ASI TOE C L - I I L� 1 UNDISTURBED 50 BUFFER ', = TO COLUMBIA `---- TDIRT PATH FOR TRUCK TURN AROUND f T I 15" Culvert I I I l PROPOSED AREA FOR STOCKPILE OF MATERIAL 25' UNDISTURBED VEGETATIVE WOODED -- --- _ BUFFER _US HWY 64 -� TO MANNS HARBOR — CONSTRUCTION I ENTRANCE PAD O O O 2' MIN WIDTH 1:1-1 TO 1:V 0_ \_ SLOPE _ 1 14' CELL BERM CROSS SECTION NOT TO SCALE 'T.O. LAND T.O. WATER LINE ' 2:1-1 TO 1:V SLOPE FROM L 3:1-1 TO 1:V WATER LINE TO M SLOPE TO BOTTOM OF PIT (TYP.) WATER LINE (TYP.) TYPICAL MINE CROSS SECTION NOT TO SCALE ' TEMPORARY 6' HIGH BERM PUMP ' EXCAVATED PIT DISCHARGE ACTIVE PIT TO BE RECEIVING WATER PIPE DEWATERED ' NOTE: BERMS ARE TEMPORARY AND WILL MOVE FROM PLACE TO PLACE IN THE MINE AREA 0 ' WATER LEVEL WILL BE HELD TO 1/2 HEIGHT OF TEMPORARY BERMS TYPICAL PIT DEWATERING ACTIVITIES ' NOT TO SCALE ' SILT FENCE INSTALLATION DETAIL Construction Entrance Pad DESIGN AGGREGATE SIZE - USE 2-3 INCH WASHED STONE. CONSTRUCTION 1. CLEAR THE ENTRANCE AND EXIT AREA OF ALL CRITERIA: SPECIFICATIONS VEGETATION, ROOTS, AND OTHER OBJECTIONABLE DIMENSIONS OF GRAVEL PAD -- MATERIAL AND PROPERLY GRADE IT. THICKNESS' 6 INCHES MINIMUM C i x x �fJ Y 'C$Wn M r. O +- *� O d SEQUENCE OF MINING AND RECLAMATION Cell 1 will be excavated first. A berm will be placed around proposed Cell 2. This area will receive water pumped from Cell 1 up to 1/2 height of dike. During excavation of Cell 1 a berm will be constructed around it with an opening left for access. Once mining is completed in Cell 1, the opening will be closed off and area will be utilized for water pumped for Cell area 2. This process will continue until mining has been completed in each cell. Areas left between cells will be excavated down. Berm will be utilized for products to sell as they are no longer needed. Reclamation will consist of sloping lake side slopes to 3H to IV to water line and H to V from water line to Cell bottom. All areas outside lake area will be properly graded and provided with a vegetative ground cover. ADJAC PIN I D.B. 260, PG. 6B 2 D.B. 291, PG. 262 3 D.B. 290, PG. 615 4 D.B. 290, PG. 621 5 D.B. 302, PG. 668 6 D.B. 243, PG. 381 7 D.B. 243, PG. 616 D.B. 290, PG. 613 8 P.C. C, SL. 158-C CATEGORY AFFECTED ACREAGE TAILINGS/ SEDIMENT PONDS 0.00 STOCKPILES 0.94 WASTEPILES 0.00 PROCESSING AREA/ HAUL ROADS 0.23 MINE EXCAVATION 8.74 TOTAL AFFECTED ACREAGE 9.91 LEGEND PROPERTY/ PERMIT BOUNDARY -0 o MINE EXCAVATION LIMIT MINE PERMIT BOUNDARY - NORTH SIDE — PROPERTY BOUNDARY — — ADJACENT PROPERTY --- ----- --- EXISTING TEMPORARY BERM WETLANDS UNDISTURBED VEGETATIVE WOODED BUFFER EXISTING STRUCTURE CELL BERM WODS WIDTH: 12-FT MINIMUM OR FULL WIDTH AT ALL 2. PLACE THE GRAVEL TO THE SPECIFIC GRADE AND POINTS OF THE VEHICULAR DIMENSIONS SHOWN ON THE PLANS, AND SMOOTH IT. ENTRANCE AND EXIT AREA, WHICHEVER IS GREATER 3. PROVIDE DRAINAGE TO CARRY WATER TO A SEDIMENT LENGTH: 50-FT MINIMUM TRAP OR OTHER SUITABLE OUTLET. LOCATION - LOCATE CONSTRUCTION ENTRANCES AND EXITS 4. USE GEOTESTILE FABRICS BECAUSE THEY IMPROVE TO LIMIT SEDIMENT FROM LEAVING THE SITE AND TO STABILITY OF THE FOUNDATION IN LOCATIONS SUBJECT TO PROVIDE FOR MAXIMUM UTILITY BY ALL CONSTRUCTION SEEPAGE OR HIGH WATER TABLE. VEHICLES ( FIGURE 6.06A) . AVOID STEEP GRADES AND CwITO/. wl/�CC /\T /I10\/f•C ,w, ni,o, ,r` n�nnn FIRST SOUTH BANK APPLICATION FOR MINING PERMIT RENEWAL AND MODIFICATION CAHOON MINE - MINING PERMIT NO.28-15 DARE COUNTY MAINTENANCE: MAINTAIN THE GRAVEL PAD IN A CONDITION TO PREVENT MUD OR SEDIMENT FROM LEAVING THE CONSTRUCTION DRAWN BY: LESLIE, .SC.`HNEIDER SITE. THIS MAY REQUIRE PERIODIC TOP DRESSING WITH (AS DIRECTED BY FLOYD WILLIAMS, PG, CPESC) 2-INCH STONE. AFTER EACH RAINFALL, INSPECT ANY STRUCTURE USED TO TRAP SEDIMENT AND CLEAN DATE MAP COMPLETED: NOVEMBER 25 2013 WILLIAMS WASHED, OR TRACKED ONTO PUBLIC ROADWAYS. � SCALE: 1"=100' (UNLESS OTHERWISE NOTED) Environmental & Geological Services, PLLC REVISIONS: P.O. Box 190 1 Bath NC 27808 ((800 )240-8550 MAY 24, 2013, APRIL 7, 2013 MARCH 23, 2013, FEBRUARY, DECEMBER 28, 2012 SHEET: 1 OF 1 77 4 O _ W W W .L L W W .L .L W W .✓ Ji W W W W VW W W W W W J. W JW W W W ✓ W J' `L J. W W W W W I W J. W W W W J. J/ W .L W J. JW .V ✓ .L W W W W 'L W W W .L W W W W .V W W L W W W W W J. W J, W W W J. W .✓ W W W W J� W W W W J, W W W W .4 L W W W W .✓ W W JW i W W J. W W W .✓ W W W W w W w W w W m W W w W W W W W w m w W w W w W W w w IW W W W w .L W w W W .✓ W W W W � W W W W V W G w .L- W� I .L J. ✓ J. W J. W W W J. W J. J. W W .L .L W W J- ✓ J. W W W W W W W W PARCEL A W W W W W W W PARCEL B W W W 1 W W W W (17.16 ACRES) W W W w W W W W W W ( 17.32 ACRES) W W W W W 1 W W W W ✓ W W W W W W J. W W I W W W W W W �L W. W JW V I `V W W W W W 'L W W W .L W W W IWII W W W W W W W W W W W W W I W W W W 4' ✓ W W W W W W W W W V^ W J. W W W W W W J. .L W W W W ✓ W W .L W W J/ W f,1,1f✓✓ W W J. W J' W W W W W W .✓ W W W w 'Y w W W W W W W W W W W W W W W W W W W W I IW J- W W W W W W W W W J- W J' W W W W ✓ W W W W J' W WI Ili W J. W W •L W W W W W JW W W W W W J. J' W W W .✓ .L WL W W v. W W W WL W W J. W W W W V W W W W WL W W .y I O J. W W W W W W W W W W W W W W W W W W Vi W W 2= CD T.O. LAND 2:1-1 TO 1:V SLOPE FROM ;n WATER LINE TO BOTTOM OF PIT (TYP.) L 3:H TO 1:V SLOPE TO N I WATER LINE (TYP.) TYPICAL MINE CROSS SECTION NOT TO S-CA-L1, Construction Entrance Pad DESIGN AGGREGATE SIZE - USE 2-3 INCH WASHED STONE. CRITERIA: DIMENSIONW ( W W W W GRAVEL PAD -- THICKNESS: OF 6NCHES MINIMUM WIDTH: 12-FT MINIMUM OR FULL WIDTH AT ALL POINTS OF THE W I VEHICULAR ENTRANCE AND EXIT AREA, WHICHEVER IS GREATER LENGTH: 50-FT MINIMUM I I LOCATION - LOCATE CONSTRUCTION ENTRANCES AND EXITS TO LIMIT SEDIMENT FROM LEAVING THE SITE AND TO PROVIDE FOR MAXIMUM UTILITY BY ALL CONSTRUCTION VEHICLES ( FIGURE 6.06A) . AVOID STEEP GRADES AND MINE EXCAV TION AREA I 25' UNDISTURBED WOODED I I VEGETATIVE BUFFER I I LIMITS OF DISTURBANCE I ✓CO � !—ca'ta i r UNDISTURBED W BUFFER w W -- TO COLUMBIA--- --- TDIRT PATH FOR I TRUCK TURN AROUND I O I I I Access Road 50' Silt Fence 15" Culvert I PROPOSED AREA FOR STOCKPILE OF MATERIAL \ /. — — — — — — — — _US HWY 64 -� TO MANNS HARE( CONSTRUCTION I ENTRANCE PAD I I 0 I I CONSTRUCTION 1. CLEAR THE ENTRANCE AND EXIT AREA OF ALL VEGETATION, ROOTS, AND SPECIFICATIONS OTHER OBJECTIONABLE MATERIAL AND PROPERLY GRADE IT. 2. PLACE THE GRAVEL TO THE SPECIFIC GRADE AND DIMENSIONS SHOWN ON THE PLANS, AND SMOOTH IT. I 3. PROVIDE DRAINAGE TO CARRY WATER TO A SEDIMENT TRAP OR OTHER SUITABLE OUTLET. 4. USE GEOTESTILE FABRICS BECAUSE THEY IMPROVE STABILITY OF THE I FOUNDATION IN LOCATIONS SUBJECT TO SEEPAGE OR HIGH WATER TABLE. MAINTENANCE: MAINTAIN THE GRAVEL PAD IN A CONDITION TO PREVENT MUD OR SEDIMENT FROM LEAVING THE CONSTRUCTION SITE. THIS MAY REQUIRE PERIODIC TOP 25' VEGETATIVE BUFFER DRESSING WITH 2-INCH STONE. AFTER EACH RAINFALL, INSPECT ANY STRUCTURE USED TO TRAP SEDIMENT AND CLEAN WASHED, OR TRACKED ONTO PUBLIC ROADWAYS. 11 ADJACENT PWOMMTKEN PTNT In«7A7Tp 1 D.B. 260, PG. 619 N/F ROGER CAHOON 2 D B. 291, PG. 262 N/F MAID BIATTEN 3 D.B. 290, PG. 615 N/F JOSEPIi TE Y 4 D.B. 290, PG. 621 N/F FOWL lYI, CAHOON 5 D.B. 302, PG. 668 N/F IRVIN It Alylft- E 6 D.B. 243, PG. 381 N/F DE-LIDET AROSE ET 1JX 7 D.B. 243, PG. 616 D.B. 290, PG. 613 N/F NORMAN CAHOON 8 P.C. C, SL. 158-C N/F UNITED STATES DEPARTMENT OF INTERIOR ALLIGATOR RIVER NATIONAL WILDLIFE REFUGI ' CATEGORY A ' ' Ea%v. Ak"AGE TAILINGS/ SEDIMENT PONDS Q.00 STOCKPILES Q:94 WASTEPILES Q.04 PROCESSING AREA/ HAUL ROADS 0.23 MINE EXCAVATION 4.14 TOTAL PERMIT AREA: 1M ACRES LEGEND PROPERTY/ PERMIT BOUNDARY o MINE EXCAVATION LIMIT MINE PERMIT BOUNDARY - NORTH SIDE '""' — PROPERTY BOUNDARY — — ADJACENT PROPERTY -------- --------- SILT FENCE - - - WETLANDS UNDISTURBED BUFFER EXISTING STRUCTURE FIRST SOUTH HANK APPLICATION FOR MINING PERMIT RENEWAL AND MODIFICATION CAHOON MINE - MINING PERMiIT NO.28-15 AN 2 3 2Q DARE COUNTY DRAWN BY: LESLIE SCHNEIDER ! c (AS DIRECTED BY FLOYD WILLIAMS, PG, CPESC DATE MAP COMPLETED: DECEMBER 28, 2012WILLIAMS SCALE: 1 "=100' (UNLESS OTHERWISE NOTED) Environmenntal&Geological Services, PLLC REVISIONS: P.O. Box 190 1 Bath NC 27808 1(800 )240-8550 SHEET: 1 OF L 'i It'�;Jt¢��tl,