HomeMy WebLinkAboutNCG020759_COMPLETE FILE - HISTORICAL_20100409STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
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DOC TYPE
Fl HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
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YYYYMMDD
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor I Director
April 9, 2010
Mr. T. Bennett Wall
Barnhill Contracting Co.
PO Box 1529
Tarboro, NC 27886
Subject: General Permit No. NCG020000
Varnum Pit
COC NCG020759
Brunswick County
Dear Mr. Wall:
Dee Freeman
Secretary
In accordance with your application for a discharge permit received on October 26, 2009,
we are forwarding herewith the subject certificate of coverage to discharge under the subject
state — NPDES general permit. This permit is issued pursuant to the requirements of North
Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina
and the US. Environmental Protection Agency dated October 15, 2007 (or as subsequently
amended).
The issuance of this COC for mine dewatering discharges is conditional upon
modification of the DLR Mining Permit No. 10-78 for this facility to allow mine dewatering
activities. The current DLR permit does not allow mine dewatering activities at this site
(see 4.C. under Operating Conditions of MP No. 1.0-78).
Please.take notice that this certificate of coverage is not transferable except after notice to
the Division of Water Quality. The Division of Water Quality may require modification or
revocation and reissuance of the certificate of coverage.
Please note that mine dewatering wastewater includes wet pit overflows caused solely
by direct rainfall and groundwater seepage for this type of mining operation. Any discharge of
this water -(and any stormwater commingled with it) is subject to the effluent limitations in this
permit.
This gencral.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.
Wetlands and stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location; 512 N. safisbury St Raleigh, North Carolina 27604
Phone: 91M07-63001 FAX: 919-807-6494 4 Customer Service: 1-877-623-6748
Internet www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Acton Employer
None
ahCarolirla
Mr. T. Bennett Wall
Barnhill Contracting Co.—NCG020759
Apri19, 2010
Page 2 of 2
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Water Quality or permits required by the Division of Land
Resources, Coastal Area Management Act or any other federal or local governmental permit that
may be required.
If you have any questions concerning this permit, please contact Robert Patterson at
telephone number (919) 807-6375.
Sincerely,
ORIGINAL SIGNED BY
for CoYM?4MIFlins
cc: Wilmington Regional Office, Linda Willis
Central Files
Stonnwater Pennitting Unit Liles
1
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020759
STORMWATER AND MINE DEWATERING DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Barnhill Contracting Co.
is hereby authorized to discharge stormwater and mine dewatering water from'a facility Iocated at
Varnum Pit
Royal Oak Road
Supply
Brunswick County
to receiving waters designated as a UT of Williams Branch, a class C; Sw, HQW water in the
Lumber River Basin, in accordance with the effluent limitations, monitoring requirements, and
other conditions set forth in Parts I, II, III, IV, V, and VI of General Permit No. NCG020000 as
attached.
This certificate of coverage shall become effective April 9, 2010.
r This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this 9"' day of April, 2010.
ORIGINAL. SIGNED BY
KEN PICKLE
for Coleen H. Sullins., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
NCG020759
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Barnhill Contracting Co.
Varnum Pit
Latitude: 781 19' 43" N
Longitude: 340 00' 52" W
County: Brunswick
Receiving Stream: UT of Williams Branch
Stream Class: C; Sw, HQW
Sub -basin: 03-07-59 (Lumber River Basin)
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Beverly Eaves PerdV8, Governor
Barnhill Contracting Co.
P.O. Box 1529
Tarboro, NC 27886
Dear Mr. Proctor,
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MCDENR
Depa:i`unrar� of E*7onrrerftaa..70
April 6, 2010
Subject: 0 & M Plan for
Varnum Mine No.
Brunswick County
knee F reernan, Secretary
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APR 0 8. 2010
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The Division of Water Quality received the Operations and Monitoring Plan for the Varnum Mine Pit No. 10-78 on March 01, 2010.
A review of the 0 & M was conducted and the following suggestions should be incorporated into the 0 & M Plan:
Install a shallow wetland monitoring well (no less than 7 feet deep) in the wetland on the east and west of the proposed pits.
Select a location within the wetlands in closest proximity to the pit area. 1-he monitoring wells will be monitored and
recorded on a frequency of no less than once per month. The data will be submitted to the Wilmington Regional Office oil a
quarterly basis. The wells shall be installed in accordance with the Well Construction Standards required by North Carolina
Administrative Code 'l-itle 15A Subchapter 2C Section .0100 (15A NCAC 02C.0108).
If any wetland impacts are needed, a 401 permit will be secured before any impacts occur. The latest correspondence and/or
plans received in this office for this mine pit do not involve any impacts to wetlands.
The undisturbed buffers will be adequately marked so that the heavy equipment operators know exactly where the
undisturbed buffer area exists. This will help ensure that the wetlands are also adequately protected from any land disturbing
activities.
Please update the 0 & M Plan to include recommendations (I through 3 above) and send a copy of the updated version to me at the
address identified on the letterhead. Based upon your verbal agreement during our phone conversation today to provide an O & M
Plan with the above modifications, The Wilmington Regional Office supports issuance of the NPDES General Permit NCG020759 for
Varntnn Mine Pit No. 10-78.
Should you have any questions concerning this correspondence, please do not hesitate to contact me at 910-796-7343.
Sincerely,
4WIL&011�-
Linda Willis
Env. Eng. I
Division of Water Quality
Surface Water Protection Section
CC: DWQ NCG020 Brunswick
DWQ CO NPDES Stormwater Pennitting Unit (Attn: Robert Patterson)
NorthCarolina
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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. T. Bennett Wall
Barnhill Contraeting Co.
PO Box 1529
Tarboro, NC 27886
Dear Mr. Wall:
Division of Water Quality
Coleen H. Sullins
Director
November 3, 2009
Subject: General Pern*No. NCG020000
Vamum Pit, NCG 020759
Brunswick County
Dee Freeman
Secretary
The Division of Water Quality's Stormwater Permitting Unit received a National Pollutant Discharge Elimination
System (NPDES) pennit application for Vamum Pit on October 26, 2009. The application included a copy of an
associated reining pennit and pending modification submitted to the Division of Land Resources (DLR). Please be aware
that the issuance of an NPDES pennit is contingent upon the issuance of an associated mining permit from DLR. Our
office will process your stormwater pennit application once the modification to the DLR rr11'1>ing permit has been issued for
your project to allow mine dewatering.
Please also be aware that since your project is located near wetlands, your NPDES pen-nitwillrequire dewatering
operations without wetland impacts. The specific requirements for mine dewatering at facilities near wetlands can be
found in the text of the general NPDES mining pennit numberNCG 020000 available on our website,
http://h2o.enr.state.nc.us/su/Forms Documents.htrn. See Section C, Part 1 of the permit on the page labeled, "Part III
Page 5 of 9". An approved Operation and Monitoring Plan is required forNPDES-permitted mining facilities.
Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. An O&M Plan for
your facility must be submitted to the Wilrrington Regional Office. We encourage you to contact Linda Willis at the
Wilmington Regional Office at (910) 796-7215 to address any wetland concems for your facility in order to ensure a
successful NPDES application review.
If you have any questions concerning the NPDES pennit approval process, please contact me at telephone number
(919) 807-6375.
Sincerely,
�
Robert D. Patterson, PE
Environmental Engineer
cc: Wilmington Regional Office, Linda Willis
Central Files
'SPU Files
1617 Mail Service Center, Ralegh, North Carolina 27699.1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
Otte
NmIhCarofina
An Equa$ Opponunkty 1 Affirmative Action Employer
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E.
Director and State Geologist
February 5, 2008
Mr. Wesley Brown
Barnhill Contracting Company
2311 North Main Street
Tarboro, North Carolina 27886
RE: Vamam Mine
Brunswick County
Lumber River Basin
Dear Mr. Brown:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
The application for a mining permit for the above referenced mine site has been found
to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As your company already
has a blanket bond sufficient to cover this application, I am enclosing the mining permit.
The conditions of Mining Permit No. 10-78 were based primarily upon information
supplied in the application with conditions added as necessary to insure compliance with The
Mining Act of 1971. This permit expires on February 5, 2017..G.S. 74-65 states that the
issuance of a mining permit does not supersede or otherwise affect or prevent the
enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or
county or by any agency or department of the State of North Carolina.
As a reminder, your permitted acreage at this site is 98 acres and the amount of land
you are approved to disturb is 25.6 acres.
Please review the permit and contact Ms. Judy Wehner, Assistant State Mining
Specialist, at (919) 733-4574 of any objection or questions concerning the terms of the permit.
Sin rely, J�
G✓
Floyd R. Williams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRWIjw
Enclosures: Permit No. 10-78
Notice of Issuance
CC.' Mr. Dan Sams, PE
Ms. Shannon Deaton -WRC, wlpermit
Mr. Bradley Bennett-DWQ, wlpermit
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
US Fish and Wildlife Service, wl permit
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574! FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity l Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
's
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Barnhill Contracting Company
Varnam Pit
Brunswick County - Permit No. 10-78
for the operation of a
Sand Mine
which shall provide that the usefulness, productivity and scenic values of
all lards and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: February 5, 2017
Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources, hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of
this permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Expiration Date
This permit shall be effective from the date of its issuance until February 5, 2017.
Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and
to the following conditions and limitations:
OPERATING CONDITIONS:
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
Page 3
B. Any stormwater runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact
the Division of Water Quality to secure any necessary stormwater permits or
other approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to
the permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area.
3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any
affected land and any adjoining waterway or wetland to prevent sedimentation of
that waterway or wetland from erosion of the affected land and to preserve the
integrity of the natural watercourse or wetland.
B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
4. A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
B. All drainage from the affected areas around the mine excavations shall be
diverted internal to said excavations or into the approved sediment and erosion
control measures.
C. No dewatering activities shall occuratthis site..
D. Mining activities shall occur as indicated on the mine map dated September 19,
2007 and the supplemental information received by the Land Quality Section on
September 26, 2007 and November 13, 2007, and January 18, 2008.
5. All affected area boundaries (25.6 acres) shall be permanently marked at the site on
100-foot intervals unless the line of sight allows for larger spacing intervals.
6. The angle for graded slopes and fills shall be no greater than the angle, which can be
retained by vegetative cover or other adequate erosion control measure, structure, or
device. In any event, exposed slopes or any excavated channels, the erosion of which
may cause off -site damage because of siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to restrain such erosion.
Page 4
7. The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
B. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9. Sufficient buffer (minimum 25 foot undisturbed except for the placement of any
necessary screening berms or tree planting) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
10. A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971
generated on -site and directly associated with the mining activity may be
disposed of in a designated refuse area. Ail other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvents or their storage containers
or any other material that may be considered hazardous shall be disposed of
within the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on -site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts
5. steel reinforced air hoses
6. drill steel
D. If mining refuse is to be permanently disposed within the mining permit
boundary, the following information must be provided to and approved by the
Division of Land Resources prior to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and,
Page 5�)
5. verification that a permanent vegetative groundcover will be established.
11. 'An Annual Reclamation Report shall be submitted on a form supplied by the
Department by February 1 of each year until reclamation is completed and approved.
12. The operator shall notify the Department in writing of the desire to delete, modify or
otherwise change any part of the mining, reclamation, or erosion/sediment control plan
contained in the approved application for a mining permit or any approved revision to it.
Approval to implement such changes must be obtained from the Department prior to
on -site implementation of the revisions.
13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a
$500,000.00 blanket bond, is sufficient to cover the operation as indicated in the
approved application. This security must remain in force for this permit to be valid. The
total affected land shall not exceed the bonded acreage.
14. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant
archaeological resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.
Page 6
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G.S. 74-53
The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
Provided further, and subject to the Reclamation schedule, the planned reclamation
shall be to restore the mine excavation to a lake area and to grade and revegetate the
adjacent disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.
Page 7
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. Wesley Brown of Barnhill Contracting Company on
July 18, 2007.
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post -project wildlife habitat at the site.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining.
Permit issued this 5th day of February, 2007.
times D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources
NOTICE OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed as an adjoining landowner
in the application for a mining permit filed by Barnhill Contracting Company to conduct mining
activities off SR 1345 (Royal Oaks Road) in Brunswick County. The mining permit (no. 10-78)
was issued on February 5, 2008.
North Carolina law allows persons aggrieved by the issuance of a mining permit to
contest the decision by filing a petition for a contested case in the Office of Administrative
Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA).
If you believe that you are an aggrieved party within the meaning of the APA, a petition
for a contested case must be filed in the Office of Administrative Hearings within sixty 60
days of the mailing of this notice to you.
If you file a contested case petition, it must be in writing and in the form prescribed by
N.C. General Statutes 15013-23. File the original petition and one copy with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.
Any questions about filing a petition may be directed to the Clerk of the Office of
Administrative Hearings by telephoning (919) 733-0926.
You must serve the Department of Environment and Natural Resources by mailing a
copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel,
Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC
27699-1601. A
This notice was mailed on
. Simons
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
Brenda Harris
Mining Program Secretary
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