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HomeMy WebLinkAboutNCG020911_Complete File - Historical_20161123Edgerton, Thom From: Edgerton, Thom Sent: Wednesday, November 23, 2016 11:20 AM To: Novak, Gary Subject: RE: 46-15 Moore Town Pit Hertford County Hello, I don't have major concerns regarding the permitting of the operation as it is proposed. However please understand, the NE corner of the excavation as is marked onsite, includes an existing roadside ditch which has historically served as a stormwater discharge from the area. This manmade connection should be either plugged so that all stormwater drains back into the pit, or measures are to be added to the discharge point to prevent sediment from leaving the disturbed area. Any discharges from the excavated area are Stormwater Discharge Outfalls (SDO's) and are to be monitored as required by the NPDES SW permit text (NCG020911 after permit issuance). Care is to be taking while constructing and maintaining the SDO connection which is presented on the NE corner of the existing pond on the plans, in order to minimize impacts to waters of the state. Please let me know if you need additional information. Sincerely, Thom Thom Edgerton Environmental Engineer Division of Energy, Mineral and Land Resources/Land Quality Section 0epariment of Environmental Quality 252 946 6481. office Washington Regional Office 943 Washington Square Mall Washington, North Carolina 27889 From: Novak, Gary Sent: Tuesday, November 22, 2016 12:58 PM To: Edgerton,. Thom <thorn.edgerton@ncdenr.gov> Cc: Dumpor, Samir <samir.dumpor@ncdenr.gov> Subject: 46-15 Moore Town Pit Hertford County Thom, Please send me any comments that you may have for the above mine permit application? Thank you, Gary A. Novak Gnnrirnnmon+-,I Coninr Cnnniolic+ Department of Environmental Quality Division of Energy, Mineral and Land Resources 252-946-6481 ext. 3860 Washington Regional Office 943 Washington Square Mall Washington, North Carolina 27889 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties "Keep Calm and Carry on" Winston Churchill Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY PAT MCCRORY Governor DONALD R. VAN DER VAART 5acratory December 14, 2015 NOTICE OF VIOLATION FOR MINING WITHOUTA PERMIT CERTIFIED MAIL RETURN RECEIPT REQUESTED 7015 0640 0007 2358 8284 Mabel Victoria Griffin and Zanel Victoria Griffin PO Box 41 Powells Point, North Carolina 27966 Dear Ms. Griffin and Ms. Griffin: TRACY DAVIS Director This is to inform you that you and/or your firm are/is violating the Mining Act of 1971 by operating a mine without a permit as required by North Carolina General Statutes (hereinafter NCGS) 74-46, et seq., as amended. On December 9, 2015, personnel of this office inspected a mining operation being undertaken at 763 S. Bay View Road, Jarvisburg, North Carolina. Personnel of this office have also determined that (you and/or your firm) are/is the operator of this mine, or owner of a property on which mining activities are occurring. The area affected at the site by mining -related activities was measured to be 1.1 acres in size. Pursuant to G.S. 74-50 of the Mining Act of 1971, no operator shall engage in mining without first obtaining a mining permit and also posting a bond to ensure that the site is reclaimed. Mining is defined by NCGS 74-49 as: The breaking of the surface in order to facilitate or accomplish the extraction or removal of minerals, ores, or other solid matter; Any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, soils, and other solid matter from its original location; and/or State ofNorth Carolina 1 Enviro=entat Quality I EnerBY. Mineral and Land Resources Washington Regional Office J 943 Washington Square Mall. j Washington. NC 27889 2529466481 T CERTIFIED MAIL Mabel Victoria Griffin and Zanel Victoria Griffin Page 2 The preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use. "Minerals" means any soils, clay, coal, stone, gravel, sand, phosphate, rock metallic ore, and any other solid material or substance of commercial value found in natural deposits on or in the earth (NCGS 74-49(6)). Because you are in violation of The Mining Act of 1971, you are directed to immediately halt the above -mentioned mining operation until you have obtained a valid mining permit from this Department. Please contact this office immediately at 943 Washington Square Mall, Washington, NC 27889 or (252) 946-6481 to indicate your intention to comply with the Act. In addition, you must take the following corrective actions to bring this site into compliance: 1. Within thirty (30) days of vour receipt of this Notice, complete and file an original and 5 (five) copies of an application form for a new mining permit for this site along with the required corresponding mine maps and reclamation plan. The appropriate mining permit application processing fee is also required. The application for a mining permit, The Mining Act of 1971, the Administrative Rules, and other forms are available upon request or may be downloaded by visiting the web page for the Division of Energy, Mineral, and Land Resources' Mining Program: http://portal.ncdenr.org/web/Ir/forms. No mining operations may be conducted until a mining permit is issued for this site. 2. In the event that your application fora permit is approved, you must post a reclamation bond or other form of security acceptable to the Department, within 90 days of receipt of a DRAFT permit, to ensure that the affected area will be reclaimed when your mining operation has terminated. The bond does not have to be submitted concurrent with the application for a permit. OR 1. As an alternative to filing a mining permit application, you must immediately initiate reclamation of all affected acreage at this site. Such activities include temporary erosion and sedimentation control measures, temporary groundcover, and any other temporary activities to stabilize the site until a reclamation plan is submitted to and approved by the Department. 2. In addition, within 15 days of your receipt of this Notice, you must submit a plan detailing the intended reclamation of all affected acreage at this site, including a specific schedule for completion of this work. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Washington Regional Office 1 943 Washington Square Mall. 1 Washington, NC 27889 252 946 6481 T CERTIFIED MAIL Mabel Victoria Griffin and Zanel Victoria Griffin Page 3 Violations of the Mining Act for mining without a permit are subject to a civil penalty of up to $5,000.00 per day for each day of a continuing violation. A penalty may be assessed for violations committed prior to your receipt of this notice. A penalty may also be assessed for violations committed after receipt of this Notice. Should you fail to comply with the terms of this Notice within the prescribed time frames, additional enforcement action may be taken. Such action may result in the issuance of an injunction or the imposition of a criminal penalty. The responsibility for understanding and complying with the requirements of the Act rests upon the individuals and firms who are subject to its requirements. The subject site will not be considered in compliance with the Act until you have obtained a valid mining permit and/or satisfactorily completed the required reclamation work. Please do not hesitate to contact either Chris Pullinger or me regarding any questions you might have on this matter. Sincerely, 040 Richard D. Peed, CPESC Acting Regional Engineer cc: Ms. Janet Boyer, State Mining Specialist Mr. Bradley Bennett, Stormwater Section, Central Office Ben Woody, Currituck County Planning Director (by e-mail) Eric Weatherly, Currituck County Engineer (by e-mail) State ofNorth Carolina 1 Environmental Quality I Energy, Mineral and Land Resources Washington Regional Office 1943 Washington Square Mall. I Washington, NC 27889 252 946 6481 T R� North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ❑ PERMITTED MINE SITE ® UNPERMITTED MINE SITE 1. MINE NAME: Griffin Unpermitted Mine 2. MINE LOCATION: 763 S. Bay View Road 3. COUNTY: Currituck 4. RIVER BASIN: Pasquotank 5. CASE: _ 6. OPERATOR: Mabel Victoria Griffin and ZaneI Victoria Griffin 7. ADDRESS: PO Box 41: Powells Point, North Carolina 27966 8. MINING PERMIT #: ® N/A 9. PERMIT EXPIRATION DATE: El N/A 10. PERSON(S) CONTACTED AT SITE: nobody on -site 11. PICTURES? ® Yes ❑ No TAKEN BY: Chris Pullinger, Gary Novak 12. TYPE OF INSPECTION: ® A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: . ac. (attach sketch map) 2. How was this area measured? Range finder Measured by: Gary Novak ❑ B. Routine Inspection (Permitted Mine Sites) II C. Follow-up Inspection 13. Date of last inspection: 14. Any mining since that date? ❑ Yes 0 No If yes, cite evidence of such mining activity: 15. Was mine operating at time of inspection? [( Yes El No If yes, explain: 16. Is the mine in compliance with the Operating Conditions of the Permit? 0 Yes ❑ No ® N/A If no, explain 17. Is the mine in compliance with the Reclamation Conditions of the Permit? 0 Yes ❑ . No El NIA If no, explain: 18. Is there any off -site damage? A. / / Yes B. ► I No C. 0 None observed If A, describe the type and severity of the dama e: If B or C, is there potential for offsite damage? fit Yes El No Explain: Inadequate construction entrance and haul road: pump-on-sitesuggests_dewatering.into_adjacent_water_feature_leading off -site.—.-- --_............ --.19. Corrective measures needed and/or taken: . -Obtain ..a.valid.mining.permit,.or submit_a-reclamation_plan_and. begin reclaiming the site. Discontimie.all miningrelated.activities_untiLvroperly_permitted.--_._.._.__.._._--.- _..- 20. Other recommendations and comments: Please.install .adequate_and.appropriate.sedimentati9n_and-erosion. control. measures to-sufficiently_retain_all-sediment..on-site. -.Active_mining._area_consists_of_two pits,_tbe_first_pit having dimensions_of 45. yards wide by 72 yards Ions, the second_vit_havina_dimensions of_40—yards wide by4-1 vards_long_and-approximateeiy_LQO_yards_of_haul.road-that-is-20_.f et -in width. 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes 0 No (Explain) ❑ Not Reviewed 12 N/A 22. Follow-up inspection needed? ® Yes ❑ No Proposed date January 2Q _6 23. No. of additional pages of Inspection Report ...-1 ___ 24. Copy of Report sent to operator 12/14/2015 INSPECTED BY: _ . Chris .Pullinger,. Gary Novak. -----..- .. DATE ^_ . Decemher, 09 2fl15_ Telephone No: 252-946-6481 Copy to file - Copy to operator Copy to Mining Specialist LAND QUALITY SECTION PROJECT: Griffin Unpermitted Mine Page 2of2 COMMENTS: Site was field -measured to be approximately 1.1 acres in size, including all disturbed area, haul roads, and pit. Site is located on the east side of S. Bay View Road (which is also called Jarvisburg Road). Active mining area consists of two pits, the first pit having dimensions of 45 yards wide by 72 yards long, the second pit having dimensions of 40yards wide by 41 vards long. and approximately 100 yards of haul road that is 20 feet in width. INSPECTED BY: Chris Pu11ir:.er, Gary Novak DATE: 12/09/2015 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 FORM for the / v ice; �-u/��� e� d ed/J DIVISION OF WATER RESOURCES `r" 6 o1 girN'`IZ 9 awl i� THIS SECTION TO BE FILLED OUT BY DEMLR: Pt-tuv L,icki1o//i /1 , Project Name Weyco Mine DEMLR Permit # 37-08 County: Gates Applicant's Email: Harry Bailey (baileyenvironmental@yahoo.com) PERMIT ACTION TYPE: New YES NO Date Commencing Have land disturbing activities started? Date? 17 I r I ? Latitude: 36.40559 Longitude: -76.52613 Please return comments to (at DEMLR CO): Judy Wehner Comments due by.: 09/21/2016 RECEIVED/NCDENR/DWR SEP 2 6 2016 Water Quality Regional Operations Section Washington Regional Office SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO & , ,b "'. '" r t �.z'- +�-a4� ; �h t�, rr :,. 401 iietland Cert required? ,° rrFri 17I " o-?'i�, p i ,il,l) J,� tii9 ' ai.,j �.� F? I i I G� h '- (pia CI I ,� 401 Wetland Cert. existing? rill Permit # 0i F" (G a t Does�DWR�RO�have'enQugh information to � v ` c i : , , '. t :# � a �; `: determine if a 401 certification is=ref ttiered? u A.. ...., ., . R.�� >~ _.. _. �.i `i._, .,. ,.�.i ° ,, � 1 i 1_ (r p r YFa (ia a , 4 � r ,,171 >.�r'ro.;I1 ::as Is an 0 & M Plan needed? YES NO 1 ! 5 h ": '�', SF { ! �:t� ' >� �' t.r S.i 3'k$ # �, �' .: si . �.k 's Arewe�jtla,�}n,�ds di�turbef�.d at this site? � 's bV-Crt rtri #r i r �� (.' ,. ,., a �r.,+. .. r. e .p Y ,I 4{" �rf 1'G :W #r�,i�l�p�,b Ni III � � 4 a W 34:tidF ..- = s4, d''" �t,�„ " �" �� 1 I �„� 'w� r t u i 1�1kF� ire'' �" �'>f' .� � • I I .`. �->' i 4{{� AYE {^f �h �",7 f: � � a,� �;' � [� e4 ,..� G c M,f- �. . �. f .y ' }'"I.x e. `.*'„'� .n a ''' 1 {I �{" x. Does DWR RO suspect or know of nearby wetlands to the site? C 1 • I aNH x 1W ratij fat,'1irC'k "Fk H�,„k. { 4rr ikrt.!. f rw r, n ,.$' �tt reY uired rior,to IsiSa�wetiand delineation, q p =r DWR iwsusuin the permits " ' , c {ir '#""� ��I�,�ti'k',4 'r ✓� AA �(�L&�da° '!� il i'�, �F'� y �k, t# ox"6kk �tESIte1 rl�r"x>r , �'}add �r�r•.,..s.; '' ir:=*«fit, 1.�_I I (F �'*I.�:CP, ;k��._. �' 'h{'�-' I1il ,p�r r £T4 E�yjz+'� rt add' ,* �'�`r % 41 3rb,t� a C , 1 �� � �� r . Consultant _h 1 `N R { £ ? tl i t'4 �; hErr-i %'y, �, #. �` n..., 0 nnln 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. Stream Determination Needed? ❑1 EI `•Stream Deterininatiion Coiii'>tpteted Does DWR RO need a statement that no wetlands/streams are disturbed for this project from applicant? Buffer Determination Neede Buffer Determination Completed? Recycle system permit existing? ri New Recycle System permit required?* Enough information to determine? Ci i> existing? 'ermit Will wastewaters discharge to HQW waters with a 7Q10=0? C (7Q10 Flow: Unknown. Permittee must determine. m r .Does DWR require DEMLR to hold the - permit (e,'g so ,DWR can reviewKit further orb because DWVR requiires moire, information)?.' Has Violation, O&M Requirements:, HQ.W/7Q10 Goncer. Payback fees or renew DWR permit n i Other Please describe the reason -to holdthe permit:F R contact J Hold Until:: Mine must wait to dewater until an O&M plan is approved? EI Reviewed by: DWR RO Surface Water: Regional Office: Date: RO Aquifer Protection Section: Regional Office: Date: Office Phone: Sunbury 465-8603 Fax: 465-8040 Mill Phone: 465-8683 5 & M FARMS, LLC P.O. BOX 130 SUNBURY, NORTH CAROLINA 27979 September 20, 2016 Ms. Janet Boyer, PE, State Mining Specialist N.C. Division of Energy, Mineral and Land Resources 1612 Mail Service Center Raleigh, NC 27699-1612 RE: Proposed Weyco Mine S & M Farms, LLC Gates County EICE11\ ED SEP 21 2016 LAND QUALITY MINING PROGRAM Dear Ms. Boyer, S & M Farms, LLC is hereby requesting the issuance of a new mining permit for a period of 10 years at a site located off of Acorn Hill Road in Gates County. The proposed mine site is located over a 1,000' from the State Road in an existing wooded area on an approximately 1,800 acre tract. The site is accessed via an existing vegetated road (Gate Road). The proposed operation & reclamation of this mine site will not invoke any of the 7 denial criteria listed under G.S. 74-51of the Act. Included with this letter are an original and five copies of the Mining Permit Application and six copies of the Mine Maps. The appropriate mining permit processing fee of $3,750.00 is also included. The return receipt cards for the Notice sent to all adjoining property owners within 1,000' of the proposed mine site, and the Gates County Manager, will be forwarded to your office as soon as they become available. The total permitted acreage for this mining application is 16.55 acres and the affected acreage will be 14.05 acres. The total reclamation bond cost for the proposed mine site has been calculated to be $10,000.00. Please do not hesitate to contact me if you have any questions or need additional information. Sincerely, James Myron Hoffer, Jr. A SEP 2 6 2016 LAND QUALITY SECTION NASHINGTON REGIONAL OFFICE NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section SEP 26 2016 L- - -- LAND QUALI- , SEC I ION WASHING i ON REGIONAL OFFICE 1612 Mail Service Center - Raleigh, North Carolina 27699-1612 ,.'' (919) 707-9220 Revised: February 24, 2012 APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Weyco Mine County Gates River Basin Pas iuotank Latitude (decimal degrees to four places) 36.4055917 Longitude (decimal degrees to four places) -76.5261278 2. Name of Applicant*S & M Farms, LLC 3. Permanent address for receipt of official mail**P.O. Box 130 Sunbury, North Carolina 27979 Telephone (252 ) 465-8603 Alternate (FAX) No. (252 )465-8040 4. Mine Office Address 577 Hwy 32 South, Sunburn, N.C. 27979 Telephone ( 252 ) 465-8603 5. Mine Manager James Austin Hofler We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. * * * Signature Print Name James Myron Hofler, Jr Title Registered Agent/Manager Date i-ao - * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. * * The Land Quality Section must be notified of any changes in the permanent address or telephone number. * * * Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -1- APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: X If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): 16.55 Of this acreage, how much is owned and how much is leased? Acres owned: 16.55 Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No D. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No D. If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand 3. Mining method: Hydraulic Dredge Dragline & Truck X Front-end Loader & Truck X Shovel & Truck Self -loading Scraper Other (explain): Backhoe & Truck 4. a. Expected maximum depth of mine (feet) 35' Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Ground Level b. Expected average depth of mine (feet) 20' -2- APPLICATION FOR A MINING PERMIT 5. Has any area(s) at this site been mined in the past? Yes X No ❑ If yes, when and by whom was this activity conducted? Weyerhaeuser B. 6. Number of years for which the permit is requested (10 years maximum): 10 years MAPS 1. Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5th Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 http://portal.ncdenr.org/web/lr/geological home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 http://www.ncdot. org/it/gis/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. -3- APPLICATION FOR A MINING PERMIT Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map P• q• Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres 1 inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- •i 14°'2-••••' No' , Google earth feet km 1 ....,.. .. .. ....!.'".....:-.--•,'W,JTVAI "-'.: 1'" ,' '' L.Z.rg1/4. '-• ...., A 'I., . -4...... i!..-'-', i .• '-. ., 7.- -Ali, --'' - \ —4,.... ,',./ _ -,"-L;:r 4-1.• l'''4,']-'---444,, '''74..:A1-4,,A" .7 .,. _&:,..Vf,...•, • , -.: ...t., i _ ,_ ..... -7,!-:- ..&,i_ 4,0 - — '' - , • r',',, r -4, : — — -q.,.-4- -,,--^ --, ) , . 4 ' e. ,., . qt.„ .4:. .! ..,....ey . 1 . ' ••'. '' .• 4-a` -7:'`-.. '''';,- . - . & -`'.. ."4...- • . , _ • 4,,, .. • .,:-...., ,......:*,&&•&&:, .....,,&• _ ._,..---,_-_— _- ''''''''' _ , ..k. • ....--, - ,.•;•.,,..„ „Ai =.1,- - ;''' ..":„......::_ ,.- • ., _.-.4,_. . '"...4.- ... „. ' •r"-' 3000 1 gale5 6,4A r _ ,)• •„( ,;,:.•74 L. APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles Wastepiles Processing Area/Haul Roads Mine Excavation Other (Explain) Total Disturbed Acreage NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. The mining operation will advance from the eastern permit boundary and move in a westerly direction towards Acorn Hill Road. Reclamation of the perimeter slopes will closely follow the mine advance. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. A gravel construction entrance will be installed as shown on the mine map. A typical detail of the measure is shown on the mine map. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No X. If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes ❑ No X. If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). -6- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes X No ❑. If yes, do you intend to dewater the excavation(s)? Yes ❑ No X. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. All stormwater will drain into the mine excavation. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No X. If yes, . indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? The proposed haul road (Gates 1 Road) is an existing vegetative right-of-way. A water wagon will be used to control dust if necessary. -7- APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A minimum 50' undisturbed buffer zone will be maintained along the mining permit boundary as shown on the mine map. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A minimum 50' undisturbed buffer zone will be maintained along the mining permit boundary as shown on the mine map. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. Provide a 3 horizontal to 1 vertical or flatter slope from the edge of the unexcavated buffer zone to the pit bottom. -8- APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. N/A c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections for all cut slopes must be provided on the mine map(s). A 3 horizontal to 1 vertical or flatter angle will be provided. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. N/A 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public,commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. No Structures within 300' of the proposed mine excavation. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). N/A -9- APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes ❑ No X. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Due to the location of the proposed mine site, the existing woodland will screen the operation from public view. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? N/A 11. Will explosives be used? Yes 0 No X. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No X. Ifyes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). Portable fuel tank in a pickup truck will be utilized to service equipment. - 10 - APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. The proposed excavation area is to be reclaimed as a lake and all adjacent disturbed areas will be properly revegetated. The side slopes tothe lake shall be graded to an angle of 3 horizontal to 1 vertical or flatter to a 4' water depth and 2 horizontal to 1 vertical or flatter from the 4' water depth to the lake bottom. A minimum 4' average water depth will be maintained in the lake. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No E. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes X No ❑. If yes, specify species. Bass & Brim 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. N/A - 11 - APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. N/A 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. N/A b. Will any on -site roadways be left as part of the reclamation? Yes X No ❑. If yes, identO, such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. The existing vegetated right-of-way (Gates Road) will remain to access this tract of land and adjoining tracts. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. Any waste generated by the mining operation will be removed and properly disposed of at a permitted site. - 12 - APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): 2000 Lbs/Acre or follow recommendations from soil test. FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 1000 Lbs/Acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Kobe Lespedeza Bahiagrass Redtop Winter Rye (grain) Common Bermuda Lespedeza (unscarfiied) German Millet Rye (grain -temporary) Seeding Dates: Seeding Rates: February 15th-April lst April 1st -July 31 st August 1st -October 25th October 25t-February 15th 10 Lbs/Acre 50 Lbs/Acre 1 Lbs/Acre 15 Lbs/Acre 50 Lbs/Acre 30 Lbs/Acre 40 Lbs/Acre 120 Lbs/Acre MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: 2000 Lbs/Acre and then crimp to anchor appropriately. OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or rf� restatio plan proved by: Date c/Ac Agency Bailey Environmental, LLC -13 APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage, for each aspect of the mining operation, that you intend to affect during the life of this miningpermit (in addition, please insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs provided with this application form) OR you can defer to the Department to calculate your bond for you based upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. = $ Stockpiles: Ac. X $ /Ac. = $ Wastepiles: Ac. X $ /Ac. = $ Processing Area/Haul Roads: 1.05 Ac. X $ 1,800 /Ac. = $ 1,890 Mine Excavation: 13.0 Ac. X $ 500 /Ac. _ $ 6,500 Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 14.05 Ac. (TOTAL PERMITTED AC.: 16.55 Ac.) Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 16.55 Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $8,390.00 Inflation Factor: 0.02 X SUBTOTAL COST: $ 8,390.00 X Permit Life (1 to 10 years): 10 years INFLATION COST: $ 1,678.00 TOTAL COST = SUBTOTAL COST + INFLATION COST = $10,068.00 Total Reclamation Bond Cost: $10,000 (round down to the nearest $100.00) - 14 - (3) APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. NOTES: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(b1). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND '1HE "AFFIDAVIT OF NOTIFICATION" - 15 - NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that S & M Farms, LLC has applied on 09/20/2016 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North. Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): X a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 16.55 acres located 5.25 (Number) (Miles) off/near road (Mineral, Ore) SouthEast of Sunbury Acorn Hill Rd (Direction) (Nearest Town) (Number/Name) in Gates County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: (252) 465-8603 . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. James Danny Leland 498 Acorn Hill Road Sunbury N.C. 27979 (Addressee/Owner of Record's Name and Address) 09/20/2016 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) James Austin Hofler, Mine Manager S & M Farms, LLC (Name of Applicant: Include Contact Person & Company Name, if Applicable) 577 Hwy 32 South Sunbury, North Carolina 27979 (Address of Applicant) -16- APPLICATION FOR A MINING PERMIT NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that S & M Farms, LLC has applied on 09/20/2016 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): X a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine SouthEast Sand on 16.55 (Direction) in Gates County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* (Mineral, Ore) (Number) acres located 5.25 (Miles) of Sunbury off/near road Acorn Hill Rd (Nearest Town) (Number/Name) In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: (252) 465-8603 . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. David S. Riddick 438 Turnpike Road Belvidere, N.C. 27919 (Addressee/Owner of Record's Name and Address) 09/20/2016 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) James Austin Hofler, Mine Manager S & M Farms, LLC (Name of Applicant: Include Contact Person & Company Name, if Applicable) 577 Hwy 32 South Sunbury, North Carolina 27979 (Address of Applicant) -17- APPLICATION FOR A MINING PERMIT NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that S & M Farms, LLC has applied on 09/20/2016 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): X a new surface mining permit, n a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 16.55 (Mineral, Ore) (Number) acres located 5.25 (Miles) SouthEast of Sunbury off/near road Acorn Hill Rd (Direction) (Nearest Town) (Number/Name) in Gates County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: (252) 465-8603 . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. Hale Beryl Eason 2629 Lake Cahoon Road Suffolk, Virginia 23434 (Addressee/Owner of Record's Name and Address) 09/20/2016 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) James Austin Hoffer, Mine Manager S & M Farms, LLC (Name of Applicant: Include Contact Person & Company Name, if Applicable) 577 Hwy 32 South Sunbury, North Carolina 27979 (Address of Applicant) - 18 - APPLICATION FOR A MINING PERMIT NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that S & M Farms, LLC has applied on 09/20/2016 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): X a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 16.55 acres located 5.25 (Mineral, Ore) (Number) (Miles) SouthEast of Sunbury (Direction) (Nearest Town) (Number/Name) Gates County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: (252) 465-8603 . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. Cecil Douglas Temple & Linda P Temple 1272 Lynchs Comer Road Elizabeth City, N.C. 27909 (Addressee/Owner of Record's Name and Address) 09/20/2016 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) James Austin Hofler, Mine Manager S & M Farms, LLC (Name of Applicant: Include Contact Person & Company Name, if Applicable) 577 Hwy 32 South Sunbury, North Carolina 27979 (Address of Applicant) -19- APPLICATION FOR A MINING PERMIT (Direction) in Gates County. NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that S & M Farms, LLC has applied on 09/20/2016 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): X a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 16.55 (Mineral, Ore) (Number) acres located 5.25 (Miles) SouthEast of Sunbury off/near road Acorn Hill Rd (Nearest Town) (Number/Name) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G. S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: (252) 465-8603 . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. Kevin Herbert Craft & Tamela L. Craft 510 Acorn Hill Road Sunbury, N.C. 27979 (Addressee/Owner of Record's Name and Address) 09/20/2016 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) James Austin Hofler, Mine Manager S & M Farms, LLC (Name of Applicant: Include Contact Person & Company Name, if Applicable) 577 Hwy 32 South Sunbury, North Carolina 27979 (Address of Applicant) - 20 - APPLICATION FOR A MINING PERMIT NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that S & M Farms, LLC has applied on 09/20/2016 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): X a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 16.55 acres located 5.25 (Mineral, Ore) (Number) (Miles) SouthEast of Sunbury off/near road Acorn Hill Rd in Gates (Direction) County. (Nearest Town) (Number/Name) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comments) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: (252) 465-8603 . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. Jeremy Craft 510 Acorn Hill Road Sunbury, N.C. 27979 (Addressee/Owner of Record's Name and Address) 09/20/2016 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) James Austin Hofler, Mine Manager S & M Farms, LLC (Name of Applicant: Include Contact Person & Company Name, if Applicable) 577 Hwy 32 South Sunbury, North Carolina 27979 (Address of Applicant) -21- APPLICATION FOR A MINING PERMIT NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that S & M Farms, LLC has applied on 09/20/2016 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): X a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 16.55 acres located 5.25 (Mineral, Ore) (Number) SouthEast of Sunbury off/near road Acorn Hill Rd (Direction) Gates County. (Miles) (Nearest Town) (Number/Name) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: (252) 465-8603 . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a fmal decision is made on the application. Danny L. Jones & Barbara L. Jones 498 Acorn Hill Road Sunbury, N.C. 27979 (Addressee/Owner of Record' s Name and Address) 09/20/2016 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) James Austin Hofler, Mine Manager S & M Farms, LLC (Name of Applicant: Include Contact Person & Company Name, if Applicable) 577 Hwy 32 South Sunbury, North Carolina 27979 (Address of Applicant) - 22 - APPLICATION FOR A MINING PERMIT NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that S & M Farms, LLC has applied on 09/20/2016 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): (Mineral, Ore) of Sunbury in tes (Direction) County. (Nearest Town) (Number/Name) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* X a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 16.55 acres located 5.25 (Number) (Miles) SouthEast off/near road Acorn Hill Rd In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: (252) 465-8603 For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. Sidney Earl Stalling, Jr. & Teresa G. Stalling 220 Acorn Hill Road Sunbury, N.C. 27979 (Addressee/Owner of Record's Name and Address) 09/20/2016 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) James Austin Hoffer, Mine Manager S & M Farms, LLC (Name of Applicant: Include Contact Person & Company Name, if Applicable) 577 Hwy 32 South Sunbury, North Carolina 27979 (Address of Applicant) - 23 - APPLICATION FOR A MINING PERMIT NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that S & M Farms, LLC (Applicant Name) has applied on 09/20/2016 (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): X a new surface mining permit, D a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 16.55 acres located 5.25 (Number) (Miles) (Mineral, Ore) SouthEast of Sunbury off/near road Acorn Hill Rd (Direction) (Nearest Town) (Number/Name) in Gates County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: (252) 465-8603 . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. Jerry Jennings, PE, Division Engineer N.C. Department of Transportation 113 Airport Drive, Suite 100 Edenton, N.C. 27932 (Addressee/Owner of Record's Name and Address) 09/20/2016 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) James Austin Hofler, Mine Manager S & M Farms, LLC (Name of Applicant: Include Contact Person & Company Name, if Applicable) 577 Hwy 32 South Sunbury, North Carolina 27979 (Address of Applicant) - 24 - APPLICATION FOR A MINING PERMIT NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that S & M Farms, LLC has applied on 09/20/2016 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): X a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 16.55 acres located 5.25 (Mineral, Ore) (Number) (Miles) SouthEast off/near road Acorn Hill Rd of Sunbury (Direction) (Nearest Town) (Number/Name) in Gates County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: (252) 465-8603 . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. Natalie M. Rountree, County Manager County of Gates P.O. Box 148 Gatesville, N.C. 27938 (Addressee/Owner of Record's Name and Address) 09/20/2016 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) James Austin Hoffer, Mine Manager S & M Farms, LLC (Name of Applicant: Include Contact Person & Company Name, if Applicable) 577 Hwy 32 South Sunbury, North Carolina 27979 (Address of Applicant) - 25 - APPLICATION FOR A MINING PERMIT NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that S & M Farms, LLC has applied on 09/20/2016 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): X a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand (Mineral, Ore) (Number) on 16.55 acres located 5.25 SouthEast of Sunburn (Miles) off/near road Acorn Hill Rd (Direction) (Nearest Town) (Number/Name) in Gates County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: (252) 465-8603 . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. William Douglas Briggs 431 Acorn Hill Road Sunbury, N.C. 27979 (Addressee/Owner of Record's Name and Address) 09/20/2016 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) James Austin Hoffer, Mine Manager S & M Farms, LLC (Name of Applicant: Include Contact Person & Company Name, if Applicable) 577 Hwy 32 South Sunbury, North Carolina 27979 (Address of Applicant) - 26 - APPLICATION FOR A MINING PERMIT Notary: n 66- bTw,.. AFFIDAVIT OF NOTIFICATION , an applicant, or an agent, or employee of an applicant, for a new ming P rrmt, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) *See attached list (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] Natalie M. Rountree, County Manager P.O. Box 148 Gatesville, N.C. 27938 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within :[ ,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance withN.C.G.S. 74-50(bl) and 15ANCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Si itiaturee pphcant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Title of person executing Affidavit I, Li se ( G?t n � a Notary Public of the County of usu)w' .1 State of North Carolina, do hereby certify that-"ahi.2.s PI( appeared before me this day and under oath acI i@ B 11 e , at the above Affidavit was made by him/her. • Witness my hand and notarial seal, this p Tclitypi 5 P I eaiQr2r 20 ! . my 2ommiission expires: 0 Z- Z. l—thCL PD Yu1vt y AVBG N� C C:WV\ ,, Adjoining Landowner Name & Address: James Danny Leland 498 Acorn Hill Road Sunbury, North Carolina 27979 David S. Riddick 438 Turnpike Road Belvidere, North Carolina 27919 Hale Beryl Eason 2629 Lake Cahoon Road Suffolk, Virginia 23434 Cecil Douglas Temple & Linda Powell Temple 1272 Lynchs Corner Road Elizabeth City, North Carolina 27909 Kevin Herbert Craft & Tamela L. Craft 1510 Acorn Hill Road Sunbury, North Carolina 27979 .leremy Craft 510 Acorn Hill Road Sunbury, North Carolina 27979 Danny L. Jones & Barbara L. Jones 498 Acorn Hill Road Sunbury, North Carolina 27979 Sidney Earl Stalling, Jr. & Teresa G. Stalling 220 Acorn Hill Road Sunbury, North Carolina 27979 William Douglas Briggs 431 Acorn Hill Road Sunbury, North Carolina 27979 Jerry Jennings, PE, Division Engineer N.C. Department of Transportation 113 Airport Drive, Suite 100 Edenton, North Carolina 27932 APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: Signature:* Ata Print Name: James Myron Hofler, Jr. Print Name: James Myron Hofler, Jr. Registered Agent / Manager (Title, if applicable) Company S & M Farms, LLC Title: Registered Agent / Manager (If applicable) Address: 577 Hwy 32 South Company: S & M Farms, LLC Sunbury, N.C. 27979 Mine Name: Weyco Mine Telephone: (252) 465-8603 Telephone: (252) 465-8603 Date Signed: 9- a2 0 /lo Date Signed: 9 - /4, *Signature must be the same as the individual who signed Page 1 of this application. One original and five (5) copies of the completed application, six (6) copies of all location maps, mine maps and reclamation maps, and the appropriate processing fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. -27- APPLICATION FOR A MINING PERMIT MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit, a major permit modification or a renewal permit is required as follows: New Permit Applications Permit Modifications Permit Renewals Transfers/Minor Modifications* 0-25 acres 26+acres $3,750.00 $5,000.00 $750.00 $1,000.00 $750.00 $1,000.00 $100.00 $100.00 * A nonrefundable $100.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers, name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major permit modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both. APPLICATION FOR A MINING PERMIT SCHEDULE OF RECLAMATION COSTS (Based upon range of $500 - $5,000 per affected acre) COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Type T/S Ponds S.piles W.piles P.area/H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, MI, 1500(FI) 2500(PD) LI, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) • MULCH AND ANCHORING COSTS PER ACRE • ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NONOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. Z7