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NCG020922_NRC MINE PERMIT BINDER_20171214
North Beverly Eaves Perdue Governor Mr. Brett Michaud North River Club M P.O. Box 837 Beaufort, NC 28516 Subject: Dear Mr. Michaud: Attached for use activity in the Ci received August 24, Please read reporting of water, and IV. B. Permits comments 9007. NCDENR ;arolina Department of Environment and Natural Resources Division of Water Resources Thomas A. Reeder Director December 31, 2012 Guide Group LLC Draft CCPCUA Permit No. CU3231 Dee Freeman Secretary ur review is a copy of the public notice and draft permit for your water ral Coastal Plain Capacity Use Area, as described in your application 12. draft permit carefully. The permit for your facility includes monthly hdrawals and water levels in accordance with Sections I. C, 11. B, 1V. A, generally issued for five (5) years. If you have any questions or the conditions of the proposed permit, please contact me at (919) 707 - Sincerely, Craig Caldwell Hydrogeologist Enclosures 1611 Mail Service Center, Raleigh North Carolina 27699-1611 Phone: 919-707-9000 \ FAX: 919 33-3558 Internet: www.ncwater.org An Equal Opportunity \ Affirmative Action Erroloyer - 50% Recycled \ 10% Post Consumer Paper Nne orthCarolina Naturally North Beverly Eaves Perdue Governor Central AT,' NCDENR lina Department of Environment and Natural Resources Division of Water Resources Thomas A. Reeder Director Public Notice oastal Plain Capacity Use Area Draft Permit Dee Freeman Secretary Notice is hereby given of proposal to issue a new permit for water withdrawals in the Central Coastal Plain Capaci Use Area (CCPCUA). This permit w uld allow North River Club Mine, Guide Group LLC, with draft permit No. CU3231, to withdraw and use a maximum of 275,000 gallons of water per day from the Surficial aquifer near the intersection of Taylor Farm Road and Taylorwood Drive in Carteret County for the purpos of mine dewatering. Water withdr Ovals will be measured by an approved measuring. Additionally, any changes in ground wa er quantity or water quality due to permitted withdrawals will be reviewed and alternate pumping levels may be established. The permittee shall be required to submit monthly reports of metered withdrawals and measured water levels, and the permit may be revoked if there are ary violations of permit conditions. The draft pe it and supporting documentation is available for review during normal business hours at the Division office in the Archdale Building at 512 North Salisbury Street in Raleigh, North Carolina (phone: 919-707-9000). This proposed permit shall become final unless, within 18 business days of issuance of this notice which is no later than January 24, 2012, a request for a hearing is made. Any water user wishing to contest the proposed action may be entitled to a hearing upon a timely request. The request, with valid substantiation for a hearing, should be submitted to: Division of Water Resources trtment of Environment & Natural Resources 1611 Mail Service Center Raleigh, NC 27699-1611 Attention: Capacity Use Administration r z6, Date Nathaniel C. Wilson, Chief Ground Water Management Branch 1611 Mail Service Center, Raleigh, orth Carolina 27699-1611 One Phone: 919-707-9000 \ FAX: 919-733558 Internet: www.ncwater.org NorthCarolina An Equal Opportunity \ Affirmative Action Empl yer — 50% Recycled 110% Post Consumer Paper Naturallt� De North Carolina Environmental Management Commission irtment of Environment and Natural Resources Permit For The Withdrawal And Use Of Water In The Central Coastal Plain Capacity Use Area In accordance North Carolina as a Withdrawal and grantee's application application, all of whi and are considered Da This Permit Shall shall be subjecta the Permit. Permit issued t h i NORTH C, By Authority of the PERMIT No. CU323 the provisions of Part 2, Article 21 of Chapter 143, General Statutes of ed, and any other applicable Laws, Rules and Regulations, Permission Is Hereby Granted To North River Club Mine. Guide GrouD LL -R- ' FOR THE Jse of Water in Carteret County, North Caroina itt accordance with the ited August 24, 2012, and any sq orting data: submitted with the h are file wlththe'epartmeut pnviront and Naturai'Resources t of this, it. ` „pe effecOV0 from the date of its iss nce untt t November 30, 2017, and �lfied idiCiditl± and/or tnitatiiotls contaiin Sections I - X of this NMENTAL MANAGEMENT COMMISSION Thomas A. Reeder Director, Division of Water Resources of the Department of Environment and Natural Resources Page 1 of 5 I. CCPCUA Water Use Permit No. CU3231 for North River Club Mine, Guide Group LLC WITHDRAWALS A. USE This Permit allows the withdrawal of water for the purpose of mine dewatering. B. SOURCE(S) AND RATES OF WITHDRAWALS The maximum quantity of water that may be withdrawn from one sump ("NRC01 ") in the surficial aquifer shall not exceed 275,000 gallons per day (GPD). C. MONITORING OF WITHDRAWALS Withdrawals from each source, whether well or sump, sh d by an approved metering device equipped with a totalizing jpOicator, and having an accuracy within plus or minus five percent. II. WATER LEVELS A. MAXIMUM DRAWDO 1. Pump intakes he w permit pplical*t+�n or a; Divisi of W r Res( 2. In the v nt the infl ue ed by et 1ptri or qu 'ty in surroun 4 LEVELS ti shall no set Belo tBe depth specilried in the dated docuttion wttfiout prior appfoval of the ;es. the permitted WPI$ o��&'her wells within the zone the permitted indicates a deterioration of quality aquifers or the source aquifer, an alternate maximum pumpi t g level Maiy be established by the Division of Water Resources. B. MONIT RING OF WATER LEVELS I 66, The irig g water level in each supply well shall be measured once a month: � a'steel or electric tape from a fixed reference point, or by using the air -line method b. within accuracy limits of plus or minus one percent, c. just prior to shutting off the pump, or after sufficient time of pumping, so that a maximum drawdown may be obtained, and d. during the last planned pumping day of the month, or within the last five days of the month. 2. The st tic water level in each supply well shall be measured once a month: a. by a steel or electric tape from a fixed reference point, or by using the air -line method b. within accuracy limits of plus or minus one percent, c. after the pump is shut off for approximately 12 hours, and d. within the last five days of the month. Page 2 of 5 CCPCUA W4ter Use Permit No. CU3231 for North River Club Mine, Guide Group LLC 3. Unused supply wells or other suitable wells that may be available shall be monitored when such monitoring is specified by the Division of Water Resources and when pertinent to observation or evaluation of the effects of withdrawals made under this permit. III. OTHER PROVISIONS A. WELL CCONSTRUCTION APPROVAL No new wells shall be constructed without prior approval from the Director of Water Resources. A Well Construction Permit shall be required prior to the construction of any well hat will be used to withdraw any portion of the water regulated under this Permit. Application for the well construction permit must be submitted to the Wilming on Regional Office, Division of Water Quahtk,127 Cardinal,Drive Extensioi i, Wilmington, NC 28405. A copy of the Well: Construction record (GW -1) shall be s bmitted to the Division of Water Resources and the Division of Water Quality within 30 days upon completion of the well construction B. ACCES TO FACILITIES The Envi onmettt Management Cotnmtsst4n and etn tloyees of the Department of Environment and:' ural Resources shall ki► a reasc able access to areas owned and under,66, trol of t, ermittee for observation and inspection of water use and related f tilities ,\`_ 'Hent to the provisions of this petit and other regulations. IV. REPORTS f jKOUIRkbi x. A. WITHD =WAS' Monthly reports of didly withdrawal totals from each well or sump shall be furnished to the D:8ion'ti6 later than 30 days after the end of each calendar month. B. MATELEVELS Water le el measurements for each supply well shall be measured in accordance with Co dition II. B. 1. of this permit and submitted to the Division not later than 30 days after the end of the calendar month in which the measurement was taken. V. MODIFICATION OR REVOCATION A. MODIFICATION 1. The P rmittee must notify the Director of any proposed major changes in usage and apply for a modification of the permit for such changes or for any revisions of the to ms of this permit. Page 3 of 5 CCPCUA Wat�r Use Permit No. CU3231 for North River Club Mine, Guide Group LLC i 2. The Dir ctor may modify the terms of the permit, after 60 days written notice to the per ittee, if he finds that the terms of the permit and/or the resulting water use are foun to be contrary to the purposes of the Water Use Act of 1967 or contrary to publi interest or having an unreasonably adverse effect upon other water uses in the ca acity use area. Modifications may include, but are not limited to, require ents for alternate pumping levels or the collection, analysis, and reportin of ground or surface water quality samples. B. REVOCATION obligationt The Director may revoke the permit if he finds that: 1. the Per ittee has violated the terms of the permit; or 2. the ter tter of the Permit and/or the resulting water Ware contrary to the purpose of the Use Act of 1967 or contrary to the pu is interest or.having an unreaso6ably adverse effect upon other water uses in the capacity use area and cannot he cured by modification; or 3. the Permittee made false or fraudulent statementSi"he application, for the water use per it; or 4. water w thdra under the terms of the gOfmit is for purposes other than thos6"ser. forth'ii a permit. F. VI. CONSTRUCTION MIT A. The terms d conditions shall not be construed to relieve the Permittee of any legal obligationt liability, whim it owes or may incur to third parties as the result of the conduct of its op6rations in conformity with this Permit. B. When un r the I+errrls hereof, any provision of this Permit requires approval of the El' art'-ent or becomes effective at the discretion of the Department, the notice of ap to a1 o the exercise of such discretion shall be evidenced by written instrument issued by the Department. C. The terms land conditions of this Permit shall not be construed as a limitation of the powers, duties, and authority vested in the Environmental Management Commission or any other State, Federal, or local agency, or any applicable laws hereafter enacted. VII. ADDITIONA> CONDITIONS i A. This Perm�t shall be subject to any limitations or conditions in other State permits, including but not limited to permits required pursuant to North Carolina General Statutes §143-215.1. B. Issuance df this Permit shall have no bearing on subsequent State decision(s) Page 4 of 5 CCPCUA Water Use Permit No. CU3231 for North River Club Mine, Guide Group LLC regarding any other water use or other permit application(s) submitted or which may be submitted by the Permittee, its successors or assigns. C. Compliance with the terms and conditions in this permit does not relieve the permittee of compliance with any provision, now in force or hereafter enacted or promulgated, of the Water Use Act of 1967, the regulations promulgated thereunder, or any other provision of State law. VIII. PENALTIES Violations of the terms and conditions of this Permit are subject to penalties as set forth in North Carolina General Statutes § 143-215.17. IX. PERMIT NONTRANSFERABLE ;, tv..'4;'ani •ah Water Use Permits shall not be transferred except with'apptoval of the Environmental Management Commission. X. RENEWAL OF PERMIT e (" ) Months prior t6 the expiration of this pertrifit, shall request t of the request, the Cpnmtnisstwill review the 2ulequacy of ein, and if warranted; Will extend: the permit fCir such period of ions and limi0tiot -iijt may deem appropriate. Page 5 of 5 vier PROJECT VICINITY ATLANTIC OCEAN ,�� '� -•. — --- --- •..._. e' I - PROJECT SITE 4.. v CEDARAVE 1 _ ` � l•. ' } �p7 (----; . --_R FARM ROAD rw. r I TAYLOR —I-• -\� .r. cr NORTH RIVER ■, 101 NEWPORT RIVER. .J I :iG .. rLEN70 � G - '9 'iifl�]�•. -fir Ii . x e.:., � •cs,� � one :�MICHAEL-J SMITH ',�AIRP_ ORT,.:. �� .a �.� 'N'-L�;.•� ; . �.. ��� - • �..� '4 � , ,`'°c ,� ` y�; ,�� Aye , T� . a oe�p.. k � . , = . �:v .1 �� '� '•~•hey � -� "'Y:. � , � .. .. North R .. 3'...i FLOODZONE Miles i '� '..T.OWNa;OF BEAUFO.R'T •,. � �l = ;• * AE (100 YEAR) Y � 0.5 0.25 0 0.5 1 L'.•, q•y... .� ,� Ifs. PROJECT TITLE: PREPARED FOR: DRAWING TITLE: NORTH RIVER CLUB NORTH RIVER CLUB MINE 110 MOCKINGBIRD CT LOCATION BEAUFORT, NC 28516 SCALE: FIGURE#: AS SHOWN DATE: 04,02I12 p 1 DRAWNBN JGG PROJECTM XXX OF:9 <I DI X10 0 vlx DIS Z I� m r to C I� SII vl ♦ TO-iW_Y_ 1 04-- VIA TAYLOR FARM RD MINE PHASING: PHASE I - SILT FENCE INSTALLATION AND MINE AREA CLEARING PHASE II - REMOVE OVERBURDEN TO BUILD BERMS. REMAINING OVERBURDEN WILL BE PLACED IN STOCKPILE AREA. PHASE III - EXCAVATION WILL START IN THE SOUTHERN MOST PORTION OF THE MINE AREAAND CONTINUE NORTHWARD IN MULTIPLE PHASES DURING THE LIFE OF THE PERMIT. PHASE IV - RECLAMATION NOTES: MINE EXCAVATION WILL PROGRESS FROM SOUTH TO NORTH LAND CLEARING ACTIVITIES WILL BE LIMITED TO MINE EXTENTS STOCKPILE AREAS ARE TEMPORARY ALL BUFFERS WILL BE UNDISTURBED BERM & SILT FENCE WILL SURROUND MINE AREA EXCEPT IN AREA OF HAUL ROAD (APPROXIMATELY 4,100 LF) MAP KEY - Haul Road xxxxxx BERM SILT FENCE _ MINE PROPERTY EXCAVATION AREA (20 AC) WETLANDS 250 125 0 250 NO. DESCRIPTION BY DATE 500 Feet THOMAS SIMPSON CONSTRUCTION 2401 ARENDELL ST MOREHEAD CITY, NC 28557 Y.� � xxYXXXXXXXXXXXXX��""�" X_ / ::;x.xxxxxxXxxx� � . � • • � ... �- xxxxxxxx� x 30 I OVERBURDEN DISPOSAL i 1.1 AC I x; j x 1 GOOD MATERAL x STOCKPILE i j x; 4.0 AC I X • ., �• j« 80•xxxY,r I x: ' X X� 1 x;A I X: X- X' x; ' XY x� • X - I xY I x. I xY X: x. ! X� x: X: X' • x� I X. X , ...... Q� X..........................Q.. ............................. j hkxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx U• CLIENT: NORTH RIVER CLUB 101 MOCKINGBIRD LANE BEAUFORT, NC 28516 TQ--HWY70 VIA CSAR AVE ih CATEGORY AFFECTED ACREAGE Tailings/Sediment ponds 5.4 Stockpiles 4.0 Wastepiles 1.1 Haul Roads 0.6 Mine Excavation 20.0 k4--320'-- 320' : sSl[r _ - - ..... -_ -�tlu:::-: PROJECT W :ir_:-:lEr i:i_: xx �•w lip x :_:__ _... ...• YID:::. =:_:• - - _ •I, • - 63AC x _..• :::: lir __ - ._..• ::_: k�Le - _..• :" x... .yl,�• yyf, .: -_�. ,yl,, =: ,s.�fE .. -_" - - jl,�111 alu '`:'•: -AJ&•`- I x; j x 1 GOOD MATERAL x STOCKPILE i j x; 4.0 AC I X • ., �• j« 80•xxxY,r I x: ' X X� 1 x;A I X: X- X' x; ' XY x� • X - I xY I x. I xY X: x. ! X� x: X: X' • x� I X. X , ...... Q� X..........................Q.. ............................. j hkxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx U• CLIENT: NORTH RIVER CLUB 101 MOCKINGBIRD LANE BEAUFORT, NC 28516 TQ--HWY70 VIA CSAR AVE ih CATEGORY AFFECTED ACREAGE Tailings/Sediment ponds 5.4 Stockpiles 4.0 Wastepiles 1.1 Haul Roads 0.6 Mine Excavation 20.0 X Total Disturbed Acreage: 31.1 x X X •- vltc • .. X _ x - :.. x s � : - •flu . - PROJECT: NORTH RIVER CLUB MINE TITLE: SITE PLAN SCALE: .... ..... . ..... ........ . AS SHOWN 02 W TE: 05/16/12 DRAM BY. JGG APPROVED BY: -.: _`• .:-`- } __ ':_ klu k4--320'-- 320' : sSl[r _ - - ..... -_ -�tlu:::-: PROJECT W :ir_:-:lEr i:i_: xx i;-.. lip x :_:__ _... ...• YID:::. =:_:• - - _ •I, • - 63AC x _..• :::: lir __ - ._..• ::_: k�Le - _..• :" x... .yl,�• yyf, .: -_�. ,yl,, =: ,s.�fE .. -_" - - jl,�111 alu '`:'•: -AJ&•`- PROJECT: NORTH RIVER CLUB MINE TITLE: SITE PLAN SCALE: AS SHOWN 02 W TE: 05/16/12 DRAM BY. JGG APPROVED BY: JGG PROJECT W xx OF:9 STEP 1 DRIVE STEEL POSTS 24" INTO GROUND AND EXCAVATE A 8"x6" TRENCH ON UPHILL SIDE OF POST LINE. U BEnyEEN PASTS STEEL POSTS 8" - WIRE FENCE "HOG WIRE" FILTER FABRIC N BOTTOM OF WIRE FENCE AND FILTER FABRIC BURIED 8" EEP AND 4" ° DFORWARD ALONG THE TRENCH. g w ..' ..:..... w N In NOTES: FILTER FABRIC BOTTOM SHALL BE PLACED 8" IN TRENCH AND 4" FORWARD AND SECURED BY EITHER WASHED STONE EXTENDING A MINIMUM OF 6" ABOVE GROUND LEVEL OR TAMPED SOIL. BACKFILL MATERIAL TO BE GROUND LEVEL OR HIGHER. STEP 2 ATTACH WIRE FENCE TO POSTS THEN ATTACH FILTER FABRIC TO WIRE FENCE AND EXTEND BOTTOM OF BOTH 8" INTO TRENCH AND 4" FORWARD. STEP 3 BACKFILL TRENCHTO ANCHOR FENCE BOTTOM SO RUNOFF IS FORCED THROUGH NOT UNDER THE FENCE. PROJECT TITLE: PREPARED FOR: DRAWING TITLE: NORTH RIVER CLUB NORTH RIVER CLUB SILT FENCE MINE 110 MOCKINGBIRD CT DETAIL BEAUFORT, NC 28516 SCALE: FIGURE#: N.TS DATE: 05/16/12 O w DRAWNBN JGG v{ PROJECT #: XXX OF:9 PROJECT TITLE: PREPARED FOR: DRAWING TITLE: NORTH RIVER CLUB NORTH RIVER CLUB VEGETATED BERM MINE 110 MOCKINGBIRD CT DETAIL BEAUFORT, NC 28516 SCALE: FIGURE#: N.TS DATE: 05/16/12 04 DRAWN BY. JGG PROJECT#: XXX OF:9 PROJECT TITLE: PREPARED FOR: SCALE: FIGURE#: DRAWING TITLE: AS SHOWN NORTH RIVER CLUB MINING PERMIT NORTH RIVER CLUB 110 MOCKINGBIRD CT DEWATERING PLAN DATE oenIGG DRAWN BY. 14� BEAUFORT, NC 28516 JGG PROJECT#: XXX OF:9 -24' A 615' EXISTING GROUND A' PROPOSED BERM B 1,432' EXISTING GROUND In PROPOSED BERM / / • x NOTE: ELEVATIONS ARE RELATIVE TO NAVD 88 NO. DESCRIPTION BY DATE THOMAS SIMPSON CONSTRUCTION 2401 ARENDELL ST MOREHEAD CITY, NC 28557 CLIENT: NORTH RIVER CLUB 101 MOCKINGBIRD LANE BEAUFORT, INC 28516 PROJECT. NORTH RIVER CLUB MINE SCALE: TITLE: N.T.S. DATE: 05/16/12 : DRAWN BY JGG MINE PROFILE O ARRRoBv: vED JGG PRQIECT No: XX OF:9 SLOPE CREST 0LTA NOTE: STOCKPILES ARE NOT TO EXCEED 3:1 SLOPE THERE WILL BE TEMPORARY STOCKPILES WITHIN MINE EXTENTS AND MAY BE SEEDED IF NECESSARY PROJECT TITLE: PREPARED FOR: DRAWING TITLE: NORTH RIVER CLUB NORTH RIVER CLUB STOCKPILE MINE 110 MOCKINGBIRD CT CROSS SECTION BEAUFORT, NC 28516 To EX. GROUND SCALE. FIGURE#: N.T.S DATE. 05116/12 O DRAWN BY. JGG PROJECT#: XXX OF:9 NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director April 5, 2013 Mr. Brett Michaud Guide Group, LLC PO Box 837 Beaufort, North Carolina 28516 Re: North River Club Mine (Draft Permit) Carteret County White Oak River Basin Dear Mr. Michaud: Pat McCrory, Governor John E. Skvarla, III, Secretary Your application for a mining permit for the above referenced mine site has been reviewed but not yet approved. Enclosed is a draft of the mining permit proposed by the Department. The conditions in the draft permit were based primarily upon information supplied in your application. Other necessary conditions may have been added to ensure compliance with The Mining Act of 1971. The reclamation bond has been calculated for this site using the information submitted in the application (see enclosed worksheet). The bond amount for this site is $33,100.00. The bond is required before the permit can be issued. For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the enclosed draft permit, i.e., Guide Group, LLC. In addition to one of these alternatives you may, upon request, substitute a cash deposit. Please review the enclosed draft permit and the reclamation bond worksheet, and contact this office should you have any objections or questions concerning the permit conditions. G.S. 74-51 provides that the operator has sixty (60) days following the mailing of a notice of the required bond in which to file the required surety. The permit cannot be issued until the required security has been received. No mining may be conducted until the permit is issued. 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. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9220 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: htta://Portal.ncdenr.ora/web/lr/ An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Mr. Michaud Page Two Please contact Ashley Rodgers, Assistant State Mining Specialist, at (919) 707-9220 if you have any questions. Sincerely, fu a Janet S. Boyer, PE State Mining Specialist Land Quality Section JSB/ar Enclosures cc: Mr. Dan Sams, PE File DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Guide Group, LLC North River Club Mine Carteret County - Permit No. * for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: * 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 * 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. 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 (as indicated on the site plan revised August 1, 2012) 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, sediment 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 excavation shall be diverted internal to said excavation. C. Mining activities shall occur as indicated on the site plan revised August 1, 2012 and the supplemental information received by the Land Quality Section on May 31, 2012, August 22, 2012, August 29, 2012, January 15, 2013. All mine permit affected area boundaries (33.58 acres) shall be permanently marked at the site on 100 -foot intervals unless the line of sight allows for larger spacing intervals. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of sedimentation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 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. 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 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): on-site generated land clearing debris conveyor belts wire cables v -belts steel reinforced air hoses drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral and Land Resourcesrip or 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 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 $".00 * 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 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 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 D. 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 following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime - 2000 lbs/acre or follow recommendations from a soil test. Fertilizer - 1000 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 lbs/acre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. 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 nth day of 2013. Tracy E. Davis, Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources APPLICATION FOR A MINE, JPERMIT GWOke v `D up, OGC. 53 Proposed Nov4k ?;ve E. DETERMINATION OF AFFECTED ACREAGE AND BOND Flub Mfne- $ Cck✓-Ecve4 C.cv, 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 ofthe miningpermit. Please insert the approximate acreage for each as ect o the minino operation. that Vou intend to affect durin the h e o this mi permit in addition lease insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs provided with this application form) OR you can deter to the Department to calculate your bond for You based upon vour maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 5. � Aa X $ 500 /Ac. _ $_ Stockpiles: .n Ac. X $ (b 00 /Ac. Wastepiles: I. � Ac. X $ aODD /Ac. _ $ a©0,°� Processing Area/Haul Roads:�, (o Aa X $ 1 �d 00 /Ac. Mine Excavation: c?0, p Aa. X $ 5 OD /Ac. _ $_ 10, O D O, °P Other: srcxccov_ biA bj a,gS Aa X $ I SOD /Ac. _ $ q e TOTAL AFFECTED AC.: 3 , Ac. (TOTAL PERMITTED AC.: Ac.) 5,221 19.gg oc. 23 ac "ivrde 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 33e 5S Ac. b) Positive Drainage Inflation Factor: Ac. X $1,500.00 = $ SUBTOTAL COST: 0.02 X SUBTOTAL COST: $ 55a, Ra X Permit Life (1 to 10 years): INFLATION COST: $ 53 5 a 8 &>b TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 33, 1 -4 a. RD Total Reclamation Bond Cost: i� Od nearest PROJECT TITLE: PREPARED FOR: DRAWING TITLE: SCALE ASSHOWN FIGURE#: NORTH RIVER CLUB NORTH RIVER CLUB DATE: 110 MOCKINGBIRD CT DRAWN BY 06/04N2 RECLAMATION ALTERNATIVE MINING PERMIT JGG BEAUFORT, NC 28516 PROJECT.: xxx A /Y 615' GRASS LINED BERM GRADEOAND SEEDED TO WATERSURFACE ORIGINAL ELEVATION 11 B Bl GRASS LINED BERM NOTE: ELEVATIONS RELATIVE TONAVD88 NO. DESCRIPTION BY DATE THOMAS 8|MPS0NCONSTRUCTION 2401 ARENDELL ST MOREHEADCITY, NC28557 1�32 CLIENT NORTH RIVER CLUB 1O1MOCKINGBIRD LANE BEAUFORT, NC 28516 PROJECT NORTH RIVER CLUB MINE WATER SURFACE SCALE TITLE N.T.S. 06/05/12 DRAM BY JGG RECLAMATION PROFILE Fo-9 APPRO� BY: jr.'r.,