HomeMy WebLinkAbout20090243 Ver 1_Emails_20090325APPLICATION FOR A MINING PERMIT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
Name of Mine Womble Mine County Harnett
River Basin Cape Fear
Latitude (decimal degrees to four places) 35.2607 NAD 83)
Longitude (decimal degrees to four places) 79.1460 (NAD 83)
3
2. Name of Applicant* S. T. Wooten Corporation
3. Permanent address for receipt of official mail**_ P.O. Box 2408
Wilson NC 27894
Telephone (252) 291-5165 Alternate No.
4. Mine Office Address P.O. Box 2408
Wilson NC 27894 Telephone (252) 291-5165
5. Mine Manager R. S. (Butch) Lawter, Jr.
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.
***S
Print Name Richard E. Vick
Title Vice President
Date
* 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 ofreceipt 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:
® 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): 179.97
Of this acreage, how much is owned and how much is leased? Acres owned: 179.97
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 t e 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 F No El. 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 ?. 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 F (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 and Borrow Material
3. Mining method:
? Hydraulic Dredge ? Front-end Loader & Truck ? Shovel & Truck
Dragline & Truck Self-loading Scraper
Other (explain): Backhoe and Trucks
4. a. Expected maximum depth of mine (feet) 14 fect
Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.)
natural ground
b. Expected average depth of mine (feet) 14 feet
APPLICATION FOR A MINING PERMIT
Has any area(s) at this site been mined in the past? Yes ? No
If yes, when and by whom was this activity conducted?
6. Number of years for which the permit is requested (10 years maximum): 10
B. MAPS
Clearly mark and label the location of your mining operation on six 6 copies of a 7.5-minute quadrangle
and a county highway map. These maps, in addition to six (6) copies o a mine maps and reclamation
maps, must be submitted with each permit application.
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 ( roces sing plants maybe 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.
p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or
other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned
or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of
tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be
provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less
and is not designated as an Interstate Highway.
q. Map legend:
1. Name of applicant
2. Name of mine
3. North arrow
4. County
5. Scale
6. Symbols used and corresponding names
7. Date prepared and revised
8. Name and title of person preparing map
APPLICATION FOR A MINING PERMIT
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)
A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment
ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the
mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart
similar to the following will be acceptable:
CATEGORY AFFECTED ACREAGE
Sediment Ponds 3.31
Stockpiles 4.00
Wastepiles 0
Processing Area/Haul Roads 1.30
Mine Excavation 83.93
Other (unexcavated areasibuffers) 4.84
Total Disturbed Acreage 92.54
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.
APPLICATION FOR A MINING PERMIT
C. PROTECTION OF NATURAL RESOURCES
Describe in detail the sequence of events for the development and operation of the mine and reference the
sequence to the mine map(s). Attach additional sheets as needed.
a. The existing entrance, McKoy Town Road on the Womble property will be upgraded to proposed
standard haul/access road.
b. The proposed clearing limits will be established.
c. The proposed erosion control measures will be installed.
d. Excavate sand and borrow material.
e. Any inactive disturbed areas will be seeded and/or stabilized.
f. After completing excavation, the excavation(s) will be seeded and graded to provide positive
drainage toward the creek.
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.
All erosion control measures proposed to be installed on the plans will be implemented prior to
excavation and land disturbance within the affect drainage areas. Temporary sediment basins will be
installed as the mining operations progress and sedimentation control is needed. The proposed disturbed
areas will be graded to drain toward the proposed temporary sediment basins and will be seeded and/or
stabilized. The existing entrance on McKay Town Road will include a construction entrance and
equivalent gravel or paved surface. Dust and sediment from the unpaved portions of the entrance and
mine roads will be controlled by seeding, stabilizing, and/or watering.
3. a. Will the operation involve washing the material mined, recycling process water, or other waste water
handling? Yes ? No ®. 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 Q. Ifyes, briefly describe the nature of the discharge and locate
all proposed discharge points (along with their meMod of stabilization) on your mine map(s).
Will any part of the proposed mine excavation(s) extend below the water table? Yes ? No .
If yes, do you intend to dewater the excavation(s)? Yes No
If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate
in gallons per day: NA . Locate all existing wells on the mine map(s) that lie within
500, feet of tthe proposed excavation area. Provide data to support any conclusions or statements made,
including any monitorin* 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.
There are no private water supply wells known to exist within 500 feet of the proposed mine permit
boundary. The area is served by a public water system.
APPLICATION FOR A MINING PERMIT
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.
We have simultaneously submitted an NPDES general permit application for the site. Withers &
Ravenel of Cary has been contracted to prepare this permit.
4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ? No Z.
If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the
Division of Air Quality or local governing body.
b. How will dust from stockpiles, haul roads, etc., be controlled?
Dust from mine roads and active stockpiles will be controlled by water spray as necessary. Inactive
stockpiles will be temporarily or permanently seeded depending on the season.
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 unexcavated buffer of 25 feet will be maintained between the mining activity and the
permit boundary as shown on the attached plan sheets. A 20' landscaped buffer will be provided
along the northern property boundary. A typical detail is included in the plan set.
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).
Wetland areas shown on the plan sheets were mapped by Withers & Ravenel. The majority of the
proposed permit boundary abuts the wetland boundary or the Cape Fear River buffer. Adjacent to
the wetlands, a minimum 75 foot undisturbed buffer will be maintained between the permit boundary
and unexcavated buffer boundary. Along most of the undisturbed buffer, an additional 25 foot
unexcavated buffer will be maintained between the permit boundary and mining activity.
APPLICATION FOR A MINING PERMIT
6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries
during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and
minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless
technical justification can be provided to allow steeper slopes.
A minimum 25 foot buffer between the mining activity and the permit boundaries will be
maintained. 2:1 slopes will be provided and maintained for the perimeter cut slopes. We feel this
slope is sufficient for an excavation into native soil and can be properly stabilized and vegetated.
b. Provide a cross-section on the mine map(s) for all fell slopes (berms, wastepiles, overburden
disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofany benches
and/or slope drains (with supporting design information) if needed, and the method of final
stabilization.
See attached plan sheets. Temporary stockpiles of excavated material and loading areas will be
located within the excavation limits. These stockpiles will be relocated as necessary as mine
excavation progresses. These temporary stockpiles should be limited to an area of one acre or less.
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 side slope of 2 horizontal to 1 vertical will be maintained for a depth of fourteen feet
(approximate groundwater depth). See attached plan sheets for detail.
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.
Structures listed above are located greater than 300 feet of proposed excavation limits.
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).
The entrance road is currently be secured by a gate. The access road is the only area subject to traffic.
The existing site features, vegetated berms and existing fencing will be used to control access to the
mining area. Signs stating "Danger-Open Pit-Keep Out" and "No Trespassing" will be clearly posted
along the permit limits.
APPLICATION FOR A MINING PERMIT
9. Are acid producing minerals or soils present? Yes ? No 0.
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.
Vegetated earthen berms and existing trees will provide screening of the mine from McKoy
Town Road and residential properties to the north.
b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park,
forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated?
No such areas are located near the mining operations.
It. Will explosives be used? Yes ? No ?.
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 ?.
Ifyes, describe these materials, how they will be stored and method ofcontainment in case ofspill. Indicate
the location(s) of all storage facilities on the mine map(s).
If necessary, diesel fuel for mining equipment may be temporally stored on-site. The aboveground tank(s)
used to store the diesel fuel would be a double walled steel tank(s). The tank(s) would have a capacity of
between 500 and 2,000 gallons. These tanks would be portable and would likely be kept as close to the
mining operation as possible.
APPLICATION FOR A MINING PERMIT
D. RECLAMATION PLAN
Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate
the sequence and general methods to be used in reclaiming this land. This must include the method of
reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment
of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This
information must be illustrated on a reclamation map and must correspond directly with the information
provided on the mine map(s). In addition, design information, including typical cross-sections, of any
permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent
channels must be indicated on the reclamation map.
The entire excavated area will be graded to promote drainage. The side slopes will be graded to a minimum
of 2:1 and seeded. Unexcavated areas will be graded to prevent standing water.
2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ?. No ?.
If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled
cross-section(s) through the proposed body(s) of water. The minimum water depth must be at least 4 feet,
measured from the normal low water table elevation, unless information is provided to indicate that a more
shallow water body will be productive and beneficial at this site.
Will the body(s) of water be stocked with fish? Yes ? No ?.
If yes, specify species.
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
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.
Any waste piles will be graded into side slopes to prevent standing water.
a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways.
Any disturbed areas will be graded and seeded.
b. Will any on-site roadways be left as part of the reclamation? Yes ? No
Ifyes, identify such roadways on the reclamation map and provide details on permanent road and ditch
line stabilization.
APPLICATION FOR A MINING PERMIT
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 401 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.
No off-site waste will be disposed of at the site.
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.
SEE NEXT PAGE
10
APPLICATION FOR A MINING PERMIT
LIME - RATE OF APPLICATION (tons/acre): 2 tons/acre or according to soils tests
FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 500 lbs/acre or according
to soil tests
SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING
SCHEDULE (pounds/acre): [NOTE: Include Legumes]
Seed Types: Seeding Dates: Seeding Rates:
For Shoulders Side Ditches Slopes Max 3:1)
Tall Fescue August 15 - November 1 300 lbs/acre
Tall Fescue & Abruzzi Rye November 1 - March 1 300 lbs/acre
Tall Fescue March 1 - April 15 300 lbs/acre
Hulled Common Bermuda Grass April 15 - June 30 25 lbs/acre
Tall Fescue AND Browntop Millet July 1 - August 15 125 lbs/acre (Tall Fescue)
Or Sorghum-Sudan Hybrids*** 35 lbs/acre(Millet)
30lbs/acre(Sorghum-Sudan Hybrids)
For Shoulders Side Ditches Slopes .(1 _to 2_1
Sericea Lespedeza (scarified) and March 1 - June 1 50 lbs/acre;
use the following combinations:
Add Tall Fescue March 1 --- April 15 120 lbs/acre
Or add weeping love grass March 1 - June 30 10 Ibs/acre
Or add Common Bermuda grass March 1 - June 30 25 lbs/acre
"Tall Fescue AND Browntop Millet June 1 - September 1 125 Ibs/acre (Tall Fescue)
Or Sorghum-Sudan Hybrids*** 35 lbs/acre(Millet)
30lbs/acre(Sorghum-Sudan Hybrids)
Sericea Lespedeza (unhulled/ September 1 - March 1 70 lbs/acre (Lespedeza)
unsearifted) AND Tall Fescue 120 Ibs/acre (Tall Fescue)
AND Abruzzi Rye November 1 - March 1 25 lbs/acre
MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING:
4,000 pounds/acre of straw mulch stabilized by mulch crimper or equivalent tool or tacking with asphalt.
OTHER VEGETATIVE COVERS - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING
SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc):
Buffer/landscaping plan with tree planting details included plan set
Revegetation and/or reforestation plan approved by:
Signature
Date October 7, 2008
Print Name Dale Werenko PE
Title NC P.E. Registration 026495
Agency Withers & Ravenel
11
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
gf'$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 ofthe mining operation that you intend to affect during the life ofthis mining permit (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 or you based
upon your maps and standard reclamation costs:
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE* COST
Sediment Ponds: 3.31 Ac. X $ 500 /Ac. _ S,1655
Stockpiles: 4.00 Ac. X $ 1,800 /Ac. _ $ 7,200
Wastepiles: 0 Ac. X $ 2,000 /Ac. _ $ 0
Processing Area/Haul Roads: 1.30 Ac. X $ 11800 /Ac. _ $ 2 340
Mine Excavation: 83.93 Ac. X $ 500 /Ac. _ $ 41,965
Other (unexcavated areas): 4.84 Ac. X $ 500 /Ac. _ $ 2,420
TOTAL AFFECTED AC.: 97.38 Ac.
(TOTAL PERMITTED AC.: 179.97 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 0 Ac.
b) Positive Drainage _ 97.38 Ac. X $1,500.00 = $ 146,070
SUBTOTAL COST: $ 201,650
Inflation Factor:
0.02 X SUBTOTAL COST: $ 4,033 X Permit Life (1 to 10 years): 10
INFLATION COST: $ 40,330
TOTAL COST = SUBTOTAL COST + INFLATION COST = $241,980
Total Reclamation Bond Cost: $ 241,900
(round down to the nearest $100.00)
12
APPLICATION FOR A MINING PERMIT
F. NOTIFICATION OF ADJOINING LANDOWNERS
The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail,
return receipt requested, to:
(1) the chief administrative officer of each county and municipality in which any part of the permitted
area is located as indicated on the mine map(s);
(2) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor
of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are
within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and
(3) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary which lie directly across and are contiguous to any highway, creek, stream, river,
or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is
owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of
tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel
or less and is not designated as an Interstate Highway.
The only exception to the above method of giving notice is if another means of notice is approved in advance by
the Director, Division of Land Resources.
A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed
"Notice" form (the proposed overall permit boundaries and the names and locations of all owners of
record of lands adjoining said boundaries must be clearly denoted on the tax map).
The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the
Department, with the remainder of the completed application form, before the application will be considered
complete.
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(bl).
SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF
NOTIFICATION"
13
NOTICE
Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that
S. T. Wooten Corporation has applied on October 9 2008
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one):
? a new surface mining permit,
? a modification of an existing surface mining permit to add land to the permitted area; or
? a modification of an existing surface mining permit to add land to the permitted area with no disturbance
in the area proposed. Please note that future modification(s) may be submitted by the applicant to
allow disturbance within this area without re-notification of adjoining landowners.
The applicant proposes to mine sand and borrow material on approximately 226 acres located 4 miles
(Mineral, Ore) (Number) (Miles)
southwest of Lillinyton off/near road McKoy Town Rd.
(Direction) (Nearest Town) (Number/Name)
in Harnett 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:
252-291-5165 . For information on the mining permit application review process, please
contact the Mining Program sta at (919) 733-4574. 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.
S. T. Wooten Corporation
See Attached List of Property Owner's Contact: Richard E. Vick
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) & Company Name, if Applicable)
P. O. Box 2408
October 9 2008 Wilson NC 27894
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
14
?+ C
N U
CL
C o Q
?y U
o C
E N
Co
o
CL
C o
CL
o ? ?S
Q ~
Y
O O M m M O'
p°p M N
m rLn r In
I to
N (n CO 1* oo Go
Co CO 00
0 d OD
to,
, O N N
M''l itO ??i.?}
Na0)INitn
'M N 4". O'CO
' M O N..
to h N
to r? N w M,
'
t7,v,
'cs?t4?t"
Z .r r!r r?r O; t4 t? 4't? Y
O> C" COI w co
N U? O n
a to W!to "'? r W9 i a? 17
f
I I
t f f o Oo ?
ui l to ' La in ? N in
o) ci ! 0) ci of l0)
I
u5 i I
In Ln Ln lo,
(A 0) 0) 0)
i
1
i
I ? I
tO'tO'tp,tn IV
'N:N N
tn
N
W co (D U) tV..
Li
N
r
,
_a
iM1M M
O M M IN
N
?O'M in N'
,
N CO'tq Co M Co Co
!NNIN'uM N.N .
11 co GO co LO
N?NiN. W'.r
N UiOOJL)
`
I 04<1ai
Z
Z
Z LLz z
I z}z;Zi a,
4
I
I ?
I
41 i
'
V OiOOd O
C O uZil O L7",
2, i.
C!• 4) 41 m y
' s L
r d (P Q1.
l
Imim?M;CL
M 7 O N
i
WI
iO u.!v l
Jtxiv?? M,
I
? alwl INI '00
r
w 33 3? ,?.
o
'
I
Q c?0? 0II N
t
i2It
v ,12
-
NIp N
Q 6
0 L df D ? ;
Q
t
0
1
V
Yv
£ ?
0,
?
IC
0 t9
X,!
?
a,m O!ti V I
pl-... 7 ?
Q X121 V J'
I
C4, V- en co
R
Ln (a In C4
co le (01 N
O
r r r,Q oY7 M M r r
? m
! C
V m
E C
a
lr
l W'
Y
c
l
m 7 '' d
? ILI JI 0 I E I v
? kY' --t?
Z
I
N'
? Chi
O C? _
0
V)
co ET ,
C N
d? dl c,
4)
c c='r- l ?
'c s R I U. Ei« .1e
o v eo
V' ViW?to v 31y'> v
CJ d r: , d .C
C o .i? N;
O 21= O t d !V y 'C
PI'S C C
l0
lz U LL:l3?u 5) a c U
rL 0 N M, -4 tnIto:
G
0 hi Go, 0)
?a
APPLICATION FOR A MINING PERMIT
AFFIDAVIT OF NOTIFICATION
1, Richard E. Vick , an applicant, or an agent, or employee of an
applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area,
from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the
following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of
the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit
boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail,
return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form
provided by the Department:
(Adjoining Landowner Name) (Address)
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)
[i.e.: City Manager, County Manager, Mayor, etc.]
Neil Emory Harriett County Manager
(Address)
102 E. Front St. Lillington NC 27546
The above attestation was made by me while under oath to provide proof satisfactory to the Department that a
reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land
that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the
applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are
within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in
which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b1) and 15A NCA.C 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.
Signature of Applicant or Agent
Date
If person executing Affidavit is an agent or employee of an applicant, provide the following information:
Name of applicant: Richard E. Vick
Title of person executing Affidavit Vice President
I,
a Notary Public of the County of
State of North Carolina, do hereby certify that
appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her.
Witness my hand and notarial seal, this day of 20
Notary:
15
my Commission expires:
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 Muting 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
maybe reasonably necessary an d to take whatever actions as maybe reasonably necessary in order to carry out reclamation
which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59.
LANDOWNER:
Signature: -''
Signature: ?kC uF ????al,,l t`
Print Name: (S-, Oiainu WomL;'c
(Title, if applicable)
Company
Address: \_9uiris0»i ]Z"I._
I,illin;Xti;n. ^tiC' 27??6
Telephone: ; 9! t,a
Date Signed: - n?
APPLICANT:
Signature:*
Print Name: P ; c htrd V V* kl.
Title: Vlcu
Company: `+. 'I . A\ o(.)1Cn C orjvli 1ti0.11
Mine Name: A\ OMI)Ik: ?9 nc
Telephone: (`9 ! ;,1 r,
Date Signed:
*Signature must be the same as the individual who signed Page 1 of this application.
16
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:
l ?A ? 4
Signature: r ic?l%1 '
Signature: : ?1)? r'ri Nr'a ?,?
h??n,ns
Print Name: _I}'lk ?\'- \N aiidi I
(Title, if applicable)
Company
(If applica e)
Address: I 10 11CK0v I M1 11 I:0.
Telephone: 8()t 1--H) 'I U
Date Signed:
APPLICANT:
Signature: *
Print Name: R; h<u (! 1, V A
Title: ?iC? I'rr5itl?i?t
Company:
MineName: Womh1c A1111C
Telephone: (2 5') 1 O 1-> 10
Date Signed:
*Signature must be the same as the individual who signed Page 1 of this application.
17
APPLICATION FOR A MINING PERMIT
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or
operation during regular business hours for the purpose of making necessary field inspections or investigations as may be
reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56.
We further grant to the Department or its appointed representatives the right to make whatever entries on the land as
may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation
which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59.
LANDOWNER:
Signature:
Print Name: I-111\ ti. Ihu3na?.
(Title, if applicable)
Company ('irclr I (,,+il?r (_ nli
(If applicable)
Address: 1610 ;N-1eKm, fov?,i 1kd.
Cameron. NC283?()
Telephone: (,1) 1 (1)') 89 u-1O1 ()
Date Signed:
APPLICANT:
Signature:*
PrintName: (?iehvd } Fick
Title: Vice Prcmdent
Company: S. J. ?kootcn (,() rt)ortltiun
Mine Name: 1V'omble 1v1111C
- - -- ----- ---- -- --- ------- ---
Telephone: ('25 ()5
Date Signed:
*Signature must be the same as the individual who signed Page 1 of this application.
One original and live (5) copies of the completed application, six (6) conies of all location mans. mine mans and
reclamation maps, and the appropriate rocessine fee see next page or fee schedule) in the form a check or money
order payable to the North Carolina Department o Environment and Natural Resources must be sent to the Land
Ouality Section Central Office at the address listed on the front cover of this application form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-
4574.
18
December 11, 2008
Mr. R. S (Butch) Lawter, Jr., PE
S.T. Wooten Corporation
PO Box 2408
Wilson, North Carolina 27894
RE: Womble Mine
Harnett County / Cape Fear River Basin
Dear Mr. Lawter:
The application for a mining permit for the above referenced mine site has been found
to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As your company already
has a blanket bond sufficient to cover this application, I am enclosing the mining permit.
The conditions of Mining Permit No. 43-42 were based primarily upon information
supplied in the application with conditions added as necessary to insure compliance with The
Mining Act of 1971. This permit expires on December 11, 2018. G.S. 74-65 states that the
issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement
of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any
agency or department of the State of North Carolina.
As a reminder, your permitted acreage at this site is 179.97 acres and the amount of
land you are approved to disturb is 92.54 acres.
Please review the permit and contact Ms. Ashley Rodgers, Assistant State Mining
Specialist, at (919) 733-4574 of any objection or questions concerning the terms of the permit.
Sincerely,
Floyd R. Williams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRW/ar
Enclosures: Permit No. 43-42
Notice of Issuance
cc: Mr. Steve Cook
Ms. Shannon Deaton -WRC, w/permit
Mr. Bradley Bennett-DWQ, w/permit
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
US Fish and Wildlife Service, w/ permit
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
For the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, " The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
S.T. Wooten Corporation
Womble Mine
Harnett County - Permit No. 43-42
for the operation of a
Sand Mine and Borrow Pit
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: December 11, 2018
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, 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 the 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
Whenever 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 December 11, 2018.
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 Management Commission. It shall be the permittee's responsibility
to contact the Division of Water Quality to secure any necessary stormwater
permits or other approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary shall
be utilized to prevent dust from leaving the permitted area.
3. A. Sufficient buffer (minimum 75 foot undisturbed) shall be maintained between any
affected land and any adjoining waterway or wetland to prevent sedimentation of
that waterway or wetland from erosion of the affected land and to preserve the
integrity of the natural watercourse or wetland.
B. Any mining activity affecting waters of the State, water of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes,
check dams, sediment retarding structures, rip rap pits, or ditches shall be provided
in the initial stages of any land disturbance and maintained to prevent sediment
from discharging onto adjacent surface areas or into any lake, wetland or natural
watercourse in proximity to the affected land.
B. Mining activities, including the installation and maintenance of the approved
sediment basins and associated diversion channels, shall be conducted as
indicated on the Mining Permit Plans last revised December 5, 2008 and the
supplemental information received on October 23, 2008, November 4 and 6, 2008,
November 14, 2008, November 19, 2008, November 21, 2008, November 24,
2008, December 2, 2008, and December 5, 2008.
5. All affected area boundaries (92.54 acres) shall be permanently marked at the site on
100-foot intervals unless the line of sight allows for larger spacing intervals.
6. The angle for graded slopes and fills shall be no greater than the angle, which can be
retained by vegetative cover or other adequate erosion control measure, structure, or
device. In any event, exposed slopes or any excavated channels, the erosion of which
may cause off-site damage because of siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to restrain such erosion.
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.
Page 4
8. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9. Sufficient buffer (minimum 25 foot undisturbed) shall be maintained between any
excavation and any mining permit boundary or right-of-way to protect adjacent property.
10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained
around the perimeter of any highwall.
11. A. No on-site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse 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 Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on-site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts
5. steel reinforced air hoses
6. drill steel
D. If mining refuse is to be permanently disposed within the mining boundary, the
following information must be provided to and approved by the Division of Land
Resources prior to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and
5. verification that a permanent vegetative groundcover will be established.
Page 5
12. 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.
13. 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 and any approved revisions to
it. Approval to implement such changes must be obtained from the Department prior to
on-site implementation of the revisions.
14. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00
blanket bond, is sufficient to cover the operation as indicated in the approved
application. This security must remain in force for this permit to be valid. The total
affected land shall not exceed the bonded acreage.
15. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant archaeological
resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act, " should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.
Page 6
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G.S. 74-53
The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
Provided further, and subject to the Reclamation schedule, the planned reclamation
shall be to regrade and satisfactorily revegetate any disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for planned
future use are as follows:
A. All the final perimeter sideslopes shall be graded to a 2 horizontal to 1 vertical or
flatter slope.
Page 7
3
4
B. Any settling ponds or sediment basins shall be backfilled and stabilized.
C. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before
revegetation.
E. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Condition 11A through D.
F. The affected land shall be graded to prevent the collection of noxious or foul
water.
Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the
revegetation plan approved by R.S. Lawter, Jr., PE of S.T. Wooten Corporation on
October 10, 2008.
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.
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 11th day of December 2008.
By:
James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources
NOTICE OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed as an adjoining landowner
in the application for a mining permit filed by S.T. Wooten Corporation to conduct mining
activities off McKoy Town Road in Harnett County. The mining permit (no. 43-42) was issued
on December 11, 2008.
North Carolina law allows persons aggrieved by the issuance of a mining permit to
contest the decision by filing a petition for a contested case in the Office of Administrative
Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA).
If you believe that you are an aggrieved party within the meaning of the APA, a petition
for a contested case must be filed in the Office of Administrative Hearings within sixty (60)
days of the mailing of this notice to you.
If you file a contested case petition, it must be in writing and in the form prescribed by
N.C. General Statutes 15013-23. File the original petition and one copy with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.
Any questions about filing a petition may be directed to the Clerk of the Office of
Administrative Hearings by telephoning (919) 733-0926.
You must serve the Department of Environment and Natural Resources by mailing a
copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel,
Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC
27699-1601.
James D. Simons
Director
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
This notice was mailed on
Brenda Harris
Mining Program Secretary
O?O? W AT ?9pG
o -c
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H Sullins, Director
Division of Water Quality
November 20, 2008
Mr. Richard E. Vick
S.T. Wooten Corporation
1617 McKoy Town Road
Cameron, NC 27894
Subject: General.Permit No. NCG020000
Womble Mine, NCG020739
Harnett County
Dear Mr. Vick:
The Division of Water Quality's Stormwater Permitting Unit received a National Pollutant Discharge
Elimination System (NPDES) permit application for Womble Mine on October 27, 2008. The application
included a copy of an associated application for a mining permit submitted to the Division of Land Resources
(DLR). Please be aware that the issuance of an NPDES permit is contingent upon the issuance of an
associated mining permit from DLR. Our office will process your stormwater permit application once a
DLR mining permit has been issued for your project.
In order to review your stormwater application completely we will need the following information:
1. A copy of the wetlands and stream delineation signed by the U.S. Army Corps of Engineers.
2. A full set of plans with stormwater outfalls marked clearly and numbered.
3. A copy of your PCN application to the U.S. Army Corps of Engineers (404).
4. A copy of your NC DENR DLR Mining permit application.
It may be necessary for you to obtain written concurrence for a 401 water quality certification from the
NC Division of Water Quality Wetlands Unit. Please notify me when you have obtained this certification.
If you have any questions concerning the NPDES permit approval process, please contact me at
telephone number (919) 807-6379.
Sincerely,
Jennifer ones
Environmental Engineer
cc: Fayetteville Regional Office, Mike Lawyer
DWQ, Wetlands & 401 Unit
Central Files
Stormwater Permitting Unit Files
N?`hCaro ina
Xatura))
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service
Internet: www.ncwatera lity or¢ Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807-6494 1-877-623-674$
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Emailing: WOmbe Mine NOI
Subject: Emailing: WOmbe Mine NOI
From: Jennifer Jones <Jennifer.Jones@ncmail.net>
Date: Wed, 25 Mar 2009 11:19:13 -0400
To: Ian McMillan <ian.mcmillan@ncmail.net>
The message is ready to be sent with the following file or link attachments:
WOmbe Mine NOI
Note: To protect against computer viruses, e-mail programs may prevent sending or
receiving certain types of file attachments. Check your e-mail security settings to
determine how attachments are handled.
Jennifer Jones
Environmental Engineer
NCDENR DWQ Stormwater Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
512 N. Salisbury St, Raleigh, NC 27604
Phone: (919) 807-6379
Fax: (919) 807-6494
Email: jennifer.jones(ancmail.net
Website: http://h2o.enr.state.nc.us/su
**E-mail correspondence to and from this address may be subject to the North
Carolina Public Records Law and may be disclosed to third parties.**
WOmbe Mine NOI.pdf Content-Type: application/pdf
Content-Encoding: base64
1 of 1 3/25/2009 11:23 AM