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HomeMy WebLinkAboutNCG020786_COMPLETE FILE - HISTORICAL_20160301STORMWATER DIVISION CODING SHEET RESCISSIONS PERMIT NO. //vC/ C� DOC TYPE ❑COMPLETE FILE -HISTORICAL DATE OF RESCISSION ❑ o2b/(o 6 3 U/ YYYYMMOD Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY Mr. Marty R. Hurdle Marty Hurdle Sand Mine 355 Siring Gate Road Hertford, NC 27944 Dear Mr. Hurdle: PAT MCCRORY Golumm. DONALD R. VAN DER VAART Seu•erarp TRACY DAVIS March 1, 2016 JXreefor Subject: Rescission of NPDLS Stormwater Permit Certificate of Coverage Number NCG020786 Perquimans County On December 4, 2015, the Division of Energy, Mineral and Land Resources received your request to rescind your coverage under Certificate of Coverage Number NCG020786. In accordance with your request, Certificate of'Coverage Number NCG020786 is rescinded effective immediately. Operating a treatment facility, discharging wastewater or discharging specific types of Stormwater to graters of the State without valid coverage under an NI'DI'ES permit is against federal and state laws and could result in Fines. If something changes and your facility would again require Stormwater or wastewater discharge permit coverage, you should notify this office immediately. We will be happy to assist you in assuring the proper permit coverage. Ifthe facility is in the process of'being sold, you will be performing a public service ifyou would inform the new or prospective owners of their potential need for NPDLS permit coverage. ('You have questions about this matter, please contact us at 919-707-9200, or the Stormwater staff in ourWaSh)..Y Dn Regional Office (252) 946-6481, Sincerely, for "Tracy L. Davis, PL, CPM, Director Division of Lncrgy, Mineral and Land Resources cc: Washington Regional Office Stormwater Permitting Program Central Files - w/attachments State of North Carolina I Einvironmental Quality I Energy, Mineral and Land Resources 1612 Mail Scn'ice Center 1 512 Notch Salisbury Street I Raleigh, North Carolina 27699-1612 919 707 9220 T r� ' •0 Division of Energy, Mineral & Land Resources Land Quality Section/Stormwater Permitting Program NCDENRNational Pollutant Discharge Elimination System NDW( GRoVN* DEPARTMENT OV FN�RONMENT eu0 NATU�LL Rr_eWnC[! RESCISSION REQUEST FORM FOR AGENCY USE ONLY Date Received Year Month Day Please fill out and return this form if you no longer need to maintain your NPDES stormwater permit. 1) Enter the permit number to which this request applies: Individual Permit (or) Certificate of Coverage N; :-C. S N:. "C, ,G 0 2 0 7 '8 6 2) Owner/Facility Information: * Final correspondence will be mailed to the address noted below Owner/Facility Name Marty Hurdle Sand Mine Facility Contact Street Address City County Telephone No. Marty R. Hurdle 355 Swing Gate Road Hertford Perquimans 252-426-9155 State NC _ ZIP Code 27944 E-mail Address crawdaddy252@embargmail.com Fax: NA 3) Reason for rescission request (This is required information. Attach separate sheet if necessary): ® Facility closed or is closing on August 2014 , All industrial activities have ceased such that no discharges of stormwater are contaminated by exposure to industrial activities or materials. ❑ Facility sold to c".-:;:''i on If the facility will continue operations under the new owner it may be more appropriate to request an ownership change to reissue to permit to the new owner. ❑ Other: 4) Certification: I, as an authorized representative, hereby request rescission of coverage under the NPDES Stormwater Permit for the subject.facility. I am familiar with the information contained in this request and to the best of my knowledge and belief such information is true, complete and accurate. Signature ` ! Date DP.CPmhPr 1, 2015 May R_ Hurdle r)vunar Print or type name of person signing above Title Please return this completed rescission request form to: NPDES Permit Coverage Rescission Stormwater Permitting Program DEC d 4 2015 1612 Mail Service Center Raleigh, North Carolina 27699-1612 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 Phone: 919-807-63001 FAX: 919-807-6492 Y An Equal Opportunity 1 Affirmative Action Employer 1 r� Alexander, Laura From: Edgerton, Thom Sent: Thursday, February 25, 2016 231 PM To: Alexander, Laura Subject: RE: NCG020786 Rescission Request - Perquimans County Follow Up Flag: Follow up Flag Status: Flagged Hello, The mine was released on 915J2014 and the general SW permit may be rescinded. Please let me know if you need additional information. Thanks, Thom Thom Edgerton Env+ronmental Engineer Division of Energy, Mineral and Land Resou(ceS Land Quality Section} Department of Environmental Quality 252 946 6481 office thom.edgerton(c�ncdenr.go_v Washington Regional Office 943 Washington Square Mal! Washington, North Carolina 27888 1--piu 17 cwrespooclF;nre it. ',';n; i L:: .'r n:: r=ct to i)jryrr, _. rod-ra D[ihllc R ocr, r4 Nfir(i dal •r.. From: Alexander, Laura Sent: Thursday, February 25, 2016 12:18 PM To: Edgerton, Thom <thom.edgerton@ncdenr.gov> Subject: FW: NCG020786 Rescission Request - Perquimans County Good Afternoon, Have you had a chance to inspect? Just following up Qr: W reLbssior ',quests this week. Thank you, Laura From: Alexander, Laura Sent: Thursday, January 14, 2016 9:06 AM To: Edgerton, Thom <thom.edgerton ncdenr.gov> Subject: NCG020786 Rescission Request - Perquimans County I 4 rw NCDENR Npm. CiT%Uw OP+R*Kwr OF Cw��Ow.+[M u.o NwV11hL RoaiRcea Division of Energy, Mineral & Land Resources Land Quality SectionlStormwater Permitting National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date Received Year Month Day I. Please enter the permit number for which the change is requested. NPDFS Permit (or) Certificate of Coverage N C S 0 N. G G 0 2 4 7 8 6 II. Permit status prior to requested change. a. Permit issued to (company name): Marty R. Hurdle b. Person legally responsible for permit: Marty R Hurdle First MI last Owner Title 355 Swing Gate Rd _ Permit Holder Mailing Address Hertford NC 27944 City Stale zip (252) 426-9155 ( } Phone Fax c. Facility name (discharge): Marty Hurdle Sand Mine d. Facility address: 355 Swing Gate Rd Address Hertford NC 27944 City State Zip e. Facility contact person: Marty R. Hurdle (252) 426-9155 First 1 MI / Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ❑ Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to (company narne): c. Person legally responsible for permit: JUN 0. 9 2014 I : A-1', W► p . Brsi h'• _ - ��- d. Facility name (discharge): e. Facility address: f. Facility contact person: First MI Last Title Permit Bolder Mailing Address City State zip Phone L-mail Address Address City State Zip First MI Last ( ) Phone I;-tnail Address I V. Permit contact information (if different from the person legally responsible for the permit) Revised Jan. 27, 2014 • NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Permit contact: Ken Elliott I' irst M 1 Last Consultant Title PO Box 112 Mailing Address Aydlett NC 27916 City State Zip (252) 339-9021 ken a kenobx.com Phone I; -mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) V1 Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE Oil MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages ofa. contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not suiiciett for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, Ken Elliott, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature APPLICANT CERTIFICATION May 21, 2014 Date I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Storinwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27. 2014 Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWQ SPU. Send a copy to the permittee. - 1% MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY I Hib St(: I IUN I U tit I-ILLtU UU I tIY ULMLK: Project Name: Marty Hurdle Sand Mine DEMLR Permit #: 72-22 County: Perguimans Applicant's Email: Ken Elliott (consultant): ken(dkenobx.co_m Applicant's Mailing Address: 355 Swing Gate Road, Hertford, NC 27944 Mine Physical Address: same as above YES NO Date Commencing Is this mine a new mine? IJ R Original permit issued 6/10/11 Have land disturbing activities started? Date? r 6/10/11 Latitude:36.2266 Longitude:-76.4212 Please return comments to (at DEMLR CO): Ashley Rodgers Comments due by: 2/22/1 SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality? No Comments: Modification application looks good in respect to the DWQ dewatering permit_ Watershed/Stream Name & Classification: Pasquotank River Basin / Mill Creek / Class C; Sw (30-6-5-(1)) DWQ Compliance Status of Mine: Compliant Does this mine (or previous owner) have DWQ back fees to pay? No If yes, amount: Is this mine an active permit in BIMS? Yes, NCG020786 YES NO NPDES permit required? i NPDES permit existing? RED #NCG020786) r If an NPDES permit is not required, is DWQ still concerned about wetland degradation r by dewatering? Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if r RO Contact Name: mine has already begun digging or is Contact Reason: dewatering without DWQ permit) 401 Wetland Cert. required? - IJ 401 Wetland Cert. existing? C3 - Permit # r Print this form to PDF Return PDF of this form to DEMLR CO by email, cc DEMLR RO, D WQ SPU. Send a copy to the permittee. Does DWQ RO haye enou�g' h' information to determine ifta 401 certification is required? ; 3 _. - Print this form to PDF Retum PDF of this form to DEMLR CO by email. cc D1:MLR RO, DWQ SPU. Send a copy to the permittee. YES NO Are wetlands disturbed at this site? Does DWQ RO suspect or know of nearby r r wetlands to the site? E,JD Is a wetland delineation required prior to r�Consultant� DWQ issuing the permit? 10 Onsite? Ri Offsite? Stream Determination Needed? r I✓o Stream Determination Completed? r Does DWQ RO need a statement that no wetlands/streams are disturbed r r . for this project from applicant? Buffer Determination Needed? Buffer Determination Completed? Ci R6 Recycle system permit existing?* r Permit # t New,Recycle System permit required?*Wei r Enough information to determine? Non -discharge permit existing?* r . Permit # 9] Does this applicant need to contact the regional of Central DWQ Office to r r determine if a State Stormwater Permit is needed? r Unknown. Will wastewaters discharge to HQW waters IJ r .7Q10 Permittee must with a 7Q10=0? ** Flow: determine. IJ Has Violation r O&M Requirements r HQW17Q10 Concerns r ] Pay back fees or renew Does DWQ require DEMLR to hold the DWQ it further DWQ permit permit (e.g. so can review or IJ ' Other. because DWQ requires more information)? Please describe the reason to hold the permit: RO contact: nj Hold Until: Mine must wait to dewater until an O&M plan is r ' ICJ ' O&M already approved approved? 'The NPDES SW and WW perm t NCG020000 covers closed -loop recycle systems, designed_to exclude all stonnwater run-off from the system and operate at or below two -feet of freeboard. These systems may be permitted by a Non -discharge Recycle System Permit from the Aquifer Protection Section (A PS), OR may instead be permitted under NCG020000 to eliminate an additional permit. Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWQ SPU. Send a copy to the pennittee. r . Recycle systems that do not meet those criteria are considered discharging systems, and are subiect to the NCG020000 discharge permit. **To obtain 7Q10 flows, pennittees must contact the DWQ Stormwater Permitting Unit. If DWQ does not have a flow estimate fora specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies. *** If there is not enough information to give a complete answer, write in the space provided whet you will need to answer this question completely. If you require DEMLR to hold the permit until further notice, indicate that in the question below. Reviewed bv: DWQ RO Surface Water: Scott Vinson Regional Office: Waste Date: 2f20113 RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable): Patterson, Robert From: Vinson, Scott ,, Sent: Monday, June 13, 2011 4:43 PM To: Patterson, Robert Cc: Dumpor, Samir Subject: RE: NCG020786 - Marty Hurdle Sand Mine Attachments: 2011-0372.pdf Robert, The last hit of needed information was about whether the drainage feature on site were ditches or streams was conducted by Chris Pullinger and is attached. Chris did not call the feature a stream which will allow Mr. Hurdle to place several check dams within the feature to help per DLR with erosion and sediment control. I'm good with the 0&M. Thanks, Scott `W Please consider the environment before printing this e-mail. *E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Pullinger, Chris Sent: Monday, June 13, 2011 4:39 PM To: Vinson, Scott Subject: Marty Hurdle stream determination letter 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. Chris Pullinger Environmental Specialist NC Division of Water Quality Surface Water Protection Section Washington Regional Office www.ncwaterg ua I ity.or� 252.948.3920 As of April 2009, my new e-mail address is: chris.pullinger@ncdenr.gov .' 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 3, 2011 Marty R. Hurdle 355 Swing Gate Road Hertford, NC 27944 DWQ Project # 201 1-0372 Perquimans County Subject Property: Marty Hurdle Sand Mine - Hertford, NC UT to Mill Creel, Perquimans River Basin On -Site Determination of Surface Waters of the State of North Carolina Dear Mr. Hurdle: At your request I conducted an on -site determination to review a drainage feature located on the subject property to identify any streams that would qualify as surface waters. The project area is labeled as "201 1-0372" on the attached map initialed by me on May 3, 2011. "rhe project is located on the north side of SR 1227, approximately 0.75 miles north of the intersection of SR 1227 and US HWY 17. The Division of Water Quality (DWQ) has determined that the surface water that is circled, highlighted in red, and labeled as "2011-0372" on the attached map appears to be it man-made ditch that would not he considered to be considered a natural stream. This feature may be considered a jurisdictional feature by the U.S. Army Corps of Engineers. This feature should be identified on any future plans for this property. The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ, 401 Oversight/Express• Review Permitting Unit, 2321 Crabtree Blvd.., Suite 250, Raleigh, NC 27604-2260.. Individuals that dispute a determination by the DWQ or Delegated Local North Carolina Division.or Watcr Quality Inlemet: �_w�rncwarerc�uatitY,arp 943 Washington square Mall Phone: 252-946-6481 OIle. Washington, NC 27889 FAX 252-94fi-9215 Nort.hCal ohna An Equal OpportunitylAf iirmative Action Employer — 50% RecycleN10% Post Consumer Paper Aawally Page 2 o I.—) Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recomniends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, Which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714, ]'his determination is final and binding unless you ask for a hearing within 60 clays. This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information please call me at (252) 948-3920. Sincereiy, Chris Pullinger Division of Water Quality Surface Water Protection Washington Regional Office E11CI0sl1reS: 1:24,000 scale USGS topographic map, Hertford quadrangle cc: DWQ 401 Oversight/Express Unit WaRO File Copy Ken Elliott, 622 Rocky }-lock Creek Road, Edenton NC 27932 USACE, Washington field Office - Attn: Kyle Barns WaRO DLR - Attn: Gary Novak F i lerrnme: 20 i 1-0372 k1 7-rFA '.; NCDENR North Carolina Department of Environment and Natural Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist April 8, 2011 Certified Mail Return Receipt Requested 7008 1300 0000 1125 2745 Mr. Marty R. Hurdle 355 Swing Gate Road Hertford, North Carolina 27944 RE: Marty Hurdle Sand Mine Perquimans County Pasquotank River Basin Dear Mr. Hurdle: Resources Beverly Eaves Perdue, Governor Dee Freeman, Secretary We have reviewed the application you submitted for the above referenced mine site. However, the following information is needed to continue processing your application: Please find enclosed comments from the Division of Water Quality regarding the proposed operation. Provide proof you have obtained an approvable Operation and Maintenance Plan and have obtained any necessary permits from the US Army Corp of Engineers and Division of Water Quality for the installation of the four check dams in the stream. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, N. C. 27699-1612 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919.733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:http://www.dIr.enr.state.nc.us/pages/landqualitysection,htmI An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper i Certified Mail Mr. Hurdle Page Two As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180 day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, !! J dith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosure - DWQ Comments cc: Mr. Pat McClain, PE Mr. Ken Elliott — 622 Rocky Hock Road, Edenton, NC 27932 Ms, Jennifer Jones - DWQ D Scott Vinson NC Department of Environment and Natural Resources Division of Water Quality Surface Water Protection Section 943 Washington Square Mall Washington, NC 27889 Dear Mr. Vinson, Elliott Consulting 622 Rocky Hock Creek Road Edenton, North Carolina 27932 Phone. 252-339-3206 MAR 2 3 2011 I am writing this as an agent for Mr. Marty Hurdle, Marty Hurdle Sand Mine, Hertford, NC, in regards to a DLR mining permit application #72-22, and NPDES General Permit application #NCG020786. This letter is serving as an addendum to a revised O&M Plan sent to you on February 23, 2011. On page 3 of the O&M Plan, under the section titled Sediment & Erosion Control, Mr. Hurdle needs to make a change regarding the proposed hydration swales. It was originally proposed to have two 300ft swales located on the east and west sides of the excavation, to be used to maintain hydration of the adjacent wetlands. The needed changes to this plan are as follows: The western Swale will remain as proposed except that the swale will be constructed as a continuous 300ft swale instead of a series of three 10011 overlapping swales. The western swale is being constructed so that overflow during heavy rainfall events will drain back into the excavation from the northern, lower end of the swale. There will be no riprap rock baffle constructed in the middle of the swale for overflow protection, and all overflows will go directly back into the pit. This will prevent the possibility of any erosion occurring outside of the excavation and permit area while still allowing natural groundwater hydration of the wetland. It is to Mr. Hurdle's advantage to retain as much water as possible in the excavation as one of the main purposes of the excavation is to provide a source of water for his crawfish operation. « It will not be necessary to construct a hydration swale on the east side of the excavation. The wetland adjacent to the eastern side is already being continuously hydrated by an existing 0.89-acre sand -bottom commercial striped bass pond owned by Mr. Hurdle and located at the headwaters of that wetland 390 feet east of the proposed excavation. It is noted on the previously submitted mine overview map that the delineated wetland encompasses the southern end of this existing pond. The existing 4 Elliott Consulting pond is kept full 100% of the time, and maintains hydration of the wetland easily. As stated on the previous O&M Plan, visual monitoring of adjacent wetlands for potential dehydration during mining or dewatering activities will take place weekly, soil samples and water levels in the swamp will be taken bi-weekly and documented, photography of the wetland areas will be done monthly or as needed and documented. Mr. Hurdle does hereby request NCDENR to expedite his permit applications and will be glad to answer any questions. Regards, Ken Elliott Elliott Consulting 3/10/2011 D Page 2 t" l All. �s "Y . 't 1'+� JJrr`` it - � t-' S .t � .7� _ i �^ c�'•` � ` f3: L� �j �M ADJACENT WETLAwDS 944 F=EROUWANS COUNTY 4 f ti.T �'tj Ty? • l �' �f`" r? i't�a � � r;�5, ' ijc 4CI�.j�j,�,_; •fir � � ' �.1 �� ''' � � .5". ; Y ,, .+4.-ty � y, , �f- : j�rE'_ .� ray i �i" �,; a„T r w ,'?i �}�r� ��1� �?`r-��,*�.� I _ � � - , 7� �:� •ter r' n r. "yF Y ; '..rig- .: •' r �isl. �. j���'S '4 r•.. 1. 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D Scott Vinson NC Department of Environment and Natural Resources Division of Water Quality Surface Water Protection Section 943 Washington Square Mall Washington, NC 27889 Dear Mr. Vinson, Elliott Consulting 622 Rocky Hock Creek Road Edenton, North Carolina 27932 Phone: 252-339-3206 FEB 2 4 2011 I am writing this as an agent for Mr. Marty Hurdle, Marty Hurdle Sand Mine, Hertford, NC, in regards to a DLR mining permit application # 72-22, and NPDES General Permit application # NCG020786 . As a result of an on -site inspection by Mr. Gary Novak and request for further information, and a request for further information from Mr. Scott Vinson, I am addressing the issues noted and submitting a revised mine map and O&M plan. The requests for further information from Mr, Novak and Mr. Vinson are addressed here as follows: 1. Access rod culverts: Access road culverts location and size are shown on the attached revised mine map. Erosion and sediment control for these culverts and construction details are attached to this letter. 2. Check dams: Rock check -dams will be constructed in blue -line creek drainage ditch adjacent to southern access road to prevent erosion and restrict sedimentation from reaching downstream wetlands. Locations are shown on revised mine map and construction details are attached to this letter. 3. Construction entrances: Two temporary construction entrances and their locations are shown on the attached revised mine map. Construction details are attached to this letter. 4. Peninsula: 1-acre peninsula shown on current mine and reclamation maps is classified as excavated area at this time in order to prepare for potential final phase excavation at end of permit life. Depending on conditions at that time, Mr. Hurdle will decide to either excavate the peninsula back to a line from Point A to Point B on the mine map, or to leave the peninsula in place at that time. Either way, all side slopes will be reclaimed per permit specifications. 5. Northeastern access road across wetlands: Per my conversation with Mr. Vinson, and letter from him on Feb. 15, 2011, it is understood that this access road is not a •--------------------------------------------------------------- ------------------------------------------------------------ DD MAR 1 2011 DENR • WATER 01?AS Wedanda 8 a Branch 0 Elliott Consulting proposed road, but rather, it has existed for some time. This access is not to be improved except for the culvert, and it will not be used for mine equipment traffic. O&M plan has been revised as such. 6. Outlet protection for 3 piped discharge outfalls: Discharge outfall protection (riprap lined apron) will be constructed for all 3 mine dewatering overflow outfalls. Locations are shown on mine map and construction details are attached to this letter. 7. Hydration swales: Two groups of 3 100-ft hydration swales will be constructed at beginning of excavation process and will be put into operation during all dewatering operations. Locations are shown on the mine map and construction details are attached to this letter. 8. Wetland monitoring: Visual monitoring of adjacent wetlands for potential dehydration during mining or dewatering activities will take place weekly, soil samples and water levels in the swamp will be taken bi-weekly and documented, photography of the wetland areas will be done monthly or as needed and documented. 9. Due to proximity of adjacent wetlands, all dewatering activity will be documented regarding date and length of activity. 10. Dirt and gravel access roads and new State Stormwater management rules: Both access roads to this excavation area were pre-existing prior to October 1, 2008. The southern access road has been improved for mine equipment usage by addition of some slag gravel to stabilize it through low areas, and 2 temporary construction entrances (one 15'x50' and one 10'x50) are being built. Mr. Hurdle will apply for an additional State Stormwater permit if required by NCDENR. Mr. Hurdle does hereby request NCDENR to expedite these permit applications and will be glad to answer any further questions. Regards, Ken El t lf Elliott Consulting 2/23/2011 D Page 2 OPERATION AND MAINTENANCE PLAN SAND MINE DEWATERING AND WATER CONTROL STRUCTURE Operator: Marty R. Hurdle, 355 Swing Gate Road, Hertford, NC 27944 Job Location: Marty Hurdle Sand Mine, 355 Swing Gate Road, Hertford, NC 27944 County: Perquimans County Prepared by: Ken Elliott, consultant Date: December 31, 2010, Revised February 23, 2011 This plan defines responsibilities for operating, inspecting, and maintaining equipment and structures used for constructing and dewatering the Marty Hurdle Sand Mine safely, and that dewatering will not degrade or negatively impact any wetlands or waters of the state. Description and Operation of the Marty Hurdle Sand Mine & Dewatering Process: Marty Hurdle Sand Mine is a proposed new 4.7 acre excavation located 3 miles east of Hertford, NC on high sandy land currently under cultivation with pasture and pine trees. There is an existing 0.57 acre pond (Pond C) located 450 feet northeast of the proposed new excavation, and an existing 1.48 acre crayfish pond (Pond D) located adjacent and east of Pond C. Pond C & D are connected by a 25ft x 8in culvert buried under a causeway separating the two. Mr. Hurdle intends to use Ponds C & D when dewatering the new excavation. The proposed 4.7 acre excavation will be divided into 2 parts; the northern pond (Pond A, 1.3 acres) will be excavated first, the southern pond (Pond B, 2.0 acres) will be dug afterward and separated by a 30ft wide causeway. When both ponds are finished the causeway will be removed, making one large pond. It will be necessary to dewater Ponds A & B as they are being excavated to allow the excavating equipment to enter the excavated area and safely and efficiently remove the sand from the pond bottom. This will allow for full depth excavation and proper reclamation of the edges of Ponds A & B. It is the intention of Mr. Hurdle to only dewater the excavations as needed, which will not entail full-time dewatering. For excavation purposes, dewatering will occur roughly every 30 to 45 days which will allow excavating equipment to remove approximately 150 loads up to ground level where it will be stockpiled for later use. When the stockpile is depleted from usage, the excavation area will again be dewatered, and another quantity of sand will be excavated. In addition, and in lieu of as needed, water will be removed from the excavated ponds to use as a water supply source to maintain correct water levels in Pond D for the existing commercial crayfish operation. It is estimated that due to the porosity of the soil in the area, Sediment Pond C and Crayfish Pond D will hold and disperse naturally most of the water removed from Ponds A & B during their excavation & dewatering, without overflow from Ponds C & D. Pond A (1.3 acres) will be excavated and dewatered by pumping groundwater through 6in and 8in irrigation pipe 450 feet to Pond C, and sediment will be allowed to settle there before standpipe overflow to adjacent wetland forest. Upon needs of the commercial crayfish operation, instead of allowing Pond C to overflow directly, water will be allowed to flow into Pond D through an 8in culvert under the causeway separating Ponds C & D. Excess water beyond what is needed to maintain correct water levels in Pond D will be allowed to overflow to adjacent wetland forest from Pond D. Water will be pumped by a 6in gasoline -powered transfer pump operating at idle speed. After excavation of Pond A is complete, excavation of Pond B will begin. Pond B (2.0 acres) will be excavated and dewatered into adjacent Pond A and sediment will be allowed to settle there before standpipe overflow to adjacent wetland forest. Alternately, if water is periodically needed to maintain water levels in Pond D, water will be pumped from Pond A into Pond C, where it will be allowed to flow by culvert into Pond D. Water will be pumped by a 6in gasoline -powered transfer pump operating at idle speed. There will be 3 overflow discharge points in the permit area: Pond A on the north end, Pond C on the north end, and Pond D on the north end. All 3 discharge points will release clear water to an adjacent wetland forest draining to Mill Creek and Perquimans River (see map for discharge point locations). Each overflow will consist of a water height control structure located just below the top lip of the sediment pond and will control the water level in the pond so that it will not overflow uncontrollably onto adjacent lands and fields. The water -height control structure will consist of a 6in wide vertical PVC pipe with an adjustable head that allows the operator to change the angle of the inlet up or down to achieve the water height needed in the pond. The control structure will allow water to flow through a buried 6in culvert pipe into an existing 3ft wide woods ditch located approximately 25ft from the edge of the sediment pond. The overflow water from the sediment pond will exit the pipe through an outlet stabilized with a 20ft long riprap-lined apron in the ditch. There is an existing control structure as described above located on the north end of Pond C and Pond D, and these 2 structures have been in place for the last 8 years and used as needed in Mr. Hurdle's permitted commercial crayfish operation. After excavation of Pond B is complete, the operator will excavate and remove the causeway separating Pond A and Pond 8, as well as a portion of, or the entire, peninsula remaining between the two ponds (see map). Upon finish, Marty Hurdle Sand Mine will be a single pond with an average 20ft depth and maximum 25ft depth, and a maximum acreage of 4.7 acres if the entire peninsula is removed. There will be no chemicals or flocculants added to the water in the sediment ponds to accelerate sedimentation. Time and distance will allow all sedimentation to occur to acceptable levels before the overflow water reaches the wetland forest and then the waters of the State. In Pond A the water control structure & overflow will be located approximately 360ft from the inlet of water from Pond B. Pond A will be 1.3 acres in size and will have enough surface area to allow efficient sedimentation to occur. In Pond C the water control structure & overflow will be located approximately 250ft from the inlet of water from Pond A. In Pond D the water control structure & overflow will be located approximately 360ft from the inlet of water from Pond A. There will be a minimum 2ft tall berm around the perimeter of the excavation and the sediment pond to prevent offsite stormwater from entering Pond A or B and damaging sedimentation rates. Sedimentation and Erosion Control There is wetland forest surrounding a blue -line creek on the east, west and north side of the proposed excavation, located 75 —120 feet from the excavation edge. The operator will establish a 50ft undisturbed buffer (no disturbance of any kind) adjacent to the east, west and north perimeter of the permit area. This buffer will be maintained by the operator as pasture with grass and pine tree ground cover. In addition there will be a 25ft unexcavated buffer (may contain roadways, stockpiles, and sediment & erosion control devices) around the entire excavation area, between the excavation and the undisturbed buffer. Inside of this unexcavated buffer, the operator will build and establish a narrow 300ft x 10ft x 2ft deep closed -end Swale area on the east and west side of the excavation, between it and the wetland. The purpose of these swales is twofold: in the event that monitoring shows that the adjacent wetlands are being affected or degraded by dewatering, the swales will be filled with water from the excavation and kept full, to serve as device to hydrate the wetland located downhill from the excavation. Secondly, there will be a small 6ft wide x 2ft tall sand berm running on the outside edge of each Swale, which will help the swale capture any eroded sediment from the excavation process. The swales will be built at the beginning of excavation operations and will be filled during dewatering activities to maintain adjacent wetland hydration. Outside of dewatering activities the swales will capture rainfall runoff which will also help wetland hydration. There will also be the establishment of a 6ft wide x 2ft tall sand berm around the southern perimeter of the excavation. This will prevent erosion from damaging the excavation edges on this high end of the excavation. The operator will establish a continuous silt fence along the outside edge of the unexcavated buffer on the east, west and north sides of the excavation, which are the lowest portions of the area. This will prevent any erosion from leaving the excavation area and damaging wetlands on the outside of the undisturbed area during processing. All erosion and sedimentation will remain inside of the permit area. During mining operations and dewatering, the majority of the water leaving the excavation will remain inside of the permit area and will only overflow occasionally. The majority of the water will be used in Pond D to maintain needed water levels there. The two ponds are shallow, and there is a sand layer below the bottom of the ponds. Currently water is constantly draining naturally back into the water table through the pond bottoms. The porosity of the soil under Ponds C & D will allow most of the water pumped into those ponds from dewatering to seep back into the ground naturally, and is in fact why the operator needs a good supply of water to maintain correct water levels. Any excess water overflowing from Ponds C or D will flow downstream towards the wetland forest surrounding the excavation area, and then on to Mill Creek. Maintaining the Water Height Control Structure, Settlement Pond, Ditches, and Irrigation System Inspections and maintenance are required to obtain the intended function of safely dewatering the sand mine, and to maintain the life of any adjacent wetlands or waters of the State. Items to inspect and maintain during the 10 year life of the mine dewatering permit are: • Inspect the water control structures regularly, especially following heavy rains and runoff, or during periods of operation of the structure. • Remove accumulated debris from the control structure inlet pipe. • Inspect the structure for,excessive settlement or seepage. • Inspect all components of the structure, including appurtenances, and repair or replace 6ny damaged items as needed. • inspect embankments, berms and appurtenant structures, and repair as needed. • Repair any damage to vegetated areas or berms with compacted earth fill, reshaping, sodding, reseeding and mulching as needed. • Check frequently for burrowing animals. When found, remove the burrowing animals, replace embankment materials and reseed. • Inspect all ditches regularly leading from the excavation area for stormwater erosion, especially after heavy rains, repair ditch banks as necessary with compacted earth, remove all accumulated debris in ditch to allow free flow of water. Inspect riprap outlet stabilization structures in ditches regularly, replace dislodged rock as necessary. • Promptly repair all leaks in delivery facilities by replacing valves, fittings, gaskets, and worn or damaged parts. Maintain all screens, filters, valves, timers and other electrical and mechanical equipment in good operating condition, following manufacturer's recommendations Monitoring the Process and Effects of Dewatering Analytical and qualitative monitoring of mine dewatering wastewater will be in accordance with the NCG020000 permit, as follows: • All ponds in the Marty Hurdle Sand Mine permit area will be inspected daily by the operator to identify any abnormal conditions. • All berms and erosion control and sedimentation control structures will be inspected following significant (1/2-inch) rainfall events for damages, and all structures will be repaired immediately. • Special inspections will be conducted immediately following severe storms, vandalism, and other significant events. • Dewatering process will be inspected daily during periods of dewatering the excavation. • Quarterly inspection of dewatering wastewater will be accomplished along with a general inspection of the facility. Samples will be taken from sediment pond inlets for quality comparison to sediment pond overflow outlet samples, if overflow is occurring. • Overflow of wastewater process will be inspected daily during periods of dewatering the excavation. • Outflow of dewatering wastewater will be monitored quarterly at the overflow exit stabilization structure for pH, settleable solids, turbidity, and total flow. Samples will be collected and tested onsite for pH, and the remainder will be tested for the remaining parameters by a North Carolina certified lab. • Rain gauge data will be collected by monitoring a rain gauge monthly and after each rain event. Records Data will be collected as follows: • Data will be collected from samples taken from all wastewater point source discharges in operation at the time. o Overflow discharge point on Pond C sediment pond. o Overflow discharge point on Pond D crayfish pond. o Overflow discharge point on Pond A when used as sediment pond. • Data will also be collected from samples taken from the mining wastewater inlet from Pond C sediment pond for comparison to wastewater overflow samples from Ponds C or D. • Point source discharge data: data from each site taken, date & time, general weather conditions, pH of sample, status of process at point source, inlet or outlet, other DWQ required data. • Visual monitoring of adjacent wetlands for potential dehydration during mining or dewatering activities will take place weekly, soil samples and water levels in the swamp will be taken bi- weekly and documented, photography of the wetland areas will be done monthly or as needed and documented. Solutions to any degradation caused by any mining activity will include alteration of dewatering process. DWQ will be consulted as needed; alterations to process will be recorded. Elliott Consulting will maintain the following records in a permanent file at the Elliott Consulting office at 622 Rocky Hock Creek Road, Edenton, NC 27932: a record of all significant actions taken; as -built drawings; permits; analytical results from sampling; and related material. Copies of all inspections, monitoring reports and lab analyses shall be provided to NCDWQ on a regular basis and as requested. BMP Conditions • The permittee will utilize best management practices to ensure that dewatering Marty Hurdle Sand Mine will not degrade or negatively impact any wetlands or waters of the State. • The permittee shall obtain authorization from'the Director of the NCDWQ prior to utilizing any Signed, chemical flocculants at Marty Hurdle Sand Mine. • r� Ken Elliott for Marty R. Hurdle February 23, 2011 Temporary Gravel Construction Entrance / Exit Details Practice Standards and Specifications 6.06 Marty Hurdle Sand Mine Hertford, NC Perquimans County Figure s.OBa Grovel untranca/axit keeps sediment tram leaving the construction site (modified from Va S4 OOt Graveled pad located at entrance to north and south access roads at Marty Hurdle Sand Mine, where traffic moves directly onto Swing Gate Road (SR1227). Thickness: 6 inches minimum Width: 12-feet on North Access Road, 15-feet on South Access Road Length: 50-feet minimum on both north and south access roads as per diagram above. Aggregate Size: 2 — 3 inch coarse slag Maintenance: Maintain the gravel pad to prevent mud or sediment from leaving the construction site. Periodic top dressing with 2-inch stone will occur as needed during the life of the permit. After rainfalls, immediately remove all objectionable materials spilled, washed, or tracked onto public roadways. Ken Elliott, consulting February 17, 2011 M Access Road Culvert Sediment and Erosion Control Measures: Construction Details Practice Standards and Specifications 6.83, 6.15 Marty Hurdle Sand Mine Hertford, NC Perquimans County 6.83 Check Dam Small temporary stone dam constructed across drainage ditch to prevent erosion in roadside ditch by reducing the velocity of flow, and to restrict sedimentation before entering wetlands downstream. 6 MU L . Tha,W--h mat puma A ,nd 9 — d .q..1 .:—I— is a. an.a...a�.o.�..w..�a.wm.e.raa...v...o....�+....�re.rew..�. r.. r •i r n\� 'a------- ------ f fMu a1+n Plop Ykw Design Considerations: Maximum height 2 feet at center of dam. Center of check dam will be 9 inches below outer edges of natural ground elevation. Dam constructed of NC DOT Class B stone and line the upstream side with NC DOT #5 or #57 stone. Side slopes of dam will be 2:1 or flatter. Stone will be extended minimum 1.5 feet beyond top edge of ditch to prevent overflow erosion. A layer of heavy duty synthetic filter fabric will be installed between the stone and the underlying soil in the ditch bottom and extend up the ditch bank slopes to prevent soil movement into or through the rock from below. Check dams (3) will be spaced to assure elevation at top of lower dam is same as the toe elevation of the upper dam. Maintenance: Inspect check dams and channels weekly and after every significant rainfall event and repair any damage immediately. Clean out any sediment or debris that could clog the channel immediately. Add stones to dam as needed to maintain design height and cross section. 6.15 Riprap Slope Protection around Culverts A layer of stone designed to protect and stabilize area around 3 access road culvert outlets that are subject to erosion. Materials: Riprap will consist of a well graded mixture of NCDOT Class A (2" to 6") stone or slag. Thickness: Minimum thickness of riprap will be 1.5 times the maximum stone diameter. Width: Riprap layer will extend to a 3 feet diameter at top of bank around culvert outlet and then down bank to ditch bottom below culvert outlet. Filter: Operator plans to install a layer of heavy duty silt fence filter cloth between the riprap and the underlying soil to prevent soil movement into or through the riprap. Filter cloth will extend 3 feet at top of bank around culvert outlet, down bank and to bottom of ditch below culvert outlet. Maintenance: inspect riprap outlet structures weekly and after significant rainfall events to see if any erosion around or below the riprap has taken place, or if stones have become dislodged. Repair all damage immediately. Maintain all vegetation adjacent to the channel in healthy condition to prevent scour or erosion during out -of -bank flow. Control weeds and brush growing in the riprap by cutting. Ken Elliott, consulting February 22, 2011 Temporary Hydrating Swale Construction Details Marty Hurdle Sand Mine Hertford, NC Perquimans County Photo 1:New excavated Swale Photo 2: Swale after rain Similar to a contour bank, this rehydration swale is being constructed to ensure hydration of nearby wetlands adjacent to the permit boundary of the Marty Hurdle Sand Mine. The swale will consist of 3 100-foot long by 10-foot wide closed -end swales that will parallel the land contour and which will overlap or butt up to each other. The swales will be located along the western and eastern unexcavated boundaries between the excavation area and the wetland. Unlike a contour bank, there will be no water flow but water will collect in the swale from rainfall and by intentional filling from the excavation during periods of dewatering. The water in the swales will be absorbed by the swale and taken underground to recharge the adjacent wetland. Construction: A fiat -bottomed V-shaped level closed -end trench 6-foot wide by 1-2 feet deep will be dug parallel to the contour of the land in 100-foot lengths. The series of 3 100-foot closed end swales will overlap or butt to each other. Trench will have minimum 2-ft wide flat bottom and 2:1 or flatter sloped sides. The excavated soil will be placed uncompacted along the bottom side of the trench in a round mound shaped berm minimum 1-ft high and 4-ft wide, which will allow surface run off from above the swale to flow into the swale and be collected there, and then be absorbed into the ground. The swale berm will be seeded with ground cover to prevent erosion. The side slopes and Swale depression will be seeded to encourage ground cover growth. There will be a 2-ft tall silt fence erosion barrier constructed behind and below the swale berm to collect any sedimentation from the Swale. Compacted soil 2' I+ min ►I y ; ,•' '•i•.`::: + Fyow is" min _ II Imo! — fH ff lr +-- 6, typical - b A 6-foot wide rock baffle consisting of rip -rap and smaller gravel will be constructed in each Swale berm at its lowest contour point to allow passive discharge of overflow water during periods of heavy rain, through a level sill spillway approximately 9-feet long. This will spill a level sheet of water 3-5 mm deep to run across the surrounding grass, through the silt fence, and into the wetland. This sheet flow water will prevent concentrated flow and erosion of the landscape. Coarsa annrenata Annual Maintenance: • Inspect rock baffle for clogging and correct the problem. • Inspect and correct erosion problems in the sand/soil bed of swales. • Inspect grass along side -slopes for erosion and formation of rills or gullies and correct. • Based on inspection, plant an alternative grass species if the original grass cover has not been successfully established. Maintenance (as needed) • Inspect swale berms weekly and after every rainfall, repair as needed. • Till or cultivate the surface of the sand/soil bed of swales if the swale does not draw down within 48 hours. • Remove sediment build-up within the bottom of the swale once it has accumulated to 25% of the original design volume. • Mow grass to maintain a height of three to four inches Ken Elliott, consulting February 22, 2011 4 Discharge Outfall Outlet Protection: Construction Details Practice Standards and Specifications 6.41, 6.31, 6.15 Marty Hurdle Sand Mine Hertford, NC Perquimans County 6.41 Outlet Stabilization Structure 6.31 Riprap and Paved Channels 6.15 Riprap Pipe Outlet to Well-defined Channel Le Trapezoidal Riprap Channel i^r ql 1 HIF l Section AA 1111i�i}4� I �' _ ,i _�,. •�m„$ 4tll� Filter blanket Design lop width Design depth �ii � �Ittll;,'litil" film`- IR-:lief Will slit illll� r Filter layer, gravel or fabric Riprap lined apron located at end of mine dewatering overflow pipes (3) to prevent scour and undermining in existing ditch, and to absorb the impact of the water flow and reduce the velocity to non -erosive levels, before flow reaches wetlands. Riprap Apron Size: Overflow pipe discharges directly into well-defined channel. The apron will extend across the channel bottom and up the channel banks to the top of the bank. Length of apron will be 20- feet downstream to maintain velocity control of maximum 2.0 feet per second. Grade: Apron will have zero grade and no overfill at end of apron. Alignment: Apron will be straight throughout entire length if possible. If curve is necessary to align the apron with the receiving channel, the curve will be located in the upstream section of the riprap. Materials: Riprap will consist of a well graded mixture of NCDOT Class A (2" to 6") stone or slag. Thickness: Minimum thickness of riprap will be 1.5 times the maximum stone diameter. v Filter: Operator plans to install a layer of heavy duty silt fence filter cloth between the riprap and the underlying soil to prevent soil movement into or through the riprap. Filter cloth will extend to the top of both channel banks, and edges will overlap 12 inches. Upstream end will be buried 12 inches and downstream end will be buried if necessary. Maintenance: inspect riprap outlet structures weekly and after significant rainfall events to see if any erosion around or below the riprap has taken place, or if stones have become dislodged. Repair all damage immediately. Maintain all vegetation adjacent to the channel in healthy condition to prevent scour or erosion during out -of -bank flow. Control weeds and brush growing in the riprap by cutting. Ken Elliott, consulting February 22, 2011 a WILLIAM COAPPEI PIG do �t • do v ROPER- • I � O S 1. PLOP,LLN k• • �`'�RQA�N I 1 i/ Vt FL Vt o " � I a r C r� • v E ppN� 1 I B11FFE 9 . � a � � p.56g AC cuLVERY ,, �EXCAVA�E� (��. I • z • u . + �'� �a f�srsG Pig 34 s POND D ' `►. . A p�,FtMPi.O.`t`: . " �► za IT RAYFISHi La J • `IVAN � �� c2 # ` cp RU55ELL WURaLE .•.� • CI P PPELL *y !AM OVjAPQEIrL • ' �. 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M , Cj ELM E QA5Yl7RE ��ya` ' ;/ �• PROP j p [}S CNAPPELL � • o 0UG� • Tloro o� PF'OPERIN G vrEa ts�f5 :'Iv � oL�a' ivrsTf�AtdGE 4 41 ER QROP TY � rW _ � r u Lj u r--. 180 ti PERMIT BOUNDARY MARTY HURDLE O o �Qpp$ LINE O S'PROPERTY OBO O •' °Tj,�. O ©�q�y WETLAND FOREST � O MARTY HURDLE a 25 FT WIDE uNEXCAVATED BUFFER isTG ' O PROPERTY �Q ■ ■ ■ a .. • � RAF ' O •aaa■a■aaaa■ eG�. O • 110 FT c ' OW q • �'Q • O p�1ERFL LINE WETLAND FOREST J 7� •��QO DEWATERINRpIPEOw 14 FT ZQ(� J� ♦ �. R lr' P14 � • 4 P A EWTE 2 r J • -n r Q � •' 2 � .r 4t : � O �J� • n .r G '. p� PA Q y • z 'O • T /yQ d • O O�"r J+ Gn Y a 13 ■ x r • ■ • UNpARY ❑ w �`� � 73� i n , PERMIT �O ■ ❑ ■ q �h y * i w4D Bpyy4yDARY PER ❑ IFz + n r `b ■ rp ■ 13 •cn ■ � o r 2� ❑ p PENINSULA Om M d Etii, © ¢ ■ p MAY BE PARTIALLY OR r A • '� ; "` WHOLY EXCAVATED ❑ r . r �. r -n ❑ � ❑ •x ■ LA.PpINT B • } ❑ o ❑ w< LL F C ■ sn U© F■ ¢ +�i 4 • Q Lo 4 r �❑ 22 U w Q • Y w O WIL 4 4 . ¢ 13 a � p 3 u, o 0 o E3 ■ D� u- ■ • ❑ n ' • co■ 4,7ACRE POND (INCL PENINSULA) : �Q ❑ O ; 2Q FT AVG DEPTH C7 ♦ co i■ 25 FT MAX DEPTH �, q ti • OZ -D lu ■ + !tip ❑ zU ■ © : Q ClZ.`a w a O • O MARTY HURDLE ❑ � � ,�` : � � � PROPERTY ■ • ❑ 0 ■ l O PASTURE ! FIELD © a 4 • 0 ■ ¢ • � Q 4 �� MINE MAP ❑ a � • MARTY HURDLE SAND MINE [] a 355 SWING GALE ROAD 0 • � HERTFORD, NC 27944 ❑ �� O ♦ ¢� PEROUIMANS COUNTY ��c ■ O O • MARTY R. HURDLE - OPERATOR Q �'kiT +• p Oti 4 ❑ 6pL S ♦ ♦ � ©O QC � • MAP SCALE 1 IN = 630 FT ❑ N�9 kTrc+ ♦♦♦ OR�� 0Q Q ■ N MAP PREPARED BY ❑ �`"�F ♦♦. �AR�, ©O ` 4 KEN ELLIOTT,CONSULTING -10, PRIG 12.31-10, ftEYf55b 2-16.11 �' •♦• ,gyp ® �4' ♦ • 4��`` ..a.�,,•�.�.• -„�,r © a GN Oe ♦• 0® i G pQ- ,..a.*m.mna,wrt•x,.,r,.,.,� ❑ � � �qRy F ♦ ♦ ♦46 c� ♦ • O 48, © >< i` ❑ a ,`A Beverly Eaves Perdue Governor Mr. Marty R. Hurdle 355 Swing Gate Road Hertford, NC 27944 Dear Mr. Hurdle: NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director February 15, 2011 Subject: General Permit No. NCG020000 Marty Hurdle Sand Mine, NCG020786 Perquimans County Dee Freeman Secretary The Division of Water Quality's Stormwater Permitting Unit received the National Pollutant Discharge Elimination System (NPDFS) permit application for the subject project on January 6, 2011. The Division of Water Quality's Washington Regional Office (WaRO) received this permit application, plans and Operation and Maintenance Plan (O&M) for the subject mine project on January 24, 2011. The O&M was reviewed and has been determined as incomplete. The following additional information is needed: 1. Please provide outlet protection (riprap pads, erosion control matting, etc.) for the three piped discharge outfalls. Considered along with the pump's pumping rate, the protection must provide non -erosive flow (2ft/sec) into the wetlands. 2. The plans have the secondary access road shown through wetlands.. After a phone conversation with your consultant, Ken Elliot, it is understood that this access road has existed for some time, that it is not to be improved except for the culvert and that it will not be used for mine equipment traffic. Please revise the plans and/or narrative to show these things. 3. Please increase the frequency of the adjacent wetland monitoring to; be performed. Quarterly, is too long between wetland inspections. 4. Please provide additional information on the hydration swales such as the elevations, cross sections with slopes and depths, etc.. Please also consider using these swales during all the mine dewatering events, not just for use after wetland degradation has already occurred. The General Mine Dewatering Permit (NCG02) application is being processed in DWQ's Raleigh Central Office. Upon permit issuance (NCG020786), an Approved O&M plan will be required within 60 days of receipt of the permit. The O&M plan must be approved by the WaRO in order to remain compliant with the permit. Non-compliance may subject you to appropriate enforcement actions in accordance with North Carolina General Statues 143-215.6. Civil penalties of up to $25,000 per day per violation may be assessed for failure to comply with a permit required by NCGS 143-215.1. No mine dewatering is allowed prior to the approval of the Operation & Monitoring plan. Your prompt attention to submitting a revision of the O&M plan will assist with permit compliance and will be greatly appreciated. Please send to: North Carolina Division of Water Quality Surface Water Protection Section Attn: Scott Vinson 943 Washington Square Mall Washington, NC 27889 North Carolina Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Internet www.ncwaterquality.org Phone: 252-946-64811 FAX: 252-946-9215 FAX: 252-946-9215 One NorthCarolina Naturally An Enual ODDOMIDity 1 Affirmative Action EmDlover And a copy to: NCDENR, DWQ, Stormwater Permitting Unit Attn: Robert Patterson 1617 Mail Service Center Raleigh, NC 27699-1617 Additionally be reminded that new coastal or State Stormwater management rules (Session Law 2008-211) were implemented on October 1, 2008. Due to these new rules you may be required to apply for an additional State Stormwater Permit if you are adding new impervious area, including dirt or gravel roads, graveled work areas or pads, buildings, sheds, concrete, asphalt, etc. totaling 10,000 square feet or more. Please specify in your cover letter included with the above needed information the total amount of new impervious area which will be added in association with the mine. Please reference the Stormwater Project Number above on all correspondence. If you have questions, please feel free to contact me at (.252) 948-3848. cc: Ken Elliott, Elliott Consulting (email) Robert Patterson, DWQ (entail) Washington Regional Office North Carolina Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Sincerely, Scott Vinson Environmental Engineer Internet: www.nmaterquality org Phone: 252-946-6481 1 FAX: 252-946-9215 FAX: 252-946-9215 No thCarolina An Enual Onnoriunity 1 Affrmaiive Action Fmolnver i� n-t-CA -2) LAJ NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist January 31, 2011 Certified Mail Return Receipt Requested 7008 1300 0000 1130 9739 Mr. Marty R. Hurdle 355 Swing Gate Road Hertford, North Carolina 27944 RE: Marty Hurdle Sand Mine Perquimans County Pasquotank River Basin Dear Mr. Hurdle: Beverly Eaves Perdue, Governor Dee Freeman, Secretary FEB 2 2011 DENR - WATER-OU/111Tr WETLMM AND STORUWAiER BWWCH We have reviewed the application you submitted for the above referenced mine site. However, the following information is needed to continue processing your application.- 1 Show the location and size of the access roads culverts. Provide erosion and sediment control for said culverts. Include any construction details for the proposed measures. 2. Provide construction entrances for the access roads and include the construction details. 3. Provide a construction detail for of the proposed hydration swale located along the western perimeter. 4. Please clarify what category of the affected acreage chart the peninsula is included in. 5. Please find enclosed comments from the Division of Water Quality regarding the proposed operation. Provide proof you have obtained an approvable Operation and Maintenance Plan and have obtained any necessary permits from the US Army Corp of Engineers and Division of Water Quality for the wetland road crossings (401 /404). Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-45741 FAX: 9.19.733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:http:llwww.dlr.enr,state.nc.uslpagesilandqualitysecticn.html An Equal Opportunity I Affirmative Action Emptoyer — 50% Recycled/ 10% Post Consumer Paper "It ;411,.,t Certified Mail Mr. Hurdle Page Two In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, N. C. 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to'submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180 day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, , �,� JW (]Jit4h A. Wehner Assistant State Mining Specialist Land Quality Section Enclosure - DWQ Review Sheet cc: Mr. Pat McClain, PE Mr. Ken Elliott — 622 Rocky Hock Road, Edenton, NC 27932 Ms. Jennifer Jones - DWQ . ; ; int this form to PDF . f Return PDF of this form to DLR CO by email, cc DLR RO and DWQ SPU MININU PERMIT APPLICATION REVIEW FORM forthe DIVISION OF WATER QUALITY THIS SECTION TO BE FILLED OUT BY DLR: Project Name:_Marty R Hurdle Mine DLR Permit #: 72-22 County: Perquimans Address: 355 Swing Gate Road, Hertford, NC 27944 YES NO Date Commencing Is this mine a new mine? r r Have land disturbing activities started? Date? r FV Latitude.36.2259 Longitude:-76.4216 Please return comments to (at DLR CO): Judy Wehner Comments due by: 1/29/11 SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality? No Comments: Still have a few questions to complete the review and to aoprove the O&M for the DWQ dewatering NCG02 permit that has been applied for. Would prefer that the hydration swales be constructed and utilized prior to any observed wetland de redation. Mr. Hurdle will also need to apply for and receive -a 4011404 wetland certification from USACOE & DWQ for the wetland road crossina proposed on olans prior to construction of the secondary access road Watershed/Stream Name & Classification: Pasquotank River Basin I Mill Creek 1 Class C,S (30-6-5-(1)) DWQ Compliance Status of Mine: compliant, not yet started operation YES NO NPDES permit required? ` . applied NGGO20786 NPDES permit existing? fa (Permit # ) W If an NPDES,permit.is.not required, is DWQ. about degradation 'need minor modificaitons to the ri still concerned wetland . O&M plan ; by dewatering? Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if 117. RO Contact Name: Scott Vinson r mine has already begun digging or is {252i 8-3838 n: Contacctt Reason: dewatering without DWQ permit) 401 Wetland Cert. required?... E,7.Wetland road crossing ro'posed r 401 Wetland Cert. existing? Permit # Rev September 2010 Print this form to PDF i Return PDF of this form to DLR CO by email. cc DLR RO and DWO SPU , .Does DWQ RO,curreritly haye.,enough4`R information to determine 1 if,a 401 ,proposed access rd. "shown'onpaans certificatianIs re `uired? t _- Rev September 2010 _ ,P-,nt this form to POF Return PDF of this form to OAR CO by email. cc DLR .RU and D WO SPL' YES NO Are wetlands disturbed at this site? goad &pipe crossing proposed q, . Does DWQ RO suspect or know of nearby r shown an plans r, wetlands to the site? ---- Is a"wetland delineation required prior to By: �JD. or_ F Consultant' 'd wetlands' - delineated on °' ` DWQ issuing the permit? Onsite? Or r � Offsite? ;plan Stream Determination Needed? ' proposed read crossing Iike!y to be over a stream within wetlands area _ Stream Determination Completed? it's apparent Does DWQ RO need a statement that no from plans that wetlands/streams wetlands/streams are disturbed r will be impacted from road for this project from applicant? crossing Buffer Determination Needed? fT Buffer Determination Completed?Y r' r _ Recycle system permit existing?* New Recycle System permit required?* r- r Enough information to determine? - Non -discharge permit existing?* r Permit #�__ Eli— __' Will wastewaters discharge to HQW waters r r 7Q10 Unknown (permittee determine): r with a 7010=0? ** Flow: Has Violation O&M Requirements , Does DWQ require DLR to hold the permit r HQW17Q1,0 Concerns ,(e.g. "so DWQ.can review it further.or, ; Other. „Reason: 4011404 Wetland ° because,DWQ requires more information)? Certification Required . RO contact: . . Hold Until: O&M & 4011404 ; crossincis have beer: addressed Mine must wait to dewater until an O&M r r plan is approved? *The NPDES SW and WW permit NCG020000 covers closed -loop recycle systems. designed to exclude all sto_rmwater run-off from the system and operate at or below two -feet of freeboard. These systems may be permitted by a Non -discharge Recycte &stain Permit from the A uifer Protection Section (APS), OR may instead be permitted under NCG020000 to eliminate an additionalpermit. Recvcle systems that do not meet those criteria are considered discharaino systems, and are subiect to the NCG020000 discharge permit. **To obtain 7Q10 flows, permittees must contact the DWQ Stormwater Permitting Unit. if DWQ does not have a flow estimate for a specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaverat the USGS: 919-571-4043, for more information on obtaining a 7010 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies. Reviewed by: DWQ RO Surface Water: Washington Regional Office: Scott Vinson Date: 1127111 Rev September 2010 Print this form to PDF Return i=JF of tiur form to DLR DO by email. cc DLR RO and DINQ SPU RO Aquifer Protection Section: Regional Office: Data: SPU DWQ Central Office Reviewer (if applicable):'__ Rev September 2010 t Patterson, Robert From: Vinson, Scott Sent: Thursday, January 27, 2011 4:54 PM To: Novak, Gary; Wehner, Judy; Patterson, Robert; Dumpor; Sarnir, 'tdgerton, Thom; Jones, Jennifer Cc: May, David Subject: Marty Hurdle Sand Mine, Perquimans Co. Attachments: 72-22 DLR - Water Quality Review Sheet 2010.pdf All, Please find attached the DWQ review sheet for the Marty Hurdle Sand Mine (DLR permit appl.# 72-22) located at 355 Swing Gate Rd, Hertford, NC. (The project has a coreesponding DWQ dewatering permit application in house to DWQ # NCG020786.) I have a few minor concerns about the proposed sand mine. The first deals mainly with the proposed secondary access road and it's crossing 401/404 wetlands and the need for a 401/404 certification through the USACOE & DWQ. The second concern deals with altering their O&M plan to install and operate the 2. hydration swales prior to finding any -wetland degradation, not after. If you have any questions please call or write. Thanks, Scott (252) 948-3848 LET NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director January 21, 2011 Mr. Marty R. Hurdle 355 Swing Gate Road Hertford, NC 27944 Subject: General Permit No. NCG020000 Marty Hurdle Sand Mine, NCG 020786 Perquimans County Dear Mr. Hurdle: Dee Freeman Secretary The Division of Water Quality's Stormwater Permitting Unit received a National Pollutant Discharge Elimination System (NPDES) permit application for Marty Hurdle Sand Mine on January 6, 2011. The application included a copy of an associated application for a mining pen -nit 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. Please also be aware that since your project is located near wetlands, your NPDES permit will require dewatering operations without wetland impacts. The specific requirements for mine dewatering at facilities near wetlands can be found in the text of the general NPDES mining permit number NCG 020000 available on our website, http://portal.nedenr.org/web/wq/ws/su/npdessw. See Part I l I, Section E of the permit. An approved Operation and Monitoring Plan is required for NPDES-permitted mining facilities and may be required prior to permit issumice. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. A Plan for your facility must be submitted to the Washington Regional Office within 60 days of your receipt of an NPDES pennit. We encourage you to contact Thom Edgerton at the Washington Regional Office at (252) 946-6481 to address any wetland concerns for your facility in order to ensure a successful NPDES application review. A copy ofyour application package (including the Oct -Al Plan) -has been font-arded to Rfr. Edgerton. Additionally, new coastal storrrrwater management rules (SESSION LAW 2008-21 1) were implemented October 1, 2008. Due to these new rules you may be required to apply for an additional State Stormwater Permit if you are adding; new impervious area. Please contact Scott Vinson in the Washington Regional Office at (252) 946-6481 to determine if you will be required to submit an application for this additional pen -nit. If you have any questions concerning the NPDES pen -nit approval process, please contact me at (919) 807- 6375, or at robert_patterson nWncdcnr.qov. 1617 Mail Service Cenler, Raleigh, North Carolina 27699.1617 Location:512 N. Salisbury St, Raleigh, North Carolina 27604 olle Phase: 919-807-63001 FAX 91M07-64921 Customer Service: 1-877-623-6748 Nof th Carol i n,l Internee www,nLwaterquality.org An Equal Opportunity) Affirmative Aclion Employer j/ 1 turally Mr. Marty R. Hurdle Marty Hurdle Sand Mine---NCG 020786 January 21, 2011 Sincerely, Robert D. Patterson, PE Environmental Engineer Stonn-%vater Pennitting Unit cc: Washington Regional Office, Thom Edgerton Central Files Stonnwaler Pennitting Unit Files Page 2 of 2 WA-0 �r * Division of Water Quality / Surface Water Protection i�eww� NCDENRNational Pollutant Discharge Elimination System VplfrM t-..NCVJIM rXnnrre.r Or FNwOr[rrirr um Nutnu. itraaaria NCG020000 NOTICE OF INTENT FOR AGENCY USE ONLY Date Received carI Month a Certificate or Coverage Check ti I Amount 'tJ P t Assigned to a tm National Pollutant Discharge Elimination System application for coverage under General Permit NCGO20000: STORMWATER DISCHARGES associated with activities classified as: SIC (Standard Industrial Classification) Code -14XX Mineral Mining Industry (except as specified below) The following activities are also Included: v • Active or inactive mining operations (including borrow pits ---except for NCDOT borrow pits) ischar stormwater contaminated with or that has come in contact with, any overburden, raw materi ediate. products, finished products, byproducts or waste products located on the site of such operati • Stormwater from vehicle maintenance activities at mining operations; • Overflow from facilities that recycle process wastewater; and/or • Mine dewatering (wastewater) The following activities are specifically excluded from coverage under this General Permit: t 1 • Stormwater discharges associated with peat mining, coal mining, and metal mining; • Stormwater discharges from mining operations which are intermixed on site with stormwater from operations and/or concrete operations; • Stormwater discharges associated with oil and gas extraction operations; and • Stormwater discharges associated with tourist gem mines • NCDOT borrow pits are covered under NCS000150 The following discharges are covered by NPDES general permit NCG520000 instead of NCGO20000: • Point source discharges of stormwater and wastewater from in -stream sand mining operations (i.e., sand dredging or dipping operations) For new mining sites that require an authorization to construct (ATC) wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATC for new wastewater treatment facilities. ATC requests must be submitted at least 90 days prior to construction'. For exf stinct mining sites that require an Authorization to Operate (A TO) wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATO for wastewater treatment facilities in place. Construcffon, modificationn, or installation of any new treatment comonents at an existing site requires an ATC. (if the site is already covered by NCG020000, the ATC request may be submitted without an NOI). Some wastewater treatment facilities used to treat or recycle process wastewater (even if commingled with stormwater) at mining sites will require an ATC prior to construction per 15A NCAC 2H .0138. Please see the NCG020000 General Permit for details about which treatment facilities require an ATC (summarized in Table 1 at the end of this form). For example, an ATC is required for treatment of mine dewatering discharge from clay pits and non -closed -loop wastewater recycle systems. The authorization to construct or continue to operate will be issued at the same time as the Certificate of Coverage (COC) for the NCG02 permit. Design of treatment facilities must comply with requirements of 15A NCAC 2H .0138 & .0139. Page 1 of 7 'Asper 15A NCAC 2H .0106 2unless treatment facilities are designed, constructed, and put into operation by employees internal to the company who are qualified to perform such work for their respective companies in accordance with General Statutes, 89C-25 (7). plans and specifications must be signed and sealed by a P.E. SWU-217.071408 Last revised 7/14/08 6 NCG020000 N.O.I. Construction of wastewater treatment facilities subject to the ATCIATO requirements in the NCG02 permit at new or existing mining sites requires submission of three (3) sets of plans and specifications signed and sealed by a Professional Engineer (P.E.) or qualified staffz along with this application. A copy of the design calculations should be included. Please see questions 18 & 19. Table 1: Wastewater Permit ATCIATO Requirements Mine Dewatering Yes No Quarries — 6 Sand Pits — 6 Clay Pits ♦ — Any Dewatering with Chemical Treatment 6 — Process Wastewater Sand/Gravel — • Closed -Loop Recycle — • Other Recycle 6— I K' 1-1 For questions, please contact the DWQ Regional Office for your area. (See page 7) (Please print or type) 1) Mailing address of owner/operator address to which all permit correspondence will be mailed): Name Street Address City Telephone No. Marty R. Hurdle 355 Swing Gate Road Hertford 252 426-9155 E-mail Address crawdaddy2520embargmail.com 2) Location of facility producing discharge: Facility Name Marty Hurdle Sand Mine Facility Contact Marty R. Hurdle State NC Fax: ZIP Code 27944 Street Address 355 Swing Gate Road City Hertford State NC ZIP Code 27944 County Perquimans County Telephone No. 252 426-9155 Fax: Contact E-mail crawdaddy252@embargmail.com 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). US 17 Bypass, Hertford, travel 2.0 mi North of Perquimans River Bridge, turn left beside church on Swing Gate Rd. (SR 1227), site is 1.25 mi on the left 4) Latitude 36 deg 13' 35.76" N Longitude 76 deg 25' 16.32" W (degrees, minutes, seconds) 5) This NPDES Permit N01 Application applies to which of the following: New or Proposed Facility Existing Date operation is to begin February 2011 New Permit not applicable — ATC request only. NPDES Permit Number Page 2 of 7 SWU-217-071408 Last revised 7?14/08 NCG020000 N.O.I. 6) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: 1 4 4 2 7) Provide a narrative description of the types of minerals mined at this facility: Topsoil & Sand 8) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Stormwater: Mine dewatedng: 1 Process Wastewater Overflow: Discharge points should be clearly marked on the submitted site plan. Please provide short narrative description of discharges: Overflow fresh groundwater from 2.05 acre sediment pond, water originating from adjacent sand mine excavation. 9) Receiving waters: What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater and/or wastewater discharges end up in? Mill Creek, Perouimans River, Albemarle Sound if the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). NIA Receiving water classification (if known): C; Sw; SC Note: Discharge of process wastewater to receiving waters classified as WS-li to WS-V or SA must be approved by the N.C. Dept. of Environmental Health. If DEH does not approve, coverage under NCGO20000 cannot be granted., No new discharges of process wastewater are permitted in receiving waters classified as WS-1 or freshwater ORW. 10) Will mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlands? ❑ No p Yes If yes, please provide information about any 404/401 Certification permits. Note: Wetlands must be CLEARLY DELINEATED on the site plan. Mine dewatering activities that have the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and Implement an Operation and Monitoring (O&M) Plan that has been approved by the Division. The O&M Plan should be submitted to the Regional Office and must be approved prior to operation. The plan shall include, but is not limited to: (1) Groundwater monitoring strategies to demonstrate the effect of pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance. 11) Does this facility already have a valid Mining Permit from the Division of Land Resources (DLR)? I7 No (if not, please indicate the status of the Mining Permit application: Applying at this time, app copy attached ❑ Yes If yes, please provide the Mining Permit number and include a copy with your application: Note: DWO cannot issue a COC for the NCO020000 General Permit until a Mining Permit Is issued or I renewed by the Division of Land Resources (DLR). 1 Page 3 of 7 SWU-217-071408 Last revised 7114108 NCG020000 N.O.I. 12) Will this mining operation precede development activities at this site? I] No ❑ Yes 13) Does this facility have any other NPDES permits? 0 No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: 14) Does this facility have any Non -Discharge permits (ex: recycle permits)? El No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 15) Does this facility employ any best management practices for stormwater control? El No ❑ Yes If yes, please briefly describe: 16) Does this facility have a Stormwater Pollution Prevention Plan? 0 No ❑ Yes If yes, when was it implemented? 17) Will vehicle maintenance activities occur at this facility? 0 No ❑ Yes Wastewater Treatment Facilities: 18) Will mine dewatering discharges occur? (AMATO required for clay pits or dewatering with chem. treatment) ❑ No Cl Yes 19) Will discharges of overflows from process wastewater treatment systems occur? (ATC or ATO required, unless sand/gravel mining or closed -loop recycle system) ❑ No El Yes If yes, answer the following questions on the wastewater treatment system: a. Please describe the type of process used to treat and/or recycle the process wastewater. Give design specifics (i.e. design volume, retention time, surface area, etc.). Existing treatment facilities should bo described in detail, and design criteria or operational data should be provided (including calculations) to ensure that the facility can comply with requirements of the General Permit. [Use separate sheet(s)] b. Does this facility employ chemical additives to flocculate suspended solids? ED No ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive Note: Please see http://h2o.enr.state.nc.us/ws/PAMS list.htm for a list of approved polyacrylamide (PAMS) products for use in North Carolina. Page 4 of 7 SWU-217-071408 Last revised 7/14108 NCG020000 N.O.I. C. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? 0 No ❑ Yes 20) Are wastewater treatment facilities (including recycle systems) planned In the 100-year flood plain? p No ❑ Yes If so, include information to demonstrate protection from flooding. (Minimum design requirements for treatment works include protection from the 100-year flood, per 15A NCAC 2H .0219.) 21) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? 0 No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? El No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? 0 No ❑ Yes d) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: How is material stored: Where is material stored: How many disposal shipments per year: Name of transport / disposal vendor: Vendor address: 22) Certification: North Carolina General Statute 143-215.6 b (1) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under this General Permit: 1. I agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request. 2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other, chemicals shall have adequate protection so as to contain all spills on the site. 4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing solid waste disposal. 5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground waters. Page 5 of 7 SWU-217-071408 Last revised 7/14108 NCG020000 N.O.I. I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit. I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: Marty R. Hurdle Title: Owner / Operator (Signature of Applicant) (Date Signed) Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR. Final Checklist This application will be returned as incomplete unless all of the following items have been Included: ❑ Check for $100 made payable to NCDENR ❑ This completed application and all supporting documents ❑ Copy of the valid approved mining permit (MP) for the facility or indication of MP application status ❑ Copy of a county map or other general location map that shows the mining site and nearest major roads ❑ Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly shows site location in relation to nearby streams, wetlands, and other waters, etc. ❑ Copy of mining site plan with all wetlands clearly delineated ❑ If the mine is near wetlands, or may otherwise impact surface water or groundwater, contact the regional office about an O&M Plan (contact information on the next page). Please refer to this O&M Plan checklist: ✓ Site map with wetlands, ditches, well -placements, borrow areas, overburden storage, stormwater controls/BMPs, vehicle maintenance areas, settling basins, product process areas, and access roads. ✓ Well information (design, depths, maintenance) ✓ Physical monitoring for the wetlands areas ✓ Settling pond sizing information, if applicable ✓ Level spreader design, if applicable ✓ Details about dewatering method ✓ Description of measures to prevent erosion and flooding ❑ If an ATC or ATO is required, three (3) sets of plans, specifications, and design calculations, signed, sealed, and dated by a P.E. ATC and ATO requirements in NGG02000 are summarized in Table 1 on Page 2 of this NOI (see the permit text for more details). Plans shall show all pertinent design features, including the location of the outfall(s). If stormwater is flowing off -site, the plan must show that stormwater will not be mixed with wastewater. Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit. Page 6 of 7 SWU-217-071408 Last revised 7r14/08 — _ IGc, 3I _:; .. <37 Map prepared by Ken ENott. constdbn9 December 8, 2010 4 .MARTY HURDLE �o22� SPrND-MINE !' - s� -- I'•I,u` .f. ''f:• Im 31 U �„ .; ! - /� " �,� % 1 �.:.. •.tan ,fin \ .. ava �v - all + s • 1 ,.e .I 1 � 3 '�• � ran"'--' --f '.i 214 y_��:-`. J" -_'_''fir",; `:s" " � �•,.� �,,..iw•�.' �_� •�;�'� ' 'r�' � � � �a /E119 •4 \\ ,�,� - � �•�• - � _ � -- ^1 }' N 4 S U i Ft t 5756 !Y Sw 370 (CHAPANDKE) 372 25' 373 374 2 770 000 FEET crravauoxE os rn, IJ � �fo �R�•=tea`.-i,, ''I c'k' j7 J.6 • `2:i} � l+ ! � ,•~ �f'� • ��� �3�_�.r'° Sri 2� ' ilii,4� i' 1-^� Wa'-:ice: i � � [_ �/M1 ` . ` I ,$M _ ��Q 1• GEGMAP v ^' p y f MARTY HURDLE SAND MINE Y 1227 355 SWING GATE ROAD HERTFORD, NC 27944 PERQUIMANS COUNTY"*`!� Ma a red f i '"�Y-_�" Map as er ✓f ; 11 t � - _ r R r- -�1�, r? � - �. � ` @a i-• / Ken Elliott, consuking Deaem6Cr 31. 2019 4,!' i7 1228), ;�f �` � `l •.Gem '� ' I c All . •"�-�,.., �j�:aJ' �_-��•.��17� .�T'ltr,�i.� ''�- �•' ��s`_�� 1 .,• Holiness Ch. tem. . •'V'�-r +./�- wyf ,���' • �'r .� �i/1:., ti'�'J 1 � 1f("+�, v??�.•-',7 �s� `-f"c.•rr--� � ' I'l,rf.� ./. :�-•.. -O'i.�-.::�'� i:.-' S 5. �•- f ` =`a �!', i.•` ) � • Y I w- /1f/1 } t _5 tt r-41`1"`" bra � 2'i'� 1`\i� �i','�1 •���� y"y _M�.__ i r� ��f _ '�'� 1 �� � _ '3�� '=cam f11 7 _• .`Tj s.JL N i �y NiARTY'ii6RDLE :SAND`MINE am hEoron.Grova Chati -1, iL r7 EXCAVATIOU AL- Im - -4iELM 4W- � Tl 'ELL -V ter. 15t i NVI, A L Y�L CHAPPE LT -ELM-W666-FAVA5 IV If Vs � ntrtcet+T e;:PT:... r L 3 ]} ..... J -q.. . }.... fL]iC� Jd f •4 '� _.La w Wi .� of " � . -� �� : 9 a � �;� •a�„� �;, 'i.t,,,. �q"i 46 SA 71 I All s� � .y;�y Tf�` p ��'Z:- _ . 9 � c`i. - r- � r.�'ad"5. 1.:"^�, .�w�,•y, ra���• � r., ... `�I ^� ..x k_ n ��,. L r �,� � ,p,�c€�,.§�: � �i-•� �"-z'�=54 rl�w r�b�'i•a.::a'y..`a `>� "a - - ,.. it NORTH CAROLING MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mall Service Center Raleigh, North Carolina 27699-1612 (9.1.9) 733-4574 Reviscd: tanuanv 30, 2008 13LLIOTT CONSULTING January 3, 2011 To Whom It May Concern: This nurse permit application is for a new 4.7-acre sand none excavation constxucted by Marty R. Hurdle, on his property at 355 Swing Gate }toad, Hertford, NC 27944, in Perquitrans Count}. The requested permit area is located on a high, sandy 25 acre parcel and, upon establishment of proposed erosion & sediment control treasures, will not present any problems regarding runoff to adjacent areas. The purpose of the excavation will be to serve as a source of sand for resale, to provide a source of water for Mr. Hurdle's commercial crayfish operation, as well as providing a pond for recreational use by Mr. Hurdle's family. The excavated pond will also be available for use as a water source by the local volunteer fire department. There is an existing 0.57 acre pond (Pond C) located 450 feet northeast of the proposed new excavation, and an existing 1.48 acre crayfish pond (Pond D) located adjacent and east of Pond C. Pond C & D are connected by a 25ft x 8in culvert buried under a causeway separating the two. Mr. Hurdle intends to use Ponds C & D when dewatering the new excavation. The proposed 4.7 acre excavation will be divided into 2 parts; the northern pond (Pond A, 1.3 acres) will be excavated first, the southern pond (Pond 11, 2.0 acres} will be dug afterward and separated by a 30ft wide causeway. When both ponds are finished the causeway will be removed, making one large pond. It will be necessary to dewater Ponds A & B as they are being excavated to allow the excavating equipment to enter the excavated area and safely and efficiently remove the sand from the pond bottom. This will allow for full depth excavation and proper reclamation of the edges of fonds A & B. It is the intention of Mr. Hurdle to only dewater the excavations as needed, which will not entail full-time dewateri ng. For excavation purposes, dewatcring will occur roughly every 30 to 45 days which will allow excavating equipment to remove approximately 150 loads up to ground level where it will be stockpiled for later use. When the stockpile is depleted from usage, the excavation area will again be dewatered, and another quantity of sand will be excavated. In addition, and in lieu of as needed, water will be removed from the excavated ponds to use as a water supply source to maintain correct water levels in Pond D for the existing commercial crayfish operation. It is estimated that due to the porosity of the soil in the area, Sediment Pond C and Crayfish Pond D will hold and disperse naturally most of the water removed from Ponds A & S during their excavation & dewatering, without overflow from Ponds C & D. Pond A (1.3 acres) will be excavated and dewatered by pumping groundwater through Gin and 8in irrigation pipe 450 feet to Pond C, and sediment will be allowed to settle there before standpipe overflow to adjacent wetland forest. Upon needs of the commercial crayfish operation, instead of allowing Pond C to overflow directly, water will be allowed to flow into Pond D through an 8in culvert under the causeway separating fonds C & D. — 2 — January 3, 2011 Excess water beyond what is needed to maintain correct water levels in Pond D will be allowed to overflow to adjacent wetland forest from Pond D. Water will be pumped by Gin gasoline -powered transfer pump operating at idle speed. After excavation of Pond A is complete, excavation of Pond B will begin. Pond B (2.0 acres) will be excavated and dewatered into adjacent Pond A and sediment will be allowed to settle there before standpipe overflow to adjacent wetland forest. Alternately, if water is periodically needed to maintain water levels in Pond D, water will be pumped from Pond it into Pond C, where it will be allowed to flow by culvert unto fond D. Water will be pumped by a Gin gasoline -powered transfer pump operating at idle speed. There will be 3 overflow discharge points in the permit area: Pond A on the north end, Pond C on the north end, and Pond D on the north end. All 3 discharge points will release clear water to an adjacent wetland forest draining to Mill Creek and Perquimans River. After excavation of Pond l3 is complete, the operator will excavate and remove the causeway separating Pond A and Pond B, as well as a portion of, or the entire, peninsula remaining between the two ponds (see map). Upon finish, Marty Hurdle Sand Mine will be a single pond with an average 20ft depth and maximum 25ft depth, and a maximum acreage of 4.7 acres if the entire peninsula is removed. There is wetland forest surrounding a blue -line creek on the east, west and north side of the proposed excavation, located 75 -- 120 feet from the excavation edge. The operator will establish a 50ft undisturbed buffer (no disturbance of any kind) adjacent to the east, west and north perimeter of the permit area. "Phis buffer will be maintained by the operator as pasture with grass and pine tree ground cover. In addition there will be a 25ft unexcavated buffer (may contain roadways, stockpiles, and sediment & erosion control devices) around the entire excavation ;rrca, between the excavation and the undisturbed buffer.. Inside of this unexcavated buffer, the operator will build and establish a narrow 300ft x 15ft x 3ft deep closed -end swale on the cast and west side of tine excavation, between it and the wetland. The purpose of these swales is twofold: in the event that monitoring shows that the adjacent wetlands are being affected or degraded by dewateting, the swales will be filled with water from the excavation and kept full, to serve as device to hydrate the wetland located downhill from the excavation. Secondly, there will be a small Gft wide x 2ft tall sand berm running on the outside edge of each swale, which will help the swale capture any eroded sediment from the excavation process. IIlie swales will only be built if observation shows any degradation of foliage in the wetland. If they are needed they can be built quickly and will be grassed over to prevent erosion. Another erosion control method used will be the establishment of a Gft wide x 2ft tall sand berm around the southern perimeter of the excavation. This will prevent erosion from damaging the excavation edges on this high end of the excavation. The operator will also establish a continuous silt fence along the outside edge of the unexcavated buffer on the cast, west and north sides of the excavation, which are the lowest portions of the area. "This will prevent any erosion from leaving the excavation area and — 3 — January 3, 2011 damaging wetlands on the outside of the undisturbed area during processing. All erosion and sedimentation will remain inside of the permit area. During mining operations and dewatcring, the majority of the water leaving the excavation will remain inside of the permit area and will only overflow occasionally. The majority of the water will be used in Pond D to maintain needed water levels there. The two ponds are shallow, and there is a sand layer below the bottom of the ponds. Currently water is constantly draining naturally back into the water table through the pond bottoms. The porosity of the soil under Ponds C & D will allow most of the water pumped into these ponds from dewaterulg to seep back into the ground naturally, and is in fact why the operator needs a good supply of water to maintain correct water levels. Any excess water overflowing from Ponds C or D will flow downstream towards the wetland forest surrounding the excavation area, and then on to Mill Creek. The excavation area is located geographically 500 feet from the ncarest dwelling (operator's residence) and 450 feet from the nearest public highway in a lightly populated area, and is accessible only by a private, gated access road. Distance from highways and dwellings along with wooded areas and fields on all sides of the excavation area provide adequate screening of the mitring operation, and the site is barely visible from the closest highway. Access to the permit area is limited by private property, and private road access. Upon receipt of the approved permits from NCDENR land Quality and Water Quality, Mr. Hurdle plans to excavate the mine to all average depth of 20 feet below natural ground level, and will include construction of proper cut slopes on all sides of the excavated area, as required in the pernut. Reclamation of the mine area will include grading, leveling, and grassing of all affected areas. Mr. Hurdle plans to seed all sloped areas with ground cover to provide good erosion control. All adjacent landowners have been contacted and have been made aware: of the proposed mining and dewatcring operation. The Perquiinans County Managcr has been contacted regarding this application and land entry agreements have been obtained. The mine area will be well marked with warding and keep out signrs to prevent inadvertent public access. Mr. Hurdle does hereby request approval for this mining and dewatcring permit application, and asks that it be expedited as soon as possible. Mr. Hurdle appreciates your consideration of this permit application and looks forward working with NCDENlt in coming years. Sincerely, Ken l-lliott for Marty R. Hurdle 622 RO{.KY HOCK CRIst3K R(?All • I?.UF,NTON, NORTH CAROLINA • 27932 PHONE': 252-482-9846 • FAX: 252-221-8695 APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) Name of Mine Marty Hurdle Sand Mine County _ Perquimans River Basin Pas uotank Latitude (decimal degrees to four places) 36.2266 N Longitude (decimal degrees to four places) 76.4212 W 2. Name of Applicant* Marty R. Hurdle Permanent address for receipt of official mail** 355 Swink, Gate Road Hertford NC 27944 'felephone ( 252 ) 426-9155 _ Alternate No. (252�) 337-4557 _ T 4. Mine Of7ice Address Same Telephone 5. Mine Manager Marty R. Hurdle 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 he cause for permit revocation. ***Signature �/C ���:�C�. Date December 31, 2010 Print Name Marty R. Hurdle Title Owner 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 connpany officer required. G. S. 74-51 provides that the Department shall grant or deny an application for a pen -nit 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. APPLICATION FOR A MINING PERMI1' NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of (lie 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 r:pon): 10.479 acres Of this acreage, how much is owned and how much is leased'? Acres owned: b.291 acres Acres leased:-2. 188 acres Property owner if leased: Russell & So11111e I•lurdle ❑ if this is an application for 14ENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No : Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No ❑. 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 ❑ (Il 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 ❑ Ifthis is an application for TRANSFER of mining permit, indicate the minim; permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE TLIE FEE SCHEDULE AT "THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO 1311. PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NO14-1) ABOVE 2. Name of all materials mined: Sand & topsoil 3. Njining method: Hydraulic Dredge Dragline & Truck Other (explain): Excava Front-end Loader & Truck ❑ Shovel & ['ruck Self -loading Scraper 4. a. Expected maximum depth of mine (feet) 25 feet Depth is relative to what benchmark? (e,g., natural ground level, mean sea level, road elevation, etc.)_ Natural ground level b. Expected average depth of mine (feet) 20 - 2 - APPLICATION FOR A MINING PERMIT Has any area(s) at this site been mined in the past? Yes N No ❑ If yes, when tend by whom was this activity conducted?—Septenbu 2010, 0.5 acru 6. Number of years for which the permit is requested (10 years maxirlIuni)! 10 years B. N1 A PS Clearly mark and label the location of your mining operation on six (6) copies ofa 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) conies of all mine neaps and reclamation maps, must be submitted with each permit application. 7.5-111inute quadrangles may be obtained from the N.C. Geological Survey: Nlailinu Address 1612 Mail Service Center OR Raleigh, North Carolina 27699-1612 (919)73;-2423 Physical Address: 512 North Salisbury Street, 5`r' Floor Raleigh, North Carolina 27604 County highway maps may be obtained from the N.C. Department of "I'ransportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandberg Court Raleigh, North Carolina 27610 (919) 212-6000 1:1111' illdoi !,l?, kt __l1( +.:?? }ill i C1(',i il.'ii ht!l'! 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 Latin 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 ruining peru>lit. 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). C. Outline and acreage of all pits/excavations. f Uutline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and oil -site haul roads. I. Location of planned and existing on -site buildings. Ili. 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 ofland that are adjoining the milling 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, InUst be provided oil the mine map, -3- APPLICATION FOR A MINING PERMIT p. Names of owners of record, both public and private, ofall tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any higivvay, creel:, stream, river, or other watercourse, railroad track, or utility or other public right -of -sway. 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 per111it. boundary, must be provided on the mine map(s). NOTE: "Highway- means a read that has t6Ur lane-s ot'travel or Ica and is not designated as an Interstate Highway. (I. Map legend: I . Name of applicant 1 Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised S. Name and title of person preparing map Map scales should meet the following guidelines: PERMn-l-ED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres I inch = 100 feet 200+ Acres I inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- APPLICATION FORA MINING PERMIT A table/chart must be provided on the aline neap that clearly lists the approximate acreage of tailln-s/sedllllellt Ponds, stockpiles, wastepiles, processing area/Haul roads, mine excavation and any other major aspect of the alining 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 Tallings / Sedimellt Fonds * 2.050 acres .Sedl1)7J w / Hydration S1 aJes 0.207 acres Stockpiles 0.000 acres Processing Area / Haul Roads / Unexcavated Buffer / Pipeline Access Road 1,948 acres Mine Excavation 4.712 acres Total Disturbed Acreage 6.867 acres "Total Undisturbed Buffer Acreage 1.562 acres Total Affected but not Disturbed Acreage 2.050 ucres Total Permit Acreage 10.479 acres * Previously existing sediment ponds - effected but not disturbed NOTE: IN ADDITION TO THE ABOVE, 'rFIE MAPS MUST ALSO INCLUDE ANY SI-I'I!:-SPECITIC INFORMATION TUTAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN TrilS APPLICATION FORM (PLEASE NOTE THE ITALICIZE!) QUE,STIONV. lS7'117-EAlENI', ' "THROUGHOUT THE- FORNI). THIS APPLICATION WILL NOT BE CONSIDERS-D COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON TII E iNIINl- N'IAPS. - 5 - APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES Describe in detail the sequence of events for the development and operation ofthe mine and re%ererrce rhc Sequence to the min ruup(.$). Attach additional sheets as needed. 1. Acquire proper- permits from NC Department of Environment and Natural Resources. 2. Site laid out with 50tt undisturbed buffer on north, northeast & west side of permit area adjacent to wetlands, and 25ft unexcavated buffer around entire excavation area. 3. Operator installs silt fence around north, northeast and west perimeter of unexcavated buffer between unexcavated and undisturbed bufler. Silt fence will also be installed along per'inreter of northeast access road where it crosses wetland forest. 4. Operator will dig excavation in 4 phases (see attached phase diagrarns); i Operator will excavate Pond A (1.308 acres) to full depth by dewatering into existing Pond C, then reclaiming side slopes in Pond A. Sediment Pond C will overflow from a point source discharge overflow pipe on north end of pond into adjacent wetland forest. Pond A will then serve as sediment pond l'or I'rrrther adjacent excavation & dewatering in Pond B. ii. Operator will next excavate Pond B (2.020 acres) to full depth by dewatering into Pond A. Pond A will overflow from point source discharge point on north end of pond. Depending on need, Pond A will instead be dewatered into Pond C:, and overflow on the north end of that pond, or into Pond D and overflow there. iii Operator will then excavate & remove causeway between ]'on(] A & Pond 13, leaving one larger- pond (3.560 acres) with peninsula on northeast side. iv. At. his discretion, operator will excavate & remove all or part of remaining peninsula on northeast side ofpond to increase total excavation area. Operator will decide how much to remove dependin 1 on needs & wislies at that time. Entire peninsula will be permitted to be removed Flesired. 5. The prialary purpose of this excavation will be to provide a source of I -esh water. for the operator's crayfish pond (Pond D). It is estimated that Clue to the porosity of the soil in the area, Sediment Pond C and Crayfish Pond D will hold and disperse naturally most of the water removed from Ponds A & B during their excavation & dewatering, without overflow from Ponds C & D. All 3 proposed point source discharges will be permitted by DWQ before dewatering, and will be monitored during the permit term. 6. Each excavation area will in turn first have topsoil removed clown to 2.5 feet below natural ground level and stockpiled, and then sand will be dug frorlr excavation area by excavator down to average 10 feet Below existing natural ground level, and stockpiled for later removal from premises. 7. To complete full depth excavation and slope construction of the pond edges, each proposed excavation will have to be dewatered. 8. Pond A; operator will establish a dewatering pump on the northeast corner of the excavation, and will run bin (expanding to 81n) irrigation pipe to existing Pond C (0.57 acres) located 450 feet east of the Pond A. Pond C will serve as sediment pond for excavation & dewatering of Pond A and will be permitted to overflow form a point source discharge located on the north end of that pond, which will overflow into an adjacent wetland forest, leading 10 Mill Creek &, Perquimans River. Pond C will also serve as a water source for existing Crayfish Pond 1), currently permitted by NC Dept. of Agriculture. Depending on need, part of water from Pond C will instead be directed to and flow into Pend D by a culvert connecting the two ponds, and will overflow if necessary from a point source discharge overflow pipe on north end of that pond, into adjacent wetland forest. 9. Excavation of Pond B will begin after the north, east & west side slopes of Pond A are completed &ground cover reclamation started. Pond B will be excavated south of Pond A, leaving a 30ft wide causeway between the two ponds. Operator will establish a dewatering pump on the causeway, and will dewater Pond B into Pond A, which will serve as a sediment pond. Pond A will have an overflow discharge point established on the north end of It which will overflow into an adjacent wetland forest, leading to Mill Creek & Perquimarrs River. Alternatively, upon need, Pond A will be dewatered into Pond C (and Pond D) as described above. 10. To dewater the Pond A excavation, water will be pumped slowly into PotjC1 C. Pump will run -6- APPLICATION TOR A MINING PERMIT several days continuously at idle speed until water level at the excavation has decreased to a level that will accommodate further excavation. dilater will either overflow from Pomi C, or will flow from Pond C into fond D via a culvert located under a causeway sepal-atirlg those 2 ponds. Water will be held in both ponds as needed for crayfish production, excess water will overflow. I t. Overflow -water wiff flow northward through an existing culvert from fond C or Pond D 250 to an existing 5011 long drainage ditch on the north side of the permit area. This ditch leads to a blue -line creek that flows westward 750 feet where it joins Mill Creek. Mill Creek Ilows west and south 1.7 miles where itJoins Perqulmans Rlvei•. The excavation will be dewatered as needed by the owner tiering the permit period in order to achieve full depth excavation. 12. Side slopes of Pond B will be reclaimed during dewatering. 13. After full depth excavations of Ponds A & B have been completed, the sand causeway between the 2 ponds will be removed & excavated, leaving a single larger pond (3.560 acres). 14. Additional sand from the remaining peninsula will be excavated as per- operator requieements, and remaining side slopes will be reclaimed. 15. Minimum 2: 1 graded slopes established around edges of pond area below groundwater level. 16. Minimum 3:1 graded slopes established around edges ofpond area above groundwater level. IT After excavation and edge sloping is completed, a low I fit x 8ft berm will be established around the entire perimeter of the excavated pond, with outside slope graded down to natural ground level. 18. All former stockpile areas outside of the proposed excavation area will be leveled and graded to natural ground level; any trash or debris cleaned up and removed. 19. Internal haul roads and processing areas of plain permit area will be leveled and graded to natural ground level, to be returned to natural field state. A 1011 wide field path will remain around the entire perimeter of the excavated pond for owner access. 20. Access roads & field paths to Swing Gate Road will be graded, leveled, and returned to pre- existing state. 2 1, Entire affected area inside of main permit area will be fertilized and seeded with groundcover and will be returned to its pre-existing field state. 22. All silt fence erosion controls will be removed. 23. At end of permit period, affected area returns to pre-existing, natural state. 2. Describe specific erosion control Measures to be installed prior to land CilstLll-bing actIVItleS anCl C11-1611g minim to prevent offsite sedimentation (!!!cl!lde .sImci fic p4Cui ' fbi- sctlimeI11 C"l11C1 crosion Coll1rol for 111111e em,11alioll(s), wclste piles, acees.c`nille roads mO1N'oce.4,1' CI!'C'(7.1) and give a detailed sequence of installation and schedule for maintenance of the pleasures. Locate micl l ibel all set ilnelll am'I crosiul! cowrol 17 msures mi the mile Pllap(.sj mid Im-o itle It')lCC1l Cl'U.1',1'-.1'CL'1lUILS'/CClll.l'll'11C'l!lJll Cielalll' Qj eoch Inea.surt. Engineering designs and calculations are required to UStrfy the adequacy of any proposed measures. Continuous silt tence erosion control will be established on north, northeast, and west side ol'excavation area between unexcavated and undisturbed buffers, prior to land disturbing activities. Silt fence will either be constructed of standard strength filter fabric with wire or polymer backing and steel posts set 8 feet apart, or extra strength filter fabric between steel posts 6 feet apart. Silt fence will be inspected weekly and repaired as needed. Operator will construct 6fl wide x 2fl tall temporary sand berm along unfenced perirtleter of unexcavated buffer to prevent otfsite erosion along south and east side ofexcavation area. Berm \,\,ill he grassed ind stabilized, and will be inspected weekly and repaired as needed. Operator will construct 30011 long x 15ft wide x 2.5it deep temporary closed -end swale along eastern unexcavated buffer to sense as rehydration device for adjacent wetland forest if needed. Device ivi)) serve as additional temporary sediment trap in that area, supplementing established silt fence. This excavation will have Eft wide x 2ft tall temporary sand berm on its eastern edge. Operator will construct 30011 long x 15ft wide x 2.5ft deep temporary closed-cnd swale along western unexcavated buffer- to serve as rehydration device for adjacent wetland forest if needed. Device will serve as additional temporary sediment trap in that area, supplementing established silt fence. 'I'Itis excavation will have 6ft wide x 2ft tall temporary sand berm on its western edge, - 7 - API'll,ICATION FOR A MiNING PERMIT 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water, handling? Yes ❑ No M. if Yes, briefly describe all such processes including any cherrricals to be used. Not applicable. 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 ❑. 1 f ye.5-, hricllj, clescrihe rhea 11(n re of l/le ilisclurge (ou'llocule till pl-opo-yecl clischco-,ge poitio (olmig rail/ lheii• mcihod of .wubj1i:t-Wm) oir.t om, mim mol)(�). 1} The primary purpose of this excavation will be to provide a source of fresh water for the operator's crayfish pond (Pond D). It is estimated that due to the porosity of the soil ill the area, Sediment Pond C and Crayfish Pond D will hold and disperse naturally most ofthe water removed from Ponds A & B during their excavation & dewatering, without overflow fi-0111 Ponds C & D. All ; proposed point source discharges will be permitted by DWQ before dewatering, and will be monitored during the permit terry. ?) To complete full depth excavation and slope construction ofthe pond ed-es, each proposed excavation will have to be dewatered, ;) Pond A; operator will establish a dewatering pump on the northeast corner oft lie excavation and will run bin (expanding to Sin) irrigation pipe to existing Pond C (0.57 acres) located 450 feet east ofthe Pond A. Pond C will serve as sediment pond for excavation & dewatering of Pond A and will be permitted to overflow form a point source discharge located on the north end of that pond, which will overflow into an adjacent wetland forest, leading to Mill Creep & Percluimans River. Fond C will also serve as a water source for existing Crayfish Pond D, currently permitted by NC Dept. of Agriculture. Depending on need, part ofwater from fond C will instead be directed to and Flow into Pond D by a culvert connecting the two ponds, and will overflow if necessary from a point source discharge overflow pipe on riot -Ili end of (Ilm pond, into adjacent wetland forest. 4) Excavation of' Pond B will begin after the north, east & west side slopes of Pond A are completed & ground cover reclamation started. Pond B will be excavated south of Pond A, leaving a 30fl Wide causeway between the two ponds. Operator will establish a dewatering pump on the causeway, and will dewater Pond B into Pond A, which will serve as a sediment pond. Pone! A will have an overflow discharge point established on the north end which will overflow into an adjacent wetland forest, leading to Mill Creek & Per-quimans River Alternatively, Upon need, Pond A wilt he dewatered into Pond C (and Pond D) as described above. 5) To dewater the Pond A excavation, water will be lumped slowly into Pond C. Pump will rcrn several days continuously at idle speed until water level at the excavation has decreased to a level that will accommodate further- excavation. Water will either- overflow from Pond C, or - will flow from Pond C into Pond D via a culvert located under a causeway separating those ponds. Water will be held in both ponds as needed for- crayfish production,. excess water will overflow. 6) Overflow water will flow northward through an existing culvert Isom Pond C or Pond 1) 2511 to an existing 5011 long drainage ditch on the north side ofthe permit area. This ditch leads to a blue -fine creek that flows westward 750 feet where it joins Mill Creek, Mill Creek Ilows west and south 1.7 miles where it joins Percluimans River. The excavation will be dcwat.ercd as needed by the owner during the permit period in order to achieve full depth excavation. -8- APPI CATION FOR A MINING PERMIT Will any part of the proposed mine excavation(s) extend below the wales• table'? Yes © No ❑ If yes, do you intend to dewater the excavation(s)? Yes ® NoFT li'yes, what Impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: 24,000 Locale till existirlg ive is ar the mirre ►raah(s) that lice 1, i11rh1500 fired r�flh� ��rcposccic-rcc�+a�ir»rar��u. Provide data to support ariy cunclusiorls or-statenle.rlt; made, incluciincl any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells No residential wells located within 500 feet of excavation area, local area served by public water System. (I. Ifyou answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water duality 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 clay and needs a capacity use permit from the Division of Water.Resources ifthe operation lies ill a capacity use area all(] withdraws more than 100,000 gallons per day. Applicant is applying for NCG020000 permit at this time. Copy of DWQ application attached. 4. a, Will the operation involve crushing or any other air contaminant emissions? Yes ❑ NoLLJ If yes, indicate evidence that you have applied for or obtained an air quality permit issEled by the Division of Air Quality or local governing body, Not applicable b, How will dust from stockpiles, haul roads, etc., be controlled'? Spraying water from water supply trucks on haul roads and process areas, or hauled R spread by bucket on excavators will control dust. Stockpiles will also be sprayed with water weekly if necessary to control dust. Speed limit on access roads will be maintained at I Oinph nia.imuM -q_ APPLICATION FOR A M.11NI.NG PPRM.IT a. A butler will be required between any musing activity and any mining permit boundary or right-ol'- way. It may be an unexcavated bUfter (no excavation, but roadways, berms and erosion R sedimentation control measures may be installed within it), an undisturbed buffer (no dislL1I-hLIllee within the butter whatsoever), or a combination of the two, depending upon the site conditions. Note that all buflLrs must be located within till: Mining permit boundaries, How wide a bufl-el• will be maintained between any mining activity and any minim permit boundary or right-of-way at this site? A minimum butler of 25 feet is recommended, although a wider butler mi►y be needed depending on site conditions. �Shmi, oll hrrffer lr)catrnlrs crirc! tl-iclrhs c»r IN rrrilte A mirlinunni 25ft wide unexcavated buffer will be maintained around the entire excavation. This butler will contain erosion & sediment control fences R devices, erosion control berms, roadways, processing areas, and stockpiles, A minimum 50 foot wide undisturbed buffer will be required between any land disturbilno; activities Within the mining permit boundaries and any natural watercourses and wetlands urlless S111lller undisturbed buffers can be justified. Depending on site conditions, a butler wider than 50 feet maybe needed. How wide an undisturbed buffer will be maintained between any land distr.lr-bing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Shosi� crll bi,ffi , localiotis Cuml 11,iclihS oil the mitie incil)(h). A 5011 undisturbed buffer will be established on the north, nortlleast, east, northwest, and west side of the excavation area. This undisturbed butt-er will located along the permit boundary, between wetland forest and 2511 wide unexcavated butter Describe ]methods to prevent landslide or slope instability adjacent to adjoining permit bourldal-ies durin$ mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and nlinimum 3 horizontal to l vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. Landslide or slope instability adjacent to adjoining permit boundaries will be prevented by construction of graded cut slopes during mining activities. Slopes will have a minimum 001 horizontal to 1 vertical gradient - to- APPLICATION FOR A MINING PERMIT b. 1'roviele cr cros,s-secliolr orl the mitre maj)(s) fi)r cr11 fit! ,slopes (berms, ii,a.stel)iies, mvi,bm-olclr clispo.ull mv(ls, etc.), clearly ilydiccrtiiig, the illlemlecl side slope svi-mheln, iil,wallcrlir)11 of cuiv heltcbes curd i)1 slope drerills (+14111 srtppot'th1 g cle.sigll illfn1'nl(11io11) if iweclecl altd the medlod of fim:11 slrthiliarlion. Dill slope cross-section of temporary erosion control berms attached to reclamation and mine maps and will have minimum 2:1 side slope gradient, final reclamation fill slope will be established at edge of cut during reclamation of mine, and Nvilt have 4: t sick slope gradient. c. In excavation(s) of'unconsolidated (non -rack) materials, specify the angle of all cut slopes irlcludinLI specifications for" beaching and sloping. cell cllt S10IMS milst her prcriric10(1all 111L 111r11e mcg)(1). Cut slope at excavation edge will have 3: I slope gradient from natural ground level to water table level, and cut slope from water table level to botioni of excavated area will have 2.1 slope gradient. In hardrock excavations, specify proposed bench widths and heights in feet. Pmi,lde of the mitre exccrn471io11 clecu•ly 1101ilig Ille (111gles of the cut .slol)c.s, i0cllhs of all sclfet.y bridles crud male heltches, ciml the e l)eclecl mctvimunl cleplli af the exccootloll. Not applicable. 7. Describe other methods to be taken during ruining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locale clll s wt i sirrrctllres otl the nrWe ntclp if thc;y clre +cilhhi 300 feet of mi1v propn.setl vxcavctlimi, Not applicable. Closest dwelling (owner's residence) is 500 feet From excavation; closest road is 450 feet from excavation, S. 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 boi.rlcle.r barriers may be acceptable high wall barricades. A cott.su•ttctir)1t delclibicross-sectiotr cold loccrtiolt of moll wpe of hcmricctde to be rl.sed must be imlicLtlecl otl Me nlhie ►nap(s). No high wall areas exist in this permit area. Caution Signs, warning signs, no trespassing, and/or keep out signs will be installed around eastern boundary of'permit area. Permit area is located 450 fleet Flom nearest public road (Swing Gate Road) and is only accessible From gated access road and private secondary access runnim, adjacent to operator's residence. APPLICATION FOR A MINING PERM F 9. Are acid producing minerals or soils present? Yes ❑ No ©. lfyes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled') Not applicable. 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. Shmi the locewjor1 of tall i4suol screelliltg o11 the whle ellmllm-o► hle cross-secliolls 1171•01rgh (111 PF0j,)OSe(1 hff/N.S (Jl• P1-oj,)0S0(1.1j)(1Ci11A,, sizes C110.s7ccies, for If-ec pktlltilr,gs. Existing natural growth of pine trees, fields and wetland forest arorind perimeter ol` pern�it area will screen operation from public view. No additional screening planned. b- Could the operation have a significantly adverse effect on the purposes 017r1 publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? Mine permit area located on private -owned farmland, No public parks, I-orests, or recreation areas located nearby. 1 l . Will explosives be used? Yes ❑ No N. 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 a'ir blasts of- 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 1lectrrst of oe occtll)iccl �!1 rrclrll E>(.�J !o the (111 the miiie m(il., aml mflic("1te its (tl.T��rc�.ri111ctic (listmice to the p1.o1)os04t` excm cttiolI, Not applicable. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No ®. lf.1"es, Eluscl'111e these 111(flerOls, hoii, then si ill he xiorecl c�11G meihocl nJcofltgl11111E'11111! c(:tse (1fg)ill. hrclic(11e the localio111(S) of oll slot -age fC1ciliiie1' oti the mine Not applicable. No fuel, solvents or chemicals stored inside permit area. - t2- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all at-Iected lands and indicate the sequence and general methods to be used in reclaiming this land. 'Phis must incttlde the method of reclamation ofsettling ponds and/or sedinrerit control basins and the method of'restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. 'T11b• iIV6ril -moll mil.vl he ilhLvii•cllecl on a 1'echi1 otion mc1I) cmill u.w cw'i'e.spoml c1lr'eci1v 1141h IhC: 111foi'iilalioli i. irori(1e(l on the Mine mgl)6). 11i michlioll, clesigil r11fol-mulioll, h1c'1114MIK 1�I)icol cro.'-s-Seclrolis, ol c11rV i)ei-mwlent Chculnels to he coil wilclell as pai'I of the i-ecl(im illonplun ctmi die localioii(s) Of cd1 pct-mc111e111 chumiels Iniv l he iluliccllecl olr the reelmumioir lucre. 1. Excavated body of water will be left as part of reclamation for recreational use by landowner, 2. After mine excavation and removal of sand and topsoil stockpiles, all disturbed land, alTected areas and access and service roads inside the permit area will be leveled and graded away from edge of excavated mine pit 8 feet until graded area reaches natural level. This will create a lovv berm located at the edge of the pit l ft high and will extend 8 feet wide away from the pit (see attached cross- section), 3. Rehydration control swale will be filled, leveled, fertilized & seeded, along with rest of processing areas. 4. Erosion control silt.fence will be removed, land graded & leveled a#ier removal 5. Access road to excavation area will be graded, and returned to original condition used as f-arm field access path, 6. Graded land and all atl-ected area will be fertilized and sown with grass seed by mine operator as per recommendation by County Agriculture Extension Agent (attached). Ultimately all reclaimed land from 8ft out from excavation will be returned to pasture and field. 2. is an excavated or impounded body of water to be left as a part of the reclamation? Yes ® No ❑, 1/' r•c s, illrrstl-We The locettioli r>/• the hoc'lv(s) of rr•crlel. cllr lltc rc<elalilatic)ll nlup Cale/ Ilr•uricle c( se;crlecl c:i'uss-seclion(5) lhrorlgrh the pi'ril)osecl boc/},(,) r?f ivotei•. The minimum water depth must be at least 4 leel, 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. Perch, Crapple, bass. 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 fell. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. C011.v11-11clioll delclil's c11141 loccilions r)f (I111)erriiclri�111 bca-ricocles must he shoivii on the r'eclmmilioii mcil). Not applicable. No excavation in rock. - [I- APPLICATION FOR A MINING PERMIT 4. indicate the method(s) of reclamation of overburden, refuse, spoil batiks or- other such on -site aline VVIUStC areas, including specifications for benching and sloping. P'Wctl c) v.`.5-.ticcliull., wlcl lrlcoliolls for sllch tu-eos nues1 he 1)1.00CICtl 011 117C 1•CC1CI111QI1011 I11C11). No mine site waste areas will exist; topsoil and sand stockpiles only. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. No processing facilities exist. Stockpiles will be totally removed from premises; sedimentation berms adjacent to excavated area are to be removed and will be filled, graded and sloped away from edge of excavated aline pit 8 feet until graded area reaches natural land level. Stockpile areas will be graded and leveled to flat natural ground level. All stockpile areas will be fer-tihzed and seeded with grass by mine operator at end of alining operation. Stockpile and affected areas will be returned to agricultural use by landowner. All onsite haul roads in immediate vicinity of excavation will be graded and leveled to flat natural ground level, and then fertilized and seeded with grow)d cover by the owner. A I Uh wide held Matti will remain around perimeter of finished pond for owner access b. Will any on -site roadways be left as part of the reclamation? Yes ❑ No ®, If yes, ide)I O) such rouchrclv5• r)111he i-eCICIMOIin1I 11101) CIMI I-ol'icie cieklils 011pet'lnculc itt l•OCIciclnciclilcil Iilie s0bili,:o1jo 1. Pre-existing access roads (942ft cC 76SR single -lane driveways & farm paths) from Swing Gate Road to plain mine site area and owner's residence will be returned to pre-existing standard during reclamation. The access roads will be constantly maintained during mining operations, and will be reclaimed by grading, leveling, and repairing potholes as necessary. Pre-existing ditches will be maintained and repaired as necessary, and returned to pre-existing standard during reclamation. A 1 Oft wide field path will remain around perimeter of finished pond for- owner access. 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 197I .) No off -site generated waste shall be disposed of on the mine site without )riot' written apI)f'fi`'al from the NC Department of Environnient and Natural Resources, Land Quality Scction and either the Division of Waste Management (DWM) or local governing body. If a disposal hermit has beefs issued by D%VNI for, the site, a copy of said permit must be attached to this application. All l(wif)u)'r11)' c111r.111Nrl11C1!)e1 l 1'L'f ov Cii.sl.10sell [.I)'elLs' m1l"o he uh wl•1}% eJc1ilH'111 W (111 the mine 1)wly(A) clll(l reclunl(11ioll Inof), cllolig IN& a list of ilelus to he cii•s7)osecl hI .rc1i(l to-ects. Any and all scrap rnetal, junk, cables or other such non -original waste materials will be removed fi-onl mine premises by aline operator and disposed of properly at Perquimans County Landoll, HobbsvMe, NC All topsoil or sand excavated by mining operation will be removed from premises before reclamation. No off -site generated waste will be disposed of on -site. APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for gear -round seeding, including the time of seeding and the amormt and type of seed, fertilizer, lime and 113ulch per acre. The recommendations must include general seeding 11Istructror7s !or 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 Enviromrrent 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 offorest Resources, Department of Environment and Natural Resources; f N.C. Erosion and Sedimentation Control Planning and Design Manual; g, N.C. Surface Minim Manual: A Guide for Permitting Operation and Reclar�iatiun; h. Others as may be approved by the Department. LIME - RATE OF AP.P.LICATIO.N (torts/acre): 0,5 ton / acre upon soil test: I+E.RTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 10. t0.10 fertilizer, 430 lies !acre, Spring, Summer & Fall SEED - TYPE(S) AND RATES) OF A.PPLICATiON INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed 'Tyres: Kentucky Fescue Rye Grass Bermuda Grass Seeding Dates: April November May Seedin%,- Rates: 250 lbs / acre 150 lbs / acre 85 lbs. / acre MULCH -TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF A.NCHOKINCr. Not applicable. OTHER VEGE'I'A'rIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing oftrees/shrubs, etc): Not applicable. Revegetation and/or reforestation plan approved by: Signature Print Name r r I'= r Title Agency _ Date - 14 - APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND 717e follorr'itig hoitCl ecticitictlioit 11YJrksheel is to he used io estcrhlish crtr o r(wge of S.5OIJ to 55,00(1 her ('{ff�clecl acre)foreach permiuecl whie site ha,ti'ecl uj..Nolt the acreggc a1i1.)rm,ec1 hr; ey /h I�Ef JCIi Iflh"Itl IU he c7 ected tfitrh r the ti c' o the m illtl ' erfnil. I'lea.re instil the Q l J!"o_I"IIl![1IL' aC!'l'a TL' Ur L'ilCl! cr.tilJecl l f the lltrlti!►,L! (Jflerctliolr, lhcrlynt! irtlmd 10 (iffecl clrrl itr;T the li e r' thislltittitt 1(;!'illll ii/ c.7(lclilir�tt, iVeose itt.yert the alJippriate recicumilioti cost/acre for ectch ectle, o -y r!'om the Schedule of Reciamcition Costs nroviclecl ti,ith this c.um iccition form) OR volt con dekir to the 1- evurtment to colculcitc vlutr holid frtr you haseci CATEGORY AFFErC'I ED ACREAGE RECLANIATION COST'/AC'RE* RECLANIA7ION COST, Tailings/Sediment Ponds*: 2.050 Ac. X $ 0* /Ac. _ $ 0* Stockpiles: 0.000 Ac, X $ /Ac. - $ Wastepiles. 0.000 _ Ac. X $ /Ac. _ $ Processing .Areall-lain Roads: 1.948 Ac. X $ 1800 /Ac. — S ;506.40 (includes unexcavated buffer, pipeline access) Mine Excavation: 4.712 Ac. X $ 500 /Ac, _ $ 2356.00 Other: Sediment / Hydration Ponds 0.207 Ac. X $ 1500 IAc. _ $_ 310.50 TOTAL AFFECTED AC.: 6.867 Ac. (TOTAL PERMITTED AC.: 10.479 Ac.) Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL. AFFECTED AC. above into the following two categories: a) ailected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded Cor positive drainage where measures will be needed to prevent off -site sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 6.867 Ac, b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ 6172.90 Inflation Factor; 0.02 X SUBTOTAL, COST: $ 123.46 X Permit Life (1 to 10 years): 10 INFLATION COST: $ 1234.60 TOTAL COST = SUBTOTAL, COST+ INFLATION COST = $ 7407.50 Total Reclamation Bond Cost: S 7400.00 _ (round down to the nearest $100.00) — -16- 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) fire chief administrative officer of each county and municipality in which any part ofthe permitted area is located as indicated oil the mine map(s); (2) all owners of record, both public and lfrivate, of all tracts of land that are adjoining the raining permit boundary; if an adjoining tract is owned orleased 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 mal)(s); and (3) ;ill owners of record, both public and private., of all tracts of kind that are adjoining tine minim; permit boundary which lie directly across and are contiguous to any highway, creel:, stream, river, or other watercourse, railroad track, or utility or other public right -of' -way. !fan 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 roust be notified (that are within 1,000 feet of the ruining permit boundary) as indicated on the mine map(s). "41 ighway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. T'hc 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 (tire proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted oil 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 Nvill be considered complete. Tnis SECTION INI UST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERM YFS ANDALLMODIFiCATIONSOFAMININGPERM ITTOADD LANDTOTHEPERM rr,I"EDAREA, AS REQUIRED BY NCGS 74-50(bl). SEE: THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTI.F.ICATION" - 17- NOTICE Pursuant to provisions G.S. 74-50(b I ) of The Mining Act of 1971, Notice is hereby giveit that Marty R. Hurdle has applied on December 2010 (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 nCw surface mining permit, ❑ a nlodificatiorz 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 submitled by the apl)Iicanl to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine sand & to soil on 4.7 acres located 2.4 (Mineral, Ore) (Number) (NI liles) East of Winfall, NC off7near road 355 Swin Gate Road (Direction) (Nearest Town) (Nurnber/Name) in Percfuinlans County. *SEE A1"I'ACHED l<4AP FOR PROPOSED PERMIT BOUNDARII'S AND CORRESPONDING ADJOiNING LANDOWNI-R NAMES AND LOCATIONS* In accordance with G.S. 74-50(b 1), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, ofall tracts of land that are adjoining the [Arlin - 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 ol'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 signiticant 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 ofthe 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 252-426-91.55 For information on the alining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please note that the Department will consider an relevant written comments/documentation within the nrovislons of the Mmmv Act of 1971 throuLdiout the annlicalion revlc%� til a final decision is n Bobby Darden, Perquimans County Manager PO Box 45, Hertford, NC 27944 (Addressec,/Owner of Record's Name and Address) December 9, 2010 _ (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) ltn Marty R. Hurdle (Name of Applicant: Include Contact Person & Company Name, if Applicable) 355 Swing, -Gate Road Hertford NC 27944 (Address of Applicant) -18- APPLICATION FOR A MINING PERMIT' AFFIDAVIT OF NOTIFICATION 1, Kenneth C. Elliott , 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, frorll the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the fbllowin�'i 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 nine tract, all owners of record oftracts adjoining these tracts, that are within 1,000 feet of the mining perralit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receil)t requested, to said owners of record at their addresses shown below, such notice belly given on a form provided by the Department: (Adjoining landowner Name) William & Sharon Chappell Daryl & Ella Mae Hurdle Russell & Sonnie Hurdle (Address) 376 Swing Gate Rd„ Hertford, NC 27944 393 Swim, Gate Rd., Hertford, NC 27944 347 River Front Drive, Hertford,_ NC 27944 Henri Eason 307 Dobbs Street, Hertford, NC 27944 (Attach additional list if necessary) 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.] Bobby Darden, PeF%limans County Manager (Address) PO Box 45, Hertford, NC 27944 �- 'rile 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 ]eased by the applicant or is owned by the lessor of the mine tract, aJJ owners of record of tracts adjoining these tracts, that are within 1,000 1'eet of the mining permit boundary) and the chief administrative officer o?the county or municipality in which any part of the permitted area is located in compliance with N-C.G.S. 74-50(b]) and 15A NCAC 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. --� - -- - _ December 22, 2010 _ Signature ol'Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following informatlot) I Name of applicant:._ Marty. Hurdle Title of person executing Affidavit Agent for Marty__R, Hurdle I, a Notary 'Public of the County of State of North Carolina, do hereby certify k1tt�-,.,.�`�n""" appeared before me this day and under,o�1 "pg,SIioged that the above Affidavit was rn � e i Witness my hand and notarial s al t1iJsR day af' Notar l�xM ` k l m Commission expires Y B �� Y p i P,"Ci��t►�� e by 111111/her. ?0 l0 APPLICATION FOR A MINING PERMIT A1" FIDAVIT OF NOTIFICATION 1, Kenneth C. Elliott , 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, fi-onl 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 urine 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 Narne) Douglas & Rita Chappell Elmwood Farms, Inc. CMH Flomes, Irrc, Five C's, inc. (Address) 520 White Hat Rd„ Hertford, NC 27944 598 Ocean Flitdiwav North I-lertlord,_NC 27944 5000 Clayton Road, Maryville, TN 37804 PO Box 1482, Llizabeth Citv, NC 27909 (Attach additional list if necessary) do also attest that the following individual is the chief administrative officer Of tile County or municipality in which any part oCthe permitted area is located and that notice ofthe 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.] Bobby Darden, Per(uimans County Manager (Address) PO Box 45, Hertford, NC 27944 The above attestation was made by ale while under oath to provide proof satisfactory to the Department that a reasonable etTort has been made to notify all known owners of record, both public and private, ofall tracts of land that are adjoining the alining permit boundary (including, where an adjoining tract is owned or leased by the applicant E7r is ovined by the lessor of the mine tract, all owners of record ofiract I I 011ling these tracts, that are witlli,l 1,000 Feet ofthe mining permit boundary) and the chief administrative officer OFthe county or 111rllliCipal]ty in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bI) and 15A NCAC 511 .0004(d). 1 understand that it is the responsibility ofthe applicant to retain the receipts of mailing showing that the above notices were czrused to be mailed -and t�c� provide them to the Department upon request. •� ` �l. _ December 22, 2010 Signature of Applicant or Agent Date Wperson executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Marty R. Hurdle Title o�fp�erson�enxec(uting Affidavit Agent for Marty R. Hurdle a Notary Public of the County of Chomn State of North Carolina, do hereby certify that _) C,VJ 1t LU-P i,. HQ1 appeared before ale this day and under g4(11t ekmt)WIedged that the above Affidavit was made by him/her. Witness my hand and notarial seal,;llu' `t f 'DzWr6cf' Notary: = my Commission expires '�'ti '°UB�'` ;p�`�N COUNT` 1171lllli 7009 0820 0001 9576 8347 ■ Complete items 1, 2, and 3. Also complete Item 4 it Restricted Delivery is desired. a Print your name and address on the reverse so that we can return the card to you, ■ Attach this card to the back of 1ho maiipieco, or on the front if space permits. 1. Article Addressed to: Russell & Sonnie Hurdle 347 River€rout Drive Hertford, NC 27944 A. nature x 0 Agent C L ❑ Addressee B. RecaP: ed by (Printed Name) C. Date of f3olivcry C LA D. 13 (w uty address 9.1terant trout item 17 © Yes +. _ r1 I$ YES, enter delivery adslrs temov:: ❑ No ; r 9 0 : c� 0 a. Sa ACO Typo s C] Certiflod Mall 0 t xprwn Mall rp Q C] Roglsterod © RoWn R000lpt for MerCtnrtdtsa ❑ Insured Mai ❑ C.O.D. 4. Rost fctod DdIVW {Errs Faa) ❑ Yes c 2. Artlde Numbor (riarrrsfru rrn sanrco lobar, 7009 0820 11001 9576 8347 1 PS Forni 3811. February 2004 Dat>estic Retum Receipt tt>zs9saz !r.-istQ _ -• ----- _ -. _ 7009 0820 0001 9576 8330 fj Sth • r • • )! 3 it 9 in a d Complete Items 1, 2., and 3. Also comploto A. EI nature i' o §� „ •', Item 4 it Restricted Dellvery❑ Is desired. Agent $ 4 Print your name and tsddress on the reverse. ❑ Acrdru:::.a©1 it .' p n so that we Can return the card to you. g, 1ocel•:ed by (Prl Narae) lbto 01 Doti-. R R $ ■ Attach this card to the back of tiro mailpiece, M or on the front if space permits.r/ •� --1 D. is ddivery ddd.�s dafarr nt trorn stern 17 ❑ Y'n 1. Artlela Addra3seC to: It YES. onter delivery nddrttss beklsrr: ❑ No G � _ C � Henri Eason CT M 307 Dobbs Street 0 s. 5r+rvsoorypo ' 3 Hertford, NC 27944 1 13CortModMoll ❑ Igrms&W ❑ Rogh-Aer©d 0 Rat= Aoftol for Morcf-wlsa , . ❑ insumd mwi © C-O.D. 4. ReortCted Doltvbry? (i t Fee) © Yes a.. ArlidoNwnber 7009 0820 0001 9576 8330 - - (Ttans:ar 0" z PS Form 3811, February 2004 Domestic Return Receipt 1 o?.59s• -44-1 W I 7009 0820 0001 9576 8163 * Gornplbto Items 1, 2, and 3. Also complete Item 4 if Restdctod Delivery Is deslrod. * Print your name and address on tho reverse so that we. can return the card to you. ■ Attach this card to the hack of the rnallp1we, or oa the front if space permits. 1 Article Addressod to: Mr. Bobby Darden Perquimans County Manage PO Box 45 Hertford, NC 27944 2. Ankle N=bor (TMOS.'ar hem servke moor) A. Signature Gent X E3. Rocah:ad by rlrr;od Name) C. Date o! I1mry D, b dv]Kmry addnm dirarant i m Liam t7 b ydsv, • It Y5S, onter delbrery aCdrds-a betrnv: ❑ t4o71 -0 � CD . 0 0 -c a. W&O TVae 0 CA-rslflod ball ❑ EKP= hMWI ° 0 Regbtorod ❑ Roturn Receipt for Merchandisa , 0 Insured MaV ❑ C.O.D, � 4. ReesMcted Ddtvery? fFxM Fec) ❑ Yes tp 7009 0820 0001 9576 8163 PS Form 3811, February 2004 Dormstic Return Rocdpt toas95-oz�.rsw . • Comp!oto items t, 2, and 3. Also cornp!oto Item 4 If Restricted Delivery Is desired. • Print your name and addrosss on tho reverso so that wo can return the Gard to you. a Attach thls card to the back of the mailploce, or on the Irorttrlf space permits. 1. Articlo Addressed to: CMH Homes, Inc. 5000 Clayton Road Maryville, TN 37804 A Signature X B. Rocolvedby{PrfntodAlarnej 0 Aoenl C. Date of Doll -wary NUI UBEU 0001 9576 8309 , • I dig O V J FR is n M l+ u, U as Vli 3 11 D. Is Ca -ay Address Wform'. frorrr,EBl71. ? ❑ Yes p n * ❑ No It YES, enter delivery addros� below: 1.16 C ) TA r� f ��Q I.e a , 3 u. o 3- Sar%4co Typo f 0 v+ ❑ Gvfttfloci Mall ©'Fscpr Mz o � ❑ Registered ❑ Rotum Rocolpt for Merchandise v © lrtzurod Masi 0 C.O.D. tZ 4. Rostrtcled DallvoryR Fxtm Fool D Yes 7, Artliclo rvurrt ffi-ansfrr f7009 0820 0001 9576 8309 (rranrrxn servke l:rbal) PS Form 3611. February 2404 Deftmik ROturn Rocoipt :azs oz•r+ +twa ; EE Complete items t, 2, and 3. Also complete Item 4 it Restricted Doiivery is desired, m Print your narrto and address on tho noverse so that we G.'rr+ return the card to You. * Attach this card to the back of the inallpieco, or on the front If space pormiis. i.l ArtiGto Addressed to: Daryl & Ella Mae Hurdle 393 Swingy; Gate Road Hertford, NC 27944 A, SEoneture r � X �- n 7009 0820 0001 9576 8354 — 0 ff 4 s, Rr3cehgd by 9 r Pri, ad NZ,k C. Data Of ofllivnry - � � A— r J '0 Agent .. 1 . I 1 . D, Ed dalhrery aaddn= diftoront trom item i T 0 Y 90 It YES, Ontor tf Wery edcress btr o.v: �"tio ' M - CR tL T � (D rD 3. Service Typa ) _ ❑ CortifW MAU ❑ Expras3 Mall ❑ Reaistorod ❑ Ratum Receipt for Momhandise a ❑ Insured Mail 0 C.O.D. � 4. ReStrlctod DOINery? (Extra Foe) ❑ Yas 2. Artldo nrumbor 7009 0620 0001 (ftnsfaf horn survko label) 9576 8354 PS Farm 3811, February 2004 Domestic Return F.ecolpt +ozsa5 oz-,h +sso ' 70D9 0820 0001 9576 8293 s r r ti ` a Complete items 1, 2, and 3. Also wmplete A wn`i n_ Item 4 It Restricted Delivery is desired. X � Agont n 3 tit Print your name and address on the reverse Addrussrx, so that we can return the card to you. Attach this tv back the B. W'q% x! b ( wod Narrxlf! C. Data rt all, C7 a .rrr card the of rnAElplece. 0 + or 6 the I'T4ht if zpaace p,7rmils. N �_ w $ a+ : • D. b detN• adders C:t!avM tram it 17 Y p Articla Addressed to: if YES. enter delivery address hetoeT Q tdo EL V Douglas & Rita Chappell rr ;0-- 520 White Hat Road Hertford, NC 27944 3. o Cc fI .WI o erpr*,Ma ❑ Registered ❑ Return Receipt for Morchandho ' 01 13 0 Enwod Mail ❑ C.O.D. C2' 4. ROSWCtod Dollvoryrl I XVV FW ❑ Yes An 0N1 sber Ii"rilrrsfer from servfc0lAbcefJ 7009 0820 0001 9576 8293 DC f:nrm .in11 IZQk . n, cnn.t rZrv. 14- nar.,m Ow.a1M .MSC+u:fk].r e.r Ian i I.' j . 70d9 0820 0001 9576 832�!3� ■ Comptato items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is drslrod. is Print your name and adds:.: on the sver.a so that vie can jeturn the card to you. ■ Attach this card to the tack of the mailplec© or on the front If space permits. Artlds AddressaC ta: William & Sharon Chappell 37G Swim Gate Road Hertford, NC 27944 Printed A"am2) Da:a Delivery _ c B. ReceNad by ( C. of O. Is de5vory a ldrrss Mrew, 1 trwn I'.orn I? t7 Yas 3 F� a It YES, outer dalivary WdrM below: 13-Na L/) c N a 3. SarksType re a " ❑ Conitied Mall ❑ Expr'= Mall ! �a = © Roglstored ❑ Ro%m R000lpt for RtarenandIne 90.r W p lmurrnd Malt ❑ G.O.Q. r.) -0 t 4, Restrk:ted DeLhTq? (gym Foe) 0 Yes � a. ArticleNurmtwr 7pp9 0820 ©oar 9576 8323 (rrafWav horn =%4co lahaQ N n� sS Forrrt 3811, February 2004 Qomes6c Poturn Flmoipt +de s oa r.+-r✓a }A ON 7p arr„Q9 08ti 20m 9576 8286 DELIVERY- r: � �0 i0n01 ' O Complete Items 1. 2, and 3. Also complete Item 4 If R03tdcted Delivery is desired. A Signature X E l t 7 Agent v ■ Print your name and address on the reverse Ili 1 f� -. ❑ Addressee 41 9 • . a so that we can. oturrt the Gard to you. ■ Atuach This card to the back of the mailploco, B. Recelved by { Printed P:arre) C. Data of Delivery �# , or on the front if space permits. ❑ Yes Q. Is c'el"rrury nddruss d,tferarrt from atom t? t. Article Addr.M,ert to: It YES, ontor delivory aadr=below: 0.40 a t1t %1 '^ �. n 4 5 C's, Inc. o� PO Box 1482 3. SM-;ceType Elizabeth City, NC 27909 0cartivedNall ❑ uprossmaii D Registered ❑ Return Rocolpt for Marchandbo ❑ Insured Mn11 ❑ C.O.Q. 2. Anicle Nurr PS Form 38'r ■ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ■ Print your name And address on the nsverso = that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front If space permits. 1. ArtlCto ,%adresred to: Elmwood Farms, Inc. 599 Ocean Highway North, Hertford, NC 27944 r- A. Sig.^.ature fi I lugHim LA �ucx n..2•r1•t::t0 703309 0820 2201 9576 8316 X ❑ Agent D Addro=an Ln a R000hod try ( wvrw Pare) C. Dato of Delivery. �.D 04 rrt D. is delivery oddrss dH or x+t f om itorri t 7 O Yos r i7 �1 I. YES, enter delivery address KAV: u Q; O O = CL . 15 T 3. service Typo I � v� 0 Certlltod Mail ❑ ExDr= ma ❑ Regist ❑ Rearm Reos.'pl for Mard=dfso ❑ Insured Mill ❑ C.O.D. r•► a. Rasirictod'Od'very? (� Fooj G Yes - _ _ 2. Article tr umt 7009 0820 0001 9 5 7 6 8 3 3r 6 (linrnfar sttrvke la aQ PS Form 3811, February 2004 Dommile Ratum Rf*elpt toxsgscz•r.,•+�e APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: / Signature: ��/ ' . i����,�� Signature:* Print Name: Mary R. Hurdle (Title, if applicable) Company NIA _ (If applicable) Address: 355 Swing Gate Road Hertford NC 27944 Telephone: ( 252 ) 426-9155 Date Signed: December 28, 2010 Print Name: Marty R. Hurdle ^ Title: Owner Company: NIA Mine Name: Marty Hurdle Sand Mine Telephone: ( 252 ) 426-9155 Date Signed: December 28 2010 *Signature must be the same as the individual who signed Page I of this application. One orip_inal and five (5) copies of the completed application, six (6) conies of all location mans, mine mans and reclamation maps, and the appropriate rocessin fee (see next ►age for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must he sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. --- Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. -20- APPLICATION FOR A MINING PERMIT C. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT - Signature: I i t Srgnature: 1) M, l Jln,, � Signature..* % Print Name: Russell & Sonnie Hurdle (Title, if applicable) Company NIA (Ifapplicab e) Address: 347 River Front Drive Hertford, NC 27944 Telephone: ( 252) 426-4699 Date Signed: I )T 3 �(— I o Print Name: Marty R. Hurdle Title: Owner Company: NIA Mine Name: —Marty Hurdle_ Sand Mine_ Telephone: ( 252 ) 426-9155 Date Signed: December 282010 *Signature must be the same as the individual who signed Page 1 of this application. tion mans, mine mans and reclamation maps, and the appropriate processing fee (see neat page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quali!j 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. -21 - APPLICAXION FOR A MINING PERMIT MINING FEE SCHEDULE A nonrefundable permit application processing tee when filing for a ne►, mining permit,it major hermit motfilicalion or it renewal permit is required as follows: 0-25 acres 26+acres New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $1,000.00 Permit Renewals $750.00 $1,000.00 'Fransi:ers/Minor Modifications* $100.00 $100.00 * A nonrefundable S IM.00 pcl•I1111 application processing live is required i41r minor permit modilicatitoils. Minor permit uualiGcalions include ulrnership a u.nsfcl s, uauu• changes, bond substitutions and permit renclrals where tiro mine is inactive and 11111N. stabilized. A minor perulit urodilicatiou also includes lands added to a periuitted area, uutside uFllhe rafnimmn permit butler'zonc 1'e11111!'E'lllk'lllti, 11'here ml J&HIS fol• mining rcialed disturbance ol'fhc added rands have been approved. All other rhanges arc considered 0131jor permit modifications. Acres fur new permits and renewal pernliis means the total acreage al the site. Acres For major mWilicatiou ur permits means that :n r;r of hard alrected by the Modification Evilhin the permit-41 Infne area, ur all) additional land that is to be disturbed and added fu an evisting permilted area, oe both. _ 23 -