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HomeMy WebLinkAboutNCG020786_COMPLETE FILE - HISTORICAL_20110615 (2)STORMWATER DIVISION CODING SHEET RESCISSIONS PERMIT NO. I• DOC TYPE 14 COMPLETE FILE -HISTORICAL DATE OF RESCISSION ❑ �CJ I I b YYYYMMDD NC®ENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director June 15, 2011 Mr. Marty R. Hurdle 355 Swing Gate Road Hertford, NC 27944 Natural Resources Dee Freeman ECEIVE etary JUN 2 0 2011 DWQ- ARO Subject: General Permit No. NCG020000 Marty Hurdle Sand Mine COC NCG020786 Perquimans County Dear Mr. Hurdle: In accordance with your application for a discharge permit received on January 6, 2011, we are forwarding herewith the subject certificate of coverage to discharge under the subject state — NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate ofcoverage. Please be aware that mine dewatering at your site has the potential to impact adjacent wetlands. The specific requirements for mine dewatering at facilities near wetlands can be found in Part [It, Section E of your permit. You must abide by your Operation and Monitoring Plan approved by the Division. Please note that mine dewatering wastewater includes wet pit overflows caused solely by direct rainfall and groundwater seepage for this type of mining operation: Any discharge of this water (and any stormwater commingled with it) is subject to the effluent limitations in this permit. This general permit allows the discharge of stormwater and certain types of wastewater from your facility. In your application, you specified that only mine dewatering water would be discharged from this facility. If separate point -source discharges of stormwater occur (i.e., stormwater not combined with mine dewatering water), you will be required to adhere to the conditions in this permit for stormwater discharges. Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 91M07.64941 Customer Service: 1-877-623-6748 Internet: www.rimaterquality.org NorthCarolina )Vatur171111 An Equal Opportunity 1 Affirmative Action Employer Mr. Marty R. Hurdle Marty Hurdle Sand Mine — NCG020786 June 15, 2011 Page 2 of 2 This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. If you have any questions concerning this permit, please contact Robert Patterson at telephone number (919) 807-6375, or at robert.patterson@ncdenr.gov. Sincerely, ORIGINAL SIGNED BY BETHANY GEORGOULIAS for Coleen 11. Sullins cc: Ken Elliott — Elliott Consulting Scott Vinson - Washington Regional Office Central Files Stormwater Permitting Unit Files . , 1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020786 STORMWATER AND MINE DEWATERING DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Marty R. Hurdle is hereby authorized to discharge stormwater and mine dewatering water from a facility located at Marty Hurdle Sand Mine. 355 Swing Gate Road Hertford Perquimans County to receiving waters designated as an UT to Mill Creek, a class C; Sw water in the Pasquotank River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective June 15, 2011. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this 151" day of June, 2011. ORIGINAL SIGNED BY BETHANY GEORGOULIAS for Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission NCG020786 11 Marty R. Hurdle III Map Scale 1:24.060 Marty Hurdle Sand Mine Latitude: 360 13' 35" N Longitude: 761 25' 16" W County: Perquimans Receiving Stream: UT to Mill Creek Stream Index No.: 30-6-5-(1) Streams Class: C; Sw Sub -basin: 013-01-52 (Pasquotank River Basin) Facility Location Elliott Consulting 622 Rocky Hock Creek Road Edenton, North Carolina 27932 Phone: 252-339-3206 D Scott Vinson NC Department of Environment and Natural Resources pell M1t 1��5Division of Water Quality Surface Water Protection Section f U C(�'7 943 Washington Square Mall Washington, NC 27889 ---------------------------------------------------------------------------------- Dear Mr. Vinson, 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 100ft 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 -; ... - t r. - _ � - � _ � - r If D 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 ` '• .�lY jar: t • r ^ '� ey w; .+ t' `art✓ �tS ,,,j' -i}r �K�r�Jr7= =bit t ! c: r •C "k' x.1171 47 E' AwMf tir t - Y�- .� Tf . 4 Steiped'Bass �_ ��_ 4�'�r. �` - Yam•. � :" �, �,��\`� � ', �� � * � Ni - `a tt�-ti_ *'„'��a - '�-' S. `o• -� .L n J ,s �-��,^ M� t"�•��R�� A- ._gam-.,�-.`�'.:� �� •` '�' �I ;-� ✓ j�� x }�—.i',.' ✓+,at' 'C.'f+^.'yi,,.'�:� �,�+'y`,g``�y �i'•' j e '�- rs.,.. - :.ice. •.:d. 'Ij.: 3.'�t- �.++'3r�.�'�r+` ^�'--''- `y t Y �T ;fmapetlS+Ge'vlopical'SuiYeyt, 4� ,' �36 1,3'35,58 .N y .76'24'59.64" W y. cicv iZdt _ ' • ([, ; tEy�alt) i4346 fZ 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. 21 Check dams: Rock check -dams will be constructed in blue -line creek drainage ditcl}/S�' • f adjacent to southern access road to prevent erosion and restrict sedimentation from ��ID reaching downstream wetlands. Locations are shown on revised mine map and construction details are attached to this letter. 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 mind 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 ----------------------------------------------------------------------------------------------------------------------------- i 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 l levels in the swamp will be taken bi-weekly and documented, photo g by of the h� b� �'} `��`' wetland areas will be done monthly or as needed and documented. ' �!U 9. Due to proximity of adjacent wetlands, all dewatering activity will be documented SD'� 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'x501 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 Elliott Elliott Consulting 2/23/2011 0 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 FEB 24 2011 County: Perquimans County , Prepared by: Ken Elliott, consultant, H 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 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 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.- 0 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 any 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 6e 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 7 activities will take place weekly, soil s�m_nles 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 chemical flocculants at Marty Hurdle Sand Mine. Signed, rk-Ezc�p 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 FEB 2 4 2011 Figure E.Oda Gravel ontrancoleAl keeps sedimant from tearing fie crostrucaon site (modilied from Va SWCC). 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 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' Litz tr.r wrmr •e..►n �., o In .nr Era3e-5cation View L-7h. dLV...—h tail PO U A and 8 — of W"'a a<evetion 4 �8 ` y 1•1w. ..,.. 77'mn 9' mm 4 ':1 `s F Vhs+Mth Plan Vicw 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: Rip rap 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 FEB 2 4 2011 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 flat-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' min ►I *: 18" min �If��:,:"II•� II� � Il���::�llf�.�._Ifl 4-_r + do 6' typical - -- - -r A 5-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. Coarse aoareaate _ 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 � S. - M-1 - � Ken Elliott, consulting February 22, 2011 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 FEB 242011 Pipe Outlet to Well-defined Channel Trapezoidal Riprap Channel Design top width I Design depth of III lllkillll— 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. 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 cFVAPPLI ' �yE�1AM ' ,,$ 4J1"•� �Lu�LtN�GRE.�� ffl��s� F�ti�'N+s�� 1. ���`•. �.�:£, ' `"p=�flP � •,� W IC' p Np ► VE FLdop qsRFL 60 O V� •pAR • lli��� D BUFFElge£p ♦ PE POND tvERT i w s NExCAVATE ■ BCjFt ' ar[c _ AtP N s x523 4 569 AC GU '�► • z . k .• FR �o �T+RiN� 30 3,s Q©NDD "'w x CAD 4S2 AG 1. 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Oa�O°9Ry WETLAND FOREST MARTY HURDLE Q IDE UNEXCAVATED 13UFFER T a z�FTw p PROPERTY p ■`rrr■■■■r■arrrr• * ■ 110 FT • RI�G P4PELINE• WETLAND FOREST �� • r3 Q0 DEWATET Rfl� �Ofl 44 : 0 /NF � 10 F wAT£RN ' P11 . 2 LJ • %7 + - .• 2C', :• POINT A O .� • ra � G d 3 ' * • • M O U' 4 0 • o 0 x r N� O NpARY �� � �QERp�1lT $ U F. ■ Y ❑ ■ � �h � ** •'� 10 FT 1D P��M4T gOU'ADAFt ❑ ■ U) LLJ ■ ■ • .�0 + r ❑ ' z ■ PENINSULA �Kn +• Z� fi :O r a ❑ ¢ ■ p MAY BE PARTIALLY OR • TA • o `L W HOLY EXCAVATED w . w ❑ • : a r F u` • �.i �.0 +i +� POINT 8 or � • , g D Z w +{ 0❑ o + O r-w < in D r a z❑ o s . ,� 0 0 M❑ a U � D • � Y Lu ❑ uti (Q D • a 3 a 2 D i a ❑ H i:0 D • 4 13 • � ■ <u ❑ m " • 4.7 ACRE POND (INCL PENINSULA) •• yQ ❑ 0 w 20 FT AVG DEPTH lk ■ ^o ❑ ■ 25 FT MAX DEPTH 0 �_ • _ � lu ' D vi • �o ❑ Lj" D ❑ ? zcu ® + �Qe MARTY HURDLE ❑ w J + PROPERTY O :tn ■ k ❑ ■ ® PASTURE! FIELD • ■ ® Q ♦ _ r • A J MtNE MAP ❑ ■ Q • W MARTY HURDLE SAND MINE ❑ • 0 :3555WING GAIE ROAD " O ® • HERTFORD, NC 27944 PERQUINIANS © AF�4 " O D Q /O O 0• a� MARTY R. HURDLE -OPERATOR ❑/BOG ♦♦♦♦ �QO °C A MAP SCALE 1 IN=60Fi ❑°9 krc ♦♦♦ OR1F CO 0 N MAP PREPARED BY R �' ♦ �A O © & ♦ 4 KEN ELLIOTT CONSULTING ❑ ���' Cc ♦♦♦ �O� �o JA • ORIG12.31.S0.REviSEG2-i0f © ��%♦ � F'q O� � ♦ r.n,.,ixl I .rrrcnnuk,ci All Op 40 EI CL 13 1wH IwYvwGel i Wrw MrsY. I k. �` L ♦ ® ♦ G �P n,n.rm u. n. r,Mnw r..Yzap ❑ td IA NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Marty R. Hurdle 355 Swing Gate Road Hertford, NC 27944 Dear Mr. Hurdle: Division of Water Quality Coleen H. Sullins Director February 15, 2011 - Subject: General Permit No. NCG020000 Marry 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 (NPDES) 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 infonnation 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 (2ftJsec) 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 Washinglon Square Mall Washington, NC 27889 interneC www,nowaterquality org Phone: 252-946-64811 FAX: 252-946-9215 FAX: 252-946-9215 One NorthCaroiirla ;Vatimallif An Fnual rinnrmirily 1 Atfirmalioa Arfinn F.mdover And a copy to: NCDENR, DWQ, Stornnvater 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) R bert Patterson.. DWQ (email) . Jashington Regional Office North Carolina Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Sincerely, Scott V in son Environmental Engineer Interrec. www.ncwaterquality.org Phone: 252-946-64811 FAX: 252-946-9215 FAX: 252-946-9215 None rthCal-olina ;Vatumlly An Enual Onnnrtunity 1 Affirmative Action Emnlover Vinson, Scott From: Vinson, Scott Sent: Wednesday, February 09, 2011 11:35 AM To: Patterson, Robert Subject: RE: NCG020786 - Marty Hurdle Sand Mine, Perquimans county Robert, DLR has sent their request for add.info. to Ken Elliot (consultant) for the mining permit and Ken gave me a call yesterday. He wanted to discuss some of the points I brought up to DLR mostly regarding the wetlands crossing of the secondary access rd.. He said that it was an existing dirt path through the woods that has been there for a very long time and that they were not planning on improving it, nor were they to use it for the mining traffic. It's just to be used by Mr. Hurdle to access the property with his pickup truck as he has always done. 1 told him that because the plans and narrative did not show nor discuss this, we believed it to be a proposed road crossing. He said he would revise the plan and narrative. also told him that they needed to also document (photos) that the existing wetland crossing with culvert pipe has been existing as a farm access path so as not to cause any problems in the future. 1 told him that we had some additional questions regarding the 0&M & plans and discussed the need for outlet protection at the pipes, the hydration swale cross section detail and a reevaluation of the quarterly monitoring of the wetlands and to reduce that time between inspections to either weekly or bi-weekly. What do you think? He mentioned that he may also add that Mr. Hurdle could take photos of the wetlands to show during the progression of the mining over time. I told him that would be fine. When I asked him about the pipeline through the wetlands to the crayfish pond, he said it was going to be simply a 4-6" irrigation pipe laid on top of the ground, no digging, no filling of the wetlands. I don't think it he would need a 404/401 certification for doing just that, but he needs to explain better in the narrative. I mentioned that we would follow up with an add.info. letter to him with our concerns. This is my first dewatering /O&M review, who sends the letter, you or I? Just wondering, Scott From: Patterson, Robert Sent: Tuesday, February 01, 2011 7:13 AM To: Vinson, Scott Subject: RE: NCG020786 - Marty Hurdle Sand Mine, Perquimans county Finally got a chance to look at this one. Couple things I saw that may be potential issues: 1. Need outlet protection on the 3 outlets. They must provide non -erosive flow (2ft/sec) for the 10-yr storm into the wetlands. 2. Would they also need a 404/401 for the pipeline through the wetland to the crayfish pond. 3. They don't provide any details about the hydration swales. X-sections, elevations, etc. Let me know if you want to talk about it more. Robert From: Vinson, Scott Sent: Thursday, ]anuary 27, 2011 5:03 PM To: Patterson, Robert Subject: FW: NCG020786 - Marty Hurdle Sand Mine, Perquimans county Robert, I don't know if you read my last email with our DWQ review sheet attached, but I'm not quite finished reviewing the O&M dewatering plan just yet. Samir's out sick today and likely tomorrow, but I'd like to discuss it with both him and Thom on Monday and then I'll get back up with you on the application. Thanks, Scott From: Edgerton, Thom Sent: Friday, January 21, 2011 9:27 AM To: Dumpor, Samir; Vinson, Scott Subject: FW; NCG020786 - Marty Hurdle Sand Mine, Perquimans county Hey. I looked on the tracking and see that Scott is the lucky number. Please let me know if I can be of assistance. Thanks, Thom Thom Edgerton Environmental Engineer NCDENR - DWQ - Surface Water Protection Section Washington Regional Office (252) 948-3963 Phone (252) 946-9215 Fax 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: Patterson, Robert Sent: Friday, January 21, 2011. 7:43 AM To: Edgerton, Thom Cc: Hodge, Al Subject: NCG020786 - Marty Hurdle Sand Mine, Perquimans county Thom, Just wanted to send you a heads up...l'm sending a hardcopy of the application package for this one. It is too much to scan and email. I haven't reviewed it in detail yet, but it does include a pumping plan. Let me know if you have concerns about it. Thanks! Robert D. Patterson, PE Environmental Engineer NCDENR I DWQ I Stormwater Permitting 1617 Mail Service Center, Raleigh, NC 27699-1617 (Mail) 512 N. Salisbury St, Raleigh, NC 27604 1 9+h Floor (1-ocation & Parcels) (919) 807-6375 Phone i (919) 807-6494 Fax I Robert.. Patterson0mcdenr, ov Email Website: htti)://r)ortal.ncdenr.org/web/wgYwsZsii h,A Bclbre printing iliis email, please consider your budge[ and the cnvironmenl. 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. NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Marty R. Hurdle 355 Swing Gate Road Hertford, NC 27944 Dear Mr. Hurdle: Division of Water Quality Coleen H. Sullins Director January 21, 2011 JAN 2 4 2 01 i jt' -1 � t�'titir ( k r. t. A R 0 Subject: General Permit No. NCG020000 Marty Hurdle Sand Mine, NCG 020786 Perquimans County 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 permit submitted to the Division of Land Resources (DLR). Please be aware that the issuance of an NPDES permit is contingent upon the issuance of an associated mining pen -nit from DLR. Our office will process your stormwater permit application once a DLR mining pen -nit 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, httpa/portal.ncdenr.org/web/wg/ws/su/npdessw. See Part III, 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 issuance. 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 permit. 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 O&M Plan) has been, forwarded to Mr. Edgerton. Additionally, new coastal stonmwater management rules (SESSION LAW 2008-211) were implemented October I, 2008. Due to these new rules you may be required to apply for an additional State Stormwater Permit if you arc 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 permit. If you have any questions concerning the NPDES permit approval process, please contact me at (919) 807- 6375, or at robert. atterson c .ncdenr. 'goV. 1617 Mall Service Center, Raleigh, North Carolina 27699-1617 Location:512 N. Salisbury St. Raleigh, North Carolina 27664 011e Phone: 919-807.63CO 4 FAX: 919-807-64921 Customer Service: 1-877-623-5748 North Carolina Inlernet: www,ncwatercluality.org An Equal Opportunity 1 Affrmalive Aclior Employer alarally Mr. Marty R. Hurdle Marty Hurdle Sand Mine—NCG 020786 January 21, 2011 Sincerely, Robert D. Patterson, PE Environmental Engineer Ston'mvater Permitting Unit cc: Washington Regional Office, Thorn Edgerton Central Files Stonnwater Permitting Unit Files Page 2 of 2 A/Jo cze�r NCDENR tl'JMSH C.wu.rw Q[}•PiMG+1 Or fHvn�av,a•v7 um N•Tl.!•1. iY•,�,Krs NOTICE OF INTENT Division of Water Quality 1 Surface Water Protection National Pollutant Discharge Elimination System NCG020000 FOR AGENCY USE ONLY Date Received Yew I Month I Da r lot 1 06 Certificate of coverage Check 11 Amount 3 / co� Permit Assigned to National Pollutant Discharge Elimination System application for coverage under General Perml O NCG020000: STORMWATER DISCHARGES associated with activities classified as: r , er`r aril` R SIC (Standard Industrial Classification) Code - 14XX Mineral Mining Industry (except as specified below) The following activities are also included: • Active or inactive mining operations (including borrow pits —except for NCDOT borrow pits) that discharge stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; • 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 Gener efrnir� `-'�V i • Stormwater discharges associated with peat mining, coal mining, and metal mining • Stormwater discharges from mining operations which are intermixed on site with s rm aWfra?n esp4.h operations and/or concrete operations; • Stormwater discharges associated with oil and gas extraction operations; and W q rZ • Stormwater discharges associated with tourist gem mines g • NCDOT borrow pits are covered under NCS000150 The following discharges are covered by NPDES -general Permit NCG520000 instead of NCG020000: • 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 existing 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. Construction, modification, -or installation of any new treatment components 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 & A139- Page 1 of 7 tAs per 15A NCAC 2H .0106 ZUnless 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. 5WU-217-071408 fast revised 7/14/08 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 staff2 along with this application. A copy of the design calculations should be Included. Please see questions 18 & 19. Table 1: Wastewater Permit ATC/ATO Requirements Mine Dewatering Yes No Quarries — • Sand Pits — • Clay Pits • Any Dewatering with Chemical Treatment • — Process Wastewater Sand/Gravel — • Closed -Loop Recycle — • Other Recycle • T rls� 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 allpermit correspondence will be mailed): Name Marty R. Hurdle Street Address 355 Swing Gale Road City Hertford State NC ZIP Code 27944 Telephone No. 252 426-9155 Fax: E-mail Address crawdaddy252Qembargmail.com 2) Location of facility producing discharge: Facility Name Marty Hurdle Sand Mine Facility Contact Marty R. Hurdle Street Address 355 Swing Gate Road _ City Hertford State NC ZiP CodeVY27944 County _PeLquimans County - - __.__..------_- Telephone No. 252 426-9155 Fax: Contact E-mail crawdaddy2520embargmail.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 Pe'rquimans 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 NOI Application applies to which of the following: 0 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-217-071406 Last revised 7114/08 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 dewatering: 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 Creels, Perguimans 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), N/A Receiving water classification (if known): C; Sw; Note: Discharge of process wastewater to receiving waters classified as WS-II to WS-V or SA must be approved by the N.C. Dept. of Environmental Health. If DEH does not approve, coverage under NCG020000 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 Cl 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 oeration. 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)? 0 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: DWQ cannot issue a COC for the NCGO20000 General Permit until a Mining Permit is issued or renewed by the Division of Land Resources (DLR). Page 3 of 7 SWU-217-071408 Last revised 7/14/08 NCG020000 N.O.I. 12) Will this mining operation precede development activities at this site? 17 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)? 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? I] No ❑ Yes Wastewater Treatment Facilities: 18) Will mine dewatering discharges occur? (AMATO required for clay pits or dewatering with chem. treatment) ❑ No Ej 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 I7 Yes If yes, answer the following questions on the wastewater treatment system: 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 be 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. (Ilse separate sheet(s)] Does this facility employ chemical additives to flocculate suspended solids? O No ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive Note: Please see htto://h2o.enr.state.nc.us/ws/PAMS list.htm for a list of approved polyacryiamide (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? ElNo ❑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? 0 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 (i) 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 7/14/08 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 I Operator (Signature of Appficant) (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 0&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 NC602000 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 outfail(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 7/14M 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, 3S5 Swing Gate Road, Hertford, NC 27944 County: Perquimans County Prepared by: Ken Elliott, consultant Date: December 31, 2010 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 Bin 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 bin 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 On 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 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 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 15ft x 3ft deep closed -end swale 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 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 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 also 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 any 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 ail 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. • 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. • Adjacent wetlands will be inspected quarterly by physical inspection of foliage, walk-through, photography, and soil samples observed on premises. Any degradation will be noted, monitored & recorded. Solutions to any degradation caused by any mining activity will include alteration of dewatering process and installation of rehydration swales described previously. 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 Creels 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 inspection, 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 chemical flocculants at Marty Hurdle Sand Mine. Signed, Ken Elliott for Marty R. Hurdle December 31, 2010 MARTY HURDLE SAND MINE, HERTFORD, NC 27944 WATER FLOW ALTERNATIVES DURING DEWATERING EXCAVATION & DEWATERING PROCESS OF POND A POND A (1ST EXCAVATION) { PRIMARY DEWATERING i POND C DIRECTOVERFLOW (SED POND) nR ' OUTSIDE OF AREA POND D (CRAYFISH) EXCAVATION & DEWATERING PROCESS OF POND B POND B (ZND EXCAVATION) PRIMARY DEWATERING POND A (SED POND) PRIMARY DEWATERING f Y POND C DIRECT OVERFLOW (.SED POND) OR OUTSIDE OF AREA OR DIRECT OVERFLOW Ot1TSIDE OF AREA POND D (CRAYFISH) DIRECT OVERFLOW OUTSIDE OF AREA DIRECT OVERFLOW OUTSIDE. OF AREA ki " ` O .LR4 � I uzs b >. i / ,rioY M'Ya••.0 u' - � I I ,'! ,'� 'T o KenE�iott,cnnsuRing December 8, 2010 S� .! F 111a 32L LM im LM IM Uil iM 21-1 �- � _ Lu ., 1 o - ?A A _ . 5756 !V SW 370 (CHAPANOKE) 372 ?Rr 374 37,1 a� 1223 ° pIN .. v wv rccCHAPANOKE A, •� ° `� � 45 1221 mar r - !2 4.8 �� p GEO MAP 5 oUtµ�RN 0a as ? •r MARTY HURDLE SAND MINE 355 SWING GATE ROAD HER t_0RD. 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' w ELL MARS Juan GA E FZOAD •••••••pROCES •" •``�• IC p 355 FFR 4NG AN5COUNV i ORS, NC a •wY• S/�� ■ ��� P�-ROU _q ERA ' • 4 lV R' HUf2 m • •' $E ¢ • RILE h' µAF7 j A50 FT ••• ARU �k,-• ��'. .•� MAPIN aCALE • .•••♦•+•• PRpPE.RTt Q✓ I • AFC PREPARED ay kTAG + EN1 tOiT, Gt3NSlSl 12--51-10 � '�ot, • �•~ P�ENRI EASON ` • �N,t� • • • s ��y��� waoog yea. - ♦ pRUPER ' "' • , • pROPERV •r ELI DOS FARC s LlD � � ' ", • _ ` t PROPER O FA Do �As�uR �o� • �, r PROPE� / • S CHAPPELL , 4 pOUG� k- ti 1 444E `wry F1�lE C'S pRppERN r • 1 WETLNDS O BOUNDARY jD0Y0 Q ❑ ❑ ❑Q PUND ERMIT BOARY 180 FT 4 OTC©NOS MARTY HURDLE a VQOp*y�N� - 60 PROPERTY C ' -jOj' Oqpy WETLAND FOREST I gill Jill 111111111111111111111111 MARTY HURDLE U 25 FT WIDE UNEXCAVATED BUFFER 6F Q PROPERTY O ■■+rrr+rrrr■■rrri► O� t r 11 Q FT F� • � Q © OVERFLOW • yPELIND WETLAND FOREST J • �� ATER4T R P m Lf ` : �F A00 DEW }0 FY ROVE 4 �Cc ?� II J EWATER4 r Ply 41 O .... 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MAP SCALE 1 IN=60FT ❑ G�OgQk r.<` ♦♦♦ OOo O r N MAP PREPARED BY ♦ KEN ELLIOTT, CONSULTING ❑ cc ♦♦♦♦ °'40 oG i 12-31-10 • ES Q ��!♦♦♦ s�Nc T ♦ �,9 Q � ♦ ,rrr, irouri,ce ❑ o 'y09�y eGzlk�'`F ♦♦♦♦. o� ♦+♦ _�+�' dap M� w ....k� I ,^^ N o co I` 3 m •♦' ❑ w ,' a in 13 ❑ •. ❑ , S Cy • Q� •• i f WETLAND FOREST J mQ h r • rILI oQ • • © 0 m h • • Q ♦ . OF • 0 ■ ■ U w ■ ■ • ■ ■ r w cr ■ r � ' ■ a z rn • • a ■ � U • a 4 ' ■ ■ a w af ■ ■ r af O w ■ ■ ■ ■ ■ ■ . ■ r • ■ t4- FBOU150FT (y O N NDARY WETLAND FOREST PIPELINE TO SUPPLY WATER TO CRAYFISH POND s • No '^ s :r • M � 1 } • ■ ■ • .s • PENINSULA . • MAY BE PARTIALLY OR f WHOLY EXCAVATED - + s 46 • ■ s • ■ • • } • ■ r cu • o f • • • ♦ )ENINSULA) w� • � • h )TH U • • kol� r Q • J • O • � e ♦ i ♦ 4 • M. • • • • N Vinson, Scott From: Patterson, Robert Sent: Wednesday, June 15, 2011 8:59 AM To: Vinson, Scott Subject: RE: NCG020786 - Marty Hurdle Sand Mine Sounds good. Could you enter the O&M approval date in 81MS? I'm going to issue the coc today. Thanks Robert D. Patterson, PE Environmental Engineer NCDENIZ I DWQ I Stormwater Permitting 1617 Mail Service Center, Raleigli, NC 27699-1617 (Mail) 512 N. Salisbury St., Raleigh, NC 27604 1 9t' Moor (Location & Parcels) (919) 807-6375 Phone 1 (919) 807-6494 Pax I Robert.Pattersonnncdenr.tov Email Wcrbsiter: htt ortal.ncdenr.or web I w(i /wsl su ,A Before printing this crrtal, please consider your budgd and the environment. E-mail correspondence to and from this address may be subject to the North Carolina Public Records taw and may be disclosed to third parties. From: Vinson, Scott Sent: Monday, June 13, 2011 4:43 PM To: Patterson, Robert Cc: Rumpor, Samir Subject: RE: NCG020786 - Marty Hurdle Sand Mine Robert, The last bit 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 Please consider the environment before printing this e-mail. *E-mail correspondence to and from this address may he subject to the Noilh 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.ncwaterguality.org 252.948.3920 As of April 2009, my new e-mail address is: chris.pullinger@ncdenr.gov Vinson, Scott From: Patterson, Robert Sent: Friday, March 25, 2011 10:10 AM To: Vinson, Scott Subject: RE: Marry Hurdle Sand Mine, NCG020786 - Perquimans Co. Mine#72-22 Scott, I'm good with issuing once he addresses those two issues. Thanks. Robert -----Original Message ----- From: Vinson, Scott Sent: Wednesday, March 23, 2011 11:57 AM To: Patterson, Robert Subject: RE: Marty Hurdle Sand Mine, NCG020786 -'Perquimans Co. Mine#72-22 Thanks. FYI, the DLR mine inspector, Gary Novak, stopped by my office yesterday after getting my email to let me know that he was not aware that the drainage feature showed up as a blue -line stream on the topo and that when he was on -site it appeared to him that it was simply a ditch and instructed Mr. Elliot that check dams there would help in the bottom of it. I told Gary that I was going to instruct Ken Elliot & Mr. Hurdle that before we would approve the plans & before he could put the check dams in, he would have to request a stream determination from our office to make sure that it's a ditch & not actually a stream. Talk to you later, Scott -----Original Message ----- From: Patterson, Robert Sent: Wednesday, March 23, To: Vinson, Scott Subject: RE: Marty Hurdle Scott, 2011 9:04 AM Sand Mine, NCG020786 - Perquimans Co. Mine#72-22 I forgot about the check dams in the stream... that is a major concern. I agree that the sediment needs to be stopped prior to reaching the stream. The soil sampling does seem strange. Why would they do that at all? I would think we just need them to monitor the water level. I'm teleworking today and didn't bring home that file ... let me take one more look at this one tomorrow before you get back to Mr. Elliot. Thanks. Robert D. Patterson, PE Environmental Engineer NCDENR I DWQ I Stormwater Permitting 1617 Mail Service Center, Raleigh, NC 27699-1617 (Mail) 512 N. Salisbury St, Raleigh, NC 27604 (Location & Parcels) (919) 807-6375 Phone 1 (919) 807-6494 Fax 1 Email: robert.patterson@ancdenr.gov Website: http://portal.ncdenr.org/web„/wg/ws su Before printing this email, please consider your budget and the environment. 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: Vinson, Scott Sent: Tuesday, March 22, 2011 3:16 PM To: Novak, Gary; Wehner, Judy; Patterson, Robert Subject: FW: Marty Hurdle Sand Mine, NCG020786 - Perquimans Co. Mine#72-22 Robert, after reviewing the last two letters & submitted information from Ken Elliot dated 2/23/11 & 3/10/11, I have one major concern and one minor comment. The minor comment is that the proposed bi-weekly soil sampling of the wetlands may be a little excessive and not needed. Ground water level monitoring yes, but I don't see the need for them to take soil samples every 2 weeks while dewatering. I'm not sure why Mr. Elliot thought of including that. The major concern I have are the proposed 4 rock check dams to be placed in the bottom of the "Blue Line Creek Drainage ditch" which is an actual blue -line stream on the USGS topo map. If Mr. Elliot has a concern about sediment reaching surface waters, he probably needs to stop it prior to reaching the stream, not in the stream. (Not to mention, he'd have to get a 401/404 Certification from us and the ACOE to put fill in a stream & I'm sure they don't want to go through that.) If there is anything else you see that I might have missed let me know and I'll get back to Mr. Elliot. Thanks, Scott From: Vinson, Scott Sent: Thursday, January 27, 2011 4:54 PM To: Novak, Gary; Wehner, Judy; Patterson, Robert; Dumpor, Samir; Edgerton, Thom; Jones, Jennifer Cc: May, David Subject: Marty Hurdle Sand Mine, Perquimans Co. 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 corresponding 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 2 4 CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Marty R. Hurdle 355 Swing Gate Road Hertford, NC 27944 Subject Property: Coleen H. Sullins Director May 3, 2011 Dee Freeman Secretary DWQ Project # 2011-0372 Perquimans County Marty Hurdle Sand Mine - Hertford, NC UT to Mill Creek, 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. The 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 a man-made ditch that would not be 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 Oversighth✓xpress 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 of Water Quality Inlemel: nvN�Nv ncwo 4 uidi_fy org 943 Washington Square Mall Phone: 252-946.6481 One Washington, NC27389 i,AX 252-946.9215 NorthCarolina An Equal opportinitylAffirmative Action Employer - 50% Recyclec!M%Post Consumer Paper Natul-ally r Page 2 of") 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 recommends 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. This determination is final and binding unless you ask for a hearing within 60 days. 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. Sincerely, Chris Pullinger Division of Water Quality Surface Water Protection Washington Regional Office Enclosures: 1:24,000 scale USGS topographic map, Hertford quadrangle cc: DWQ 401 Oversight/Express Unit WaRO File Copy Ken Elliott, 622 Rocky Flock Creek Road, Edenton NC 27932 USACL-', Washington Field Office - Attn: Kyle Barns 'A'aRO DLR - Attn: Gary Novak Filcnansc: 2011-0372 +• " :i J/rye �r � h _��' T +r%•a C`['7 �;I]j 1228 ! ✓ eAT` .' r •� , ftl,r' �Sf yS Z' -� [ •y _ I y .L. TY :� �t { ;w )h).� 1}• �� i' A • ,�r�441 {, � F' c "�C 1. r xhLx, � ] art �I ..'4� 'a. n �,- '� q, r,� '�°;5- �t) a )1 ••� rl &�f A.. '.b..e�e,.^T r4~� 1i '�, Holin ass Ch a L r �' - t 1s r.rh` R L � P _ � { 1 � k ��1,`lt,: ! ! �3.., t Z J. �.� t 4 `.� a ,�. �I: 1 •3 4 - � .++ � „ J. .f r" } V `""'�r�w.+��'�tfr V �•+� ,.I�'i // � i -: t y' � � r � i M r.R �'y t l l`•, }f,6 Ek.'F- 3`F�', f X. Lf,.• t 4�?!� h,'/t�, � �4' .I� � I' �„� 3� .,y{m. / 1 r row,+ ros ? , `• ' :s i., r t 1 . 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Print this form to PDF J . k+ Retum PDF of this form to DLR CO by email, cc DLR RO and DWQ SPU MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY THIS SECTION TO BE FILLED OUT BY DLR: Project Name: Marty R Hurdle Mine DLR Permit #: 72-22 County: Perguimans Address: 355 Swing Gate Road, Hertford, NC 27944 YES NO Date Commencing Is this mine a new mine? r Have land disturbing activities started? Date? r 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 comalete the review and to approve the O&M for the DWQ dewaterinq NCG02 permit that has been applied for. Mr. Hurdle will also need to apply for and receive a 401/404 wetland certification from USACOE & DWQ for the wetland road crossing_ proposed on plans. Watershed/Stream Name & Classification: Pasquotank River Basin I Mill Creek 1 Class C;Sw (30-6-5-0 )) DWQ Compliance Status of Mine: compliant, not yet started operation YES NO ��.; -S MIMES permit requ�reci? ��}" -h,'• f_ .i.i, .., . r .' .-'Fi'+' ! appli ed IVCG020786 � hi ! r � li r G jr r NPDES permit existing? F � (Permit # ) r "if gan,NPDES-p`e' imit4is riot required; is DWQ l concerned abouwetland d'e stilt gradation .. "liy dewatering7 4 Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if r RO Contact Name: r mine has already begun digging or is Contact Reason: dewatering without DWQ permit) 401,VIIetEa'n'd Cert. required? ' R Wetland road crossing proposed r ; �A.{. s �:, . 401 Wetland Cert. existing? r Permit # r Rev September 2010 Print this form to PDF Return PDF of this form to DLR CO by email. cc OLR RO and DWQ SPu DOe-,DW.Q RO.currentl'y havee,enough r_ ¢ ,,, ,4. information to determine if•a 40 l i r a proposed access rd. ,sha►rvn' on plans r f certificafion is -required?. r4 Rev September 2010 Print this fort to PDF Return PDF of this form to DLR CO by email, cc DLR RO and DWQ SPU YES NO r.., ., :.�-.•Y'•l' i e: x ' ' >til r Are wetlands disturbed°at this site?.'`` '` r ,rIF i+" r'�i .` `. i' • '. -S a � � 4 ;, "' t` r road°`& pipe &ossmc 'proposed -]Y 1� ` �` Does DWQ RO suspect or know of nearby r r wetlands to the site? shown on plans IS a .wetland delineation required, prior to 'DWQ'sissuing C By r JD or. r Consul#ant ;; ,` � r r � 'wetlands • " delineated on the permit? ''^ R. 3 Onsite? Y'', Or l Offsite? , Ian'` Stream Determination Needed? 'proposed road crossing Icy ikely to be r over a stream within wetlands area Stream Determination Completed?, _ r it's apparent Does DWQ RO need a statement that no from plans that wetlands/streams are disturbed t— wetlandslstreams will be impacted for this project from applicant? from road crossin 'Buff6r:,Deterinination'Needed? `"s '`' ° ' ";' �R �,�,. , Buffer Determination Completed? F r }i "°a wi$sFr'...-. ✓-.l'; •• T-• �h, i f 1 Recycle 'system permit existing?* ,';•sl ." 1 [ I", •-t�/.', - '! "s' New Recycle System permit required?* F Enough information to determine? Non -discharge. permmt existing?* ' " ' r , Permit # 10 Will wastewaters discharge to HOW waters r o 7Q10 Unknown (permittee determine): F with a 7Q10=0? ** Flow: 17 Has'Violatiori O&M Requirements•, ,Does°DWQ require DLR.to hold the permit fit. C HQV111.7Q10.Concerns' {e g. so, DWQ can review it further or 1 Other.. Reason: 401"1404 Wetland ��"' k, `becaus6:DWQ requires more information ?. q 1 Certification Required'- , • '.RO doiitact: �"` Hold'UntiL t Y Mine must wait to dewater until an O&M r r plan is approved? "The NPDES SW and WW permit NCG020000 covers closed -loon recycle systems, designed to exclude all stormwater nun -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 (APS), OR may instead be permitted under NCG020000 to eliminate an additional permit. Recvcle systems that do not meet those criteria are considered discharaina 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 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 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: 1/27/11 Rev September 2010 Print this form to PDF Return PDF of this form to DLR CO by email. cc DLR RO and D WQ SPU RO Aquifer Protection Section: Regional Office: Date; SPU DWQ Central Office Reviewer (if applicable): Rev September 2010 �. ,4—,y.s� l N� JAN 14 2 011 NORTH CAROLINA MINING PERMITAPPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section 0 �d S�ei QUALITY SECTION 1612 Marl Service Center Raleigh, North Carolina 27699-161.2 (919) 733-4574 Revi:cd: jallutar 10, 2008 ELLIOTT CONSULTING _January 3, 2011 To Whom It May Concern: This mine pernut application is for a new 4.7-acre sand mine excavation constructed by Alarty R. Hurdle, on his property at 355 Swing Gate Road, Hertford, NC 27944, in Perquimans County. The requested permit area is located on a high, sandy 25 acre parcel and, upon establishment of proposed erosion & sediment control measures, 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 eonnecte by a 25ft x 8111 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. Whcn the stockpile is depleted from usage, the excavation area will again be dewatercd, 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 & 13 during their excavation & dewatering, without Overflow from Ponds C & D. Pond A 1.3 acres) will be excavated and dewatered by pumping groundwater through bin and Sin 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 Sin culvert under the causeway separating Ponds 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 a bin gasoline -powered transfer pump operating at idle speed. After excavation of Pond A is complete, excavation of Pond B will begin. Pond 13 2. acres will be excavated and dewatered into adjacent Pond A and sediment will be a lowed 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 uito Pond D. Water will be pumped by a Gin gasoline -powered transfer pump operating at idle speed. There will be 3 overflow discharge pouits in the permit area: Pond A on the north end, Pond C on the north end, and Pond D on die 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 fond B is complete, the operator will excavate and remove die 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. 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 I5ft x 3ft deep closed -end Swale on the cast 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 arc being affected or degraded by dewateruig, 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 ft .v be a small Gide 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 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. 'Phis 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 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 — 3 — January 3, 2011 damaging wetlands on the outside of the undisturbed area during processing. AD erosion and sedimentation will remain inside of the permit area. During mining operations and dcwatering, 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 belotiv 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. The excavation area is located geographically 500 feet from the nearest. 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 mining operation, and the site is barely visible from the closest highway. Access to the permit area is linited 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 an 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 dewatering operation. The Perquiinans County Manager has been contacted regarding this application and land entry agreements have been obtained. The mine area will be well marked with warning and keep out signs to prevent inadvertent public access. Mr. Hurdle does hereby request approval for this mining and dewatering permit application, and asks that it be expedited as soon as possible. Mr. Hurdlc appreciates your consideration of this permit application and looks forward working with NCDENR in coming years. Sincerely, Ken Elliott for Marty R. Hurdle 622 ROCKY HOCK CREEK ROAD • I?.DI.:NTON, NORTH CAROI.INA • 27932 NIONti: 252-482-8946 • PAX: 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 Swing, Gate Road, Hertford, NC 27944 Telephone (252 ) 426-9155 _ _ _ _ Alternate No. 252 337-4557 4. Mine Office Address Same Telephone 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 be cause for permit revocation. ***Signature 'q, Print Name Marty R. Hurdle _ Title Owner Date December 31, 2010 This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** -Signature of company officer required. G.S. 74-5 t provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed nine map. A. GENERAL CHARACTERI5TICS OF THE MINE l . Answer all of the following that apply: ® If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): 10,479 acres Of this acreage, how much is owned and how much is leased? Acres owned: 8.291 acres Acres leased: 2.188 acres Property owner if leased: _Russell & Sonnie Hurdle ❑ If this is an application for RENEWAL of a mining permit, indicate the ruining permit number and the total (overall) acreage covered by the existing permit: klining Permit No.: w 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 hermit 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 ❑ NoFT If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all ol'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 affecled (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (I Frio, a "minor modification" fee. of $100.00 is required, despite the "undisturbed" acreage to be added). if yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): _ ❑ If this is an application for TRANSFER ofa mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: _ Total permitted acreage. -- SEE TnE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand &. topsoil 3. Mining method: ❑Hydraulic Dredge ❑ Front-end Loader & Truck ❑ Shovel & Truck Dragline & Truck u Self -loading Scraper Other (explain): Excavator 4. a. Expected rnaximum 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 feet APPLICATION FOR A MINING 11ERM[T 5. Has any area(s) at this site been mined in the past? Yes © No ❑ If yes, when and by whom was this activity conducted`' September 2010, 0.5 acre 6. Number of years for which the permit is requested (10 years maxima n): ,_ 10 years B. M A.Ps Clearly mark and label the location of your minim operation on six (6) copies of 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Nladitw Address: 1612 Mail Service Center OR Raleigh, North Carolina 27699-1612 (919) 7 33-2423 1111''l',' �,.'_[:lill5i `�l'•'t:.�Ei�r �:. EI I'_i_I;i' Physical Address: 512 North Salisbury Street, 5"' Floor Raleigh, North Carolina 27604 County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mail6w Address: NCDOT G1S Unit 1587 -Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NC.DOT GS Unit 3401 Carl Sandberg Court Raleigh, North Carolina 27610 (919) 212-6000 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 nline site must be clearly labeled on the maps .Tong with their corresponding (approximate) acreage. As a reminder, mining permits Call only be issued for up to 10 years, thus, all mine and reclainatiorl snaps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps r.*test be of a scale sufircient (see minimum requirements listed below) to clearly illustrate (lie following, at a ill infill llin: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all ternporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance front mine rf'suffictently far removed). i. Locations and names of all streams, rivers and lakes. J. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. L Location of planned wid existing on -site buildings. ni. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. - 3 - APPLICATION FOR A MINING PERMIT p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit baundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right -of -way —If an ac1_101111ing 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 minim permit boundary, must be provided on Clle mine nlap(s). NOTE; "Highway" means a road that has four lafiis of travel or less and is not designated as an Interstate Highway. cl. Map legend: l . Name of applicant 2. Name of mine i. North arrow 4. County 5, Scale 6, Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres 1 inch = 100 feet 200+ Acres l inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if'they clearly illustrate the above items) APPLICATION FOR A MINING PER.M.11' A- table/chart must be provided on the mine map that clearly lists the approximate acreage of t��ilingslsediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect ofthe mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CA,rc GORY AFFEC'I'ED ACREAGE Tailings / Sediment Ponds * 2.050 acres Sediment / Hydration Swales 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 acres Total Permit Acreage 10.479 acres * Previously existing sediment ponds - affected but not disturbed NOTE IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMA110N I'HA'I' IS PROVIDED IN'I'HE ANSWERS TO T'HE FOLLOWING QUESTIONS IN THIS APPIJCA'I-ION FORM (PLEANE NOTE THE_ ITALICIZED t)UE.S7'1()rV:S/.S'"1'fITGAII�>\'7:S 7'T1R00(;I10U7' TILE FORAI). THIS APPLICATION WILL NOT BE CONSIDERED COrNIPLE'l-E W1I41OLA' ALL RELEVANT I'l'EM.S BEING ADEQUATELY ADDRESSED ON THE MINE NIAPS. - 5 - APPLICATION FOR A NIiNINC PERMIT C. llll0TECTION OF NATURAL RESOURCES Describe in detail the sequence of events for the development and operation of the mine and i'eferc,me the cequeirc•e to the mine Attach additional sheets as needed. 1. Acquire proper- permits from NC Department of Environment and Natural Resources. 2. Site laid out with 50ft undisturbed butter on north, northeast & west side of permit area adjacent to wetlands, and 25ft unexcavated buffer around entire excavation area. �. Operator installs silt fence around north, northeast and west perimeter of lrnexcavated buffer between unexcavated and undisturbed buffer. Silt fence will also be installed along perimeter of northeast access road where it crosses wetland forest. 4. 4. Operator will dig excavation in 4 phases (see attached phase diagraills)-. i. Operator will excavate Pond A (1.308 acres) to full depth by dewatering into existing Pored 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 for further adjacent excavation dewatering in Pond B. ii. Operator will next excavate Pond B (2.020 acres) to full depth by dewaterin 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 Pond A & fond B, leaving one larger pond (3.560 acres) with penitnsllla oil northeast side. iv. At his discretion, Operator will excavate & remove all or part of rcmaining peninsula on northeast side of pond to increase total excavation area. Operator will decide how much to remove depending oil needs & wishes at that time. 1�ntlre peninsula wilt be permitted to be removed if desired. 5. 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 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 Ponces C & D. All 3 proposed point sO111-CC discharges will be permitted by DWQ beloro dewatering, and will be monitoreduringhathe permit term, 6, Each excavation area will in turn firstdve topsoil removed dowel to 2.5 feet below natural ground level and stockpiled, and then sand will be dug froth excavation area by excavator down to average 10 feet below existing natural ground level, and stockpiled for later removal from premises. 7. To complete lull 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 Sin) 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 oil the north end of that pond, which will overflow into ail adjacent wetland forestleading to Mill Creel; Perquinians River. Pond C will also serve as a water source for existing; Crayfish Poled D, currently permitted by NC Dept. of Agriculture. Depending on need, part of water from Pond 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 north end of that pond, into adjacent wetland forest, 9. Fxcavation of Pond B will begin after the north, east & west side slopes of Pond A are completed & ground cover reclamation starred. P011d B will be eXC,1Vated soutfl Of'1301)d A, leaving a 30ft wide causeway between the two ponds. Operator will establish a dewatering pump an 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 ofit which will overflow into an adjacent wetland forest, leading to N11111 Creel: & Percliumans I�iver. Alternatively, upon deed, Pond A will be dewatered into Pored C (and Pond D) as described above. 10, To dewater the Pond A excavation, water will be pumped slowly into Pond C. Punlp will run -6- MARTY HURDLE SAND MINE, HERTFORD, NC 27944 WATER FLOW ALTERNATIVES DURING DEWATERING EXCAVATION & DEWATERING PROCESS OF POND A POND A (IST EXCAVATION) PRIMARY DEWATERING POND C DIRECTOVERFLow (SED POND) aR OUTSIDE OF AREA �� ~ DIRECT OVERFLOW OUTSIDE OF AREA POND D (CRAYFISH) EXCAVATION & DEWATERING PROCESS OF POND B POND B (2ND EXCAVATION) PRIMARY DEWATERING POND A (SED POND) PRIMARY DEWATERING '141 POND C (SED POND) OR _............ ._........ OR DIRECT OVERFLOW OUTSIDE OF AREA POND D (CRAYF(SH) DIRECT OVERFLOW OUTSIDE OF AREA DIRECT OVERFLOW OUTSIDE OF AREA APPLICATION FOR A 1MINING PERMIT 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 overtlow from Pond C, or will flow from Pond C into Pond D via a culvert located under a causeway separating those 2 ponds. Water will be held in both ponds as needed for crayfish production', excess water will overflow. i 1. Overflow water will now northward tilr'ougtr an existing culvert from Pond C or Fond D 2511 to all existing 5011 long drainage ditch on the north side of the pernlit area, 'Phis ditch leads to a blue -line creel: that flows westward 750 feet where it joins Mill Creek. Mill Creek flows west and south 1.7 miles where it joins Perquinlans River. The excavation will be dewatered as needed by the owner during the pernlit period in order to achieve full depth excavation. 12. Side slopes of Pond B will be reclaimed during dewatering, 13. After full depth excavations or fonds 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 reglrirenlerlts, and remaining side slopes will be reclaimed. 15. Minimum 11 graded slopes established around edges of pond area below groundwater level, 16. Minimum 3: f graded slopes established around edges of pond area above groundwater level. 17. After excavation and edge sloping is completed, a low I ft x 8ft berm will be established around the entire perimeter of the excavated pond, with outside slope graded down to natlu-al 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 main 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 l . Entire affected area inside ofmain 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, afTected area returns to pre-existing, natural state. 2 Describe specific erosion control measures to be installed prior to land disturbing activities and C1LIr111" mining to prevent otfsite sedimentation coulrol fbr rrrhrc exCclticrJlUu(S�, rvd7sle Piles, occe s;111111c rood., anelproces's arect.$), and give a detailed SeqLIelICC Of installation and schedule for maintenance of the measures. Locale cmd lcthel all se(linienl aml erosiolr Colurol measures on iiie mine tngj)(S anciprovitl' l))C)1CC11 Cl'(L1',1'-.SC'C11o11A'/CUI1,1'J!'11C11rJ11 CIC 1C1111' o� ('d1C11 1ueosure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Continuous silt fence erosion control will be established on north, northeast, and west side ofexcavation area between unexcavated and undisturbed bufTers, prior to land disturbing activities. Silt fence will either be constructed of standard strength filter fabric with wire or polymer backingand steel posts set 8 feet apart, or extra strcn4th filter fabric between steel posts 6 feet apart. Silt fence will be inspected weekly and repaired as needed. Operator will construct Eft wide x 211 tall temporary sand berm along unfenced perimeter of unexcavated buffer to prevent ofTsite erosion along south and east side of excavation area. Berm will be grassed and stabilized, and will be inspected weekly and repaired as needed. Operator will construct 300ft long x I5ft wide x 2.5ft deep temporary closed -end swale along eastern un xcavated buffer to serge as rehydration device for adjacent wetland forest if deeded. Device I ill serve as additional temporary sediment trap in that area, supplementing established silt fence. This excavation will have 6ft wide x 2ft tail temporary sand berm on its eastern edge. Operator will construct NOR long x 15ft wide x 2.511 deep temporary closed -end ,wale along western unexcavated bufTer 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. This excavation will have 6ft wide x 2ft tall temporary sand berm our its western edge. - 7 - APPLICATION FOR A MINING PERMIT 3. a. Will the operation involve washing the material mined, recycling process water, or other Waste water handling? Yes ❑ No N. If yes, briefly describe all such processes including any chemicals 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 ❑. If l%es, hrieflyciescrihe the rrcrtrrre ref rlre e16,c w-,ttc om]loctile all proj)osecl dicchcrrge poirrls (ulcmg ri illr their merlio(I (r f .slobilizcrlirrrr) oft .voilr mim, meq)(y). 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 in 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 over11ow 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. 2) To complete full depth excavation and slope construction of the pond edges, each proposed excavation will have to be dewatered. 3) Pond A: operator will establish a dewatering pump on the northeast corner of'1he excavation, and will run bin (expanding to gin) 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 to Mill Creek & Perquimans River. Pond C will also serve as a water source for- existing Crayfish Pond D, currently permitted by NC Dept. of Agriculture. Depending on need, part of water from Pond C will instead be directed to and flow into Pond D by a culvert connecting the two ponds, and will over -flow if necessary from a point source discharge overflow pipe on north end of that 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 fond A, leaving a 301t wide causeway betkveen the two ponds. Operator will establish a dewatc r'mg pump oft 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 which will overflow into an adjacent wetland forest, leading to Mill Creek & Perguimans River. Alternatively, upon need, Pond A will be dewatered into -Pond C (and Pond D) as described above. 5) To dewater the Pond A excavation, water will be pumped slowly into Pond C. Pump wi31 rr.rn 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 2 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 from Pond C or Pond D 2511 to an existing; 50ft 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 flows west and south 1.7 miles where it joins Perquimans River. The excavation will be dewatered as needed by the owner during the permit period in order to achieve full depth excavation. -s- APPLICATION F'OR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ® No ❑. If yes, do you intend to dewater the excavation(s)? Yes ® No ❑. If yes, what impact, if any, will mine dewatering have on neighboring wells? I-stiniated withdrawal rate in gallons per day: 24,000 I occtte oll e_ri.sthig 1i,e/h; ott the n7hie inctp(5) that he ivithitt 500 ftel rlf t{�e proJ�a.sc circ cal c7ticttl tweet. Provide data to suppor( any concfusions or s(atenlems made, in&idifiv any monitoring well data, well construction data and current seater 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. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) fi'on1 the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day anti needs a capacity use permit front the Division of Water.Resources ifthe operation Iles rn a capacity use area and 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 ❑ No Z. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. Not applicable b. How will dust from stockpiles, haul roads, etc., be controlled'? Spraying water front 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 l0mph maxinlL.1111 -9- APPLICATION FOR A MINING PERMIT A buffer will be required between any minim activity and any mining permit boundary or right-of- way. It nlay be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed bUfler_ (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that afl buffers must be located widn'T1 the mining permit boundaries. How wide a buf;er will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A mininlum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. 51nr►v till hrcffer locoliolls 01011,0111s cur the lrlme imlp(). A nlininlum 25ft wide unexcavated buffer will be maintained around the entire excavation. "phis butler will contain erosion & sediment control fences & devices, erosion control berms, roadways, processing areas, and stockpiles, b. A nlrnlrlluin 50 foot wide undisturbed buyer will be i-CCllllred between any land disturbing; actmttes within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed butlers can be justified. Depending on site conditions, a buffer wider than 50 feet maybe needed. How wide an undisturbed buffer will be maintained between any land disturbing activities Within the mining permit boundaries and any natural watercourses and wetlands at this site? Shr}lr till hil locoiioiis (mcl lt,idths on the mire A 50ft undisturbed butler will be established on the north, northeast, cast, northwest, and west side of the excavation area. This undisturbed buffer will located along the permit boundary, between wetland forest and 25ft wide unexcavated bolt er 6, a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries durlll$ mining. Minimum 2 horizontal to i verllcal slopes or (latter for clayey material and rllinlIllLill) 3 horizontal to i vertical slopes or flatter for sandy material are generally TVILlll"ed, unleSS technical justification can be provided to allow steeper slopes. Landslide or slope instability adjacent to adjoining permit boundaries wiff be prevented by construction of graded cut slopes during mining activities. Slopes will have a lnlnlmLlr11 of:) horizontal to I vertical gradient APPLICATION FOR A MINING PERMIT b. ProOcle a crass-Sectioll on the nli77e l7lcrj)(`) ,for• all fill .'lopes (hertr s, titicr,vtepilcs, o�erhrrrcl�lr CIISpUSClI Cfr"L'CTs, e1c.), elecu"ly ilydicct1iiig the ilrlended .side .slope gr'adielrt, il7.ctallatiorr o f crlrr 6el7che.s clndior' .slope d!'crirr.s (with .Grppol'lin,g design igfo!'i77atioir) if neeclecl, alld the inelhod of final .slcihilizcrlion. Fill 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 ofmine, and wilt have 4:1 side slope gradient. In excavation(s) Ofunconsol]dated (non -rock) materials, specify the angle ofall cut slopes including specifications for beaching and sloping. crll r lrt slr}pc:.c rillr.sf lie 1.)l-o kle(l on llle Cut slope at excavation edge will have ):1 slope gradient from natural ground level to water table level, and cut slope from water table level to bottom of excavated area will have 2: I slope gradient. In hardrock excavations, specify proposed bench widths and heights in feet. Pi -oxide cro.,'s-.secliclrr.s of the 171111e excclvalloll nolh7g the otlgle.s of the cut slohe.s, widths bcnc:he.,'rrlrcl milie henches, Chicl the expecied nwc in nnl deplh cif 1he exccn cllion. Not applicable. 7. Describe other- methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or Industrial building from any mine excavation. locate all ,such structures oil the mine mop if the t- are ►iJthin 300 feet c1fmt.Y proj)o.sr(l excavwiom 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 alone any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and ade[luate boulder barriers may be acceptable hi"h wall barricades. A coirs'11•llctioll tie 1C1i11c'ro,s's-.,cclic)ll expel locatioll (ff etich Itfpe o% ha!'i-icade to he !l.secl Must he indicalecl oil the prime n7crp(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 f-eet From nearest public road (Swing Gate. Road) and is only accessible from gated access road and private secondary access rrrr3iring adjacent to operator's residence. APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present) Yes ❑ No E. If yes, 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, buildittgberttis or-other- measllres. .S'hmr' 111c loccctim of'ctll visual screelring, on Me mule mcrp(s) cllrclln-ovide ciYos.1'-scc11oi1s 1111-c ug'11 (dll l)l'ol)0Se41 hel-ms or prepo.se4l.sj)crcinA, sizes cm(1 q)ecies, for uvc plcrnthl s. Existing natural growth of pine trees, fields and wetland forest around perintetcr of pern7it area will screen operation from public view. No additional screening; planned. b. Could the operation have a significantly adverse eiTeci on the purposes of.',] publicly owned Bark, 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, forests, os- recreation areas located nearby. l 1. Will explosives be used? Yes ❑ No ❑. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical liazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locale the mcn-e.vt offsite ocrnl)icd strllelmv(s) io the prc)po.setl exccwotioll(s) orr the mine mot.) c110 ilrc.licirte itr c1p17rn.xir�rr"r1e cliS011ee to 1/w propo.sved excaviaiom Not applicable, 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No ®. 1 f ves, describe these materials, Irnw they will he shred crud nretlrud o f canlirinnrc r11 ill ca.s•cr ol's/)ill. Ilrclicatc llre locations) ol'crll.vlol-ci�.,e,fcrcililie.v on the lnine niol)(s). Not applicable. No fuel, solvents or chemicals stored inside permit area. - Iw- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land, This must include the method of reclamation of settling ponds and/or sediment control basins aIld the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. '!'11iS iqr )rllrcttion wiva he i1111stroled o11 c1 rech-1111atioll ►►►crp c1r►c! ►r►►ist correq)oii l directly; with Hie hifi)rmotio►► 1,nwvided oil the Mine ►nap(,sj. 111 -I(khlioll, desig)1 illf61'111c1liu11, i►1cludilig 1vl►icc11 crc,ss-sectiolls, of (1►1i- perinutiew chcumels io he co►1sirucled cis1)w'l of the recl(twoliwi phnl cmd the loculjolt(s) of c11i per11u11►ei11 chatmels n ilst he ilydicoted on the reclonlatioti mcrp. I . 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, affected areas and access and service roads inside the permit area will be leveled and graded away fi-orn edge of excavated mine pit 8 feet until graded area reaches natural level, This will create a low berm located at the edge of the pit I 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 after removal 5. Access road to excavation area will be graded, and returned to original condition used as farm field access path. 6. Graded land and all affected area will be fertilized and sown with grass seed by mina 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 ® NoFT If .Ies, dlrr,strctic° the locettioll of 111e bodr() c?f rrwel• o11 the rcrc'Icrnlcrtic)11 ltrctp cold Provid ct sccllccl cross-sectiotl(s) through the proposed body(s) of inciter. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish'? Yes ® No ❑ If yes, specify species. Perch, crappie, 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 left. Acceptable permanent barricades are appropriate fencing, lame boulders placed end -to -end, etc. C.'o11structic)t1 details edict locc111ons of all l)c.rnlculetll hcuTiCades lnlrst he shoivti utt the reclon1c11iot1 Map. Not applicable. No excavation in rock. -1.1- APPLICATION FOR A MINING PERMIT 4. indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benciiing and sloping. F�11a1 cl ells-sectinll.v taut locatie111s n- such cmeas musl he 1}mvides l ar the i-ecILrmalion maj). No mine site writ` areas will exist,- topsoil and sand stockpiles only. 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 mine pit S 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 fertilized and seeded wwali grass by mine operator at end of mining 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 lertilized and seeded with -round cover I)v tt}e owner. A 1 Oft wide field path will remain around perimeter of finished pond for owner access b. Will any on -site roadways be left as part of the reclamation9 Yes ❑ No_© U''yes, 0eiitifi� such roachrgjy v olj the i-eelCayl t-aimi mal3 allcll)I.0Ode details Intel-manelli macl and [Mich line s•tclbili�crtial. Pre-existing access roads (942ft & 768ft single -lane driveways & farm paths) from Swing Gate Road to main mine site area and owner's residence will be returned to pre-existing standard durir7g 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.r� 1 Oft wide field 'patlt will remain arc�und_periri3eter of finished I�ond_for_o�w�ner access Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining, (Note definition of refuse in The Mining Act of 1971.) No off -site generated waste shall be disposed of on (lie mine site without ll!jg�L wi-itten approval from the NC Department of Cnvii-onment and Natural.Resources, Land Quality Section and either - the Division of Waste Management (DWrVI) or local governing body. If a disposal per•rttit hats peen issued by DWM for the site, a copy of said permit merit be attached to this application. All ieml)w-evy anclllel'mum? 11 1,e/11.se elksl))wall ravels nm.sl be ckrru ly- clelhic eiieel oi) Me whic., C111(i reclamation null), alolig with a list of iletns to be chq)osecl ill m icl areas. Any and all scrap metal, junk, cables or other such non -original waste materials will be removed from mine premises by mine operator and disposed of properly at Percluimans COUnty LandtiIt, Hobbsville, 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 flan must include recommendations for year-round seeding, including the time of seeding and the amount and type of' seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought From: a. Authorized representatives of the local Soil and Water Conservation District, b. Authorized representatives of the Division of forest Resources, Department of I7-nvironment 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 IZesour'ces at North Carolina State University, d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual, g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): 0.5 ton / acre upon soil test FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): I0:10:10 fertilizer, 410 Ibs / acre, Spring, Summer & Fall SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (Pounds/acre): [NOTE: Include Legumes] Seed Types: Kentucky Fescue Rye Grass Bermuda Grass Seeding Dues: April November May Seeding, Rates: 250 lbs / acre 150 lbs / acre 85 lbs. / acre MULCH -'TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANICHORING: Not applicable. + �• . t c '. 'A OTHER VEGETATIVE COVERS — TYPE (S) ANT) RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Not applicable. Revegetation and/or reforestation plan approved by: Signature r `• > r; Date ;.. I Print Name r t Title Y Agency North Carolina Cooperative Extension Service APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The•follo�rirrg hood ecrlerrlatiorr ++�orkshc�et i,c to he used to estcr!)lislr arr crpprol)riatc h(Jrrd (bcl.ti'eclrrpurr cr rurr�,Je o f S500 to S5, 000 per afji clecl (reve) . for each permitted mine .sire hcr. ed upon the twregge (rpprtwe(I b, the L)eperrnuerrr to he affected daring the life cif fhe minirrgperruil. Hegs-e in,.� art dw ccrr2!)! )-yirurrle ac'recr Le bicc!c1! a.srxm of the mirrifrg o per£rtiorr lhcrr you iureud to a ecl chair! the lie oMthi.s miuir, �ermil iu crclditiou, pk ase 111Ser't the Crppl'UI)17£rte 1'E'£'1£r111Cl1rUrr ClI,S'1,'C!C!'e Lor each Ccrte,�ror� fLom the Schedule cif f�eca£rnrcrlivr! C,'o.`'r.� providud +E,ith thLc i iie(riiorr fin-m) OR you (1e1jr to the l)eperranenl to c olculcrle r�our bowl Ii)r 1,ou ha.s'e£t r])orr Your rue )s card standard reckuucgirorl CON/S., AFFECTED RECLANIATION RECLANIATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds*: 2050 Ac. X $ _ 0* /Ac. -- $ 0" Stockpiles: 0.000 _ Ac. x $ /Ac. _--- Wastepiles: 0.000 Ac. x $ /Ac. _ S_.__, Processing Area/Haul .Roads: 1.948 Ac. x $ 1800 /Ac. _ $ 3506.40 (includes unexcavated buffer, pipeline access) Mine Excavation, 4.712 Ac. X $ 500 /Ac. — $ 2i56.00 Other: Sediment/Hydration Ponds 0.207 Ac. X $ 1500 _/Ac. _ $ _ 110.50 TOTAL AFFECTED AC.: 6.867 Ac. (TOTAL PERM rrTED AC.: 10.479 Ac.) Temporary & Permanent Sedimentation R; Frosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) atl-ected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation 10 onsite watercourses and wetlands. a) Internal Drainage 6.867 Ac. b) Positive Drainage Ac, X $1,500.00 = $ S U BTOTA L COST: s 6172.90 Inflation Factor: 0.02 X SUBTOTAL COST; $ 123,46 X Permit Life (1 to 10 years): 10 INFLATION COST: S 1234.60 TOTAL COST = SUBTOTAL COS,r + INFLATION COST = $ 7407.50 Total Reclamation Bond Cost: S 7400.00 (round dowry 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 ceirtified or registered mail, return receipt requested, to: (1) the chiefadministrative officer of cacti county and municipality in which any hart ofthe pernlitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining fire mining 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) all owners of record, both public and private, of all tracts of bind that are adjoining the mining permit boundary which lie directly across and are contiguous to an), highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within .1,000 feet of the. mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is ifanother means ofnotice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax oral)). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PE-11MITS ANDALLMODIFICATIONS OF A MINING PERMITTO ADD LANDTOTHEPI?RNIITI'EDARI A,AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFJC:ATION" - 17 - NOTICE Pursuant to provisions G.S. 74-50(b 1)of The Minim Act of 1971, Notice is hereby given 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 new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface alining permit to add land to the permitted area with no disturbance in the area proposed. Please dote that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. Tile applicant proposes to mine sand_& topsoil on 4.7 acres located 2A (Mineral, Ore) (Number) (i%,tiles) East of Winfall NC otf/near road 355 Swim Gate Road (Direction) (Nearest Town) (Number/Name) ill _ PerquirllallS County. *SEE ATTACHED A'IAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the nlini114; permit boundary, if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the aline operator must also notify the chief administrative officer of the county or Illuniclpailty in which any part of the permitted area is located. Any person may file written conlment(s) to the Department at the above address within thirty (30) days of the ISSUance of this Notice or the filing of the apphcatloll for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed niinhw activity, please contact the applicant at the following telephone number; 252-426-9155 . For information on the alining permit application review process, please contact the Mining Program staffat (919) 733-4574. Please note that the De}-artment will consider -any -relevant relevant written comments/doc,_Inlentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is niade on the application. Bobby Darden, Perquinlans County Manager PO Box 45, Hertford, NC 27944 _ Marty R. Hurdle (.Add resseelCi wner of Record's (Name of Applicant: Include Contact Person Nanle and Address) & Company Name, if Applicable) December 9, 2010 355 Swing Gate Road, Hertford, NC 27944 (Date of issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) 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 Minim Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the minim permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor ot'the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice belly given on a form provided by the Department: (Adjoining Landowner Name) William & Sharon Chappell — Daryl & Ella Mae Hurdle — -- - .— Russell & Sonnie Hurdle Henri Eason (Address) 376 Swim Gate Rd., Hertford, NC 27944 393 Swim; Gate Rd., Hertford, NC 27944 347 River Front Drive, Hertford, NC 27944 307 Dobbs Street Hertford, NC 27944 (Attach additional list if necessary) 1 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 follo�virig address: (Chief Administrative Officer Name) [i e.: City Manager, County Manager, Mayor, etc.] Bobby harder Per '1 I ans County Manager (Address) PO Box 45, Hertford,,__NC 27944 'fire above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable ellort has been made to notify all known owners ot'record, both public and private, of all tracts ofland that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned b), the lessor of the mine tract, aJJ owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county Or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b]) and 15A NCAC 513 .0004(d). 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. r December_22, 2010 Sig azure of Applicant or Agent Date if person executing Affidavit is an agent or employee of an applicant, provide the following information; Name of applicant: _Many R, Hurdle Title of person executing( ^Affidavit Agent for Marty R. Hurdle 1, u� 1 t l . VQ ULr� r!t- -- 1 a Notary Public of the County of State of North Carolina, do hereby certify 1_1.`�n�"" 1 U 1 1 appeared before me this day and unde�,a i ti ;~urged that the above Affidavit was Witness my hand and notarial s alz thins dray �f 2p (0 y Q Notary ' r my Commission expires: �n APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, Kenneth C. Elliott , an applicant, or an agent, or employee of an applicant, fora new Minim Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, ofall tracts of land that are adjoining the inining permit boundary (including, where an adlolning tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of.tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of'record at their addresses shown below, sr_rch notice being given on a form provided by the Department: (Adjoining Landowner Name) Douglas & Rita Chappell Elmwood Farms file. CN11-1 Homes- lnc. Five C's. Inc. (Address) 520 White Hat Rd., Hertford, NC 27944 598 Ocean Highway North, Hertford, NC 27944 5000 Clayton Road, Maryville, TN 17804 PO Lion 1482, Elizabeth City. NC 27909 (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 Mariager, Mayor, etc.] Bobb)L Darden, Per%limans County Manager (Address) PO Box 45, Hertford,_NC 27944 _ The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of'all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, A owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b l) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts ofmailing showing that the above notices were caused to be, mailed and provide them to the Department upon request. — Decemher 22. 2010 Signatd e of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Marty R. Hui -die Title of person executing Affidavit Agent for Marty R. Hurdle 1, tt I ► i, �eS .� a Notary Public of the County of ct omj� State of North Carolina, do hereby certify that rlLh C. appeared before me this day and under `g4tb & oWledged that the above Affidavit was made by him/her. Witness my haild and notarial seal`ifla�s _y f ��) l� 2Q i 6 Notary: _ my Commission expires: 13 ,��p�'�N CovN,�y`; • Complete items 1, 2, and 3. Also oomplato item 4 it Restricted Delivery is desired, • P.,int your name and address on tho reverse so that we can rolum the r,9rd to you, • Attach this: card to the back of tho mailpieco, or on the front it space permits. 1. Article Addressed to: Russell & Sonnie Hurdle 347 Riverfront Drive Hertford, NC 27944 A. nnn:ro 0 Agent X ❑ 13 Addressee B. Received by (Piimlec Name) C. a -tie of Delivery F- D. Is CeOiwy L-Wmss ailterunt from Item 17 0 yvs it YES, awar dellvefy admen betow., 13 No 7 7009 0820 0001 9576 83'17 S� W 07 ;0 (D ti n rD 0 0 3, Service Typo C IN < -1 El Certified Mall 0 Expre&n Mall rD CL * sogwetod 13 Return Receipt to: Mexrendise * Insured Mal 13 C,O-D, CD 4. Restricted OdNvzy? (FAru Poe) 13 Yas 2. Article Nurnfxr 7009 0820 0001 9576 8347 (7,zalor ftr,-) sorvioo PS" For -it 3811. February 2004 Domoslic Rotum Receipt 700-9 d20 0001 95713 833D 6MPCE THI, S SECnOT N i5EA C TE 7 54 K Comploto ItOMS 1. 2, and 3, Also oomploto item 4 If Restricted Del [very Is desired. 0 Agent 0 Print Your name and addrevs on tho rover -se 10 Addro=Ao 7- so that we can return the card to you, E�- Kneel-a"d ,(Pff rr7e) Dn -0 of O*Wary 0 Attach this card to the back of !hemajlpiecV or on I h a front If spaco permits, D. Is deli-wy 8dcLqx3 dXem* from item 17 [1 Yoe 1. 1 Articla Aadressea to: If YM enter delivery addaxes below. C3 No 2—L • 0 Henri Eason 0 Cr 2 . Cr M CU 307 Dobbs Street Vs Hertford, NC 27944 SOWSOD TyW 0 Cortiflod Mall rr+3. 0 Expres5 W.WI 0 0 Registarod r�CD 0 Re,,um HGO01W for March-'Indise 1+ 11 lmutm Mail 0 G.U.D. 2. AdlictD Nwnber Oransfar,"msenice ALzW 4. RWjL-W Wvwy? (�,tm Fite} 0 yes 7009 0820 0001 9576 8330 PS Form 3811, Fobruary 2004 Oorme*tic Raturm Recelpt 2 Complete Items 1, 2. and 3. Also complete hem 41f Restricted Delivery Is desired, 2 Print your name and address on the reverse so that .-.re can return the card to you. E Attach this card to the back of tho ranilpiece, or oil the from If space permits. I AnIcte AddrewM to: Mr. Bobby Darden Perquimans County Manager PO Box 45 Hertford, NC 27944 A. Signature X '-AA' 0 Ai ti. FOCplvael by 6M Ffifilud Nam&V C. Data of ID. () I Ili -*Atl ; 4QX ]a dotIv'4Y addnm diflarontfrz)m actil 17 It YFS. -inter deanery addr= belmy: 13 140 3, -SorvIce TYOO 13 certmed mail 0 EKDr= mv 0 Roglssterwl C3 Raum Recelp, for Memhandjw 0 trmurod NW 0 C.O.D. 4. R,,-,ATod ChNWy? Fes) Ell yes 2. Article Number (Pnit.-tor from sarvko low) 7009 0820 0001 9576 8163 PS Form 3811. February 2004 D-ormstic- Ratufn Howilpt t02595402,M4540, Z 4 j 7009 0820 0001 9576 8163 177 w-i -n 7" cx 'a C13 0 0 Cr C) Cr 0 9 m Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ■ Print your namo and addross on the reverse so that we can return the card to you. to Attach lids card to the back of the mailptoee, or on the frontiif space permit3. 1. ArilCfo Addressed to: CMH Homes, Inc. 5000 Clayton Road Maryville, TN 37804 A. ftnatum X Au�\�A h ©. Pocui•:odbyFPrfntadName) -rUU4 U820 0001 9576 8309 Q -'C it t�t T. ,:J T1 T D. b darr:ory address ditteo mt 1m-n item. 7 0 Yes � t"] It YES • dal' adt' erelo' - • i~3 No t� 7 n 0 Agont 0 Addrus-Ae C. Dato of Defivary , aR.at [vary 13 `� ��� ,d J J • • O 3 fit 3. Sarvice Typo L 0 Cor[Inod Mall �f O'Expr�s Mali 0 0 Registered 0 Return Rocelpt for MorchandLo 0 n 0 Irtsurod M;li ❑ 0.01?. CL 4. Re acted Deti+rW OD ft Fcoj p Yes a., ArtJcf(Ttane rfromx 7009 L820 0001 9576 8309 (transfer from servir� taselj PS Form 3811, February 2004 Domes* Return Receipt :o2sssaz-nn +sco :? to Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. a Print your name and address on tho rover -so so that we can return the card to you. ■ Attach this card to the !lack of the rnaltpioce, or on the front if space permits. ArWrj Addressed to: Daryl & Ella Mae Hurdle 393 Swing Gate Road Hertford, NC 27944 7009 0820� 0001 9576 8354 A. Slgna-Fm i3 !agent 1 X �.. (i��-'n.�J.fi✓�✓c-.!...t1$�rtd,ee W � � QO i = -- ' ' B. �Ro/delved by { Pri7rod Nannyni C.r—D�ato of Delivery - a w D. 13 dolMzry t+ddrast dif!oront from item 17 ❑ YC�/ � It YES. onter deNwy adwess bdflw: 12140 ' rn 0 Cj 00 rD 3, Serr'Ice Type •L ❑ CortirW Mall 0 Express Mull phi C ❑ Registered 0 Return Receipt for Mcretsandlse Q- CL rn r.....—A .A�rr rl r n n ffl 4. RWtrlctod Wivery7 F-OV f=00) ❑ Yoe 2. ArticloNumber 7009 0820 0001 9576 8354 — ffimnstar feat sunico rsw PS Form 3811, February 2004 oorrmeatic Retum RWOipt md'S9So2 M +sae i • Complete Items S, 2, and 3. Also complete Item 4 it Restricted Delivery Is desired. • Print your name and address on time reverse so that we can return the caret to you. 412 Attach this card to the back of the mnilpiece, or oh'thd front It Space pennits. ArtICIRAddrrmsssmd tn: Douglas & Rita Chappell 520 white Hat Road Hertford, NC 27944 A Sf true / X , f° Aganm / Addre Z 4 C-Z: 7009 0820 0001 9576 8293 ptz 'x. B. Aweiti ed b}(biln:rxJ Narrnrmji i), kt dett:roay 6xiC.vss d:f!e:am frottm C. bate rf fiali• item 17 Y tn 0 � � � 4 ' if YES. antor delivery edcress holo-or ❑ NO CC +r � QO �j • 3. Senfco Type E) Cottifted h4811 ❑ &-press Mau 0 fv ❑ Registered 0 Retum Recvfpt for Mercharidho V © Instuod 1 -61 13 C.O.D. (D 4. Rot. dVod DalhrtN)i7 ff,rtra Frio) 0 vas nrMkwfumbw rftur (r7009 0820 D001 9576 8293 rarmsrOr hon sorvbc0 law. r3C Cnrm ii� GoF,�,wn+ 7R(Id tin+ Ik- Oat„rn m7ar-arnl L -t, r- * Complete Iterrts, 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is doslmd. * Print your ramp and address on tho reverse so that we can return the card to you. ■ Attach this card to tho hack of the mailpleco, or on the front If space permits. 1. Article Adt1mssed W William & Sharon Chappell 376 Swing Cate Road Hertford, NC 27944 z. Antcte vusn5er (Jrartrlaar ,Tarr Sorvka rabo 7009 0820 0001 9576 8323 �`- �, ., EL3 a A. Sigm B. Recetved by (Pd.-.!ed A'%me C. Dale of Dalivary P ;� U. Is aeWery nad�a dltfe:est from Item I? C7 Yes � If YES, ontOr dol'rlory address below: t11 3 N t� O P 3. Service Type ff1 » Corttilod Map ❑ Expr= Mall :0 =r © Raglstered © Rntum Roculpt for Momhatl6w 0 W Qj ❑ tnsured M.-Al 0 C-0M. ry � 4, Restricted DtrAwy7 F ra Foe) ❑ Yes 7009 0820 0001 9576 8323 'S Form 3811, Fob;vary 2004 Domestic Roturn Rocuipt s Complete Items 1, 2, and 3. Also complete Itom 4 If Restrictod Delivery is desired. ■ Print your name and additas on the reverse no that wo Gan return the card to you. * Attach this card to the back of the mailpleco, or on the front if space perrnits. 1. Article Addn--uod to-, 5 Crs, Inc. PO Box 1482 Elizabeth City, NC 27909 rG!585Gra•rZGc6 3 7009 0820 0001 9576 8286 inM M A� Slgnatwe ~ AgUrll O - C t X' t, .�011 Addressee B. Received by (Primed F:.sn* C. Da1e of Delivery �+ 3 ,r D. Is deD ary nddnxss different f.•om item t? ❑ Yes "0 If S s Ir YES, onto; dolivary a edrm bolow; 0 . to 0 un 0o n = k x � n , rn 3. Sovke Type ' ❑ Canisfod Ms11 ❑ E,Kptess Mall Q Rp Wlar©d ❑ Rotwo Rooaipt for MorefmndbD ❑ Insured .1iall ❑ C.Q.D. rrrartem rr, PS Form 38 f 1. 1 Vul."•,r Lw+ w., . Mi.n., . v. wp• * Complete items 1, 2. 3. Also ... 51g: arum 7009 0820 0001 9576 8316 and completeA ❑Agent yy �a n y item 4 If Restricted Delivery Is desired. X ■ Print your name and addmw on the revense 13 Addroaaoa Uri so that we can return the card to you. ' 8. R4eeiv l by (Hinted Mama) C. Date of Dolivory �0�1 � 12 Attach this card to the back of the maitpiete, rn „ c 2 1 _ x or on the front if space permits. D. is doWwy addrom ditlaront f pm Itam 14 ❑ Yes 0 n 3 � k a X-a g -d ��; < _ • 1. fvtida ,4rrdrmssed to; ff YES, enter delivery address bekw 0 NG lt) � C)� Elmwood Farms, Inc.. 598 Ocean Highway North, a. SWAM ` Hertford, NC 27944 c�ortl� Mali o Eros Mail z - ❑ Regfst ❑ Return Receipt for Merchandise - Q lasurod M-ill ❑ C.O.D. ° 2. Att,cle fvu 4/% ./ Mram fo service fabo Rs Form 3811, February 2004 _ �. Rostrtetod t�itsroryl t Foe) © �009 0820 0101 9576 8316 — Dornesllc Retum Recelpt 10=S42•:rty64 APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of� 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: Signature:*C Print Name: Marty 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 1 of this application. One on final and five 5 copies of the completed application, six t copies of all location maps, mine maps and reclamation mans, and the appropriate processing fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. -20- 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: I Signature: (.0,Ztfi �; Signature. Print Name: Russell & Sonnie Hurdle (Title, if applicable) Company NIA _ (If applicable) Address: 347 River Front Drive Hertford, NC 27944 Telephone: (252 ) 4264699 Date Signed: __ (� -1 �L—( 0 Print Name: Martv R. Hurdle Title: Owner Company: NIA Mine Name: Marty Hurdle Sand Mine Telephone: ( 252 ) 426-9155 Date Signed: December28 2010 *Signature must be the same as the individual who signed Page 1 of this application. One orilzinal and five (5) conies of the completed application, six (6) conies of all location mans, mine mans and reclamation maps, and the appropriate processing fee (sec next pale for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land QualitY Section. Central Office at the address listed on the front cover of this application form. ---.. .,._,._ Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. -21- APPLICATION FORA MINING PERMIT MINING FEE SCHEDULE A nonrefundahle permit application processing; tee n-fien filing fora new in ining permit, a maJor hermit modification or a rcnewaI 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 Pei-tllit Renewals $750.00 $1,000.00 Transfers/Minor Modifications* $100.00 $100.00 A nonrefundable Sltlll.tlll periuit application prneessing fee is required for minor permit modifications. Milior hermit III( rditicatious include uiincrship Ir;IP10-ITS, mane chaa,cs, bond tillb%tit11tn1II4 and perillif relleli';11% where the mine is inactive 1i141 fulh stabiWnd. A minor perutit modification ASO iudIRIPS I,ln[i. lidded fo a prrulinrd area, uutzide ufilie minimum permit bufii•r zone r•equirenients, inhere 110 plans for raining related disturhlince uf'the added lands 11mv been approved. All usher ch;Mgk", ;u e considered Major• Pcr1161 lurdilicadnns. Acres for new permits and ren•iial permits mv;ms flit, total acreage at the site. :i eres lair im jor lnmdllication of permits means dust arc;i of land afli•cted Inthe mudilicaliun withirl the permitted urine :1reo. or any additional land that is to be disturbed and added to :In e\isfing Perulitted ar•ca. or both. - 23 - d 7� z>� Ru ram+ r \ 9 j G y / .7 . `;; . lw 1 �'m1i II/IAR.T�Y HURDLE ,1 ti x •- I fi , SAN D`M��E n Z, S� i•: ... -- .i �� )�'� _.'1 tilt � � �'• -"� f " inn • � - _) + �� . .r to x�r, /�"�4�' r� . C' i Mull Y � M ems, 4 f' tt •� ` �,�,i ;',• _' j'•' J � • - _ � � - I '1 1f131� Ei I� 49 \ - _ In f] 3•C `4`12 Ma el 05, mtj ti 5755 IV SW 370 (CHAPANOKE) 372 SFr 37� z�s . � • 1223 -fir ° c r — uw rcc r CHAPANCK£ 0. �0 _ 4.5 1221 12 a 8 — GEO MAP 1222 MARTY HURDLE SAND MINE 355 SWING GATE ROAD HERTFORp• NC 27944 PERCIUIMANS COUNTY 1 r • ay l Map prepafad by Ken EboG, consribnp } Decerrbae 31, 2010 'c J �'\/�• of 4 @$ $@ BN lb Holiness r r F l+ ✓ r — "v �� �-- - ;! i 4 �. - _ � • ,. err • • �' 1 MART) LIROLE ,,,� s; t 1226 1211 SANDINE r I, �•\ti_,. a.. \q�r� •• ` �` !� 122T -, /j Me Ion goo Grove ALTTWW Division of Water Quality / Surface Water Protection art NCDENRNational Pollutant Discharge Elimination System Fwvn�+.+r.vr �r N,mnu. iLrso.,kfa NCG020000 NOTICE OF INTENT FOR Ach:NCY USE ONLY Date Received Year Month Ua Certificate of Coverage Check k Arm= Permit A%si ned to National Pollutant Discharge Elimination System application for coverage under General Permit NCG020000: 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: • Active or inactive mining operations (including borrow pits —except for NCDOT borrow pits) that discharge stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; • 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: • Stormwater discharges associated with peat mining, coal mining, and metal mining; • Stormwater discharges from mining operations which are intermixed on site with stormwater.frbm asphaltti v operations and/or concrete operations; r(,, a • Stormwater discharges associated with oil and gas extraction operations; and �P sl • Stormwater discharges associated with tourist gem mines • NCDOT barrow pits are covered under NC5000150 ') The following discharges are covered by NPDES general permit NCG520000 instead of NCG020000- Vim' t � • 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'. Far existing mining sites that require an Authorization to Operate (ATO) wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATO for wastewater treatment facilities in place. Construction, modification, or installation of any new treatment components at an existing site requires ._ an ATC. (if the site Is already covered by NCG020000, the ATC request may be submitted without an NOl). 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 'As per 15A NCAC 2H .0106 ;As treatment facilities are designed, constructed, and put into operation by employees internal to the company who are qualified to perlorm 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. S W U-217-071408 Last revised 7114/08 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 staft2 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 --- • Sand Pits - • Clay Pits • — Any Dewatering with Chemical Treatment • ---- Process Wastewater Sand/Gravel — • Closed -Loop Recycle — • Other Recycle • — I WP For questions, please contact the DWO 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, E-mail Address Marty R. Hurdle 355 Swing Gate Road Hertford State NC ZIP Code 27944 252 426-9155 Fax: crawdaddy252@emt)arqmail.com 2) Location of facility producing discharge: Facility Name Facility Contact Street Address City County Telephone No. Contact E-mail Hurdle Sand Mine Marty R. Hurdle 355 Swina Gate Road Hertford State NC ZIP Code 27944 Perquimans County 252 426-9155 Fax: _. crawdaddy252@embarqmaii.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 NOI Application applies to which of the following: C7 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 7114/08 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 dewatering: 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 originalinq 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, Peruuimans River, Albemarle Sound It 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). N/A Receiving water classification (if known): C; Sw; SC Note: Discharge of process wastewater to receiving waters classified as WS-II to WS-V or SA must be approved by the N.C. Dept. of Environmental Health. If DEH does not approve, coverage under NCG020000 cannot be granted. No new discharges of process wastewater are permitted in receiving waters classified as WS-f 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 tooperation. 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)? 0 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 CDC for the NCGO20000 General Permit until a Mining Permit is issued or renewed by the Division of Land Resources (DLR). Page 3 of 7 SWU-217-071408 Last revised 7/14108 NCG020000 N.O.I. 12) Will this mining operation precede development activities at this site? I7 No ❑ Yes 13) Does this facility have any other NPDES permits? I] 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)? i] 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? I] No ❑ Yes If yes, when was it implemented? 17) Will vehicle maintenance activities occur at this facility? E] No ❑ Yes Wastewater Treatment Facilities: 18) Will mine dewatering discharges occur? (ATCIATO required for clay pits or dewatering with chem. treatment) ❑ No ( 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 0 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 (Le. design volume, retention time, surface area, etc.). Existing treatment facilities should be 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. [lase separate sheet(s)] Does this facility employ chemical additives to flocculate suspended solids? O No ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive Note: Please see htto.Hh2o.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 7/14/08 NCG020000 N.O.I. C. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? Q No ❑ Yes 20) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? 0 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? ID No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? I] No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? El 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 1 disposal vendor: Vendor address: 22) Certification: North Carolina General Statute 143-215.6 b (i) 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. 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 7/14M NCG020000 N.Q.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 I 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 NCG02000 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 outfail(s). It stormwater is flowing off -site, the plan must snow 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 6of7 SWU-217-071408 Last revised 7/14/08 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 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 bin 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 Bin 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 bin 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 drainer 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 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 will be no chemicals or flocculants added to the water jp th sed{meat ponds to accelerate , p+i- 5o s J sedimentation. Time and distance will allow al a dim amen tion 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 15ft x 3ft deep closed -end swale on the east and west side of the excavation, between it and the wetland. The purpose of these swales is twofold n`the eve t that monitoring shows that.the_adjac'ent- wetiands are'being affected or"degraded by d� ewate nir g 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. T Je Iswales will only be built if'observation sshows any degradation of foliage in the_wetlands 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 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 also 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 occasionally7The 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. Mainiaining.the W�at ��Height Control'Structutl5ettlement 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 any 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. • 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. • Adjacent wetlands will be inspected quarterly by physical inspection of foliage, walk-through, photography, and soil samples observed on premises. Any degradation will be noted, monitored & recorded. Solutions to any degradation caused by any mining activity will include Q alteration of dewatering process and installation of rehydration swales described previously. 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 inspection, 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 chemical flocculants at Marty Hurdle Sand Mine. Signed, Ken Elliott for Marty R. Hurdle December 31, 2010 1 -� • ♦♦♦ g DARSU ANDS BOUNDARY ET WLRAINA' • _ f N • o • •� �■ ELUE LINE CREEK C7 GE • • ����3 • 4�Lo �➢ WETLAND FOREST ��,�• j Q ,SlG9 •➢ w WILLIAM CHAPPELL , • o • k.EXtAVATEDBUFFE 9Foe ` im • - • • VERF PROPERTY u I. P&OP. LA m • FFFR • �-0iT6 ' PE UNOARY �r .� • `� 4% ,90 ' aQm • ~� ATERING PAP�y 119" X 526 POND C ELMWOOD FARMS LTD a! yc 1aK31s PROPERTY ' ?Q ♦�y CULVERT 0.568 AC • • ' .� ■ G POND D ' j �' n • "z ' (CRAYFISH) • • ' q 1 1m 1.482 AC A i I ■: ca � CULVERT fCQly • ��O `..O a' >- • v: ; 1 , °aR), RUSSELL HURDLE $Z I �A o •1 s8 �dofSSROgo PROPERTY G •� CLARENCE F . • ���'F o • ; �y ♦' PENINSULA F� •�'• CHAPPELL � ro �a,• R �oQ'■ ` •�'PROPERTY WILLIAM CHAPPELL ••� • ,� 3 ♦ '•.o o ♦ c, Q• •'♦ / PROPERTY ••� j a w • �� �'�,� tigRr MARTY HURDLE •• w �; ♦ ; �' o PROPERTY 40� v•. r, • • 'P s ri Q I o ¢ • ea 0d ' b tu 0 • a q y 4.7 ACRE EXCAVATION AREA Q: J ��,• •��/ ,•2�9 • • �� (INCL PENINSULA) z�; �a as 2F �� �\\ 4 z >•U �•, \\\ 1 cc • u1 W I �� �J0 �`• •'� ,. STRIPED BASS \_� ° ° ♦ cr POND 47-) z \qkal Lu ' • ••'••.Ss/yG •`• PASTURE ' "•' MARTY HURDLE +� •�'I `-` • I A PROPERTY ��F� • WILLIAM CHAPPELL \MINE OVERVIEW MAP 1 • 'Pik aQy t , PROPERTY MARTY HURDLE SAND MINE • • 99` �� ' 355 SWING GATE ROAD —N •� FHERTFORD, NC 27944 OAF • • ' PERQUI MANS COUNTY r r • ` `• • MARTY R. HURDLE - OPERATOR WOODS •� �Q4 F Q° " HENRI EASON 'O • ' J FOR 9p� VF . '� • ;OA N MAP SCALE 1 IN = 150 PT o4�I Ad' 9i;9C� f f�"`• PROPERTY OLjIov9. • F;%y`/ KEN ELLIOTT. CRED13YiNG 1231-10 ELM OOD FAIIIS LTD •� __ PROPEilV' `' • ` v ""'F1•.[•,.1. CMH HOMES INC. I • PROPERTY '• � ucew Pwd E1°.1 . .... _ . _ . _ . Ek�7pLTAGE P WER LkNES ; �CQ , .... _ . 1 ' � •, .a..n... �.aI,+r.o.. SSG / PASTURE • • r,w rase.d arr.w ELMWOOD FARMS LTD ••° �+.ae,. "'•r PROPERTY `Jr °. + I p oPa DOUGLAS CHAPPELL /• �� �� t Ste • a �O,o ��� PROPERTY0. ! I ' a•_ Lu m FIVE C'S PROPERTY /• ,�`^o ` °7f , /Ilp"''— j �j r``7r` S n ❑ ❑ �3 W P 6? BOUNDARY 18O F-I MARTY HURDLE 4 ti VQOQ$ LINE 19 PROPERTY S q o° WETLAND FOREST srG q 4 NEXCAVATED BUFFER MARTY HURDLE � 25 FTWIDE U q PROPERTY a4 ��.■■■��■■■■♦ a ♦ 11 B FT F,p • .� OVERF �pV� WETLAND FOREST f co Q N j • L Asa � ,• �� � 3Qco J� .• tiJ¢� i a (� Q� .• Otv �• ..r Q 4 ' 3` � • f rQ • t r � ♦ (7 3 • C2 • z a O ci f f` Q ❑ ❑ 13 o❑ ti ` z u> Dp 0 co ❑ V z LLJ � C] 5Q 00 El 13 o fl 13 rr Lu a1 0 m 0 w m O z w w w ■ U ■ x ■ ■ ■ ■ r ■ ■ ■ ■ LLJ ■ ■ .O ■ ■ LL L ■ o ■ ■ POND A u- - --•--••---- g U c� TEMP CAUSEWAY- . ¢ ti up i o I -a ¢ o POND B z co 0 0 ir WATERING ptPEl1NE DE 10 FT Rog,000 1� EWATERIidG PIt .* fl a 7 .■ y 10 D C � �D' •. � b 7a[ r ■ C �m [P r � o ~ ■ -ilA U r* �� -n ■ rr * r * } rr t r* r PENINSULA MAYBE PARTIALLY OR WHOLY EXCAVATED ' • ri * r ■ • ■ ■ • 4 V-1 ■ pER � \j- PERM}T -A•G •'L 5 VVVVLA L, G , 0 C) G` � �J a■ * o . o o • o � O o • • • • zo ♦ o ��o �Q A • O • C) Ors • Ow • a� • � O • o „� � , Q • C Q' aq� O • S 2 • o wy AV 4 o� •411� z F MARTY HURDLE PROPERTY PASTURE! FIELD • MINE MAP • S O • m MARTY HURDLE SAND MINE e 355 SWING GATE ROAD Q` HERTFORD, NC 27944 ♦ Q� PERQUIMANS COUNTY • MARTY R.HURDLE- OPERATOR • ♦ MAP SCALE 1 IN = 64 FT MAP PREPARED BY KEN ELUOTT, CONSULTING 12-31-40 IZC � •. ♦ .tij a S, m � P£RMIT BOUNDARY 1$0 FT ° yvQOps LINE • 0 4e0 L/ •' • ' 4°qQy WETLAND FOREST *via go o p • 110 FT o 1 WETLAND FOREST Zj ham` PIPELINE TO SUPPLY WATER TO CRAYFISH POND O • D c .S �+y Q 2 ry • 1c a Q � • r * G Q ♦ • � 2 •• O C7 ♦ .r■ • Q 3 • .r 04 4 0 ,• G r �' i Q - : ❑ r r ■ V X UJ • .r ■ t� ca a ❑ ■ W ❑ r r I < • " • ❑ • ' z "* ❑ r w 'r ❑ + U c It .■ ❑ ■ ■ 4 ■ "r ❑ Ir PENINSULA . • o MAY BE PARTIALLY OR r r WHOLY EXCAVATED • ❑ ■ ❑ ■ i r � r � r ■ �❑ v ■ LL Le; • o mo vs ■ ■ • ❑ ■ • • 1 i f ♦ LLJ � a ■ f � f r � ♦ ■ 4.7 ACRE POND (INCL PENINSULA) 1 � © r r 20 FT AVG DEPTH : k ■ _� 25 FT MAX DEPTH • ❑ LL1 r ■ 4� ♦ f ❑ * Q E7 ■ f ❑ O r • f ■ � + J ❑ + f ❑ ■ ,o ■ • 4 Te ♦♦ R° ♦ LtiOgRy ♦'•♦ ORMF,4, � � c A • ♦ • 1� -sue ❑ Teo •♦. ♦• Q', �.. ❑ 0 • ♦� lI''4� }l�i & E � SLOPE CL LL....•.w.•,.of �, ❑ c t- ❑ 1bo F N 10 2011 L . _ LAND OUA.L� i Y ,�;:CTtON WASL'INO-ON OFF!CE 9, ■ ti WA I 10 N V R.'HIIRDLE3aa.r r �1 ii a} +. h - ray ✓.�,y.� �1 - 3 � y 1 " ' Z . Wk � rAl -1 4 {f, I IV psi 4+a. *1FIVE CS� r ,,. -01 1 a, Vir * '. 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. r w MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY N TO BE FILLED OUT BY DEMLR: Project Name: Marty Hurdle Sand Mine DEMLR Permit #: 72-22 County: Perguimans Applicant's Email: Ken Elliott (consultant): ken kenobx.com 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? r' 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: 2122113 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 1 Mill Creek / Class C Sw (30-6-5-0 )) 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 NPD�S-permit required? r' - ri.�E C=I NPDES permit existing? r (Permit #NCG020786) r :Ifian,NF?DES permit.is•not'required,'is DWQ �stil'i;concerned-about-wetlan+d degradation=a by.dewateriing? Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if r RO Contact Name: rv-, mine has already begun digging or is Contact Reason: dewatering without DWQ permit) i"i �.� 401' Wetland Cent. required? t V If J.'}, � YE 4 tL !� •rt � � tie-•+' I 1 F �� �' a' , +,,, , _ 401 Wetland Cert. existing? r Permit# r Rav SPnlomhar�)nin Print this farm to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWQ SPU. Send a copy to the permittee. Does,DWQROhaeenough information to r. ;:dete�mine:i# a l,.certification is required;? Rav Cantpmhpr 9n10 Print this fora to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWQ SPU. Send a copy to the permittee. ' YES NO Are wetland's disturbed.'at this site? I ' 5 .z Does DWQ RO suspect or know of nearby r , r wetlands to the site? is a-wetland,delineation'requi`redr'prior:foi k.. Consultant r r DWQ issuing the permit? - f' Onsite?• + _ ' r- ,pffsite�� .' Stream Determination Needed? I" r Stream, Determination Completed? r' Does DWQ RO need a statement that no wetlands/streams are disturbed r for this project from applicant? Buffer Determination Needed? ' Buffer Determination Completed? i Recycle system permit existing?* - 4: an;; r P,ermit t - . New Recycle System permit required?* �-- Enough information to determine? Non -discharge permit existing?* ` Fs . r P6rmit # Does this applicant need to contact the regional of Central DWQ Office to r - determine if a State Stormwater Permit is needed? r Unknown. Will wastewaters discharge to HQW waters r- 7Q10 Permittee with a 7Q10=0? ** Flow: must determine. ' r Has Violation - r O&M Requirements �f� HQVIl17Q10Concerns' .�. .. :y. Does DWQ.require.DEMLRtoffold the' r' Pay back•fees ar,renew r ' # r {e.g:'so DWQ.can review!it further or lbif -r g DVIIQ permit. ` r .permit because DWQ. requires moreLinforrriation}? ; ' f= ' Other �. OPlease describe the-.reasonpAo the permit ' ' ,hold R& contact: fHold Until: j Mine must wait to dewater until an O&M plan is (- O&M already approved approved? "The NPDES SW and WW permit NCG020000 covers closed -loon recycle systems, dosigned to exclude all stomawater 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 (APS), OR may instead be permitted underNCG020000 to eliminate an additional Permit. Rwv SantPmhPr gni n 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. Recycle systems that do not meet those criteria are considered discharging systems, and are subject to the NCG020000 discharge. permit. **To obtain 7Q10 flows, permittees must contact the DWQ Storrnwater Permitting Unit. if D WQ does not have a now estimate fora specific stream, permittees will be asked to obtain one. Pemuttees 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 Row for tidally influenced water bodies. *** if there is not enough information to give a complete answer, write in the space provided what 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: Washington Date: 2/20/13 RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable): Rau SPnts-mhPr 7nin R -'.--CPVED Q FES 4 2013 �vG ;Z — &-- I J7 DVV'Q—WARO NORTH CAROLING MINING PERMIT APPLdCATION FILE COPY State of North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources Land Quality Section RECEIVED JAN 2 S 1013 Lmo ,u iw Ty 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 Revised F chn ar y 24, 2012 V1 i 'Lill F E B - 1 2013 Lpj4j) 00AUTY SEGTION r�E-C�ONAL OFFICE 1'L.LIOTT CONSULTING January 20, 2013 To Whom It May Concern: This permit application is for a modification of existing permit #72-22, a 4.77-acre sand mine excavation constructed by Marty R. Hurdle, on his property at 355 Swing Gate Road, Hertford, NC 27944, in Perquimans County. The permit area is located on a high, sandy 25 -acre parcel and, upon establishment of proposed erosion & sediment control measures, will not present any problems regarding runoff to adjacent areas. The purpose of the excavation is to serve as a source of sand for resale, to provide a source of water for Mr. Hurdle's commercial crayfish operation, and to establish a pond for recreational use. The current 4.77 acre excavation is divided into 2 parts; the northern pond (Pond A, 1.55 acres) has been excavated and side slopes have been reclaimed with ground cover on 3 sides. Excavation of the southern pond (Pond 13, 3.22 acres) has started and is approximately 50% complete. The 2 ponds are separated by a 30ft wide causeway, and wheii both ponds are finished the causeway will be removed, making one large 4.77 acre pond. Pond A was originally permitted to be dewatered duriaig construction. Upon completion, dewatering has ceased from Pond A, and Pond A serves now as a sediment pond for dewaterirag Pond B. During dewatering, Pond A overflows through a permitted pour[ source discharge at its northern end. This discharge point releases clear water to an adjacent wetland forest draining to Mill Creek and Pcrquimans River. Dewatering of Pond B allows for full depth excavation and proper reclamation of the edges of fond B. It is the intention of Mr. Hurdle to only dewater the excavations as needed, and does not entail full-time dewatering. Pond A is currently being used as a source of water for 2 crawfish ponds located east of the excavation. These ponds were originally permitted to be used as sediment ponds for the dewatering of Pond A. That is no longer the case, and this modification is requesting release of that portion of the original permit area to be removed. After excavation of Pond 13 is complete, the operator will excavate and remove the causeway separating Pond A and Pond B. When finished, this will be a single pond with an average 20ft depth and maximum 25ft depth, and a maximum acreage of 4.77 acres. Finally, Mr. Hurdle will start excavation of an additional 0.63 acre pond (Pond E} located southeast and adjacent to the current excavation. This location entails new acreage added to the current permit area through this modification. "There is wetland forest surrounding a blue --line creek on the cast, west and north side of the current excavation, Iocated 75 — 120 feet from the excavation edge. The operator has established a 50ft undisturbed buffer (no disturbance of any kind) adjacent to the east, west and north perimeter of the permit area. This buffer is being maintained by the operator as pasture with grass and pine tree ground cover. I I , i -- 2 -- _January 20, 2013 In addition there is 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 15ft x 3ft deep closed -end swale on the east side of the excavation, and a 250ft x 15ft x 3ft deep closed -end Swale on the west side of the excavation, between it and the wetland. These swales provide maintenance of groundwater in areas adjacent to existing wetlands. The operator has also established a continuous silt fence along the outside edge of the unexcavated buffer on the east and west 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. The excavation area is located geographically 500 feet from the nearest 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 mining operation, and the site is barely visible from the closest highway. Upon receipt of the approved permits from NCDENR Land Quality and Water Quality, Mr. hurdle plans to excavate the mine to an 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 permit. 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 this mining operation and modification of the permit. The Yerquimans County Manager has been contacted regarding this modification application and land entry agreements have been obtained. The mine area has been well marked with warming and keep out signs to prevent inadvertent public access. Mr. Flurdle does hereby request approval for this permit modification, and asks that it be expedited as soon as possible. Mr. Hurdle appreciates your consideration of this permit application and looks forward working with NCDENR in coming years. Sincerely, Ken Elliott for Marty R. Hurdle 110 BO4 112 • AYDIA-"TT, NORTH CAROLINA • 27916 PITONF: 252-339-9021 • E-MAIL: K1�.N r@K]?NOR\.CO\] APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Marty Hurdle Sand Mine _ _ County Perquimans 7n _ ;U River Basin Pasquotank Latitude (decimal degrees to four places) 36.2266N E���� Longitude (decimal degrees to four places) 76.4212 W -JAN 28 ZD13 2. Name of Applicant* Marty R. Hurdle L s.1141CTION 3. Permanent address for receipt of official mail** 355 Swing Gate Road,_ Hertford,_ NC 27944 Telephone 252 426-9155 Alternate No. ( 252 ) 337-4557 4. Mine Office Address Same Telephone ( 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 be cause for permit revocation. K7 Date Print Name Marty R. Hurdle yU Title Owner / Operator , FEB 2013 t _ This will be the name that the mining permit will be issued to and the name that must be,indicatedcon=the ,,, reclamation_ bond(security) that corresponds to this site. wpsrL^ �� r'='— ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. * * * Signature of company officer required. G.S. 74-51 provides that the Department shall grantor deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ® If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: 72-22 Total permitted acreage: 10.479 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 ® NoEl. If yes, indicate the additional acreage to be covered by this modification: 1.98 acres . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes ® No ❑ (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): 1.52 acres ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and e the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand & topsoil 3. Mining method: H Hydraulic Dredge H Front-end Loader & Truck ElShovel & Truck Dragline & Truck Self loading Scraper Other (explain): Excavator 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 feet -3- APPLICATION FOR A MINING PERMIT 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? Marty Hurdle, since 2010. 6. Number of years for which the permit is requested (10 years maximum): 7 years remaining on„permit B. MAPS Clearly mark and label the location of your mining operation on six copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: I612 Mail Service Center OR 512 North Salisbury Street, 5t' Floor Raleigh, North Carolina 27699-1612 Raleigh., North Carolina 27604 (919) 733-2423 littn://r)ort.t1.iicdciir.orc/well/Ir/L,eotoL,ical home. County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of Iand that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. -4- APPLICATION FOR A MINING PERMIT p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be providedonthe mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres 1 inch = 100 feet 200f Acres 1 inch = 200 feet (NOTE. Smaller scaled reaps may be acceptable if they clearly illustrate the above items) -5- APPLICATION FOR A MINING PERMIT A table/cliart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings / Sediment Ponds 0.00 acres Sediment / Hydration Swales 0.19 acres Stockpiles 0.30 acres Processing Area / Haul Roads / Unexcavated Buffer / Access Road 2.36 acres Mine Excavation 3.85 acres Total Disturbed Acreage 6.70 acres Total Undisturbed Buffer Acreage 1.99 acres Total Affected but not Disturbed Acreage 1.95 acres Total Permit Acreage 10.64 acres NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -6- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(a). Attach additional sheets as needed. 1. 2011 Permit: Acquire proper permits from NC Department of Environment and Natural Resources. -� 2. 2013 Mod: Permit boundaries set for addition of 1.98 acres of land to southeast of original permit area. 3. 2011 Permit: Site laid out with 50ft undisturbed buffer on north, northeast &. west side of permit area adjacent to wetlands, and 25ft unexcavated buffer around entire excavation area. �- 2013 Mod: 5011 wide undisturbed buffer extended to southeast corner of new permit area, along with 25ft wide unexcavated buffer around new area laid out. 4. 2011 Permit: Operator installs silt fence around north, northeast and west perimeter of unexcavated buffer between unexcavated and undisturbed buffer. Silt fence will also be installed along perimeter of northeast access road where it crosses wetland forest. 2013 Mod: silt fence extended to southeast corner of new permit area, between undisturbed buffer and unexcavated buffer. Silt fence removed from perimeter northeast access road crossing wetland, which is being taken out of permit area. S. Operator will dig excavation in 4 phases (see attached phase diagrams): i. 2011 Permit: Operator will excavate Pond A (1.55 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 for further adjacent excavation & dewatering in Pond B. 2013 Mod: Excavation & slope reclamation complete in Pond A, no further dewatering into existing Pond C (crawfish pond), majority of Pond A released from reclamation bond. ii. 2011 Permit: 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. -r 2013 Mod: Operator will not dewater Pond A into Ponds C or D (crawfish); operator will only dewater into pond A & overflow from point source discharge on north end of Pond A as previously permitted. iii. 2011 Permit: After excavation of Pond B, operator will then excavate & remove causeway between Pond A & Pond B, leaving one larger pond (3.560 acres) with peninsula on northeast side. 2013 Mod: Operator elected to remove peninsula & leave one large pond (4.77 acres). iv. 2011 Permit: At his discretion, operator will excavate & remove all or part of remaining peninsula on northeast side of pond to increase total excavation area. Operator will decide how much to remove depending on needs & wishes at that time. Entire peninsula will be permitted to be removed if desired. 2013 Mod: Operator �— elected to remove peninsula & leave one large pond (4.77 acres). v, 2013 Mod: Operator will excavate new separate 0.63 acre sand pit (Pond E) 35 feet southeast of main excavation. 6. 2011 Permit: 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 porosit of the soil in the area, Sediment Pond C and Crayfish Pond D will hold and disperse natur2y 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. 2013 Mod: Operator will be discharging to waters of the State from Pond A only. Pond A will also supply crawfish ponds C & D with fresh water per need but with no discharge to waters of State. 7. 2011 Permit: Each excavation area will in turn first have topsoil removed down to 2.5 feet below natural ground level and stockpiled, and then sand will be dug from excavation area by excavator down to average 10 feet below existing natural ground level, and stockpiled for later removal from premises. 2013 Mod: No change. -7- APPLICATION FOR A MINING PERMIT 8. 2011 Permit: To complete full depth excavation and slope construction of the pond edges, each proposed excavation will have to be dewatered. 2013 Mad: No change. 9. 2011 Permit: Pond A: operator will establish a dewaterin� pump on the northeast corner of the excavation, and will run 6in (expanding to Bin) 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 from a point source discharge located on the north end of that pond, which will overflow into an adjacent wetland forest, leading to Mill Creek & Perquimans River. Pond C will also serve as a water source for existing Crayfish Pond D, currently permitted by NC Dept. of Agriculture. Depending on need, part of water from Pond 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 north end of that pond, into adjacent wetland forest. 2013 Mod: Pond C will be used for crawfish production only, not as sediment pond for mine dewatering from Pond A. Pond A will serve as water source for crawfish pond. 10. 2011 Permit: 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 & Perquimans River. AIternatively, upon need, Pond A will be dewatered into Pond C (and Pond D) as described above. 2013 Mod: No change except no mine dewatering into Pond C. Overflow from Pond A will be through previously permitted discharge on north edge of Pond A. 11. 2011 Permit: To dewater the Pond A excavation, water will be pumped slowly into Pond C. Pump will run 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 causewayy separating those 2 ponds.' Water will be held in both ponds as needed for crayf sh production; excess water will overflow. 2013 Mod: No dewatering into Ponds C or D; Pond A will serve as water source for crawfish ponds with no overflow from them. 12. 2011 Permit: Overflow water will flow northward through an existing culvert from Pond C or Pond D 25ft to an existing 50ft 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 flows west and south 1.7 miles where it joins Perquimans River. The excavation will be dewatered as needed by the owner during the permit period in order to achieve full depth excavation. 2013 Mod: No dewatering into Ponds C or D; Pond A will serve as water source for crawfish ponds with no overflow from them. 13. 2011 Permit: Side slopes of Pond B will be reclaimed during dewatering. 2013 Mod: No change. 14. 201.1 Permit: 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). 2013 Mod: Operator elected to remove peninsula & Ieave one large pond (4.77 acres). 15. 2011 Permit: Additional sand from the remaining peninsula will be excavated as per operator requirements, and remaining side slopes will be reclaimed. 2013 Mod: Operator elected to remove peninsula & leave one large pond (4.77 acres). 16. 2013 Mod: Operator will excavate new separate 0.63 acre sand pit (Pond E) 35 feet southeast of main excavation, leaving sand causeway between main pond and Pond E. 17. 2011 Permit: Minimum 2:1 graded slopes established around edges of pond area below groundwater level. 2013 Mod: No change. 18. 2011 Permit: Minimum 3:1 graded slopes established around edges of pond area above groundwater level. 2013 Mod: No change. 19. 2011 Permit: After excavation and edge sloping is completed, a low 1 ft x 8ft berm will be established around the entire perimeter of the excavated pond, with outside slope graded down to natural ground level. 2013 Mod: No change. 20. 2011 Permit: 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. 2013 Mod: No change. -3- APPLICATION FOR A MINING PERMIT 21. 2011 Permit: Internal haul roads and processing areas of main permit area will be leveled and graded to natural ground level, to be returned to natural field state. A 1Oft wide field path will remain around the entire perimeter of the excavated pond for owner access. 2013 Mod: No change. 22. 2011 Permit: Access roads & field paths to Swing Gate Road will be graded, leveled, and returned to pre-existing state. 2013 Mod: No change. 23. 2011 Permit: 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. 2013 Mod: No change. 24. 2011 Permit: All silt fence erosion controls will be removed. 2013 Mod: No change. 25. 2011 Permit: At end of permit period, affected area returns to pre-existing, natural state. 2013 Mod: No change. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plansfor sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(v) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Continuous silt fence erosion control will be established on north, northeast, and west side of 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 6ft wide x 211 tall temporary sand berm along unfenced perimeter of unexcavated buffer to prevent offsite erosion along south and east side of excavation area. Berm will be grassed and stabilized, and will be inspected weekly and repaired as needed. Operator will construct 300ft long x 15ft wide x 2.5ft deep temporary closed -end swale along eastern 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. This excavation will have 6ft wide x 2ft tall temporary sand berm on its eastern edge. Operator will construct 250ft long x 15ft wide x 2.5ft deep temporary closed -end 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. This excavation will have 611 wide x 2ft tall temporary sand berm on its western edge. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No®. If yes, briefly describe all such processes including any chemicals to be used. Not applicable. b. Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? Yes ® No ❑. Ifyes, briefly describe the nature ofthe discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). 2011 permit allowed 3 discharge points from Ponds A, C & D for overflow from dewatering. This 2013 modification eliminates overflow discharge points from Ponds C & D, overflow will occur from Pond A as previously permitted. This previously permitted overflow discharge point is established on the north end of Pond A which will overflow into an adjacent wetland forest, leading to Mill Creek & Perquimans River. -9- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ® No ❑, If yes, do you intend to dewater the excavation(s)? Yes ® No ❑. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: 24,000 Val/day Locate all existing wells on the mine maps) that lie within 500feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. No residential wells located within 500 feet of excavation area, local area served by public water system. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. NCDENR DWQ Certificate of Coverage No. NCG020786 attached. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ® No [I.If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. 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 & 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 1 Omph maximum. 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. it may be an unexcavated buffer (no excavation, but roadways, berms and erosion - & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be Iocated within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any miming permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A minimum 25ft wide unexcavated buffer will be maintained around the entire excavation. This buffer will contain erosion & sediment control fences & devices, erosion control berms, roadways, processing areas, and stockpiles. APPLICATION FOR A MINING PERMIT b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A 50ft undisturbed buffer will be established on the north, northeast, cast, northwest, and west side of the excavation area. This undisturbed buffer will located along the permit boundary between wetland forest and 25ft wide unexcavated buffer b. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to I vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. 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 of 3 horizontal to 1 vertical gradient b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. Fill slope cross-section of temporary erosion control berms attached to reclamation and mine maps and will have minimum 3:1 side slope gradient. Final reclamation fill slope will be established at edge of cut during reclamation of mine, and will have 4:1 side slope gradient. c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections jbr all cut slopes must be provided on the mine map(s). Cut slope at excavation edge will have 3:1 slope gradient from natural ground level to water table level, and cut slope from water table level to bottom of excavated area will have 2:1 slope gradient. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. Not applicable. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. Not applicable. Closest dwelling (owner's residence) is 500 feet from excavation; closest road is 450 feet from excavation. APPLICATION FOR A MINING PERMIT 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). 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 feet from nearest public road (Swing Gate Road) and is only accessible from gated access road and private secondary access running adjacent to operator's residence. ' 9. Are acid producing minerals or soils present? Yes ❑ No N. If yes, 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 scrcenin the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location ofall visual screening on the mine maps) and provide cross -sections through all proposed berms or proposed spacing, sizes and species far tree plantings. Existing natural growth of pine trees, fields and wetland forest around perimeter of permit area will screen operation from public view. No additional screening planned. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? if so, how will such effects (i.e., noise, visibility, etc.) be mitigated? Mine permit area located on private -owned farmland. No public parks, forests, or recreation areas located nearby. 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 air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavations) on the mine map and indicate its approximate distance to the proposed excavation. Not applicable 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No N. Ifyes, describe these materials, how they will be stored and method of containment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). Not applicable. No fuel, solvents or chemicals stored inside permit area. -12- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine rnap(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. 1. Excavated bodies 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, affected 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 low berm located at the edge of the pit 1 ft high and will extend 8 feet wide away from the pit (see attached cross- section). 3. Rehydration control swales will be filled, leveled, fertilized & seeded, along with rest of processing areas. 4. Erosion control silt fence will be removed, land graded & leveled after removal 5. Access road to excavation area will be graded, and returned to original condition used as farm field access path. 6. Graded land and all affected 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 M. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal Iow 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, crappie & 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 left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must he shown on the reclamation map. Not applicable. No excavation in rock. 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. No mine site waste areas will exist; topsoil and sand stockpiles only. 13 APPLICATION FOR A MINING PERMIT 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 mine 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 fertilized and seeded with grass by mine operator at end of mining 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 ground cover by the owner. A 1 Oft wide field path 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 E. Ifyes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. Pre-existing access roads (925ft & 768 ft single -lane driveways & farm paths) from Swing Gate Road to main mine site area and owner's residence will be returned to pre-existing standard during reclamation. (2013 Mod: 768ft bonded access road to operator's residence taken out of permit in this modification = not being used for mine activity). 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 1971.) No off -site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. if a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine maps) and reclamation map, along with a list of items to be disposed in said areas. Any and all scrap metal, junk, cables or other such non -original waste materials will be removed from mine premises by mine operator and disposed of properly at Perquimans County Landfill, Hobbsville, 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. -14- APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): 0.5 ton / acre upon soil test FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 10:10:10 fertilizer, 430 lbs / acre, Spring, Summer & Fall SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Kentucky Fescue Rye Grass Bermuda Grass Seed i n g Da tes: April November May Seeding Rates: 250 lbs / acre 150 lbs / acre 85 lbs. / acre MULCH -TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: Not applicable. OTHER VEGETATIVE COVERS -- TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Not applicable. Revegetation and/or reforestation plan approved by: Signature ***ON FILE*** Date Print Name Title Agency -15- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to S5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life ofthe miningpermit. Please insert the approximate acreage, or each aspect ofthe inininz operation, that you intend to affect during the life ofthis mining permit (in addition, please invert the annrnnriate reclamation cost/acre for each catevory from the Schedule of Reclamation Costs upon vour Harps ana stanaara reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. — $ Stockpiles: 0.30 Ac. X $ 1800 /Ac. _ $ 540 Wastepiles: Ac. X $ /Ac. _ $ Processing/Roads/Unexc. Buffers: 2.36 Ac. X $ 1800 /Ac. _ $ 4248 Mine Excavation: 3.85 Ac. X $ 500 /Ac. — $ 1925 Other: Hydration Swales 0.19 Ac. X $ 1800 ./Ac. W $ 342 TOTAL AFFECTED AC.: 6.70 Ac. (TOTAL PERMITTED AC.: 10.64 Ac.) T_emnorgy & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 6.70 Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ 7055 Inflation Factor: 0.02 X SUBTOTAL COST: $ 141.10 X Permit Life (1 to 10 years): 7 INFLATION COST: $ 987.70 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 8042.70 Total Reclamation Bond Cost: $ 8000 (round down to the nearest $100.00) us APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a faesirriile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that arc within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy ol'a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. N S: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALI., MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(b1). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" dirm (SAMPLE) NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that Marty R. Hurdle _ has applied on December 2012 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface mining permit, ® a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine sand & topsoil _ __ on 10.6 acres located 3.5 miles (Mineral, Ore) (Number) (Miles) northeast of Hertford off/near road 355 Swing Gate Road _ (Direction) (Nearest Town) (Number/Name) in Perquimans County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regardinjZ 1 Z5Z-426-1i 55 For information on the mmmng permit application review process, I contact the Mining Program staf at (919) 707-9220. Please note that the Department will consider any.'re Frank Heath, Perquimans County Manager PO Box 45, 128 N. Church St., Hertford, NC 27944 (Addressee/Owner of Record's Name and Address) December 4, 2012_ (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) r: Marty R. Hurdle,1l (Name of Applicant: Include Contact Person._._—�' & Company Name, ifApplicable) sF 355 Swina Gate Road. Hertford, NC 27944 (Address of Applicant) -18- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, Kenneth 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, from the N.C. Department of Environment and Natural Resources, being first duly swom, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 beet of the mining permit boundary) and that notice of the pending application has been caused'to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) Sonnie J. Hurdle Alan W. & Ma M. Proctor .Tames R. & Darlene H. Bain Elmwood Farms, Inc. (Address) 347 River front Road, Hertford, NC 27944 306 Swing Gate Road, Hertford, NC 27944 314 Swimzr Gate Road, Hertford, NC 27944 598 Ocean Highway North, Hertford, NC 27944 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Cluef Administrative Officer Name) [i.e.: City Manager, County Manager, Mayor, etc.] Frank Heath Per uimans Coun1y Manager (Address) PO Box 45 128 N. Church St. Hertford NC 27944 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 513.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused t be mailed and to provide them to the Department upon request. Janua 08 2013 Signature of Ap cant or Agent Dafe " If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Marty_ R. Hurdle_ Title of person executing Affidavit A gent for Marty R. Hurdle I, a Notary Public of the County of Stakggtll~ibt 4 Carolina, do hereby certify that K�OA,-A F— L C10 ;� ` +this day and under oath acknowledged that the above Affidavit was made by him/her. -0 zIlWitn. _Pand notarial seal, this day of 2013. n b' lot my Commission expires: 00 S fM3 1y� % APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, Kenneth 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, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) Tamra Dawn Koltuniak Daryl E. & Ella Mae Hurdle _ Marc E. Harcher (Address) 323 Swing Gate Road, Hertford, NC 27944 393 Swim Gate Road, Hertford, NC 27944 322 Swing Gate Road, Hertford,, NC 27944 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of 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.] Frank Heath, Perquimans County -Manager (Address) PO Box 45,128 N. Church St., Hertford, NC 27944 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance withN.C.G.S. 74-50(bl) and 15ANCAC 513.0004(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. -- -. JanuaryQ$; 2013"^Y�- Signature of Applicant or Agent Date��\11 1 If person executing Affidavit is an agent or employee of an applicant, provide the following jnfo arm tiori .(-, ("r . Name of applicant: Marty R.-Hurdle Title of person executing Affidavit. Agent for Marty R. Hurdle , I, �05 � a Notary Public of the County of �CA ���ia $Varolina, do hereby certify that ,�`3peared Ame this day and under oath acknowledged that the above Affidavit was made by him/her. .c0 � W&ess.4y aid$nd notarial seal, this day of 20 ?�Nota - 144- my Commission expires: ''���i�� 9 M 3 1 '��������, - 29 - 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: r / • — z' elll Signature:* Print Name: Marty R. Hurdle Print Name: Marty R. Hurdle (Title, if applicable) Company NIA Title: Owner / Operator (If applicable) Address: 355 Swing Gate Road Hertford, NC 27944 Telephone: ( 252 )_426-9155 Company: NIA Mine Namc: Marty Hurdle Sand Mine Telephone: ( 252 ) 426-9155 Date Signed: September 26, 2012 Date Signed: Se tember26 2012 Y —� DEB _ � �fl13 *Signature must be the same as the individual who signed Page 1 of this application. One original and five (5) conies of the completed application, six (6) copies of all location mans, mine mans and reclamation maps, and the appropriate rocessin fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. arm STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020786 STORMWATER AND MINE DEWATERFNG DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Marty R. Hurdle is hereby authorized to discharge stormwater and mine dewatering water from a facility located at Marty Hurdle Sand Mine 355 Swing Gate Road Hertford Perquimans County to receiving waters designated as an UT to Mill Creek, a class C; Sw water in the Pasquotank River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective June 15, 2011. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this 15t' day of June, 2011. ORIGINAL SIGNED BY BETHANY GEORGOULIAS for Coleen H. Sullins, DirectorpFaD Division of Water Quality By the Authority of the Environmental Management Commission NCGO20786 Map Scale 1:24.000 �! Marty R. Hurdle D Marty Hurdle Sand Mine Latitude: 360 13' 35" N } FEg Longitude: 761 25' 15" W County: Perquimans 1 Receiving Stream: UT to Mill Creek Stream Index No.: 30-5-5-(1) Strearn Class: C; Sw Sub -basin: Old-01-52 (Pasquotank River Basin) Facility Location Temporary Hydrating Swale Construction Details Marty Hurdle Sand Mine Hertford, NC Perqui mans County ti T,_9 31KT _ R _ I P R �[ I 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 flat-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 1DD-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 p min -i h +�nv+ 18" min i+=- I !lily it#illi�T=JII(1I fll - , i� 1`- IIHi� if I �--..,-".--'-' 6 • Typical 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. Coarse aaarecate 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 Temporary Gravel Construction Entrance / Exit Details Practice Standards and Specifications 6.06.1 Marty Hurdle Sand Mine Hertford, NC Perquimans County Flguro 6.06a Gravel aniranoWuxit kaaps sodiment from loaMg the consumficn site (modified from Va SWCC). 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 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 Section AA Filter Trapezoidal Riprap Channel — Design top widlh _ I Design depth L Fitter layer, gravel or lat)r,'c 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 13 times the maximum stone diameter. 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 be#ow 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 -hank flow. Control weeds and brush growing in the riprap by cutting. Ken Elliott, consulting February 22, 2011 Sediment Fence (Silt Fence) Construction Details: Practice Standards and Specifications 6.62 Marty Hurdle Sane! Mine Hertford, NC Perquimans County f. rr r `..' :-ars ter[•, :. t. x A temporary permeable barrier erected on small disturbed areas to capture sediment from sheet flow. It is made of filter fabric buried at the bottom, stretched and supported by steel posts. Planning: Silt fence will be installed along the perimeter of a 12ft wide access road when crossing wetland areas. Narrow width of fenced area will allow only shallow pools to form behind fence while promoting deposition of sediment and preventing sedimentation into adjacent wetlands. Ends of fence will be curled uphill in "Jrr pattern to prevent end flow. Stabilized outlets will be provided to protect the fence system and release storm flow that exceeds the design. Design considerations: Silt fence will be constructed of extra -strength synthetic filter fabric. Height of fence will not exceed 2 feet above natural ground level, and will be constructed from a continuous roll to minimize joints. All joints will be fastened at a support post with 4 feet minimum of overlap. Extra - strength filter fabric will be fastened to road side of steel posts (installed 2 feet deep) every 6 feet (every 8 feet if using standard strength filter fabric with wire mesh backing) and fastened with wire ties. Trench will be excavated along inside of fence approximately 4 inches wide by 8 inches deep, into which 12 inches of fabric will be placed along the bottom and side of the trench. Trench will be backfilled and compacted. Maintenance: Inspect sediment fence every week and after each rainfall. Make any required repairs immediately. Replace any collapsed, damaged, or decomposed fence promptly. Remove all fencing materials and unstable sediment deposits and bring the area to grade and stabilize it after the contributing drainage area has been properly stabilized. Ken Elliott, consulting January 20, 2013 huh \� • . �. •.vim �„ ! 'r lIAR.TLY HI,, I E SAND MN-E 721 ram,-, r _ r• r'' •', �-�,• �� ` 1 Z z F2: '— x' nor "�-,r-r• � k. ' ' ' ,:>< �- `- - 'kilo I C` �!• Ise. �' un f� } Ds '51 � •, ,. \:.. - •, , ', .t ,,ham::�- IQ v .1,1s C _ I r • 1'> �`.\'---i� sty � l �• ' � l\ It MR. ILDI au -� -� •r `r .� \fir ' ' � � �,� 3i! `\ 'Wl ✓ / .. � r1N 1 ,--�4' '� \ ram- I l' - Awl _ 1 \ \. 1 k ,� -u s• f1 A L f 5755 IV Sw- 370 (CHAPANOKE) 372 1 26' 373 374 2 770 000 FEET I CHAPANOKF 1223 + jr 1221 � 12'1.., _ 4.8 GEO MAP " ". �-� 1222 MARTYHURDLE SAND MINE 355 SWING GATE ROAD /Il j SpU�{NEP� .Ao HERiFORD, NC 27944 ' PERQUIMANS COUNTY M., pm"r. by a j • " ' d�� $� • y Ken UcC, caxAMD December 31. 2010 3: 6 ' y O • 1128 b t 1125 1227 ( Holiness •• v}' 'tea 121f SAND INN . ` ^_, l yi.. � i� r,�, .` , , `, f a ] 1 r1 1' II 1%�,\ �'`~, `�t' t� +• y..J7�i •{ 1 � `Mcl er VfO/VQ``�� 1� �. Q�1 ' 1227 ton Grove 1r I1 �: •�j-•,.. /. I I V• 1 - , ,k i l '_lA ` y •\ 1 _y. � � j �'• �.„d, �'� `✓ fI 1I' • m II� %�i �z n �. N/F _ DARYL & ELLA HURDLE PROPERTY A, / WOODED WETLAND ♦ N/F ' N/F �O MARTY & SHERYL SONNIE J ` O / y� HURDLE ` HURDLE 20'IQkG OUTrET N/F / PROT EC71tlN ELM WOOD FARMS /' !yj tf ' ^ J 00D., �oc,�• ' EXTSTTNG oI FO ♦ 1 1 0 CRAWFISH a= ! z B �WC�ti�P_Ii • POND C 1 F,p h 1 V Pu 1 1 X 1 ``c POND A - 1.55 AC �' r f RECLAMATION COMPLETED w f (3 SIDES) r m �4 ....---.-'- G + N/F r h ". ♦ 1 SONNIL J HURDLE ar x M ♦ 1 `QTF ! 1LU LL a w GAP ' \ ♦ 9CCFSs . ♦ Ro . d } ° POND B - 3.22 AC ♦ yF��� `^ F r' a IN PROGRESS , \ !~ Z. 00 \ I • ' �� •� o••�• \ ' EXISTING 1 / STOCK 9 STRIPED K ,j '� ' •' Q. PILES •. :..5,:. �� 0 y° •'\ RAsi �- , �S, ' ...s 41I i o ;•. G I POND fi � �p� i ••'N9'� G '\ f ¢Q sj'VG �'ii P \ 1 k� • � POND E - 0.63 AC � • IN TO BE PERMITTED ♦ of r+ � \ FO yA`) p ..jo wZpE � i i wooDs �o WOODS / \ en\ % - \ \op 1 TAMRA DAWN '� ♦�� \ KOLTUNIAK MARTY & SHERYL ♦ \ HURDLE \. �, 4� \ 1 / N/F (� +1�I ♦ �U / ` HRC MINE MAP ♦ \ �rq,, � MARTY HURDLE SAND MINE ♦ \ '� 1�%. �D HERTFORD, NC 27944 PERQUIMANS COUNTY \ Jp 20�3 / �,"-� •r c= +%' PERMIT #72-22 ♦ '\ { �• lP;'� SCALE; 1IN = 100FT ♦ MAP BY ELLIOTT CONSULTING \ '�`.LD QUALITY SECTION N/F 3ANUARY 19, 2013 Scb. \ Ile GAMES & DARLENE lop BONDED MINE EXCAVATION - 3.85 AC \ / 112� / RAIN PROCESSING AREAS, HAUL ROADS - 2.36 AC SEDIMENT/HYDRATION SWALES - 0.19 AC z♦ \' / y� / \ STOCKPILES - 0,30 AC 0 RECLAIMED (AFF, NOT DIST) MINE EXCAV - 1,55 AC RECLAIMED (AFF, NOT DIST) UNX BUFFER - 0.40 AC ELMWOODFFARMS a / ALANN&FMARY \ UNDISTURBED BUFFERS - 1.99 AC \ TOTAL. DISTURBED (BONDED) - 6.70 AC / � � PROCTOR \ TOTAL EXCAVATION - 5.40 AC \ TOTAL PERMIT - 10.64 AC N/F r DARYL & ELLA HURDLE _PROPERT / �'•w..�.._. .Y ._..�..�...,.. WOODED WETLAND !r 3 , N/F l N/F MARTY & SHERYL SONNIE I cp10 / ♦ HURDLE HURDLE y _ ELMWOODFFARMS� *00Ds. EDGE. \ 6 � a f 31 s o grcFss G��� ♦ 1• � POND C. o/ A� r ICOp CRAWFISH 4 : I WP3E1i' POND cn Lu 4; ! N/F fSONNIE 3 HURDLE r•', POND A & B ! f 4.77 ACRE j`• MINIMUM 4' DEPTH 4U. aC w• � Q, `I.� v ' % t�`\ 'o• r I FORmjR 'SfpCKPILES OQ & PROCESSING AREA 2 ��� \ STRIPED BASS 13 ,y N� yp \ POND G f 1g" fry , , \ \ ••\ I FSS R�. ,', . POND E ',• `'. Jr, �•\ \ MUM ACRE \•, • •�', MINIMUM 4' DEPTH � \ to 4-0 so I i \ p , WOODS WOODS � Oo N/F / ' \ TAMRA DAWN / ,f � 1 \ KOLTUNIAK /•' `'•\ I ••\ A %\ l' N/F MARTY & SHERYL \ / ' , \ HURDLE .\ f' / N/F MARC � \ � r—, sq f:-� r n-__ —. 't' �'�_ _ .`� �.•� -- � � � � /\ HARCHER RECLAMATION MAP MARTY HURDLE SAND MINE ♦ \ 1-r-v 4 - _ _� r / y �1 } . \ ' HERTFORD, NC 27944 , ' PERQUIMANS COUNTY PERMIT #72-22 .�pN 2013 L� \ SCALE: IIN = 100FT • _ ., -/--•/ MAP BY ELLIOTT CONSULTING �} A ,-1 IAA t+r LP .6r 7ANUARY 19, 2013 '1 \ LZ•t �"'^•�� sac1 •`'•� / 6.. / BONDED MINE EXCAVATION - 3.85 AC ♦ -\ /' Vp�� x N/F PROCESSING AREAS, HAUL ROADS - 2.36 AC SEDIMENT/HYDRATION SWALES - 0.19 AC ]AMES & DARLENE ��O \ / �' STOCKPILES - 0.30 AC ; \ / /' � `� / ./' \ \ BAIN RECLAIMED (AFF, NOT DIST) MINE EXCAV - 1.55 AC z 0♦ \• /' yP / RECLAIMED (AFF, NOT DIST) UNX BUFFER - 0.40 AC , UNDISTURBED BUFFERS - 1.99 AC TOTAL DISTURBEDTOTAL (BONDED) CAVATION - 6.40 AC N/F ` M` ' / / N/F \ \ TOTAL PERMIT - 10.64 AC ELMWOOD FARMS /' it ALAN & MARY PROCTOR \''\ % . hh{! LL1AM � sua� ,R �, • ! p4tQp%RTf 1 pAR GRE�KpRA 5Y�`i�' I ke � eLu��1N� � �pRrc�T ��4P�':s�'� �� �� ids • ' wp1�(1 4 �{p5 90 nfl� R� �$ ► }J�S C ti� guf� xs goo C ctiLvi �zT ■ w � ,��s 1 w 1VCAVATE.� A 4 1 � • � � w OW F4 " PtiRM4i R a.`'W. h{5s CROA F15H� � • " � • ; oR '' _ - 1 ~ '' ft'O 4 ` ? ' C [C � • F -A LSD 1 t'. �" ELL H1![iDi .•� . C4 tA4PELL ' j AM Rp't '• NSa0D ELrA�F�' • ro �.9 a f[pNgRr RU55 ERA ROPEfi �jtijiLL :.. , •' •� pR"�' 1 • cu�v�T D OpER�q��F pRpp �. P,RO�'E? o l MARV pENwNSU } �� •� �a r 4�ftopti 4t ,► 1 �103 CID ili1 g q rssl � � K • +� i k r9'�• • ``�C� • 1►y •� ?.' I,��O. ' S� !r LL • Q ` BASS ,Nk 1 AREA c7 • n. 1 S�RipED r3 i �r • .. • �m • ¢ CAVR O u�i 4.7 ACyNC� pN4�>�1�� 4 bvy� • •' ` pDNfl 1 w •ce � 1 N. NE x a; d *'w"♦ -TYEL�4 SAND MT 1 � � � � ' ' PAS"f UFtI; �r � • " MAR 3 Fp7' • � V •w P ' � � • C�iAPPE.LL � V�pljA115 CQU�j"Y�l w s Rp • '� ' • W II LIA PEPQ [ JON / '•+.a��'M� a, pR4pER p114WI43C*O�AREA` ,a Rg MA I PE12M VEi) 1ING•,w •.ARC•{ !#�RDiE ��r . • �%F E R Mp / orrGr� �Q y • ` ` o• . w _ PR 2013 MOD _150pT Ev-Lxo p�%�, pX� •• ►-1ENR4 EA 01d • * ' . �F MAR R ANUARY 19 • 2013 I cR .si. CMH HOMES INC IND �' /� �� • . w S EL pRppER�' f pOq > �+ 5 LTC3 PASTURE �� � • • w / s ELM Eg+�,r GLAS CHAPpELL / + • �C' �a paU •• 1 g ` ei4q T4� q pp R CQEPSTRA�G + + 4 • . t�. •- ' A��� , �� .`yaw' Alp HIVE CS 1>110�� a � • x � i W • i PnA6 s form to PDF Retum PDF of this form to DEMLR CO by email. cc DEMLR RO, DWQ SPU. Send a copy to the permittee. MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY atBF-W-1R"ILei ►■LOA:]a21411=M Project Name: Marty Hurdle Sand Mine DEMLR Permit M 72-22 County: Perguimans Applicant's Email: Ken Elliott (consultant): ke_nCcD-kenobx.com 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? r r Original permit issued 6/10/11 Have land disturbing activities started? Date? r - r 6/10/11 Latitude:36.2266 Longitude:-76.4212 Please return comments to (at DEMLR CO): Ashley Rodgers Comments due by: 2/22/13 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 to expand looks good, but need to verify with Ken Elliott that no area within the, expansion are wetlands. (email request sent) I have no other problems with the permit modification request. Watershed/Stream Name & Classification: Pasquotank River Basin 1 Mill Creek I Class C: Sw (30-6-5-0) 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 RIMS? Yes NCG020786 YES NO �.e-�Z&�� 1 ..S,r-.. 1 �% s`'4r�4"2t F 51-i~. 4.I NPDES permit required? h R ' i.} ; �T��? rui 1]"a:i-•, 1 ! lro., r,� r.,r 1..�"" i,�., j ¢ KR I� tlrfxT is itil.3 �R(i 3tf{li Y �SY �i s C� Y .; r�.p �,. f, NPDES permit existing? r (Permit #NCG020786) �` t If an NPDES�permits required=iskDWQ 1 'K ;-.. griot still concerned about wetland degradation Yru-• �C r 1, .i -., r� i�' i �,: b•, REPr a° by dewatering2.,� j;_� �.�; j' k e ,, .� . .R ,z Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if ri RO Contact Name: r Just waiting on email reply from consultant Ken Elliott mine has already begun digging or is Contact Reason: dewatering without DWQ permit) ;F `4 401;Wetl6ild Certrequired?; �r r r 5 no'wetlan'ds`exist T i �, �a.i, i = r i { , <:,_ r :. rwitti�n m�ne'area. . 401 Wetland Cert. existing? r Permit# r ,Add.lnfo. requested to determine Rav Ranlamhar gnin Pnnt this form to PDF Retum PDF of this form to DEMLR CO by email. cc DEMLR RO, DWQ SPU. Send a copy to the permitte, •H' •'k Rav Ranfamher gnio 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. YES NO 'Are wetland hi ' s`disturl]ed'at't s si#e?' ` '��Waltlnq Verl#ication frof]1 - 'Ken Elliott.' . :• Does DWQ RO suspect or know of nearby r Outside r wetlands to the site? , of mine perimeter r is a=wetland'c elineation required prior to; • r (Consultant ' .. •' ' ,,DWQ issuing the, permit? f :€ r Onsite?, jl_r}_� ffs ', wr Stream Determination Needed? r r l }^f « y« i f qr u.�k.1 StreamDetermination Completed?', F �'f- r•il,t.. e � I.J ry t 1 -.�GiA'♦ ryirx •i r 4 ' Ffi,,� Does DWQ RO need a statement that no wetlands/streams are disturbed R for this project from applicant? :Buffer Determination.Needed? ` r •i Y-.-! ,�rA .r� �_' • I, t_' ) r � • p, ,"�'Y I 1 . } Y- I Buffer Determination Completed? r WE ,Recycle system permit existing?* _ r , Permits# r New Recycle System permit required?* r W, Enough information to determine? Non -discharge permit exist*rig?4� _` �, r Permit #' `• ; ' .;; �,. r�r Does this applicant need to contact the regional of Central DWQ Office to r determine if a State Stormwater Permit is needed? r , Unknown. Will wastewaters discharge to HQW waters r r , 7Q10 Permittee must with a 7Q10=0? ** Flow: determine. �..✓yl ,i�'w, ' 4 ,},;p y'R ''SS�3A YR�4 `s`•i..: —� asy Vi, 'I' ionf ' i J; �. «.:Y Q&MrRequire`ments 1''tb� d ,'' .r'}�. •1 —i i ` :. I' f' ypy' � 3 :� x• �" ' -r ,• r e .y HQW/7Q10 Concerns'a IJ , Pay back fees'br renew Does DWQ'•require DEIIALR to,;hold pWQ permit • F, ' F. permit (e.g. so' DWQ can review it'furtheror ' r I 'other :'' • `_ ` r ' ' because_DWQ •re -requires morelliformation ?". q 1 Please 'descnbethe reason to old the permit: , . ;,: •. • ,` ,: `, •< r IHold'Uritil: Keri•Elliatt .Y ` Y, �.� •' . ' re Iies,to.wetland del.. re oast{ Mine must wait to dewater until an O&M plan is r approved? , O&M already approved *The NPDES SW and WW permit NCG020000 covers closed -loop recycle systems, designed to exclude all stormwater run-off from the system and operate at or below two -feet of freeboard. These systems may permitted by a Non -discharge Recycle System Ray Santpmhar ?nl n 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. Permit from the Aquifer Protection Section (APS). OR may instead be permitted underNCG020000 to eliminate an additional peri►lt.�' Recycle systems that do not meet those criteria are considered discharging systems, and are subject to the NCG020000 discharge permit. "To obtain 7Q10 flows, permittees must contact the DWQ StormwaterPermitting 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 now. 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 what 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 by: DWQ RO Surface Water: Scott Vinson Regional Office: Washington Date: 7/25/2013 RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable): RPU SPnfi-mhAr �)()1A RECEIVED jU L 12 2013 T- DwQ Fro w, , 6. No O-W L q5 -7 %/., // 3 13 G -7 /-2 DWQ-WARO 9z z1 NORTH CAROLINA ra M'"� MINING PERMIT APPLICATION P' f�fc 6 ")") ? 56 RECEIVED JUL 0 3 2013 State of North Carolina LAND QUALITY SECTION Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources Land Quality Section sL� U �r,Lt}Y Crti�FF`GF- S LAS1D ��GIp��ALO 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 Revised: February 24, 2012 EL1.1OTT C ONSULTINCa U .June 30, 2013 JUL 1 1 2013 To Whom It Nla�- Concern: LAND OUALITY SECTION tihrgSs-,}n r,,YON_gr7GIONA.L OFFICE This permit application is for a modification of existing permit #72fl==i7-acre sand— nine excavation constructed by .dart}' R. Hurdle, on his property° at 355 Swing Gate Road, Hertford, NC 27944, in Perquinians Count��. The perinit area is located on a high, sand' 25 - acre parcel and, upon establishment of proposed erosion & sediment control measores, will not present any ptoblerns regarding runoff to adjacent areas. The purpose of the cxcavation is to serve as a source of sand for resale, to provide a source of water for Nfr. Hurdle's commercial crayfish operation, and to establish a pond for recreational use. The current 4.77 acre excavation is divided into 2 parts.. the northern pond (fond A, 1.55 acres) has been excavated and side slopes have been reclaimed with ground cover on 3 sides. F%ca\,ation of the southern pond (fond li, 3.22 acres) has started and is approximately 50°10 complete.. The. 2 ponds are separated by a 30ft .hide causeway, and when both ponds arc finished the causeway wM be removed, making one large 4.77 acre pond. Pond A was originally permitted to he dewatered during construction. Upon completion, dewaterAng has ceased from Pond A, srnd Pond A serves now as a scditilent pond for de iarerinl; fond B. During de�varerit)g, Pond A overflows through a per.mirted point source discharge at its northern encl. This discharge point releases clear water to an a7c lacent wetland forest draining to Mill Creek and Perquirnans River. Dewatering of Pond 13 allows for full depth excavation and proper reclamation of the edges of fond B. It is the intention of Mr. Hurdle to only dewater the excavations as needed, and does not entail full-time dewatcring. Pond A is currently being used as a source of water for 2 crawfish ponds located east of the excavation. These ponds were originally permitted to be used as sediment ponds for the dcwatering of Pond A. That is no longer the case, and this modification is requesting release of that portion of the original permit area to be removed. After excavation of fond 13 is complete, the operator will excavate and remove the causew,IN. separating fond A and Pond I3. When finished, this will lac a single pond with an average 20ft depth and maxiniu.m 25ft depth, ;end a niaximurn acrea}�e of 4.77 acres This permit modification itivolves the addition of excavation area located on the south side (if Ponds A & I3. Nlr. Hurdle originally pLwncd an expansion of 0.63 acres of excavation in January 2013 and acquired a permit modification for such. This plan has now changed to an expansion 4xcayation totaling t�07 acres, bringing the total acreage of Alartr Hurdle Me San' into 6.84 A mine map showing the cxttiting, peri)71tCCC arC a, an C11C prC:)pc)sed expansion, is c o ec with this application. There is wetland forest surrounding a blue -line creek on the east, west and north side of the current excavation, located 75 — 120 feet from the excavation edge. The operator has estabhsbcd a 50ft undisturbed buffer (no disturbance of any Lind) adjacent to the east, west 30, 2013 and north perimeter of the permit. area. This buffer is being; tnaittt.uncd by the operator as pasture with grass and pine tree ground covcr. In addition there is a 25ft unexcavat.ed buffer (mat' 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, dic operator will build and establish a 250ft x 15ft x 3ft deep closed -end swale on the west side of the excavation, betas>cen it and the wetland. "Phis swalc provides maintenance of groundwater levels in areas adjacent to the existing; -wetlands, The operator has also established a continuous silt fence along the outside edge of the unezcavated buEfea' on the east and Nvest sides of the ecavatinti, witch arc the lowest portions of the area. This will prevent any erosion from leaving the excavation nrci and damaging; wetlands on the outside of the undisturbed area during p::occssing,. AU erosion and secdimctitation will remain inside of the pernsit area. The excavation area is located geographically 500 feet: front the nearest duelling (operator's residence) and 450 feet from the nearest public highway in a lightly populated area, and is accessible only by a privare, gated access road. Distance from highways and dwellings along; with wooded areas and fields on all sides of the excavation area provide adcquate scrcett.iflg; of the mining; operation, and the site is barer' visible from the closest Iiigh-Tay. Upon receipt of the approved permits from NCDd NR Land Quality and \lIatct Quahty-, Mr. Hurdle plans to excavate the mine to .in average depth of 20 feet below natural ground level, and will include: construction of proper cut slopes on all sides of the excaN,ntcd area, .is required in the permit. Reclamation of the mine area will include grading, leveling;, and grassing; of all affected areas. AIr. Hurdle plans to seed all sloped areas with g l-OUnd cover to provide good erosion control. All adjacent landowners have been contacted and have been made aware of this mining; operation and moc€ification of the permit. The Perquinians County 1\,Tanagcr has been contacted regarding this modification application and land entry agreements have been obtained. J'he mine area has been well marked with warning, and keep out signs to prevent inadvertent public access. lr. Hurdle does hereby request approval for this perniit modification, and asks that it be expedited as soon as possible. Nir. Hurdle appreciates your consideration of this permit application and looks forward working with NC:IDENR in conning, years. Sincerely, 1 4� Kcri Llhott for iNfarn, R. Hurdle NIONF: 252-339.9021 • EMAU: KI"N'(@KFNOBX.COM APPLICATION FOR A MINING PERMIT 2 4 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 River Basin Pasquotank Latitude (decimal degrees to four places) 36.2266N Longitude (decimal degrees to four places) 76.4212 W Name of Applicant* Marty R. Hurdle J1lL 1 2013 LA,I1,) QUAl.l1"Y SECTION rquimans=, T o;� Permanent address for receipt of official mail** 355 Swing Gate _Road Hertford, NC 27944 Telephone (_252_)_ 426-9155 Alternate No. ( 252 ) 337-4557 _ Mine Office Address Same Mine Manager Marty R. Hurdle Telephone We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature �o /�A�Z/Date _June 13, 2013 ^ Print Name Mgjjy R. Hurdle Title Owner / Operator * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. * * The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -2- APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ® If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: 72-22 Total permitted acreage: 10.479 AC 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): 0.13 AC 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: 1.27 acres . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes ® No ❑ (If no, a "minor modification" fee of $ I00.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): 1.21 acres ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTIONS) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand & topsoil 3. Mining method: R Hydraulic Dredge ® Front-end Loader & Truck ❑ Shovel & Truck Dragline & Truck Sell -loading Scraper Other (explain): Excavator 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 feet - 3 - APPLICATION FOR A MINING PERMIT 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? Marty Hurdle. since 2010. 6. Number of years for which the permit is requested (10 years maximum). 7 years remaining on permit B. MAPS Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing_ Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5`h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 httt)://nortal.nedenr.oru/web/Ir/2eoloaical home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 http://www.ncdot.org/it/gis/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. -4- APPLICATION FOR A MINING PERMIT p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: l . Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED 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) A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings / Sediment Ponds 0.00 acres Stockpiles 0.30 acres Processing Area / Haul Roads 1 Unexcavated Buffer / Access Road 2.28 acres Mine Excavation 5.29 acres Total Disturbed Acreage 7.87 acres Total Undisturbed Buffer Acreage 2.05 acres Total Affected but not Disturbed Acreage 1.95 acres Total Permit Acreage 11.87 acres NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FOW. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. - 5 - APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. 1. 2011 Permit: Acquire proper permits from NC Department of Environment and Natural Resources. 2. Jan. 2013 Mod: Permit boundaries set for addition of 1.98 acres of land to southeast of original permit area. Jun. 2013 Mod: Permit boundaries set for addition of 1.27 acres of land south of original permit area. 3. 2011 Permit: Site laid out with 50ft undisturbed buffer on north, northeast & west side of permit area adjacent to wetlands, and 25ft unexcavated buffer around entire excavation area. Jan. 2013 Mod: 50ft wide undisturbed buffer extended to southeast corner of new permit area, along with 25ft wide unexcavated buffer around new area laid out. Jun. 2013 Mod: 50ft wide undisturbed buffer extended 50 feet further to southeast corner ofnewpermit area, along with 25ft wide unexcavated buffer around new area laid out. 4. 2011 Permit: Operator installs silt fence around north, northeast and west perimeter of unexcavated buffer between unexcavated and undisturbed buffer. Silt fence will also be installed along perimeter of northeast access road where it crosses wetland forest. Jan. 2013 Mod: silt fence extended to southeast comer of new permit area, between undisturbed buffer and unexcavated buffer. Silt fence removed from perimeter northeast access road crossing wetland, which is being taken out of permit area. Jun. 2013 Mod: silt fence extended 50 feet further to southeast comer of new permit area 5. Operator will dig excavation in 4 phases (see attached phase diagrams): i. 2011 Permit: Operator will excavate Pond A (1.55 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 for further adjacent excavation & dewatering in Pond B. Jan. 2013 Mod: Excavation & slope reclamation complete in Pond A, no further dewatering into existing Pond C (crawfish pond), majority of Pond A released from reclamation bond. Jan. 2013 Mod: No change. ii. 2011 Permit: 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. Jan. 2013 Mod: Operator will not dewater Pond A into Ponds C or D (crawfish); operator will only dewater into pond A & overflow from point source discharge on north end of Pond A as previously permitted. Jun. 2013 Mod: No change. iii. 2011 Permit: After excavation of Pond B, operator will then excavate & remove causeway between Pond A & Pond B, leaving one larger pond (3.560 acres) with peninsula on northeast side. Jan. 2013 Mod: Operator elected to remove peninsula & leave one large pond (4.77 acres). Jun. 2013 Mod: No change. iv. 2011 Permit: At his discretion, operator will excavate & remove all or part of remaining peninsula on northeast side of pond to increase total excavation area. Operator will decide how much to remove depending on needs & wishes at that time. Entire peninsula will be permitted to be removed if desired. Jan. 2013 Mod: Operator elected to remove peninsula & leave one large pond (4.77 acres). Jun. 2013 Mod: No change v. Jan. 2013 Mod: Operator will excavate new separate 0.63 acre sand pit (Pond E) 35 feet southeast of main excavation. Jun. 2013 Mod: Pond E located 35 feet southeast of Pond B now designated as Pond C. Pond C enlarged from 0.63 acres to maximum 2.07 acres in this modification. 6. 2011 Permit: 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 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. Jan. 2013 Mod: -6- APPLICATION FOR A MINING PERMIT Operator will be discharging to waters of the State from Pond A only. Pond A will also supply crawfish ponds C & D with fresh water per need but with no discharge to waters of State. Jun. 2013 Mod: No change. 7. 2011 Permit: Each excavation area will in turn first have topsoil removed down to 2.5 feet below natural ground level and stockpiled, and then sand will be dug from excavation area by excavator down to average 10 feet below existing natural ground level, and stockpiled for later removal from premises. Jan. 2013 Mod: No change. Jun. 2013 Mod: No change. 8. 2011 Permit: To complete full depth excavation and slope construction of the pond edges, each proposed excavation will have to be dewatered. Jan. 2013 Mod: No change. Jun. 2013 Mod: No change. 9. 2011 Permit: Pond A: operator will establish a dewatering pump on the northeast corner of the excavation, and will run bin (expanding to Bin) 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 from a point source discharge located on the north end of that pond, which will overflow into an adjacent wetland forest, leading to Mill Creek & Perquimans River. Pond C will also serve as a water source for existing Crayfish Pond D, currently permitted by NC Dept. of Agriculture. Depending on need, part of water from Pond 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 north end of that pond, into adjacent wetland forest. Jan. 2013 Mod: Old Pond C will be used for crawfish production only, not as sediment pond for mine dewatering from Pond A. Pond A will serve as water source for crawfish pond. Jun. 2013 Mod: No change. 10. 2011 Permit: 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 & Perquimans River. Alternatively, upon need, Pond A will be dewatered into Pond C (and Pond D) as described above. Jan. 2013 Mod: No change except no mine dewatering into old Pond C. Overflow from Pond A will be through previously permitted discharge on north edge of Pond A. Jun. 2013 Mod: No change. 11. 2011 Permit: To dewater the Pond A excavation, water will be pumped slowly into Pond C. Pump will run 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 2 ponds. Water will be held in both ponds as needed for crayfish production; excess water will overflow. Jan. 2013 Mod: No dewatering into old Ponds C or D; Pond A will serve as water source for crawfish ponds with no overflow from them. Jun. 2013 Mod: No change. 12. 2011 Permit: Overflow water will flow northward through an existing culvert from Pond C or Pond D 25ft to an existing 50ft 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 flows west and south 1.7 miles where it joins Perquimans River. The excavation will be dewatered as needed by the owner during the permit period in order to achieve full depth excavation. Jan. 2013 Mod: No dewatering into old Ponds C or D; Pond A will serve as water source for crawfish ponds with no overflow from them. Jun. 2013 Mod: No change. 13. 2011 Permit: Side slopes of Pond B will be reclaimed during dewatering. Jan. 2013 Mod: No change. Jun. 2013 Mod: No change. 14. 2011 Permit: 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). Jan. 2013 Mod: Operator elected to remove peninsula & leave one large pond (4.77 acres). Jun. 2013 Mod: No change. 15. 2011 Permit: Additional sand from the remaining peninsula will be excavated as per operator requirements, and remaining side slopes will be reclaimed. Jan. 2013 Mod: Operator elected to remove peninsula & leave one large pond (4.77 acres). Jun. 2013 Mod: No change. -7- APPLICATION FOR A MINING PERMIT 16. Jan. 2013 Mod: Operator will excavate new separate 0.63 acre sand pit (Pond E) 35 feet southeast of main excavation, leaving sand causeway between main pond and Pond E. Jun. 2013 Mod: Pond E now designated Pond C. Pond C enlarged to 2.07 acres in this permit modification. 17. 2011 Permit: Minimum 2:1 graded slopes established around edges of pond area below groundwater level. Jan. 2013 Mod: No change. Jun. 2013 Mod: No change. 18. 2011 Permit. Minimum 3:1 graded slopes established around edges of pond area above groundwater level. Jan. 2013 Mod: No change. Jun. 2013 Mod: No change. 19. 2011 Permit: After excavation and edge sloping is completed, a low 1 ft x 8ft berm will be established around the entire perimeter of the excavated pond, with outside slope graded down to natural ground level. Jan. 2013 Mod: No change. Jun. 2013 Mod: No change. 20. 2011 Permit: 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. Jan. 2013 Mod: No change. Jun. 2013 Mod: No change. 21. 2011 Permit: Internal haul roads and processing areas of main permit area will be leveled and graded to natural ground level, to be returned to natural field state. A 1Oft wide field path will remain around the entire perimeter of the excavated pond for owner access. Jan. 2013 Mod: No change. Jun. 2013 Mod: No change. 22. 2011 Permit: Access roads & field paths to Swing Gate Road will be graded, leveled, and returned to pre-existing state. Jan. 2013 Mod: No change. Jun. 2013 Mod: No change. 23. 2011 Permit: 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. Jan. 2013 Mod: No change. Jun. 2013 Mod: No change. 24. 2011 Permit: All silt fence erosion controls will be removed. Jan. 2013 Mod: No change. Jun. 2013 Mod: No change. 25. 2011 Permit: At end of permit period, affected area returns to pre-existing, natural state. Jan. 2013 Mod: No change. Jun. 2013 Mod: No change. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Continuous silt fence erosion control will be established on north, northeast, and west side of 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 Eft wide x 2ft tall temporary sand berm along unfenced perimeter of unexcavated buffer to prevent offsite erosion along south and east side of excavation area. Berm will be grassed and stabilized, and will be inspected weekly and repaired as needed. Operator will construct 300ft long x 15ft wide x 2.5ft deep temporary closed -end swale along eastern 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. This excavation will have 6ft wide x 2ft tall temporary sand berm on its eastern edge. Jun. 2013 Mod: swale will be constructed only if Pond C is dewatered. Operator will construct 260ft long x 15ft wide x 2.5ft deep temporary closed -end 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. This excavation will have 6ft wide x 2ft tall temporary sand berm on its western edge. -8- APPLICATION FOR A MINING PERMIT 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ❑ No®. If yes, briefly describe all such processes including any chemicals to be used. Not applicable. b. Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? Yes ® No ❑. Ifyes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). 2011 permit allowed 3 discharge points from Ponds A, C & D for overflow from dewatering. This 2013 modification eliminates overflow discharge points from Ponds C & D, overflow will occur from Pond A as previously permitted. This previously permitted overflow discharge point is established on the north end of Pond A which will overflow into an adjacent wetland forest, leading to Mill Creek & Perquimans River. c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ® No ❑. If yes, do you intend to dewater the excavation(s)? Yes ® No ❑. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day. 24,000_ gal/day . Locate all existing wells on the mine rnap(s) that lie within 500 feet ofthe proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. No residential wells located within 500 feet of excavation area, local area served by public water system. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. NCDENR DWQ Certificate of Coverage No. NCG020786 attached. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No X. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. 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 & 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 Omph maximum. 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. -9- APPLICATION FOR A MINING PERMIT How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A minimum 25ft wide unexcavated buffer will be maintained around the entire excavation. This buffer will contain erosion & sediment control fences & devices, erosion control berms, roadways, processing areas, and stockpiles. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A 50ft undisturbed buffer will be established on the north, northeast, east, northwest, and west side of the excavation area. This undisturbed buffer will located along the permit boundary between wetland forest and 25ft wide unexcavated buffer b. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. 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 of 3 horizontal to 1 vertical gradient b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. Fill slope cross-section of temporary erosion control berms attached to reclamation and mine maps and will have minimum 3:1 side slope gradient. Final reclamation fill slope will be established at edge of cut during reclamation of mine, and will have 4:1 side slope gradient. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections for all cut slopes must be provided on the mine map(s). Cut slope at excavation edge will have 3:1 slope gradient from natural ground level to water table level, and cut slope from water table level to bottom of excavated area will have 2:1 slope gradient. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. Not applicable. - to- APPLICATION FOR A MINING PERMIT 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. Not applicable. Closest dwelling (owner's residence) is 500 feet from excavation; closest road is 450 feet from excavation. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). 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 feet from nearest public road (Swing Gate Road) and is only accessible from gated access road and private secondary access running adjacent to operator's residence. 9. Are acid producing minerals or soils present? Yes ❑ No N. If yes, 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. Show the location of all visual screening on the mine maps) and provide cross - sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Existing natural growth of pine trees, fields and wetland forest around perimeter of permit area will screen operation from public view. No additional screening planned. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? 1f so, how will such effects (i.e., noise, visibility, etc.) be mitigated? Mine permit area located on private -owned farmland. No public parks, forests, or recreation areas located nearby. 11. 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 air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structures) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. Not applicable 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No ®. Ifyes, describe these materials, how they will be stored and method ofcontainmeni in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). Not applicable. No fuel, solvents or chemicals stored inside permit area. APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of allpermanent channels must be indicated on the reclamation map. I . Excavated bodies 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, affected 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 low berm located at the edge of the pit 1 ft high and will extend 8 feet wide away from the pit (see attached cross- section). 3. Rehydration control swales will be filled, leveled, fertilized & seeded, along with rest of processing areas. 4. Erosion control silt fence will be removed, land graded & leveled after removal 5. Access road to excavation area will be graded, and returned to original condition used as farm field access path. 6. Graded land and all affected 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 ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ® No ❑. If yes, specify species. Perch, crappie & 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 left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. Not applicable. No excavation in rock. 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. No mine site waste areas will exist; topsoil and sand stockpiles only. -12- APPLICATION FOR A MINING PERMIT 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 mine 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 fertilized and seeded with grass by mine operator at end of mining 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 ground cover by the owner. A 1 Oft wide field path 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 Z. Ifyes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. Pre-existing access roads (925ft & 768ft single -lane driveways & farm paths) from Swing Gate Road to main mine site area and owner's residence will be returned to pre-existing standard during reclamation. (2013 Mod: 768ft bonded access road to operator's residence taken out of permit in this modification = not being used for mine activity). 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 l 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 1971.) No off -site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. Any and all scrap metal, junk, cables or other such non -original waste materials will be removed from mine premises by mine operator and disposed of properly at Perquimans County Landfill, Hobbsville, 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. - 13 - APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation.- h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): 0.5 ton / acre upon soil test FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 10:10:10 fertilizer, 430 lbs 1 acre, Spring, Summer & Fall SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Tvyes: Kentucky Fescue Rye Grass Bermuda Grass Seeding Dates: April November May Seeding Rates: 250 lbs / acre 150 lbs 1 acre 85 lbs. / acre MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: Not applicable. OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Not applicable. Revegetation and/or reforestation plan approved by: Signature ***ON FILE*** Date. Print Name Title Agency -14- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND.BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the miningpermit. Please insert the approximate acreage, for each aspect ofthe mining overation. that you intend to affect during the life ofthis mining hermit (in addition, please insert the anoronriate reclamation cost/acre for each cateeory from the Schedule of Reclamation Costs AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COSTIACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: 0.30 Ac. X $ 1800 IAc. _ $ 540 Wastepiles: Ac. X $ /Ac. — $ Processing/Roads/Unexc. Buffers: 2.28 Ac. X $ 1800 /Ac, _ $ 4104 Mine Excavation: 5.29 Ac. X $ 500 /Ac. _ $ 2645 Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 7.87 Ac. (TOTAL PERMITTED AC.: 11.87 Ac.) Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 7.87 Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ 7289 [nflation Factor: 0.02 X SUBTOTAL COST: $ 145,78 X Permit Life (Ito 10 years): 7 INFLATION COST: $ 1020.46 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 8309.46 Total Reclamation Bond Cost: $ 8300 (round down to the nearest $100.00) - 15 - APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. NOTES: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" - E6- (TYPICAL) NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that Marty R. Hurdle has applied on June 2013 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface mining permit, ® a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine sand & topsoil on 11.87 acres located 3.5 miles (Mineral, Ore) (Number) (Miles) northeast of Hertford off/near road 355 Swinp, Gate Road (Direction) (Nearest Town) (Number/Name) in Perquimans County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER 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, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the nronosed minine activity. nlease contact the applicant at the following telephone number: 252-426-9155 . For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the De artment will consider any relevant written comments/documentation within the nrovisions of the Mining Act of 1971 throughout the application Frank Heath, Perquimans County Manager PO Box 45, 128 N. Church St., Hertford, NC 27944 (Addressee/Owner of Record's Name and Address) June 25 2013 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) _ Marty R. Hurdle (Name of Applicant: Include Contact Person & Company Name, if Applicable) 355 Swing Gate Road, Hertford, NC 27944_ (Address of Applicant) -17- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, Kenneth 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, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) onnie J. Hurdle Alan W. & Mary M. Proctor James R. & Darlene H. Bain Elmwood Farms, Inc. (Address) 347 River Front Road, Hertford, NC 27944 3.06 SwiUGate Road, Hertfor_d, NC 27944__ 314 Swing Gate Road, Hertford, NC 27944 598 Ocean Highway North, Hertford, NC 27944 (Attach additional list if necessary) 1 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.] Frank Heath, Perquimans County Manager (Address) PO Box 45, 128 N. Church St., Hertford,. NC 27944 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) 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 cased to be mailed and to provide them to the Department upon request. ,OSEPH11"It June 26. 2013 *gna&re of Applicant or Agent Date no + If person executing Affidavit is an agent or employee of an applicant, provide the following i9mat ti Name of applicant: M R. Hurdle O,F G Title of person executing Affidavit Agent for Marty R. Hurdle�%�C4UyNT ���g 1, Ise a Notary Public of the County- of State of North Carolina, do hereby certify that appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my and and notarial seal, this ""may of Notary: my Commission expires: I -26- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, Kenneth 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, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) Tamra Dawn Koltuniak Daryl E. & Ella Mae Hurdle Marc E. Harcher (Address) 323 Swing Gate Road, Hertford, NC 27944 393 Swing Gate Road, Hertford, NC 27944 322 Swing Gate Road, Hertford, NC 27944 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) [i.e.: City Manager, County Manager, Mayor, etc.] Frank Heath, Perquimans County Manager (Address) PO Box 45, 128 N. Church St., Hertford, NC 27944 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bi) 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. I. ���'o !E WAS * .lure 26. 2013 : a� Signature �LApplicantor'Agent Date �O�'�' _ If person executing Affidavit is an agent or employee of an applicant, provide the followin ation: cc) Name of applicant: M R. Hurdle RRITUC����`. Title of person executing Affidavit Agent for Marty R. Hurdle _ I, a Notary Public of the County of _ u State of North Carolina, do hereby certify tl appeared before me this day and under oath was made by him/her. Witness my and and notarial seal, this day of 20� Not my Commission expires: -27- _ 7011 0470 0000 7459 ?178 ■. Complete Rems:1 2 and'3. Also complete A Slgnatura $ _ „ v FE.; . Aq Item 4 if Restricted DeliveryIs desired•• , , � Agent' -� _ tr Print your name`and idCfress on the re, vBrsB'° X #'J.`c � C: x_ ❑ Addressee ; „ so that we Geri return he card to you, r i B. `Received by (Phn'tod Na{(tc} :'-(� C. Date of Claiivery e v a Attach this cant to the back of the piece, 1 1! 4lr or on the fmntlf space permits. t7 !� dalluery:addres9 d fterertffrom item 1? ❑ Yes e 1. Article Addressed to:,'? T uury a - O If YES, enterdeliveryaddress below: 0'No X 3 9 'r Frank Heat ' `� R _ # to 3 i } � ` _ cases Perquimans County "nag5,IQ o In PG Box 45 128 N. ChuS _ r . , 3. Servi�aType •• Z w Hertford, NC 27944"`-;'` o Certified nail © Express Mali � n � � 1 - ❑ 'Ro*emd C] Return Receipt for Merchandise 3 4= r� ❑ Insured Mail ❑ C.O.D..: Z r ■ Restricted Delivery?Xxtra Fee) © Yes- =r 2: Article Number 7 011 0470 0000 7459 7178 (ftar?srer horn `servrce tabs!} r °—•-_,-;�.-a.... _... - - — - — -s ' PS Farm 3811; February 2004 t>amestiC Return Rocolpt w ', 102595•p2-M•a5.tp 9 i r < u 7011 0470 0000 7459 9974 I Igo * Complete Items 1, 2' and 3..AIso complete A' Sigtmti,re Item 4 If Restricted Delivery is desired. ©:Agent 3 Q Print your name and address on the reverse x: :E ©'Addressee° t mRIM so that we Can return the card to you , g.. Received tt (Prr Name) C, Date of 0el''very ,! D g� a.Attach this card to the back of the maltpisce, , n s u or on the front if space permrt8PrIWW = E m -11 i]. is delivery n3ss difiaront ham Item 17 ❑ Yes ' 1: Article Addressed to: �fU:' • � N It YES, enter dellvary address WOW-. ❑ No g 20 Alan W. &Mary M. rott�r ; 30 Swing Gate'R ad { (1 # at saiw� Type Hertford, N C 2 794.- ❑ Certitled Mail ❑Express Matt 1 Z m 1 ❑ Registered ❑ ReturrfRocelpt for Merchandise C V D -f o; w , ©; Insured Mall ❑ C O.©. pi 0U� Asa 4. Restrictsd D&QiVt,i k3e}. © Yes a n 2. Article Number, (Translor r orr,'sen!!ca �eberj 7 011 0470 0000 7459 9974 � ZZ PS Form 3811 February 2004 Domestic Rctum Receipt' 102595-02M 1s4o 7011 0470 000D 7459 9998 IFN Y . . •' $ m01 ■ Complete items 1. 2 and 3. Also complete A Signal fir. • IV item 4 if Restricted Delivery is desired �[ Agent 8'_— t M Print your. Hama and address on:ttie reverse' . l� "L► t Addressee sp that �we:can return the card to you. , g, R mived by ( Printed Name) -- : • C Date of bellvery •■ Attach this card to the back of the mailplece, or an the front if space permits: W� 8 D. 15 deWvs add t from Item 17 ` ❑ Yes = N • 1. ArticleAddressed,t0' ✓ �s �1 F} If YES,' er delivery ad t. elow: " ❑ Nb {M W Tamra Dawn Koltuniak 323 Swing Gate Road =� _ 0 3. SerylceType f ' Hertford, NC 27944 � ;' © Certified a�i°itt ;1ipi�'ssMal. a 0 Registered Return Receipt for Merchandise 1p O ❑ Im Trod Mall .. ❑ C.O.D M r _ p � Lt � n 4 .Restricted Delivery? {Frtra Fee) ❑ Yos ' C- r� IV 2.-Art1cla Number t 7011 0470 _0000;-7459 9998 PS'Forrrr 3811 February 2004 Domestlo Raturri Receipt''. `° 102565nz _ _ 4,,.... -?1111 U4`rl1 Uuuu e4t l 11di .,SM ■ Complete items 1, 2, and 3. Also complete a Signature - r. ,,. $r k a Item 4 if Restricted Delivery is desired. l 7 Agent '- rrt Print your name_and address an the'reve'rse CT1 Addressees a ® .. • so that we can return the card to you. Received b P.rinted } ` Y Name) t:. Da a ofED vary , ® Attach this Card to the back of the rinailpiece, �, ; n a t G or on the front if space permits. 7 `_ uj 3 D:' Is delhrery address difterertt frorrr item 1( Cl Y a* ;, I...ti ff, 1. Article Addressed to: u If YES, enter delivery,add ress below ©Nod ! L A xeaw James R. &Darlene H. Bain r' tj L © c 314 Swing Gate Road ! I ! Hertford, NC 27944 ❑ Certified Mail ❑ Ea press Mall fD Ci Registered ' ❑;Return Receipt.for Morchandlse Z) Ci insured Mail © C.O.D. N 0 �5 4., Restricted Delivery? (Extra Fee)a C3 Yes ;r 0- T] ( , m z 2. Article Number . 11011, 0470 1000 7459 9981� it _� M ,�� (1'rsrrsfer from servlce`labe!) _ ; � � 1 � `s Form 381,1, February 2004 Domestic Return Receipt v to259'S 02 M tsao � I 7011 0470 0000 7460 0014 r • ., r • . r �i � v8 p ■complete, _ m Complete Items 1, 2, and 3; Also �....,.� Item 'lf Restricted delivery is desired: °j i ' ❑ Agent 3 r a. Print your name and address on the reverso. rY ti Addressee, a m so that We een return the card to you Reaaiv by f Prtrare C, Date of.Dellvery,,, In is Attach this Card io the back of the mailplece; tD „ „ e or on the froth ff space permits_ ;_ 00 rM $ D. lad Ive dd diffe�cnt imtn i e` i 7 1. Article Addressed to!M' "! (ID© r} If YES,'enter delivery. address bell No CU 36 Elmwood Farms, Inc. TI 598 Ocean Highway North, 4' s. service Type,t1` Hertford, N C 27944 i o cettlld Mall o tall�r.� C' t` ❑ Rep€stared , ` .0 Rotum Receipt for Mercharxiise � � � � ❑ Insured Mail'" ©C,O.D:. t� p 9 r n U) . 4: iiestilGtod f)eiNery? (Extra Fe©J' '' ❑ Yes, 2. Article Number 7 011 0470 0000 7460 0 014 (rmnsfer fnirn service label) r �, PS Form 3811, February 2004 Domestic Return Receipt j r tozs9s-02 tsao W ' 7011 0470 OfiO 7460 0021 ■ Compiete Items 1, 2, and 3. Also complete . 7U- x.Item 4€fRestrici6dlD®1€veryisdesired. rj ❑°Agent rv�.. i ■ print your name and address an the reverse t✓G ❑ Addresseel. l x a + so that we:can return the card,to you: B 11110ved by (Printed Name) .Data 0-la- "ivoryi MI Attach this "card to the back of the mailplace; 'or on the.front It space permits.. { ��3 (A 1. • ,m . D Is delivery ddidresa diffa t frorn ffanr'( Cl1: Article'Addressed to If YES, enter delivery ad beloww Ck No rU 4 , rD �. Sonnie J. Hurdle -' �.. 347 River Front Road -7) o cn ~� • 0 = Hertford, NC 27944 3. Samw Type ,j a 0 r6nMIDd Mail O ExpresaMall , ❑ Rr gistere.d ❑ Return.Recelpt tvr Merchandise pQr + C] Insured Mall, E3 c.o.D �- �A 4.' Restricted beltvoro,, p4ra Fee) ❑ Ya5 ' �b 2: Article Number 70]�1 0470 OOOO 7460 0001 (Fmnster hvrrt sorvlaa rabe� I - 1 i '.PS.Form 38;1,1,Tebruary,2004 Domestio Return Rece 7011 0470 0000 7460 0007 � � • i . � � i I ^W 71nm t o.Complete itemst 2 afrdl', socomplt3teitem 4 if Restricted Delivery -is desired: / Agent.0 Pr€nt your name and address on the reverse-Addresseeso that:we ca teturn.the card 4o you �rintea N rile) . '. a, oate of C} lave • `� Barton th8iront f{sZJace permksthe mallplece, t� ��/ ' J tt ; ` e �J �5ix� m p !s del ive �r}ress dltfere ti item.7 Q w 1 t: Articlekddrrssadto�S' i kf YE k grater delivery udtlress b low: ins M i. Daryl E.-& Ella Mae Hurdle - } i 393 Swing Gate Road i 3: ServiooTypr3 Hertford, NC 27944 �.00ertlfledMall °o Mall. 'j ;n = C 4f iq Re®lstsred 0 RAtursl Racelpt for Merchandise a O "s C0 Ctl :w 0 Insured Mall i� C.0.0:' , CL C " - 3 4,° Restricted lJolivgrYt {EZtre Fsa1 © Yes 2. Article Number 3' 7011 4470 6000 7459 7' 16]� # 6� (ltanster from servlcn label} , a,Y 08 Form 3811; February 2004 []prrlvstcRetum R ipt ' TF io? s QaFrn tsaa i Gaston#,rr Sarv.ce USp3 Mnk+l. ._, .. uspscom, Scw c�i USf'3.rclal ar-rrku P¢ei,:xTt;; Quick TIms Trd.''. � m,r,mt Ship a pac!raoe St:1a Flail Manage Your 1,1610 Shop Busine^.5 Solutions Enter up to 10 Trucking A Find Pier! USPS .... . P,.j & Confirm Nrh kdto ie'Sf LA-ML UPaAILB -PW VETRiI.S . 1 YOUR LABEL NUMBER SERVICE KYATUS OF YOUR ITEM OATE4 TIME LOCATION FEA1URr.5 701 f047400007a55795t i lk>livara7 ' dune 20, 2373, NERTFORL, NC 27N4 Carbfi of Nod" I , _ NOTIw Le.'t ; ,Arse 26, 2013, 200 pm RERYEORO, NC 27964 l 7011 0470 0000 ?459 7161 n VUI al UTI3 1 In 28. 20'e 30 aol 3. ,_,. _.......�.,._.M-.-....,. - •�� � A ' , � e I, NERTFORL, NC 27g.1a DuWrt USPS Sari durw 78, Z013 ' ROCKY FAably ., MOUNT, NC 27B67 a C1 r ProcaSsod uv"h Jur%o 26- 2313. 1:17 am ROCKY LISps Sort FapLly WOUNT, NC 27801 � � Prurasaul7 Inruupn Juno 29, 2013, 9.59 pm ; RALEI{iH, NC 3To7Fi i5i m r . USp55on Faolay rD I 1,1 7 lL r'� .- Z: .tea_. l,... r..,. .a - +^ i _...<. _,,.�,-. . .,....»-..}._.--i• -.i-.. ,.;..,.»._. _.., !i^r Ui q7 1� � 1 � 1 � r fy tSr— m L 1 }. : , 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 malting necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56, We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: Signature: Print Name: Marty R. Hurdle (Title, if applicable) APPLICANT: Signature:* Print Name: Marty_ R. Hurdle Company NIA _ _ Title: Owner / Operator (If applicable) Address: 355 Swing Gate Road Hertford, NC 27944 Telephone: ( 252 )_426-9155 Date Signed: June 13, 2013 Company: NIA Mine Name: Marty Hurdle Sand Mine Telephone: ( 252 ) 426-9155 Date Signed: June 13, 2013 *Signature must be the same as the individual who signed Page 1 of this application. and reclamation maps, and the appropriate processing fee (see next page for fee schedule) in the forma check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Ouality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. -28- Sediment Fence (Sift Fence) Construction Details: Practice Standards and Specifications 6.62 Marty Hurdle Sand Mine Hertford, NC Perquimans County Wife !M to CrasYee. xara Fitw ST«t `rsr a 3,xkfiA T�Mh ¢usT i VO ca_'"6:! t )ntlrWi M s A temporary permeable barrier erected on small disturbed areas to capture sediment from sheet flow. It is made of filter fabric buried at the bottom, stretched and supported by steel posts. Planning: Silt fence will be installed along the perimeter of a 12ft wide access road when crossing wetland areas. Narrow width of fenced area will allow only shallow pools to form behind fence while promoting deposition of sediment and preventing sedimentation into adjacent wetlands. Ends of fence will be curled uphill in "J" pattern to prevent end flow. Stabilized outlets will be provided to protect the fence system and release storm flow that exceeds the design. Design considerations: Silt fence will be constructed of extra -strength synthetic filter fabric. Height of fence will not exceed 2 feet above natural ground level, and will be constructed from a continuous roll to minimize joints. All joints will be fastened at a support post with 4 feet minimum of overlap. Extra - strength filter fabric will be fastened to road side of steel posts (installed 2 feet deep) every 6 feet (every 8 feet if using standard strength filter fabric with wire mesh backing) and fastened with wire ties. Trench will be excavated along inside of fence approximately 4 inches wide by 8 inches deep, into which 12 inches of fabric will be placed along the bottom and side of the trench. Trench will be backfilled and compacted. Maintenance: Inspect sediment fence every week and after each rainfall. Make any required repairs immediately. Replace any collapsed, damaged, or decomposed fence promptly. Remove all fencing materials and unstable sediment deposits and bring the area to grade and stabilize it after the contributing drainage area has been properly stabilized. l Ken Elliott, consulting June 27, 2013 Discharge Outfall Outlet Protection: Construction Details Practice Standards and Specifications 6.41, 6.31, 6.15 Marty Hurdle Sand Mine Hertford, NC Perquimans County 6.42 Outlet Stabilization Structure 6.31 Riprap and Paved Channels 6AS Riprap Pipe Outlet to Well-defined Channel �Si i w blanket Trapezoidal Riprap Channel oes'son toy idlh Design depth Filter layer, gravel or tabriC 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. 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 June 27, 2013 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 flat-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-C min 'I ��Ilfl�:.:�}ll'::'•.�.1�lIII�• �II�.:�:.1�1: +� — �i+ �NI illiCiff fil ID11ftl=_=4 -- 11Hm �------- 6' typical----�---•--� 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. coarse annranara 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 6 Ken Elliott, consulting June 27, 2013 Temporary Gravel Construction Entrance / Exit Details Practice Standards and Specifications 6.06 Marty Hurdle Sand Mine Hertford, NC Perquimans County Rgura e.O6a Gravel enrarka/cxit kacps setlimeM from lout ing Lna consmSw site (moclAed hon Va SYYCG), 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. 4 Ken flicitt, consulting June 27, 2013 i 41 7, �"-q Ue im \ k ,' LOCATION MAP MARTY HURDLE SAND MINE 355 SWING GATE ROAD HERTFORD, NC 27944 PERQUIMANS COUNTY Map prepared by .. t 0 Ken EAioit, constAing mot.* L ue ,f ('I ` 'y June 27, 2019 ARTY H6 .v SAND U w� ]24i • ". s� JL � \.�... �� J � ;4. rsr `�. ,' - \ ,x .w/:�I"'" '� .��1 ul im In 'll., 1 ms • f / All t z �•,i _G ti + �';.=- _s3eE ` 12-U aita y e g, _ ' J ,emu / :a Z I 1 l- :`;".4 - � `✓,1 :'�',`, . _ \�` ' - -�, ,emu . ..� ` � 4 \i � � -_�` V. 14i;'7�I1<.�'-T / '• / \�"'\`'� �_. v psi tlUm LEI an wee\ is ., �. ` w.r..re'. -ti. '"._ Z •- �x� ,-`fir �' 1 h 7P I A MI A G � � y, — •� N/F �..—••— % ARYL & ELLA HURDLE PROPERTY ..—..,�..—..— A�v / l WOODED WETLAND N/F , N/F MARTY & SHERYL SONNIE J HURDLE HURDLE 20't.9NG OUTLET N/F / PYTECT { l -1.S Gj� •� r CON ELMWOOD FARMS ^� O ,C- (y1O� rpy 7. r r — yoo4S EDC r // , i ♦ EXTSTTNG / ��6�7. I ON CPONa1CH I 2 x � a u y ui I , 1 Lu POND A - I � 1. AC _1 l 1 55 r RECLAMATION COMPLETED r 1 (3 SIDES) r- ' 1 N0110�3s undno awi T of ��LAM'- i ` 1 Pla'c- O In 1 � �T� Nq ,— i 03A1903�1 170' 1 N/F SONNIE J HURDLE- - 5.0 ' �`ni• � 1 � 1 4�1� . LLJ 33dNO JI r I ui ` . N01� y ,�� �vno C1 1VI .Qcc w 1 W 4. :: / \P to L 4fa u~i POND B - 3.22 AC IN PROGRESS uif^ \ z J .L 'f ��` /srocCPiLEs 1 \ EXISTING STRIPED N .P 9y0 \ RASS POND i Zl f�+ \'' KCCKPILES PROPOSED POND C 2.07 ACRES p ap 1� a 41 WOODS f�A� \ o. 5 / /..\ \ S r 4% ' % I TAMRA DAWN KOLTUNIAK 41 \ N/F MARTY & SHERYL i , \ HURDLE N/F i \ /• MARC / ♦ \ /\ HARCHER - MINE MAP MARTY HURDLE SAND MINE HERTFORD, NC 27944 ,'\ / '/ /• / ` •� PERQUIMANS COUNTY PERMIT #72-22 SCALE: 1IN = 10OFT MAP BY ELLIOTT CONSULTING 40\ /' 11 � G� �_ N/F JUNE 26, 2013 0. / / \ JAMES & DARLENE BONDED MINE EXCAVATION - 5.29 AC s \ /•'/ yti1 /'•/ BAIN PROCESSING AREAS, HAUL ROADS - 2.28 AC ' / `'� / STOCKPILES - 0.30 AC \ \• /. /• , \ RECLAIMED (AFF, NOT DIST) MINE EXCAV - 1.55 AC RECLAIMED (AFF, NOT DIST) UNX BUFFER - 0.40 AC \ UNDISTURBED BUFFERS - 2.05 AC ELMWOODFFARMS / N/F \ TOTAL DISTURBED (BONDED) - 7.87 AC / ALAN & MARY \ PROCTOR TOTAL EXCAVATION - 6.84 AC .4( \ TOTAL PERMIT - 11.87 AC /-./ / DARYL & ELLA HURDLE PROPERTY ,..• WOODED WETLAND N/F N/F MARTY & SHERYL SONNIE 3 p J ♦ HURDLE HURDLE N/F ELMWOOD FARMS C�s� } , 1 7 SC I sO po. FQ ♦ ON. C R AW FI S H O/ I } I O POND WA7,Ef'WEE c N0I1o38 AlllVnC) GNYJ 03AO03�j w +^ 1 o 1 SONNIE J HURDLE m POND A & B p• NNCI{.L��S J LI l�(1C��fRfl� j 1 4.77 MINIMUM ACRES 4' DEPTH ♦ € 0z L l to •�• \ I �Q 0; ; % � 4 °oa RF.CI.ATMFD \ FQ ••\ STOCKPILES •� PROCESSING AREA r STRIPED y ,a O U+ t y {9ti BASS O \ I&ul POND % \ \ up ♦ �\ \ I q RECLAIMED t� PROCESSING 1 \'• \ �2 AREA r F \ 0 WOODS ��4� eft• 6'w"' ��d' /..\ ' \ • � BpL1N9 � � i� \ % \ N/F TAMRA DAWN \ KOLTUNIAK \ 1 RECLAMATION MAP / /• / . N/F /•' / MARC HARCHER MARTY HURDLE SAND MINE % HERTFORD, NC 27944 PERQUIMANS COUNTY PERMIT #72-22 \ N/F SCALE: IIN = 10OFT �� \ MARTY \ HURDLEERYI_ / / MAP BY ELLIOTT CONSULTING bo JUNE 26, 2013 BONDED MINE EXCAVATION - 5.29 AC ♦•\ N/F PROCESSING AREAS, HAUL ROADS - 2.28 AC 0.30 ,o00S\•, GP~���t� / / \ 3AMF5 & DARLENE STOCKPILES - AC yaG i' RAIN RECLAIMED (AFF, NOT DIST) MINE EXCAV - 1.55 AC /' RECLAIMED (AFF, NOT DIST) UNX BUFFER - 0.40 AC0 ♦ UNDISTURBED BUFFERS - 2.05 AC TOTAL DISTURBED (BONDED) - 7.87 AC , / TOTAOTAL6.84 AC CPERMITN--11.$7 N/F \'\ AC ELMWOOD FARMS / N/F /' a( ALAN & MARY \' / % PROCTOR \