NCG020876_COMPLETE FILE - HISTORICAL_20130803

STORMWATER-DIVISION CODING SHEET RESCISSIONS.
PERMIT NO.
C G a,o
DOC TYPE
COMPLETE FILE - HISTORICAL
DATE OF
RESCISSION
❑ of o / 3 ✓� b ?j
YYYYMMDD

Print this form to PDF Return PDF of this form to DLR CO by email. cc DLR RO, DWQ SPU. Send a copy to the permittee.
MINING PERMIT APPLICATION REVIEW FORM
forthe
DIVISION OF WATER QUALITY
THIS SECTION TO BE FILLED OUT BY DLR:
Project Name: Four Points Minerals Mine #1 DLR Permit # 676755 County: Onslow Applicant's Email: n/a
Applicant's. Mailing Address: 481 Holly Shelter Road, Jacksonville, NC 28540 Mine Physical Address:
n/s-
YES NO Date Commencing
Is this mine a new mine? r f ❑ r 2001
Have land disturbing activities
started? Date? r f Cif 2001
Latitude: 34.7189 Longitude:-77.2125
Please return comments to (at DLR CO): Judy Wehner
Comments due by: 8/23/2013
SECTION BELOW TO BE FILLED OUT BY DWQ:
Is the RO concerned that the operation, as proposed, would violate standards of water quality?44�_
Comments: P;l- l+nf itt— dcsc.i-�4T,-7 4o SA L�k.-1 w-4t-o�i ` P`:
Watershed/Stream Name & Classification: e�nt Cox Sif'
DWQ Compliance Status of Mine: not W l,c«t - ---kel
Does this mine (or previous owner) have DWQ back fees to pay? If yes, amount:
Is this mine an active permit in BIMS? ,W
YES NO
`NPDES,permit+required?
IJr_ .
NPDES permit existing?
❑ ((Permit # )
r f
If, an NPDES�permit,%notirequired; is'DWQV.
still�concernedraabouthwetlandidegraiiatton t..
I—✓cl
t
16'j �7w e"
eatenng7
Should permittee contact DWQ RO
immediately? (e.g. to schedule a site visit if
I✓c RO Contact Name:
mine has already begun digging or is
Contact Reason I µ p(,,,, ; w
dewatering without DWQ permit)
i e
401}Wetland4iiit required?
ilg
❑t i
f c
i
401 Wetland Cert. existing?
Permit # s—
rf
:D'oes DWQsRO liave�enoiigh'infor'mation to`.
i7etennirie if,a'401 certification'ls;required7`
Ray Rantamhar 7nin

Print this form to PDF Return PDF of this form to DLR CO by email. cc DLR RO, DWQ SPU. Send a copy to the permittee.
YES NO
Are wetlands disturbed at this site?' .
Ft
a.
Does DWQ RO suspect or know of nearby
F
r
wetlands to the site?
aM
Is.a wetland`delineation required prior'.p
IF (IUD,Lit
❑ (Consu.ltant
DWQ issuing the,permit?.
❑(Onsite?`.
❑(Offsite?
Stream Determination Needed?
❑ (
�,
�Stream Determmation,Completedl '"
❑ (
s
f t +i`
rr
Does DWQ RO need a statement that no
wetlands/streams are disturbed
_
(
i—✓r
for this project from applicant?
Buffer Determination.Needed? : ,
r ( rye d < k `" f,, ;
° w ^ a�f' ,sue
.�
Buffer Determination Completed?
❑ (
_
-Recycle system permit existing?* .
❑ (Permit #
New Recycle System permit required?*
r-,(
Enough information to determine?
Non -discharge permit existing?*
r (Permit
Does this applicant need to contact the
A
regional of Central DWQ Office to
r (
,4�U.W -j rAW-oGl
determine if a State Stormwater Permit is
needed?
f—J(Unknown.
Will wastewaters discharge to HQW waters
❑ (
�t(7Q10�y
Permittee
with a 7Q10=0? **
Flow:
must
determine.
r, ( s Violation:
�✓( O&M. Requirements
F ( HQW/7Q10Concerns -
Does DWQ require DLR toehold the "permit
C! ( Pay back fees�or renew.
(e.g. so DWQ, can review it further or
DWQ
because DWQ requires more information)?
010,ther:.
Please describe the reason to
`
•
hold the permit:-./�,��3 ..r.: ,`
1.,^ ,wra�rj �c-' �i,,,,,M.t..
RO ontact
,
F.( Hold Until:,tAA ku,�-
a .Wi,) .0 ,'It", ; ..
Mine must wait to dewater until an O&M plan is
r (
❑ ( �vS
approved?
Rcv Rnnfemhnr 9n1n

r
■ CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
Memorandum from Wilmington Regional Office, Surface Water Protection Section
Date: May 9, 2011
To: Judy Wehner, Division of Land Resources
From: Linda Willis, Surface Water Protection Section Lem
Through: Rick Shiver, Wilmington Regional Office Supervisor, Surface Water Protection Section
Subject: C.R. Peele, Four Points Minerals #1 (67-55), Onslow County -Kcc oz�o
The Surface Water Protection Section received a request for comments from the Division of Land
Resources for Four Point Mineral#1 Mine in Jacksonville on May 6, 2011. Mr. C.R. Peele was issued
an enforcement penalty (DV-2009-0035) on October 2, 2609, of $4428.91, for discharging wastewater
from his mine pit, Four Points Minerals #2, without a permit. He had been issued a Notice of Violation
(NOV-2009-DV-0235) on August 17, 2009 by DWQ for violation of General Statute 143.215.1(a)
(discharging wastewater from his mine pit to surface waters without a permit). He was instructed to
discontinue the discharge until he secured the NPDES Permit (NCG020000). He was later found
discharging, again, without the permit and was issued the enforcement penalty. Mr. Peele did not
contact our office in writing, in person or by phone to discuss the penalty. Neither did he pay the
penalty. It is currently being pursued by the Attorney General's office.
A site visit was conducted at the Four Point Minerals #1 pit on April 5, 2011. Joanne Steenhuis and I
made the site visit with the permission of Mr. C.R. Peele. The pit was discharging wastewater to
Queen's Creek. This pit does not have a permit to discharge. He was instructed that the discharge
from his pit would not be able to meet surface water quality standards for SA Waters and that he would
need to provide an alternative to discharging the pit wastewater to surface waters unless he could
demonstrate effective treatment (no settleable solids), and ensure the discharge does not change the
characteristics of the receiving waters.
Mr. Peele needs to resolve the following issues with DWQ, failure to respond to the enforcement (DV-
2009-0035) for pit #2, address the issues at pit #2 (discharge without a permit), demonstrate that
dewatering from pit #1 will not impact Queen's Creek (SA waters of the State), or, provide an
alternative to discharge from pit #1 by utilizing a non discharge mining technology. such as wet mining.
At this time DWQ SWPS cannot support the renewal of the mining permit for DLR Permit 67-55.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www ncwaterouality ora
One
NorthCarolina
Natimally
An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-6748
50% Recycled/ 10% Post Consumer Paper

Print thi.-, form to PDF Return PDF of this farm to DLR CO by email. cc DLRRO and DWQ SPU
MINING PERMIT APPLICATION REVIEW FORM
forthe
DIVISION OF WATER QUALITY
THIS SECTION TO BE FILLED OUT BY DLR:
Project Name: Four Point Minerals #1 DLR Permit #: 67-55 County: Onslow Address: 462 Holly Shelter
Road, Jacksonville, NC 28540
YES NO Date Commencing
Is this mine a new mine? r 2001
Have land disturbing activities
started? Date? r 2001
Latitude:34.7139 Longitude:-77.2125
Please return comments to (at DLR CO): Judy Wehner
Comments due by: 6/1/11
SECTION BELOW TO BE FILLED OUT BY DWQ:
Is the RO cgpl erned that the operation, as proposed, would violate standards of water quality?
Comments:__, &'-hct'Dn(ro -Iv.SA Lzers w� C)-
49i—
Watershed/Stream Name & Classification:a C erlr--S9t
DWQ Compliance Status of Mine: _NCCornPlln�w� - NZ�se�\tmtr�—El.ad ►vcba��e�
YES NO
NPDES permit regwred?
h1d s ..
„ . , .�.. •. •r � .x a..v F,.4 T- .::;
...-; ,T r:�", �� k � ,. "y e
1'x,:� W�n.Ine ,
NPDES permit existing?
r • (Permit # )
If.an NPDES permit is not required is DWQ
"1x mT,N ';r'."�
i .q, ..P l r°'
still concerned about wetland degradation
1e nsyl✓k, x 9 }�«..��41�}
-
r
by,dewatering? ... `.
._z
"
a' t .'x`
,.'
e` '-7
Should permittee contact DWQ RO
immediately? (e.g. to schedule a site visit if
II
F✓ RO Contact Name: u�W.t1tS
mine has already begun digging or is
Contact Reason: D+M ply
r
dewatering without DWQ permit)►�l�-
401 Wetlariil. Cerf; required?
r
401 Wetland Cert. existing?
f • Permit #
Does DWQ RO currently have`enough
x,
in ormation to deterimine if a`401
r
certification isre hired?.<
t
urn
Rev Seotember 2010

Print thi; farm to PDF
.J'
Return PDF of this form to DLR CO by email. cc DLRRO and DWQ SPU
YES NO
`Are
wetlands disturbed at this sttelt<J
Does DWQ RO suspect or know of nearby
w Y\� so'
wetlands to the site?
I
Is delineation eqire,r dr`pym�o
reLi
D�.
DWa Qwyetland.
isswn e Pe,rmlt?r�w*
O*or'rrConsul�tarEnt
�f Onsii`e tJOffsite
�t
rf1<R.._
Stream Determination Needed?
f" •
i�
Stream Determination Cometed? s t
tpl
'
9a +a _L C2`Y j ? M'}ih
Sr } ' i y_ �M• r,"= r
'�t
is
� . �'i i' T �r i
i' V
Does DWQ RO need a statement that no
wetlands/streams are disturbed
r
for this project from applicant?
USPtcoc'- eu
BurffertDetermtnatton Needed?..0
"
Buffer Determination Completed?
r •
&AO-Q-
i F 01 f ,,-1 .y iW i4 i.; ,rh-r' 1 3E} 'S t e',q)
* f ¢ +..J
Recycle system
1 •s'i4,,a'v. t .•.it r 'F ..F x
Y
I`e �f a
permit existing? bb as€
_` v 5_�a4 - *a
Permd # �
:i'Y_
New Recycle System permit required?*
(-
Enough information to determine?
Non discharge¢permtt existing?*�. kr
}f Permit
Will wastewaters discharge to HQW waters
r
K •7Q10 Oo
Unknown (permittee determine): r
with a 7Q10=0? **
Flow:
x'+-y.-.
'v t h.rh a
-''(
\ �i
'Y" ` ^`i'kM ZtJeJ
tHas, violation q rYY 5
41t 91M, ��±y✓;
.9` ?pY'�P4 �{5py "`"'
c1�u�i'�'
tin„^id:
,�N a r r
if+y
� s>12
.�
0&MiRequirements
Does,DWQ3requlre DLR to hold the permrtr
3
G x
(e gsorDWQ can further or,FS;
r HQW%7Q10 Concerns "
4
eviewrit
because DWQ requires more information)?
4 zk
j0ther.
{ Reason.�ISC�
s «
RO contact�„�� D
-V3�Y
y3
4�=.wat�.y4�y '((�§.y N¢�v .� y.�c �tJ.rN �,`t h'}'A ���iA kn*k'1
"��✓ b�.S�iP�.Rq� '.. Y� 5 a 0.
� �L
.x. �2,5.*�i�lV;
Mine must wait to dewater until an O&M
plan is approved?
DWQ RO Surface Water: L-W. Regional Officer Date: S 11Dt I
RO Aquifer Protection Section: . Regional Office: Date:
3
SPU DWQ Central Office Reviewer (if applicable):
oj- k,_o 1+8.c..r � a.iA Q.P
Rev September 2010 Vtk,,-" Cxo-&L 5 V,,cL— Y\9-z, -{-W s. tYltn n .

Willis, Linda
From:
Sent:
To:
Subject:
So Sorry, No sample left!
Starr, Mark
Thursday, April 08, 2010 9:17 AM
Willis, Linda
RE: INFORMAL residue results
From: Willis, Linda
Sent: Wednesday, April 07, 2010 5:49 PM
To: Starr, Mark
Subject: RE: INFORMAL residue results
If you have any of the sample left over for sample USMS, can you put a meter in that sample and check the salinity for
me, nor for compliance.. just an unofficial? If not, no big deal, I'll make a run to the site and check physical parameters
in stream.
Linda
From: Starr, Mark
Sent: Wednesday, April 07, 2010 3:33 PM
To: Willis, Linda
Subject: INFORMAL residue results
Linda:
Here are the INFORMAL results from your Bay Branch Mine Samples.
Note that these results have not gone through peer review and may change.
Have a Great week!
Mark
STATION
TOTAL
RESIDUE
USUT
110
USMS
110
CD
210
IDS
90
(All results are in mg/1)
SUSPENDED
RESIDUE
34
21
120
<12

IFFAA
�r
NC®ENR
North Carolina Department of Environment and
Beverly Eaves Perdue, Governor
October 2, 2009
Certified Mail No. 7007 0220 0000 8216 6926
Return Receipt Requested
C.R. Peele Construction Company, Inc.
C.R. Peele
462 Holly Shelter Road
Jacksonville, NC 28540
Subject: Assessment of Civil Penalty
Case No. DV-2009-0035
C.R. Peele Construction Company, Inc.
Four Points Minerals Mine #2
Onslow County
Dear Mr. Peele:
Natural Resources
Dee Freeman, Secretary
This letter transmits notice of a civil penalty assessed against C.R. Peele Construction Company, Inc. in the amount of $4428.91,
which includes $428.91 in investigative and administrative costs.
This assessment is based upon the following facts: C.R. Peele Construction Company, Inc. has been dewatering the mine pit, making
an outlet to waters of the State without a valid permit on two separate occasions. September 18, 2008, Linda Willis and Joanne
Steenhuis visited the site pursuant to a request by the Division of Land Resources concerning potential wetland fill issues. The
representative found that dewatering was occurring. The discharge appeared to be sent to an insufficiently sized sediment basin that
was full of sediment. An overflow pipe was used to relieve excess water from the settling basin to the adjacent wetlands. You were
advised in writing (letter dated November 4, 2008), that an NPDES permit NCG020000 was required for this mine site and in
particular for the dewatering activities. You were requested to discontinue dewatering until you secure the NCG020000 permit and
submit an approval operation and monitoring plan to demonstrate the nine dewatering was not impacting adjacent wetlands. On
August 7, 2009, a follow up visit by Joanne Steenhuis and Linda Willis revealed another pump in the pit with a hose leading to the
adjacent wetlands. To date, the NPDES Permitting Unit has not received an application for a mining permit.
Based upon the above fact, I, make the following conclusion of the law: C.R. Peele Construction Company, Inc. violated the General
Statute (G.S.) 143-215.1(a)(1) for making an outlet to waters of the State. C.R. Peele Construction, Inc. may be assessed civil
penalties in this matter pursuant to G.S. 143-215.6A, which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000) may be assessed against any person who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1(a)(6). .
Based upon the above Findings of Fact and Conclusions of Law, I, Rick Shiver, Division of Water Quality Regional Supervisor,
acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of
the Division of Water Quality, make the following decision. Accordingly, C.R. Peele Construction Company, Inc. is hereby assessed
a civil penalty of: .
$4000.00
One 1 violation of G:S. 143-215.1 a 1 making an outlet to waters of the State without a permit.
$4000.00
Total civil penalty
$428.91
Enforcement and administrative costs
$4428.91
Total amount due
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] \ FAX: [phone] \ Internet: www.enr.state.nc.us/ENR/
Nne
orthCarolina
�aiur�rllr�
An Equal Opportunity / AffirmativeAction Employer - 50 % Reacted 110 % Post consumer Paper

Pursuant to G.S. 143-215.6A, in determining the, amount of the penalty I have taken into account the Findings of Fact and Conclusions
of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting
from the violation;
(2) The duration and gravity of the violation;
(3) The effect on surface water quality;
(4) The cost of rectifying the damages;
(5) The amount of money saved by non compliance; -
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) calendar days of receipt of this notice, you must do one of the following three options:
1. Submit a payment of the penalty, OR
2. File a request for remission of civil penalties, OR
3. File a written petition to the Office of Administrative Hearings.
Failure to exercise one of the above three options within thirty (30) calendar days of your receipt of these documents will result
in this matter being referred to the Attorney General's Office with.a request to initiate a civil action to collect the penalty.
These options are detailed below:
Option 1 — Submit payment of the penalty
Payment should be made to the order of the Department of Environment and Natural Resources (DENR).
Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Do not include the attached waiver form if making payment. Payment must be sent within 30 calendar days of receipt of
this notice to the attention of:
Mr. John Hennessy
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2 — File a request for remission of civil penalties:
A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not
the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such a request will not be processed without a
waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(B) were wrongfully applied to the
detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
For this option you must file your request for remission of civil penalties within thirty (30) calendar days of receipt of this
notice with the NPS Assistance and Compliance Oversight Unit : Submit this information to the attention of:
DV-2009-0035 2
C.R. Peele Construction Co. Inc.

Mr. John Hennessy
NC Division of Water Quality —NPS Assistance.&,Compliance Oversight Unit
1617 Mail Service Center
,Raleigh, North Carolina 27699-1617
Option 3 - File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the
Office of Administrative Hearings within thirty (30) calendar days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the
signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150E-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The
mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: . [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
and one (1) copy to:
Mr. John Hennessy
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Failure to exercise one of the options above within thirty calendar (30) days of receipt of this notice, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of
the penalty through a civil action.
The violations addressed by this assessment and any impacts to waters must be properly resolved. You are encouraged to contact this
office if you need assistance in achieving compliance at the site. Please be advised that additional assessments may be levied for
future, continuing, or other violations beyond the scope of this specific assessment.
If you have any questions, please contact Linda Willis 'of the Wilmington Regional Office at 910-796-7343 or the Nan -Point Source
Assistance and Compliance Oversight Unit at 919-733-5083.
Sincerely,
O c r013 �c�— Oi , c0
C,VL ,.lti ice_ i�t 0 , O
Rick Shiver Date
Wilmington Regional Supervisor _
Division of Water Quality
Surface Water Protection Section
DV-2009-0035
C.R. Peele Construction Co. Inc.

Attachments: Waiver form
Justification for remission request form
Cc: WiRO NCG020000 Onslow
WiRO DLR Attn: Dan Sams/Karl Hammers
CO DWQ files
NPS Assistance & Compliance Oversight Unit: Attn: John Hennessy
i
DV-2009-0035 - 4
C.R. Peele Construction Co. Inc. -

STATE OF NORTH CAROLINA
COUNTY OF
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
C.R. Peele Construction Company, Inc.
ENVIRONMENTAL MANAGEMENT
COMMISSION
14
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV-2009-0035
Having been assessed civil penalties totaling $ 4,428.91 for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated
October 2. 2009 , the undersigned, desiring to seek remission of the civil penalties,
does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the. facts are as alleged in the assessment document.
The undersigned further understands that all.evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Quality within
thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a
remission request will be allowed after thirty (30) days from the receipt of the civil penalty
assessment.
This the day of , 20_
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2009-0035 County: Onslow
Assessment Party: C.R. Peele Construction Company, Inc.
Amount Assessed: $4428.91
Please use this form when requesting remission of this civil penalty. You must also
complete the "Request for Remission, Waiver of Right to an Administrative Hearing and
Stipulation of Facts" form to request remission of this civil penalty. You should attach
any documents that you believe support your request and are necessary for the Director to
consider in evaluating your request for remission. Please be aware that a request for
remission is limited to consideration of the five factors listed below as they may relate to
the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. 14313-282. 1 (c), remission of a civil penalty may be granted only
when one or more of the following five factors applies. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of
supporting documents, as to why the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in MC.G.S. 14313-
282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment
factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting
from the violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why
the violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous
violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions (i.e., explain how payment of the civil penalty will prevent
you from performing the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

North Carolina
Beverly Eaves Perdue, Governor
4
NCDENR
Department of Environment and
October 2, 2009
Certified Mail No. 7007 0220 0000 8216 6926
Return Receipt Requested
C.R. Peele Construction Company, Inc.
C.R. Peele
462 Holly Shelter Road
Jacksonville, NC 28540
Subject: Assessment of Civil Penalty
Case No. DV-2009-0035
C.R. Peele Construction Company, Inc.
Four Points Minerals Mine #2
Onslow County
Dear Mr. Peele:
Natural Resources
Dee Freeman, Secretary
This letter transmits notice of a civil penalty assessed against C.R. Peele Construction Company, Inc. in the amount of $4428.91,
which includes $428.91 in investigative and administrative costs.
This assessment is based upon the following facts: C.R. Peele Construction Company, Inc. has been dewatering the mine pit, making
an outlet to waters of the State without a valid permit on two separate occasions. September 18, 2008, Linda Willis and Joanne
Steenhuis visited the site pursuant to a request by the Division of Land Resources concerning potential wetland fill issues. The
representative found that dewatering was occurring. The discharge appeared to be sent to an insufficiently sized sediment basin that
was full of sediment. An overflow pipe was used to relieve excess water from the settling basin to the adjacent wetlands. You were
advised in writing (letter dated November 4, 2008), that an NPDES permit NCG020000 was required for this mine site and in
particular for the dewatering activities. You were requested to discontinue dewatering until you secure the NCG020000 permit and
submit an approval operation and monitoring plan to demonstrate the mine dewatering was not impacting adjacent wetlands. On
August 7, 2009, a follow up visit by Joanne Steenhuis and Linda Willis revealed another pump in the pit with a hose leading to the
adjacent wetlands. To date, the NPDES Permitting Unit has not received an application for a mining permit.
Based upon the above fact, I, make the following conclusion of the law: C.R. Peele Construction Company, Inc. violated the General
Statute (G.S.) 143-215.1(a)(1) for making an outlet to waters of the State. C.R. Peele Construction, Inc. may be assessed civil
penalties in this matter pursuant to G.S. 143-215.6A, which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000) may be assessed against any person who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1(a)(6).
Based upon the above Findings of Fact and Conclusions of Law, I, Rick Shiver, Division of Water Quality Regional Supervisor,
acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of
the Division of Water Quality, make the following decision. Accordingly, C.R. Pecle Construction Company, Inc. is hereby assessed
a civil penalty of
$4000.00
One ] violation of G.S. 143-215.1 a 1 making an outlet to waters of the State without a pernut.
$4000.00
Total civil penalty
$428.91
Enforcement and administrative costs
$4428.91
Total amount due
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] \ FAX: [phone] \ Internet: www,enr.state.nc.us/ENR/
Nne
orthCarolina
Nmirally
An Equal Opportunity I Affirmative Action Employer- 50 % Recycled 110 % Post Consumer Paper

Pursuant to G.S. 143-215.6A, in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions
of Law and the factors set forth at G.S. 143B-282.I(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting
from the violation;
(2) The duration and gravity of the violation;
(3) The effect on surface water quality;
(4) The cost of rectifying the damages;
(5) The amount of money saved by non compliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) calendar days of receipt of this notice, you must do one of the following three options:
1. Submit a payment of the penalty, OR
2. File a request for remission of civil penalties, OR
3. File a written petition to the Office of Administrative Hearings.
Failure to exercise one of the above three options within thirty (30) calendar days of your receipt of these documents will result
in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty.
These options are detailed below:
Option l — Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources (DENR).
Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Do not include the attached waiver form if making payment. Payment must be sent within 30 calendar days of receipt of
this notice to the attention of. -
Mr. John Hennessy
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2 — File a request for remission of civil penalties:
A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not
the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such a request will not be processed without a
waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You
and the attached "Justification for Remission Request" which should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.l(B) were wrongfully applied to the
detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
For this option you must file your request for remission of civil penalties within thirty (30) calendar days of receipt of this
notice with the NPS Assistance and Compliance Oversight Unit. Submit this information to the attention of:
DV-2009-0035
C.R. Peele Construction Co. Inc.

Mr. John Hennessy
NC Division of Water Quality —NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3 - File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the
Office of Administrative Hearings within thirty (30) calendar days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official stale
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the
signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact
the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The
mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
and one (1) copy to:
Mr. John Hennessy
NC Division of Water Quality —NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Failure to exercise one of the options above within thirty calendar (30) days of receipt of this notice, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of
the penalty through a civil action.
The violations addressed by this assessment and any impacts to waters must be properly resolved. You are encouraged to contact this
office if you need assistance in achieving compliance at the site. Please be advised that additional assessments may be levied for
future, continuing, or other violations beyond the scope of this specific assessment.
If you have any questions, please contact Linda Willis of the Wilmington Regional Office at 910-796-7343 or the Non -Point Source
Assistance and Compliance Oversight Unit at 919-733-5083.
Sincerely,
C ( f- .1.3 <..I_1)1_ '"Z- �' C C C1
Rick Shiver Date
Wilmington Regional Supervisor
Division of Water Quality
Surface Water Protection Section
DV-2009-0035
C.R. Pecle Construction Co. Inc.

Attachments: Waiver form
Justification for remission request form
Cc: WiRO NCG020000 Onslow
WiRO DLR Attn: Dan Sams/Karl Hammers
CO DWQ files
NPS Assistance & Compliance Oversight Unit: Attn: John Hennessy
DV-2009-0035 4
C.R. Peele Construction Co. Inc.

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2009-0035 County: Onslow
Assessment Party: C.R. Peele Construction Company, Inc.
Amount Assessed: $4428.91
Please use this form when requesting remission of this civil penalty. You must also
complete the "Request for Remission, Waiver of Right to an Administrative Hearing, and
Stipulation of Facts" form to request remission of this civil penalty. You should attach
any documents that you believe support your request and are necessary for the Director to
consider in evaluating your request for remission. Please be aware that a request for
remission is limited to consideration of the five factors listed below as they may relate to
the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. 14313-282.1(c), remission of a civil penalty may be granted only
when one or more of the following five factors applies. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of
supporting documents, as to why the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-
282.1 b) were wrongfully applied to the detriment of the petitioner (the assessment
factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting
from the violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why
the violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous
violations;
(e) payment of the civil penaltyprevent payment for the remaining
necessary remedial actions (i.e., explain how payment of the civil penalty will prevent
you from performing the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

STATE OF NORTH CAROLINA
COUNTY OF
ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
C.R. Peele Construction Company, Inc.
FILE NO. DV-2009-0035
Having been assessed civil penalties totaling $ 4,428.91 for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated
October 2, 2009 , the undersigned, desiring to seek remission of the civil penalties,
does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Quality within
thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a
remission request will be allowed after thirty (30) days from the receipt of the civil penalty
assessment.
This the day of , 20_
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
IN THE MATTER OF
C.R. Peele Construction Company, Inc.
Four Points Minerals Mine No. 2
FOR VIOLATION OF:
NORTH CAROLINA GENERAL STATUTE
143-215.1(a)(1)
Making an outlet into the waters of the State
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Case No. DV-2009-0035
FINDINGS AND DECISIONS AND
ASSESSMENT OF CIVIL
PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural
Resources, I, Rick Shiver, Wilmington Regional Supervisor of the Division of Water Quality (DWQ),
make the following:
FINDINGS OF FACT:
A. C.R. Peele Construction Company, Inc. is a corporation organized and existing under the
laws of the State of North Carolina.
B. C.R. Peele Construction Company, Inc. operates a mine site, that is located near
Canterbury Subdivision off Shamrock Drive in Onslow County, North Carolina. The
mining permit expires on August 1, 2012.
C. On September 18, 2008, Joanne Steenhuis and Linda Willis with the Wilmington
Regional Office inspected the Four Points Minerals Mine #2 located off Shamrock Drive
near Canterbury Subdivision off Gum Branch Road. The inspection was pursuant to a
notification from DLR that the mine pit was being dewatered. Division representatives
witnessed a pump with an outlet to a small settling basin with an overflow pipe to
wetlands. C.R. Peele was notified by the Division in a letter dated November 4, 2008,
that a general permit was required for the discharge of mine wastewater to surface waters
of the State. On August 17, 2009, Division representatives returned to the site for follow
up. A pump was seen in the pit with a discharge hose into the adjacent wetlands. C.R.
Peele has not applied for a general permit to date.
F. The wetlands noted in Part I.C. above are tributary to the New River, classified as Class
C-NSW waters of the State in the White Oak River Basin.
G. The costs to the State of the enforcement procedures in this matter totaled $428.91.

Based upon the above Findings of Pact, I make the following:
II. CONCLUSIONS OF LAW:
A. C.R. Peele is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S. 143-
212(4).
B. A discharge from the mine pit requires an NPDES permit required by G. S. 143-
215.1.(a).
C. The wetlands tributary to the New River constitutes waters of the State within the
meaning of G.S. 143-215.1(a)(1) pursuant to G.S. 143-212(6).
E. C.R. Peele Construction, Inc. violated General Statute 143-215.1(a) activities for which
permits required for (1) making an outlet into the waters of the stale.
F. C.R. Peele Construction, Inc. may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A, which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000) may be assessed against any person who (2) is required but
fails to apply for or to secure a permit required by G.S. 143-215. L
G. C.R. Peele had received a notification that a General Permit NCG020000 was required
for the dewatering activities at the Four Points Minerals Mine #2.
H. The State's enforcement costs in this matter may be assessed against C.R. Peele
Construction, Inc. pursuant to G. S. 143-215.3(a)(9) and G. S. 14313-282.1(b)(8).
1. The Director of the Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the authority to
assess civil penalties.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, C.R. Peele Construction Company, Inc. is hereby assessed a civil penalty of:
$ 4000.00
$ 4000.00
$ 428.91
$ 4428.91
DV-2009-0035
C.R. Peele Construction Company, Inc.
Four Points Minerals Mine #2
For violation of G. S. 143-215.1(a) for making an outlet to
waters of the State without a permit.
TOTAL CIVIL PENALTY.
Enforcement costs.
TOTAL AMOUNT DUE

Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
��..�.-CGA --- . il.h 0 C-- T Ci (3 4,i')-- (- - Z' t
Rick Shiver (date) ? C',
Wilmington Regional Supervisor
Division of Water Quality
Surface Water Protection Section
DV-2009-0035
C.R. Peele Construction Company, Inc.
Four Points Minerals Mine #2

Wetlands and Stormwater Branch - Attachment Checklist
NPDES Industrial Stormwater Enforcement Cases
Regional Office ,j I ao County DD nSio%J Case No. 1V-ZCCJk— 0035
Owner C P. 9E6rE CVrLSTRucTla.nCo.-%. Facility Four t�,nts M,n'e u Mila-C i a
Case Prepared by ImAn tS, l RO Supervisor Is DLR doing a case? No
Attachments Needed for RO Case File
R
Check (� )
1. Enforcement Recommendation Memo
R
v/
2. Findings & Decisions Document
R
V�—
3. Photographs (in COLOR)
R
4. Vicinity / Site Map with Photo Locations
R
5. DWQ NOV(s) and r
R
6. Any Response to DWQ NOV
•
✓"
7. Proof of Corporation
•
V____
8. Proof of Ownership
A
v`
9. Approval Letter with Certificate of Coverage (COC) and Permit #
B
NIA
10. Copy of Industrial Stormwater Permit
B
N) k
11. Chain of Custody, Lab Data, Calibration Sheets
C
N 140,
12. Map with Sample locations
C
N
KEY: R - Required for all Violations
O - If applicable, required for all Violations
A - Required ONLY for Illegal Discharge / Failure to Secure a Stormwater Permit
B - Required ONLY for Industrial Stormwater Permit Condition Violations
C -Required ONLY for Water Quality Standard Violations
'If DLR is doing a case, coordination will need to occur between DWQ and DLR.
This may be applicable,for Mine Sites (NCG020000).
Page 1 of 2

Attachments Needed
Definitions
Memo addressed to Wetlands and Stormwater Branch from the RO Supervisor and Staff that
1. Enforcement
recommends enforcement. This memo also summarizes the history of the site including any
Recommendation
inspections, NOVs, Responses to NOVs, restoration, and current status. It also states whether
Memo
the assessed entity(ies) have any previous civil penalty assessments against them and
calculates the enforcement costs.
2. Findings &
Findings & Decisions Document includes the (1) Findings of Fact; (11) Conclusions of Law; and
Decisions
(III) Decision. Draft this document using provided templates. Also, email to the NPS-ACO Unit
Document
so that they can make any necessary changes <DENR.NPSACO.DWQ(G)ncmail.net>
Documents the scope of the impacts. Dates and any written description should be included to
3. Photographs
document when and where the photos were taken (It is recommended to copy the digital photos
(in COLOR)
into Word or Power Point to add dates and descriptions). When possible, take reference photos
for comparison.
Vicinity Map indicates the landscape position of the site. This map should also depict where the
4. Vicinity / Site Map
photos were taken and the direction of the photos. This is used to support the assessment and
with Photo
imperative to staff unable to go to the site. (When the site is large, or has impacts at many
Locations
different locations within the site, it may be necessary to have multiple maps and/or sketches to
properly depict both the general location of the site and the exact location of the pictures.)
DWQ NOV illustrates and details the impacts and violations on the site. This document is
5. DWQ NOV(s)
essential to document the violations observed in the Findings & Decisions document (use
templates!)
6. Any Response to
Any Response to the DWQ NOV will be considered in the case assessment process and must
DWQ NOV
be included in the packet. This may include written letters, emails, phone calls...
This confirms correct name of the Limited Liability Corporation (LLC), Company, Registered
7. Proof of Corporation
Agent, address, etc. Refer to the Secretary of State website:
htto://www.secretary.state.nc.us/cori)orations/ or appropriate State of Incorporation.
This documentation is needed to confirm that the appropriate "person" is being assessed, the
8.
Proof of Ownership
owner of the property. This can be a printout from Online Parcel or GIS info, or a copy of the
most recent deed.
9.
Approval Letter with
Certificate of
This confirms and documents that the appropriate person (the permittee) and facility are being
Coverage (COC)
assessed.
and Permit #
10.
Copy of Industrial
This confirms that the permit conditions we are enforcing are for the permit active at the time of
Stormwater Permit
the violation. This is important as permits expire and are renewed with changes.
11.
Chain of Custody,
This information is necessary when demonstrating Water Quality Standard Violations. Example:
Lab Data,
Turbidity, DO, pH, etc.
Calibration Sheets
12.
Map with Sample
A map indicating the location where the water quality samples were taken.
locations
Page 2 of 2

NORTH CAROLINA DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: C.R. Peele Construction Company, Inc.
County: Onslow
Case Number: DV-2009-0035
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the
public health, or to private property resulting from the violation;
2) The duration and gravity of the violation; The violation has been ongoing since
September 18, 2008, the date of the first inspection.
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance; The owner avoided the cost of
a consultant to complete the application, develop an operation and monitoring
plan, and the permit fee.
6) Whether the violation was committed willfully or intentionally; The applicant
ignored the November 4, 2008 letter in which we notified him of the need to
obtain a permit anddiscontinue any dewatering .
7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory
authority; and (--,;t-
8) The cost to the State of the enforcement procedures. We have accounted for
Ms. Linda Willis and Ms. Joanne Steenhuis' time, as well as other allied costs.
Date
Rick Shiver
Regional Supervisor
Surface Water Protection Section
Wilmington Regional Office

NORTH CAROLINA DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: C.R. Peele Construction Company, Inc.
County: Onslow
Case Number: DV-2009-0035
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the
public health, or to private property resulting from the violation;
f-')—A— —
2) The duration and gravity of the violation; The violation has been ongoing since
September 18, 2008, the date of the first inspection.
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance; The owner avoided the cost of
a consultant to complete the application, develop an operation and monitoring
plan, and the permit fee.
6) Whether the violation was committed willfully or intentionally; The applicant
ignored the November 4, 2008 letter in which we notified him of the need to
obtain a permit and discontinue any dewatering .
7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory
authority; and f��M
8) The cost to the State of the enforcement procedures. We have accounted for
Ms. Linda Willis and Ms. Joanne Steenhuis' time, as well as other allied costs.
Oc r004,4-)_ 0-;,-
Date
Rick Shiver
Regional Supervisor
Surface Water Protection Section
Wilmington Regional. Office

Surface Water Protection Section
Wilmington Regional Office
Division of Water Quality
October 2, 2009
Memorandum:
To: John Hennessey
Wetlands and Stormwater Branch Supervisor
From: Rick Shiver
Wilmington Regional Office Supervisor
Division of Water Quality
Surface Water Protection Section
Prepared by: Linda Willis
Subject: Enforcement Recommendation DV-2009-0035
C.R. Peele Construction Company, Inc.
Four Points Minerals Mine # 2
Onslow County, NC
Enclosed is an enforcement recommendation package for C.R. Peele Construction
Company, Inc. in Onslow County, NC. Linda Willis and Joanne Steenhuis of this office
conducted a site inspection on August 7, 2009 as follow up to a previous inspection on
September 18, 2008. In September, DWQ representatives witnessed a discharge pipe and
settling basin with an overflow pipe to wetlands. Mr. Peele was notified in writing on
November 4, 2008 that an NPDES General Permit NCG020000 was required for the
mining activity at this site. On August 7, 2009, DWQ representatives returned to the site
for follow up concerning some wetland fill issues. A pump and discharge hose was
found leading to adjacent wetlands. A notice of violation with recommendation to
enforce was issued on August 17, 2009. On August 26, 2009, a response to the DWQ
NOV was received in this office. The response indicated the owner of the pit (Mr. C.R.
Peele) did not know the pump was in the pit. He stated he had hired a professional pump
installer who had placed the pump in the pit to test the pump.
The NPDES Stormwater Permitting Unit has not received a notice of intent for this mine
site to date. The mine site has not complied with their mine permit in providing an
adequate buffer to wetlands, in fact, it appears that wetlands have been removed, but the
USACOE could not determine the amount of wetlands impacted. This made it
impossible for DWQ to pursue wetland impacts as well. The Regional Office is not in
favor of supporting the issuance of an NCG020000 permit. The owner should not be
allowed to dewater the pit under any circumstances.
The impacts have resulted in the following violations: Making an outlet to waters of the
State. DWQ has no record of past violations for C.R. Peele Construction Company, Inc.

Enforcement costs:
RO staff inspector: Linda Willis 7.25 hoursna,$30.92/lv $224.17
RO staff inspector: Joanne Steenhuis 2.5 hours@S30.75/hr $76.88
Mileage 51.6 milesQDS0.54/mile $27.86
Central Office Review and Processing $100 00
TOTAL $428.91
My E,
"`1, IIS kx6U @ 3 o 92�

Willis, Linda
From: Adrienne Rogers [[e-mail]]
Sent: Monday, September 21, 2009 11:09 AM
To: Linda Willis
Subject: Stormwater Application
Attachments: Ivy.gif
Re: Stormwater Permit Application
C. Ray Peele at Harris Creek Road,
Project ID: Onslo-2009-129
Ms. Willis,
In July 2009 the properties owners at the Harris Creek Road project site gave permission for C R
Peele Construction to clear cut approximately 3.94 acres +/-. Neither CR Peele Construction nor any
of the properties owners submitted for a Sedimentation and Erosion Control permit and a Notice of
Violation was issued via Division of Land Quality. The NOV was addressed and a SEC Site plan was
created and filed with the Division of Land Quality in the Wilmington office within September 2009.
At the present time, the parcel is undeveloped with existing established vegetation and is not being
considered for development in the near future.
The ground cover that was cleared has since grown back and there are currently no impervious areas
on the project site.
My question for the DWQ: Does our client, CR Peele Construction, need to obtain a stormwater
permit at this juncture or will the SEC permit suffice seeing as no development is intended and the
site does have stabilization.
Please advise.
Thank you for your time and attention to this matter.
Adrienne Rogers
Environmental Scientist
Walton Engineering
109 E Fremont
PO Box 895
Burgaw, NC 29425
[phone] - office
[phone] - fax
amr2907nwaltonen gineering. net

C.R. Peele Construction Co., Inc
962 Holly Shelter Road
Jacksonville NC 28540
Phone: [phone] Fax: [phone]
e-mail: [e-mail]
August 24, 2009
NC Division of Water Quality
Wilmington Regional Office
Mr. Rick Shiver
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: NOV-2009-DV-0235
Four Points Minerals #2 Mine
Dear Mr. Shiver:
BY:
AUG 2 6 2009
I am in receipt of your letter dated August 17, 2009. Upon receiving this
information I was astounded to learn what was going on, but I think it has a
simple explanation. I personally don't spend much time at the Ramsey Pit, so I
was not aware of the situation. Currently there is no activity at this pit.
In September 2008 when Ms. Steenhuis and Ms. Willis first visited I took all the
necessary steps to bring everything into compliance. I hired surveyors, soil
engineers and cleaned up the problems at hand. I have hired Mark Walton of
Walton Engineering to achieve the task of obtaining my dewatering permits, he
is currently working on putting that together with my surveyor and has been for
several months.
To address the dewatering, I had hired a professional pump installer from
Wilmington, Mr. Floyd Price. He has designed a pump that floats on the top of
the water and causes absolutely no turbidity because it pumps clean water
directly off the top. This pump is run by electricity. After receiving your letter I
started checking on the situation. Mr. Price was testing his pump with a
generator at the Ramsey Pit. We knew that we could pump as long as we
pumped inside the pit boundaries. My investigation revealed that we were
pumping inside the boundaries, but it was very close to the outer edges of that
boundary and water was leaving the site. Mr. Price stated it was clean water
and the pump had only been run long enough to see what size generator would
be needed to run the pump. I informed Mr. Price to stop testing his pump

immediately until I could get the permit issues resolved. Please see attached
letter.
At this time we are requesting leniency because Four Points Minerals was
unaware of the happenings with the pump. Mr. Price's telephone number is 910-
619-0256. He would be happy to speak with you regarding this matter. I have
also asked him to follow up in writing with Four Point as to what actually
occurred. Again, this pit has not been used in over a year (since the date of the
first violation, which has since been resolved).
Thank you for your time and assistance on this matter. If you have any
questions, please contact me at [phone].
Sincerely,
Co., Inc.
President

C.R. Poole Construction Co., Inc
962 Holly Shelter Road
Jacksonville, NC 28540
Phone: [phone] Fax: [phone]
e-mail: off ice03@site maxxservices. com
August 21, 2009 AUG 2 6 2009
BY:
Mr. Floyd Price
213 Seacrest Drive
Wrightsville Beach, NC 28480
Re: Pump at Ramsey Pit
Dear Mr. Price:
I received a letter from NCDENR stating that there were pumping activities
taking place at the Ramsey Pit. All test pumping must STOP immediately.
Please advise our office as soon as possible regarding the chain of events that
occurred with the pump you installed at the Ramsey Pit.
Sincerely,
C.R. Peele Construction Co., Inc..
C.R. Peele
President

WALTON ENGINEERIN
September 10, 2009
Mr. Rick Shriver
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Four Points Minerals #2 Mine
Dear Mr. Shriver,
This letter is to confirm that Walton Engineering has been retained by C.R. Peele to
address the NOV sent August 17's, 2009.
If you have any questions, please call me at 910-259-4800.
Sincerely,
UtiX�,[/
Allen Thornton
cc: Mr. C.R. Peele
fls_p>>LVT� •I'
S'Y
SEP 16 2009
Tel: [phone] PO Box 895, Burgaw, North Carolina, 28425 Fax: [phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 17, 2009
CERTIFIED MAIL #7006 0810 0004 4480 9070
RETURN RECEIPT REQUESTED
C.R. Peele
C.R. Peele Construction Company
462 Holly Shelter Road
Jacksonville, NC 28540
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2009-DV-0235
Four Points Minerals #2 Mine
Discharge without a Permit
Onslow County
Dear Mr. Peele:
Division of Water Quality Representatives, Joanne Steenhuis and Linda Willis, with the
Wilmington Regional Office, visited your mine site located off Shamrock Drive in
Onslow County, on August 7, 2009. The purpose of the visit was to determine
compliance concerning corrective actions for the wetland impacts that had occurred on
site. During this site visit it was noticed that a pump was in the pit with a hose leading to
the adjacent wetlands. The wetlands are tributary to the New River classified C-NSW
Waters of the state. During the last site inspection (September 18th, 2009) conducted by
Linda Willis and Joanne Steenhuis, DWQ determined dewatering activities were
occurring from the mine pit without a valid NPDES Permit. During that site visit,
Division Representative, Linda Willis informed you that the NPDES NCG020000.
General Permit was required for this activity and that until the permit was issued you
were required to discontinue dewatering. A certified letter was sent to you on
November 4, 2008 requesting you to apply for the NCG020000 Permit. To date, no
application has been received, however wastewater from dewatering is actively being
discharged from the pit. As a result of the site inspection and a file review, the following
violation is noted:
N. C. Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension, NC 28405
Phone: [phone] FAX: [phone]
Customer service: 1-877-623-6748
Internet: wwvrmwaterquality.org
An Equal Opportunity 1 Affirmative Aclion Employer
NorthCarolina
Naturally

C.R. Peele
Four Points Mineral #2 Mine
Onslow County
Item I. Discharge without a valid permit:
North Carolina General Statute (NCGS) 143-215.1(a) requires a pemut for making an
outlet into waters of the State. Discharging without a pennit may result in civil penalties
of up to $25,000 per day according to NCGS 143-215.6A(a)(2). NPDES general pennit
NCG020000 has been established pursuant to NCGS 143-215.1(b) for discharges of
stonnwater and wastewater from mine dewatering to surface waters. This general permit
is applicable to owners or operators of stormwater/wastewater point source discharges
associated with activities classified as establishments primarily engaged in mining. We
believe this plant was operating at the time of inspection.
Requested Response
This Office requests that you respond to this letter in writing within 20 days of receipt of
this Notice. Your response should be sent to both this office at the letterhead address and
to the attention of Mr. John Hennessey at the Wetlands and Stormwater Branch, NPS
Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC
27699-1617. Your response should address the following items:
1. Please explain why you resumed discharging wastewater without securing an
NPDES NCG020000 General Permit.
Thank you for your attention to this matter. This Office is considering sending a
recommendation for enforcement to the Director of the Division of Water Quality
regarding these issues and any future/continued violations that may be encountered.
Your above -mentioned response to this correspondence will be considered in this
process. This office requires that the violations, as detailed above, be abated
immediately. These violations and any future violations are subject to a civil
penalty assessment of up to $25,000.00 per day for each violation. Should you have
any questions regarding these matters, please contact Linda Willis at 910-796-7343 or
myself at 910-796-7386.
Sincerely,
Rick Shiver
Wilmington Regional Supervisor
Division of Water Quality
Surface Water Protection Section
cc: WiRO files NCG020 Onslow— Linda Willis
Bradley Bennett — Stormwater Permitting Unit
John Hennessey—NPS Assistance and Compliance Oversight Unit
DWQ Central Files
USACOE (69 Darlington Avenue, Wilmington NC 28403-1343) Attn:Brad Shaver
WiRO DLRAttn: Karl Iiarnmers

I to Complete Items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
0 Print your name and address on the reverse
so that we can return the card to you.
In Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Pee Le—
G.I'. Pe Le 6onS
L1(02 4iltj Shet4er9Cj.
.A 53 J TO
A. Signature
-- A ❑ Agent
B. Received by1Prfnted Name) C. Datp cl Deli
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
ce Type
rtified Mall ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandis
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7006 0810 0004 4480 9070 _
(rians/er /Tom service IabeQ
PS Form 3811, February 2004 Domestic Return Receipt 1025e5-02-M-15
U S PostalrSer fcei� TOM,
�CER,�TIFIEDnMAIL�IR�ECEIP,
";,(Dameslic;'Mad Only iNC-t50 rancgpc vervtded)
(�vFgrtlell_v""_eryjirifoiirietiori vl$INS.ufewetisl_te7i 'WA--`Lspseo'__.JW
M01111i Cal
Postage
Sii om MOUnJo fi 02 'r SeeA of ¢rsa oralesiruclion

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
January 29, 2009
Regulatory Division
Action ID. 2008-02838
C.R. Peele
Attn: Randall Ramsey
109 Grimsby Place
Jacksonville, North Carolina 28540
Dear Mr. Ramsey:
l
1
FEB 0 2 2009
This letter serves to confirm a visit to your property at 4 Points mine located off Shamrock
Drive just prior to Canterbury Subdivision accessed from Gum Branch Road, Onslow County.
viewed your property on January 13, 2009 with your consultant/agent, Mr. Haywood Pittman.
This visit comes as a'result of an unauthorized activity tearsheet that was sent to you on
October 6, 2008 which requested your voluntary removal of approximately 0.20 acres of fill
from wetlands surrounding your active mine site.
During this most recent site visit it was noted that you had made efforts to remove the
unauthorized fill from wetlands which is appreciated. It does appear that the fill removed
remains unstable and has the opportunity to migrate back into the wetlands. In the
October 6, 2008 correspondence you were requested to install a silt fence along the base of the
removed fill which has not been completed. Along with this silt fence installation you are
advised to re seed the area with appropriate ground cover as the silt fence is only meant to be a
temporary erosion control device.
Please complete the requested action and contact this office once complete, to include
photos of the completed restoration. As stated in the earlier unauthorized notice, if you fail to
perform the requested remedial action, the Corps may take further administrative action or
consider forwarding the case to the U.S. Attorney.

i
_
v

-2-
Thank you for your time and cooperation in resolving this important matter. If you have any
questions or comments in this matter or any future permit inquiries, please me at [phone],
Wilmington Regulatory Field Office.
Sincerely,
Brad Shaver, Project Manager
Wilmington Regulatory Field Office
Copies Furnished:
Pittman Soil Consulting
Attn: Haywood Pittman
Post Office Box 1387
Richlands, North Carolina 28574
Jpanne Steenhuis
ivision of Water Quality
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Karl Hammers
Division of Land Quality
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

W ATF
`tt�e�OG
Return Receipt Requested
Certified Mail No. 7007 0220 0000 8216 6902
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
COICen 11. Sullins, Director
Division of Water Quality,
November 4, 2008
C.R. Peele
C.R. Peele Construction Company
462 Holly Shelter Road
Jacksonville, NC 28540 RE: Pour Points Minerals 42 Mine
Notice Of intent
Onslow County 'I
Dcar Mr. Peele,
Division representatives Ms.'s Joanne Steenhuis and Linda Willis conducted a site visit on September 18", G
2008. The visit was to evaluate the extent of wetland impacts based on the wetland delineation that had
recently been conducted. The Division understands that the delineation is complete and verified by the
USACOE.
This mine site is not currently covered under the NPDES General Permit NCG020000 for the mining
activities. Given the close proximity of the mine pit to the wetland boundary, an operation and monitoring
plan for the wetlands will have to be developed as required by the NCG020000 Permit. Division
Representative, Linda Willis had provided you with a Notice of Intent, but to date the Division has not
received the application. Please complete the Notice of Intent and submit it to the Stornnvater Permitting
Unit in Raleigh. The operation and maintenance plan will be required prior to any dewatering activities to
ensure that the hydrology of the wetlands adjacent to the pit is adequately protected. As a component of the
O and M Plan, you will be required to establish a 50-foot buffer from all wetland boundaries verified by
the USACOE. It shall be revegetated and established as an undisturbed buffer.
You must comply with the applicable terms and conditions of this Stormwater Pennit, and you are subject
to enforcement by the Division of Water Quality for any violations. Should you have any questions
regarding the attached Notice of Intent, please contact Linda Willis at 910-796-7343. Should you have any
questions about this correspondence, do not hesitate to contact me at 910-796-7215.
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
�C Ile'/�� �//h c_[[L r/E E zz
Y -57yV
S�cerely,
A. Signature
X ❑ Agent onal Supervisor
1r-B. ❑ Addressee r Quality
B. ,Received by (footed Name) C. Date of Delivery otectlon Section
J TS�C<-e
D. Is delivery address different from Rem 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. ,,,Sa��,,,e///rvice Type
Certified Mail ❑Express Mall
❑ egistered ❑ Rehm Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ ye$
Hennessey
N00 0amlina
all#
. Article Number as
7007 0220 0000 8216 6902 -
(r/ansler hom service label)
er
'S Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
s [phone] Customer Service
[phone] 1-877-623-6748

m

Michael 17. Easley, Governor it
i
William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
� Colcen II. Sullins, Director �
Division of Water Quality
Return Receipt Requested
Certified Mail No. 7007 0220 0000 8216 6902
C.R. Peele
C.R. Peele Construction Company
462 Holly Shelter Road
Jacksonville, NC 28540 RE:
Dear Mr. Peele,
November 4, 2008
Four Points Minerals 42 Mine
Notice Of Intent
Onslow County
Division representatives Ms.'s Joanne Steenhuis and Linda Willis conducted a site visit on September 18",
2008. The visit was to evaluate the extent of wetland impacts based on the wetland delineation that had
recently been conducted. The Division understands that the delineation is complete and verified by the
USACOE.
This mine site is not currently covered under the NPDES General Permit NCG020000 for the mining
activities. Given the close proximity of the mine pit to the wetland boundary, an operation and monitoring
plan for the wetlands will have to be developed as required by the NCG020000 Permit. Division
Representative, Linda Willis had provided you with a Notice of Intent, but to date the Division has not
received the application. Please complete the Notice of Intent and submit it to the Stormwater Permitting
Unit in Raleigh. "rhe operation and maintenance plan will be required prior to any dewatering activities to
ensure that the hydrology of the wetlands adjacent to the pit is adequately protected. As a component of the
O and M Plan, you will be required to establish a 50-foot buffer from all wetland boundaries verified by
the USACOE. It shall be revegetated and established as an undisturbed buffer.
You must comply with the applicable terms and conditions of this Stormwater Permit, and you are subject
to enforcement by the Division of Water Quality for any violations. Should you have any questions
regarding the attached Notice of Intent, please contact Linda Willis at 910-796-7343. Should you have any
questions about this correspondence, do not hesitate to contact me at 910-796-72 IS.
S erely,
�
Edward Beck
Wilmington Regional Supervisor
Division of Water Quality
Surface Water Protection Section
Enclosure: NCG020000 NOI
Cc: WiRO files NCG020000 Onslow
Central Files DWQ
Stormwater Permitting Unit/Raleigh/Bethany Georgoulias
NPS Assistance and Compliance Oversight Unit/Raleigh/John Hennessey
(WiRO/Joanne Steenhuis
NfN` Carolina
,}uraay
North Carolina Division of Water Quality 1617 Mail Service Cemer Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: w. nmvateroual iv or¢ Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal OpponunrylAKrmative Action Employer - 50% Recycle0110% Post Consumer Paper

�L.

�y
-
z .
_ �-j

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id.2008 2838 County Onslow
Notification of Unauthorized Activity/Permit Noncompliance CE_y,, Responsible Party: C.R. Peele Agent Pittman Soil Consulting
Attn: Randall Ramsey attn: Haywood Pittman OCT 1
109 Grimsby Place 1073-1 Gregory fork Road 2999
Jacksonville NC 28540 Richlands, NC 28574
Size and Location of Property (include waterbody, highway name/number, town, etc.) The property is located off Shamrock Drive
with the entrance to 4 Points mine located on the south just prior to the Canterbury Subdivision, Onslow County, North Carolina.
Description of Unauthorized Activity: Unauthorized filling of approximately 0.20 acres of wetlands. This letter is the result of
an October 1, 2008 on -site meeting which your consultant Haywood Pittman was in attendance.
Indicate which of the following apply:
X Unauthorized Activity River & Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 1311)
Unless you have a Department of the Army permit for the above- described activity, it is a violation of federal law as specified
above. You have agreed to do no further work in waters or wetlands without the required Department of the Army permit. Any
further unauthorized work in waters or wetlands will be considered an intentional violation of federal law.
If you do no further work in waters or wetlands, and perform the remedial action requested below, the Corps of Engineers will take
no further action in this matter. If you continue to work in waters and wetlands without the required authorization, and/or fail to
perform the requested remedial action, the Corps will take further administrative action, and may request the U.S. Attorney to file
suit against you. If you need further information about the Corps of Engineers regulatory program, please contact me at (910)
251-4611.
Remedial Action Requested: The unauthorized fill located on the southwest side of the existing mine was identified by pi
wetland delineation ribbons marked in the field on October 1, 2008. This unauthorized fill should be removed with a smooth
bucket (toothless bucket to eliminate disturbing the buried root mat) and placed behind the wetland line toward the existingpit.
A silt fence should be installed along the wetland line to keep material from migrating back into the wetlands. This work should
be completed within two weeks of receint of this correspondence Once complete please either send via mail or email pictures
of the completed restoration to my attention at the Wilmington District Office The mailing address is P O_ Box 1890
Wilmington, NC 28402-1890 and my email address is brad.e.shaver @saw02.usace.army.mil. If you need any clarification of
this correspondence please don't hesitate to give me a call at 910-251-461 1.
Your signature acknowledges receipt of this notification.
Property Owner/Responsible Party Signature
Project Manager Signature
Date October 6 2008
cc: NCDENR, DWQ Joanne Steenhuis 127 Cardinal Drive Ext. Wilmington, NC 28405
NCDENR, DWQ Linda Willis 127 Cardinal Drive Wilmington, NC 28405

31�L0
ZO&
`
r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
March 28, 2008
CERTIFIED MAIL 7007 0220 0000 8223 4168
RETURN RECEIPT REQUESTED
NOTICE OF DEFICIENCY
C.R. Peele
C.R. Peele Constriction Company
462 Holly Shelter Road
Jacksonville, NC 28540
RE: Minim Permit No. 67-56
Four Points Minerals 92
Onslow County
•
While Oak River Basin
Dear Mr. Peele:
v
On March 27, 2005, an inspection of the subject mine was performed by Karl Hammers of this office. A
copy of the inspection is enclosed. Several deficiencies were observed that require your prompt attention.
The deficiencies discovered and the necessary corrective actions are as follows:
1. Operating Condition #3A. Sufficient Buffer (minimum 50 feet) shall be maintained between any
affected land and any adjoining waterway or wetland to prevent sedimentation of the waterway
or wetland from erosion of the affected land and to preserve the integrity of the natural
watercourse or wetland. — There is material within the tree line which is shown on the plans as
the edge of affected land. The material shall be removed from the buffer in a manner that
will not damage the buffer.
2� Operating Condition # 5. All mining pennit boundaries shall be permanently marked at the site
on 100 foot intervals unless the line of sight allows for larger spacing intervals. The markers
appear to have been buried by the material in the buffer. The permit boundaries shall be
permanently marked once the material has been removed from the buffer.
`,IIf the previously described deficiencies are not corrected within 30 days following your receipt of this
Notice, this matter will be referred to the Director, Division of Land Resources, Department of Environment
and Natural Resources, for the issuance of an official Notice of Violation in an effort to secure compliance at
the site.
Wilmington Regional Office
127 Cardinal Drive Ext, Wilmington, North Carolina 28405-3845 • Phone: [phone] FAX: [phone]

Letter of Approval
uFirstNameu «LastNamen
<plan action.action. date>
Page 2 of 2
CERTIFIED MAIL
Page 2
Do not hesitate to contact Karl Hammers or me at [phone] regarding any questions you may
have about this matter.
Sincerely,
Carol Miller, CPESC
Acting Regional Engineer
Land Quality Section
Attachment: Mine Inspection Report
cc: State Mining Specialist
,Division of Water Quality

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(]'ERMIT'1'1,--D MINE)
1. MINE NAME Four I?oints Minerals#2 2. MINING PERMIT # 67-56
3. OPERATOR C.R. Pecle Construction Company
4. COUNTY Onslow 5. ADDRESS 462 Holly Shelter road Jacksonville, NC 28540
6. PERMIT EXPIRATION DATE 8/l/2012 7. RIVER BASIN
White Oak
8. Person(s) contacted at site Charles Carter Jr.
9. Was mine operating at time of inspection'? I ❑ Yes N No 10. Pictures?
N Yes ❑ No
11. Date last inspected: 3/9/08 12.' Any mining since last inspection?
N Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit?
❑ Yes N No
If no, explain: 3A. Sufficient buffer (50 feet undisturbed) shall be maintained between any affected land and
any adjoining wetland.- The affected area appeared to be immediately next to or impacting
wetland. 5. All
mining boundaries shall be permanently marked at the site unless the line of site allows for larger spacing
intervals. -The boundary markers appear to have been buried during mining activity.
One marker was located
protntding from a sediment pile.
14. Is the mine in compliance with the Reclamation Conditions of the Permit?
N Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? �1 Yes U No If yes, describe the
type and severity of the damage: Possible damage to wetlands on site. Joanne Steenhuis from Water
Quality Division will be asked to visit the site and determine if there are wetland impacts and what actions '
need to be taken if wetland impacts have occurred. Buffer has been impacted.
16. Corrective measures needed and/or taken: The map indicates that the mining boundaries is the tree
line that existed at the time of the permit being issued. The material needs to bea>ulled back to the existing
tree line in a manner that will not damage the area at or beyond the tree line. Pernanenth, mark the mining
Permit boundaries so they can be reviewed by Water Quality and/or the Arm), Corps of Engineers.
17. Other recommendations and comments: A complaint was received about dust leaving the site.
At the time of the inspection no trucks were hau]inQ but there were dusty conditions on the haul road leaving
the site. During mining operations water trucks or other means need to be utilized to prevent dust from
18. Is the Annual Reclamation Report+/- map accurate? ❑ Yes
No (Lxplain) N Not Reviewed
19. Follow-up inspection needed? N Yes ❑ No Proposed date April 22, 2008
20. No. of additional pages of lnspection Report 21. Copy of Report sent to operator 3/28/08
INSPECTED BY: Karl Hammers DATE 5/10/08
Telephone No: 910-796-7372
Copy to file Copy to operator Copy to Mining Specialist
Copy to Water Quality Division

03/080'2006 14:41 9197158801 NC DENR DLR PAGE 03
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, 'The Mining Act
of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws,
rules and regulations
Permission is hereby granted to-
C. R. Peele Construction Company, Inc./Four Points Minerals
Four Points Minerals Mine No. 2
Onslow County - Permit No. 67-56
for the operation of a
Sand Mine
which shall provide that the usefulness, productivity and scenic values of all
lands and waters affected by this mining operation will receive the greatest
practical degree of protection and restoration.
MING PERMIT EXPIRATIQN DATE August 1. 2012

03/08/2006 14:41 9197158801 NC DENR DLR PAGE 10
n
FFR 7 1 7R.90
State of North Carolina
Department of Environment, Health
and Natural Resources
Division of Land Resources -
Land Quality Section
;� RGGLA.rv�nTloN
P.O. Box 27687
Raleigh, North Carolina 27611-7687
(919) 7334574
Revised 3/96

03/08/2006 14:41 9197158601 NC DENR DLR PAGE 11
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERNU T
(PLEASE PRINT OR TYPE)
Name of Mine Four Point Mi Horn 7 c M' n nt rr County Onslow
2. Name of Applicant*
3. Permanent address for receipt of official mail**
Telephone" (91 O)346-2047
4. Mine Office Address Sams Pc nhnum
Telephone amP
5. Mine Manager C.R._ Peele
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.
Date / " 1..5 - OlD
Print Name_ _cam _ P,a l e
Title _T.PAgPP
* This will be the name that the mining permit will be issued to and the name that must be indicated o the
reclamation bond fsecurity) 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, withhtn 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.

03/08/2006 14:41 9197150801 NC DENR DLR PAGE 12
APPLICATION FOR A MINING PERMIT
® NQM- All of the following questions must be thoroughly answered with regards to your mining
operation for the intended life of the opine. All responses must be clearly conveyed on a corresponding,
detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
Answer &11 of the following that apply:
a. If this is an application for a NEB permit, indicate the total acreage at the site to be covered
by the permit (thus is the acreage that the "new permit" fee will be based upon):12.6
Of this acreage, how much is owned and how much is leased? Acres owned: n Acres
leased: 1 2 r, Property owner if leased: R n n A A i 1 w Rams-y
b. If this is an application for RENEWAL of a mining permit, indicate the reining permit number
and the total (overall) acreage covered by the existing permit: Mining Permit No.: N / n
Total permitted acreage (this is the acreage that the "renewal" fee will be
based upon): N/A
e. 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.: N/ A Total permitted acreage: m i a
Does the modification involve acreage within the previously approved permitted boundary?
Yes No x If yes, indicate the acreage to be covered by this modification (this is the
acreage that the "major modification" fee will be based upon): N/A
Does the modification involve acreage outride the previously approved permitted boundary?
Yes No�. If yes, indicate the additional acreage to be covered by this
modification: NIP_ (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 (disturbed,
ground cover removed) by the mining operation? Yes_ No_ (if no, a "minor modification"
tee of $50.00 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): N/A
d. 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: N / A
® SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT
TO HE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE
NOTED ABOVE
2. Indicate the approximate longitude and latitude, in degrees -minutes -seconds, of the center of the.mine
site: LONGITUDE (dd-min-ss): 779 — �,721L_ti, Quadrangle:Jacksa vi?lp Nnrth N
LATITUDE (dd-mm-ss): 1.4 o 7 2 ;�,, ,.,f '
3. Name of all materials mined: Sand /�

03/08/2006 14:41 9197158801 NC DENR DLR PAGE 13
APPLICATION FOR A MINING PERNUT
4. Mining method: Hydraulic Dredge Front-end Loader & Truck x_ .Shovel & Truck x
Dragline & Truck Self -loading Scraper Other (explain)
5. a. Expected maximum depth of mine (feet) 12Reference elevation: 6'
b. Expected average depth of mine (feet) 10,
6. Has any area(s) at this site been mined in the past? Yes_ Now If no, proceed to Question 7.
a. Acreage of previously affected land(s) at present site that has not been reclaimed:
acres (identify all areas on your mine map(s)).
b. When and by whom was this activity conducted.
c. . Acreage of previously affected land at present that has been reclaimed: acres
(identify all areas on your mine map(s)).
d. When and by whom was this activity conducted?
e. Do you wish to exclude any areas noted in 6a or c from this permit application?
Yes— No_. If yes, how much? acres (identify all areas on your mine map(s)).
7. Present (pre -mining) use of the land (estimate acreage for each):
Cropland acres Pasture 12.6 acres Forestry acres Fish/Wildlife acres
Recreation acres Other acres (Specify use:
8. Proposed land use after mining and reclamation has been completed (estimate acreage for each):
Cropland acres Pasture acres Forestry acres Fish/Wildlife -1.7_-facres
Recreation acres Other acres (Specify use: 1
9. Number of years for which the permit is requested (10 years maximum): 10
B. MAPS
1. Four (4) copies of the county highway maps and four (4) copies of all mine maps and reclamation
maps shall be submitted with each permit application.
County highway maps may be obtained from:
Location Department
State Highway Commission
Raleigh, North Carolina 27602
[phone]
Clearly label and mark the location of your mining operation on the county highway maps.
-3-

03/08/2006 14:41 9197158801 NC DENR DLR PAGE 14
APPLICATION FOR A WiING PERMIT
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 analong with their corresponding (approximate) acreage. As a reminder, mining
permits conly 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 perm' boundares.
C. Initial and u Umate limns of clearing and grading.
d. Outline and width of all buffer zones (both undisturbed and unexcavated).
C. Outline and acreage of all pits/excavations.
f. Outline and acreage of aA 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 adjoining land.
p. 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
S. Name and title of person preparing map
Map scales must, at a minimum, meet the following guidelines:
PERMITTED ACREAGE MAP SCALE
0-99 Acres 1 inch = 50 feet
100-499 Acres i inch = 100 feet
500+ Acres 1 inch = 200 feet
H

03/08/2006 14:41 9197158801 NC DENR DLR PAGE 15
APPLICATION FOR A MINING PERMIT
A table/chart must be provided on the mine map that clearly lists the approximate acreage of
tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other
major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining
permit. A table/chart similar to the following will be acceptable:
CATEGORY
AFFECTED ACREAGE
Tailings/Sediment Ponds
D
Stockpiles
Wastepiles
Processing Area/Haul Roads
0- 7AC
Mine Excavation
12.6 Ac.
Other
6.8 Ac.
Total 20.10 Ac.
_MOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SiT,
SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING
QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED
THROUGHOUT THE FORM. THIS APPLICATION WELL NOT
BE CONSIDERED COMPLETE E WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY
ADDRESSED ON THE MINE MAPS.
-5-

03/08/2006 14:41 9197158801 NC DENR DLR PAGE 16
APPLICATION FOR A MINTING PERMIT
C. PROTECTION OF NATURAL RESOURCES
a. Will the operation involve washing the material mined, recycling process water, or other waste
water handling? Yes- No_-x_. If yes, briefly describe all such processes including any
chemicals to be used.
b. Will the operation involve discharging fresh or waste water from the mine or plant?
Yes_ Now . If yes, briefly describe the nature of the discharge and locate all
proposed discharge points (along with their method of stabilization) on your mine map(s).
c. Will any ppaartrt of the proposed mine excavation(s) extend below the water table?
Yeses Igo_. If yes, do you intend to dewater the excavation(s)? Yes Now. If yes,
what impact, if any, will mine dewatenng have on neighboring wells? Locate all existing wells
on the mine map(s) that lie within 500 feet of the proposed excavation area. Provide data to
support any conclusions or statements made. Indicate whether the proposed mine locale is
served by a public water system or private wells.
d. If the mine will extend below the water table, what is the pre -mining depth (in feet) to the
seasonal high and low ground water tables? High 3 ' ± ft. Low 6 ft. What is the, source
of this information? per Owner's Dug Holes
e. 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, etc.) from the
Division of Environmental Management, Water Quality Section.
N/A
0

03/08/2006 14:41 9197158801 NC DENR DER PAGE 17
APPLICATION FOR A MZ1v-ING PERMQT
2. a. Will the operation involve crushing or any other air contaminant emissions?
Yes No If yes, indicate evidence that you have applied for or obtained an air
quality permit issued by the Division of Environmental Management, Air Quality Section, or
local governing body.
b. How will dust from stockpiles, haul roads, etc., be controlled?
Use of water tanker on Haul Road.
3. Describe in detail the chronological sequence of land disturbing activities and reference the sequence
to the mine map(s). Attach additional sheets as needed.
Haul Road rocked and silt fence installed to protect
wetlands area. Temporary diversion swale,sediment traps
plus Rock. C;)eck Dams installed Mine area - remove root
material/ small vegetation. Maintain erosion sedimentation
devices.
4. 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 shall be required when needed to
justify the adequacy of any proposed measures.
1,520 L.F. of silt fence to.protect from Haul Rd;
10 sediment traps with associated Rock Check Dams
and rip rap Aprons to maintain sediment on site
(see plans)
-7-

03/08/2006 14:41 9197158801 NC DENR DLR PAGE 16
APPLICATION FOR A MINING PERMIT
5. a. How wide a buffer will be maintained between any mining activity and any adjoining permit
boundary or tight -of -way? Buffers must be located within the permit boundaries. Buffers along
permit boundaries must be, at a minimum, unexcavated buffers. Show all buffer locations and
widths on the mine map(s).
50' = natural, undisturbed, wooded buffer area.
b, How wide a buffer will be maintained between any land disturbing activities within the permit
boundaries and any natural watercourses and wetlands? Buffers along natural watercourses and
wetlands must be undisturbed. Show all buffer locations and widths on the mine map(s).
50,
6. - . a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries
during mining.
Minimum of 3.1 side slope.to prevent instability or landslides.
b. Describe other methods to be taken during muting 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,
Site is isolated and there are no structures located
within 300' of the proposed mine site.
In

03/08/2006 14:41 9197158801 NC DENR DLR PAGE 19
APPLICATION FOR A MINING PERNUT
c. 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).
Private controlled access road to mine. cable gate
locking device. " No Trespassing " signs will be posted.
d. Provide a cross-section on the mine map(s) for all fill slopes (bemu, wastepiles, overburden
disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any
benches and/or slope drains (with supporting design information) rf needed, and the method of
final stabilization.
3 to 1
e. In ercavation(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).
3 to 1
f. In hardrock excavations, Specify proposed bench widths and heights in feet. Provide cross -
sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety
benches and mine benches, and the expected maximum depth of the excavation.
N/A
7. Are acid producing minerals or soils present? Yes No__X_
from the excavation, stockpiles and waste areas be controlled?
0
How will acid water pollution

03/08/2006 14:41 9197158801 NC DENR DLR PAGE 20
APPLICATION FOR A MINTING PERNIIT
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 spacings, sues and species for tree plantings.
[Natural tree buffers Will shield mine at all times.
Willexplosives be used? Yes_ _ No x . If yes, specify the types of explosive(s) and describe
what precaution(s) will be used to prevent physical hazard to persons or neighboringproperty from
flying rocks or excessive air blasts or ground vibrations. Locate the nearest o yite occupied rs
structures) to the proposed excavation(s) on the mine map and indicate its approximate distance to
the proposed excavation.
10. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes_ No_x_ ... If yes,
describe these materials, how they will be stored and method of containment in case of spill.
Indicate the locations) of all storage facilities on the mine map(s).
11. Are any processing waste, overburden or other such mine wastes to be disposed of off -site?
Yes— No x , If yes, describe in detail what these wastes are and how they will be disposed.
Attach a separate site map(s) showing the location(s) of the disposal area(s). Include all
specifications for erosion and sediment control.
10-

03/08/2006 14:41 9197158801 NC DENR DLR PAGE 21
APPLICATION FOR A MIlNING PERMIT
D. RECLAMATION PLAN
1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and
indicate the general methods to be used in reclaiming this land. This information must be illustrated
on a reclamation map and must correspond directly with the information provided on the mine
map (s).
Reclamation of land is ongoing. Slopes will be seeded and
jute mulch used to control erosion. Tailing ponds will be
stocked with fish.
2. a. Is an excavated or impounded body of water to be left as a part of the reclamation?
Yes x No If es, illustrate the location of the body(s) of water on the reclamation
map and provide a scaledycross-sections) through the proposed body(s) of water. The minimum
average water depth must be at least 4 feet 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? Yeses No . If yes, specify species.
Catfish, brim and bass.
b. Describe provisions for prevention of noxious, odious or foul water collecting or remaining in
mined areas. Provide details and locations of any permanent water outlets on the reclamation
map.
Surface water to be released to temporary diversions and to
sediment traps/ rock check dams.Vegetation to be established
to deal with collection of water and later introduction
of fish to deal with causes of foul, odious noxious water.

03/08/2006 14:41 9197158801 NC DENR DLR PAGE 22
APPLICATION FOR A Mr'QNG PERMIT
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. Construction details and locations of
all permanent barricades. must be shown on the reclamation map.
Controlled or limited access, gates and No Trespassing signs.
4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine
waste areas, including specifications for benching and sloping. Final cross -sections and locations
for such areas must be provided on the reclamation map.
N/A
5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways.
Roadway will be maintained and stockpiles will be leveled
and seeded.
b. Will any on -site roadways be left as part of the reclamation? Yes No . if yes,
identify such roadways on the reclamation map and provide details on permanent ditch line
stabilization.
The Haul Rd. (shown on Plan ) will remain for future use.
Ditch stabilization contained in sedimentation/ erosion control
permit and on plan_ (Shown on Plan)
12-

03/08/2006 14:41 9197158801 NC DENR DLR PAGE 23
APPLICATION FOR A MINING PERMIT
6. Describe the method of reclamation of settling ponds and/or sediment control basins.
Stocking of ponds and vegetation filter for sediment traps.
7. 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 to The Mining Act of 1971). No
off -site generated waste shall be disposed of on the thine site without prior written ap -oval
from the NC Department of Environment, Health, and Natural Resources, Land f1uality
Section and either the Division of Solid Waste Management (DSWM) or local governing.body.
If a disposal permit has been issued by DSWM 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 ofitems to be disposed in said
areas.
Haul off to local landfill or to scrap yards.
Indicate the method of restoration or establishment of any permanent drainage channels to a condition
minimizing .erosion, siltation and other pollution. Provide design information, including ry ical
n
cross -sections, of any permanent channels to be constructed as paof the reclamation plan Icate
the locations) of all permanent channels on the reclamation map.
N/A
Provide a schedule of reclamation that indicates the sequence of reclamation and approximate time
frame. If reclamation is to be accomplished concurrently with mining, then clearly indicate on the
mine maps) and reclamation map each segment that is to be mined and reclaimed during each year
of the permit. Add drawings showing typical cross -sections and final features of the proposed
reclamation.
N/A
13-

03/08/2006 14:41 9197158B01 NC DENR DLR PAGE 24
APPLICATION FOR A MINING PERMIT
10. 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 permanent ievegetation and, if necessary, temporary revegetation. Revegetation
utilizing only tree plantings is not acceptable. NOTE: The Revegetation Plan roust be approved
and signed y one of the following:
a. Authorized representatives of the local Soil and Water Conservation District;
b. Authorized representatives of the Division of Forest Resources, Department of Environment,
Health, 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, Health, and Natural Resources;
f. Others as may be approved by the Department.
LIME - RATE OF APPLICATION (tons/acre):
FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre):
SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING
SCHEDULE (pounds/acre):
Summer (APril 1 - Sept 1)
Fescue (60lbs/ Ac.)
Bahia (30lbs/ Ac. )
Bermuda (10lbs/Ac.)
German Millet (10lbs/ Ac.)
Winter (Sept 1 - APril 1)
Fescue (60lbs/Ac.) Temporary Grassina
Bahia ( 30lbs/Ac.) Summer Winter
Bermuda (10lbs/Ac.) German Rye 1001bs/A
Rye (80lbs/Ac.) Milet
(40lbs/Ac.)
MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF
ANCHORING: Crimping or discing on flat 3.1 slopes.
OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING
SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc):
Revegetation and o refore tai laic approved by:
Signature
Print Name gy P r
Title Civil Engineer
Agency PArker & Associates., Inc
Date ol-0-t000
r ' SEAL
14- 14575
Pa

03/08/2006 14:41 9197158801 NC DENR DLR PAGE 25
APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The fbllowin bond calculation worksheet is to be used to establish an appropriate bond (based upon a
range of $50 to $5,000 per affected acre) for each permitted mine site based upon the acreage approved
by the Department to be affected during the life of the mining permit.
AFFECTED
CATEGORY
ACREAGE
Tailings/Sediment Ponds
0 Ac.
X
Stockpiles
0 Ac.
X
Wastepiles
0 Ac.
X
Processing Area/Haul Roads
0.7 Ac.
X
Mine Excavation
12.6 Ac,
X
Other Buffer
6 �_ Ac.
X
TOTAL AFFECTED AC.:
20.10 Ac.
proposed/existing excavation and/or b) affected acres that wil
be needed to prevent offshe sediment.
a) Internal Drainage _ 1 2.6 Ac.
b) Positive Drainage . Ac. X
RECLAMATION
COST/ACRE
$ /Ac.
$ /Ac.
$ /Ac.
$ /Ac.
$ . /Ac.
$ /Ac.
RECLAMATION
COST
two categories: a) affected acres that drain into
be graded for positive drainage, measures will
$1500 / Ac. = $
SUBTOTAL COST: $
Inflation Fact r•
0.02 X SUBTOTAL COST: $ X Permit Life (1 to 10 years):
pULATION COST: $
TOTAL COST = SUBTOTAL COST + INFLATION COST =
TOTAL RECLAMATION BOND COST: _ $
(round down to the nearest $100.00)
-15-

03/08/2006 14:41 9197158801 NC DENR DLR PAGE 26
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 to all landowners who are adjoining (contiguous to) the permit boundaries as indicated on the
mine map(s). The only exception to the above 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 land 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.
NOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW
MINING PERMITS AND FOR PERMIT MODIFICATIONS THAT ADD ADJACENT
LAND TO A MINING PERMIT.
® SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF
NOTIFICATION"
-16-

03/08/2006 14:41 9197158801 NC DENR DLR PAGE 27
NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
r a PPP1 P has applied on January 12, non
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 2761I, for (check one):
(a) a new surface mining permit
(b) a modification to add adjacent land to an existing surface mining permit
The applicant proposes to mine Sand on 1 2 a acres located
(Mineral, Ore) (Number)
3_8 MW of Jacksonville
(Miles) (Direction) (Nearest Town)
(Gum Branch
off/near road _ _�tt! nngl oc�
(Road Numbe e) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS'
In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all
owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site 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 are 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 further information
call [phone], Please note that th D artment will consider any relevant written
Onslow County Planning Dept,
604 College St.
Reid Tune ail Jacksonville, NC 28540
(Addressee's Name and Address)
, sua ivy" nit
(Date of Issuance of this Notice/Mailed to Addressee).
C.R_ ➢ePlo
(Name of Applicant)
462 Holly shelter Rd_ jack=,n.,vi7lP� Nc
(Address of Applicant) 28540
-17-

Print this form to PDF Return PDF of this form to DLR CO by email. cc DLR RO, DWQ SPU. Send a copy to the permittee
Recycle systems that do not meet those criteria are considered discharoing systems and are subject to the NCG020000 discharge
permit.
**To obtain 7Q10 flows, permittees must contact the DWQ Stormwater Permitting Unit. If DWQ does not have a flow estimate for a
specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for
more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies.
*** If there is not enough information to give a complete answer, write in the space provided what you will need to answer this question
completely. If you require DLR to hold the permit until further notice indicate that in the question below.
Reviewed bv:
DWQ RO Surface Water: Regional Office: Date: _
RO Aquifer Protection Section: Regional Office: Date
SPU DWQ Central Office Reviewer (if applicable):
Ray Rant.mhPr gnin

Water Resources Research Institute
www.ncsu.edu/wrri
l(d�anG" Swale
w)f— (nl.AJi rv— LVY—LL - �al;
7if ca el�Lt�Jc✓ (� �,?G�.zj l
0 <$�� �w.,, e y_fa,,, f ��d'��C 3_ 0 `/ ae ' c ti
rwr�-
I
�..) GL^� G(( <t,l _�a�S .,•• N/,way uc SL„/wi/ rvt ,_../../.,
I"+ rf,/, 1, 1, fKS-W
LI/J�w -e-4 -. i(I-C jrG,— , i$jC
Jv
(. � -; // �/

September 17, 2009
Calculation of Staff Enforcement Costs FY 2009-2010
As the current fiscal year began, the State made annual adjustments of its contributions to
employees' health benefits and the State retirement plan. These adjustments have changed the
formula we use to calculate an employee's "hourly rate," based upon his or her total
compensation package. The "hourly rate" (multiplied by the number of hours a staff member
works on an enforcement action) is used to calculate the employee's enforcement costs
associated with civil penalty assessment cases.
Effective immediately, and until further notice, staff should use the following formulas for
calculation of their hourly compensation in determining the staff portion of enforcement costs.
For State or Receipt funded positions, the following formula is used:
x + (0.0765)x + (0.0875)x + 4,527 + (longevity%)x
2080
For Federal funded positions, (partially or fully), the following formula is used:
x_+ (0.0765)x + (0.0875)x + 4,527 + (0.105)x + (longevity%)x
2080
x = annual salary
If applicable; longevity percentages are:
0-9 years = 0
10 — 14 years = 1.5% = (0.015)
15 — 19 years = 2.25% = (0.0225)
20 — 24 years = 3.25% = (0.0325)
25 years or more = 4.5% = (0.045)
(longevity%) = 0.015, 0.0225, 0.0325 or 0.045 for above calculations
State Contributions 2009-2010
Social Security: 7.65%, Retirement: 8.75%, Medical: $4,527
If you have any questions, please call Kevin Bowden at [phone].

MC-99t (OTA) "A — i'T*Z-99t (M) 0uOgd OHN 199Z-919066S "ON 80f
9Z80—T398Z - funo D XnJON IDUTAUG'"oej 9MO 3NIN-d80 3NVN3113
400-nS 09P1JH naN 90C - 946 XOG '0'd C09 aVOV :3NVN NSIO
s.><auuvj(j puvl[ - saoXoAdns purl - movujfuZ ftnjnsuoZ) V/ N : N008 01313
(:D
auI sa��iaossy � .�a�.z�ed
1333 '09 = . ITv3s
Opt oz I 09 0� o a 000z/ L l/ � � 31 d 0
,09=„ L d S OIHdd� A3SY41VH 3 ANNHo 80A 6L61 '0£ 118dV 031VO
'S'I'8 '831NVI N3O8V8 A8 dVN A3A8nS ('Z
OV99Z •O'N '37IANOSAOW 9d '� a'a ('1 (OM11OV81)
''
OVOd �AIIIHS /kT0H Z9tV Tb`�
Wiio diSN00 3133d d 30N383338
'SIVYW3 N S1N10d dno�
VNM3 IVO HAON ',,An00 MMSNO13k/14,91
���''•
3OV71A A00HhVHS (INIH38 ';`�,,oc s':q--.�'�'•�
Zo
�•ON INIW `SdH3NM SIN10d �jno-j .6� �o
Q o.a:
NV -Id IlIS IINIW w/01d00
•Ynla""""
-1I3M H011NON - M V4 \.
M088V M03.3
3NI3d3l.N30 —
AV3b8 30V89 — 80
L # dVNl 1N3N103S — L # 1S
WVQ A03HO A008 — 008
Ti V3av a:
383d Ugan1SIQ 83d 'A'O L'99 - a8VGNIIS NOIS39
Q16
X M,ZT
X -1192
tb£
91
01#
Q,£
X M,£Z
X I,SL
L6T
8'2
6#
Q,£
X M,SS
X 11001
ObZ
°'E
8#
016
X M,bI
X I,Ob
09
6'0
L#
Q,£
X M121
X I192
bE
9'0
9#
Q,E
X M,9
X I,Tb
LZ
b'0
S#
Q16
X M191
X Tor.
L8
Ell
b#
Q,£
X M,OZ
X I109
L21
6'T
E#
Q,£
X M,8
X 1192
02
£'0
Z#
Q,E
X M18
X -I,SZ
OZ
E'0
I#
(H1d3Q X
HIGIM
X H1ON3I)
(SQBVA 3I8n3)
(S383V) V38V
# dv81
3ZIS
3Wn-10A
Q3H8n1SIO
1N3WIQ3S
18VHO dVNI 1N3WI93S
OVO8 301S HOV3
SONV113M AVIS
I3 97+9 VIS
/ T11+9 'V1S
t�
+� (03a33N .IN-iK*) E
I \
/ aT"r Ol lON
\� v3av Hs8vw/saIIVl13MRYU
)DONt
� + 103108d oa ovoa
,Knew Mom w wr io.w w AS \ \\ \ M3N 30 30a3 �0 .9
/ woos+► nwowo nswn wwom wN s orawo ■wo IaEf +
30N33 111S "lVISNI
�+
V 11 NO1ID3S / 8-8 NOLL03S V-V NOLL33S \ \ \\\
O0OM31ONV1 'S�: 101 / / roll
vc
'Od >. id - ,�NNWH1 \
N003 AONVN
V 3 30NV8nvl // /� a Mov , , �t/► \ \ \\
'I
,9 'l3NNVHO \ •—♦ I�VLLJ3J
-- r M31A NVId Tc \ \
i
r \
r r Od 8 N (INV I 3Nois eN313 o NVa NYa3f -ua 11@Ool dVlLL
'9d '8'N 83d 13NNWHO i0 RUM -0 \ � •p
i 1N3N3SV3 SS300V 0� HLOVA rwa NO3H0 - M Gz/` `
SIT
Nsrws z< \ \ AWTWA
V
N91S V 08V0 „9 \ �
JNISSVdS3a1 ON H11M ovoa
v A001 HIVA InVH 3.51
31V0 318V0 \ \
3Nws ca I � 9 I r`'O�,h
4�%4 \
ydbJ+ \ +\
(du) V3av 8333n 3 >,+
~- o30)0M 0388n1SIQN 1 S\
'IVan1VN ,09
NOadY I
dY8 d18
30V: !J IVan1VN '
Ol 13I1n0
031On81SN0O 38V A3H1 SV NOOS SV
03SSV89 38 INNS N838 ONV 3IVMS I N
3IVOS 01 ION
'sapo.l6 4SIu1I aA1j!SuaS ;oa;oid o} Ion-ilsuoO
31VOS 01 10H
o'er
F-9 _
WMv"at
.w>rwr a.n
AW"W ~
t+Wa"m►s
dw► l A fans.
»>w r.
�-dk
�8
\� faal M1MIa
v
I�MM o�1 yp��Ni�r fww dw dill
f Ol M �11�0 wall
sw falaw u
— i+
r- CO
z CO
Cn
z
D
S
�. J RM
dw
A3SNV8 'M IVONVB
I
S1N3W3? im3d IVNOIIIaGV
803 IIW83d ONINIW QMd NOIIVOI3ddV ONINIW 33S
'L
' NMOHS SV (133-1d1SN I 3a
01 SWVa A33HO NOON H1IM S31VMS NOIS83AIa AdVdOdW31
9
(69ET 'N'S) 3AI8a A308WVHS JAO AVM-30-1HOIN ONI1SIX3 3H1
QN I H3H , 0 T A-131VW I XONddV `avoN inVH 13AVND T , 8 T 3H1 30
18VIS 3H1 ld G311VISNI 39 -1-11A 31d0 10dINOO SS333V NV
'S
' 1NVOI lddV 3NIW 3H1 AH
O3N I ViN I dW 39 01 GVOb S I H1 'avail IndH I3AVdg T,81
3H1 3❑ ON3 3H1 IV 39 IIIM 3NIW 3H1 01 30NVSIN3
�
'31IS 3NIW O3SOd❑8d 3H1 30
d313WId3d 3H1 QNnodv Q3NId1NIdW 39 33IM V3dV
8311na a3H2ln1SIQNn 'a31VAVOX3Nn ivdniVN AS b
'E
' Q3AIMOO NOI1Vd3dO ONIdV313 33NO S3dnSV3W
•10dIN❑O NOIS❑d3 QNV NOIiVIN3WIa3S 33d 13naiSNOO
'Z
37106 Ol ION
' (avod 3nVH NO d3dV d3J3na 9N I an33N I
KUTTITMM ITl.M,I
ION) S3d3V 9'21 A131VWIXOdddV ONI V101 31IS
"uN NOLLD�
ON I N I W M3N O3S❑dOdd SMOHS NV3d 31 I S S I H1
T
S,as 3VVLS-No" MU
a3NWr03r Hid3a YLtx3 ,t►I�R
NIN .Yl
3w aNrKW 34"YA,a t=
NOLLYs'>: N NOKOl13
TUXMI
' SNO I iV83dO 9N I N I W 9N I dna Q3MO11V
— HIM 3w 030131M
SQNd113M O1N I AdiN3 80 d3dV a333na 30 ON I dV313 ON
ORWA kulu isod N30wm
Hi
' d38d 8311na a3000M a3Han1S IQNn ' iv8niVN .09
H►ONMS WY►X3
HM 3w iraru:
9N I l I S I X3 3a I Sin❑ 31 I S 9N I N I W QNno8dnS SGNVI13M
IV
wow" 133d 9 (L
vo
' 266 T ' b
MM Wwocv'fl""13i 9 (►
d3HW3AON 31va 3A I 133333 ' 3 0610 0 b£0 LE NdO d3d
�T1N6S180d
N30000i N0i OWY46
3NOZ ..V. U839wnWn. NV NIHIIM SI 31IS 3dI1N3
E
' 66-6Z-01 NO ON I ' ' OOSSV I N3AdVd Ag NOI IVA83S9O
3dnSIA WOdJ QNV '16-bT-9 G31va AId3dOdd SIHl 30
�,•
A3A8nS idniov A NOIiVWb03NI 3IHdV89OdO1
.2
HIM lwa a `
' T6-bZ-L Q31t/Q ' ONI `S31b'I30SSt1- QNd
'IIeR
idVM31S ' 3 S3WV AH 3NOQ ddW A3AanS 31I S
„vNs .a,ana
W❑NJ N3AVI NOIlVW80ANI ANVGNnOH Ald3d❑Nd
T
Temy"aaown,
N3►LLo YO S150d m3w000tl
." M .Z ■ .L frw m
cn
U)
Qo
ry
0
0
0