Fax - 8/10/1993

STATE OF NOR77I CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
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DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
P.O. BOX 27687
RALEIGH, NORTH CAROLINA 27611
(919) 7334574
FAX NUMBER: 733-2876
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STATE OF NOR77I CAROLINA
DEPARTMENT OF ENVIRONMENT, HEAL 7H,
AND NATURAL RESOURCES
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DEPARTMENT OF ENVIRONMENT,
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
P.O. BOX 27687
HEALTH AND NATURAL RESOURCES
RALEIGH, NORTH CAROLINA 27611
(919) 7334574
FAX NUMBER: 733-2876
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COMPANYIDEPARTMENT.
PHONE NO.:
FAX NO.:
COMMENTS:
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Mr. Bill H. Cecile,
Radford Quarries of
P.O. Box 1114
August 11, 1993
President
Boone, Inc.
North Wilkesboro, North Carolina 28659
RE: Bamboo Road Quarry
Watauga County
Dear Mr. Cecile:
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The application for a mining permit for the Bamboo Road
Quarry in Watauga County has been found to meet the requirements
of G.S. 74-51 of The Mining Act of 1971. As your company has
recently submitted the required $12,500.00 reclamation bond
sufficient to cover this application, I am enclosing the mining
permit.
The conditions of Mining Permit No. 95-03 were based
primarily upon information supplied in the application with
conditions added as necessary to insure compliance with The
Mining Act of 1971. This permit expires on &ugmst 11, 2003.
Please be advised that G.S. 74-65 states that the issuance
of a mining permit does not supersede local zoning regulations.
The responsibility of compliance with any applicable zoning
regulations lies with you.
As a reminder, your permitted acreage and the amount of land
you are allowed to disturb at any one time at this site are both
16.5 acres, as indicated in the supplemental information received
by the Department on August 2, 1993 and as indicated on the
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Please be advised that no crushing or mine dewatering
conducted at this site without first obtaining appropriate
quality and water quality permits for these activities,
respectively. '

Mr. Cecile
Page 2
This office appreciates your cooperation in this matter.
Please review the permit carefully and notify this office at
[phone] of any objections or questions you may have
concerning the terms and conditions of the permit.
Sincerely,
Tracy E. Davis, E.I.T.
Mining Specialist
Land Quality Section
td
Enclosure
cc: Mr. Doug Miller
Ms. Sueanna Sumpter
Mr. Randal Marsh
Mr. Dave Paletta
Mr. Joe Napolean
Mr. Larry Brody

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for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through
68, "The Mining Act of 1971,11 Mining Permit Rule 15A
NCAC 5 B, and other applicable laws, rules and
regulations
Permission is hereby granted to:
Radford Quarries of Boone, Inc.
Bamboo Road Quarry
Watauga County - Permit No. 95-03
for the operation of a
Crushed Stone Quarry
which shall provide that the usefulness, productivity
and scenic values of all lands and waters affected by
this mining operation will receive the greatest
practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: August 11, 2003

Page 2 of 10
In accordance with the application for this mining permit, which
is hereby approved by the Department of Environment, Health and
Natural Resources hereinafter referred to as the Department, and
in conformity with the approved Reclamation Plan attached to and
incorporated as part of this permit, provisions must be made for
the protection of the surrounding environment and for reclamation
of the land and water affected by the permitted mining operation.
This permit is expressly conditioned upon compliance with all the
requirements of the approved Reclamation Plan. However,'
completed performance of the approved Reclamation Plan is a
separable obligation, secured by the bond or other security on
file with the Department, and may survive the expiration,
revocation or suspension of this permit.
This permit is not transferable by the permittee with the
following exception: If another operator succeeds to the
interest of the permittee in the permitted mining operation, by
virtue of a sale, lease, assignment or otherwise, the Department
may release the permittee from the duties imposed upon him by the
conditions of his permit and by the Mining Act with reference to
the permitted operation, and transfer the permit to the successor
operator, provided that both operators have complied with the
requirements of the Mining Act and that the successor operator
agrees to assume the duties of the permittee with reference to
reclamation of the affected land and posts a suitable bond or
other security.
In the event that the Department determines that the permittee or
permittee's successor is not complying with the Reclamation Plan
or other terms and conditions of this permit, or is failing to
achieve the purposes and requirements of the Mining Act, the
Department may give the operator written notice of its intent to
modify, revoke or suspend the permit, or its intent to modify the
Reclamation Plan as incorporated in the permit. The operator
shall have right to a hearing at a designated time and place on
any proposed modification, revocation or suspension by the
Department. Alternatively and in addition to the above, the
Department may institute other enforcement procedures authorized
by law.
As provided in G.S. 74-65, issuance of this mining permit does
not supersede local zoning regulations or the enforcement of
same. By way of illustration and not limitation, this permit
does not supersede local floodway regulations containing
requirements more stringent than those set forth herein. In the
event that compliance with such local zoning regulations requires
that the mining operation as proposed in the application and
approved by the Department be changed, the mine operator is
required to submit a request for modification of this permit and
to obtain approval from the Department prior to implementing such
changes.

Definitions
Wherever used or referred tc
clearly indicates otherwise,
supplied by the Mining Act,
Expiration Date
in this permit,
terms shall have
N.C.G.S. 74-49.
Page 3 of 10
unless the context
the same meaning as
This permit shall be effective from the date of its issuance
until Auggst 11, 2003.
Conditions
This Permit shall be subject to the provisions of the Mining Act,
N.C.G.S. 74-46, et. seq., and to the following conditions and
limitations:
OPERATING CONDITIONS:
1. Wastewater and Quarry Dewatering
A. Any wastewater processing or mine dewatering shall be
in accordance with the permitting requirements and
rules promulgated and enforced by the N.C.
Environmental Management Commission.
El- I
Any stormwater runoff from the affected areas at the
site shall be in accordance with any applicable permit
requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the
N.C. Environmental Management Commission. It shall be
the permittee's responsibility to contact the Water
Quality Section, Division of Environmental Management,
to secure any necessary stormwater permits or other
approval documents.
r
A. Any mining related process producing air contaminant
emissions including fugitive dust shall be subject to LAv
the permitting requirements and rules promulgated and
enforced by the N.C. Environmental Management
commission.
B. During quarry operation, water trucks or other means
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2. Air Ouality and Dust Control
that may be necessary shall be utilized to prevent dust
from leaving the permitted area.
3. Buffer Zones
A. Any mining activity affecting wetlands shall be in
accordance with the requirements and regulations
promulgated and enforced by the U.S. Army Corps of
Engineers.

Page 4 of 10
B. Sufficient buffer -(minimum of 50 feet undisturbed
measured from the edge of the normal high water level
of the South Fork New River) shall be maintained
between any affected land and any adjoining waterway to
prevent sedimentation of that waterway from erosion of
the affected land and to preserve the integrity of the
natural watercourse.
C. The buffer zones along all mining permit boundaries, as
indicated on the revised Mine Map dated July 29, 1993,
shall be maintained to prevent caving of any adjoining
property and to allow grading of the side slopes to the
required angle. These buffer zones, with the exception
of the installation of required sediment control
measures and earthen berms, shall remain undisturbed.
D. All mining permit boundaries (16.5 acres) shall be
clearly and permanently marked at the mine site on
minimum 50 foot intervals within 60 days of the
issuance of this permit.
4. Erosion and Sediment Contro k
A. Adequate mechanical bar/LeE ind uding, but not limite
to diversions, /earthe dikes, silt check dams, silt
retarding structure , rip rap pits, or ditches shall be
provided in the in' ial stages of any land disturbance
and maintained t prevent sediment from discharging
onto adjacent face areas or into any lake or natural
watercourse i ro tvto the ff t
B. All erosion an sedEm�
indicated on the revised Mine Map dated July 29, 1993
shall be installed within 60 days of the issuance of
this permit and maintained to prevent offsite
sedimentation. An erosion and sedimentation control
plan(s) shall be submitted to the Department for
approval prior to any land disturbing activiti� P'not
indicated on the revised erosion control or mi
1
maps submitted with the approved ap I�Wi�onfor
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mining permit. Such areas incl ut are not imited
to, expansion outside of the�� = pit are creek
crossings, or expansion of overburden disposal areas.
C. All surface water runoff from the affected areas at the
site shall be diverted into appropriate erosion and
sedimentation control measures to prevent offsite
sedimentation.
D. All sediment basins and rock check dams shall be
cleaned out and restored a minimum of once every six
(6) months, when they become one-half (1/2) full of
sediment, after every significant rainfall event.
OIL -5

Page 5 of 10
5. Groundwater Protection
Groundwater monitoring wells shall be installed and
monitored as deemed appropriate by the department.
6. Graded Slopes and Fills
A. The angle for graded slopes and fills shall be no
greater than the angle which can be retained by
vegetative cover or other adequate erosion control
measure, structure, or device. In any event, exposed
slopes or any excavated channels, the erosion of which
may cause offsite damage because of siltation, shall be
planted or otherwise provided with groundcover, devices
r r tu es sugficient to restrain such erosion.
�- 1/1 It%
B pover rd C the perimeter of Opit
es along ! P
hall be graded to a minimum 2 horizontal to I
ver ical or flatter and shall be stabilized within 60
days of completion. Furthermore, a minimum twenty (20)
foot wide horizontal safety bench shall be provided at
the top of the rock and at re bu d
(�4 the toe of the oi r r en
_ I
slope.
A
7. Surface Drainage
The affected land shall be graded so as to prevent
collection of pools of water that are, or likely to become,
noxious or foul. Necessary structures such as drainage AUO-
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ditches or conduits shall be constructed or installed when
required to prevent such conditions.
8. Blasting
The operator shall provide to the Department a copy of the
findings of any seismic studies conducted at this facility.
The operator shall make every reasonable effort to
incorporate the studies' recommendations into the production
blasting program.
The following blasting conditions shall be observed by the
operator to prevent hazard to persons and adjacent property
from thrown rock or vibrations:
A. In all blasting operations, except as hereinafter
otherwise provided, the maximum peak particle velocity
of any component of ground motion shall not exceed 1.0
inch per second at the immediate location of any
building outside of the permitted area regularly
occupied by human beings such as dwelling house,
church, school, public building, or commercial or
institutional building outside of the permitted area.
The gRerator shall monitor each blast with a
seismograph.

Page 6 of 10
B. Airblast overpressure shall not exceed 128 decibels
linear (DBL) as measured at the immediate location of
any regularly occupied building outside of the
permitted area such as any dwelling house, church,
school, public building, or commercial or institutional
building.
C. The operator shall take all reasonable precautions to
insure that flyrock is not thrown beyond the permitted
boundaries. Should flyrock occur beyond the permitted
boundaries or the levels in Items A and B above are
exceeded, the operator shall report the incident to the
Department immediately and further use of explosive at
the site shall be immediately suspended until the
following actions have been taken:
1. A thorough investigation as to the cause(s)-of the
incident shall be conducted.
2. A satisfactory report detailing the investigation
shall be provided to the Department within 10 days
of the incident. Said report shall, at a minimum,
documen,t the cause(s) of the incident along with
technical and management actions that will be
taken to prevent further incidents.
The report shall meet with the approval of the
Department before blasting may resume at the site.
Failure to take corrective measures to prevent flyrock
and repeated instances of flyrock shall be considered a
violation of this permit.
D. The operator shall maintain records on each individual
blast describing: the total number of holes; pattern
of holes and delay of intervals; depth and Bize of
holes; type and total pounds of explosives; maximum
pounds per delay interval; amount of stemming and
burden for each hole; and blast location. Records
shall be maintained at the permittee's mine office and
copies shall be provided to the Department upon
request.
E. The operator shall, when requested by the Department,
give 24 hour advance notice to the Land Quality Section
prior to any blast during a period for which notice is
requested.

9. High Wall Barrier
A. A physical barri
four (4) foot hi
i
appre*i-m�ely on,
on
...Ord� Aiw�
Page 7 of 10
e I,,
consisting of ffGu�r ) "strand,
barbed wire fenkcf in nd
foot apart attached to
15 foot spacings) shall be installed
4" of the issuance of this perAit. in the
/'To�ca 1�(�n indicated on the revised Mine Map dated July
29, 1993. Said fencing shall be maintained at all
times around the perimeter of any highwall to prevent
inadvertent public access. Highly visible warning signs
shall be attached to the fence at 50 foot intervals.
A minimum 20 foot wide horizontal safety bench shall be
C& provided at the junction between the top of rock and
the toe of the overburden cut slope.
10. Visual Screening
A. Existing vegetation shall be maintained between the
mine and public thoroughfares to screen the operation
from the public. Additional screening methods shall be
employed as deemed approprifte by the Depj�r!t ent.
ppropriate tree plantings
B. A an landscaping shall be
implemented and maintained as shown on the revised Mine
Map dated July 29, 1993 to improve visual and noise
buffering. Said plantings shall be provided within 90
days of the issuance of this r)ermit.
11. Plan Modification
The operator shall notify the Department in writing of the
desire to delete, modify or otherwise change any part of the
mining, reclamation, or erosion/sediment control plan
contained in the approved application for a mining permit.
Approval to implement such changes must be obtained from the
Department prior to on-site implementation of the revisions.
12. Refuse Disposal
A. No on-site disposal of refuse or other solid waste that
is generated outside of the mining permit area shall be
allowed within the boundaries of the mining permit area
unless authorization to conduct said disposal has first
been obtained from both the Division of Solid Waste
Management and the Land Quality Section, Department of
Environment, Health and Natural Resources. The method
of disposal shall be consistent with the approved
reclamation plan. J�
A44�L&r4'
'. 'A
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Page 8 of 10
B. Mining refuse as defined by G.S. 74-49 (14) of The
Mining Act of 1971 generated on-site and directly
associated with the mining activity may be disposed of
in a designated refuse area. All other waste products
must be disposed of in a disposal facility approved by
the Division of Solid Waste Management. No petroleum
products, acids, solvents or their storage containers
or any other material that may be considered hazardous
shall be disposed of within the permitted area.
C. The Surplus Material Storage Area shall be located in
the quarry excavation as indicated on the revised Mine
Map dated July 29, 1993. Said area shall be maintained
outside of the dewatering area.
13. Annual Reclamation Report
An Annual Reclamation Report shall be submitted on a form
supplied by the Department by February 1 of each year until
reclamation is completed and approved.
14. Bonding
The security which was posted pursuant to N.C.G.S. 74-54 in
the form of a $12,500.00 Assignment of Savings Account and
Certificate of Deposit is sufficient to cover the operation
as indicated on the approved application. This security
must remain in force for this permit to be valid. The total
affected land shall not exceed the bonded acreage.
15. Archaeological Resources
Authorized representatives of the Division of Archives and
History shall be granted access to the site to determine the
presence of significant archaeological resources.

Page 9 of 10
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the
performance of which is a condition on the continuing validity of
that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the
terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G.S. 74-53
1. The final slopes in all excavations in soil, sand, gravel
and other unconsolidated materials shall be at such an angle
as to minimize the possibility of slides and be consistent
with the future use of the land. -
2. Provisions for safety to persons and to adjoining property
must be provided in all excavations in rock.
3. All overburden and spoil shall be left in.a configuration
which is in accordance with accepted conservation practices
and which is suitable for the proposed subsequent use of the
land.
4. No small pools of water shall be allowed to collect or
remain on the mined area that are, likely to become noxious,
odious or foul.
5. The revegetation plan shall conform to accepted and
recommended agronomic and reforestation practices as
established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to
the Reclamation Plan herein incorporated. These activities
shall be conducted according to the time schedule included
in the plan, which shall to the extent feasible provide
reclamation simultaneous with mining operations and in any
event, provide reclamation at the earliest practicable time
after completion or termination of mining on any segment of
the permit area and shall be completed within two years
after completion or termination of mining.
RECLAMATION CONDITIONS:
1. Provided further, and subject to the Reclamation Schedule,
the planned reclamation shall be to allow the quarry
excavation to fill with water, provide a permanent barricade
(fence or vegetated earthen berm) along the top of any
highwall, and grade and revegetate any areas in
unconsolidated material.

Page 10 of 10
2. The specifications for.surface gradient restoration to a
surface suitable for the planned future use are as follows:
A. All areas of unconsolidated materia such as overburden
or waste piles shall be graded to a 2 horizontal to 1
Y.
vertical or flatter slope and terraced as necessary to
insure slope stability. 46�� ,
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B. Any settling ponds and sediment control basins shall be
backfilled, graded, and stabilized.
C. The processing, stockpile, and other disturbed areas
neighboring the mine excavation shall be leveled and
smoothed.
D. Compacted surfaces shall be disced, subsoiled or
otherwise prepared before revegetation.
E. No contaminants shall be permanently disposed of at the
mine site. on-site disposal of waste shall be in
accordance with operating Conditions Nos. 12A, B and C.
F. The affected land shall be graded to prevent the
collection of noxious or foul water.
3. Revegetation Plan:
All disturbed areas shall be permanently revegetated
according to the Revegetation Plan approved by Mr. Allen L.
Childers, District Conservationist, USDA -SCS, on March 26,
1993 and the supplemental year-round seeding specifications
received by the Department on July 13, 1993.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to
the extent feasible. In any event, reclamation shall be
initiated as soon as feasible after completion or
termination of mining of any mine segment under permit.
Final reclamation, including revegetation, shall be
completed within two years of completion or termination of
mining.
Permit issued this lith day of August, 1993.
By:
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
of the Department of Environment, Health and Natural Resources

NOTICE OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed
as an adjoining land owner in the application for a mining permit
filed by Radford Quarries of Boone, Inc. to conduct mining
activities at the Bamboo Road Quarry in Watauga County. The
mining permit was issued on August 11, 1993.
A recent North Carolina Court of Appeals decision has held
that a person aggrieved by the issuance of a mining permit has
the right to initiate a contested case hearing in the Office of
Administrative Hearings pursuant to N.C.G.S. ISOB-23 of the
Administrative Procedure Act (APA). Please be advised however,
that this Department disagrees with that ruling and has recently
filed documents in the Office of Administrative Hearings to limit
permit issuance challenges to a hearing on the record in Superior
Court pursuant to N.C.G.S. 15OB-43. A ruling on the Department's
request is still pending.
Despite our position on this issue, North Carolina law
requires us to inform you of your right to contest the issuance
of the permit. Unless the Court of Appeals' decision is changed,
you still have the right to seek a contested case hearing
pursuant to N.C.G.S. 150-23 of the APA. To preserve your right
to a hearing, you must file a petition for a contested case in
the office of Administrative Hearings within sixty (60) days of
the mailing of this notice to you.
The address for filing the petition is The Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, N. C.
27611-7447. Their telephone number is [phone].
This notice was mailed on August 12, 1993.
Charles H. Gardner
Director
Division of Land Resources
North Carolina Department of
Environment, Health and Natural
Resources