20081120_Application

E R Lewis Blanket Bond
Permit No. Mine Name Bond
Amount
* 40-17 Rosewood Pit $65,500.00
* 74-28 White Pit #1 $45,000.00
* 74-52 Gaylord Pit $249700.00
* 74-68 Pactolus Pit $45.500.00
* 74-70 White Pit #1 $12,000.00
* 74-79 Joyner Pit $47,000.00
* 74-18 E R Lewis Pit $43,000.00
* 74-87 Hart Mine 92,900.00
subtotal $375,600.00
*** 74-64 Bunting Pit $34,400.00
Total 410,000.00
Surety Bond No. 58652957 issued by Western Surety for$375,600.00
*** Surety Bond No. 35,400.00 with North American Specialty Insurance
S:Mining/E R Lewis blanket bond rev.4/29/09

t � �
Wehner, Judy.
From: Cynthia Langley[[e-mail]]
Sent: Monday, April 27, 2009 4:33 PM
To: Wehner, Judy
Subject: ERLCCI Mining Permit Bonds.pdf-Adobe Acrobat Standard
Attachments: ERLCCI Mining Permit Bonds.pdf
Good Afternoon Judy,
Fiope you had a wonderful weekend.
At your earliest convenienCe PIC�).%C 10t MC know who I need to ri-iail the attached to and their address.
Thank you in advance for your time and assistance.
Have a great day.
Cynthia 1. m_(Ylcv
(252)32 1-1 101
clan�,,[e-mail]
1

THE
-� CLEAENT
ow• COMPANIES
I 1131 1019.Wd I M I 110 W rd R.
April 23,2009
Floyd R. Williams,PG,CPG,CPM
State Mining Specialist
Land Quality Section
State of North Carolina
1612 Mail Service Center
Raleigh,NC 27699-1612
Re: E. R. Lewis Construction Company,Inc.
Permit Nos. 40-17(Rosewood Pit);74-28 (White#1);74-52(Gaylord Pit)
74-68(Pactolus Pit); 74-70(White Pit#1;74-79(Joyner Pit)
74-18(E R Lewis Pit);and 74-87(Hart Mine)
Gentlemen:
The attached rider increasing bond(#58652957)to the total of$375,600:00 should
support the above permits.
When this increase rider has been accepted,please send a release of The Hartford bond
(Amount$246,300)number 22BSBBM4100 to my attention, in order that I may direct
The Hartford to terminate.
Thank you for your help.
Sincere ,
Robert yatt
105 EAST ARLINGTON BLVD. • P. O. BOX 1626 • GREENVILLE, NC 27835-1626 • [phone] • FAX[phone] • www.clementins.com

RIDER INCREASING OIL DECREASING PENALTY OF BOND
To be attached to and form part of Bond Pursuant to"The Mining Act of 1971"
{Description of Bonn
Bond No.5OW2957 issued on behalf of E.R•Lewis Construction Company,Inc.
as Prink,-pal in favor of Bute of North Carolina
Obligee.
Western Surety Company
(hereinafter called the Company)hereby increases
the penalty$.•om Forty-Throe Thousand and No/10 ----- DOLES i$43,000•00 �
to Three Hundred Seventy-Five Thousand,Six Hundred and No/110 f--- DOLLARS f 375,800.00
subject to the covenants and conditions of said bond, except as herein stated.
This Ader becomes effective on the 23rd day of 2009_,at
twelve and one minute o'clock AM standard time.
Signed and dated this 23rd day of April 2009
B.R.Lewis Construction Company,Inc
By Ce4A�
C .
ACCEPTED �
Wes fro S Company
By
ObUgee obert Hy ,Atto ey-In-Fact
By
By
Form FS22$.2-2W7

Westem Surety mpany
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY.-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
James E Clement, Robert S Hyatt, Sarah Stanford Jenkins, A Spruill Alexander, Scott P
Cooper,Jennifer L Crawford,Individually .
of Greenville,NC, its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf
bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 21 st day'of January,2009.
E � WESTERN SURETY COMPANY
o�►v04!q�f�
Paul IFBruflat,Senior Vice President
State of South Dakota
ss
County of Minnehaha
On this 21 st day of January,2009,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he
resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
' D. KRELL :
November 30,2012 i Q NOTARY PUBLICa!
: SOUTH DAKOTA :
+4 a-4-4 6 ej 4 aytititib•.tiMyti*.
D.Krell,No7ky Public
CERTIFICATE
1,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force,and further certify that the By-Law of the corporation printed oa the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed
my name and affixed the seal of the said corporation this CZS day off.
�Ec WESTERN SURETY COMPANY
• L.Nelson,Assistant Secretary
Fonn F4290-09-06

� �
E R Lewis Blanket Bond
Permit No. Mine Name Bond
Amount
* 40-17 Rosewood Pit $65,500.00
* 74-28 White Pit #1 $45,000.00
* 74-52 Gaylord Pit $24,700.00
* 74-68 Pactolus Pit $45.500.00
* 74-70 White Pit #1 $12,000.00
* 74-79 Joyner Pit $479000.00
subtotal 239,700.00
74-87 Hart Mine 92,900.00
subtotal $332,600.00
** 74-18 E R Lewis Pit $43,000.00
*** 74-64 Bunting Pit $34,400.00
Total 410,000.00
Surety Bond No. 22BSBM 4100 issued by Hartford Fire Insurance in the
sum of$269,900.00
** Surety Bond No. 58652957 issued by Western Surety
*** Surety Bond No. 35,400.00 with North American Specialty Insurance

�.d
A 4100A A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons,PG,PE Beverly Eaves Perdue,Governor
Director and State Geologist April 23, 2009 Dee Freeman,Secretary
Mr. Charles E. Lewis
E. R Lewis Construction Company, Inc.
PO Box 565
Greenville, North Carolina 27835
Re: Hart Mine (Draft Permit)
Pitt County
Tar River Basin
Dear Mr. Lewis:
Your application for a mining permit for the above referenced mine site has been
reviewed but not yet approved. Enclosed is a draft of the mining permit proposed by the
Department. The conditions in the draft permit were based primarily upon information
supplied irk your application. Other necessary conditions may have been added to ensure
compliance with The Mining Act of 1971.
The reclamation bond has been calculated for this site using the information submitted
in the application (see enclosed worksheet). The bond amount for this site is $92,900.00. The
bond is required before the permit can be issued. For your convenience, I have enclosed a
bond form, an assignment of a savings account form and an irrevocable standby letter of
credit form. The name on the security form must be the same as the name appearing on the
enclosed draft permit, i.e., E. R. Lewis Construction Company, Inc. In addition to one of
these alternatives you may, upon request, substitute a cash deposit.
have included a table that shows the current bonding requirements for E. R. Lewis
construction Company, Inc. for your information and use.
Please review the enclosed draft permit and the reclamation bond worksheet, and
contact this office should you have any objections or questions concerning the permit
conditions. G.S. 74-51 provides that the operator has sixty (60) days following the mailing of a
notice of the required bond in which to file the required surety.
The permit will be issued when the required security has been received. No mining
may be conducted until the permit is issued. G.S. 74-65 states that the issuance of a mining
permit does not supersede or otherwise affect or prevent the enforcement of any zoning
regulation or ordinance duly adopted by an incorporated city or county or by any agency or
department of the State of North Carolina.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

r
7
Mr. Lewis
April 23, 2009
Page Two
Please contact Ms. Judy Wehner, Assistant State Mining Specialist, at [phone]
if you have any questions.
Sincerely,
# C
Ioydek Williams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRW/jw
Enclosures
cc: Mr. Pat McClain, PE
File

i
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:
E. R. Lewis Construction Company, Inc.
Hart Mine
Pitt County- Permit No.
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.
MINING PERMIT EXPIRATION DATE: *, 2019

c '
Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources, hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of
this permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable .
obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, 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.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Expiration Date
This permit shall be effective from the date of its issuance until *, 2019.
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. A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.

i
Page 3
B. Any stormwater runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact
the Division of Water Quality to secure any necessary stormwater permits or
other approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to
the permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area.
3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any
affected land and any adjoining waterway or wetland to prevent sedimentation of
that waterway or wetland from erosion of the affected land and to preserve the
integrity of the natural watercourse or wetland.
B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
4. A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
B. All drainage from the affected area around the mine excavation shall be diverted
internal to said excavation or into the approved settling basin.
C. Mining activities shall occur as indicated on the mine map last revised March 3,
2009 and the supplemental information received by the Land Quality Section on
November 11 and 21, 2009, December 31, 2008 and March 12, 2009.
5. All permit boundaries (113.75 acres) and affected area boundaries (78.05 acres) shall
be permanently marked at the site on 100-foot intervals unless the line of sight allows
for larger spacing intervals.
6. The angle for graded slopes and fills shall be no greater than the angle, which can be
retained by vegetative cover or other adequate erosion control measure, structure, or
device. In any event, exposed slopes or any excavated channels, the erosion of which
may cause off-site damage because of siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to restrain such erosion.

Page 4
7. The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
8. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9. Sufficient buffer(minimum 50 foot unexcavated) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
10. A. No on-site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse 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 Waste
Management. No petroleum products, acids, solvents or their storage containers
or any other material that may be considered hazardous shall be disposed of
within the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on-site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts
5. steel reinforced air hoses
6. drill steel
D. If mining refuse is to be permanently disposed within the mining permit
boundary, the following information must be provided to and approved by the
Division of Land Resources prior to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and,
5. verification that a permanent vegetative groundcover will be established.

p Page 5
11. 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.
12. 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 or any approved revision to it.
Approval to implement such changes must be obtained from the Department prior to
on-site implementation of the revisions.
13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $*.00
bond, is sufficient to cover the operation as indicated in the approved application. This
security must remain in force for this permit to be valid. The total affected land shall not
exceed the bonded acreage.
14. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant
archaeological resources.
B. Pursuant to K C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.

Page 6
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G.S. 74-53
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,
or 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 restore the mine excavation to a lake area and to grade and revegetate the
adjacent disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.

�..✓ �, Page 7
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water line.
C. Any areas used for wastepiles,, screening, stockpiling or other processing shall
be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Condition Nos. 10A
through 10D.
E. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the
Revegetation Plan approved by My. Bryan C. Fagundus, PE on November 17, 2009 or
the following:
Permanent Seeding Specifications
Dates Species Rate, Lbs/Acre
February 15-April 1 Kobe Lespedeza 10
Bahiagrass 50
Redtop 1
Winter rye (grain) 15
April 1- July 31 Common Bermuda 50
August 1- October Lespedeza (unscarified) 30
German millet 40
October 25- February 15 Rye (grain-temporary) 120
Soil Amendments
Lime - 2000 Ibs/acre or follow recommendations from a soil test.
Fertilizer- 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil
test.
Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000
Ibs/acre and anchored appropriately.

9 Page 8
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post-project wildlife habitat at the site.
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 *th day of* 2009.
By:
James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

APPLICATION FOR A .V1I,vG PERMIT ,"E,,
E. DETERMINATION OF AFFECTED ACREAGE AND BOND P14 0,&tWq
The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range
of S500 to S ,000 per affected acre)for each permitted mine site based upon the acreage approved by the
Department to be affected during the life of*the miningpermit. Please insert the approximate acreage.for each
aspect ofthe mining operation, that you intend to a,�'ect during the life of this mining permit/in addition,please
insert the gggropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs
provided with this agolication form)OR you can deter to the Department to calculate your bond for you based
won your maps and standard reclamation costs:
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE* COST
Tailings/Sediment Ponds: 1,r Ac. X $ 5D0' /Ac. _
Stockpiles: b' Ac. X $ 1140'o /Ac. _ $
Wastepiles: Ac. --X $ /Ac. _ $
Processing Area/Haul Roads: a��' Ac. X $ 366' /Ac. _ $ YMO
S } Q•6
Mine Excavation: Ac. X $ 0 /Ac. _ $
Other: 6* Ac. X $ l ft4 /Ac. — $--99.07104D
TOTAL AFFECTED AC.: `713.06' Ac.
(TOTAL PERMITTED AC.: 1 3 7 Ac.)
Temporary&Permanent Sedimentation&Erosion Control Measures:
Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into
proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will
be needed to prevent offsite sedimentation and sedimentation to offite watercourses and wetlands.
a) Internal Drainage 7S. 0 Ac.
b) Positive Drainage l'� Ac. X $1,500.00 = $ 0
SUBTOTAL COST: $ 10 aD
Inflation Factor:
2 X SUBTOTAL COST: $ 7 00`0 X Permit Life(1 to 10 years): 1�
0.0 . ?
INFLATION COST: $ 1E cfC)q ace
TOTAL COST = SUBTOTAL COST+ INFLATION COST = $
Total Reclamation Bond Cost: $ D
(round down'to the nearest$100.00)
t�5
q 14_ qdb
a� ,

i INN
E R Lewis Blanket Bond
Permit No. Mine Name Bond
Amount
* 40-17 Rosewood Pit $65,500.00
* 74-28 White Pit #1 $45,000.00
* 74-52 Gaylord Pit $24,700.00
* 74-68 Pactolus Pit $45.500.00
* 74-70 White Pit #1 $12,000.00
* 74-79 Joyner Pit $47,000.00
subtotal 2392700.00
74-87 Hart Mine 92,900.00
subtotal $332,600.00
** 74-18 E R'Lewis Pit $43,000.00
*** 74-64 Bunting Pit $34,400.00
Total . 410,000.00
Surety Bond No. 22BSBM 4100 issued by Hartford Fire Insurance in the
sum of$269,900.00
** Surety Bond No. 58652957 issued by Western Surety
*** Surety Bond No. 35,400.00 with North American Specialty Insurance

lr e +(,k*yA0ha0&*-
APPLICATION FOR A MININ'tweERMIT 13 ,M Le
E. DETERMINATION OF AFFECTED ACREAGE AND BOND pt+r U
The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range
of S500 to 55,000 per affected acre)for each permitted mine site based upon the acreage approved by the
Department to be affected during the life of the miningpermit. Please insert the approximate acreage, for each
aspect ofthe mining operation that you intend to affect during the life ofthis mining permit(in addition please
insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs
provided with this application form) OR you can defer to the Department to calculate your bond for you based
upon your maps and standard reclamation costs:
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE* COST
Tailings/Sediment Ponds: JX Ac. X $ 6W /Ac. _ $ 460o*
Stockpiles: C Ac. X $ 1660'0
/Ac. _ $
Wastepiles: Ac. X $ /Ac. _ $
Processing Area/Haul Roads: Ac. X $ /%00N /Ac.
t
Mine Excavation: Ac. X $ 601) /Ac.
Other: c4?.Lt; Ac. X $ lft4 /Ac. _ $ 411_4'0
TOTAL AFFECTED AC.: 716.0G Ac.
(TOTAL PERMITTED AC �(3� 7� Ac.)
Tempora`ry & Permanent Sedimentation& Erosion Control Measures:
Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into
proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will
be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands.
a) Internal Drainage 71A. 0 Ac.
b) Positive Drainage Ac. X $1,500.00 = $
SUBTOTAL COST: $ rZ 4,76 00
Inflation Factor:
0.02 X SUBTOTAL COST: $ 7 pv 00 X Permit Life (1 to 10 years): /D
INFLATION COST: $ lS, 491i °C�
TOTAL COST = SUBTOTAL COST+ INFLATION COST = $ C}a i(eq
Total Reclamation Bond Cost: $ 9 a C)du Jo
(round down'to the nearest$100.00)
- 14- a�Vo�°D

4W�'
ii 0 3-
f
r••

E R Lewis Blanket Bond
Permit No. Mine Name Bond
Amount
40-17 Rosewood Pit $65,500.00
74-28 White Pit #1 $45,000.00
74-52 Gaylord Pit $24,700.00
74-68 Pactolus Pit $45.500.00
74-70 White Pit #1 $12,000.00
74-79 Joyner Pit $47,000.00
subtotal 2399700.00
74-87 Hart Mine 92,900.00
subtotal $332,600.00
* 74-18 E R Lewis Pit $43,000.00
** 74-64 Bunting Pit $34,400.00
Total 410,000.00
Surety Bond No. 58652957 issued by Western Surety
*` Surety Bond No. 35,400.00 with North American Specialty Insurance

Wehner, Judy
From: Ricky Peed [[e-mail]]
Sent: Wednesday, April 08, 2009 2:16 PM
To: Judy.Wehner
Subject: Proposed Hart Mine App. No. 74-87
Attachments: ADIHartminecomments(#2)74-87.doc
Judy, attached is the comments for the above referenced mine.
If I can be of any further assistance please advise.
Richard D. Peed Jr., CPESC
Assistant Regional Engineer
Land Quality Section- Washington Regional Office
NC Dept. of Environment and Natural Resources
943 Washington Square Mall
Washington, NC 27889
Office 252-946-6481, Fax [phone]
Richard.Peed(@ncmail.net <mailto:richard.peed(@ncmail.net>
E-mail correspondence to and from this address
may be subject to the North Carolina Public Records
Law and may be disclosed to third parties.
1

MINING CHECKLIST FOR ROUTING
Applicant's Name: Project Name:
ApplicJPermit No.: County: Date Received:
Reviewer. River Basin Name:
❑New ❑Renewal ❑Modification (inside permit boundaries)
❑Modification (outside permit boundaries) ' ❑Transfer ❑Release
❑Partial Release ❑Additional Information ❑Fee Needed: $
❑Fee Received: $
Please ro , & entire application packajac to.
❑_ Regional Office (2 complete copies;attach the"LQ5 Regional
Office Mining Application Review Checklist"to one copy and attach bah the DWQ and DAQ
"Mining Application Review Form"to the other copy, send both copies to the Regional Engineer)
Date: Routed Reed
❑Division of Water Resources Date: Routed Rec'd
❑NC Wildlife Resources Commission Date: Routed Reed
❑U5 Fish &Wildlife Service Date: Routed Reed
(Only new applications and modification raquests that add land to the permit)
Please route first 3 pages of the application and any location maps to:
❑Division of Parks & Recreation Date: Routed Reed
❑NC Geological 5urvey Section Date: Routed Reed
(Only new applications and modification raqueste that add land to the permit)
❑Division of Archives & History Date: Routed Reed
(Only new applications)
❑Other. Date: Routed Reed
"*5u5pen5e Date for Comments: (no later than 25 days
from receipt)
11 Please note the following:

avers Engineers
&Associates,lnc. Planners
Since1918 Surveyors
March 11,2009 ]�
Ms. Judith A. Wenner •.�r_;- z.#, --
NCDENR-Land Quality Section
1612 Mail Service Center hM 1
Raleigh,North Carolina 27699-1612 "
Subject: Hart Mine
Pitt County(Tar River Basin)
Dear Ms. Wenner:
Below is a summary of additional information for the subject Mining Permit Application. A copy
of your letter addressed to Charles E. Lewis with E.R. Lewis Construction Company requesting this
information is enclosed and responses to the requested information are listed below.
1. Two copies of the revised mining map are enclosed. The map has been revised to clearly
indicate the permit boundary, including the ultimate affected area to include screening
berms, access roads, excavation limits,unexcavated buffers and undisturbed buffers. These
areas and acreages are indicated in a table on the mining map. The unexcavated buffer has
been designed to allow for land disturbance associated with the mining activities that will
occur adjacent to the pit excavation and the mine access roads. The areas indicated as
undisturbed buffers are not intended to be included in the mining operation at this time.
2. Two copies of a narrative description of the dewatering activities are enclosed as well to
describe the efforts that will be made to dewater the pit as mining operations progress. As
described in the narrative, dewatering activities will be performed to keep the surface of the
pit excavation dry and are not intended to dewater the area below the pit floor. The mine
dewatering wastewater will exit the system via a sediment basin and the Pitt County
Planning Department has approved the dewatering discharge method as it relates to the
adjacent Riparian Buffer.
Thank you in advance for your help on this project and should you have any questions about any of
the enclosed information or require additional information,please do not hesitate to contact me.
With best regards,
'vers and Asso iat
Bryan Fagundus, . .
Project Engineer
Enclosures
cc: E.R. Lewis Construction Co.
107 East Second Street,Greenville,NC 27858 • Post Office Box 929 • Greenville.NC 27835 • [phone] • FAX[phone]
E-mail: [e-mail]

E.R. Lewis Construction Company, Inc.
Hart Mine Dewatering Narrative
Rivers and Associates, Inc.
P.O. Box 929
Greenville,N.C. 27835
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Bryan . Fagundus,
March 11, 2009

E.R.Lewis Construction Company,Inc. Hart Mine Dewatering
Table of Contents
Introduction 2
Regulatory Requirements 2 -3
Site Characteristics 3 -4
Proposed Dewatering Plan 4-5
Appendices
Vicinity Map Appendix A
Pitt County—Stream Determination Appendix B
Pitt County—Discharge Approval Letter Appendix C
Pump Engineering Data Appendix D
Rip Rap Energy Dissipator Detail Appendix E
Page 1

E.R.Lewis Construction Company,Inc. Hart Mine Dewaterinp,
Introduction
Project Description
The `Hart Mine' is a proposed open pit mine that has recently been applied for with the North
Carolina Division of Land Quality in accordance with the requirements of G.S. 74-51 of The
Mining Act of 1971. Subsurface investigations have revealed select fill material meeting
NCDOT Specifications to depths of approximately twenty-five feet. It is anticipated that the
mine will be excavated to that depth, with the excavated material being used for construction fill
as well as process sand for use in ready-mixed concrete. In order to efficiently mine the material
E.R. Lewis Construction Company intends to dewater the excavation as part of their operation.
Project Location
The site is located on a portion of Pitt County Parcel Number 52335,within the Pitt County
Planning Jurisdiction. The site is situated immediately south of US Highway 264 East,between
NCSR 1534(Old Pactolus Road) and NCSR 1560(Yankee Hall Road). The site is within the
Tar-Pamlico River basin and is adjacent to an unnamed stream that flows into the Tar River. A
vicinity map is provided as Appendix `A'.
Regulatory Requirements
The Mining Permit for the `Hart Mine' has been applied for under the requirements of The
Mining Act of 1971 and is currently under review.
Operating Condition I.A. of the mining permit states that"Any wastewater processing or mine
dewatering shall be in accordance with the permitting requirements and rules promulgated by the
N.C. Environmental Management Commission". North Carolina General Statute 143-215.1
permits the discharge of mine dewatering,which is permitted under General Permit No.
NCG020000. As part of this dewatering plan, a Notice of Intent for a General Permit No.
NCG020000 is being filed with the North Carolina Division of Water Quality.
As part of the General Permit, an Operation and Monitoring Plan will be implemented due to the
potential to drain wetlands adjacent to the mine. The plan will conform to published monitoring
requirements for mine dewatering wastewater as listed below.
Page 2

E.R.Lewis Construction Company,Inc. Hart Mine Dewateriniz
Monitoring Reguirements
V.•' Discharge Characteristics Effluent Limitations
Monthly Average Daily Maximum
Settable Solids(ml/1) 0.1 ml/l 0.2 ml/l
Total Suspended Solids (mg/1) 25 mg/l 45mg/l
pH Range(s.u.) n/a 6.0—9.0
Turbidity(NTU) n/a 50 NTU
Total Flow(MG) n/a n/a
Additionally,wetland impacts are to be avoided or minimized in accordance with State and
Federal Regulations. These impacts include stress to wetland vegetation caused by the loss of
ground water from the mining operation. A portion of this plan will address the means and
methods to avoid those impacts.
Site Characteristics
The mine site comprises 78 acres+/- of a parent tract that has historically been in cultivation.
The vast majority of the parent tract is cleared and actively farmed,while the remaining acreage
�.! is forested. The mine site is primarily located within the cleared portion of land that has been in
active cultivation. Portions of the forested land represent wetland and riparian areas around
Broad Run and an unnamed feature that was determined to be subject to the Tar/Pamlico
Riparian Buffer Rules. U.S. Highway 264 bounds the property on the north. Farm paths bound
the site on the east,while an active sand mine bounds the property on the west. Broad Run and
its associated wetlands and riparian buffers comprise the southern boundary.
During an on-site determination by the Pitt County Planning Department,the drainage ditches
running in an east/west direction through the center of the cleared portion of the property were
determined to be exempt from to the Tar-Pamlico Riparian Buffer Rules. The feature running in
an east/west direction within the wooded portion of property was found to be subject to the Tar-
Pamlico Riparian Buffer Rules. A copy of the determination is included as Appendix `B'.
The Pitt County Planning Department has issued authorization for the dewatering wastewater
discharge associated with the mining activities in accordance with 15A NCAC 02B .0259. A
copy of the authorization for discharge is included as Appendix `C'. As a condition of this
approval, sheet flow is required to be achieved prior to entering the Riparian Buffer,which will
be aided by the use of an extensive Rip Rap Energy Dissipater. See Appendix `F' for a detail.
Page 3

E.R.Lewis Construction Company.Inc. Hart Mine Dewatering
The USDA National Cooperative Soil Survey indicates in-situ soils consisting of WaB(Wagram
Loamy Sand),AgB (Alaga Loamy Sand, and LaB (Lakeland Sand), OcB (Ocilla Loamy Fine
Sand),Pa(Pactolus Loamy Sand), Ch(Chipley Sand),Os (Osier Loamy Sand) and Po
(Portsmouth Loam). A subsurface investigation was conducted by E.R. Lewis Construction
Company in March 2008. Test pits were dug in multiple locations extending to depths varying
from 15 to 25 feet deep. Soils within the upper 1 foot are classified as clayey sand and topsoil.
Fine to coarse grain sands were encountered to depths of 25 feet,with no significant presence of
silt or clay fines. Groundwater was not encountered during these tests.
Proposed Dewatering Plan
Sand.from the mine will be excavated and cast to let the material dry prior to hauling offsite.
Once the mine reaches sufficient depth to encounter groundwater, dewatering will be
accomplished using a centrifugal pump in order to maintain an efficient mining operation. A
centrifugal pump with flow rates of approximately 500 gpm can be expected to keep the surface
of the excavation free of groundwater(Refer to Appendices `D' and `E' for pump
specifications). The outlet for the dewatering discharge will flow through a settling basin and
then flow overland into an existing unnamed stream. Prior to entering the settling basin,
discharge will be measured and recorded by an in-line flow meter. Flow rates will be measured
quarterly and the results will be provided to the Division of Water Quality.
Mine dewatering wastewater will be discharged into a settling basin to reduce turbidity and TSS
prior to exiting the mine. The discharge from the settling basin will be cycled through the
wetlands adjacent to the mine area,utilizing the filtered discharge water to maintain the
hydrology of the wetland system. A buffer ranging between 50 and 100 feet will be maintained
between the wetlands and the mine excavation to help minimize the influence of dewatering on
the wetlands.
It is anticipated that the average depth of the mine will be 25 feet. The average existing natural
ground elevation for the majority of the mine area is elevation 22 and the majority of the existing
wetlands are below elevation 4. Based on test holes dug in March, 2008, it is anticipated that
surface water dewatering will not be necessary until the mine nears an average depth of 20 feet.
Once the mine reaches this depth, dewatering will only be necessary to prohibit ponding of
surface water in the excavation. It is not anticipated that the water table will be affected from
surface water dewatering since dewatering will not occur below the depth of the excavation.
In summary,the proposed dewatering plan minimizes potential impacts to adjacent wetlands due
to high turbidity and TSS levels. Turbidity and TSS are controlled through the absence of silt
and clay fines in the native soil material along with the use of a settling basin to allow particle
Page 4

E.R.Lewis Construction Company,Inc. Hart Mine Dewaterina
settling prior to discharge. Wetland degradation due to lowering of the groundwater table will be
mitigated by physical separation of the pump and wetland areas, through surface irrigating the
wetlands with the dewatering wastewater and by avoiding dewatering below the depth of the
excavation.
Page 5

RADFORD
i O
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US 264
YANKEE HALL
SITE
N
Vicinity Map
SCALE. 1"=1000'
APPENDIX ' A '

APPENDIX ` B `

cow
PITT COUNTY
a PLANNING DEPARTMENTS ; r �
® 1JEVELOPMENT SERVICES BUILDING
1717 W. 5TH STREET
GREENVILLE, NORTH CAROLINA 27834-1696
cam TELEPHONE: [phone] JADES F.RHODES,AICP
FAX: [phone] DIRECTOR
Project#PC07-004
Pitt County
Page 1 of 2
E.R. Lewis Construction Company
P.Q. Box 565
Greenville,NC 27835
Subject Property: Parcel Number 52335 (Hart Mine)
On-Site Determination for.Applicability to the Tar-Pamlico Riparian Area Protection
Rules (15A NCAC 2B .02059)
To Whom it May Concern:
On March 26, 2008, at your request I conducted an on-site determination to review three features
located on'the subject property for applicabilit�-fo*the Neuse Buffer Rules (15A NCAC 2B
.0259). The features are labeled as"08-005", "08-006"and"08-007"on the attached map
initiated by me on April 13,2007.
The Pitt County Planning Department has determined that the surface water labeled as
"08-005"and 1108-006" on the attached map and are highlighted in pink is considered
exempt from the Tar-Pamlico Buffer Rule.-The surface water labeled as 1108-007"on the
attached map and is highlighted in blue is subject to the Tar-Pamlico Buffer Rule. The
owner(or future owners) should notify Pitt County(and other relevant agencies) of this decision
in any future correspondences concerning this property. This on-site determination shall expire
five(5)years from the date of this letter.
At your request, I conducted an on-site determination as stated above. During my review I
evaluated the features using the DWQ Stream Classification Form. I evaluated the stream reach
highlighted in pink and calculated the scores to be less than 19 points. The form states that if the
score is"greater than or equal to 19 points the stream is at least intermittent". Therefore,the
features,which.are highlighted in pink on the attached Pitt County Soil Survey are considered to
be exempt from the Tar-Pamlico Buffer Rules. I evaluated the stream reach highlighted in blue
and calculated the score to be 27 points. The form states that if the score is"greater than or
equal to 19 points the stream is at least intermittent". Therefore,the feature,which is highlighted
in blue on the attached Pitt County Soil Survey is considered to be subject to the Tar-Pamlico
Buffer Rules.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated
Local Authority that a surface water exists and that it is subject to the buffer rule may request a

Lewis Property
Page 2 of 2
3/27/08
determination by the Division of Water Quality Director. A request for a determination by the
Division of Water Quality Director shall be referred to the Director in writing c/o Cyndi Karoly,
DWQ,401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250,Raleigh,
NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that"exempts"a surface water from the buffer rule may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party
(including downstream and adjacent landowners) is notified of this decision. DWQ recommends
that the applicant conduct this notification in order to be certain that third party appeals are made
in a timely manner. To ask for a hearing, send a written petition,which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh,N.C. 27699-6714. This determination is final and binding unless you
ask for a hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity
within the buffers. Nor does this letter approve any activity within Waters of the United States
or Waters of the State. If you have any additional questions or require additional information
please call me at(252) 902-3250.
S' cerely, I
�.. nas Hill,
Planner II
JNb
Enclosures: Pitt County Soil Survey Map
cc: Amy Chapman, Division of Water Quality
Kyle Barnes,Division of Water Quality
Bryan Fagundus, Rivers and Associates, Inc.
File Copy
Filename: PC0S-005-007

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APPENDIX ` C `
�1

PITT COUNTY
a♦ co� PLANNING DEPARTMENT
DEVELOPMENT SERVICES BUILDING
1717 W.57H STREET
c� GREENVILLE,NORTH CAROLINA 27834-1696
TELEPHONE: [phone] JAMES F.RHODES,AICP
FAX [phone] DIRECTOR
February 25,2009
Bryan Fagundus
Rivers&Associates
107 East Second Street
Greenville,NC 27858
Dear Mr.Fagundus:
You have our authorization,in accordance with 15A NCAC 02B.0259 to dewater the proposed
sediment basin associated with the mining activities on the subject property as described as parcel
number 52335. In addition,you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including(but not limited to)Erosion and
Sediment Control and Non-discharge regulations.
This authorization is for the purpose and design that you identified on the plan entitled Hart Mine
Mining Permit Map dated December 29,2008,for the purposes of dewatering a sediment basin which
is to be used for mining purposes. This authorization requires that sheet flow be achieved prior to it
entering the riparian buffer. If at anytime sheet flow is not being achieved,all dewatering activities
must cease and the BMP must be repaired in a manner that achieves sheet flow. No impacts to the
riparian buffer are approved though this authorization,including incidental impacts.
If you have any questions or would like a copy of the buffer rules,please call(252)902-3250. This
letter does not authorize any impacts to either Waters of the Unified States or Waters of the State.
Please contact the US Army Corps of Engineers(USACE)or NC Division of Water Quality(DWQ)
if any impacts are proposed to either of these waters.
Sincerely,
L '`�
Hill,Planner H

APPENDIX ` D

giodwin
pumps , e� GINEERING CATALOG
CD150M Dri-Prime' Pump Engineering Data
a
The Godwin Dri-Prime 6" (150mm) CD150M automatic priming centrifugal pump is clearly the backbone of
�..o the temporary portable pumping industry. With solids-handling to 3" (75mm) in diameter, maximum flows of
1700 gallons per minute (107.3 I/sec.) and 160 feet (48.8 meters) of total dynamic head, and indefinite dry-
running capabilities, the CD150M can be found in a wide variety of applications from straight dewatering to
sewage bypassing. Mounted on a highway trailer, the CD150M is the most maneuverable and versatile
portable pum ing system available, making it a favorite of contractors, municipalities, industry and
environmental companies across the country.
Features
• Close coupled centrifugal pump with vacuum priming compressor mounted to a diesel engine.
Also available in electric drive or as bare shale pumpend.
• All cast iron construction with cast chromium steel impeller.
• Extensive application flexibility—will handle raw sewage, slurries and liquids with solids up to
3" (75mm) in diameter.
• Continuously operated "Godwin' air ejector priming device requiring no periodic adjustment or control.
• Dry running, oil bath, mechanical seal with abrasion resistant solid silicon carbide interfaces.
• Solids handling ball type Non Return Valve with renewable flexible rubber seat and quick release
access feature.
• Compact unit mounted on skid base or two wheeled highway trailer both incorporating integral
overnight running fuel tank.
• Simple maintenance— normally limited to checking engine and seal cavity oil levels.
• Standard engine—John Deere 4045D or Caterpillar 305ANA engine. Available with a variety
of engines including Hatz, Perkins and Deutz.
o.i
• Super-quiet critical silence pack version available for use in residential communities.
Godwin Pumps of America, Inc. Engineering Catalog • Issue 4 • Rev.April 2005
CD 150M— 1

godwin
pumps ''" C ATA L O
CD150M Dri-Prime° Pump Engineering Data
Summary Performance Curve
m R
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Performance Table
Diesel Set: John Deere 4045D, 71 hp (53 kw) @ 2200 rpm
Caterpillar 3054NA, 74hp (55 kw) @ 2200 rpm
Impeller Diameter: 11.02 inches (280mm)
Total Delivery Head - Feet
Total Suction Head -
Feet 10 20 30 40 50
Output - GPM
10 1800 1780 1750 1700 1680
15 1700 1650 1600 1520 1400
20 1670 1590 1500 1380 1240
25 1500 1400 1340 1240 1100
Performance data listed in table and curves are based on water tests at sea level and 68' F (20G C).
Larger diameter pipes may be required for maximum flows.
Godwin Pumps of America, Inc. Engineering Catalog • Issue 4 •Rev.April 2005
CD 150M-2

g@dwin
pumps IN C CATALOG
CD150M Dri-Prime' Pump Engineering Data
Dimensions
CD150M, John Deere 4045D, GP60 Highway Trailer
Weight: 2,800lbs. (1,267 kg.)
0
A1,499mm
aa°0*0
74-3/4° 09" 1,899mm �- °
40-1/2"
1,029mm
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65-7/8" _ 117-7/16"
F— 1,673mm E 2,983mm
Specifications
Maximum Operating Speed 2200 rpm
Maximum Operating Temperature +212' F (100' C)
Maximum Working Pressure 71 psi (4.9 BAR)
Maximum Suction Pressure 40.0 psi (2.8 BAR)
Maximum Casing Test Pressure 88.0 psi (6.1 BAR)
Fuel Tank Capacity 30 to 100 gallons (60 gallon standard)
(113.5 to 378.5 liters— 227 liters standard)
Fuel Consumption
John Deere 4045D 3.82 gph (14.46 It @ 2200 rpm
Caterpillar 3054NA 4.3 gph (16.28 Iph) @ 2200 rpm
Pipe Connections 6" (150mm) ASA 150#
Solids Handling 3" (75mm) diameter, standard impeller
Materials
Pump Casing, Separation Tank and Wearplates Close Grained Cast Iron
Impeller Cast Chromium Steel,
hardened to minimum Brinnell 341 HB
Shaft 1-1/2% Nickel/Chromium Steel
Non Return Valve Body, Ejector Housing Close Grained Cast Iron
Non Return Valve— Ball and Seat High Nitrile Rubber
Mechanical Seal Faces Solid Silicon Carbide
Godwin Pumps of America, Inc. Engineering Catalog • Issue 4 • Rev. April 2005
CD 150M—3

g®dwin
pumps ENGINEERING CATALOG
CD150M Dri-Prime° Pump Engineering Data
Pump CD150M
Curve CD150M-280mm Impeller
Branch Sizes 611 x 6" (150mm x 150mm)
Speed Variable
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Notes:
1.Max. impeller diameter: 280 mm.
2.Min. impeller diameter: 240 mm.
3.Max. solids handling: 75 mm.
4.Add 12%for V-Belt drives.
5. Max.V-Belt speed: 1 BOO rpm.
6.Where a compressor is filled,add 2.6 kw for small size and add 8.25 kw for large size.
Godwin Pumps of America,Inc. Engineering Catalog • Issue 4 •Rev.April 2005
CD 150M-4

godwin
pumps ENGINEERIV -- CATs4Li. ,_
CD150M Dri-Prime' Pump Engineering Data
Pump CD150M Electric
Curve CD150M-EL.3
Branch Sizes 61
1
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Speed 1780 rpm
TOTAL HEAD
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0
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0 20 40 60 80 100 120 140 780 USEC
Notes:
1.Max. impeller diameter: 280 mm. CAPACITY
2.Min. impeller diameter: 240 mm.
3.Max. solids handling: 75 mm.,dia.
A.Add 12%for V-Belt drives.
5.Max.V-Belt speed: 1800 rpm.
6.Where a compressor is fitted,add 2.6 kw for small size and add 8.25 kw for large size.
Godwin Pumps of America, Inc. Engineering Catalog • Issue 4 • Rev.April 2005
CD150M—5

g®dwin
pumps ENGINEERING CATALOG
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CD 150M—7

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CD 150M—8

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APPENDIX ' E '

00 cCEIVED FEB 0 2 2009
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section �---
James D.Simons, PG, PE % Beverly Eaves Perdue,Governor
Director and State Geologist �,�o,✓G VOY �---- ee Freeman,Seta
December 16, 2008
Certified Mail
Return Receipt Requested
7006 2150 0005 7360 5078
Mr. Charles F. Lewis
E R Lewis Construction Company Inc.
PO Box 565
Greenville, North Carolina 27835
RE: Hart Mine
Pitt County
Tar River Basin
Dear Mr. Lewis:
We have reviewed the application your company submitted for the referenced mine site.
However, the following information is needed to continue processing your application:
1. The mine map is still confusing. The permit boundary is the ultimate affected
area including screening berms, access roads plus the buffers (along adjoining
property and waterways) surrounding the affected area.
2. Provide a narrative description of the dewatering activities.
Please be advised that our review cannot be completed until all of the.items listed
above have been fully addressed. In addition, please note the Land Quality Section may
request additional information, not included in this letter, as the mining application review
progresses.
In order to complete the processing of your application, please forward two (2) copies of
the requested information to my attention at the following address:
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC. 27699-1612
1612 Mail Service Center,Raleigh,North Carolina 27699-1612 - Telephone [phone]/FAX:[phone]
512 North Salisbury Street,Raleigh,North Carolina,27604-intemet:http://www.dlr.enr.state.nc.us/pagesfiandqualitysecUon.htrni
An Equal Opportunity/Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Certified Mail
Mr. Lewis
Page Two
As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days
from the date of your receipt of this letter to submit all of the requested information. If you are
unable'to meet this deadline and wish to request additional time, you must submit information,
in writing, to the Director clearly indicating why the deadline can not be met and request that
an.extension of time be granted. If an extension of time is not granted, a decision will be made
to grant or deny the mining permit based upon the information currently in the Department's
files at the end of the 180-day period.
Though the preceding statement cites the maximum time limit for your response, we
encourage you to provide the additional information requested by this letter as soon as
possible. Your prompt response will help us to complete processing your application sooner.
Please contact me at [phone] if you have any questions.
4incerely,
udith A. Wehner
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Pat McClain, PE
Mr. Bryan Fagundus — Rivers &Associates, PO Box 929, Greenville, NC 27835

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue,Governor
Director and State Geologist Dee Freeman,Secretary
December 16, 2008
C1�
Certified Mail �la�
Return Receipt Requested
7006 2150 0005 7360 5078
Mr. Charles F. Lewis
E R Lewis Construction Company Inc.
PO Box 565
Greenville, North Carolina 27835
RE: Hart Mine
Pitt County
Tar River Basin
Dear Mr. Lewis:
We have reviewed the application your company submitted for the referenced mine site.
However, the following information is needed to continue processing your application:
1. The mine map is still confusing. The permit boundary is the ultimate affected
area including screening berms, access roads plus the buffers (along adjoining
property and waterways) surrounding the affected area.
2. Provide a narrative description of the dewatering activities.
Please be advised that our review cannot be completed until all of the items listed
above have been fully addressed. In addition, please note the Land Quality Section may
request additional information, not included in this letter, as the mining application review
progresses.
In order to complete the processing of your application, please forward two (2) copies of
the requested information to my attention at the following address:
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
1612 Mail Service Center,Raleigh,North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street, Raleigh,North Carolina,27604•Intemet:hftp://www.dlr.enr.state.nc.us/pages/landqualitysection.htmi
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Certified Mail
Mr. Lewis
Page Two
As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days
from the date of your receipt of this letter to submit all of the requested information. If you are
unable to meet this deadline and wish to request additional time, you must submit information,
in writing, to the Director clearly indicating why the deadline can not be met and request that
an extension of time be granted. If an extension of time is not granted, a decision will be made
to grant or deny the mining permit based upon the information currently in the Department's
files at the end of the 180-day period.
Though the preceding statement cites the maximum time limit for your response, we
encourage you to provide the additional information requested by this letter as soon as
possible. Your prompt response will help us to complete processing your application sooner.
Please contact me at [phone] if you have any questions.
incerely,
�J
Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Pat McClain, PE
Mr. Bryan Fagundus— Rivers & Associates, PO Box 929, Greenville, NC 27835

Hart Mine Comments Pitt County
lft� �arJ
Subject: Hart Mine Comments Pitt County
From: Ricky Peed<[e-mail]>
Date: Mon, 26 Jan 2009 17:49:33 -0500
To: Judy Wehner<[e-mail]>
Attached are the comments for the referenced mine.
Thanks,
Ricky
Content-Type: application/msword
ADIHartminecomments74-87.doc
Content-Encoding: base64
1 of 1 1/27/2009 9:06 AM

%wo V.o
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
January 26, 2009
MEMORANDUM
TO: Judy Wenner
Assistant State Mining Specialist
FROM: Richard Peed
Washington Regional Office
RE: Proposed Hart Mine Application No. 74-87
Pitt County
Tar-Pamlico River Basin
The additional information submitted in response to the ADI dated December 16,2008 has
been reviewed with the following comments:
1. Copies of the signed returned receipts were submitted. However, two track &
confirm receipts were also submitted. Does this meet the notification requirement?
ok (eD L02A^ 0 /O
(02.
0 The applicant still needs to clarify the proposed permit boundary. The boundary will
need to include all areas that are to be disturbed as part o this permit(roads, berms,
etc.) as well as all buffers (disturbed &undisturbed).
k/ The applicant now shows a process area on the map.
It appears that all drainage features have been shown on the map and that they are not
/ considered blue line streams by DWQ.
`5 Access points and haul roads have been shown on the map.
Cross sections of the se g asin were provided. Howe better detail/narrative
of how the structure wil de�ho c;n must be provided
9! The applicant has provided the buffer information requested. However this number
may change if the permit boundary changes.
If we can be of any further assistance please advise.

�AG� i�f JAN — 9 IUJ
NCDENR DNI F- HABITAT PROTECTION J
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel III, Director
William G. Ross Jr., Secretary
December 9, 2008
MEMORANDUM
TO: Brenda Harris
Mining Program Secretary
Land Quality Section
FROM: Anne Deaton, Chief
Habitat Protection Section
Division of Marine Fisheries
SUBJECT: Mining Permit Application _
APPLICANT: ER Lewis Construction Co., Inc.
Hart Mine
PROJ. LOCATION: Pitt County
DUE DATE: December 16, 2008
Indicated below is the Division of Marine Fisheries reply for the above referenced
project. If you have any questions, please do not hesitate to contact me.
REPLY: This agency has no objection to the project as proposed.
✓ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See Attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED: DATE: ZAZ! S
3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 One
Phone: [phone] FAX: [phone]Internet: www.ncdmf.net NorthCaroll(i/Una
An Equal Opportunity t Affirmative Action Employer-50%Recycled 110%post Consumer Paper Naturally

1
./' A MrA � L---J
NCDENR Ec - s aoallorth Carolina Department of Environment and Natural ResouBITAT PROTECTI
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist November 24, 2008 William G. Ross Jr., Secretary
MEMORANDUM
TO: Ms. Anne Deaton D
Habitat Protection Section (
Division of Marine Fisheries
FROM: Brenda M. Harm DMF HABITAT PROTECTION
Mining Program ecretary
Land Quality Section
SUBJECT: Mining Permit Application for ER Lewis Construction Co., Inc.
Hart Mine
Pitt County
Please find attached for your review a copy of the mining permit application request
for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please
respond by December 16, 2008 so that we may complete our review of this request within
our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on wildlife and marine
fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is
recommended that they contact the person submitting this request to set up a convenient
date and time. Also, please send a copy of your comments to the person noted in the
application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
i AVst.--�.l LIV LLe,
/bmh
.IAN 22 -'UuJ
cc: Mr. Pat McClain
QUALITY Sr-r
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina,27604

�. ,
.� �
8 - ��"

`D" a
llorth Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B.tiandbeck,Administrator
Michael F.Easley,Governor Office of Archives and History
Lisbeth C.Evans,secretary Division of Historical Resources
Jeffrey J.Crow,Deputy secretary David Brook,Director
January 5,2009
MEMORANDUM RECEIVED
TO: Brenda Harris JAR 0 :,, LC:OJ
Land Quality Section LAND QUALITY
Division of Land Resources,NCC�DEJNR aJNLITY SECTION
FROM: Peter Sandbeck ��' PU(4 IteL
SUBJECT: Application for Mining Permit, ER Lewis Construction Company, Inc. Hart Mine, Pitt County,
ER 08-2855
Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter 74,
Article 7 of the North Carolina General Statutes.
Because of the location and topographic situation of the proposed project area,it is unlikely that any
archaeological sites which may be eligible for inclusion in the National Register of Historic Places will be
affected by the proposed borrowing. We, therefore,recommend that no archaeological investigation be
conducted in connection with this project.
While we note that this project review is only for a state permit, the potential for federal permits may require
further consultation with us and compliance with Section 106 of the National Historic Preservation Act.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579.
Su�.y r
(vL"
tzt� f pacz'k
Location:109 East Jones street,Raleigh NC 27601 Mailing Address:4617 Ma 7-6570/807-6599

MINING CHECKLIST FOR ROUTING
Applicant's Name: Project Name:
ApplicJPermit No.: County: Date Received:
Reviewer: River Basin Name:
❑New ❑Renewal ❑Modification (inside permit boundaries)
❑Modification (outside permit boundaries) ❑Transfer ❑Release
❑Partial Release ❑Additional Information ❑Fee Needed: $
❑Fee Received: $
Please route entire application packaQ2 to:
10 Regional Office (2 complete copies; attach the"LQ5 Regional
Office Mining Application Review Checklist"to one copy and attach hath the DWQ and DAQ
"Mining Application Review Form"to the other copy; send both copies to the Regional Engineer)
Date: Routed Rec'd
❑Division of Water Resources Date: Routed Reed
❑NG Wildlife Resources Commission Date: Routed Reed
❑U5 Fish &Wildlife Service Date: Routed Reed
(Only new applications and modification requests that add land to the permit)
Please route first 3 pages of the application and any location maps to:
❑Division of Parks & Recreation Date: Routed Reed
❑NG Geological 5urvey Section Date: Routed Reed
(Only new applications and modification requests that add land to the permit)
❑Division of Archives & History Date: Routed Reed
(Only new applications)
❑Other: Date: Routed Rec'd
"5uopense Date for Comments: (no later than 25 days
from receipt)
0 Please note the following:

or • Celebrating 90 Years of Service
Divers _ — Engineers
&Associates,lnc. Planners
si"cet"8 1918-2008 Surveyors
December 29,2008
Ms. Judith A. Wehner
NCDENR-Land Quality Section
1612 Mail Service Center =LAND
Raleigh,North Carolina 27699-1612
Subject: Hart Mine
Pitt County(Tar River Basin)
Dear Ms. Wehner:
Below is a summary of additional information for the subject Mining Permit Application in
response to your letter dated December 16, 2008 to Charles E. Lewis with E.R. Lewis Construction
Company.
1. Copies of the signed return receipts from certified mail are enclosed.
2. The 100 foot unexcavated buffer around the property line was related to a Pitt County
Zoning Ordinance requirement and should not have been shown on the mining map. This
buffer has been removed from the Mining Map and the applicant is requesting to permit
only the central area within the tract.
3. The processing area has been shown on the mining map along the northern side of the
excavated area.
4. There are three existing drainage features shown on the map. A stream determination was
made by the Pitt County Planning Department and a copy was included in the original
submittal package. The two northern features are exempt from the Tar-Pamlico Riparian
Buffer Rules and the most southern feature is subject to requirements of the Tar-Pamlico
Riparian Buffer Rules. The mining area does not impact the buffered stream.
5. Three existing driveways onto US Highway 264 will be utilized to access the mine site.
The internal connections from these driveways to the mining area have been shown.
6. Details of the sediment basin and outlet device have been added to the mining map.
7. The acreage of the unexcavated buffer is 10 acres and is indicated on the mining map.
Should you have any questions or need any additional information, please do not hesitate to contact
me.
With best regards,
Rivers and Associates,Inc.
Bryan C. agundus, P. .
Project Engineer
Enclosures
cc: E.R.Lewis Construction Co.
107 East Second Street,Greenville, NC 27858•Post Office Box 929,Greenville,NC 27835•[phone]•FAX[phone]
Email:[e-mail]

SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2, and 3.Also complete A. Sign at-1 '�7
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist November 24, 2008 William G. Ross Jr.,Secretary
MEMORANDUM
TO: Ms. Maria Tripp ti DEC 5,
Habitat Conservation Program Coordinator 2008
Wildlife Resources Commission Nf ""
core
FROM: Brenda M. Harrisgz)k
Mining Program Secretary ��>• _," '� �`v
Land Quality Section
SUBJECT: Mining Permit Application for ER Lewis Construction Co., Inc.
Hart Mine
Pitt County
Please find attached for your review a copy of the mining permit application
request for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please
respond by December 16, 2008 so that we may complete our review of this request
within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on wildlife and
freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site
inspection, it is recommended that they contact the person submitting this request to set
up a convenient date and time. Also, please send a copy of your comments to the person
noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH
YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions. Ivp
/bmh l
� wn 1j � 2U�8
Attachments IVb r�m�4
J alaR - `' ^ TlChi
cc: Mr. Pat McClain Ms.,T
,, __ �� Iz-is -� s
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604

MINING PERMIT APPLICATION REVIEW FORM
for the
DIVISION OF WATER QUALITY
Project/Number.-14� Vi,uw� 6u1ih("B1J Cou
y
0a'�-PGt�
—Due Date for Comments Back to Land Quality Section:
Will the operation, as proposed, 1violat@`standards of water quality?
Comments: 1 L,& < no ob •c �1 ;nn ri.c S,kc L' . I f
R c c.Y < 'I << u.�
Watershed/Stream Name & Classification:
YES NC
NPDES Permit required AALAc 61
NPDES permit existing (Permit =
Nondischarge permit required kM�t
Nondischarae permit existing (Permit
Wetlands disturbed
401 Wetland Cert. required
401 Wetland Cent. existing (Permit =_)
Reviewed by Y10}71 974 Date:
Print Name: I k.. Fj!! e-vh11'\
J5r"LC3 Central Office Rewewer:
RECEIVED
%C 17 2000
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MINING PERMIT APPLICATION REVIEW FORM
for the
DIVISION OF AIR QUALITY
Project/Number. 0 w County: I; l
—Due Date for Comments Back to Land Quality Section: /2 /r oa—
Will 'he operation, as proposed, violate s,arcares or air quaiiry % &17
Comments:
YES NO
Air permit required L
Air Cermit existing (Permit T x
Other Comments:
Reviewed by: 7u'1-J%�- � Date:
Print Name: )��H �✓
092005 Central C:fice Reviewer

NCDENR -
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons,P.G., P.E. Michael F. Easley,Governor
Director and State Geologist William G. Ross Jr.,Secretary
December 16, 2008
Certified Mail
Return Receipt Requested
7006 2760 0001 9284 0769
Mr. Charles F. Lewis
E R Lewis Construction Company Inc.
P4 Box 565
Greenville, North Carolina 27835
RE: Hart Mine
Pitt County
Tar River Basin
Dear Mr. Lewis:
We have reviewed the application your company submitted for the referenced mine site.
However, the following information is needed to continue processing your application:
1. Provide proof, such as copies of the signed return receipts from certified mail,
that the adjoining landowners and county manager have been properly notified.
2. The mine map is confusing. You have indicated a 100 foot buffer unexcavated
buffer around the property line and then show a buffer around the pit limits. Do
you intend to disturb the area in between? Are you requesting to permit the
entire tract or the central area within the tract? Please clearly indicate the permit
boundary. Show the existing structures on the mine map.
3. Show the processing area on the mine map.
4. Show all drainage features on the map. Buffers along streams and water ways
must be minimum 50 foot undisturbed not unexcavated, unless you obtain a
permit from the Division of Water Quality.
5. Show the roads that will connect to the access points and mine excavation.area.
All onsite roadways must be shown.

Certified Mail
Mr. Lewis
Page Two
6. Provide details of the stilling basin and outlet structure with stone and 18 inch
HDPE including cross sections and construction details.
7. Provide acreage for all unexcavated buffers.
Please be advised that our review cannot be completed until all of the items listed
above have been fully addressed. In addition, please note the Land Quality Section may
request additional information, not included in this letter, as the mining application review
progresses.
In order to complete the processing of your application, please forward two (2) copies of
the requested information to my attention at the following address:
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days
from the date of your receipt of this letter to submit all of the requested information. If you are
unable to meet this deadline and wish to request additional time, you must submit information,
in-writing.,-to the. Director clearly indicating why the deadline can not be met and request that
an extension of time be granted. If an extension of time is not granted, a decision will be made
to grant or deny the mining permit based upon the information currently in the Department's
files at the end of the 180-day period.
Though the preceding statement cites the maximum time limit for your response, we
encourage you to provide the additional information requested by this letter as soon as
possible. Your prompt response will help us to complete processing your application sooner.
Please contact me at [phone] if you have any questions.
Sincerely, r
Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Pat McClain, PE
Mr. Bryan Fagundus — Rivers &Associates, PO Box 929, Greenville, NC 27835

NCDERR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Michael F. Easley,Governor William G. Ross Jr.,Secretary
December 16, 2008 John Morris, Director
MEMORANDUM
TO: Ms. Judy Wehner
Land Quality Section
FROM: Gabrielle Cooper RECED
Ground Water Management Section 1 1
Division of Water Resources 20��
SUBJECT: Comments on the Mining Permit Application Request for: ✓AND uUAUTY SECTION
ER Lewis Construction
Hart Mine
Pitt County
Please find attached a copy of the mining permit application request for the above referenced project.
The Hart Mine located in Pitt County may have an unduly adverse effect on ground water supplies. This mine
is in the process of obtaining a CCPCUA permit.
A Central Coastal Plain Capacity Use Area(CCPCUA)permit must be obtained from the Division of Water
Resources if the withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret, Craven, Duplin,
Edgecombe, Greene, Jones, Lenoir, Martin, Onslow, Pamlico, Pitt, Washington, Wayne, or Wilson County.
If you have further questions please contact the Division of Water Resources at(919) 715-5370 or send
correspondence to 1611 Mail Service Center,Raleigh NC 27699-1611.
1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One
Phone: [phone] FAX: [phone] Internet: www.ncwater.org NorthCarolina
An Equal Opportunity/ARrmative Action Employer-50%Recycled 110%Post Consumer Paper Naturally
a ura ly

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G.,P.E. Michael F. Easley, Governor
Director and State Geologist November 24, 2008 William G. Ross Jr., Secretary
MEMORANDUM
TO: Mr. Nat Wilson
Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harris "`'"v
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Application for ER Lewis Construction Co., Inc.
Hart Mine
Pitt County
© Mine Dewatering Proposed ❑ No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit application request
for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on December 16, 2008 so that we may complete our review
of this request within our statutory time limits.
Any comments your agency can provide regarding potential effects on potable
groundwater supplies and groundwater quality will be appreciated. We would like to have
any recommendations you may provide for permit conditions, for reasonable protection of
groundwater quantity or quality.
If your staff wishes to perform a site inspection, it is recommended that they contact
the person submitting this request to set up a convenient date and time. Also, please
send a copy of your comments to the person noted in the application.
PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
/bmh
Attachments `,_
cc: Mr. Pat McClain W
NOV £8 2008
DIVISION OF WATER RESOURCES
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574/FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina,27604

Proposed Hart Mine
Subject: Proposed Hart Mine
From: Ricky Peed<[e-mail]>
Date: Tue, 16 Dec 2008 11:55:35 -0500
To: Judy Wehner<[e-mail]>
Judy,
Attached please find the comments for the referenced mine.
Thanks, and MERRY CHRISTMAS
Ricky
Hartminecomme Content Type: application/msword
nts74-87.doc
Content Encoding: base64
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Jul
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1 of 1 12/16/2008 11:55 AM

DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
December 15,2008
MEMORANDUM
TO: Judy Wehner
Assistant State Mining Specialist
FROM: Richard Peed
Washington Regional Office
RE: Proposed Hart Mine Application No. 74-87
Pitt County
Tar-Pamlico.River Basin
The application has been reviewed with the following comments:
1. Page 2,#1.The applicant states the application is only for 55.91 acres. However,the
way the map is drawn it appears that more than this amount will need to be permitted.
2. Page 6, #C.1. The applicant states that onsite processing of material will occur.
However, no processing areas are shown on the mine map.
3. Page 9, #C.7. If the applicant proposes to permit the entire tract residences and/or
other structures exist within 300 feet that are not shown on the mine map
The site and associated maps were reviewed on with the following comments:
1. The map as drawn does not include all drainage features,existing structures and farm
roads. The map needs to be revised to adequately reflect the actual site conditions.
2. The applicant shows three access points to the site. However, no onsite roadways
either exiting or proposed were shown.
3. The application states that only 55.91 acres will be utilized for this mine. However,
the site is approximately 200 acres in size and it appears on the map that more than
55.91 acres will be utilized.
4. The map does not clarify the proposed permit boundary. Does the applicant want to
permit the entire site or just a portion of the site?
5. Details of the proposed stilling basin and the outfall must be provided.
If we can be of any further assistance please advise.

Map for Hart Mine, Pitt County
Subject: Map for Hart Mine, Pitt County
From: "Myers, Susan" <[e-mail]>
Date: Tue, 2 Dec 2008 13:21:53 -0500
To: "[e-mail]" <[e-mail]>
Judy,
Hi. May I borrow the larger map showing boundaries of the Hart Mine? We've got a site
recorded to the south. Thanks.
Susan
Susan Myers
Site Registrar and Staff Archaeologist
Office of State Archaeology
4619 Mail Service Center
Raleigh, NC 27619-4699
Phone: [phone]
Fax: [phone]
NOTICE: This communication may not reflect or represent the views of the Department
of Cultural Resources. E-mail to and from me, in connection with the transaction of
public business, is subject to the North Carolina Public Records Law and may be
disclosed to third parties.
Please note my new e-mail address: [e-mail].
I of 1 12/2/2008 1:46 PM

Log In#:
DPR/RRS Mining Permit Application Review
SfeJ�
RRS Contact: -//rC
Name of project: fW/,`C, 7;, J6 4 j :ioip
4 c C m,s f2,,Z,
County: '
Proposed activity is _ is not [/ within 5 miles of a public park or recreation area.
If yes, identify the park:
Manager/agency name:
(contact name):
(phone; fax):
(e-mail):
Review conducted by: (. Date: �o Y
d
PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS.
YOU CAN ALSO E-MAIL YOUR COMMENTS TO:
Adrien ne.McCoi e(@n cma il.n et
Parks &
THANKS!
DEC 0 5 2008
Return form and materials to: Admin-Dir OffiCe
Adrienne McCoig
DENR/Division of Parks & Recreation par'`"
1615 MSC
Raleigh, NC 27699-1615 D .4
rci,. ce
(Please Print on COLOR Paper)

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist November 24, 2008 William G. Ross Jr., Secretary
MEMORANDUM
TO: Mr. Lewis Ledford, Director
Division of Parks and Recreation
FROM: Brenda M. Harris 9i cz�
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Application for ER Lewis Construction Co., Inc.
Hart Mine
Pitt County
Please find attached for your review a copy of the mining application request for the
above referenced project.
Please review this information and advise as to the probability of this operation
having unduly December 16, 2008 so that we may complete our review of this request
within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on publicly owned
parks, forests or recreation areas would be greatly appreciated. If your staff wishes to
perform a site inspection, it is recommended that they contact the person submitting this
request to set up a convenient date and time. Also, please send a copy of your comments
to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND
MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
You(continued cooperation is greatly appreciated. Please contact MMs� itiylvED
Wehner at 919 733-4574 if you have an q uestions. Ee
/bmh r .(i 2C'�
Attachments LAND QUALITY
cc: Mr. Pat McClain a,IININGPROGRAM
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574/FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

V C
t.
(Owl)
Parks&Recreation
NOV 2 5 2000
Admin-Dir Office

MINING CHECKLI5T FOR ROUTING
Applicant's Name: Project Name:
ApplicJPcrmit No.: County: Date Received:
Reviewer: River Basin Name:
❑New 0 Renewal 0 Modification (inside permit boundaries)
❑Modification (outside permit boundaries) ❑Transfer ❑Release
❑Partial Release 0 Additional Information 0 Fee Needed: $
❑Fee Received: $
Please route entire application pac aQe to:
Regional Office (2 complete copies; attach the"LQ5 Regional
Office Mining Application Review Checklist"to one copy and attach hcth the PWQ and DAQ
"Mining Application Review Form"to the other copy; send both copies to the Regional Engineer)
Date: Routed Reed
0 Division of Water Resources Date: Routed Reed
❑NC Wildlife Resources Commission Date: Routed Reed
❑U5 Fish &Wildlife 5ervice Date: Routed Reed
(Only new applications and modification requests that add land to the permit)
Please route first 3 ;2=5 of the application and any location maps to:
0 Division of Parks &Recreation Date: Routed Reed
0 NC Geological Survey Section Date: Routed Reed
(Only new applications and modification requests that add land to the permit)
❑Division of Archives & History Date: Routed Reed
(Only new applications)
❑Other. Date: Routed Rec'd
`suspense Date for Comments: la li, r (no later than 25 days
from receipt)
0 Please note the following: MCI 1

NOTICE OF MINING PERMIT APPLICATION
Subject: NOTICE OF MINING PERMIT APPLICATION
From: Brenda Harris <[e-mail]>
Date: Mon, 24 Nov 2008 10:46:15 -0500
To: "Representative Arthur J. Williams" <[e-mail]>, Representative Edith Warren
<[e-mail]>, Representative Marian McLawhorn<[e-mail]>, , , Jim Simons
<[e-mail]>, Mell Nevils <[e-mail]>, Floyd Williams
<[e-mail]>
N. C. DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DIVISION OF LAND RESOURCES
TO: Pitt County Senators and Representatives
FROM: Division of Land Resources, DENR
SUBJECT: Notice of Mining Permit Application
DATE: November 24, 2008
In an effort to keep you informed of activities in your area,this is to inform you that an application
for a new Mining Permit, or an application to expand an existing mine in Pitt County has been received
by our office. The following notice is required to be sent by the applicant to all adjoining landowners
and to the chief administrative officer of the local government.
If you have any questions concerning this application,please contact Mr. James D. Simons,
Director and State Geologist, Division of Land Resources at 919-733-3833 or
mailto:Jim.Simons ancmail.net .
Pursuant to provision G.S. 74-50 (bl) of The Mining Act of 1971,Notice is hereby given that E
R Lewis Construction Company, Inc. has applied on November 17,2008 to the Land Quality
Section,Division of Land Resources,North Carolina Department of Environment and Natural
Resources, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612,for(check one):
(a) a new surface mining permit: X
(b) a modification of an existing surface mining permit to add land to the permitted
area:
The applicant proposes to mine Sand on 55.91 acres of land located 3.5 miles East of
Greenville off/near road US Highway 264 in Pitt County.
In accordance with G.S. 74-50(bl),the mine operator is required to make a reasonable effort
to notify all owners of record, both public and private, of all tracts of land that are adjoining the
mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by
the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified
1 of 2 11/24/2008 10:46 AM

NOTICE OF MINING PERMIT APPLICATION
(that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must
also notify the chief administrative officer of the county or municipality in which any part of the
permitted area is located. Any person may file written comment(s) to the Department at the above
address within thirty (30) days of the issuance of this Notice or the filing of the application for a
permit,whichever is later. Should the Department determine that a significant public interest
exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day
comment period specified above.
A copy of the permit application materials is on file and available for public review during
normal business hours at the above listed address as well as at the appropriate regional office.
For information regarding the specifics of the proposed mining activity, please contact the
applicant at the following telephone number: (252 321-1101. For information on the mining
permit application review process,please contact the Mining Program staff at(919) 733-4574.
Please note that the Department will consider any relevant written comments/documentation
within the provisions of the Mining Act of 1971 throughout the application review process until a
final decision is made on the application.
Name& Address of Applicant, including Contact Person & Company Name,if applicable:
Charles E. Lewis
E R Lewis Construction Company, Inc.
PO Box 565
Greenville,NC 27835
2 of 2 11/24/2008 10:46 AM

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Date: 11/21/2008
Scale: 1 inch equals 2000 feet
Copyright(C)1997,Maptech,Inc.

Ag 2 1
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons,P.G., P.E. Michael F. Easley,Governor
Director and State Geologist November 24, 2008 William G.Ross Jr.,Secretary
MEMORANDUM
TO: Ms. Maria Tripp
Habitat Conservation Program Coordinator
Wildlife Resources Commission
FROM: Brenda M. Harris 9:Dk
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Application for ER Lewis Construction Co., Inc.
Hart Mine
Pitt County
Please find attached for your review a copy of the mining permit application
request for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please
respond by December 16, 2008 so that we may complete our review of this request
within our statutory time limits.
As is the case in our review of-all mining-permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on wildlife and
freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site
inspection, it is recommended that they contact the person submitting this request to set
up a convenient date and time. Also, please send a copy of your comments to the person
noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH
YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
/bmh
Attachments
cc: Mr. Pat McClain
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574/FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

-NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons,P.G., P.E. Michaelf.Easley,Governor
Director and State Geologist November 24, 2008 William G. Ross Jr.,Secretary
MEMORANDUM
TO: Mr. Nat Wilson
Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harris
qFzb
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Application for ER Lewis Construction Co., Inc.
Hart Mine
Pitt County
® Mine Dewatering Proposed ❑ No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit application request
for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on December 16, 2008 so that we may complete our review
of this request within our statutory time limits.
Any comments your agency can provide regarding potential effects on potable
- groundwater supplies-and groundwater-quality will-be appreciated. We would-like to have
any recommendations you may provide for permit conditions, for reasonable protection of
groundwater quantity or quality.
If your staff wishes to perform a site inspection, it is recommended that they contact
the person submitting this request to set up a convenient date and time. Also, please
send a copy of your comments to the person noted in the application.
PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
/bmh
Attachments
cc: Mr. Pat McClain
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574/FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

� A;,K%
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons,P.G.,P.E. November 24, 2008 Michael F. Easley,Governor
Director and State Geologist William G.Ross Jr.,Secretary
MEMORANDUM
TO: Mr. Peter M. Benjamin
Application Review Coordinator
U.S. Fish and Wildlife Service
FROM: Brenda M. Harris &;Zvb
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Application for ER Lewis Construction Co., Inc.
Hart Mine
Pitt County
Please find attached for your review a copy of the mining application request for the
above referenced project.
Please review this information and advise as to the probability of this operation
having unduly December 16, 2008 so that we may complete our review of this request
within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
- measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on wildlife and
freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site
inspection, it is recommended that they contact the person submitting this request to set
up a convenient date and time. Also, please send a copy of your comments to the person
noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND
MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
/bmh
cc: Mr. Pat McClain
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 4-919-733-4574/FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

r
��_
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons,P.G.,P.E. Michael F.Easley,Governor
Director and State Geologist William G. Ross Jr.,Secretary
November 24, 2008
MEMORANDUM
TO: Mr. Lewis Ledford, Director
Division of Parks and Recreation
FROM: Brenda M. Harris 4c"�
Mining Program Secretary
Land Quality Section --
SUBJECT: Mining Permit Application for ER Lewis Construction Co., Inc.
Hart Mine
Pitt County
Please find attached for your review a copy of the mining application request for the
above referenced project.
Please review this information and advise as to the probability of this operation
having unduly December 16, 2008 so that we may complete our review of this request
within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment_control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on publicly owned
parks, forests or recreation areas would be greatly appreciated. If your staff wishes to
perform a site inspection, it is recommended that they contact the person submitting this
request to set up a convenient date and time. Also, please send a copy of your comments
to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND
MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
/bmh
Attachments
cc. Mr. Pat McClain
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons,P.G.,P.E. Michael F. Easley,Governor
Director and State Geologist William G. Ross Jr.,Secretary
November 24, 2008
MEMORANDUM
TO: Ms. Renee Gledhill-Earley
Application Review Coordinator.
Archives & History
FROM: Brenda M. Har s
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Application for ER Lewis Construction Co., Inc.
Hart Mine
Pitt County
Please find attached for your review a copy of the mining application request for the
above referenced project.
As is the case in our review of all mining permit applications, renewals and
_ modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on significant
archeological resources and/or human skeletal remains would be greatly appreciated. If
your staff wishes to perform a site inspection, it is recommended that they contact the
person submitting this request to set up a convenient date and time. Also, please send a
copy of your comments to the person noted in the application.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
• Wehner at [phone] if you have any questions.
/bmh
Attachments
cc: Mr. Pat McClain
1612 Mail Service Center, Raleigh, North Carolina 27699-1 o i 2 - 919-733-4574 r FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

1�pJ
PIMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons,P.G., P.E. Michael F. Easley,Governor
Director and State Geologist November 24, 2008 William G. Ross Jr.,Secretary
MEMORANDUM
TO: Ms. Anne Deaton
Habitat Protection Section
Division of Marine Fisheries
FROM: Brenda M. Harr'
Mining Program ecretary
Land Quality Section
SUBJECT: Mining Permit Application for ER Lewis Construction Co., Inc.
Hart Mine
Pitt County
Please find attached for your review a copy of the mining permit application request
for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please
respond by December 16, 2008 so that we may complete our review of this request within
our statutory time limits. ---
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on wildlife and marine
fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is
recommended that they contact the person submitting this request to set up a convenient
date and time. Also, please send a copy of your comments to the person noted in the
application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
/bmh
cc: Mr. Pat McClain
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574/FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

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BRANCH BNKG AND TRUST COMPANY
E E R LEWIS GREeMUE,NC 278M
CONSTRUCTION CO INC wl I zwi
11/17/2008
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DOLLARS
NC DENR
1617 Mail Service Center
Raleigh NC 27699-1617
10 Hart Mine-Mining Permit
110033 ? L5"' 1:053 L0 L L 2 W: 5 L9864500311' ;

— Celebrating 90 Years of Service
RiversEngineers
&Associates,lnc. Planners
Since1918 1918-200S Surveyors
LETTER OF TRANSMITTAL
Date Job No.
TO: NCDENR November 19, 2008
Land Quality Section ATTENTION:
1612 Mail Service Center Mr. Floyd R. Williams, PG, CPG, C PM
Raleigh, NC 27699-1612 SUBJECT:
-- — -------- ..._._.._...._----- -
E.R. Lewis Construction Company, Inc.
Proposed Hart Mine
Pitt County, North Carolina_
GENTLEMEN:
WE ARE SENDING YOU [X] Attached [ ] Under separate cover via U.S. Mail the following items:
[ ] Shop Drawings [ ] Prints [ ] Plans[ ] Samples [ ] Specifications
[ J Copy of letter [ ] Change order [ ] Other
COPIES DATE ! No. DESCRIPTION
6 11/17/2008 ! 1 North Carolina Mining Permit Application
1 11/17/2008 Application Fee ($1,000.00)
1 Certified Mail Receipts for Adjoining Owner Notices
THESE ARE TRANSMITTED as checked below:
[ ] For approval [ ] Approved [ ] Resubmit_copies for approval
[ ] For your use [ ] Approved as noted [ ] Submit_copies for distribution
[ ] As requested [ ] Disapproved [ ] Return_corrected prints
[X] For review and comment [ ] Other
REMARKS:
Mr. Williams,
Enclosed are six copies of the Mining Permit Application package for the proposed Hart Mine
to be located east of Greenville off US Highway 264 East in Pitt County.
Should you have any questions during your review, or if you require additional information,
please do not hesitate to call me.
With best rega/rddss,
COPIES TO: Charles E. Lewis, w/ enclosure SIGNED: ♦12
If enclosures are not as noted,kin*note us at once Bryan Fagllndus, P
[e-mail]
107 East Second Street * Post Office Box 929 * Greenville, North Carolina 27835 * (252)7524135 * FAX[phone]
One Springfield Center * 6131 Falls of Neuse Road * Raleigh, North Carolina 27609 * [phone] * FAX[phone]

VAW
v Celebrating % Years of Service
Divers _ — Engineers
&Associates,mc. Planners
sinceI918 1918-2008 Surveyors
LETTER OF TRANSMITTAL
Date _ IJob_No.
TO: NCDENR November 19, 2008
Land Quality Section ATTENTION:
1612 Mail Service Center Ms. Ashle Rogers
Raleigh, NC 27699-1612 SUBJECT:
E.R. Lewis Construction Company, Inc.
Proposed Hart Mine
Pitt County, North Carolina
GENTLEMEN:
WE ARE SENDING YOU [X] Attached [ ] Under separate cover via UPS the following items:
[ ] Shop Drawings [ ] Prints [ ] Plans[ ] Samples [ ] Specifications
[ ] Copy of letter [ ] Change order [ ] Other
COPIES DATE No. DESCRIPTION
5 11/17/2008 North Carolina Mi iing Ion
i
NOV 21 "::1
i
LAND QUALITY SECTION
THESE ARE TRANSMITTED as checked below:
[ ] For approval [ ] Approved [ ] Resubmit_copies for approval
[ j For your use [ ] Approved as noted [ ] Submit_copies for distribution
[ ] As requested [ ] Disapproved [ ] Return_corrected prints
[X] For review and comment [ ] Other
REMARKS:
Ms. Rogers,
Enclosed are five copies of the Mining Permit Application for the proposed Hart Mine to be located
east of Greenville off US Highway 264 East in Pitt County.
Should you have any questions during your review, or if you require additional information,
please do not hesitate to call me.
With best regards,
COPIES TO: SIGNED: (�
If enclosures are not as noted,kindly notify us at once BIyan Fagllndus, P.
[e-mail]
107 East Second Street * Post Office Box 929 * Greenville, North Carolina 27835 * (252)7524135 * FAX[phone]
One Springfield Center * 6131 Falls of Neuse Road * Raleigh, North Carolina 27609 * [phone] * FAX[phone]

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GRAPHIC SCALE �� Plivers Planners
Surveyors
Associates,Inc.
1000 0 500 1000 Since 1918
107 East Second Street 6131 Falls of Neuse Road,Suite 300
Greenville,NC 27858 [phone] Raleigh,NC 27609 [phone]
( IN FEET QUADRANGLE SHEET
1 Inch = 1000 ft. E.R. LEWIS CONSTRUCTION COMPANY, INC.
HART MINE

NORTH CAROLINA
MINING PERMIT APPLICATION
state of North Carolina
Department of Environment
And Natural Resources
Division of Land Resources
Land Quality section
RECEIVED
NOV 20
UWU QUALITY SECTION
1612 Mail service center
Raleigh , North Carolina 27699- 1612
(919) 733-4574
Revised 4/2002

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MINING PERMIT APPLICATION
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1612 Mail Service Center
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It is recommended that you contact the appropriate
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PRE-APPLICATION MEETING
To discuss your intentions and address any questions
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MINING PERMIT APPLICATION REVIEW
PROCESS FLOWCHART
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BEGINNING OF PROCESS
Application received by Land Quality Section/
LIMState Mining Specialist Applicant issues
Public Notice
L-W Application assigned to
Assi stant State Mining Specialist
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bw Assistant State Mining Specialist/Program Secretary
routes application for review and comment
`ow -U.S.Fish&Wildlife Service -Land Quality Section Regional Office
-N. C. Geological Survey
-Wildlife Resources Commission
-Division of Water Resources -Division of Air Quality
-Division of Archives & History
-Division of Parks & Recreation -Division of Water Quality
-Others as appropriate
application review comments forwarded to ; Review Public Comments;
All a
pp Public Hearing Possible
Assistant State Mining Specialist •••••••••••••••••••••••••••••••••••••
Is application complete?
LIM
If"NO",Assistant State Mining
Uri "YES", Specialist drafts a letter requesting
IfAssistant State Mining additional information from applicant
Specialist drafts the proposed
permit action
Additional information from
applicant received and routed
to/reviewed by Assistant State Mining
Specialist and Land Quality Section
Regional Office
(go to*)

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Application & proposed permit action
reviewed by State Mining Specialist
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proposed permit action
complete/acceptable??
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ed by the State Mining Specialist: re
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Permits action returned to Assistant
t Transfers/Name Changes ining Specialist for revision
Substitutionst Releases )
END OF PROCESS
For other permit actions,if"Yes",
UW application & proposed permit action
forwarded to and reviewed by Land
Quality Section Chief
Is application &
proposed permit action
complete/acceptable??
If"NO", application &proposed permit
If"YES", application & proposed action returned to State Mining Specialist/
permit action forwarded to and Assistant State Mining Specialist for revision
reviewed by Division Director (go to
Is application&
proposed permit action
complete/acceptable??
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issued by the Division Director action returned to Section Chief/State Mining
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FEND OF PROCESS

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W, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
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APPLICATION FOR A MINING PERMIT
tw (PLEASE PRINT OR TYPE)
1. Name of Mine Hart Mine County Pitt
River Basin Tar-Pamilco Latitude(dd.mm.ss) 35°37'10"Longitude(dd.mm.ss) -77114158"
2. Name of Applicant* E.R. Lewis Construction Company,Inc.
3. Permanent address for receipt of official mail** P.O.Box 565
tow Greenville,NC 27835
Telephone [phone]
M
4. Mine Office Address 100 E.Arlington Boulevard
Law Greenville,NC 27835 Telephone [phone]
5. Mine Manager Charles E.Lewis
im
We hereby certify that all details contained in this Permit Application are true and correct to the best of our
knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit
revocation.
***Signature Date
Print Name Charles E. Lewis
Title_ Corporate Secretary
* This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond(security)that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** Signature of company officer required.
G.S.74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a
LW complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any
supplemental information required by the Department. All questions must be addressed and all required maps
provided before this application can be considered complete. Attach additional sheets as needed.
-1-
km

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,J APPLICATION FOR A MINING PERMIT
■ NOTE: All of the following questions must be thoroughly answered with regards to your mining
operation for the intended life of the nine. All responses must be clearly conveyed on a corresponding,
detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
`-' Answer all of the following that apply:
1. a. If this is an application for a NEW permit,indicate the total acreage at the site to be covered by the
kzd permit(this is the acreage that the "new permit" fee will be based upon): 55.91. Ac.
Of this acreage,how much is owned and how much is leased? Acres owned: None Acres
� leased: All Property owner if leased: Harvey R. Lewis
b. If this is an application for RENEWAL of a mining permit,indicate the mining permit number and
the total(overall) acreage covered by the existing permit: Mining Permit No.: Total
LW permitted acreage(this is the acreage that the "renewal" fee will be based upon):
c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit
UW number and the total(overall)acreage covered by the existing permit: Mining Permit
No.: Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
Wu Yes_No . If yes,indicate the acreage to be covered by this modification(this is the acreage that
the"major modification" fee will be based upon):
Does the modification involve acreage outside the previously approved permitted boundary?
` ' Yes No . If yes,indicate the additional acreage to be covered by this
modification: (NOTE: you must complete all of Section F.of this application form
entitled Notification of Adjoining Landowners).
LSW
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" fee 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):
wpi
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.:
am Total permitted acreage:
■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO
BE PAID FOR THE REQUESTED PERMIT ACTIONS)AND CORRESPONDING ACREAGE NOTED
ww ABOVE
2. Name of all materials mined: Sand
L-A 3. Mining method: Hydraulic Dredge Front-end Loader&Truck X Shovel&Truck
X Dragline&Truck X Self-loading Scraper X Other(explain)
Ind
LW, -2-
UW

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APPLICATION FOR A MINING PERMIT
4. a. Expected maximum depth of mine(feet) 30
Depth is relative to what benchmark? (e.g.,natural ground level, mean sea level,road elevation, etc.)
Natural Ground
b. Expected average depth of mine(feet) 25
5. Has any area(s)at this site been mined in the past? Yes No X
If yes,when and by whom was this activity conducted?
6. Number of years for which the permit is requested(10 years maximum): 10
B. MAPS
1. Clearly mark and label the location of your mining operation on six(6)copies of a 7.5 minute quadrangle
and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation
maps,must be submitted with each permit application.
- 7.5 minute quadrangles may be obtained from:
N.C. Geological Survey
� N6 2 Mail Service Center
Raleigh,North Carolina 27699-1612
[phone]
LIN
- County highway maps may be obtained from:
�+
Location Department
State Highway Commission
LWJ Raleigh,North Carolina 27602
[phone]
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APPLICATION FOR A MINING 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 along with their corresponding(approximate)acreage. As a reminder,mining permits can
only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those
activities that are intended to be conducted during the life of the mining permit. All maps must be
of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a
minimum:
a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located
LIM including easements and rights-of-way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.
Wo d. Outline and width of all buffer zones(both undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
f. Outline and acreage of all stockpile areas.
g. Outline and acreage of all temporary and/or permanent overburden disposal areas.
12!d 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.
in. Location and dimensions of all proposed sediment and erosion control measures.
km n. Location of 100-year floodplain limits and wetland boundaries.
o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of
UW the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of
the mining permit boundary,must be provided on the mine map.
p. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary which lie directly across and are contiguous to any highway;creek,stream,river,or
tift other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is
owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of
record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary,must
be provided on the mine map(s). NOTE: "Highway"means a road that has four lanes of travel or
�' less and is not designated as an Interstate Highway.
q. Map legend:
Wa 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
tw+ 8. Name and title of person preparing map
Map scales should meet the following guidelines:
PERMITTED ACREAGE MAP SCALE
0-99 Acres 1 inch=50 feet
100-499 Acres 1 inch= 100 feet
500+Acres 1 inch=200 feet
(NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items)
, , -4-

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
Stockpiles
Wastepiles
Processing Area/Haul Roads
Mine Excavation
Other
m
NOTE: IN ADDITION TO THE ABOVE,THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC
INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN
THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS
THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE
WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS.
u
�, -5-
km

m
APPLICATION FOR A MINING PERMIT
C. PROTECTION OF NATURAL RESOURCES
1. Describe in detail the sequence of events for the development and operation of the mine and reference the
sequence to the mine map(s). Attach additional sheets as needed.
The settling basin will be excavated. Overburden material from the settling basin and mine areas will be
utilized to construct the screening berms. This material may be supplemented with off-site material if
necessary for the construction and stabilization of the screening berms. Trees will be planted in accordance
with Pitt County zoning requirements.
Upon completion of the above listed activities,mining operations will commence. A dewatering
pump will be utilized to keep the excavation free of standing water. Sand processing will be
W' performed ofsite utilizing dewatering wastewater to wash the sand. Both dewatering and process
wastewater will discharge through the settling basin shown on the mining map. The settling basin
will discharge through an 18"pipe and a rip rap spillway outside of the Riparian Buffer of the
Lew stream shown on the mining map.
twi
2. Describe specific erosion control measures to be installed prior to land disturbing activities and during
mining to prevent offsite sedimentation(include specific plans for sediment and erosion control for mine
excavation(s), waste piles,access/mine roads and process areas),and give a detailed sequence of installation
i31 and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures
on the mine maps)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.
Ww
Prior to commencing any land disturbing activities,gravel construction entrances shall be
installed at all mine entrances as shown on the mining map. Silt fence shall be installed as shown
t=, on the mining map prior to clearing and grubbing activities. The settling basin shall be excavated
and completed prior to beginning mining operations.
3. a. Will the operation involve washing the material mined, recycling process water, or other waste water
handling? Yes X No If yes, briefly describe all such processes including any chemicals to be
used.
The material will be screened and water from the excavation will be used. Water will return to the
,a, excavation area and no chemicals are proposed to be used during the process.
W
b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to
the waters of the State?Yes X No . If yes, briefly describe the nature of the discharge
1IM and locate all proposed discharge points(along with their method of stabilization)on your mine map(s).
The excavation area will be dewatered into the sediment basin. The sediment basin will outlet
prior to entering the Riparian Buffer of an unnamed tributary to the Tar River.
�, -6-

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tow Surface Mining Manual Erosion and Sediment Control
Overfill 6 in. for
21 in. 4 ft. Min. settlement
_-
Design - .I O O O
'�� 0 0 0 0 0 -
5 ft. Bottled J1 °O°O°O°O°O 1" 2:1 Side Emergency
� Max. p t O 0 0 0 0 0 0 slope by-pass
Filter ~-1 °O o o 0 o° }: 1:1 Side bin, below
fabric settled top
°O°O 1 slope of dam
3 ft. Mina Key in
1.0 IN 2 ft. min. Natural
�+ Front Viewground
5 ft. Min.
To of Berm Top Width Rip-Rap
OO�ODOpO 1.5ft.
U Top of Weir o 0 0 Freeboard
0 0 0 0
5 ft. Sediment 2 (or Flutter) 0 0 0 0 0 0 0 0 0 0 0 0 0 2 (or Flatter)
Wo 'Max, Storage #5751one o00°O°O°O°O° °O -�1
Depth O O O O O o 00 0 0
000°0°0°0°0000 00000
000000000 o 00000 o o aoo Uri 0 o
00000
1 ft. 1 1 0000
0-0
1 Filter Fabric
,IM Excavate Sediment
Storage Basin as 2 ft. Min.
required Section Thru Weir
Sediment Storage Bottom Bottom heir
Trap No. Depth Width Length Length
Note:
1. Provide Sediment Storage Depth, Bottom Length, Bottom Width and
Weir Length for each Sediment Trap in tabular form.
2. Excavate sediment storage area as needed.
,Not To Scale
Figure 12-1. Temporary Sediment Trap Detail
February 1996 North Carolina Department of Environment, Health and Natural Resources 12-7

Surface Mining Manual Erosion and Sediment Control
Stone liner Smoothly Blend
contact area
2 (or Flolter) 2 (or Flatter)
Uri1 Channel Depth I
Filter Layer,---Z/
Sand, Stone,
Gravel or Fabric
UW logo Bottom
Width
Station Channel Bottom Side
Channel No. From To Depth Width Slope
ww
NOTES:
1. Provide channel depth(s), side slope(s) and bottom width(s) in tabular form on
MW plans.
2. For stone classifications Class A and Class B. use NCDOT Standard
Specifications for rip-rop and erosion aggregate sites.
3. For filter layer, use No. 4, 57, 467, or equivalent aggregate gradations from
NCDOT Standard Specifications.
4. Minimum stone bedding thickness:
NCDOT Class A - 9 in.
UW NCDOT Class B - 24 in.
NCDOT Class I - 24 in.
NCDOT Class It - 26 in.
NCDOT No. 4,
57, 467, or
equivalent - 4 in.
Not To Scale
w' Figure 12-14. Diversion Channel Detail
Notes C1�aiinel mint a,adcr�c t�e�x ag grading prdma fi :-:
..:.
allow placement Q s#vne 11merF Dori +cat channel to fi-
'tltaieni ons:t en b tiw i.wit t stun :.
February 190 North Carolina Department of Environment, Heailh and Natural Resources 12-29

gad
APPLICATION FOR A MINING PERMIT
c. Will any part of the proposed mine excavation(s) extend below the water table?
Yes X No . If yes, do you intend to dewater the excavation(s)? Yes X
No . If yes, what impact, if any, will mine dewatering have on neighboring wells?
Estimated withdrawal rate in gallons per day: 351,000 ave. 2,808,000 max. . Locate all existing
wells on the mine maps)that lie within 500 feet of the proposed excavation area. Provide data to
Uzi support any conclusions or statements made,including any monitoring well data,well construction
data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a
public water system or private wells.
There are no existing residences on the 200 Ac. +/- property, which has historically been in
active cultivation. Based on visual observation,there are no existing wells within 500 feet of
the excavation area.
The proposed mine area is not served by a public water system.
kW
Uri d. If you answered yes to any of the above questions, provide evidence that you have applied for or
obtained the appropriate water quality permit(s) (i.e., non-discharge, NPDES, Stormwater, etc.)
from the Division of Water Quality,Water Quality Section. In addition,the applicant is required to
register water use with the Division of Water Resources if the operation withdraws more than
100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if
the operation lies in a capacity use area and withdraws more than 100,000 gallons per day.
`J A copy of the NPDES Permit Application is enclosed as Appendix 1.
A copy of the CCPCUA Permit Application is enclosed as Appendix 2.
kw
bw 4. a. Will the operation involve crushing or any other air contaminant emissions?
Yes No A If yes, indicate evidence that you have applied for or obtained an air
quality permit issued by the Division of Air Quality or local governing body.
b. How will dust from stockpiles,haul roads, etc.,be controlled?
Dust will be controlled by the use of a non-potable water truck.
�► -7-

trJ
APPLICATION FOR A MINING PERMIT
5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of-
way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion &
Wo sedimentation control measures may be installed within it), an undisturbed buffer(no disturbance
within the buffer whatsoever),or a combination of the two,depending upon the site conditions. Note
that all buffers must be located within the mining permit boundaries.
U1W How wide a buffer will be maintained between any mining activity and any mining permit boundary
or right-of-way at this site? A minimum buffer of 25 feet is recommended,although a wider buffer
may be needed depending on site conditions. Show all buffer locations and widths on the mine
map(s).
A 25' unexcavated buffer will be maintained between the mining activities and the permit
,aw boundaries.
L1W b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities
within the mining permit boundaries and any natural watercourses and wetlands unless smaller
undisturbed buffers can be justified. Depending on site conditions,a buffer wider than 50 feet may
be needed.
tm
How wide an undisturbed buffer will be maintained between any land disturbing activities within the
mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer
t:W locations and widths on the mine map(s).
The mining permit boundary is outside of any natural watercourses and potential wetland
�+ areas.
too 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries
during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and
minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required,unless
kMW technical justification can be provided to allow steeper slopes.
Slopes adjacent to permit boundaries shall have a maximum slope of 3 horizontal to 1 vertical.
, ► -8-

km
APPLICATION FOR A MINING PERMIT
b. Provide a cross-section on the mine map(s)for all fill slopes (berms, wastepiles, overburden
disposal areas, etc), clearly indicating the intended side slope gradient, installation of any benches
m and/or slope drains (with supporting design information) if needed, and the method of final
stabilization.
Refer to the screening berm detail on the mining map. Final stabilization will be in accordance
�' with the seeding schedule included as part of the reclamation plan.
im
UW c. In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including
specifications for benching and sloping. Cross-sections for all cut slopes must be provided on the
mine map(s).
tZW A 3 horizontal to 1 vertical or flatter slope will be maintained.
u
d. In hardrock excavations,specify proposed bench widths and heights in feet. Provide cross-sections
of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and
MW mine benches, and the expected maximum depth of the excavation.
N/A
7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling
house,public road, public, commercial or industrial building from any mine excavation. Locate all such
structures on the mine map if they are within 300 feet of any proposed excavation.
There are no structures within 300 feet of the proposed pit limits.
8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area
and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder
barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each
type of barricade to be used must be indicated on the mine map(s).
Earthen berms will be constructed adjacent to the public right of way of US Highway 264 and along
the western property boundary. Existing woods will act as a barrier for inadvertent public access
'�' along the remainder of the property.

kow
,a, APPLICATION FOR A MINING PERMIT
9. Are acid producing minerals or soils present? Yes No X . How will acid water
pollution from the excavation, stockpiles and waste areas be controlled?
�,
M
10. a. Describe specific plans(including a schedule of implementation) for screening the operation from
public view such as maintaining or planting trees,bushes or other vegetation,building berms or other
measures. Show the location of all visual screening on the mine map(s)and provide cross-sections
through all proposed berms or proposed spacing, sizes and species for tree plantings.
Screening berms will be constructed and trees will be planted as shown on the mining map
prior to beginning mine excavation.
UW
,_, b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park,
forest or recreation area? If so,how will such effects (i.e.,noise,visibility,etc.)be mitigated?
None of these facilities are in the vicinity of the proposed mine.
WW
kmd
11. Will explosives be used? Yes No X . If yes,specify the types of explosive(s)and
WW describe what precaution(s)will be used to prevent physical hazard to persons or neighboring property
from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby
structures,more detailed technical information may be required on the blasting program(such as a third-
Um parry blasting study). Locate the nearest offsite occupied structures)to the proposed excavations)on the
mine map and indicate its approximate distance to the proposed excavation.
tw
kow
12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes No X
Ifyes, describe these materials, how they will be stored and method of containment in case of spill. Indicate
+w the locations) of all storage facilities on the mine map(s).
kZd
Wo
U, -10-
tm

APPLICATION FOR A MINING PERMIT
D. RECLAMATION PLAN
1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate
the sequence and general methods to be used in reclaiming this land. This must include the method of
reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment
of any permanent drainage channels to a condition minimizing erosion,siltation and other pollution. This
information must be illustrated on a reclamation map and must correspond directly with the information
provided on the mine map(s). In addition, design information, including typical cross-sections, of any
permanent channels to be constructed as part of the reclamation plan and the location(s)of all permanent
channels must be indicated on the reclamation map.
UW The intended plan for the final reclamation and subsequent use of affected lands is to restore the
sediment basin area and the mine excavation area to be one continuous, closed-body lake.
Surrounding disturbed areas will be permanently revegetated. The lake will have side slopes of 3:1
(horizontal:vertical) or flatter and a 4' minimum average water depth.
ftJ
UW
LW
bw 2. Is an excavated or impounded body of water to be left as a part of the reclamation?Yes X No
If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled
cross-section(s)through the proposed body(s)of water. The minimum water depth must be at least 4 feet,
measured from the normal low water table elevation,unless information is provided to indicate that a more
�+ shallow water body will be productive and beneficial at this site. Will the body(s)of water be stocked with
fish? Yes No X . If yes, specify species.
Wri
3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock
including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate
fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent
barricades must be shown on the reclamation map.
N/A
-11-
aor

APPLICATION FOR A MINING PERMIT
4. Indicate the method(s)of reclamation of overburden,refuse, spoil banks or other such on-site mine waste
areas,including specifications for benching and sloping. Final cross-sections and locations for such areas
must be provided on the reclamation map.
NIA
5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways.
u
No process facilities are proposed.
Stockpile areas will be temporary in nature and will be within the proposed excavation area.
UW
b. Will any on-site roadways be left as part of the reclamation? Yes No X . If yes,
identify such roadways on the reclamation map and provide details on permanent ditch line stabilization.
bw
6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or other
such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off-site
generated waste shall be disposed of on the mine site without prior written approval from the NC
Department of Environment and Natural Resources,Land Quality Section and either the Division of
Waste Management(DWM)or local governing body. If a disposal permit has been issued by DWM
for the site, a copy of said permit must be attached to this application. All temporary and permanent
refuse disposal areas must be clearly delineated on the mine maps)and reclamation map, along with a list
of items to be disposed in said areas.
Any waste generated by this mining operation will be removed and property disposed of at a
permitted site.
�, -12-

APPLICATION FOR A MINING PERMIT
7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must
include recommendations for year-round seeding,including the time of seeding and the amount and type
.. of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding
instructions for permanent revegetation and,if necessary,temporary revegetation. Revegetation utilizing
only tree plantings is not acceptable. Recommendations can be sought from:
a. Authorized representatives of the local Soil and Water Conservation District;
b. Authorized representatives of the Division of Forest Resources, Department of Environment and
Natural Resources;
c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists
and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at
North Carolina State University;
d. North Carolina licensed landscape architects;
e. Private consulting foresters referred by the Division of Forest Resources, Department of
Environment and Natural Resources;
f. N.C. Erosion and Sedimentation Control Planning and Design Manual;
g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation;
h. Others as may be approved by the Department.
LIME -RATE OF APPLICATION(tons/acre): 2 tons/acre
FERTILIZER- ANALYSIS AND RATE OF APPLICATION (pounds/acre):
Nitrogen: 100 lb/ac.
Potash: 100 lb /ac.
Phosphorus: 100 lb/ ac.
SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING
SCHEDULE (pounds/acre): [NOTE: Include Legumes]
Seed Types: Seedine Dates: Seeding Rates:
Common Bermudagrass (unhulled) January 1 —March 31 20 pounds per acre
Rye (grain) January 1 —March 31 25 pounds per acre
Common bermudagrass (hulled) April 1 —July 31 15 pounds per acre
Weeping Lovegrass April 1 —July 31 5 pounds per acre
Centipede April 1 —July 31 8 pounds per acre
Common Bermudagrass (unhulled) August 1 —December 31 20 pounds per care
Tall Fescue August 1 —December 31 60 pounds per acre
Rye(grain) August 1 —December 31 25 pounds per acre
MULCH-TYPE AND RATE OF APPLICATION(pounds/acre)AND METHOD OF ANCHORING:
Straw Mulch at 2 tons/acre and anchored appropriately
OTHER VEGETATIVE COVERS —TYPE(S) AND RATE (S) OF APPLICATION INCLUDING
SEEDING SCHEDULE (pounds/acre trees/acre, spacing of trees/shrubs, etc):
Revegetation an restatio approve
Signature % Date t l fl-0
Print Name B an . Fa dus P.
Title Proiect Engineer
.. Agency Rivers and Associates, Inc.
-13-

APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range
of$500 to $5,000 per affected acre)for each permitted mine site based upon the acreage approved by the
Department to be affected duringthe li e o the minin ermit.Please insert the a roximate acres a or each
as ect o the minin o eration at ou intend to affect urin the li e o this minigg permit in addition lease
insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs
rovided with this a licationform)OR you can de er to the De artment to calculate your bond for you based
upon your maps and standard reclamation costs:
u
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE* COST
LW Tailings/Sediment Ponds: 1.50 Ac. X $ 500.00/Ac. _ $ 750.00
Stockpiles: 0.5 Ac. X $ 1,800.00/Ac. _ $ 900.00
Wastepiles: 0.0 Ac. X $ 2,000.00/Ac. _ $ 0.00
Processing Area/Haul Roads: 2.0 Ac. X $ 1,800.00/Ac. _ $3,600.00
Mine Excavation: 45.9 Ac. X $ 500.00/Ac. _ $22.950.00
�+ Other: 0.0 Ac. X $ /Ac. _ $
TOTAL AFFECTED AC.: 49.90 Ac.
(TOTAL PERMITTED AC.: )
55.91 Ac.
Temporary&Permanent Sedimentation&Erosion Control Measures:
Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into
proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will
be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands.
LIM a) Internal Drainage 48.40 Ac.
b) Positive Drainage 1.50 Ac. X $12500.00 = $ 2,250.00
SUBTOTAL COST: $ 30,450.00
Inflation Factor:
0.02 X SUBTOTAL COST: $ 609.00 X Permit Life(1 to 10 years): 10_years
INFLATION COST: $ 6,090.00
boa
TOTAL COST = SUBTOTAL COST + INFLATION COST = $__ 36,540.00
Total Reclamation Bond Cost: $ 36,500.00
(round down to the nearest$100.00)
IL-
ins -14-

APPLICATION FOR A MINING PERMIT
F. NOTIFICATION OF ADJOINING LANDOWNERS
m The"Notice"form,or a facsimile thereof,attached to this application must be sent certified or registered mail
to:
(1) the chief administrative officer of each county and municipality in which any part of the permitted
area is located as indicated on the mine map(s);
(2) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor
of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are
within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and
WW (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary which lie directly across and is contiguous to any highway;creek,stream,river,
or other watercourse;railroad track;or utility or other public right-of-way;if an adjoining tract is
MW owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of
tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary)as indicated on the mine map(s). "Highway"means a road that has four lanes of travel
L—M, or less and is not designated as an Interstate Highway.
The only exception to the above method of giving notice is if another means of notice is approved in advance by
the Director,Division of Land Resources.
A copy of a tax map (or other alternative acceptable to the Department)must be mailed with the completed
"Notice" form (the proposed overall permit boundaries and the names and locations of all owners of
record of lands adjoining said boundaries must be clearly denoted on the tax map).
The"Affidavit of Notification"attached to this application must be completed,notarized and submitted to the
Department,with the remainder of the completed application form,before the application will be considered
um complete.
NOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MILTING
PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE
PERMITTED AREA,AS REQUIRED BY NCGS 74-50(bl).
■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF
NOTIFICATION"
Wb -15-
U+

um
Lud NOTICE
Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that
E.R. Lewis Construction Company,Inc. has applied on November 17,2008
(Applicant Name) (Date)
to the Land Quality Section,Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center,Raleigh,North Carolina 27699-1612, for(check one):
(a) a new surface mining permit
(b) a modification of an existing surface mining permit to add land to the permitted area El
The applicant proposes to mine Sand on 55.91 acres located 3 %z
(Mineral, Ore) (Number) (Miles)
law east of Greenville off/near road US Hi hway 264
(Direction) (Nearest Town) (Number/Name)
in Pitt County.
`IM *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
W+ In accordance with G.S. 74-50(bl),the mine operator is required to make a reasonable effort to notify all
owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an
adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of
tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary. In addition,
the mine operator must also notify the chief administrative officer of the county or municipality in which any part of
the permitted area is located. Any person may file written comment(s) to the Department at the above address
within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later.
Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will
be held within 60 days of the end of the 30-day comment period specified above.
A copy of the permit application materials 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 information
regarding the specifics of the Proposed mining activity,please contact the applicant at the following
telephone number: 252-321-1101 . For information on the mining permit application review
process,please contact the Mining Program staff at 733-4574. Please note that the Department will consider
any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the
application review process until a final decision is made on the application.
D. Scott Egiott,Pitt County Manager
1717 W. 5 Street E.R. Lewis Construction Company,Inc.
Greenville,North Carolina 27834 Charles E. Lewis, Corporate Secretary
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) &Company Name, if Applicable)
P.O. Box 565
November 17,2008 Greenville,North Carolina 27835
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
LW

iml
NOTICE
Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971,Notice is hereby given that
E.R. Lewis Construction Company,Inc. has applied on November 17,2008
(Applicant Name) (Date)
to the Land Quality Section,Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center,Raleigh,North Carolina 27699-1612, for(check one):
�+ (a) a new surface mining permit
(b) a modification of an existing surface mining permit to add land to the permitted area p
The applicant proposes to mine Sand on 55.91 acres located 3
(Mineral, Ore) (Number) (Miles)
east of Greenville off/near road US Highway 264
(Direction) (Nearest Town) (Number/Name)
in County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl),the mine operator is required to make a reasonable effort to notify all
owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an
adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of
tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary). In addition,
the mine operator must also notify the chief administrative officer of the county or municipality in which any part of
the permitted area is located. Any person may file written comment(s) to the Department at the above address
within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later.
Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will
be held within 60 days of the end of the 30-day comment period specified above.
A copy of the permit application materials 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 information
regarding the specifics of the proposed mining activity,please contact the applicant at the following
telephone number: 252-321-1101 . For information on the mining permit application review
process,please contact the Mining Program staff at 733-4574. Please note that the Department will consider
any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the
application review process until a final decision is made on the application.
Hoyt M. Haddock,Jr.
5310 US Highway 264 East E.R. Lewis Construction Company,Inc.
Greenville,North Carolina 27834 Charles E. Lewis, Corporate Secretary
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) &Company Name,if Applicable)
P.O.Box 565
November 17,2008 Greenville,North Carolina 27835
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
, , -16-

IMA
NOTICE
Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that
�+ E.R. Lewis Construction Company,Inc. has applied on November 17,2008
(Applicant Name) (Date)
to the Land Quality Section,Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center,Raleigh,North Carolina 27699-1612, for(check one):
(a) a new surface mining permit
(b) a modification of an existing surface mining permit to add land to the permitted area❑
The applicant proposes to mine Sand on 55.91 acres located 3 %z
(Mineral, Ore) (Number) (Miles)
east of Greenville off/near road US Highway 264
(Direction) (Nearest Town) (Number/Name)
in Pitt County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
�► In accordance with G.S. 74-50(bl),the mine operator is required to make a reasonable effort to notify all
owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an
adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of
tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary). In addition,
the mine operator must also notify the chief administrative officer of the county or municipality in which any part of
the permitted area is located. Any person may file written comment(s) to the Department at the above address
within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later.
�► Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will
be held within 60 days of the end of the 30-day comment period specified above.
A copy of the permit application materials 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 information
regarding the specifics of the proposed mining activity,please contact the applicant at the following
telephone number: 252-321-1101 . For information on the mining permit application review
process,please contact the Mining Program staff at 733-4574. Please note that the Department will consider
anv relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the
application review process until a final decision is made on the application.
Thelma Cherry Switzer
P.O. Box 1452 E.R. Lewis Construction Company, Inc.
Greenville,North Carolina 27835 Charles E. Lewis, Corporate Secretary
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) &Company Name,if Applicable)
P.O.Box 565
`-' November 17, 2008 Greenville,North Carolina 27835
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
rar

ial
em NOTICE
Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that
E.R. Lewis Construction Company,Inc. has applied on November 17,2008
(Applicant Name) (Date)
to the Land Quality Section,Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center,Raleigh,North Carolina 27699-1612, for(check one):
(a) a new surface mining permit
(b) a modification of an existing surface mining permit to add land to the permitted area p
The applicant proposes to mine Sand on 55.91 acres located 3 %Z
(Mineral, Ore) (Number) (Miles)
east of Greenville off/near road US Hi bway 264
(Direction) County.
(Nearest Town) (Number/Name)
in
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(b 1),the mine operator is required to make a reasonable effort to notify all
owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an
adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of
tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary). In addition,
the mine operator must also notify the chief administrative officer of the county or municipality in which any part of
the permitted area is located. Any person may file written comment(s) to the Department at the above address
within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later.
Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will
be held within 60 days of the end of the 30-day comment period specified above.
A copy of the permit application materials 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 information
regarding the specifics of the proposed mining activity, please contact the applicant at the following
telephone number: 252-321-1101 . For information on the mining permit application review
process,please contact the Mining Program staff at 733-4574. Please note that the Department will consider
any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the
application review process until a final decision is made on the application.
Hoyt M. Haddock,Sr. Life Estate
c/o Hoyt M. Haddock, Sr.
5322 US Highway 264 East E.R. Lewis Construction Company, Inc.
Greenville,North Carolina 27834 Charles E. Lewis, Corporate Secretary
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) &Company Name, if Applicable)
P.O.Box 565
November 17, 2008 Greenville,North Carolina 27835
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
-16-

twi
lzu NOTICE
Pursuant to provisions G.S. 74-50(b 1)of The Mining Act of 1971,Notice is hereby given that
E.R. Lewis Construction Company, Inc. has applied on November 17,2008
(Applicant Name) (Date)
to the Land Quality Section,Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center,Raleigh,North Carolina 27699-1612, for(check one):
(a) a new surface mining permit 19
(b) a modification of an existing surface mining permit to add land to the permitted area p
The applicant proposes to mine Sand on 55.91 acres located 3 Y2
(Mineral,Ore) (Number) (Miles)
east of Greenville off/near road US Hi hwgy 264
(Direction) (Nearest Town) (Number/Name)
in Pitt County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
�+ In accordance with G.S. 74-50(bl),the mine operator is required to make a reasonable effort to notify all
owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an
adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of
tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary). In addition,
the mine operator must also notify the chief administrative officer of the county or municipality in which any part of
the permitted area is located. Any person may file written comment(s) to the Department at the above address
within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later.
Wo 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 information
regarding the specifics of the proposed mining activity,please contact the applicant at the following
telephone number: 252-321-1101 . For information on the mining permit application review
process,please contact the Mining Program staff at 733-4574. Please note that the Department will consider
any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the
application review process until a final decision is made on the application.
'1' Davenport Farms,Inc.
5961 US Highway 264 East E.R. Lewis Construction Company,Inc.
Greenville,North Carolina 27834 Charles E. Lewis, Corporate Secretary
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) &Company Name,if Applicable)
P.O. Box 565
November 17,2008 Greenville,North Carolina 27835
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
um
-16-
im
MW

Lft
NOTICE
Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that
E.R. Lewis Construction Company,Inc. has applied on November 17,2008
(Applicant Name) (Date)
to the Land Quality Section,Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center,Raleigh,North Carolina 27699-1612, for(check one):
(a) a new surface mining permit
(b) a modification of an existing surface mining permit to add land to the permitted area p
The applicant proposes to mine Sand on 55.91 acres located 3 %z
(Mineral,Ore) (Number) (Miles)
east of Greenville off/near road US Highway 264
(Direction) (Nearest Town) (Number/Name)
in Pitt County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all
owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an
adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of
tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary). In addition,
'J the mine operator must also notify the chief administrative officer of the county or municipality in which any part of
the permitted area is located. Any person may file written comment(s) to the Department at the above address
within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later.
Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will
be held within 60 days of the end of the 30-day comment period specified above.
A copy of the permit application materials 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 information
regarding the specifies of the proposed mining activity,please contact the applicant at the following
telephone number: 252-321-1101 . For information on the mining permit application review
process,please contact the Mining Program staff at 733-4574. Please note that the Department will consider
My relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the
Application review process until a final decision is made on the application.
J.P. Davenport& Son,Inc.
5961 US Highway 264 East E.R. Lewis Construction Company,Inc.
Greenville,North Carolina 27834 Charles E. Lewis, Corporate Secretary
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) &Company Name,if Applicable)
P.O. Box 565
November 17, 2008 Greenville,North Carolina 27835
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
-16-

,� NOTICE
Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that
WSW E.R. Lewis Construction Company, Inc. has applied on November 17,2008
(Applicant Name) (Date)
to the Land Quality Section,Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center,Raleigh,North Carolina 27699-1612, for(check one):
(a) a new surface mining permit
(b) a modification of an existing surface mining permit to add land to the permitted area❑
The applicant proposes to mine Sand on 55.91 acres located 3 %z
(Mineral, Ore) (Number) (Miles)
m east of Greenville off/near road US Highway 264
(Direction) (Nearest Town) (Number/Name)
in Pitt County.
Lew *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
�► In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all
owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an
adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of
tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary). In addition,
'�' the mine operator must also notify the chief administrative officer of the county or municipality in which any part of
the permitted area is located. Any person may file written comment(s) to the Department at the above address
within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later.
� Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will
be held within 60 days of the end of the 30-day comment period specified above.
A copy of the permit application materials 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 information
regarding the specifics of the proposed mining activity,please contact the applicant at the following
telephone number: 252-321-1101 . For information on the mining permit application review
process,please contact the Mining Program staff at 733-4574. Please note that the Department will consider
anv relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the
application review process until a final decision is made on the application.
Rosalie T. Ruegg
111 Pinewood Place E.R. Lewis Construction Company, Inc.
Emerald Isle,North Carolina 28594 Charles E. Lewis, Corporate Secretary
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) &Company Name, if Applicable)
P.O. Box 565
Uri November 17, 2008 Greenville,North Carolina 27835
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
bw
Md -16-

and
NOTICE
Pursuant to provisions G.S. 74-50(b 1)of The Mining Act of 1971,Notice is hereby given that
E.R. Lewis Construction Company, Inc. has applied on November 17,2008
(Applicant Name) (Date)
W. to the Land Quality Section,Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center,Raleigh,North Carolina 27699-1612, for(check one):
bw (a) a new surface mining permit
(b) a modification of an existing surface mining permit to add land to the permitted area❑
1=W The applicant proposes to mine Sand on 55.91 acres located 3 %z
(Mineral, Ore) (Number) (Miles)
ew east of Greenville off/near road US Highway 264
(Direction) (Nearest Town) (Number/Name)
in Pitt County.
w *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all
owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an
adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of
tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary. In addition,
'�' the mine operator must also notify the chief administrative officer of the county or municipality in which any part of
the permitted area is located. Any person may file written comment(s) to the Department at the above address
within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later.
t.w 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 information
regarding the specifics of the proposed mining activity,please contact the applicant at the following
telephone number: 252-321-1101 . For information on the mining permit application review
process,please contact the Mining Program staff at 733-4574. Please note that the Department will consider
any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the
application review process until a final decision is made on the application.
Stacey C. &Jacqueline Eastwood
3505 %ichard Road E.R. Lewis Construction Company,Inc.
Greenville,North Carolina 27834 Charles E. Lewis, Corporate Secretary
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) &Company Name, if Applicable)
P.O. Box 565
November 17, 2008 Greenville,North Carolina 27835
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
�, -16-

MAd
NOTICE
Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that
E.R. Lewis Construction Company,Inc. has applied on November 17,2008
(Applicant Name) (Date)
to the Land Quality Section,Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center,Raleigh,North Carolina 27699-1612, for(check one):
(a) a new surface mining permit
(b) a modification of an existing surface mining permit to add land to the permitted area p
The applicant proposes to mine Sand on 55.91 acres located 3 %z
(Mineral, Ore) (Number) (Miles)
east of Greenville off/near road US Highway 264
(Direction) (Nearest Town) (Number/Name)
in Pitt County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl),the mine operator is required to make a reasonable effort to notify all
owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an
adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of
tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary). In addition,
the mine operator must also notify the chief administrative officer of the county or municipality in which any part of
the permitted area is located. Any person may file written comment(s) to the Department at the above address
within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later.
Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will
be held within 60 days of the end of the 30-day comment period specified above.
A copy of the permit application materials 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 information
regarding the specifics of the proposed mining activity,please contact the applicant at the following
telephone number: 252-321-1101 . For information on the mining permit application review
process,please contact the Mining Program staff at 733-4574. Please note that the Department will consider
My relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the
application review process until a final decision is made on the application.
Christy C. Halsey
5387 US Highway 264 East E.R. Lewis Construction Company, Inc.
Greenville,North Carolina 27834 Charles E. Lewis, Corporate Secretary
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) &Company Name,if Applicable)
P.O. Box 565
November 17,2008 Greenville,North Carolina 27835
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
� -16-

um
LIM, NOTICE
Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that
E.R. Lewis Construction Company, Inc. has applied on November 17,2008
(Applicant Name) (Date)
to the Land Quality Section,Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center,Raleigh,North Carolina 27699-1612, for(check one):
(a) a new surface mining permit
(b) a modification of an existing surface mining permit to add land to the permitted area❑
The applicant proposes to mine Sand on 55.91 acres located 3 %Z
(Mineral, Ore) (Number) (Miles)
east of Greenville off/near road US Highway 264
(Direction) (Nearest Town) (Number/Name)
in Pitt County.
` d *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
L, In accordance with G.S. 74-50(bI),the mine operator is required to make a reasonable effort to notify all
owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an
adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners ofrecord of
tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary). In addition,
``' the mine operator must also notify the chief administrative officer of the county or municipality in which any part of
the permitted area is located. Any person may file written comment(s) to the Department at the above address
within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later.
km 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 information
regarding the specifics of the proposed mining activity,please contact the applicant at the following
telephone number: 252-321-1101 For information on the mining permit application review
process,please contact the Mining Program staff at 733-4574. Please note that the Department will consider
any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the
application review process until a final decision is made on the application.
John J. &Doris G. Langley
5505 US Highway 264 East E.R. Lewis Construction Company, Inc.
Greenville,North Carolina 27834 Charles E. Lewis, Corporate Secretary
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) &Company Name,if Applicable)
P.O. Box 565
November 17,2008 Greenville,North Carolina 27835
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
Law
-16-
no

Um
APPLICATION FOR A MINING PERMIT
AFFIDAVIT OF NOTIFICATION
I, Charles E. Lewis ,an applicant,or an agent,or employee of an applicant,for a
new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area,from the N.C.
Department of Environment and Natural Resources,being first duly sworn,do hereby attest that the following are all
known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary
u-sa (including,where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary)and
that notice of the pending application has been caused to be mailed,by certified or registered mail,to said owners of
Md record at their addresses shown below, such notice being given on a form provided by the Department:
(Adjoining Landowner Name) (Address)
Uri See attached list
(Attach additional list if necessary)
I do also attest that the following individual is the chief administrative officer of the county or municipality in
which any part of the permitted area is located and that notice of the pending application has been caused to be
'no mailed,by certified or registered mail,to said office at the following address:
(Chief Administrative Officer Name) (Address)
[City Manager, County Manager,Mayor, etc.]
D. Scott Elliott, County Manager 1717 W. 5ch Street Greenville,NC 27834
The above attestation was made by me while under oath to provide proof satisfactory to the Department that a
reasonable effort has been made to notify all known owners of record,both public and private,of all tracts of land
that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the
applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are
within 1,000 feet of the mining permit boundary)and the chief administrative officer of the county or municipality in
which any part of the permitted area is located in compliance with N.C.G.S.74-50(b 1)and 15A NCAC 5B.0004(d).
I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above
notices were caused to be mailed and to provide them to the Department upon request.
tzi C!f 4::�: " //- /-7 -09
Signature of Applicant or Agent Date
If person executing Affidavit is an agent or employee of an applicant,provide the following information:
(Name of applicant) C hotr l e S E. L ei3O t5 (title of person executing Affidavit)
I V, a Notary Public of the County of = -- - Stele
LIM IQ
of North Carolina, do hereby certify that MOL�f I eS 2. 1—e-oj�S
appeared before me this day and under oath acknowledged that the above Affidavit was made by hG er.
WW -
Witness my hand and notarial seal,this ro day of 20
Notary: My Commission expires: ......
2-VW-'�l
-17-
WU

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• •1` r•�
_ � 'r l.rrtli lr

im
ADJOINING LANDOWNERS
Parcel Number Name Address
54025 Hoyt M. Haddock,Jr. 5310 US 264 East
Greenville,NC 27834
54026 Thelma Cherry Switzer PO Box 1452
Greenville,NC 27835
04111 Hoyt M.Haddock, Sr. Life Estate 5322 US 264 East
Greenville,NC 27834
43021 Thelma Cherry Switzer PO Box 1452
m Greenville,NC 27835
05577 Davenport Farms, Inc. 5961 US 264 East
bad Greenville,NC 27834
76317 J.P. Davenport&Son, Inc. 5961 US 264 East
bw Greenville,NC 27834
10417 J.P. Davenport&Son, Inc. 5961 US 264 East
`=' Greenville,NC 27834
71711 Rosalie T. Ruegg 111 Pinewood Place
'ad Emerald Isle,NC 28594
44227 Rosalie T. Ruegg 111 Pinewood Place
UM Emerald Isle,NC 28594
71096 Stacey C. &Jacqueline Eastwood 3505 %ichard Rd.
`a Greenville,NC 27834
49582 Christy C. Halsey 5387 US 264 East
Greenville,NC 27834
13320 John J. &Doris G. Langley 5505 US 264 East
"�' Greenville,NC 27834

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r

APPLICATION FOR A MINING PERMIT
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands
or operation during regular business hours for the purpose of making necessary field inspections or investigations as
may be reasonably required in the administration of the Mining Act of 1971.
We further grant to the Department or its appointed representatives the right to make whatever entries on the
land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry
out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S.
wid 74-59.
- LANDOWNER: APPLICANT:
tow
Signature: Signature.
Print Name: Harvey R. Lewis Print Name: Charles E. Lewis
Address: P.O.Box 30930 Title: Corporate Secretary
Greenville,NC 27833 Company: E.R. Lewis Construction Company,Inc.
LZU Telephone: [phone] Mine Name: Hart Mine
UW
*Signature must be the same as the individual who signed Page 1 of this application.
m
Six (6) copies of the completed application,six(6)comes of all location maps, mine maps and reclamation
maps,and the appropriate processing fee(see next page for fee schedule)in the form a check or money order
payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land
Ouality Section Central Office at the address listed on the front cover of this application form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at
[phone].
-18-

MINING
" A nonrefundable permit application processing fee when filing for a new mining permit,a major permit modification or a renewal
permit is required as follows:
"
TYPE ACRES NEW MAJOR
PERMIT MODIFICATION RENEWAL
"
Clay 1 but less than 25 $500 $250 $250
m
25 but less than 50 1000 500 500
50 or more 1500 500 500
"
Sand&Gravel, 1 but less than 5 150 100 100
Gemstone,and
" Borrow Pits 5 but less than 25 250 100 100
25 but less than 50 500 250 500
c=,
50 or more 1000 500 500
" Quarry,Industrial
Minerals, 1 but less than 10 250 100 100
Dimension Stone
M11 10 but less than 25 1000 250 500
25 but less than 50 1500 500 500
m 50 or more 2500 500 500
Peat&Phosphate
1 or more 2500 500 500
Gold(Heap
Leach),Titanium
&Others
1 or more 2500 500 500
m
A nonrefundable$50.00 permit application processing fee is required for minor permit modifications.Minor permit modifcations include ownership transfers,name
changes,bond substitutions and permit renewals where the mine is Inactive and fully stabilized. A minor permit modification also includes lands added to a
permitted area,outside of the minimum permit buffer zone requirements,where no plans for mining related disturbance ofthe added lands have been approved.All
other changes are considered major modifications.
Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the
modification within the permitted mine area,or any additional land that is to be disturbed and added to an existing permitted area,or both.
10R000
-19-
WW

e=d
LAND QUALITY SECTION HEADQUARTERS
Francis M.Nevils,Jr.,P.E. James D.Simons,P.G.,P.E.-Chief Engineer Caroline Medlin,E.I:Sediment Education Couri.
Section Chief David H.Ward-Sediment Specialist Specialist
111 Land Quality Section ?-Assistant Sediment Specialist Telepl
1612 Mail Service Center Tracy E.Davis,P.E.-Mining Specialist Tabitha Brown-Sediment Education FAX r
Raleigh,NC 27699-1612 Judy Wehner-Assistant Mining Specialist Intern
? -Assistant Mining Specialist Greg'
Shinvine Address:Land Quality Section ? -Dam Safety Engineer Secretaries
512 North Salisbury Street Tani Dodd,E.I.-Assistant Dam Safety Engineer Wendy Sposto-Lead Secretary
Raleigh,NC 27604 James Caldwell,E.I.-Assistant Dam Safety Engineer Stephanie Lane-Sediment&Dams
Susan Edwards-Mining
LAND QUALITY SECTION REGIONAL OFFICES
ASHEVILLE MOORESVILLE WINSTON-SALEM
RICHARD PHILLIPS,P.E. DOUG MILLER,P.E. MATTHEW GANTT,P.E. JOHN
Interchange Bldg. 919 North Main Street 585 Waughtown Street 3800 Bi
59 Woodrm Place Mooresville,NC 28115 Winston-Salem,NC 27107 Raleigh
Asheville,NC 28801
COURIER-13-15-01 INTER
COURIER-12-59-01 COURIER-09-08-06 (336)7714600 (919)5'
[phone] [phone] FAX#[phone] FAX#
FAX#[phone] FAX#[phone]
Alamance Allegheny Ashe Chatha
Avery Buncombe Burke Alexander Lincoln Caswell Davidson Davie Frankli
Caldwell Cherokee Clay Cabarrus Mecklenburg Forsyth Guilford Rockingham Johnstc
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Yancey
FAYETTEVILLE WILMINGTON WASHINGTON
WILLIAM (TOBY)VINSON,P.E. DAN SAMS,P.E. FLOYD WILLIAMS,P.G.
225 Green Street 127 Cardinal Drive Ext. 943 Washington Square Mall
Suite 714 Wilmington,NC 28405-3845 Washington,NC 27889
Fayettevllle,NC 28301
COURIER-16-04-01
COURIER-14-56-25 COURIER-04-16-33 [phone]
[phone] [phone] FAX#[phone]
FAX#[phone] FAX#[phone]
Beaufort Bertle Camden
Anson Montgomery Scotland Brunswick New Hanover Chowan Craven Currituck
Bladen Moore Carteret Onslow Dare Gates Greene
Cumberland Richmond Columbus Pender Hertford Hyde Jones
Harnett Robeson Duplin Lenoir Martin Pamlico
Hoke Sampson Pasquotank Perquimans Pitt Revis
Tyrrell Washington Wayne
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APPENDIX 1
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FOR AGENCY USE ONLY
Date Received
Year Month Bay
AV4*�
Division of Water Quality/Surface Water Protection
+ Certificate of Coverage
NCDENR National Pollutant Discharge Elimination System Ch=k# Amount
NW4H c woUa+.CtMfMCvr c.
Fxvyt*%o, Am tucupm.Rmoa wa NCG020000 Permit Assigned to
NOTICE OF INTENT
National Pollutant Discharge Elimination System application for coverage under General Permit
NCG020000:
t�
STORMWATER DISCHARGES associated with activities classified as:
SIC(Standard Industrial Classification)Code-14XX Mineral Mining Industry(except as specified below)
The following activities are also included:
• Active or inactive mining operations(including borrow pits—except for NCDOT borrow pits)that discharge
stormwater contaminated with or that has come in contact with,any overburden, raw material,intermediate
products,finished products,byproducts or waste products located on the site of such operations;
• Stormwater from vehicle maintenance activities at mining operations;
• Overflow from facilities that recycle process wastewater;and/or
Mine dewatering(wastewater)
The following activities are specifically excluded from coverage under this General Permit:
bt aStormwater discharges associated with peat mining,coal mining,and metal mining;
• Stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt
operations and/or concrete operations;
• Stormwater discharges associated with oil and gas extraction operations;and
k!W0 Stormwater discharges associated with tourist gem mines
• NCDOT borrow pits are covered under NCS000150
The following discharges are covered by NPDES general permit NCG520000 instead of NCG020000:
• Point source discharges of stormwater and wastewater from in-stream sand mining operations(i.e.,sand
dredging or dipping operations)
For new mining sites that require an authorization to construct(ATC)wastewater treatment facilities:This
NOI is also an APPLICATION FOR an ATC for new wastewater treatment facilities. ATC requests must be
submitted at least 90 days prior to construction'.
For existing mining sites that require an Authorization to Operate(A TO)wastewater treatment facilities:
This NOI is also an APPLICATION FOR an ATO for wastewater treatment facilities In place.
Construction,modification,or installation of any new treatment components at an existing sife requires
an ATC. (If the site is already covered by NCG020000,the ATC request may be submitted without an NOI).
Some wastewater treatment facilities used to treat or recycle process wastewater(even if commingled
with stormwater)at mining sites will require an ATC Qrior to construction per 15A NCAC 2H .0138.
Please see the NCGO20000 General Permit for details about which treatment facilities require an
ATC (summarized in Table 1 at the end of this form). For example, an ATC is required for treatment
of mine dewatering discharge from clay pits and non-closed-loop wastewater recycle systems. The
authorization to construct or continue to operate will be issued at the same time as the Certificate of
Coverage(COC)for the NCG02 permit. Design of treatment facilities must comply with requirements
of 15A NCAC 2H .0138 & .0139.
'As per 15A NCAC 2H.0106 Page 1 of 7
2Unless treatment facilities are designed,constructed,and put into operation by employees internal to the company who are qualified to
perform such work for their respective companies in accordance with General Statutes,89C-25(7),plans and specifications must be signed
and sealed by a P.E.
SWU-217-012108 Last revised 1/21/08
td

m
NCG020000 N.O.I.
Construction of wastewater treatment facilities subject to the ATC/ATO requirements in the NCG02 permit
at new or existing mining sites requires submission of three(3)sets of plans and specifications signed
and sealed by a Professional Engineer(P.E.)or qualified staffz along with this application. A copy of the
design calculations should be included. Please see questions 18&19.
Table 1:Wastewater Permit ATC/ATO Requirements
Mine De watering
Yes No
Quarries —
Sand Pits
Clay Pits ♦Any Dewatering with Chemical Treatment ♦ —
:_ Process._Wastewater
Sand/Gravel —'
Closed-Loop Recycle --
Other Recycle ♦ —
For questions,please contact the DWQ Regional Office for your area.(See page 7)
(Please print or type)
1) Mailing address of owner/operator(address to which all permit correspondence will be mailed):
Name E.R. Lewis Construction Company, Inc.
Street Address 100 E. Arlington Blvd
City Greenville State NC ZIP Code 27858
Telephone No. 992_— 391-1 101 Fax: 252•- 321-1102
E-mail Address [e-mail]
2) Location of facility producing discharge:
Facility Name Hart Mine
Facility Contact Charles Lewis
Street Address 5498 US Highway 264
City Greenville State NC ZIP Code 27834
County Pitt
Telephone No. 9-52_— 1-1 101 - Fax: [phone]
wu Contact E-mail [e-mail]
3) Physical Location Information:
No Please provide a narrative description of how to get to the facility(use street names,state road numbers,and
distance and direction from a roadway intersection). The facility is located on the south side
of US Highway 264, approximately 4,000 feet east of the Intersection of US Hwy 264
�` 4) Latitude 35°37'10" Longitude -77°14'58" (degrees minutes,ssecondsgad (NCSR 1534)
5) This NPDES Permit NOI Application applies to which of the following:
ow
® New or Proposed Facility Date operation is to begin December, 2008
❑ Existing
go ❑ New Permit not applicable--ATC request only. NPDES Permit Number
Page 2 of 7
SWU-21 7-01 21 08 Last revised 1/21/08

ow
NCG020000 N.O.I.
m
6) Standard Industrial Classification:
t, Provide the 4 digit Standard Industrial Classification Code(SIC Code)that describes the primary industrial
activity at this facility
SIC Code: 1 4 4 2
'I' 7) Provide a narrative description of the types of minerals mined at this facility: Mining Sand _ 4
8) Discharge Points:
Number of discharge points(ditches,pipes,channels,etc.that convey discharges from the property):
Stormwater: 3 Mine dewatering: 1 Process Wastewater Overflow:
Lew
Discharge points should be clearly marked on the submitted site plan.
Please provide short narrative description of discharges: Stormwater runoff discharges via
wo 2 existing ditches and 1 stream. Mine dewatering and process wastewater will
discharge through a sediment basin into a stream.
LM,
9) Receiving waters:
What is the name of the body or bodies of water(creek,stream, river,lake,etc.)that the facility stormwater
and/or wastewater discharges end up in? Discharge flows through an unnamed stream into the
`_' If the site stormwater discharges to a separate storm sewer system,name the operator of the separate storm Tar River
sewer system (e.g.City of Raleigh municipal storm sewer).
Receiving water classification (if known): C;NSW
Note: Discharge of process wastewater to receiving waters classified as WS-II to WS-V or SA must
be approved by the N.C.Dept.of Environmental Health. If DEH does not approve,coverage
under NCG020000 cannot be granted. No new discharges of process wastewater are
permitted in receiving waters classified as WS-1 or freshwater ORW.
10) Will mining operations require dewatering near wetlands or impact any stream,groundwater,or wetlands?
® No
❑ Yes If yes,please provide information about any 404/401 Certification permits.
Note: Wetlands must be CLEARLY DELINEATED on the site plan. Mine dewatering activities that have
the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and
c� implement an Operation and Monitoring(O&M)Plan that has been approved by the Division.
The O&M Plan should be submitted to the Regional Office and must be approved prior to operation.
The plan shall include,but is not limited to: (1)Groundwater monitoring strategies to demonstrate the
effect of pumping and to establish any pumping regime necessary to reduce impacts,and (2) Detailed
plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance.
11) Does this facility already have a valid Mining Permit from the Division of Land Resources(DLR)?
5d No (If not,please indicate the status of the Mining Permit application: Submitted to DLR and currently
❑ Yes under review.
If yes,please provide the Mining Permit number and include a copy with your application:
Note: DWO cannot issue a COC for the NCGO20000 General Permit until a Mining Permit is issued or
renewed by the Division of Land Resources(DLR).
Page 3 of 7
SWU-217-012108 Last revised 1/21/08
km

Am
NCG020000 N.O.I.
im
12) Will this mining operation precede development activities at this site?
® No
tM ❑ Yes
13) Does this facility have any other NPDES permits?
LW+ ® No
❑ Yes
If yes, list the permit numbers for all current NPDES permits for this facility:
bw
14) Does this facility have any Non-Discharge permits(ex:recycle permits)?
® No
Mj ❑ Yes
If yes, list the permit numbers for all current Non-Discharge permits for this facility:
15) Does this facility employ any best management practices for stormwater control?
❑ No
IM Yes
u If yes, please briefly describe: Stormwater runof f f rom portions of the property will
drain into the excavation.
LIM 16) Does this facility have a Stormwater Pollution Prevention Plan?
IN No
❑ Yes
If yes,when was it implemented?
17) Will vehicle maintenance activities occur at this facility?
ew ® No ❑ Yes
Wastewater Treatment Facilities:
Ur, 18) Will mine dewatering discharges occur?(ATC/ATO required for clay pits or dewatering with chem.treatment)
❑ No ® Yes
19) Will discharges of overflows from process wastewater treatment systems occur?(ATC or ATO required,
�' unless sand/gravel mining or closed-loop recycle system)
IN No ❑ Yes
bw If yes, answer the following questions on the wastewater treatment system:
a. Please describe the type of process used to treat and/or recycle the process wastewater. Give
design specifics(i.e.design volume,retention time,surface area,etc.). Existing treatment
tw facilities should be described in detail,and design criteria or operational data should be provided
(including calculations)to ensure that the facility can comply with requirements of the General
Permit.[Use separate sheet(s)]
,C, b. Does this facility employ chemical additives to flocculate suspended solids? ❑ No ❑ Yes
If yes,please state the name, manufacturer and the quantity of average daily usage of the
chemical additive
tw
Note: Please see httr):flh2o.enr.state.nc.us/ws/PAMS list.htm for a list of approved polyacrylamide(PAMS)
products for use in North Carolina.
Page 4 of 7
SWU-217-012108 Last revised 1/21/08
ur

NCG020000 N.O.I.
C. Does this facility overflow only during rainfall events exceeding the 10-yr,24-hr rainfall event?
® No ❑ Yes
LM 20) Are wastewater treatment facilities(including recycle systems)planned in the 100-year flood plain?
® No ❑ Yes If so,include information to demonstrate protection from flooding. (Minimum design
MW requirements for treatment works include protection from the 100-year flood,per 15A NCAC 2H .0219.)
21) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage,or Disposal Facility?
® No ❑ Yes
b) Is this facility a Small Quantity Generator(less than 1000 kg.of hazardous waste generated per month)of
hazardous waste?
W No ❑ Yes
c) Is this facility a Large Quantity Generator(1000 kg.or more of hazardous waste generated per month)of
hazardous waste?
5 No ❑ Yes
law d) If you answered yes to questions b.or c.,please provide the following information:
Type(s)of waste:
tw How is material stored:
Where is material stored:
How many disposal shipments per year:
Name of transport/disposal vendor:
LM Vendor address:
22) Certification: North Carolina General Statute 1+43-215.6 b(1)provides that:
`AW Any person who knowingly makes any false statement,representation,or certification in any application,record,report,plan,or other
document filed or required to be maintained under this Article or a rule implementing this Article;or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article;or who falsifies,tampers with,or knowingly
L-W renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
[Environmental Management]Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to
exceed ten thousand dollars($10,000).
I hereby request coverage under the referenced General Permit. I understand that coverage under this permit
will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an
individual permit.
I agree to abide by the following as a part of coverage under this General Permit:
1. I agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid
mining permit must be attached to this request.
2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the
provisions of another NPDES permit specifically issued therefore.
3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate
protection so as to contain all spills on the site.
4. 1 agree that solid wastes will be disposed of in accordance with N.C.statutes and rules
U-V governing solid waste disposal.
5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to
not result in contamination of the surface or ground waters.
Page 5of7
SWU-217-012108 Last revised 1/21/08
e

NCG020000 N.O.I.
I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as
W-V enforceable requirements of the General Permit.
I certify that I am familiar with the information contained in this application and that to the best of my
LOW knowledge and belief such information is true, complete, and accurate.
Printed Name of Person Signing: Charles E. Lewis
Title: Porporate Secretary
11-1-7 -019
(Signature of Applicant) (Date Signed)
WO
Notice of Intent must be accompanied by a check or money order for$100.00 made payable to NCDENR.
mi
Final Checklist
This application will be returned as incomplete unless all of the following items have been Included:
LIM
® Check for$100 made payable to NCDENR
® This completed application and all supporting documents
ew ® Copy of the valid approved mining permit(MP)for the facility or indication of MP application status
ED Copy of a county map or other general location map that shows the mining site and nearest major roads
Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly
Y, shows site location in relation to nearby streams,wetlands, and other waters,etc.
Copy of mining site plan with all wetlands clearly delineated
® If the mine is near wetlands, or may otherwise impact surface water or groundwater, contact the regional
m
office about an O&M Plan (contact information on the next page). Please refer to this O&M Plan checklist:
✓ Site map with wetlands,ditches,well-placements,borrow areas,overburden storage, stormwater
controls/BMPs,vehicle maintenance areas, settling basins, product process areas, and access roads.
` ✓ Well information (design,depths, maintenance)
✓-Physical monitoring for the wetlands areas
✓ Settling pond sizing information, if applicable
W-A ✓ Level spreader design, if applicable
✓ Details about dewatering method
✓ Description of measures to prevent erosion and flooding to
wo
❑ If an ATC or ATO is required,three (3)sets of plans,specifications,and design calculations,signed,
sealed,and dated by a P.E. ATC and ATO requirements in NCG02000 are summarized in Table 1 on
k!w Page 2 of this NOI (see the permit text for more details). Plans shall show all pertinent design features,
including the location of the outfall(s). If stormwater is flowing off-site,the plan must show that stormwater
will not be mixed with wastewater.
tzw
Mail the entire package to:
Stormwater and General Permits Unit
LW Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
tm+
Note
The submission of this document does not guarantee the issuance of an NPDES permit.
LWJ
Page 6of7
�' SWU-217-071408 Last revised 7/14/08

NCG020000 N.O.I.
For questions,please contact the DWO Regional Office for your area.
r
DWO Regional Office Contact Information:
r Win to�5ole c
Asheville Office ....., [phone] �'�!. r �
Fayetteville Office ... [phone] ,-ti{�r Y' — ;e oy p
Mooresville Office ... [phone]
Raleigh Office ........ [phone] L-Lv s 'lle
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Washington Office ...[phone] L—t,or Y to
y ,�
Wilmington Office ... [phone] F en lie `J���
Winston-Salem ...... [phone] f
Central Office .........[phone] �y))
�Wilminglon
r
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Page 7 of 7
SWU-21 7-01 21 08 Last revised 1/21/08
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APPENDIX 2
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APPLICATION FOR WATER USE PERMIT IN THE kup://www.ncwater.org North Carolina Environmental Management Commission
CENTRAL COASTAL PLAIN CAPACITY USE AREA Department of Environment and Natural Resources
Division of Water Resources,1611 Mail Service Center,Raleigh,NC 27699-1611,phone: 919-733AO64
[R]New Application F]Application for Permit Renewal MPermit Amendment �� Permit#
I. Applicant Information:
(a) Applicant: E. R. Lewis Construction Company, Inc.
(Name of Person,Company,or Corporation)
(b) Mailing Address: P.O. Box 565 city: Greenville state: NC zip code: 27835
(c) Facility Address: 5498 US Highway 264 East Greenville NC 27834 County: Pitt
(d) Authorized Contact Person: Charles E_ Lewis Corporate SLacrata QL-- „ 252 321-1101
(Name) (Title) (Phone Number)
clpwlS fmprlewlSconstaiction,r_nm
(Email Address) (Fax Number)
II. P=ose(s)for which water is to be used(check all that annlv):
(a) Public Water Supply System(PWSID# )1 (b)_ Livestock Supply (c),Agricultural Irrigation (d)_quaculture
(e)J Mining,describe briefly Surface Mining of Sand
(f) Industrial,describe briefly
(g) Other,describe briefly
11f(a)above is checked and applicant is a unit of local government,then applicant must have an adopted Local Water Supply Plan(G.S. I43-355(I)and(rn)}.
III. S urce(s)_of Ground Water—see attached table
Items IV through XU will require more space for completion than provided,please attach additional sheets as necessary.
See Attached
IV. Document additional mining hermit anulication requirements as listed in 15A NCAC 02E.0502(d)(4)or reference materials submitted under G.S.74-47.Mining Permit Appli.
V. N/A
VI. Locate sources of Ydthdrawal(attach the relevant portion[s]of a United States Geological Survey topographic map and note the following information—you may access
topographic maps online at http://gis.enr.state.ne.us/GISInterface/denrgis.asp or at http://wwwmewater.org and follow the CCPCUA link):
(a) name of quadrangle GREENVILLE SE&GRIMESLAND
(b) county(ies)in which withdrawal sources are located PITT
(c) labeled positions of all wells and sumps listed in section III.(a)SEE ATTACHED MAP
(d) locations of all existing water supply wells within 1500 feet of the wells listed in section III.(a)
(e) locations of all discharge points for water withdrawals covered under this application SEDIMENTATION BASIN
VII. Document conservation measures by usertype: NIA
(a) public water systems refer to 15A NCAC 02B.0502(d)(5)(A)
(b) other users besides agricultural irrigators refer to 15A NCAC 02E.0502(d)(5)(B)
(c) agricultural irrigators refer to 15A NCAC 02E A502(d)(5)(C)
DWR CCPCUA 2 August 29,2002

Q I I I I I I a I B I I C Q C B I Ii I
VIII. Substantiation for the amount of withdrawal requested: Submit documentation that justifies the total withdrawal requested. Documentation could include design plans,
development plans,planning studies,operation reports,past pumping records,etc. If withdrawals are to be seasonal or vary significantly from month-to-month
throughout the year,describe the reasons for the variations and specify those variations. Fill in table below.
Average Daily Water Use from Previous Calendar Year(gallons per day)
January February March April May June July August September October November December
to
Daily Use
of days
IX. Disposal of water: Describe how the water will be disposed of after it has been used. NPDES PERMIT# NCG 020000 HAS BEEN APPLIED FOR
X. Document plans to IgUofit wells as described in 15A MAC 02E.05&iit Describe the meth'kad proposed schedule to retrofit wells which currently have pump
intakes deeper than the top of the uppermost confined aquifer that yields water to the well. IIVV A
M. Document intermittent user status as described in 15A NCAC 02E.0507f 131: NIA
(a) persons who withdraw ground water less than 60 days per calendar year;or
(b) persons who withdraw less than 15 million gallons of ground water in a calendar year;or
(c) aquacultural operations licensed under C.S. 106-761 using ground water for the initial filling of ponds or refilling of ponds no more frequently than every five years.
XII. Document Cretaceous Aquifer Reduction requirements: NIA
(a) Identify Cretaceous Aquifer Zone wells and associated percent reduction requirements using the CCPCUA Cretaceous Aquifer Zones map available from the Division of
Water Resources include documentation for wells to be excluded from reduction requirements due to 15A NCAC 02E.0503(8)or 15ANCAC 02E.0503(9)).
(b) Document Aquifer Storage and Recovery program(ASR)total net withdrawals.
(c) Approved Base Rate Calculation for Cretaceous Aquifer Zone wells as described in 15A NCAC 02E.0507(1);choose the larger of L,ii.or iii.:
i. total calendar year 1997 water use in gallons by well;
ii. total August 1, 1999 through July 31,2000 water use in gallons by well;or
iii. an adjusted water use rate calculation based on the larger of i.or ii.and the following:
A. documentation of water use reductions made since January 1,1992;
B. actual or estimated water use from wells approved by the Division of Environmental Health by August 1,2002;
C. percent of plant nursery operation using low volume micro-irrigation;or
D. documentation of other relevant information
(d) Plans for Reduction(use attached worksheet):
i. calculate difference between estimated water demand and approved base rate minus Cretaceous Aquifer reductions at year 2008,2013 and 2018
ii. identify new water sources and probable yields
XIII. Certification: I cerilfy under penalty of law that I have personalty examined and am familiar with the information submitted in this and all attached documents,and that
ed on my inquiry of t ose individuals immediately responsible for obtaining the information,I believe the submitted information is true,accurate,and complete.
ze
Charles E. Lewis Corporate Secretary /j /"7
(Signature) (Name) (Official Title) (Date)
DWR CCPCUA 2 August 29,2002

D1 Source(s.)of Ground Water(attach extra sheets if necessary): (a)Fill in table below. Depths: feet below land surface. Land surface elevation: feet above mean sea level.
well/ Latitude Longitude Date DIam- Well Depth to Depth to Depth to Pump Pump type Depth to Land Existing Maximum #of Hours
Sump ID (decimal (decimal construct- *ter depth top of bottom of pump capacity (submer- top of surface (E)or number of to be
degrees degrees ed (inw Pond screen or screen or intake (gallons sible, gravel elevation Proposed gallons to be pumped
ex.34.264567) ex.-77.263546) he$) nepth open hole open hole /minute) turbine,...) pack (P) withdrawn daily daily
Pump 1 35.61944 -77.24944 NIA NIA 30' NIA NIA NIA 1,950 entrifugal NIA 20 P 29808,000 24
(b)Totaled daily withdrawals from ground water= 28089000 gallons.
If(b)above exceeds 100,000 gallons,a Central Coastal Plain Capacity Use Area permit satisfies the requirementfor a water u4thdraml registration(Q.S.143-215.22(Ifl).

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co PITT COUNTY
4 z PLANNING DEPARTMENT RUCs A P 0 3 (0- 0,9
® DEVELOPMENT SERVICES BUILDING
1717 W. 57H STREET
GREENVILLE, NORTH CAROLINA 27834-1696
�`� TELEPHONE: [phone] JAMES F.RHODES,AICP
FAX: [phone] DIRECTOR
Project#PC07-004
LM+ Pitt County
Page 1 of 2
'I' E.R. Lewis Construction Company
P.O. Box 565
Greenville,NC 27835
tw
Subject Property: Parcel Number 52335 (Hart Mine)
On-Site Determination for Applicability to the Tar-Pamlico Riparian Area Protection
Rules (15A NCAC 2B .02059)
To Whom it May Concern:
Wd On March 26, 2008, at your request I conducted an on-site determination to review three features
located on'the subject property for applicability-fo"the Neuse Buffer Rules (15A NCAC 2B
.0259). The features are labeled as"08-005","08-006"and"08-007"on the attached map
bed initialed by me on April 13,2007.
LIM The Pitt County Planning Department has determined that the surface water labeled as
"08-005"and"08-006"on the attached map and are highlighted in pink is considered
exempt from the Tar-Pamlico Buffer Rule.•The surface water labeled as "08-007"on the
kw attached map and is highlighted in blue is subject to the Tar-Pamlico Buffer Rule. The
owner(or future owners) should notify Pitt County(and other relevant agencies) of this decision
in any future correspondences concerning this property. This on-site determination shall expire
M, five(5)years from the date of this letter.
At your request,I conducted an on-site determination as stated above. During my review I
evaluated the features using the DWQ Stream Classification Form. I evaluated the stream reach
highlighted in pink and calculated the scores to be less than 19 points. The form states that if the
score is"greater than or equal to 19 points the stream is at least intermittent". Therefore,the
bw features,which.are highlighted in pink on the attached Pitt County Soil Survey are considered to
be exempt from the Tar-Pamlico Buffer Rules. I evaluated the stream reach highlighted in blue
and calculated the score to be 27 points. The form states that if the score is"greater than or
equal to 19 points the stream is at least intermittent". Therefore,the feature,which is highlighted
in blue on the attached Pitt County Soil Survey is considered to be subject to the Tar-Pamlico
Buffer Rules.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated
Local Authority that a surface water exists and that it is subject to the buffer rule may request a

Lewis Property
Page 2 of 2
3/27/08
_ determination by the Division of Water Quality Director. A request for a determination by the
Division of Water Quality Director shall be referred to the Director in writing c/o Cyndi Karoly,
DWQ, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh,
NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that"exempts"a surface water from the buffer rule may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party
(including downstream and adjacent landowners) is notified of this decision. DWQ recommends
that the applicant conduct this notification in order to be certain that third party appeals are made
., in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh,N.C. 27699-6714. This determination is final and binding unless you
ask for a hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity
within the buffers. Nor does this letter approve any activity within Waters of the United States
or Waters of the State. If you have any additional questions or require additional information
please call me at(252)902-3250.
S' cerely,
nas Hill,
Planner H
JNH
Enclosures: Pitt County Soil Survey Map
cc: Amy Chapman,Division of Water Quality
Kyle Barnes,Division of Water Quality
Bryan Fagundus,Rivers and Associates, Inc.
File Copy
Rename: PC08.00"07

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