20220630_Mod_49-01

a"v o
ROY COOPER
Governor
ELIZABETH S.BISER
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
June 30, 2022
Jay Nivens
Martin Marietta Materials,Inc.
8701 Red Oak Blvd. Suite 540
Charlotte,NC 28217
RE: Statesville Quarry
Mining Permit No. 49-01
Iredell County
Yadkin River Basin
Dear Mr.Nivens:
Your recent request to have the above referenced mining permit modified has been approved. The modification is
to increase the permitted acreage to 328.5 acres and the affected acreage at this site to 234.4 acres as indicated on
the Mine Maps received May 20, 2022, and June 27,2022,and the supplemental information received on February
15, 2022, May 20,2022, and June 27, 2022. The modification includes the expansion of the Northwest comer of
the property to include a berm and buffer and an eastern expansion for future processing plant, settling cells,
freshwater pond, berms, and buffers. A copy of the modified permit is enclosed.
The conditions in the modified permit were based primarily upon the initial application. Modifications were made
as indicated by the modification request and as required to ensure compliance with The Mining Act of 1971. The
mine name and permit number shall remain the same as before the modification. I would like to draw your particular
attention to the following conditions where minor additions or changes were made: III.3.C, III.4.C, III.103,
III.I LE, IV, VI.
The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The
responsibility of compliance with any applicable zoning regulations lies with you.
As a reminder,your permitted acreage at this site is 329.2 acres and the amount of land you are approved to disturb
is 234.4 acres.
Please contact me at(919)707-9220 if you have any questions.
Sincerely,
David Miller,PE
State Mining Engineer
DM/ap
Enclosures
cc: Mr.Zahid Khan
North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh.North Carolina 276991612
a+�•+�� /'� 919.707.9200

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY,MINERAL,AND LAND RESOURCES
LAND QUALITY SECTION
PERMIT
For the operation of a mining activity
In accordance with the provisions of N.C.G.S. §74-46 through 68,"The
Mining Act of 1971,"Mining Permit Rule 15A NCAC 0513,and other
applicable laws,rules,and regulations
Permission is hereby granted to:
Martin Marietta Materials, Inc.
Statesville Mine
Iredell County-Permit No.49-01
for the operation of a
Crushed Stone Quarry
Which shall provide that the usefulness,productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.

Page 2
In accordance with the application for this mining permit, which is hereby approved by the Department of
Environmental Quality,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 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.
I. Definitions. N.C.G.S. §74-49.
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.
H. Modifications. N.C.G.S. §74-52.
October 15, 1993: This permit has been modified to add an additional 31 acres to the permitted acreage
and to include and allow the construction of a berm on approximately 15 acres of additional property as
indicated on the Mine Map last revised July 7, 1993,and the application for permit modification dated July
19, 1993.
May 16, 1994: This permit has been modified to allow the pit expansion and creek relocation as indicated
on the revised Mine Map dated March 22, 1994.
December 17, 1999: This permit has been modified to add 22.49 acres to the permitted are and to construct
a berm with its associated erosion and sediment control measures as indicated on the Mine Map last revised
October 18, 1999.
July 6, 2012: This permit has been modified to increase the permitted acreage to 278.08 acres and the
affected acreage at this site to 190.42 acres as indicated on the Mine Map last revised May 17,2012. This
modification includes the addition of 28.59 acres to the permit boundary, located east of the existing
operation and south of the entrance roadway off NC Highway 115, for use as plant processing area, new
office,shop,and employee building and includes the installation and maintenance of all associated erosion
and sediment control measures. In addition,the modification includes the extension of two drainage pipes
under the current paved drive entrance to allow for quarry access on both sides of the property.
December 1.2017: This permit has been issued for the life of site or the duration of the lease term.

Page 3
June 30,2022: This permit has been modified to increase the permitted area by 56.2 acres and the affected
area by 48.0 acres as indicated on the mine maps received May 20, 2022 and June 27, 2022, and the
supplemental information received February 15,2022,May 20,2022,and June 27,2022. The modification
includes the expansion of the Northwest corner of the property to include a berm and buffer and an eastern
expansion for future processing plant, settling cells, freshwater pond, berms, and buffers. The permitted
area at this site is 329.2 acres and the affected area is 234.4 acres.
This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017-
209 and has no expiration date. However, all provisions of N.C.G.S. §74-51 and N.C.G.S. §74-52 still
apply for new,transferred,and modified mining permits.
III. Operating Conditions. N.C.G.S.
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:
1. Wastewater and Quarry Dewatering.
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.
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 Stormwater Program to secure any necessary stormwater
permits or other approval documents.
2. Air Qualily and Dust Control.
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. The permanent access(plant entrance)road shall be paved a minimum of 500 feet from its
junction with NC Highway 115. During processing operation, water trucks or other means that
may be necessary shall be utilized to prevent dust from leaving the permitted area.
3. Buffer Zones.
A. 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.
B. Sufficient buffer 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.
C. All buffer zones shown on the Mine Maps received June 27, 2022, shall be maintained to
protect adjoining property. These buffer zones,with the exception of the installation of required
sediment control measures and approved earthen berms, shall remain undisturbed.

Page 4
4. Erosion and Sediment Control.
A. Adequate mechanical barriers including but not limited to diversions, earthen dikes,
sediment 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 mining activities associated with the 2012 renewal and modification and those
associated with the construction of the new plant processing area, office, shop and employee
building and with the extension of two drainage pipes under the current paved drive entrance,
including the installation and maintenance of all erosion and sedimentation control measures,shall
be conducted as indicated on the Mine Map last revised May 17, 2012 and the supplemental
information received by the Land Quality Section on March 8, 2012, April 17, 2012, May 22,
2012 and May 24,2012.
C. All mining activities associated with the 2022 Modification, including the installation and
maintenance of all erosion and sedimentation control measures,shall be conducted as indicated on
the Mine Maps received May 20, 2022 and June 27, 2022, and the supplemental information
received February 15,2022,May 20,2022,and June 27,2022.
D. An erosion and sediment control plan(s)shall be submitted to the Department for approval
prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps
submitted with the approved application for a mining permit and any approved revisions to it. Such
areas include,but are not limited to,expansion outside of the approved pit area,creek crossings,or
expansion of overburden or waste disposal areas.
5. Groundwater Protection.
Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the
Department.
6. Graded Slopes and Fills.
A. The angle for graded slopes and fills shall be no greater than the angle which can be
retained by vegetative cover or other adequate erosion control measure,structure,or device. In any
event,exposed slopes or any excavated channels,the erosion of which may cause off-site damage
because of siltation,shall be planted,or otherwise provided with groundcover,devices,or structures
sufficient to restrain such erosion.
B. Overburden cut slopes along the perimeter of the quarry opening shall be graded to a
minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion.
Furthermore,a minimum ten(10)foot wide horizontal safety bench shall be provided at the top of
the rock and at the toe of any overburden slope.
7. Surface Drainage.
The affected land shall be graded so as to prevent collection of pools of water that are,or likely to
become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be
constructed or installed when required to prevent such conditions.

Page 5
8. Blasting.
A. The operator shall monitor each blast with a seismograph located at a distance no farther
than the closest off site regularly occupied structure not owned or leased by the operator. A
seismographic record including peak particle velocity, air overpressure, and vibration frequency
levels shall be kept for each blast(except as provided under Operating Condition Nos. III.8.0 and
III.8.E of this permit). The following blasting conditions shall be observed by the mine operator to
prevent hazard to persons and adjacent property from surface blasting:
B. In all blasting operations,the maximum peak particle velocity of any component of ground
motion shall not exceed Figure 8-1(below) at the immediate location of any regularly occupied
building outside of the permitted area such as a dwelling house, church, school, or public,
commercial,or institutional building.
Figure 8-1-Allowable Peak Particle Velocity by Frequency
1o.a 10.0
m
0
2,0 2 in/Sec
> 2.Q
y 1.5
• 1.5
C
1.0
t.0
0.9 0.75 f nlsee 0'�
0.?
0.6
0.6
i 0.5
0.4 ,
0.4
0.3 0.3
' 0.2
x o.2
Q.1 �
t 4 10 20 30 100
81ast Vibration Frequency, Hz
Figure 1 Alt ern ative blasting level criteria
(Source modified from figure a-t. Bureau of Mines R?a50 i)
C. In the event of seismograph malfunction or other condition which prevents monitoring,
blasting shall be conducted in accordance with the following formulas:
W=(D/Ds)Z (EQ. 8.1)

Page 6
DS=D/W (EQ. 8.2)
V= 160(DS)-1-6 (EQ. 8.3)
W = Maximum charge weight of explosives per delay period of 8.0
milliseconds or more(pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator.(feet).
DS = Scaled distance factor.
V = Peak Particle Velocity(inches per second).
The peak particle velocity of any component shall not exceed 1.0 inch per second, for the
purposes of this Section.
D. Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear
(dBL) as measured at the immediate location of any regularly occupied building not owned or
leased by the operator outside of the permitted area such as a dwelling house, church, school, or
public, commercial, or institutional building, unless an alternate level based on the sensitivity of
the seismograph microphone as specified below is being used:
Lower Frequency Limit of Measuring System(Hz) Max Level(dBL)
0.1 Hz or lower-flat response 134 peak
2.0 Hz or lower-flat response 133 peak
2.0 Hz or lower-flat response 129 peak
E. In the event of seismograph malfunction or other condition which prevents monitoring,
blasting shall be conducted in accordance with the following formulas:
U= 82 (D/W0.33)-1.2 (EQ 8.4)
To convert U(psi)to P(dBL):
P=20 x log(U/2.9x10-9) (EQ 8.5)
Confined Air blast/Overpressure(dBL)for quarry situation:
A=P- 35 (EQ8.6)
U = Unconfined air overpressure(pounds per square inch).
W = Maximum charge weight of explosives per delay period of 8.0
milliseconds or more(pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator(feet).
P = Unconfined air overpressure(decibels).
A = Air blast or air overpressure for typical quarry situations(decibels).

Page 7
The air blast/overpressure shall not exceed 129 decibels,for the purposes of this Section.
F. The operator shall maintain records on each individual blast describing:
i. date and time of the blast.
ii. the total number of holes.
iii. pattern of holes and delay of intervals.
iv. depth and size of holes.
V. type and total pounds of explosives.
vi. maximum pounds per delay interval.
vii. amount of stemming and burden for each hole.
viii. blast location.
ix. distance from blast to closest offsite regularly occupied structure.
X. weather conditions at the time of the blast.
Records shall be maintained at the permittee's mine office and copies shall be provided to
the Department upon request.
G. If ground vibration or Air blast limits are exceeded, the operator will immediately report
the event with causes and corrective actions to the Department. Use of explosives at the blast site
that produced the excessive reading shall cease until corrective actions approved by the Department
are taken. However, blasting may occur in other approved areas within the permitted boundary.
Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high
ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to
report will constitute a permit violation.
H. The operator shall take all reasonable precautions to ensure that flyrock is not thrown
beyond areas where the access is temporarily or permanently guarded by the operator. Failure to
take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a
violation of the Mining Permit.
I. Should flyrock occur beyond the permitted and guarded areas, the operator shall
immediately report the incident to the Department. Further use of explosives on the mine site shall
be suspended until the following actions have been taken:
i. A thorough investigation as to the cause(s)of the incident shall be conducted.
ii. A report detailing the investigation shall be provided to the Department within 10
days of the incident. The report shall,at a minimum,document the cause(s)of the incident
along with technical and management actions that will be taken to prevent further incidents.
The report shall meet with the approval of the Department before blasting may resume at
the mine site.
J. The operator shall provide to the Department a copy of the findings of any seismic studies
conducted at the mine site in response to an exceedance of a level allowed by these blasting
conditions. The operator shall make every reasonable effort to incorporate the studies'
recommendations into the production blasting program.
K. The operator shall,when requested by the Department,give 24-hour advance notice to the
Division of Energy,Mineral and Land Resources'Regional Office prior to any blast during a period
for which notice is requested.

Page 8
9. Highwall Barrier
A physical barrier consisting of large boulders placed end-to-end or fencing shall be maintained at
all times at the mining permit boundary to prevent inadvertent public access. In addition, a
minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of
rock and the toe of any overburden cut slope.
10. Visual Screening.
A. Existing vegetation shall be maintained between the mine and public thoroughfares to
screen the operation from the public. Additional screening methods, such as constructing earthen
berms, shall be employed as deemed appropriate by the Department.
B. Vegetated earthen berms shall be located and constructed as shown on the Mine Maps
received June 27,2022. In addition to grasses, long leaf and/or Virginia pines or other acceptable
evergreen species shall be planted as deemed appropriate by the Department to improve visual and
noise buffering.
11. Refuse Disposal.
A. No on-site disposal of refuse or other solid waste that is generated outside of the mining
permit area shall be allowed within the boundaries of the mining permit area unless authorization
to conduct said disposal has first been obtained from both the Division of Waste Management and
the Division of Energy,Mineral and Land Resources,Department of Environmental Quality. The
method of disposal shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by N.C.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 Energy, Mineral and Land Resources
considers the following materials to be "mining refuse" (in addition to those specifically listed
under N.C.G.S. §74-49(14)of the N.C. Mining Act of 1971):
i. on-site generated land clearing debris.
ii. conveyor belts.
iii. wire cables.
iv. v-belts.
V. steel reinforced air hoses.
vi. 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 Energy, Mineral and
Land Resources prior to commencement of such disposal:
i. the approximate boundaries and size of the refuse disposal area.
ii. a list of refuse items to be disposed.
iii. verification that a minimum of 4 feet of cover will be provided over the refuse.
iv. verification that the refuse will be disposed at least 4 feet above the seasonally
high-water table;and,

Page 9
V. verification that a permanent vegetative groundcover will be established.
E. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a
valid air permit and are allowed to operate crushing operations for the purposes of recycling and
reuse provided that the following conditions are met:
i. Appropriate quality control measures shall be taken when the used concrete arrives
onsite to ensure that all such concrete processed onsite is clean, inert material.
ii. Used,clean concrete shall be temporarily stockpiled and processed within existing
approved affected areas draining to existing approved erosion and sedimentation control
measures.
iii. No used,clean concrete material shall be permanently disposed of onsite.
iv. Any foreign material that may be found within the used concrete must be separated
from the concrete and properly recycled or disposed off-site.
IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S.
An Annual Reclamation Report and Annual Operating Fee of$400.00 shall be submitted to the Department
by September 1 of each year until reclamation is completed and approved for release by the Department.
V. Prior Approval Required for Plan Modification. N.C.G.S. §74-52.
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.
VI. Bonding. N.C.G.S. §74-54.
The security, which was posted pursuant to N.C.G.S. §74-54 in the form of a$1,000,00.00 blanket 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.
VII. Archaeological Resources. N.C.G.S. V0-3.
1. Minimum Requirements
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 N.C.G.S. §70-3, "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.
VIII. Approved Reclamation Plan. N.C.G.S.
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.

Page 10
To comply with N.C.G.S. §74-53 the approved plan will provide:
1. Minimum Standards.
A. 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.
B. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
C. 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.
D. 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.
E. 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.
F. 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.
2. Reclamation Conditions.
A. Provided further, and subject to the Reclamation schedule, the planned reclamation shall
be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along
the top of any high wall,and grade and revegetate any areas in unconsolidated material.
B. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
i. All areas of unconsolidated material such as overburden or waste piles shall be
graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure
slope stability.
ii. Any settling ponds and sediment control basins shall be backfilled, graded, and
stabilized or cleaned out and made into acceptable lake areas.
iii. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
iv. Compacted surfaces shall be disced, subsoiled, or otherwise prepared before
revegetation.
V. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Conditions Nos. III.1 LA through
III.11.D.
vi. 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
included on the reclamation map received February 15,2022.

Page 11
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.
IX. Issuance and Modification Summary. N.C.G.S. V4-51 and &74-52.
This permit, issued April 30, 1972, renewed May 18, 1982 and October 22, 1992, modified October 15,
1993, May 18, 1994, and December 17, 1999, renewed October 14, 2002, simultaneously renewed and
modified July 6, 2012, and modified December 1, 2017, is hereby modified this 30th day of June 2022
pursuant to N.C.G.S. §74-52.
By:
Brian Wrenn, Director
Division of Energy, Mineral,and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality

ROY COOPER S
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
NOTICE REGARDING THE RIGHT TO CONTEST A MINING PERMIT DECISION
You have previously expressed an interest and/or are listed as an adjoining landowner in the mining application for
mining activities off Hwy 115 (Wilksboro Hwy) in Iredell County. The mining permit (no. 49-01) was modified
on June 30,2022.
Right of Persons Aggrieved to File a Contested Case for the Issuance of a New Mining Permit: Pursuant to
NCGS 150B,Article 3,a party or person aggrieved may file a contested case by filing a petition under NCGS 150B-
23 in the Office of Administrative Hearings within 60 days after the Division provides notice of its decision on a
permit application.
Right of Persons Aggrieved to File a Contested Case for the Issuance of a Modification to a Mining Permit:
Pursuant to NCGS 74-61 and NCGS 15013,Article 3,a party or person aggrieved may file a contested case by filing
a petition under NCGS 150B-23 in the Office of Administrative Hearings within 30 days after the Division provides
notice of its decision on a permit application,as provided in NCGS 150B-23(f).
General Filing Instructions: A petition for contested case hearing must be in the form of a written petition,
conforming to NCGS 150B-23, and filed with the Office of Administrative Hearings, 1711 New Hope Church
Road, Raleigh NC, 27609, along with a fee in an amount provided in NCGS 15013-23.2. A petition for contested
case hearing form may be obtained upon request from the Office of Administrative Hearings or on its website at
https://www.oah.nc.gov/hearings-division/filing/hearing-forms. Additional specific instructions for filing a
petition are set forth at 26 NCAC Chapter 03.
Service Instructions: A party filing a contested case is required to serve a copy of the petition, by any means
authorized under 26 NCAC 03 .0102,on the process agent for the Department of Environmental Quality:
William F. Lane,General Counsel
North Carolina Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
If the party filing the petition is a person aggrieved other than the permittee or permit applicant,the party must also
serve the permittee in accordance with NCGS 15013-23(a).
Be aware that other rules or laws may apply to the filing of a petition for a contested case. Additional information
is available at https://www.oah.ne.gov/hearings-division/hearingprocess/filing-contested-case. Please contact the
Office of Administrative Hearings at(984) 236-1850 or [e-mail] with all questions regarding
the filing fee and/or the details of the filing process.
A*ti
Brian Wrenn
Director
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
This notice was mailed on
Brenda Hams
Mining Program Administrative Assistant