16-44_1_Redacted

ROY COOPER
wPER
MICHAEL S. REGAN
Nr. were
Energy,Mineral& TRACY DAVIS
Deeclor
Land Resources
Ervvlaoxlnaxru ouu,n
December 1, 2017
Lee Tripp
Otway Sand Mine, Inc.
108 Partridge Drive
New Bern, NC 28562
RE: Mining Permit No. 16-44
Otway Sand Mine
Carteret County
Dear Lee Tripp:
This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the
permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4,
2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site
or for the duretion of the lease term. The°life of site" means the period from the initial receipt of a permit for the operation
until the mining operation terminates and the required reclamation is completed.
Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior
expirabon date to convert your permit to a life of site or lease permit effective immediately. No action is required on your
part for this modification to be effective. Please attach this letter to Your existing mining permit for future reference. The
mine name and permit number on the permit document, and all existing operating and reclamation conditions contained
therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS§74-52 still apply to all new,
transferred and modified mining permits.
In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining
permit operating fee of$400 per mining permit number. By statute, the initial payment of this annual $400 fee must be
submitted to this office by December 31, 2017— see the attached Invoice to remit the initial annual fee payment by this
deadline. Beginning in 2018, the$400 annual operating fee must be submitted by July 1 of each year with the required
Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a
$50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit.
Lastly, pursuant to GS§74-54, the cap on reclamation bonds has been raised from $500,000 to$1 million. Any
adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action
unless you contact this office with a written request to have your bond reevaluated.
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 remains with you.
Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy
Wenner, Assistant State Mining Specialist, or me at(919) 707-9220.
Sincerely, /
f'r'Fls--2 ✓°"ems.•-�
William "Toby'Vinson, Jr., PE, GPM
Interim Director, DEMLR
Aamof North CmoM1na I ervlrvnmenll I Ene19y,Mlneraland LandN purees
52N.SaINWryaroet I Ibr Mall Seroce cwrer I Ralelgh.NonX Cardlna 2%991612
9197079200

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, CPM Pat McCrory, Governor
Director John E. Skvada, III, Secretary
January 8, 2014
Mr. Lee Tripp
Otway Sand Mine, Inc.
108 Partridge Drive
New Bern, North Carolina 28562
RE: Mining Permit No. 16-44
Otway Sand Mine -
Carteret County
White Oak River Basin
.Dear Mr. Tripp:
Your application for renewal of the above referenced mining permit has been approved.
A copy of the renewed permit is enclosed. The new expiration date is January 8, 2024.
The conditions in the permit renewal were based primarily upon the initial application.
Modifications were made as indicated by the renewal request and as required to insure
compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the
following conditions where minor additions or changes were made: Operating Condition Nos.
4D and 9B and Reclamation Condition No. 3.
As a reminder, your permitted acreage at this site is 33.70 acres and the amount of
land you are approved to disturb is 27.29 acres.
Please review the renewed permit and contact Judy Wehner, Assistant State Mining
Specialist, at [phone] should you have any questions conceming this matter.
Sincerely,
J net S. Boyer, PE
ate Mining Specialist
and Quality Section
JSB/jvv
Enclosures
cc: Mr. Dan Sams, PE
Ms. Shannon Deaton-WRC, w/enclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
1612 Mail Service Center,Raleigh,North Carolina 27699.1612•Telephone 919,707.92201 FAX:[phone]
512 North Salisbury Street, Raleigh, North Carolina 27604• Intemet 110*11oortal.ncdencom)weVrlland-quality
An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper

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:
Otway Sand Mine, Inc.
Otway Sand Mine
Carteret County - Permit No. 16-44
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: January 8. 2024

I
Page 2
k
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.
Modifications
November 15, 2011: This permit has been transferred in its entirety from Superior Landworks,
Inc. to Otway Sand Mine, Inc.
October 1 Q 2012: This permit has been modified to increase the permitted acreage to 33.70
acres and the affected acreage at this site to 27.29 acres as indicated on the mine map dated
July 18, 2012. The modification includes the addition of approximately 13.52 acres to the
permit boundary and expansion of the mine excavation in a northeasterly direction.
Expiration Date
This permit shall be effective from the date of its issuance until January 8, 2024.

s,
Page 3
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.
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. 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.

Page 4
C. Mining activities shall occur in such a manner as to maintain a minimum three.
horizontal to one vertical or flatter slope along all perimeter pit slopes. For
reclamation purposes, a four horizontal to one vertical slope must extend from
the top edge of the pit to a point where four foot of water exist and then from that
point to the bottom of the pit, a minimum two horizontal to one vertical slope
provided.
D. Mining activities shall be conducted as indicated on the mine map and the
supplemental information both received by the Land Quality Section on
December 2, 2013.
5. All permit boundaries (33.70 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.
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. A. Existing vegetation or vegetated earthen berms shall be maintained between the
mine and public thoroughfares whenever practical to screen the operation from
the public.
B. A minimum four foot high wire fence with a top strand of barbed wire shall be
installed as needed within the 25 foot unexcavated buffer along the northwest
side of the mine.
9. A. Sufficient buffer shall be maintained between any excavation and any mining
permit boundary to protect adjacent property.
B. Buffers shall be maintained as indicated on the mine map received by the Land
Quality Section on December 2, 2013.
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.

Page 5
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.
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 $12,200.00
Assignment of Savings Account and a $14,200.00 Assignment of Savings Account
(totaling $26,400.00), 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.

Page 6
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 N. C. G. S. TO 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.

1 Page 7
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 8
B. The side slopes to the lake excavation shall be graded to a 4 horizontal to 1
vertical or flatter to a point where four foot of water exists and a minimum 2
horizontal to 1 vertical or flatter from this point to the bottom of the pit.
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 Seeding
Schedule listed on the mine map received by the Land Quality Section on December 2,
2013.
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.
This permit, issued January 6, 2004 to Superior Landworks, Inc., transferred to Otway
Sand Mine, Inc. November 15, 2011 and modified October 10, 2012, is hereby renewed
this 8`h day of January, 2014 pursuant to G.S. 74-52.
By: - 5'=(�4
Tracy E. Davis, Director
Division o Energy, Mineral, and Land Resources
y Authority of the Secretary
Of the Department of Environment and Natural Resources

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Wehner, Judy
From: Lambe, Brian
Sent: Monday, December 23, 2013 2:12 PM
To: Wehner, Judy
Cc: Boyer, Janet
Subject: 16-44 Otway
Attachments: DOC122313.pdf
Brian Lambe
Environmental Specialist
Land Quality Section
NC Division of Energy, Mineral, and Land Resources
[phone]
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.
t

LAND QUALITY SECTION REGIONAL OFFICE
MINING APPLICATION REVIEW CHECKLIST
APPLICATION/PERMIT ACTION: New Modilication Renewal ransfer Release
APPLICANT NAME:0rxj*4FAhJAJmTuL MINE NAME: O,NSRaDMJr COUNTY:CAx+t
Administrative Issues:
A. Is the site currently under NOV? Yes® ain:
B. Is the site under CAMA jurisdiction? Yes WExplain:
Field Issues:
A. Are potential wetlands and watercourses properly indicated on the Mine Map q 5 No Explain:
S. Are the proposed buffer zones adequate? No Explain:
C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? Y No
Explain:
D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? Ye No
Explain:
E. Is visual screening needed? Yes N Explain: OW 4a Zv�-k
F. Are the proposed msion and sedimentation control measures properly located to prevent offsile
sediment ation?f y� No Explain:
G. Is the proposed revegelation1reclamation plan acceptable? Ge No Explain:
Date inspected: 11 r
Erosion and Sedimentation Control Plan Review:
It is the responsibility of the Regional Office staff to verify the adequacy of the E&S measures. Please provide
any concerns or comments: r
Other Comments: . w
Who was the application touted to and when?:
Division of Air Quality: R ..r Date ..
Division of Water Quality (Water Quality Section only) Date:
Other: Date:
Inspector/Reviewer'sName: i ? 10yA �aro�l Date: r 1
Regional Engineers Name: Date:
Rev Dec 2006

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MINING PERMIT APPLICATION REVIEW FORM
for
DIV/SIGN Of AIR QUALITY
f-rojec[:vt�crty �Nn.Q',..>t_ /4-N4 _ C.unlyf+le�t.
"Due Date for Comments Back to Land Quality Section:ZiAvl -
Will the operation. as proposed. violate standards of air quality?_ N
Cornmen*s'._
No vac Sf+r.oa„ks - N1 / a
YES NO
Art permit required Y /
Air permit existing _ fPermit _✓/
Other Comments: 14/I OK.
Reviewed by:_ atr-:_�1
Print
uvzaao.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
December 20,2013
MEMORANDUM
TO: Ms. Judy Wehner
NCDEMLR-Land Quali Section
FROM: Gabrielle Chianese
Ground Water Menage nt Branch DEL 2 0 2013
Division of Water Resources
11:AW QUALITY SECTION
SUBJECT: Comments on the Mining Permit Renewal Request for:
Otway Sand Mine, Inc.
Otway Sand Mine
Carteret County
Please find attached a copy of the mining permit renewal request for the above referenced
project.
The Otway Sand Mine located in Carteret County does not appear to have an unduly adverse
effect on ground water supplies. Water withdrawals are less than 100,000 gpd and this operation
is currently up to date with their water withdrawal registration 0 CUR0128,
A Central Coastal Plain Capacity Use Area(CCPCUA) water withdrawal 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.
1611 Mal 6enin Cella,Aalegh,NochCamli 27699-1611
L=tbx 512 N.Salsbury SL Raleigh,NVM Carolina 27601
PMne:910402 MM FAX 919-7n,3555
IMemel'.w .rmabra9
M Equal�enNblAMnNtivBMINn Fmpby2,

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, CPM Pat McCrory, Governor
Director John E. Skvarla, III, Secretary
December 3, 2013
MEMORANDUM
TO: Mr. Nat Wilson
Hydrogeology Group
Division of Water Reesssoourrccess
FROM: Brenda M. Harris 40-
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Renewal for Otway Sand Mine, Inc.
Otway Sand Mine
Carteret County
® Mine Dewatering Proposed ❑ No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit renewal request for the
above referenced project.
Please review this information and advise as to the probability of this operation having
unduly adverse effect on potable water supplies (GS 74-51 (2). Please respond by December
27, 2013 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, 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.
RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW
COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wenner at
[phone] if you have any questions.
Ibmh
Attachments 1
mq
cc: Mr. Dan Sams DEC 4 2013
1812 Mail Service Center, Raleigh,Nonh Carolina 27699-1612•Telephone [phone] FAX [phone]
512 North Salisbury Si Raleigh,North Carolina 27604•Internet, htlai/oortal nadenlmrotrWtaNp�{�II
An Equal Opponunity 1 Aflinnative Action Employer-50%Recydeo 110%Post nsumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, CPM Pat McCrory, Governor
Director John E. Skvarla, III, Secretary
December 3, 2013
C. 13.12.orm, Cq
MEMORANDUM RECEIVED
TO: Ms. Maria Tripp DEC 16 2013
Habitat Conservation Program Coordinator 2g456 j8
Wildlife Resources Commission 4 9�
�, �-y�, LAND QUALITY SE NJ DEC
FROM: Brenda M. Harris 2013
Mining Program Secretary M F4"��',7�.fb- 2
Land Quality Section
Con,>
SUBJECT: Mining Permit Renewal for Otway Sand Mine, Inc.
Olway Sand Mine
Carteret County
Please find attached for your review a copy of the mining permit renewal 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 27, 2013 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 Wenner at
[phone] if you have any questions.
Ibmh
Attachments
. 1 1�
cc: Mr. Dan Sams " ` r2_ 43-1.7
1612 Mall Servioe Center, Raleigh, North Carolina 276W1612 •Telephone [phone]/FAX:[phone]
512 Nonh Salisbury Street, Raleigh, North Carolina 27604•Internet:htloaloonaleodenr.onitmellrlland-oualily
An Equal Opportunity I Affirmative Action Employer-50% Recycled\10%Post Consumer Paper

)� MINING CHECKLIST FOR ROUTIN��G������ �� ('� � /��
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N5ENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, GPM Pat McCrory, Governor
Director John E. Skvarla, III, Secretary
December 3, 2013
MEMORANDUM
TO: Ms. Maria Tripp
Habitat Conservation Program Coordinator
Wildlife Resources Commission
FROM: Brenda M. Harris ll�IZM
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Renewal for Otway Sand Mine, Inc.
Otway Sand Mine
Carteret County
Please find attached for your review a copy of the mining permit renewal 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. 744-51 (2)}, Please respond by
December 27, 2013 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.
lbmh
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612•Telephone [phone] FAX:[phone]
512 North Salisbury Street,Raleigh, North Carolina 27604•Internet:http://portal.ncdenr.orgiweb/Ir/land-quality
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, CPM Pat McCrory, Governor
Director John E. Skvarla, III, Secretary
December 3, 2013
MEMORANDUM
TO: Mr. Nat Wilson
Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harris
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Renewal for Otway Sane! Mine, Inc.
Otway Sand Mine
Carteret County
© Mine Dewatering Proposed ❑ No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit renewal request for the
above referenced project.
Please review this information and advise as to the probability of this operation having
unduly adverse effect on potable water supplies (GS 74-51 (2). Please respond by December
27, 2013 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, 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.
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.
Ibmh
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh,North Carolina 27699-1612-Telephone [phone] FAX:[phone]
512 North Salisbury Street,Raleigh, North Carolina 27604-Internet:htt :11 onal.ncdenr.or IwebllrAand- ualit
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Wehner, Judy
From: Wehner, Judy
Sent: Monday, December 02, 2013 4:29 PM
To: May, David
Cc: Lambe, Brian;Sams, Dan
Subject: 16-44 DWR REVIEW SHEET 2013
Attachments: 16.44 DWR REVIEW SHEET 2013.doc
Here's the DWR checklist for Ottway Sand Mine renewal.
1

Print this him;to PDF Retum POF of this form to DEMLR CO by email. W DEMLR RO, DWR SPU Send e copy to the permiltee.
MINING POKMIT APPLICATION R*IEW FORM
for the
DIVISION OF WATER RESOURCES
THIS SECTION TO BE FILLED OUT BY DEMLR:
Project Name: Ottway Sand Mine DEMLRPermit # 16-44 County: Carteret Applicant's
Email: [e-mail]
PERMIT ACTION TYPE:
YES NO Date Commencing
I—r I i
Have land disturbing activities
started? Date? r f r r 2004
Latitude: 34.7766 Longitude: •76.6536
S
Please return comments to (at DEMLR CO): Judy Weimer
Comments due by: 12/27113
SECTION BELOW TO BE FILLED OUT BY DWR:
Is the RO concerned that the operation, as proposed, would violate standards of water quality?_
Comments:_
Watershed/Stream Name & Classification:
DWR Compliance Status of Mine:
Does this mine (or previous owner) have DWR back fees to pay? If yes, amount.
Is this mine an active permit in RIMS?
YES NO
401 Wetland Cert. required?
401 Wetland Cert. existing? rf Permit#_ rr
Does DWR RO have enough information to r r f r
determine If a 40,1 certification is re_ ulredl?
YES NO
Are wetlands disturbed at this site? r r111�1111111 11111
i n
Does DWR RO suspect or know of nearby
wetlands to the site? —
rr p
Is .. wetland delineation required prior to —
DWR issuing tha permit? f •onsultant _ r r—
r f •nsite3

Pnnt this form to POF Refum PDF of this form to DEMLR CO by emaii.cc DEMLR RO, DWR SPU. Send a copy to the permittee.
rr ffsite?,w:'_
Stream Determination Needed? r r r
Stream Determination Completed? r r
Does DWR RO need a statement that no
wetlands/streams are disturbed
for this project from applicant?
Buffer Determination NeededTrr f f
Buffer Determination Completed?
Recycle system permit existing?* F f ermit# r r
New Recycle System permit required?'
Enough information to determine? —
'Non-discharge permit existing?' r r ermit#_ r f—
Does this applicant need to contact the
regional of Central DWR Office to r f r r
determine if a State Stormwater Permit is
needed?
((Unknown.
Will wastewaters discharge to HQW waters I—( r(7Q10 Permittee
with a 7010=0? •' Flow: must
-
determine.
( Has Violation
f r O&M Requirements
r( HQW17QIO Concerns
'Does DWR require DEMLR to In the F ( Pay back fees or renew
r paemit( DWR permit
so'DWR can review it further or
because'DWR requires more Information)? f r Other. _
Please describe the reason to
hold the permit: —
RO contact:
©Hold Until:
Mine must wait to deviater until an O&M plan is r f r f
approved?
'The NPOES Swand WWoormit NCGO20000 Covoct Ciasgo-iotto1 to deinned to I dall stormwater run-offf
the system and operate at arbelow two-feet of freeboard These t b permitted by a Non-cfischafflo Recycle System
Permit fmm the AaufrerPmtacBon Section (APS) OR may instead be tBed under NCGO 0000 to eliminate an additional permit
Recycle systems that do not meet those criteria are considered discharging to d am subtect to the NGG020000 discharge
pelt,
"To obtain 7Q10 Bows, permittees must confect the OWR StormwaterPennif ing Unit. 11 DWR does not have a Bow estimate fora
specific stream,permittees will be asked to obtain one. Parminees should contact J. Curtis Weaver at the USGS:919-5 714 0 4 3, for
more information on obtaining a 7Q10 now. USGS will not determine a 7010 Bow for tidally influenced water bodies.
"'lf them t enounhinformation to arm a complete answer, Y the 'tldwhaf You will needt answer this ti
completely I/you matrint DEMLR to hold the permit until further notice, indicate that In the guestion below.
Ron SontAmho,7n n

Pdnf this bml to PDF Retum PDF o/this form Is DEMLR GO by email.w DEMLR RO, OWR SPO. Send a copy Is the mwiffea.
Reviewed 6v:
DWR RO Surface Water:_ Regional Offce: _ Date:
RO Aquifer Protection Section: _ Regional Office: _ Date:
i
I
Rpm Aantamhpr 9M n

•
CAROLINA GEOLOGICAL SERVICES, INC.
December 2, 2013 -ZP�1"�
Ms. Judy Werner DEC 22013
NCDENR, Land Quality Section
1612 Mail Service Center
Raleigh, NC 27699 LAND :UALiTY SECTION
Subject: Permit 16-44, Otway Sand Mine, Carteret County
Dear Ms. Wehner;
On behalf of Mr. Lee Tripp, I am herewith submitting an application for renewal of the
Mining Permit for Otway Sand Mine, #16-44. Please note that there is no modification
requested at this time, simply a renewal of the permit. The site map submitted with this
renewal application is a copy of the map that was approved in 2012, with no changes
whatsoever. We trust that this will allow a simple review process.
If you have any questions, please contact me.
Sincerely,
�
Owe
James C. Iz ell, Jr., PG
enclosures
P.O. BOX 429. GARNER, NC 27529 (91 9)779-001 7
OFFICES AT 101 WEST MAIN STREET, GARNER. INC

APPLICATION FOR A MINING PERMIT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES RECEIVED
LAND QUALITY SECTION
DEC U 2 2013
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE) LAND QUALITY SECTION
1. Name of Mine Otway Sand Mine (Permit 4 16-44) County Carteret
River Basin White Oak
Latitude (decimal degrees to four places) 34.7741
Longitude (decimal degrees to four places) -76.5527
2. Name of Applicant* Otwav Sand Mine, Inc.
3. Permanent address for receipt of official mail** 108 Partridge Dr., New Bern, NC 28562
Telephone ( ) 252-514-1468 Alternate No. )
4. Mine Office Address
Telephone ( 1
5. Mine Manager Lee Trine
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 //-04 - /3
Print Name Lee Tripp
Title President
* 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 l that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** Signature of company officer required
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt
of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any
supplemental information required by the Department. All questions must be addressed and all required maps
provided before this application can be considered complete. Attach additional sheets as needed.
1

APPLICATION FOR A MINING PERMIT
NOTE: All of the following questions must be thoroughly answered regarding your raining operation for
the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
1. Answer all of the following that apply:
❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the
permit (this is the acreage that the "new permit" fee will be based upon):
Of this acreage, how much is owned and how much is leased? Acres owned:
Acres leased: Property owner if leased:
X If this is an application for RENEWAL of a mining permit, indicate the mining permit number and
the total (overall) acreage covered y the existing permit: Mining Permit No.. 16-44
Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 33.70
❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit
number and the total (overall) acreage covered by the existing permit.
Mining Permit No.: Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage
that the "major modification" fee will be based upon):
Does the modification involve acreage outside the previously approved permitted boundary?
Yes ❑ No ❑. If yes, indicate the additional acreage to be covered by this
modification: . (NOTE: you must complete all of Section F. of this application farm
entitled Notification of Adjoining Landowners).
Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed,
ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification"
fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the
acreage to be affected within the acreage to be added to the permit (the total acreage to be added to
the permit is the acreage that the "major modification" fee will be based upon):
❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and
the total (overall) acreage covered by the existing permit.
Mining Permit No.: Total permitted acreage:
SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE
PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED
ABOVE
2. Name of all materials mined: sand and gravel
3. Mining method:
X Hydraulic Dredge X Front-end Loader& Truck X Shovel & "Truck
X Dragline & Truck X Self-loading Scraper
Other(explain): excavator and truck
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 level
b. Expected average depth of mine (feet) 30
-2 -

APPLICATION FOR A MINING PERMIT
5. Has any area(s) at this site been mined in the past? Yes X No ❑
If yes, when and by whom was this activity conducted9 by applicant
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) conies of a 7.5-minute quadrangle
and a county highway map. These maps, in addition to six (6) conies of all mine maps and reclamation
maps, must be submitted with each permit application.
7.5-minute quadrangles may be obtained from the N.C. Geological Survey:
Mailing, Address: Physical Address:
1612 Mail Service Center OR 512 North Salisbury Street, 5`" Floor
Raleigh,North Carolina 27699-1612 Raleigh, North Carolina 27604
[phone]
www.geol ogy.enr.state.nc.us/
County highway maps may be obtained from the N.C. Department of Transportation:
North Carolina Department of Transportation—Geographic Information Systems (GIS)
Mailing Address: Physical Address:
NCDOT GIS Unit NCDOT GIS Unit
1587 Mail Service Center 3401 Carl Sandburg Court
Raleigh, North Carolina 27699-1587 Raleigh, North Carolina 27610
[phone]
ww-w.nedot.or,/it/gisContact/default.html
2. Mine maps must he accurate and appropriately scaled drawings, aerial photographs or enlarged
topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the
maps along with their corresponding(approximate)acreage. As a reminder, mining permits can
only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those
activities that are intended to be conducted during the life of the mining permit. All maps must be
of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a
minimum:
a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located
including easements and rights-of-way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.
d. Outline and width of all buffer zones (both undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
f. Outline and acreage of.all stockpile areas.
g. Outline and acreage of all temporary and/or permanent overburden disposal areas.
h. Location and acreage of all processing plants (processing plants may be described as to location and
distance from mine if sufficiently far removed).
i. Locations and names of all streams, rivers and lakes.
J. Outline and acreage of all settling and/or processing wastewater ponds.
k. Location and acreage of all planned and existing access roads and on-site haul roads.
1. Location of planned and existing on-site buildings.
m. Location and dimensions of all proposed sediment and erosion control measures.
n. Location of 100-year floodplain limits and wetland boundaries.
o. Names of owners of record, both public and private. of all tracts of land that are adjoining the mining
permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor
of the mine tract, names of owners of record of tracts adjoining these tracts; that are within 1,000 feet
of the mining permit boundary, must be provided on the mine map.

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 0.08
Stockpiles 0.12
Wastepiles 1.28
Processing Ama/Haul Roads 0.92
Mine Excavation 20.76
Other (Explain) unexcavated buffer 4.13
Total Disturbed Acreage 27.29
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/STA TEMENTS
THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE
WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS.
. 3 .

APPLICATION FOR A MINING PERMIT
C. PROTECTION OF NATURAL RESOURCES
l. 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.
Mining has been ongoing at this site for several years, and is well established. Excavation will
continue in the manner previously established and under current operating conditions.
2. Describe specific erosion control measures to be installed prior to land disturbing activities and during
mining to prevent offsite sedimentation (include specific plans far sediment and erosion control for mine
excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of
installation and schedule for maintenance of the measures. Locate and label all sediment and erosion
control measures on the mine map(v) and provide typical cross-sections/construction details of each
measure. Engineering designs and calculations are required to justify the adequacy of any proposed
measures.
A minimum of three sediment settling ponds will be utilized for erosion control, as indicated on
the Mine Map. All runoff is directed into the mining area, and retained by the ponds. Any
disturbed areas will be graded so that runoff flows into the mining area or ponds.
3. a. Will the operation involve washing the material mined, recycling process water, or other waste water
handling? Yes 0 No X. If yes, briefly describe all such processes including any chemicals to be used.
b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge
to the waters of the State? Yes X No ❑. If yes, briefly describe the nature of the discharge and locate
all proposed discharge points (along with their method ofstabilization) on your mine map(,$).
Mine dewatering, as shown on Mine Map
_6.

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 El
If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate
in gallons per day: 100,000 locate all existing wells on the mine maps) that lie VOthin
500 feet pf'the proposed excavcition circa. Provide data to support any conclusions or statements made,
including any monitoring well data, well construction data and current water withdrawal rates. Indicate
whether the proposed mine locale is served by a public water system or private wells.
Most water is pumped between existing ponds and retained onsite. However, it is anticipated
that water will be discharged approximately two days per week. This mine has been in operation
for nearly 10 years with no impact on area groundwater.
d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained
the appropriate water quality permit(s)(i.e., non-discharge, NPDES, Stormwater,etc.) from the Division
of Water Quality, Water Quality Section. In addition,the applicant is required to register water use with
the Division of Water Resources if the operation withdraws more than 10.000 gallons per day and needs
a capacity use permit from the Division of Water Resources ifthe operation lies in a capacity use area
and withdraws more than 100,000 gallons per day.
Mine is currently covered by NPDES General Permit NCG010626. Water withdrawal records
are submitted annually to the NC Division of Water Resources
4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No X.
If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the
Division of Air Quality or local governing body.
b. How will dust from stockpiles, haul roads, etc., be controlled?
Periodic spray with water is necessary.
- 7 -

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 &
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.
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).
As per operating condition 4-C and as shown on the Mine Map, a 25 foot undisturbed buffer
and a 25-30 foot unexcavated buffer is maintained between the mining activity and mining
permit boundary.
b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities
within the mining permit boundaries and any natural watercourses and wetlands unless smaller
undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may
be needed.
How wide an undisturbed buffer will be maintained between any land disturbing activities within
the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer
locations and widths on the mine map(v).
No natural watercourses or wetlands have been identified within the permit boundary.
6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries
during mining. Minimum 2 horizontal to I vertical slopes or flatter for clayey material and
minimum 3 horizontal to I vertical slopes or flatter for sandy material are generally required, unless
technical justification can be provided to allow steeper slopes.
Excavated slopes shall be 3:1 or flatter adjacent to permit boundaries, and buffers shall be
maintained as indicated on the Mine Map.
- R -

APPLICATION FOR A MINING PERMIT
b. Provide a cross-section on the mine map(v)for all,fill slopes(berms. ►��astepiles, overburden disposal
areas, etc.), clearly indicating the intended side slope gradient, installation of'anv benches and/or
slope drains (with supporting design information) if needed, and the merhodqffinal stabilization.
See Mine Map for all fill slopes
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 he provided on the
mine map(v).
Angle on all cut slopes in excavated areas adjacent to buffers shall be 3.1 or flatter
d. In.hardrock excavations, specify proposed bench widths and heights in feet. Provide cross-sectioav
gfthe mina excavation clearly noting the angles of the cut slopes, widths of all safety benches and
mina benches, and the expected maximum depth of the crcavatlon.
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 till such
structures on the mine map if they are within 300 feet of any proposed excavation.
The proposed buffers in conjunction with the slopes will provide adequate protection to
prevent hazards to dwellings, roads, and buildings.
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 he indicated on the mine map(v).
There are no high-walls in this mine plan. A gate at the mine entrance prevents inadvertent
public access.

APPLICATION FOR A MINING PERMIT
4. Are acid producing minerals or soils present? Yes ❑ No X.
if yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled?
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. Shmi, the location of all visual screening on the mine map(s) and provide cross-sections
through all proposed berms or proposed spacing. si es and species lot• Iree plantings,
A 15 foot high berm and natural vegetation screens the operation from public view.
b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park,
forest or recreation area? lfso, how will such effects (i.e., noise, visibility, etc.) be mitigated?
NIA
11. Will explosives be used? Yes ❑ No X.
If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical
hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations.
Depending on the mine's location to nearby structures, more detailed technical information may be
required on the blasting program (such as a third-party blasting study). Locate the nearest ofjsile occupied
slructure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the
proposed excavation.
12.1 Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes ❑ No X.
if yes, describe these materials, hove,they ivill be stored and method gfcontainment in case afspill. Indicate
the location(.) of till storage,facilities on the mine maps),
- io -

APPLICATION FOR A MINING PERMIT
D. RECLAMATION PLAN
I. 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 he 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(v) pf all permanent
channels must he indicated on the reclamation map.
Mining areas to be reclaimed as a lake. Side slopes will be graded to 4:1 or flatter above water
and 2:1 (or natural angle of repose) below water level. Any disturbed areas will lie graded
to drain into ponds and seeded according to schedule.
2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No ❑.
!f yes, illustrate the location of the body(s) of~eater on the reclamation map and provide a.scaled
cross-sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet,
measured from the normal low water table elevation, unless information is provided to indicate that a more
shallow water body will be productive and beneficial at this site.
Will the body(s) of water be stocked with fish? Yes ❑ No X.
If yes, specify species.
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

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 localions fnr such
areas must be provided on the reclamation map.
No waste areas will be left on site.
5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways.
Roadways will be graded to drain into ponds, and seeded according to schedule.
b. Will any on-site roadways be left as part of the reclamation? Yes X No ❑.
If yes, iden4b,such roadways on the reclamation map and provide details on permanent road and ditch
line stabilization.
Existing soil farm path will be left in its existing state as it existed prior to mining operation.
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 071.)
.)
No off-site generated waste shall be disposed of on the mine site without flEjar 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 he clearly delineated on the mine map(s) and
reclamation map, along with a list of items to he disposed in said areas.
Any such waste will be collected and periodically removed from 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 both permanent and temporary revegetation. Revegetation utilizing onfy 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.G. 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):
FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre):
SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING
SCHEDULE (pounds/acre): [NOTE: Include Legumes]
Seed Types: Seeding Dates: Seeding Rates:
* Seeding schedule is shown on Mine Map
MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METI IOD OF ANCHORING:
OTHER VEGETATIVE COVERS—TYPE (S) AND RATE (S) OF APPLICATION INCLUDING
SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc):
Revegetation and/or reforestation plan approved by:
Signature Date
Print Name
Title
Agency

APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The followingg bond calculation worksheet is to be aced to establish an appropriate bond(based upon a range
of$500 to $5.000 per affected acre)for each permitted mine site bared upon the acreage approved by the
Department to be affected chming the lije ojthe mining permit Please insert the approximate acreage for each
aspect ofthe mining operation, that you intend to affect during the life ofihis mining permit(in addition. please
insert the appropriate reclamation cast/acre for each category from the .Schedule of Reclamation Cosis
provided with this application form) OR you can defer io the Department to calculate your bond feu you based
upon your maps and standard reclamation costs:
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE* COST
Tailings/Sediment Ponds: 0.08 Ac. X $ 500 /Ac. _ $ 40
Stockpiles: 1.28 Ac. X $ 1,800 /Ac. _ $ 2.304
Wastephes: 0.02 Ac. X $ 1,800 /Ac. _ $ 216
Processing Area/Haul Roads: 0.92 Ac. X $ 1,800 /Ac. _ $ 1.656
Mine Excavation: 20.76 Ac. X $ 500 /Ac. _ $ 10,380
Other: 4.13 Ac. X $ 1,800 /Ac. _ $ 7.434
TOTAL AFFECTED AC.: 27.29 Ac.
(TOTAL PERMITTED AC.: 33,70 Ac.)
Temporary& Permanent Sedimemation & 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 27.29 Ac.
b) Positive Drainage 0 Ac. X $1,500.00 = $ 0
SUBTOTAL COST: $ 22.030
Inflation Factor:
0.02 X SUBTOTAL COST: $ 22,030 X Permit Life (I to 10 years): 10
INFLATION COST: $ 4,406
TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 26,436
Total Reclamation Rand Cast: S 26,400
(round down to the nearest $100.00)
. 14_

s
APPLICATION FOR A MINING PERMIT
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands
or operation during regular business hours for the purpose of making necessary field inspections or investigations
as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56.
We further grant to the Department or its appointed representatives the right to make whatever entries on the
land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry
out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S.
74-59.
LANDOWNER: APPLICANT:
Signature: Signature:*
Print Name: Lee THM President Print Name: _ Lee Tripp
(Title, if applicable)
Company Otway Sand Mine Inc. Title: President
(If applicab e)
Address: _ 108 Partridge Dr. _ _ - Company: OtwaySand Mine, Inc.T__
T New Bern, NC 28562 Mine Name: _- Otway Sand Mine
Telephone: ( ) 252-514-1468 Telephone: ( ) 252-514-1468
Date Signed. J 1-.t- /7 Date Signed: //--26 -/
*Signature must be the same as the individual who signed Page 1 of this application.
One original and five (Leopies of the completed apWication,six (6) copies of all location mans, mine mans
and reclamation maps, and the appropriate proeessinp,fee(see next page for fee schedule) in the form a check
or money order payable to the North Carolina Department of Environment and Natural Resources must be
sent to the Land Quality ection 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].

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STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
RALEIGH CENTRAL Office
FILE ACCESS RECORD
SECTION LOS Mining Pro ram DATE/TIME //-20- 13
NAME REPRESENTING
Guidelines for Access: The staff of the Central Office is dedicated to making public
records in our custody readily available to the public for review and copying. We also have
the responsibility to the public to safeguard these records and to carry out our day-to-day
program obligations. Please read carefully the following before signing the form.
1. Due to the large public demand for file access, we request that you call at least a
day in advance to schedule an appointment for file review so you can be
accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 o.m.
Viewing time ends at 4:45 p.m. Anyone arriving without an appointment may
view the files to the extent that time and staff supervision are available.
2. You must specify files you want to review by mine name/permit no., as
appropriate. The number of files that you may review at one appointment will be
limited to five.
3. You may make copies of a file when the copier is not in use by the staff and if
time permits. Cost Per copy is 2.5 cents for ALL copies if you make more than
25 copies- there is no charge for 25 or less copies. Payment is to be made by -�
check, money order, or cash in the administrative offices. \1
4. Files must be kept in the order you received them. Files may not be taken from
the office. No briefcases, large totes, etc. are permitted in the file review area.
To remove, alter, deface, mutilate, or destroy material in public files is a
misdemeanor for which you can be fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and
collected for checks on which payment has been refused.
6. The customer must present a photo ID, sign-in, and receive a visitor sticker prior
to reviewing files.
MINEY NAME I PERMIT NO. COUNTY
1. 77 4 oV 744wou/0P
2, 1 K C42�"h�t
3.
4.
5.
Signature/Name of Firm or Business Date Time In Time Out
Please attach business card to form if available

A*'A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E.Davis,-PEXPM " Beverly Eaves Perdue,Governor-
Director October 10, 2012 Dee Freeman, Secretary
Mr. Lee Tripp
Otway Sand Mine, Inc.
108 Partridge Drive
New Bern, North Carolina 28562
RE: Mining Permit No. 16-44
Otway Sand Mine
Carteret County
White Oak River Basin
Dear Mr. Tripp:
Your recent request to have the above referenced mining permit modified has been
approved. The modification is to increase the permitted acreage to 33.70 acres and the
affected acreage at this site to 27.29 acres as indicated on the mine map dated July 18, 2012.
The modification includes the addition of approximately 13.52 acres to the permit boundary
and expansion of the mine excavation in a northeasterly direction. 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 insure
compliance with The Mining Act of 1971. The expiration date, 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: Operating Condition
Nos. 4F, 5, 9B, and 13.
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 33.70 acres and the amount of
land you are approved to disturb is 27.29 acres.
- - ---.-Please-be-aware-that-Mining Permit-No.16-44-expires January-6,-2014. In-orderto
continue mining operations at this site after January 6, 2014, a renewal request must be
submitted prior to said date.
1612 Mail Service Center,Raleigh, North Carolina 27699-1612-Telephone [phone] FAX:[phone]
512 North Salisbury Street, Raleigh, North Carolina 27604- Internet:httn:rroortal.ncdenr.arglwebllrlland-quali�
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

1
Mr. Tripp
Page Two
- Please review the modified permit and contact Judy Wishner, Assistarit Mining
Specialist, at [phone] should you have any questions concerning this matter.
Sincerely,
Ja at S. Boye(
State Mining Specialist
Land Quality Section
JSB/jw
Enclosures
CC' Mr. Dan Sams, PE
Ms. Shannon Deaton - WRC, w/permit
Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures
US Fish and Wildlife Service, w/ permit

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 fib, "The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Otway Sand Mine, Inc.
Otway Sand Mine
Carteret County- Permit No. 16-44
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.
i
MINING PERMIT EXPIRATION MATE: January 6. 2014

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.
Modifications
November 15, 2011: This permit has been transferred in its entirety from Superior Landworks,
Inc. to Otway Sand Mine, Inc.
October 10, 2012: This permit has been modified to increase the permitted acreage to 33.70
acres and the affected acreage at this site to 27,29 acres as indicated on the mine map dated
July 18, 2012. The modification includes the addition of approximately 13.52 acres to the
permit boundary and expansion of the mine excavation in a northeasterly direction.
Expiration Date
This permit shall be effective from the date of its issuance until January 6, 2014.

Page 3
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.
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.

Page4
C. Mining activities shall occur as indicated on the mine map last revised December
9, 2003 and with the stipulation that a minimum four foot high wire fence with a'
top strand of barbed wire be installed as needed along the northwest side of the
mine within the 25 foot unexcavated buffer and a minimum 30 foot wide
unexcavated section shall be left near midway across the pit area.
D. Mining activities shall occur in such a manner as to maintain a minimum three
horizontal to one vertical or flatter slope along all perimeter pit slopes. For
reclamation purposes, a four horizontal to one vertical slope must extend from
the top edge of the pit to a point where four foot of water exist and then from that
point to the bottom of the pit, a minimum two horizontal to one vertical slope
provided.
E. Permanent groundcover must be provided on the northwestern mine slope and
associated restored buffer as soon as practicable, but no later than two growing
seasons from November 15, 2011.
F. Expansion of mining activities shall occur as indicated on the mine map dated
July 18, 2012 and the supplemental information received by the Land Quality
Section on May 18, 2012 and July 24, 2012,
5. All permit boundaries (33.70 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.
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. A. Existing vegetation or vegetated earthen berms shall be maintained between the
mine and public thoroughfares whenever practical to screen the operation from
the public.
B. A minimum four foot high wire fence with a top strand of barbed wire shall be
installed as needed within the 25 foot unexcavated buffer along the northwest
side of the mine.
9. A. Sufficient buffer shall be maintained between any excavation and any mining
permit boundary to protect adjacent property.
B. Buffers shall be maintained as indicated on the mine map dated July 18, 2012,

Page 5
1 a. 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.
11. An Annual Reclamation Report small 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 erosiontsediment 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. .
i
1

Page 6 '
13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $12,200.00
Assignment of Savings Account and a $14,200.00 Assignment of Savings Account
(totaling $26,400,00), 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 N. 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 7
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 8
B. The side slopes to the lake excavation shall be graded to a 4 horizontal to 1
vertical or flatter to a point where four foot of water exists and a minimum 2
horizontal to 1 vertical or flatter from this point to the bottom of the pit.
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 Seeding
Schedule listed on the mine map dated August 3, 2003 and approved by Mr. Ronald D.
Culliper, PE, of Stroud Engineering, PA.
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.
This permit, issued January 6, 2004 to Superior Landworks, Inc. and transferred to
Otway Sand Mine, Inc. November 15, 2011, is hereby modified this 10t" day of October,
2012 pursuant to G.S. 74-52.
By:
Tracey E. Davis, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

NOTICE OF ISSUANCE OF
MINING PERMIT
-- - - - _ You have previously expressed an interest and/or are-listed as an adjoining landowner
in the application to modify this mining permit filed by Otway Sand Mine, Inc. to conduct
mining activities off SR 1327 (Amos Gillikin Road) in Carteret County. The mining permit (no.
16-44) was modified on October 10, 2012.
North Carolina law allows persons aggrieved by the issuance of a mining permit to
contest the decision by filing a petition for a contested case in the Office of Administrative
Hearings pursuant to N.C.G.S. 150E-23 of the Administrative Procedure Act (APA).
If you believe that you are an aggrieved party within the meaning of the APA and NC
General Statute 74-61, a petition for a contested case must be filed in the Office of
Administrative Hearings within thirty (30) days of the mailing of this notice to you.
If you file a contested case petition, it must be in writing and in the form prescribed by
N.C. General Statutes 150B-23. File the original petition and one copy with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.
Any questions about filing a petition may be directed to the Clerk of the Office of
Administrative Hearings by telephoning [phone].
You must serve the Department of Environment and Natural Resources by mailing
a copy of the petition to Mr. William Cary, Registered Agent and General Counsel,
Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC
27699-1601.
fN�
Tr1cy E. gAls
Director
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environment and
Natural Resources
This notice was mailed on Id /V / -4 .
Brenda Harris
Mining Program Secretary

October 11, 2012
MEMORANDUM
TO: File
4&;:;�
FROM: Brenda M. Harris, Secretary
SUBJECT: Notice of Issuance of Mining Permit
A copy of the attached "Notice of Issuance of Mining Permit' was sent to all
people listed in the Affidavit of Notification and any additional people who sent in letters.
If a public hearing was held, a copy of the "Notice of Issuance of Mining Permit' was
sent to all people who signed the sign in sheet at the public hearing. My initials, written
in red, will be beside the names of the people in the file who were sent this "Notice".
Cc: Mr. Dan Sams

■ Compete Hems 1, a.A Cplete n sww
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(MR'LEE TRIPP
OTWAY SAND MINE INC
108 PARTRIDGE DRIVE
NEWBERN NC 28582
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IJNfrEe STATES I1. rSF�eAj 1_.. T4f
3 '�fOjldd3 '�l�- `• Pertntl No
.11
27 AUG 2012 PM "l L 6
° Sender: Please print your name, address, an
NORTH CAROLINA DEPARTMENT OF AUG 2.9 1012
ENVIRONMENT&NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LiNMNEWSEC7 ION
LAND QUALITY SECTION
1612 MAIL SERVICE CENTER
RALEIGH NC 27699-1612
17aoaa01
I� I�iLLlI„LL,Li..„ Ilfl;,.,.11.,l,ll;L.LL.I,L.I

• ©�� 1
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, CPM Bevedy Eaves Perdue,Governor
Director August 21, 2012 Dee Freeman,Secretary
Certified Mail
Return Receipt Requested
7008 1300 0000 1125 8822
Mr. Lee Tripp
Otway Sand Mine, Inc.
108 Partridge Drive New Bern, North Carolina 28562
RE: Otway Sand Mine
Permit No. 16-44
Carteret County
White Oak River Basin
Dear Mr. Tripp:
The review has been completed on the modification request your company
submitted for the referenced mine site. However, the following is needed to continue
processing your application:
The reclamation bond was calculated for this site using the information submitted on the
mine map dated July 18, 2012. The reclamation bond for this site has been calculated to be
$26,400.00. The calculation worksheet is enclosed for your review and the bond or balance
($14,200.00) will be required prior to approval of this modification.
For your convenience, I have enclosed a bond form, an assignment of a savings
account form and irrevocable standby letter of credit form for your use in securing the required
bond. The name on the security must be the same as the name appearing on the application
for a mining permit, i.e., Otway Sand Mine, Inc. In addition to one of these alternatives, you
may, upon request, substitute a cash deposit.
Please be advised that the modification request cannot be completed until the new bond
amount has been received.
As required by G.S. 74-51 (h), you are hereby advised that you have 60 days from the
date of your receipt of this letter to submit.the reclamation bond. 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 cannot be met and request that an extension of
time be granted.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612•Telephone [phone] FAX'. 919.733-2678 +.5�
512 North Salisbury Street, Raleigh,North Carolina 27604•Internal:htlorraorlal.nodencorgimbArlland.ggft
An Equal Opportunity\Alfirmauve Action Employer-50°% Recycled 110% Post Consumer Paper
t �

CERTIFIED_MAIL
Mr. Tripp
Page Two
In order to complete the processing of your modification request, please forward the
bond to my attention at the following address:
Land Quality Section
Division of Energy, Mineral and Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Please contact me at [phone] if you have any questions.
Sincerely,
\ S I
Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section
Enclosures: Bond Forms
Bond Calculation Worksheet f
cc: Mr. Dan Sams, PE
Mr, Ed Warren, 1178 Corey Drive, Williamston, NC 27892

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 a acted acre)for each permitted mine site based upon the acreage approved
by the De an to be a acted during the life of the mining permit. Please insert the approximate
acreage (or each aspect o the miningoperation that you intend to affect durine the life of this mining
permit in addition please insert the appropriate reclamation cost/acre for each Cate zory from the
Schedule of Reclamation Costs prov/ded with t is 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/SedimentPonds: •Os Ac. X $ UZ /Ac. _ $— p)°O
Stockpiles: /* & Ac, X $ IaO) i/Ac. _ $ �3 �
wastcpilea' �1-4kog11c� Ja Ac. X $ )&0Q .Ac. _ $
eu
Processing Area/Haul Roads: ,9a Ac. X $ Ac. _ $
Mine Excavation: 30.7 Ac. X $ S tJ`)�'�"lAc. _ $ 0,3 $O uu
Other: JG, 13 Ac. X $ �.yu Ac. _ $ 95�3 y
TOTAL AFFECTED AC.: A 7.919 Ac.
(TOTAL PERMITTED AC.: 33,70 Ac.)
Temporary & Permanent Sedimentation & Erasion 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 �. ^a 1^ Ac.
b) Positive Drainage Ac. X $1,500,00 - $
SUBTOTAL COST: $ d3,ID3000
Inflation Factor:
0.02 X SUBTOTAL COST: $ AA.03rj e�X Permit Life(1 to 10 years): /0
INFLATION COST: $ 0404
TOTAL COST = SUBTOTAL COST+ INFLATION COST = $ oZ(s t/36 o0
Total Reclamation Bond Cost: S
(round down to the nearest $100.00)
koD Ot
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o" 54VV( �,n,cAc
E. DETERMINATION OF AFFECTED ACREAGE AND BOND {
The jallowingg bond calculation worksheet is to be used to establish an appropriate bond (based upon a
range of$300 to $S,000 per a ected acre)for each permitted mine site based upon the acreage approved
by the De rtment to be a ected during the life of the mining permit. Please insert the approximate
acreage. or each aspect o the minim operation. that von intend affect durine the life of this i
permit (in addition. please insert the appropriate reclamation cosdacre for each category from the
Schedule of Reclamation Costs provided with t is application form) OR vau 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: •06 Ac. X $ .400p1 /Ac. _ $�*06
Stockpiles: Is it Ac. X $ /£300°'/Ac.
Weatepeke .#a Ac. X $ / OO/Ac. _ $ to
eo
Processing Area/Haul Roads: a Ac. X $ �5000o/Ac. _ $ /lOSb
Mine Excavation: 410NO Ac. X $ ��p��,'��
Other: �. I.� Ac. X $ �.ri�Ac. _ - $
TOTAL AFFECTED AC.: i9e/.A9 Ac.
(TOTAL PERMITTED AC.: -M70 Ac.)
Temoorary & 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 a7, Rq Ac.
b) Positive Drainage Ac. X $1,500.00 = $
SUBTOTAL COST: S Q01103000
Inflation Factor:
a
0.02 X SUBTOTAL COST: $ aa,03b° X Permit Life (1 to 10 years): /0
INFLATION COST: $ #14106 00
TOTAL COST = SUBTOTAL COST + INFLATION COST = S a16 tirlta ov
Total Reclamation Bond Cost: $ nZ/e, H�Udu
(round down to the nearest $]00.00)
I
111
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LAND QUALITY SECTION
Budget Ni 2ml
Dale Rec,d: 7 11/9/2011
Operator: jUrWAY SAND MINE INC
Type Security: JASA
Sorrily Number: 10005109180191
Bank: IM T
City: INEW BERN
Debi: 812,200.00
Credit:
Date Released:
Perrot No#: I649
Comments:
Received by:
Date:
Released by:
Dale:

A41NWG CIMMIST FOR ROUTING
AyyhradeNaeu: /� r r ;J�, IPN�Ld
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❑ Pond Re6:ae ❑ Adddttmwl DOM44 M ❑ Fa Needed: R ❑ Fa RMIWk $
Plan rate eem 9phmum Padu)gr ter:
❑ Regfaeal OJW (z taalam 9UP adath the'teg Road Dfla M "d A71Icem ReMN
CkaW to ou c"and adath 6eth&DWyad DA4 M"A#fc&m REAM Farr to the dha ter)); and bath MYW m tht Rr#a
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Date: Rated aV Rerd
❑ DWLdan #Water RMKM Daft: Rmw R[fd
❑ NC W6dhfe Raw= COMNdafm D&: Rated Red
❑ us Fldl& wtld6 servtre Date: Rand Rend
(Ddy a"gydmwlmt ad nxvko lm re"twit add Iad to derew)
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❑ DM90K of Pads& RUM&M Mr.. Radal Rted
❑ NC Gmkgfral Ziiv91[1 section Date: Rand ReCd
❑ DMdoM of Malt¢ FffN W Date: RMd d Rwd
❑ DMam of sod& water Canrmatfan (j6u LEA) Date. RM W Reed
(only w yplk4m and WA*U mn mftz the a to dm yeaw)
❑ DMaaM of AnkM & HWq Date. Rated Rud
(Ddy"n**Aff u)
❑ othm Dade: Rated Rwd
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ID.t„r1
EY top /

Ed Warren
Environmental Consulting and Training
1178 Corey Drive
Williamston,MC 27892
July 23, 2012 RECEIVED
Mrs.Judith A. WehnerUI 4 2012
Assistant State Mining Specialist
LITY
NC DENR-Land Quality Section MININGMININGP PROGRAM
1612 Mail Service Center M
Raleigh,NC 27699-1612
Subject: Response to Additional Information Request dated 6/14/12-Otway Sand Mine, Permit
No. 16-44, Carteret County, White Oak River Basin
Dear Mrs. Wehner:
The following information is submitted on behalf of Otway Sand Mine, Inc., Mr. Lee Tripp,
President, in response to the subject letter. Responses are numbered in reference to the item
numbers in that letter.
1. Copies of the signed return receipts were submitted with cover letter dated 6/26/12.
2. Otway Sand Mine currently has two (2) Thompson Piston pumps with 6 inch suction and 6
inch discharge on site. Each has a capacity of 200 gallons per minute (gpm)on idle speed and
500 gpm at full throttle. One pump intake is located in the currently active pit(Pond#1 on the
enclosed map)of the currently permitted area and is used three to four days per week for on-site
transfer of dewatering from this active pit to Pond #2. The other pump is used one or two days
per week to pump water from Pond#2 to the first in the series of three sediment basins and
ultimately to the discharge point. This pumping scheme is utilized to alternate the pumps and
retain the water on-site as long as possible to allow for recharge of the surficial aquifer and to
minimize the volume of water discharged. Each of the pumps is operated at 300 gpm for a
maximum-time of 5.25 hours per day. Mr. Tripp recently submitted his pumping records for
2010 and 2011 to the Division of Water Resources and received Registration No. CUR0128. Mr.
Tripp plans to use this same pumping scheme when the mining begins in the modified area
except that the on-site transfer pump will transfer water from the then active pit in the modified
area to Pond 42 in the currently permitted area. The pump in Pond #2 will remain in that location
and continue to be used to transfer water to the sediment basins one or two days per week.
The dewatering structures and outlets were originally permitted January 6, 2004 in Permit No.
19A-54 as shown in detail on the mining map submitted by Stroud Engineering dated 12/9/03 for
Superior Landworks Mine. These were existing on the currently permitted site when the permit
was recently transferred from Superior Landworks, Inc. to Otway Sand Mine, Inc. These
structures and outlets are shown in the same detail on the map submitted for this modification.
These structures and outlets will remain in their current location when mining begins in the
modification area and will be utilized as indicated in the pumping scheme above. Plea; note that
[e-mail]
[phone]

� �� 1

the map from Stroud Engineering dated 12/9/03 and the map submitted with this modification
application show a check than detail on the discharge side of each sediment basin. These
structures and outlets have been in operation and Mr. Tripp indicates that he has not experienced
problems with erosion and/or sediment loss associated with these structures and outlets and does
not anticipate any in the future.
3. All of the permit boundaries have been labeled on the enclosed map as `Existing' for those in
the current permit and `Modified' for those in the modified area. A portion of the common
boundary and existing unexcavated buffer between the currently permitted area and the modified
area is shown with a note that it will be eliminated.
All dwellings within 300 feet of the permit boundary are denoted on the enclosed map. There are
no `blue-line' streams within 300 feet of the permit boundary.There is a ditch located 40 feet
east of and across Gillikin Road from the mine entrance. This has been noted on the map as an
unnamed tributary to Gillikin Creek. Please note that the Discharge Point for the dewatering
activities is to the DOT ditch on the west edge of the mine entrance and flows w indicated on the
map to this unnamed tributary.
4. The buffer along the eastern proposed boundary has been changed on the enclosed map to 25
feet undisturbed plus 25 feet unexcavated. The 25 feet undisturbed buffer consists of pine trees,
thick shrubs and bushes and other vegetation. This area will be left as is within the 25 feet
undisturbed buffer and will serve as screening between the Robinson property and mining
activities. Please note that a cut slope detail has been added to the enclosed map to indicate that
the cut slopes adjacent to all unexcavated buffers will be mined at a slope of 3 to 1 maximum.
Also note that an existing earthen berm(with detail)has been added to the map in the southwest
comer of the modified area. It serves to block off an abandoned access to this property.
5. The pumping scheme as indicated in Item #2 above will limit the amount of water that is
pumped from any active pit to less than 100,000 gpd and retain that water on site to allow for
recharge of the surficial aquifer. The pumping scheme will also limit the number of days that
water will be discharged from the site to one or two days per week.
Mining has been ongoing on the currently permitted site since 2004, and there are no known
reports of problems regarding wells in the area It is anticipated that the pumping scheme as
indicated above will continue to protect wells in the area.
If you have questions or require additional information, you may contact me by email or phone
as indicated below. Thank you for you attention to this modification request.
Since,*,/' Jl
GNk�
Ed Warren, Consultant
Cc: fee Tripp
File
edwa"[e-mail]
[phone]

MINE APPLICATION PAGES EDITED TO REFLECT
CHANGES ON MINE MAP DATED 7-18-12 SUBMITTED 7-23-12
IN RESPONSE TO DLQ ADDITIONAL INFORMATION
REQUEST

APPLICATION FOR A MININGRERMIT •
NOTE: All of the following questions must be thoroughly answered regarding your mining operation for
The intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
1. Answer all of the following that apply:
❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the
permit(this is the acreage that "new permit" fee will be based upon):
Of this acreage, how much is owned and how much is leased? Acres owned:
Acres leased: Property owner if leased:
❑ If this is an application for RENEWAL of a mining permit,indicate the mining permit number and
the total (overall)acreage covered y the existing permit: Mining Permit No.:
Total permitted acreage (this is the acreage that the "renewal" fee will be based upon):
® If this is an application for a MODIFICATION to a mining permit, indicate the mining permit
number and the total (overall)acreage covered y the existing permit.
Mining Permit No.: 16-44 Total permitted acreage: 20.18 ac.
Does the modification involve acreage within the previously approved permitted boundary?
Yes ❑ No ®. If Yes, indicate the acreage to be covered by this modification(this is the acreage
that the "major modification" fee will be based upon):
Doe the modification involve acreage outside the previously approved permitted boundary?
YesZ No ❑. If yes, indicate the additional acreage to be covered by this
modification: 13.52 ac. . (NOTE: you must complete all of Section F.of this application form
entitled Notification of Adjoining Landowners).
Of this acreage to be added to the permit,will any portion of this acreage be affected(i.e.:disturbed,
round cover removed) by the mining operation? Yes ® No ❑ (If no,a"minor modification"
e of$100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the
acreage to be affected within the acreage to be added to the permit(the total acreage to be added to
the permit is the acreage that the "major modification" fee will be based upon): 7.11 74S-S-ac
❑ If this is an application for TRANSFER of a mining permit,indicate the mining permit number and
the total (overall)acreage coveredy e existing permit.
Mining Permit No.: To permitted acreage:
SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE
PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED
ABOVE
2. Name of all materials mined: Sand and Gravel
3. Ining method:
Hydraulic Dredge ® Front-end Loader&Truck ® Shovel &Truck
Dragline &Truck Self-loading Scraper
Other(explain): Excavator and Truck
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 Level
b. Expected average depth of mine(feet) 30

PF

APPLICATION FOR A MININGRERMIT •
A table/chart must be provided on the mine mapp that clearly lists the approximate acreage of tailings/sediment
ponds,stockpiles, wastepiles,processing area/haul roads, mine excavation and any other major aspect of the
mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart
similar to the following will be acceptable:
CATEGORY AFFECTED ACREAGE
Tailings/Sediment Ponds 0.08
Stockpiles 0.12
s Temporary Topsoil Stockpiles 1.28
Haul Roads 0.92
1 Mine Excavation 2-1 49 20.76
Other(Explain) Unexcavated Buffer 34-5 4_13
( l'otal Disturbed Acreage 7127.29
S
Other(Explain) Undisturbed Buffer 31176.41
Total Permit Area 33.70
NOTE:
IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITESPECIFIC
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.

•
�.
- • . ' .
•� f .. . '.

APPLICATION FOR A MININARMIT
C. PROTECTION OF NATURAL RESOURCES
l. 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 area to be added under this modification is largely previously cleared land with tree lines along the
northwestern and southeastern borders and scattered areas of small pines and hardwood saplings.
Proposed unexcavated and undisturbed buffers will be staked out and marked. Trees along the
northwestern border of the addition, scattered within the areas to be excavated and interior to the
undisturbed buffer will be cleared and removed. Trees along the southeastern border of the added area
within the proposed undisturbed buffer will not be removed and will serve as a visibility and access
barrier.
Topsoil will be removed from the modification excavation area and stockpiled in the temporary topsoil
stockpile area.Mining will begin in the northwest corner of the modification area and proceed toward the
south and east up to the excavation limits of the modification area.
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 far mine
excavation(s), waste piles, accessfmine roads and process areas), and give a detailed sequence of
installation and schedule for maintenance of the measures. Locate and label all sediment and erosion
control measures on the mine map(s) and provide typical cross-sections/construction details of each
measure. Engineering designs and calculations are required to justify the adequacy of any proposed
measures.
Existing mine entrance with 50 feet minimum length of stone cover will remain as main entrance.
Within the currently permitted area,the 50 feet unexcavated buffer on the southwestem border and the 25
feet unexcavated buffer along the northwestern and northeastern borders will remain as currently
permitted. The 25 feet buffer inside the common border of the currently permitted area and the
modification area will be eliminated except for 635 linear feet beginning at the entrance and extending
northeastward along the western border of the Travis Bartram property line. Buffers within the
modification area will be established as 25 feet unexcavated inside the northeastern permit boundary and
4-425 feet undisturbed and 4-525 feet unexcavated inside the southeastern boundary for 1247 linear feet
beginning at the northeastern corner and running southward. The southwestern part of the modification
area will have an undisturbed buffer 925 feet long and 272 feet wide with an unexcavated buffer 25 feet
wide and 272 feet long on the north border of this undisturbed buffer. Existing sediment settling ponds,
check dams and discharge ditch will be used for treating dewatering from excavations in the modification
area. Existing sediment settling ponds will be relocated toward the southwest in the originally permitted
area as mining advances;however,a minimum of three sediment ponds with design details as indicated on
the map will be present and operable at all times. Clearing and grading within any unexcavated buffers
will be sloped such that all rain water will drain internal to the mine. Areas with completed excavations
will be sloped and seeded as mining advances.
3. a. Will the operation invol washing the material mined, recycling process water, or other waste water
handling? Yes ❑ No . If yes,briefly describe all such processes including any chemicals to be used.
b. Will the operation involve discharging h or wastewater from the mine or plant as a point discharge to
the waters of the State? Yes E] No N. lfyes, briefly describe the nature of the discharge and locate
all proposed discharge points (along with their method of stabilization) on your mine map(s).

APPLICATION FOR A MININARMIT •
b. Provide a cross-section on the mine map(s)for all fill slopes (berms, wastepiles, overburden
disposal areas, etc), clearly indicating the intended side slope gradient, installation of any benches
and/or slope drains (with supporting design information) if needed, and the method of final
stabilization.
See map for cross-section for all fill slopes.
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).
An le on all cut slopes in excavated areas adjacent to buffers shall be 3:1_above the mean high.,,ater-
d. In hardrock excavations,specify proposed bench widths and heights in feet. Provide cross-sections
of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and
mine benches, and the expected maximum depth of the excavation.
No hardrock excavations are proposed or anticipated.
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.
The proposed buffers in conjunction with the proposed slope cuts will provide adequate protection to prevent
physical hazards to dwellings, roads and buildings in the area.
S. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area
and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder
barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each
type of barricade to be used must be indicated on the mine map(s).
No high wall areas are proposed or planned.The entrance to the mine site off of Gillikin Rd.has a gate with
lock to be used when the mine is not occupied.

■ Can4lele Hems t,2,and 3.Alm complete X
Hem AH Restricted n Delivery Isnther.
■ Print your name end ache canon the reverse Atleres�w
m that we return the
ack o myou. py1 pw
• Attach this card to space
back of Me mailPiece, d n
or on Me frwd H space ParmHs.
o. l,em«~dws yscaermm Ha% ty ores
t. Adkk oeare�,.e m: HVEs..m«awlray.oeress eerow: ❑ Ho
MR LEE TRIP
OTWAY SAND MINE INC Erff:�:
108 PARTRIDGE DRIVE Mwl [ ws Mwi
NEW BERN NC 28562 tl laswm gemipre°.msRnsaeisa
wi C.O.D.
a. R.,etc>aa owmxp lFifFaN ❑vee
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(Imruernwnaavkeami
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UNITED STATES POSTAL SERVICE ggg. all
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Sender: Plase print your name, address;"enndd 21PZnI4 box'`
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6 &RTH CAROLINA DEPARTMENT OF
E IRONMENT & NATURAL RESOURCES
ro
DIVISION OF LAND RESOURCES
7 " _ � LAND DUALITY SECTION
f1 1612 MAIL SERVICE CENTER
�y 0 RALEIGH NC 27699-1612
6zL. g 1740-7401
Fri r,ddn,.;rd6do6;r,r, ,„u,n,,,„rr.ddr.r, Lr.ddnr

• A W •
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
July 23, 2012
Certified Mail
Return Receipt Rea ucL ested
7010 1870 0001 3321 0448
Mr. Lee Tripp
Otway Sand Mine, Inc.
108 Partridge Drive
New Bern, North Carolina 28562
RE: Otway Sand Mine
Permit No. 16-44
Carteret County
White Oak River Basin
Dear Mr. Tripp.
We have reviewed the modification request your company submitted for the referenced
mine site. However, the following information is needed to continue processing your
application:
1. AS previously requested, provide more information on the dewatering activities.
Provide the make/model of the pump used, pump capacity, hours of operation,
dewatering structures/outlets, pump locations, etc. Provide construction details
for the outlets and erosion control for said outlets.
3. As previously requested, clearly label all of the permit boundaries, required 50
foot undisturbed buffers, required 25 foot unexcavated buffers, all dwellings and
streams within 300 feet of the permit boundary and required fence along the
northwestern boundary, In addition, clearly indicate the current permit boundary
and proposed boundaries on the mine map.
4. As previously stated, screening will be required along the eastern proposed
boundary. A 10 foot buffer is not adequate to mine to a depth of 30 feet. i
Increase the buffer and provide a screening method along the Robinson
property.
1612 Mail Service Center, Raleigh,North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street, Raleigh, North Carolina,27604-Internet:http://www.dir.enr.state.ne,uslpagesAandqualitysection.html
An Equal Opportunity!Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

� n
Certified Mail
Mr. Tripp
Page Two
5. As previously requested; please provide information on how your company
intends to protect any existing or future private wells in the area while mining to a
30 foot depth.
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 modification request, 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 5B.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 Departments
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.
Si cerely, ,/P L
udith A. Wehner
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Dan Sams, PE
Mr. Ed Warren, 1178 Corey Drive, Williamston, NC 27892

MINING CHECKLISTCHECKLIST FOR ROUTING
A�h4CS Name: 04 d! d v �/ Pro)[ff NSA¢:
�. Ayybe.1Pmmd NO.: 16-qi4 Cmudy: Dade RLKIlIvo1'-
Re"MC)k �Qf� RtW SadR Na ; OLD 64 f II
❑ New O RIM d ❑ (6ld4kymnd 6 m")
m4mfine (Rblkrw t buwdarlr,) ❑ T mu r - C Rde"
❑ roa R16V ❑ Add UPW Iaf M&N ❑ Fa Nadel: $ ❑ Fa Radvrd: 6
rkA mt[odM ke&" M*W to-
RLBbMI (a [m�ldtq�mmfla; dta[h tAe"[Q@ w�tmul O�Ix.Wgne A/yllndlon xMsi°
Cka}kC b Em'[ely gle{ m[k INII Ike DWlLgnd DAQ�MINI�Y'Yl""""'AMn Fief(a Gt AM m�m��91F [O�ItS lu f�[Rt�ewl
Eww)
Dde: RWW d
❑ Dtvtaa of waM RCSOIerW Dde: Raf<d Rud
❑ NC wlld Raarea cnmtw n Dde: Raw Ra'd
❑ us Fisk A wdkfe savw DdP. Rafdl Rend
(only F1 T trdlae mid K dffleadee rzygeae tkd a Imes to deymm)
F6¢ mu*3►W O/du A"kwUmt ad ay l mum W&.
❑ DfVWm Of PmIK k Remxatta Dam: Rand Reid
❑ NC GWhef al S6D'1 SeNa Dam: RMed Rend
❑ Dfoift/ Mew Fde6ta Dde: Raw Reid
❑ Dtmda f sell a water eonrnvdmn (16u LEA) Dda Ratd Rend
fang a gnllat m dW mod�ksd n mpw&6W gdd lad to Ike yamW
❑ DWSW of Arek W s Hi" Dam: RMd Rend
(oag gem ayyktama)
' =+t ❑ Dt6w
G $.: Dam: Rated Rend
•1•, . ••susyew Date far Comffeds: (w Ida tka is&P frmR rryt)
❑ Fkase wm tka fo&": . —�`

• ED WARREN •
ENVIRONMENTAL CONSULTING AND TRAINING
1178 Corey Drive
Williamston,NC 27892
June 26,2012
Mrs. Judith A. Wehner
Assistant State Mining Specialist
NC DENR-Land Quality Section
1612 Mail Service Center
Raleigh,NC 27699-1612
SUBJECT: Modification Application-Otway Sand Mine, Permit No. 16-44, Carteret Co.
Adjoining Landowner Notification Return Receipts
Bear Mrs. Wehner:
Copies of the return receipts for the adjoining landowners and the County Manager
notifications are enclosed for the subject modification application.
The notification for Mr. Travis Bartram was not picked up by the landowner. 1 have
enclosed a copy of the envelope as it was returned to me and a copy of his record
information as listed on the Carteret County records as }goof that a reasonable effort to
notify the landowner was attempted. After it was returned, I searched the Carteret County
tax records further to find an alternative address for Mr. Bartram, but was unable to
locate such.
If you have questions or need additional information, please contact me. Also, please
copy me on correspondence to Mr. Tripp related to this modification request.
Sincerely, RECEIVED
JUN G 01, 2012
Ed Warren, Consultant LANO QUALITY SECTION
Cc: Lee Tripp
File
[e-mail]
[phone]

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_ , I

Wehner, Judy
From: Willis, Linda
Sent: Friday, June 15, 2012 3:57 PM
To: Bennett Bradley; Wehner, Judy; Rodgers, Ashley
Cc: Conway, Jean; Hammers, Karl; Mills, Nick
Subject: Ottway and Camp Lejeune borrow pit tOA
Attachments: otlway 2012.pdf, cl by IOA june 2012.pdf
FYI
Linda
1

Print this lam+to POF Return 01 this form to DLR CO by emell cc OL R RO.DWQ S. Send o copy to 0e Perri,Bee.
MINING PERMIT APPLICATION REVIEW FORM
for the
DIVISION OF WATER QUALITY
HIS SECTION TO BE FILLED OUT BY DLR:
Project Name: Otwav Sand Mine DLR Permit#:16-44_County: Carteret Applicant's Email:
edwarren(dsuddenlink.net
Applicant's Malting Address: 108 Patridne Dr.. New Bern, NC 27882 Mine Physical Addreas:�gl
jLo Date Commenclnn
Is this mine a new mine? .r,t n t 2004
Have land disturbing activities
started? Date? F i r 1 2004
Latitude: 34,7765 Longitude: -785536
Please return comments to(at DLR CO):Judy Wishner
Comments due by: OLL2ag
SECTION BELOW TO BE FILLED OUT BY DWQ:
Is the RO concerned that the operation, as proposed, would violate standards of water quality?-yffi
Comments: Has potential to imoadt creek if not adeeuately treated onslle.
Watershed/Stream Name & Classification: GIIllklin Creek SA:HQW
DWQ Compliance Status of Mine: Compliant
Does this mine (or previous owner) have DWO beck fees to pay? Yes If yes, amount: $100.00
Is this mine an active permit In RIMS? NCG020628
Y€$ +D
MN
NPDES permit existing? f?I i (Permit#NCG020528
4t ,
r N
Should permittee contact DWQ RO
Immediately? (e.g. to schedule a site visit If C i RO Contact Name:_ rol IDWO site visit conducted
mine has already begun digging or Is Contact Reason: _ e/13112
dowatering without DWQ permit)
401 Wetland Cart. existing? n r Permit#_ r
❑ 1 ni °
Ra,san1amh.,��,,,

Does DWQ RO suspect or know of nearby
wetlands to the alto?
rat
1 :Does DWQ RO need a statement that no
wotiandsistreams am disturbed
for this project from applicant?
k� � �e4f o�'2i5�iidl+9Fal�k+iLr 61.10 .. . 1 1 u
p 'M a i
ff
Now Recycle System permit required?*
Enough information to determine?
Does this applicant need to contact the
regional of Central DWO Office to
determine If a State Stonnwater Permit Is
Will wastewaters discharge to HOW waters
r i.' • ri d Ir n T 9 0.a a , s � ' �
r Al
mF kI7#1
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.11 :4• . . \ur "4I'Ir: lr ,lV far . , 1':1 . :p `I(

•
Pant this form to POF Retum POF of this farm to DtR GO by email cc DLR RO,DWQ SPU. Send a copy to the permittee.
' I
fmm the AquiferProt-cSon Section IAPJ,,OR mawinstead bepennitfed under 1VCG020000 to eliminate an addWonal permit Recycle_
srshems that rho not meet those c6teds are considered drscharuinQ systems.and arm SuJect to the NCG020000 drscharog pemtif_
"To obtain 7010 Rows,penngees must contact the OWQ S[onnwater PennjWm Unit. ff DWQ does not have a flow esfimate for a
specific stream,permittees will be asked to obtain one. Permittees should contact J_ Curtis Weaver at the USGS:919-S/1-4043,for
more iniorm Pion on obtaining a 7010 flow_ USGS will not determine a 7Q70 flow for trdalfy influenced water tlodres.
!f theme fs not erouoh information to arve a complete answer, write in the§gace Qravided what yqu will need to answer ttris auestien
comnfetely. 1f you MUt:re OLP to hold the permit until Turf mr notice,indicate that in the Question below.
Reviewed b : Jean Conway^ _ T
DWQ RO Surface Water Regional Office:WiRO Date: 6114112 at_p&A-rz � o
RO Aquifer Protection Section. Regional Office: Date:
SPU DWO Central Office Reviewer (if applicable):

Log In
DPR/RRS Mining Permit Application Review
RRS Contact: '�')') a eel
Name of project: �4-f"�`l�].,.k'
County: ( _'e:4ea ..
Proposed activity is v1 is not within 5 miles of a public park or recreation area.
If yes, identify the park: 4154SiMW Pfig/C
Manager/agency name: C2i/57A-i COAST G ✓/C CrE, oA. e'
(contact name): 7)0)9 PURIFOY Die&acnj
(phone; fax): (4S�j a?V — 363
(e-mail): .. i fV P,, P1.2)Fay @ C92> TGrouNT/ko(V�,��,
Review conducted by: ,Gl1 V. Date:
PLEASE RETURN APPLIC1ATIO" MATERIALS WITH YOUR REVIEW MMENTS.
YOU CAN ALSO E-MAIL YOUR COMMENTS TO:
adrienne.eikinasQncdenr.Eov
Return form and materials to:
Adrienne Eikinas
DENR/Division of Parks & Recreation
1615 MSC
Raleigh; NC 27699-1615 Dere�"f�
i`L,-UyVrG15�d1flL11
LANDOR�GFAM
MINING P

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Beverly Eaves Perdue,Governor
Director and State Geologist Dee Freeman,Secretary
May 21, 2012
MEMORANDUM RECEIVED
TO: Mr, Lewis Ledford, Director JUw 15 2012
Division of Parks and Recreation
FROM: Brenda M. Harris LAND QUALITY
Mining Program Sdaetary MINING PROGRAM
Land Quality Section
SUBJECT: Mining Permit Modification for Otway Sand Mine, Inc.
Otway Sand Mine
Carteret County
Please find attached for your review a copy of the mining permit renewal 1 modification
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 June 12, 2012 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 (919) 707-
9224 if you have any questions.
Ibmh
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-9220 I FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

• 4 •
GPAA
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
June 14, 2012
Certified Mail
Return Receipt Requested
7010 1870 0001 3321 1070
Mr. Lee Tripp
Otway Sand Mine, Inc.
108 Partridge Drive
New Bern, North Carolina 28562
RE: Otway Sand Mine
Permit No. 16-44
Carteret County
White Oak River Basin
Dear Mr. Tripp:
We have reviewed the modification request 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 county manager and adjoining landowners have been properly notified.
2. Provide more information on the dewatering activities. Provide the make/model
of the pump used, pump capacity, hours of operation, dewatering
structures/outlets, pump locations, etc. Provide construction details for the outlets
and erosion control for said outlets.
3. Clearly label all of the permit boundaries, required 5o foot undisturbed buffers,
required 25 foot unexcavated buffers, all dwellings and streams within 300 feet of
the permit boundary and required fence along the northwestern boundary, In
addition, clearly indicate the current permit boundary and proposed boundaries
on the mine map.
4. Screening will be required along the eastern proposed boundary. A 10 foot
buffer is not adequate to mine to a depth of 30 feet. Increase the buffer and
provide a screening method along the Robinson property.
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/pagesllandqualityseclion.html
An Equal Opportunity 1 Affirmative Action Employer W 50%Recycled/10%Post Consumer Paper

Certified Mail
Mr. Tripp
Page Two
5. Please provide information on how your company intends to protect any existing
or future private wells in the area while mining to a 30 foot depth.
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 modification request, 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 5B.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,
J ith A`Wehner
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Dan Sams, PE
Mr. Ed Warren, 1178 Corey Drive, Williamston, NC 27892

w
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
June 14, 2012
Ms. Veronica G. Gillikin
157 Josephine Lane
Beaufort, North Carolina 28512
Dear Ms. Gillikin:
Thank you for your letter dated May 31, 2012 expressing your concems regarding the
Otway Sand Mine in Carteret County.
Your concerns certainly deserve evaluation. Before a decision is made to grant or deny
the mining permit, concerns within the jurisdiction of NCGS 74-51 of The Mining Act of 1971
(copy attached) must be addressed. During the application review, site inspections will be
made and comments will be solicited from other agencies regarding the potential impacts to
wildlife, air and water quality and groundwater.
Please note, however, that zoning concerns, such as truck traffic, noise and property
values, are not within the jurisdiction of The Mining Act and are more appropriately addressed
through the local government. The Mining Act of 1971 may be downloaded by going to
http://www.dlr.enr.state.nc.us/pages/mininqproqram.html,
Again, thank you for your letter. Your comments will be incorporated into our review. If
you have any additional questions, please contact me at [phone].
qJohith
Siincere ///�{���/r A. � n ro"�O
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Dan Sams, PE w/copy of Ms. Gillikin's letter
1612 Mail Service Center,Raleigh,North Carolina 27699.1612 • Telephone [phone] FAX:[phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604•Intemet:hltpaly .dlrenr.stale.nc.uslpagesnmdqualitysection.himl
An Equal OppoduNry IAffirmativeAction Employer-50%Recycled 110%Post Consumer Paper

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NOTICE
Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971, Notice is hereby given that
Otwav Sand Mine has applied on May 16, 2012
(Applicant Name) _ (Date)
to the Land Quality Section, Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for(check one):
❑a new surface mining permit,
®a modification of an existing surface mining permit to add land to the permitted area; or
❑a modification of an existing surface mining permit to add land to the permitted area with no
distur anc� ein the area proposed Please note that future modification(s) may be submitted by the
applicant to allow disturbance within this area without re-notification of adjoining landowners.
The applicant proposes to mine Sand and Gravel on 13.52 acres located 10
%eml,Ore) (Number) (Miles)
northeast of Beaufort off/near road Amos Gillikin Rd.
(Direction) (Nearest Town) (Number/Name)
in Carteret County.
"SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS"
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the
Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the
mimn� permit boon ; 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 of&car of
the countyty or municipality in which any par[ of the permitted area is located. Any person may file written
crommont(a) to the Deparlmeat et the above address wntlun thirty {30) days of the issuance of this Notice or the
filing of the application for a permit, whichever is later Should the DeQartment determine that a significant
public in
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 mat the appropriate regional office. For information ardin the
s eeifics of h ed minht a tivi 1 co ct a licant at afollowingone number:
or information on a mmm ppeermit application review process, pp ease contact
e mmg gram stairat ]9) 733-4574. Please note that D Pp ant will consider le written
comments/dceumentation within the provisions o the Mining Act o 1971 throughout the application review
process until a final decision is made on the application.
Veronica G. Gillikin
l57 Josephine Ln. Beaufort. NC 28516 Otwav Sand Mine Inc.. Lee Tripp. President
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) & Company Name, if Applicable)
SL 8/2012 108 Partridge Dr..New Bem, NC 28562
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record) _

NOTICE
Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that
Otwav Sand Mine has applied on May 16, 2012
Applicant Name) (Date)
to the Land Quality Scction, Division of Land Resources, North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612, for(check one):
❑a new surface mining permit,
®a modification of an existing surface mining permit to add land to the permitted area; or
Pe mo ifi tion of an existing surface mining permit to add land to the permitted area with no
bance m the area proposed. Please note that future modification(s) mar be submitted by the
applicant to allow disturbance within this area without tanotification of adjoining landowners.
The applicant proposes to mine Sand and Gravel on 13.52 acres located 10
(Mineral, Ore) (Number) (Miles)
northeast of Beaufort off/near road Amos Gillikin Rd.
(Direction) (Nearest Town) (Number/Name)
in Carteret County.
"SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the
Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the
mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of
the mine tract, all owners of record of tracts adjoining these tracts most be notified(that are within 1,000 feet of
the mining pemut boundary). In addition, the mine operator must also notify the chief admutistmtive officer of
the counttyy or municipality in which any par of the permitted area is located. Any person may file written
comments) to the Department et the above address vnthim thirty ((30) days of the issuance of this Notice or the
filing of the application for a permit, whichever is later. ShoWd the Department determine that a significant
public interest exists relative to G.S. 74-5 1, a public hearing will be held wrthin 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. Fo Mot ardin e
s ecBl of he ro mining activity, 1 rn s Bean o tee one num r•
For information on me muung pemut app matron review process, please contact
e tmng rogram sta at 19) 733-4574. Please note that the Department will consider q relevant written
comments/dc�um }ao� 'n a provisions of the Mint— ne.Act 1971 throughout a enn tcauon renew
process untila final decision is made on the application.
Veronica G. Gillikin
157 Josenhine Ln. Beaufort, NC 28516 Otwav Sgnd Mine Inc.. Lee Trino. President
(Addressee70wnerofReco 's (Name off App icant: Inciu a Contact Person
Name and Address) & Company Name, if Applicable)
5/18Y1012 108 Partridge Dr.. New Bern. NC 28562
(Date of Issuance of this Notice/ (Address 0 pplicant)
Mailed to Addressee/Owner of Record)

APPLICATION FOR A MINING P�T
Otway Sand Mine Adjoining Lando sList 40 V
1 Otway Sand Mine, Inc. (Currently Permitted Mine)
2 Otway Sand Mine, Inc. (Proposed Permit Modification/Mine Addition)
3 Otway Sand Mine, Inc. (Out Parcel-Not In Current Or Proposed Mine)
4 NC Coastal Federation 3609 Highway 24,Newport,NC 28570
5 James A. Robinson 241 Amos Gillikin Rd., Beaufort, NC 28516
6 (same as#5)
7 Veronica G. Gillikin 157 Josephine Lane, Beaufort,NC 28516
8 Travis Bartrain 109 Goose Bay Dr., Beaufort, NC 28516
9 Alfred C. Gillikin 192 Amos Gillikin Rd., Beaufort,NC 28516
10 Willie C. Rose 172 Amos Gillikin Rd., Beaufort,NC 28516
11 David W. Rose 170 Amos Gillikin Rd., Beaufort, NC 28516
12 Anita & William G.Kimball PO Box 40, Harkers Island, NC 28531
13 (same as#12)
14 (same as#12)
15 (same as #12)
16 (same as#12)
OTHER
Russell Overman, County Manager 302 Courthouse Square
Beaufort,NC 28516
(SEE ATTACHED MAP)
-21 -

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RECEIVED
LAND QUALITY
MINING PROGRAM

Wehner, Judy
From: Mills, Nick
Sent: Thursday, June 14, 2012 10:21 AM
To: Wehner, Judy
Subject: Ottway Sand Mine 16-44 Modification Review
Attachments: Mining Application Review 6-12-2012.doc
Ottway Sand Mine Comments
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.
z "
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Mining Application Review Checklist
Application Permit#: I6"44
Action: r New ry Modification r Renewal r Transfer f Release
Applicant Name: I Ottwav Sand Mine Inc.
Mine Name: Ottwav Sand Mine
County: Carteret
Administrative Issues:
A. Is site currently under NOV? r Yes r NO
Explain:
B. Is site under CAMA jurisdiction? r Yes r No
Explain:
Field Issues:
A. Are potential wetlands and watercourses properly indicated on the Mine
Map ?
F0 Yes r No
Note there is a jurisdictional strean✓watercourse access the
R.O.W(Amos Gilliken) that settling hasins discharge into.
Explain:
What is the approximate distance to the closest potential wetland and/or
waterway?
Approximately 250 feet across Amos Gilliken Road.

• •
B. Are the proposed buffer zones adequate? r Yes r No Explain:_
On the Northeast boundary line of the increased buffer zone of 25 feet undisturbed
and 25 feet unexcavated is recommended due to the adjacent dwelling. Screening is
also recommended on the Northeast boundary line.
k" �S*C4,4Tf 1
C. Do all occupied dwellings with 300 feet of the mine excavation appear to be
indicated ? f— Yes P" No Explain:
There are dwellings on adjacent properties within 300 feet.
D. Do all water supply wells within 500 feet of the mine excavation appear to be
indicated? r Yes f" No Explain
E. Is visual screening needed? r Yes 1"` No Explain:
Visual screening is recommended on the northeast boundary line.
F. Are the proposed erosion and sedimentation control measures properly
located to prevent offsite sediment? r Yes r No Explain:

G. Are the proposed revegetation reclamation plan acceptable?
r Yes f— No Explain:
Date Inspected_1 6-12-2012
Erosion and Sediment Control Plan Review:
It is the responsibility of the Regional Office staff to verify the adequacy of the E&S
measures. Please provide any concerns or comments.
Other Comments:
Existing vegeatative screening in the northeast buffer zone may be adequate as long as
it is not removed from the buffer zone. Applicant should take all reasonable efforts to
screen the mine operation from the adjacent dwelling on the northeast boundary. Please
refer to DWQ comments concerning dewatering methods.
Inspector/Reviewer's Name I Nicholas Mills Date: 1 6-12-2012
Regional Engineers Name Date:

Wehner, Judy
From: Harris, Brenda M
Sent: Tuesday, June 12, 2012 11:21 AM
To: Boyer, Janet:Wehner, Judy; Rodgers, Ashley
Subject: FW: Otway Sand Mine Carteret Cc
Attachments: MEMORANDUM.docxotwaysandminecarteretco.docx
From: Bowden, Charles
Sent:Tuesday, June 12, 2012 10:55 AM
To: Harris, Brenda M
Subject: Otway Sand Mine Carteret Co
1
IJ

� w
Stove Troxter North Carolina Department of Agriculture Patriclo N. Harris
CominiaMoner and Consumer Services Director
Division of Soil and Water Conservation
To: Brenda M. Harris,
Mining Program Secretary
Land Quality Sectionbv
From: Charles Bowden
Application Review Coordinator
Division of Soil and Water
Date: June 12,2012
Subject: Mining Permit Modification for Otway Sand Mine, Inc.
Otway Sand Mine
Carteret County
NC Division of Soil and Water Conservation reviewed the new mining permit for Otway Sand Mine Inc.
in Carteret County, The Conservation Reserve Enhancement Program (CREP) database does not reflect
said property being enrolled in a conservation easement, Therefore NC CREP has no programmatic
concerns with moving forward with this permit modification request.
Please contact me should you have any questions or concerns at 910-796-7223.
MAILING ADDRESS LOCATION
DNision of Soil and Water Conservation Telephone: [phone] Archdale auiWing
1814 Mail Service Center Fee Number: 919-733-3669 512 N.Salisbury Street,Suite 504
Raleigh, NC 27699-1614 Raleigh, NC 27604
An Equal Opportunity Employer

A8MR D {{AgITATPROTECTION
North Carolina Department of Environment and Natural Resourc
Division of Marine Fisheries
Beverly Eaves Perdue Dr. Louis B. Daniel III Dee Freeman
Governor Director r�
MEMORANDUM LS D
JUN 0 5 2012
TO: Jessi0. Baker DMFHABITATPROTECTtON
Habitat Alteration Permit Reviewer
Division of Marine Fisheries, WiRO
FROM: Anne Deaton, Chief
Habitat Protection Section
Division of Marine Fisheries RECEIVED
SUBJECT: Mining Permit Modification for Otway Sand Mine, Inc. ArA 07 2W
APPLICANT: Otway Sand Mine, Inc.
Lpryp OUALItY
PROJ. LOCATION: Carteret County ArdNIRGPRGGRAM
DUE DATE: June 12, 2012
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
' 1 comments.
SIGNED: Di S Lli
3441 Arendell street, P.O.Box 769,Morehead City,Nodh Carolina 28557 One
Phone:[phone] V FAX:[phone] InanneP.www.ncdmtnel NottthCa+tr'xolina
M Equ9 apPP4unH10HhmNwPLNm ErrybYa �L{tu{!I{L�

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NCDENR MAY 2 4 2012
North Carolina Department of Environment and Natural es urces
Division of Land Resources OMF•HABITATPRG1tCT10N,
Land Quality Section
James D. Simons, P.G., P.E. Beverly Eaves Perdue,Governor
Director and State Geologist Dee Freeman, Secretary
May 21, 2012
MEMORANDUM
TO: Ms. Anne Deaton
Habitat Protection Section
Division of Marine Fisheries
FROM: Brenda r H�
Mining Prog am Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for Otway Sand Mine, Inc.
Otway Sand Mine
Carteret County
Please find attached for your review a copy of the mining permit renewal !modification 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 June 12, 2012 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 modifcations, 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, estuarine, or 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 (919) 707-
9220 if you have any questions.
/bmh
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699.1612 R 919-707.9220/FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 1919-7334574 /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. Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
G- 12.05.23,01 May 21, 2012
MEMORANDUM
RECEIVED 092° '
TO: Ms. Made Tripp ,�N 4 Sr,
Habitat Conservation Program Coordinator UUN 0 6 2012 m Aid 61
_Wildlife Resources Commission � m
w
FROM: Brenda M. Harris LAND gpgLRy �
Mining Program S tary MINING PROGRAM
isc
Land Quality Section
SUBJECT: Mining Permit Modification for Otway Sand Mine, Inc. 68 g anti
Otway Sand Mine
Carteret County .
Please find attached for your review a copy of the mining permit modification 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 June 12, 2012 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 (919) 707-
9220 if you have any questions. ` ' 1
Ibmh IVo
Attachments
cc: Mr. Dan Sams (,-'{ 2D12-
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-707.92201 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733.45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

•r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Beverly Eaves Perdue,Governor Thomas A. Reeder, Director pee Freeman,Secretary
June 4,2012
MEMORANDUM
TO: Ms. Judy Wehner
Land Quality Section
FROM: Gabrielle Cooper.
Ground Water Management Branch
Division of Water Resources RECEIVED
SUBJECT: Comments on the Mining Permit Modification Request for: J�lfi� p 4 01L
Otway Sand Mine, Inc.
Otway Sand Mine SECTION
Carteret County LpNq QUALITY
Please find attached a copy of the mining permit modification request for the above referenced project.
The Otway Sand Mine, Inc. located in Carteret County does not appear to have an unduly adverse effect on
ground water supplies since less than 100,000 gpd ofdewatering is proposed on site. The mine will need to
re ig ster their water withdrawals on an annual basis with DWR since the withdrawals are between 10,000 gpd to
100,000 gpd of water. If this mine starts to withdraw 100,000 gpd or more of water, they will need to obtain a
CCPCUA water withdrawal 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, you may go to the www.newater.org and click on the link for Central Coastal
Plain Capacity Use Area or contact the Division of Water Resources at [phone] or send correspondence
to 1611 Mail Service Center, Raleigh NC 27699-161 I.
1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One
Phone: [phone] FAX: [phone]!Internet: www.ncwater.org NorthCarofiina
An Eguat QppoKun4 1 Affirmative Actim Employer-50%Recycled t 10%Post consumer Paper ;Vaturally

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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. Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
May 21, 2012
MEMORANDUM
TO: Mr. Net Wilson
Habitat Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harris
Mining Program Setretary
Land Quality Section
SUBJECT: Mining Permit Modification for Otway Sand Mine, Inc.
Otway Sand Mine
Carteret County
X Mine Dewatering Proposed ❑ No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit renewal / modification 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 June 12, 2012 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
Attachments
MAY 1 2012
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-70". M>TA77,
512 North Salisbury Street, Raleigh, North Carolina, 27604
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

� �
, ., ' .wk.

i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
May 21, 2012 /`�o+
MEMORANDUM
TO: Mr. Peter Benjamin
Application Review Coordinator
U.S. Fish and Wildlife Service
FROM: Brenda Harris
Mining Program ecratary RECEIVED
Land Quality Section
SUBJECT: Mining Permit Modification for Otway Sand Mine, Inc. Jufl 01 1011
Otway Sand Mine
Carteret County LAND QUALITY SECTION
Please find attached for your review a copy of the mining permit renewal / modification 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 June 12, 2012 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 Wishner at (919) 707-
9220 if you have any questions,
/bmh
Attachments
MAY 2 3 2011
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-707-9220/ FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574/ FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina,27604

� �
4� E S 7�;,t

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[MINING CHECKLIST FOR ROUTING 1
Ayy V&f Namt (11b P A YY t� 1 II l i YA/'. Pmied NmAt: O (
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n

• Ed Warren •
Environmental Consulting and Training
1178 Corey Drive
Williamston, NC 27892
RECEIVE®
May 18, 2012 MAY R 1 1011
Mrs. Janet Boyer, PE
NC DENR-Land Quality LANDOUAL1Ty SECTION
1612 Mail Service Center
Raleigh, NC 27699-1612
Re: Permit No. 16-44, Otway Sand Mine, Inc., Modification Application Affidavit of
Notification and Certified Mail Receipts
Dear Mrs. Boyer:
The subject documents are enclosed.
Thank you for your attention to this matter. Please contact me if you have any questions.
Sincerely,
5? n0
Ed Warren, Consultant
[phone]

#AFIDAVIT OF NOTIFICATION •
I, Ed Warren , 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 (mown owners of record, both public and private,of all tracts of land that are adjoining
the mining permit boundary(including,where an adjoining tract is owned or leased by the applicant or is owned
by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of
the mining permit boundary) and that notice of the pending application has been caused to be mailed, by
certified or registered mail, return receipt requested, to said owners of record at their addresses shown below,
such notice being given on a form provided by the Department:
(Adjoining Landowner Name) (Address)
(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
mailed, by certified or registered mail, return receipt requested, to said office at the following address:
(Chief Administrative Officer Name) (Address)
[i.e.: City Manager, County Manager, Mayor,etc.]
Russell Overman,County Manager 302 Courthouse Square. Beaufort,NC 28516
The above attestation was made by me while under oath to provide proof satisfactory to the Department that a
reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of
land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by
the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts,that
are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or
municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A
NCAC 5B .0004(d). I understand that it is there bility of the applicant to retain the receipts of mailing
showing tha above notices were caused to,�C�yl�to provide them to the Department upon request.
May 18, 2012
r store o Applicant or Agent PN 2 Date
.
If person executing Affidavit is an agent or e plicaut, provide the following information:
Name of applicant: Otwav Sand Mine. Inc.. Lee Tiiop. President
Title of person executing Affidavit Consultant
I, �d-&i K. G ur�,awivS a Notary Public of the County of Mdr'P i✓
State of North Carolina, do hereby certify that ,C �n1 h.'re t`
appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her.
Witness my hand and notarial seal,this day of Aa y 20�a'.
Notary: �� � my Commission expires: W d� -)'O(3

APPLICATION FOR A MINING PVIT •
Otway Sand Mine Adjoining Lando ers List
1 Otway Sand Mine, Inc. (Currently Permitted Mine)
2 Otway Sand Mine, Inc. (Proposed Permit Modification/Mine Addition)
3 Otway Sand Mine, Inc. (Out Parcel-Not In Current Or Proposed Mine)
4 NC Coastal Federation 3609 Highway 24,Newport, NC 28570
5 James A. Robinson 241 Amos Gillikin Rd., Beaufort,NC 28516
6 (same as #5)
7 Veronica G. Gillikin 157 Josephine Lane, Beaufort,NC 28516
8 Travis Bartram 109 Goose Bay Dr., Beaufort,NC 28516
9 Alfred C. Gillikin 192 Amos Giilikin Rd., Beaufort, NC 28516
10 Willie C. Rose 172 Amos Giilikin Rd., Beaufort,NC 28516
11 David W. Rose 170 Amos Gillikin Rd., Beaufort, NC 28516
12 Anita& William G.Kimball PO Box 40, Harkers Island, NC 28531
.13 (same as #12)
14 (same as#12)
15 (same as#12)
16 (same as #12)
OTHER
Russell Overman, County Manager 302 Courthouse Square
Beaufort, NC 28516
(SEE ATTACHED MAP)
-21 -

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A LA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
May 21, 2012
MEMORANDUM
TO: Ms. Maria Tripp
Habitat Conservation Program Coordinator
Wildlife Resources Commission
FROM: Brenda M. Harris
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for Otway Sand Mine, Inc.
Otway Sand Mine
Carteret County
Please find attached for your review a copy of the mining permit modification 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 June 12, 2012 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 (919) 707-
9220 if you have any questions.
/bmh
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-707-9220/FAX, 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604
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. Beverly Eaves Perdue, Govemor
Director and State Geologist Dee Freeman,Secretary
May 21, 2012
MEMORANDUM
TO: Mr. Nat Wilson
Habitat Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harris
Mining Program Sec etary
Land Quality Section
SUBJECT: Mining Permit Modification for Otway Sand Mine, Inc.
Otway Sand Mine
Carteret County
© Mine Dewatering Proposed n No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit renewal 1 modification 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 June 12, 2012 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.
ibmh
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707.92201 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
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. Beverly Eaves Perdue,Governor
Director and State Geologist Dee Freeman, Secretary
May 21, 2012
MEMORANDUM
TO: Mr. Peter Benjamin
Application Review Coordinator
U.S. Fish and Wildlife Service
FROM: Brenda M, Harris
Mining Program ecretary
Land Quality Section
SUBJECT: Mining Permit Modification for Otway Sand Mine, Inc.
Otway Sand Mine
Carteret County
Please find attached for your review a copy of the mining permit renewal / modification 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 June 12, 2012 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 (919) 707-
9220 if you have any questions.
Ibmh
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-92201 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 1 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

• AT,
—wt)A.. 0
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
May 21, 2012
MEMORANDUM
TO: Mr. Lewis Ledford, Director
Division of Parks and Recreation
FROM: Brenda M. Harris P5;�D�
Mining Program S retary
Land Quality Section
SUBJECT: Mining Permit Modification for Otway Sand Mine, Inc.
Otway Sand Mine
Carteret County
Please find attached for your review a copy of the mining permit renewal 1 modification
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 June 12, 2012 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 (919) 707-
9220 if you have any questions,
/bmh
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-9220/FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574/FAX: [phone]
512 North Salisbury Street, Raleigh, North Carofina, 27604

WCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
May 21, 2012
MEMORANDUM
TO: Mr. Charles Bowden
Application Review Coordinator
Division of Soil and Water Conservation
FROM: Brenda M. Harris e6__z;;k
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for Otway Sand Mine, Inc.
Otway Sand Mine
Carteret County
Please find attached for your review a copy of the mining permit renewal 1 modification 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 June 12, 2012 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. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-92201 FAX: [phone]
512 Borth Salisbury Street, Raleigh, North Carolina, 27604
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 919-733-4574 I FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

RCDENR
North Carolina Department of Environment and Natural Resources
Division of land Resources
Land Quality Section
James D. Simons, P.G., RE. Beverly Eaves Perdue,Governor
Director and State Geologist Dee Freeman, Secretary
May 21, 2012
MEMORANDUM
TO: Ms. Anne Deaton
Habitat Protection Section
Division of Marine Fisheries
FROM: Brenda M. Harris
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for Otway Sand Mine, Inc.
Otway Sand Mine
Carteret County
Please find attached for your review a copy of the mining permit renewal 1 modification 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 June 12, 2012 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, estuarine, or 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 (919) 707-
9220 if you have any questions.
7bmh
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707.92201 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

�_
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Wishner, Judy
From: Wehner, Judy
Sent: Friday, May 18, 2012 4:21 PM
To: Gmgson, Jim
Cc: Sams, Dan; Mills, Nick; Wehner, Judy
Subject: Otway Sand Mine Modification Worksheet
Attachments: 16-44 DLR -Water Quality Review Sheet.doc
Here's the worksheet for the modification request for Otway Sand Mine(16-44).
Judy Wehner
Assistant State Mining Specialist
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
[phone]
[phone] fax
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
1

Print this form he POF Relum POF of this form to DLR CO by email, x DLR RC, DWQ SPU Send a may to the penniftee.
MINING PE%IT APPLICATION REIEW FORM
for the
DIVISION OF WATER QUALITY
THIS SECTION TO BE FILLED OUT BY DLR:
Project Name: Otwav Sand Mine DLR Permit#:1"_County: Carteret Applicant's Email:
edwarren(&suddenli nk.net
Applicant's Mailing Address: 108 Patridne Dr., New Bem, NC 27862 Mine Physical Address: n/a
YES NO Date Commencina
Is this mine a new mine? r r 2004
Have land disturbing activities
started? Date? r r 2004
Latitude: 34.7765 Longitude: -76.5536
Please return comments to (at DLR CO):Judy Wehner
Comments due by: 6/12112
SECTION BELOW TO BE FILLED OUT BY DWQ:
Is the RO concerned that the operation, as proposed, would violate standards of water quality?
Comments:_
Watershed/Stream Name & Classification:
DWQ Compliance Status of Mine:
Does this mine (or previous owner) have DWQ back fees to pay? If yes, amount:
Is this mine an active permit in SIMS?
YES NO
IN DES permit required? r ,r
NPDES permit existing? r (Permit# ) r
IPan`•NPDES permit is not required, is DWQ _
still concerned aboutwedand degradation
by.dewatering?. '
Should permittee contact DWQ RO
immediately? (e.g. to schedule a site visit if r RO Contact Name: r
mine has already begun digging or is Contact Reason: —
dewatering without DWQ permit)
401'Wetland Cart. required? r 1 r
401 Wetland Cart existing? r Permit#_ r
Does:DWO RO have enough:information to
determine if a 407eertificatlon Is required? - ---=
Rave nfamhar 9Mn

Print this foam to PDF Retum PDF of this/arm to 0LR CO by email cc DLR RO. DWQ SPU. Sand a copy to the permirtee.
YES NO
,Are,wetlands disturbed at this site?
Does DWQ RO suspect or know of nearby r r
wetlands to the site? —
Is-a wetland delineation required prior to ,r Consultant _ .r
.DWQ Issuing the permit? r --Onsits? _
r :Offsits?
_ �
Stream Dee I— rtermination Needed? _
Stream Determination Completed?
Does DWQ RO need a statement that no
wetlands/streams are disturbed r f
for this project from applicant?
Buffer Determination Needed?
Buffer Determination Completed? r r
Recycle system permit existing?' 1r'Permit#— r
New Recycle System permit required?' r r
Enough Information to determine? —
i
Non-discharge permit existing?' r._�Permil#_
Does this applicant need to contact the
regional of Central DWQ Office to r r
determine if a State Stormwater Permit is —
needed?
r Unknown.
Will wastewaters discharge to HOW waters r , r ,7Q10 Permittee
with a 7C10=07 "" Flow: must
determine.
r Has Violation
f' I O&M Requirements
r HQW/7Q10 Concerns
Does.DWQ require DLR to hold the permit "1- Pay back fees or renew
(e.g. so DWQ can review it further or DWQ permit. t✓._,;
because DWQ requires more information)? �r '!Other. - . .
. . Please describe the reason to
hold the permit: —
RO contact:
Hold Until: ., _
Mine must wait to dewater until an O&M plan is r r ,
approved? —
"The NPOES SW end WWDeonit NCG020000 covers closed-loon recycle systems deslaned to exclude all tormweter m-off fmm
the to d operate at below hvo-feet of freeboard These systems maybe remitted by a Non-dischame Recycle System
Parmitftlgn the AutiffierProtaction section rAPSI OR may insle db 'hetl under NCCO20=to eliminateadditional oemnit.
Rnv Ranlnmhnr Jnin

Pnnl this fmm In PDF Retum POF of this form to DLR CO by email.cc DLR RO, DWO SPU. Send a copy to the pemtlflee.
Racvcle systems that do not meet those*it
are considered discharging systems, and dLubiect to the Atcm000a discharge
pelM/t
"To obtain 7010 flows, permiffees must contact the DWO Storm"ler Permitfing Unit. If DWQ does not have a Now estimate fare
specific strgam,pennilfees will be asked to obtain one. Permiffees should contact J. Curtis Weaver at the USGS:919-571-4043, for
more Infarmstion on obtaining a 7010 flow. USGS will not determine a 7010 flow for tidally influenced waterbodies.
"'If them Is not enough information to give a complete answer, write in the mace provided what you will need to answer this question
completely 11 You m uire DLR to hold the it unfit r notice. indicate that in the auestion below,
Reviewed bv:
DWQ RO Surface Water Regional Office: _ Date:
RO Aquifer Protection Section: _ Regional Office: _ Date:
SPU DWQ Central Office Reviewer (if applicable):

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Name: WILLISTON Location: 0340 46'36.3" N 0760 33' 18.6" W
Date: W18/2012
Scale: 1 inch equals 2000 feet
CopmoM(C)1997.MWpk ,IM

• ED WARREN • e0. . �j
ENVIRONMENTAL CONSULTING AND TRAINING I /A
1178 Corry Drive
Williamston,NC 27892 Ce 1 0A
May 16, 2012 wV
Mrs. Janet Boyer, PE
State Mining Specialist
NC DENR-Land Quality Section
1612 Mail Service Center
Raleigh, NC 27699-1612
Dear Mrs. Boyer:
The enclosed mine permit application requesting a modification of Permit No. 16-44,
applicable drawings, fee and appropriate documentation is hereby submitted on behalf of
Mr. Lee Tripp, President, Otway Sand Mine, Inc.
The purpose of the modification is to add approximately 13.52 acres to the mine site
outside of the current permit boundaries and within the property boundaries indicated in
the application and drawings. The appropriate NPDES General Permit NCG020000 has
been issued with COC No,NCG020626. Mr. Jones is in the process of submitting an
application for a Water Use Registration in the Central Coastal Plain Capacity Use Area
and documentation will be submitted to you at issuance.
Adjoining landowner notifications will be mailed promptly and the certified mail receipts
and affidavit will be forwarded under separate cover. The domestic return receipts will be
forwarded after we receive them all.
The modifications will not invoke any of the seven denial criteria.
If you have questions or need additional information, please contact me. Also, please
copy me on correspondence to Mr. Tripp related to this modification request.
Thank you for your attention to this request.
Siinccenreelly,
Ed Warren,Consultant
RECEIVED
Cc: Lee Tripp MAY 18 1012
File
I.&Ni3 QUALITY SECTION.
edwarren@sudd en link.net
[phone]

APPLICATION FOR A MININPERMIT •
NORTH CAROLINA
MINING PERMIT APPLICATION
State of North Carolina
Department of Environment
and Natural Resources
Division of Land Resources
Land Quality Section
RECEIVED
MAY 10 2012
LAM'QUALITY GOCTION
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
[phone]
Revised:January 30,2008

APPLICATION FOR A MINING PERMIT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION RECEIVED
APPLICATION FOR A MINING PERMIT MAY 18 7017
(PLEASE PRINT OR TYPE)
LAND OUAJ ITY SECTION
1. Name of Mine Otway Sand Mine County Carteret
River Basin—White Oak
Latitude (decimal degrees to four places) 34.7741
Longitude(decimal degrees to four places) -76.5527
2. Name of Applicant* Otway Sand Mine.Inc.
3. Permanent address for receipt of official mail** 108 Partridge Dr.,New Bern,NC 28562
Telephone [phone] Alternate No. ( )
4. Mine Office Address 108 Partridge Dr.. New Bern.NC 28562
Telephone [phone]
5. Mine Manager Lee Tripp
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's
Print Name Lee Trip
Title President
• This will be the time that the mining permit will be issued to and the time 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 comoanv officer required.
G.S. 74-51 provides that the Department shall grant or deny an ap,,licafion for a permit within 60 days of receipt ofa
complete application or, if apublic 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.

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APPLICATION FOR A MINING PERMIT
NOTE: All of the following questions must be thoroughly answered regarding your mining operation for
The intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
1. Answer all of the following that apply:
❑ If this is an application for a NEW permit,indicate the total acreage at the site to be covered by the
permit (this is the acreage thatTt a "new permit" fee will be based upon):
Of this acreage, how much is owned and how much is leased? Acres owned:
Acres leased: Property owner if leased:
❑ If this is an application for RENEWAL of a mining permit,indicate the mining permit number and
the total (overall)acreage covered by e existing permit: Mining Permit No.:
Total permitted acreage(this is the acreage that the "renewal" fee will be based upon):
® If this is an application for a MODIFICATION to a mining permit, indicate the mining permit
number and the total (overall) acreage covered y the existing permit.
Mining Permit No.: 16-44 Total permitted acreage: 20.18 ac.
Doe the modification involve acreage within the previously approved permitted boundary?
Yes No Z. If yes, indicate the acreage to be covered by this modification(this is the acreage
that the "major modification" fee will be based upon):
Doe he modification involve acreage outside the previously approved permitted boundary?
Yes No ❑. If yes, indicate the additional acreage to be covered by this
modification: 13.52 ac. . (NOTE: you must complete all of Section F.of this application form
entitled Notification of Adjoining Landowners).
Of this acreage to be added to the permit,will any portion of this acreage be affected(i.e.:disturbed,
ground cover removed)by the mining operation? Yes® No 0(if no,a"minor modification"
fee of$100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the
acreage to be affected within the acreage to be added to the permit(the total acreage to be added to
the permit is the acreage that the "major modification" fee will be based upon): 7.55 ac
❑ If this is an application for TRANSFER of a mining permit,indicate the mining permit number and
the total (overall) acreage covered y the existing permit.
Mining Permit No.: Total permitted acreage:
SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BEA1-
PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED,
ABOVE
2. Name of all materials mined: Sand and Gravel
3. Mining method:
® Hydraulic Dredge ® Front-end Loader&Truck ® Shovel &Truck
Dragline & Truck Self-loading Scraper
Other(explain): Excavator and Truck
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 Level
b. Expected average depth of mine (feet) 30
I

APPLICATION FOR A MINING PERMIT
5. Has any area(s) at this site been mined in the past? Yes ® No ❑
If yes, when and by whom was this activity conducted? Mining by Superior Landworks,]nc since Pemut
16-44 issued on 1/6/04,-Mining by Otwgy Sand Mine Inc since recent permit transfer
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 the N.C. Geological Survey:
Mailing Address: Physical Address:
1612 Mail Service Center OR 512 North Salisbury Street, 5d' Floor
Raleigh,North Carolina 27699-1612 Raleigh,North Carolina 27604
[phone]
County highway maps may be obtained from the N.C. Department of Transportation:
North Carolina Department of Transportation—Geographic Information Systems(GIS)
Mailing Address: Physical Address:
NCDOT GIS Unit NCDOT GIS Unit
1587 Mail Service Center 3401 Carl Sandburg Court
Raleigh, North Carolina 27699-1587 Raleigh,North Carolina 27610
[phone]
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 daring the life of the mining permit. All maps must be
of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a
minimum:
a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located
including easements and rights-of-way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.
d. Outline and width of all buffer zones (both undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
£ Outline and acreage of all stockpile areas_
g. Outline and acreage of all temporary and/or permanent overburden disposal areas.
h. Location and acreage of all processing plants(processing plants maybe 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.
n. Location of 100-year floodplain limits and wetland boundaries.
o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of
the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of
the mining permit boundary, must be provided on the mine map.
I

APPLICATION FOR A MINING PERMIT
p. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,or
other watercourse,railroad track,or utility or other public right-of-way.If an adjoining tract is owned
or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of
tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be
provide 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:
I. Name of applicant
2. Name of mine
3. North arrow
4. County
5. Scale
6. Symbols used and corresponding names
7. Date prepared and revised
8. Name and title of person preparing map
Map scales should meet the following guidelines:
PERMITTED ACREAGE MAP SCALE
0-49 Acres 1 inch=50 feet
50-199 Acres 1 inch= 100 feet
200+Acres 1 inch=200 feet
(NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items)

APPLICATION FOR A MININGPERMIT •
A table/chart most be provided on the mine mapp that clearly lists the approximate acreage of tailings/scdiment
ponds, stockpiles, wactepiles, processing area/haul roads, mine excavation and any other major aspect of the
mining operation that is pro sed to be affected/disturbed during the life of the mining permit. A tabletchart
similar to the following wit be acceptable:
CATEGORY AFFECTED ACREAGE
Tailings/Sediment Ponds 0.08
Stockpiles 0.12
Temporary Topsoil Stockpiles 1.28
Haul Roads 0.92
Mine Excavation 21.48
Other(Explain)Unexcavated Buffer 3.85
Total Disturbed Acreage 27.73
Other(Explain) Undisturbed Buffer 5.97
Total permit Area 33.70
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 QUESTIONSISTATEMENTS
THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE
WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS.

APPLICATION FOR A MINING PERMIT
C. PROTECTION OF NATURAL RESOURCES
I. Describe in detail the sequence of events for the development and operation ofthe mine and reference the
sequence to the mine map(s). Attach additional sheets as needed.
The area to be added under this modification is largely previously cleared land with tree lines along the
northwestern and southeastern borders and scattered areas of small pines and hardwood saplings.
Proposed unexcavated and undisturbed buffers will be staked out and marked. Trees along the
northwestern border of the addition, scattered within the areas to be excavated and interior to the
undisturbed buffer will be cleared and removed. Trees along the southeastern border of the added area
within the proposed undisturbed buffer will not be removed and will serve as a visibility and access
barrier.
Topsoil will be removed from the modification excavation area and stockpiled in the temporary topsoil
stockpile area. Mining will begin in the northwest corner of the modification area and proceed toward the
south and east up to the excavation limits of the modification area.
2. Describe specific erosion control measures to be installed prior to land disturbing activities and during
mining to prevent offsite sedimentation(include specifre plans for sediment and erosion control for mine
excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of
installation and schedule for maintenance of the measures. Locate and label all sediment and erosion
control measures on the mine map(s) and provide typical cross-sections/eonstruction details of each
measure. Engineering designs and calculations are required to justify the adequacy of any proposed
measures.
Existing mine entrance with 50 feet minimum length of stone cover will remain as main entrance.
Within the currently permitted area,the 50 feet unexcavated buffer on the southwestern border and the 25
feet unexcavated buffer along the northwestern and northeastern borders will remain as currently
permitted. The 25 feet buffer inside the common border of the currently permitted area and the
modification area will be eliminated except for 535 linear feet beginning at the entrance and extending
northeastward along the western border of the Travis Bartram property line. Buffers within the
modification area will be established as 25 feet unexcavated inside the northeastern permit boundary and
10 feet undisturbed and 15 feet unexcavated inside the southeastern boundary for 1247 linear feet
beginning at the northeastern comer and running southward. The southwestern part of the modification
area will have an undisturbed buffer 925 feet long and 272 feet wide with an unexcavated buffer 25 feet
wide and 272 feet long on the north border of this undisturbed buffer. Existing sediment settling ponds,
check dams and discharge ditch will be used for treating dewatering from excavations in the modification
area. Existing sediment settling ponds will be relocated toward the southwest in the originally permitted
area as mining advances;however,a minimum of three sediment ponds with design details as indicated on
the map will be present and operable at all times. Clearing and grading within any unexcavated buffers
will be sloped such that all rain water will drain internal to the mine. Areas with completed excavations
will be sloped and seeded as mining advances.
3. a. Will the operation involve washing the material mined, recycling process water, or other waste water
handling? Yes ❑ No E. If yes,briefly describe all such processes including any chemicals to be used.
b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to
the waters of the State? Yes ❑ No E. Ifyes, briefly describe the nature of the discharge and locate
all proposed discharge points (along with their method ofstabilization) on your mine map(s).

■ f ,
APPLICATION FOR A MININGPERMIT •
c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ® No❑.
If yes,do you intend to dewater the excavation(s)? Yes ® Na
If yes,what impact,if any,will mine dewatering have on neighboring wells? Estimated withdrawal rate
in gallons per day:90000 . Locate all existing wells on the mine map(s) that lie within 500 feet of the
proposed excavation area. Provide data to support any conclusions or statements made, 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.
Residences in the locale are served by private wells.No adverse effects on wells in the area is anticipated.
The current mine dewatered an average of 87429-96429 gallons per day for 12-24 days per month
during calendar year 2009. No adverse impacts on wells in the area were reported. Proposed future
operations will dewater at the same volumes.The dewatering activities in 2010 and 2011 were much less
than 2009 due to mining and dewatering activities being reduced to one to three days per month in 2010
and none in 2011.
d. If you answered yes to any of the above questions, provide evidence that you have applied for or
obtained the appropriate water quality permit(s)(i.e.,non-discharge,NPDES,Stormwater,etc.)from the
Division of water Quality,Water Quality Section. In addition,the applicant is required to register water
use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day
and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity
use area and withdraws more than 100,000 gallons per day.
Mine is currently covered by NPDES General Permit NCG020000, COC No. NCG020626 issued by
DWQ-
Water withdrawal records for 2009, 2010 and 2011 have been submitted to the NC Division of Water
Resources and registration number will be issued by NC Water Resources.
4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No Z.
If yes, indicate evidence that you Piave 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?
Water suppression will be used as needed to control dust without creating runoff.

APPLICATION FOR A MINAPERMIT •
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 &
se ementation 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.
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(v).
See fart C,2.of this application and the map for a description of the buffers, A minimum buffer of
25 feet will be located inside the permit boundary.
b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities
within the mining permit boundaries and any natural watercourses and wetlands unless smaller
undisturbed buffers can be justified. Depending on site conditions,a buffer wider than 50 feet may
be needed.
How wide an undisturbed buffer will be maintained between any land disturbing activities within the
mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer
locations and widths on the mine map(s).
There are no natural watercourses or wetlands within the mining permit boundaries.
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 i vertical slopes or flatter for sandy material are generally required,unless
technical justification can be provided to allow steeper slopes.
Minimum side slopes shall be 3:1 adjacent to all adjoining permit boundaries and buffers will be
maintained as indicated on the map.

APPLICATION FOR A MEA PERMIT Is
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 ofany benches
andlor slope drains (with supporting design information) if needed, and the method of final
stabilization.
See map for cross-section for all fill slopes.
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).
Angle on all cut slopes in excavated areas shall be 3:1 above the mean high water table and 1:1
below the water table.
d. In hardrock excavations,specify proposed bench widths and heights in feet. Provide cross-sections
of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and
mine benches, and the expected maximum depth of the excavation.
No hardrock excavations are proposed or anticipated.
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.
The proposed buffers in conjunction with the proposed slope cuts will provide adequate protection to prevent
physical hazards to dwellings, roads and buildings in the area.
8. Describe what kind of barricade will be used to prevent inadvertent public access along an 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 detaillcross-section and location of each
type of barricade to be used must be indicated on the mine map(s).
No high wall areas are proposed or planned.The entrance to the mine site off of Gillikin Rd.has a gate with
lock to be used when the mine is not occupied.

APPLICATION FOR A MINIIPPERMIT •
9. Are acid producing minerals or soils present? Yes❑ No®.
If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled?
10. a. Describe specific plans (including a schedule of implementation) for screening the operation from
public view such as maintaining or planting trees,bushes or other vegetation,building berms or other
measures. Show the location of all visual screening on the mine maps)and provide cross-sections
through all proposed berms or proposed spacing, sizes and species for tree plantings.
An earthen berm approximately 100 feet in diameter and 15 feet high is existing inside the entrance
gate. The berm is sloped 3:1 or flatter and stabilized with grass cover. It, and a natural vegetation
area serves to block mining operations from the view of traffic on Amos Gillikin Road,a secondary
road with minimal local traffic. A large undisturbed buffer in the southwestern portion of the
modification area and a tree 1 ine along the southeastern permit boundary will block this section of the
modification area from view. The northeastern boundary of the existing and modification areas
border a large tract of farmland with no public access.
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?
There are none in the immediate area.
11. Will explosives be used? Yes❑ No Z.
If yes,specify the types of explosive(s)and describe what precaution(s)will be used to prevent physical
hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations.
Depending on the mine's location to nearby structures, more detailed technical information may be
required on the blasting program(such as a third-party blasting study). Locate the nearest offsite occupied
structures) to the proposed excavations) on the mine map and indicate its approximate distance to the
proposed excavation.
12. Will fuel tanks, solvents,or other chemical reagents be stored on-site? Yes ❑ No M.
Ifyes, describe these materials, how they will be stored and method of containment in case ofspill. Indicate
the location(s) of all storage facilities on the mine map(s).

APPLICATION FOR A MINIPPERMIT •
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 loeation(s) ofall permanent
channels must be indicated on the reclamation map.
Mine site will be reclaimed as a lake. Side slopes of reclaimed areas will be 4:1 above the mean high water
line and 2:1 starting 4 feet below the water line. All banks and roads will be graded to drain internal to the
lake and seeded according to the existing permit proposal.
2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ® No ❑.
If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled
cross-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 Z.
If yes, specify species.
The impounded area will be inside the permitted excavation areas with an expected average depth of 30 feet
and minimum depth of 4 feet.
3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock
including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate;
fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent,-
barricades must he shown on the reclamation map.
Not applicable-no rock excavations are planned.
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,
Waste areas are not planned. Topsoil stockpiled during excavations will be used as needed to shape banks
during reclamation. Any overburden stockpile, if left on site will be sloped and seeded according to
the details on the map.
5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways.
There will be no processing facilities. Stockpiles will not be left on site. Roadways will be graded to drain
internal to the impoundment and seeded per the current permit schedule.

APPLICATION
FOR A MINI PERMIT •
b. Will any on-site roadways be left as part of the reclamation? Yes ® No ❑.
Yyes, identify such roadways on the reclamation map and provide details on permanent road and ditch
line stabilization.
The existing soil road along the northwestern boundary of the existing mine will be left in its original
state as it existed prior to mining operations.
6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or
other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.)
No off-site generated waste shall be disposed of on the mine site without prior written approval
from the NC Department of Environment and Natural Resources,Land Quality Section and either
the Division of Waste Management(DWM)or local governing body. If a disposal permit has been
issued by DWM for the site, a copy of said permit must be attached to this application. All
temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and
reclamation map, along with a list oJitems to be disposed in said areas.
Waste materials, scrap metal and other waste materials will be disposed off site in landfill or other
appropriate disposal facility.

APPLICATION FOR A MINIRPERMIT 41
7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must
include recommendations for year-round seeding,including the time of seeding and the amount and type
of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding
instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is
not acceptable. Recommendations can be sought from:
a. Authorized representatives of the local Soil and Water Conservation District;
b. Authorized representatives of the Division of Forest Resources, Department of Environment and
Natural Resources;
c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists
and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at
North Carolina State University;
d. North Carolina licensed landscape architects;
e. Private consulting foresters referred by the Division of Forest Resources, Department of
Environment and Natural Resources;
f. N.C. Erosion and Sedimentation Control Planning and Design Manual;
gg 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):
FERTILIZER- ANALYSIS AND RATE OF APPLICATION (pounds/acre):
SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING
SCHEDULE (pounds/acre): [NOTE: Include Legumes]
Seed Types: Seeding Dates: Seeding Rates:
Seeding and fertilizing will be according to the plan in the current permit. See Seeding Schedule on Mine
Map
MULCH-TYPE AND RATE OF APPLICATION(pounds/acre)AND METHOD OF ANCHORING:
OTHER VEGETATIVE COVERS—TYPE(S) AND RATE (S) OF APPLICATION INCLUDING
SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc):
Revegetation and/or reforestation plan approved by:
Signature Date
Print Name
Title
Agency

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 on (based upon a range
g$500 to $5,000 per affected acre) !or each permitted mine site based upon the acreage approved by the
partment to be affectedduring the life of the mining permit Please insert the approximate acreage, fare h
as ect o the mininer oneration. that vou intend to affect drain the life o this minin rmit(in addition lease
insert the a ro riate reclamation co t/ cre or each catego from t le o Reclaman Costs
provided with this application form)ORyoucandeerto the Department to calculate vour bond Artybased
upon your maps an standard costs:
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE* COST
Tailings/Sediment Ponds: Ac. X $ /Ac. _ $
Stockpiles: Ac. X $ /Ac. _ $
Wastepiles: Ac. X $ /Ac. _ $
Processing Area/Haul Roads: Ac. X $ /Ac. _ $
Mine Excavation: Ac. X $ /Ac. _ $
Other: Ac. X $ /Ac. = S
TOTAL AFFECTED AC.: Ac.
(TOTAL PERMITTED AC.: Ac.)
Temoorary & Permanent Sedimentation & Erosion Control Measures:
Divide the TOTAL All 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
6e needed to prevent ollsite sedimentation and sedimentation to onsite watercourses and wetlands.
a) Internal Drainage Ac.
b) Positive Drainage Ac. X $1,500.00 = $
SUBTOTAL COST: $
Inflation Factor:
0.02 X SUBTOTAL COST: $ X Permit Life (1 to 10 years):
INFLATION COST: $
TOTAL COST = SUBTOTAL COST+ INFLATION COST = $
Total Reclamation Bond Coat: S
(round down to the nearest$100.00)

APPLICATION FOR A MINI PERMIT
F. NOTIFICATION OF ADJOINING LANDOWNERS
The"Notice"form,or a facsimile thereof,attached to this application must be sent certified or registered mail,
return receipt requested,to:
(1) the chief administrative officer of each county and municipality in which any part of the permitted
area is located as indicated on the mine map(s);
(2) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor
of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are
within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and
(3) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,
or other watercourse,railroad track,or utility or other public right-of-way.If an adjoining tract is
owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of
tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary)as indicated on the mine map(s). "Highway"means a road that has four lanes of travel
or less and is not designated as an Interstate Highway.
The only exception to the above method of giving notice is if another means of notice is approved in advance by
the Director, Division of Land Resources.
A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed
"Notice" form (the proposed overall permit boundaries and the names and locations of all owners of
record of lands adjoining said boundaries must be clearly denoted on the tax map).
The"Affidavit of Notification" attached to this application must be completed,notarized and submitted to the
Department, with the remainder of the completed application form, before the application will be considered
complete.
NOTES:
THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS
AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA,AS
R UIRED BY NCGS 74-50(b1).
SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF
NOTIFICATION"
Adjoining landowners (list attached) will be notified using the "Notice" Form accompanied by a map (copy
attached), and the"Affidavit of Notification"will be forwarded to the Department after notifications are mailed.

� � EkArxPLE
NOTICE
Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that
Otway Sand Mine has applied on
Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612, for(check one):
❑ a new surface mining permit,
® a modification of an existing surface mining permit to add land to the permitted area;or
❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance
in the area proposed. Please note that future modification(s) may be submitted by the applicant to
allow disturbance within this area without re-notification of adjoining landowners.
The applicant proposes to mine Sand and Gravel on 13.52 acres located 10
(Mineral,Ore) (Number) (Miles)
northeast of Beaufort off/near road Amos Gillikin Rd.
(Direction) (Nearest Town) (Number/Name)
in Carteret County.
"SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the
Deparun to notify all owners of record,both public and private,ofall tracts of land that are adjoining the mining
permit boundary; if an adjoining tract is owned or leased by the a plicant or is owned by the lessor ofthe mine tract,
all owners of record of tracts ad3oining these tracts must be nolifPed(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 comments) to the
Department at the above address within thirty(30)days of the issuance of this Nobce or the Sling of the application
forappeermit,whichever is later. Should the Department determine thatasignifiscant pubfic 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 atwve.
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 re ardi�n the
s ecifics of the ro used in
activi lease contact the a licant at t e olloh�"win tele ronel number:
252(_._. __... . For m ormatmn on a mmmg permit application review process, please contact toe Mmmg
Program sta at [phone]. Please note that the De�artrnent will consider env relevant written
comments/documentation within the provisions of the Muanp Act of 1971 throughout the application review
process until a final decision is made on the aonlication.
See list Otwav Sand Mine Inc.. Lee Tripp. President
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) R. Company Name, if Applicable)
108 ge Partrid Dr..New Bern,NC 28562
(Date of Issuance of this Notice/ (AddressApplicant)
Mailed to Addressee/Owner of Record)

�kAmPL &
APPLICATION FOR A MININOPERMIT
AFFIDAVIT OF NOTIFICATION
19 Ed Warren. Consultant an applicant,or an agent,or employee of an applicant,fora
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 al
known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary
(including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary)and
that notice of the pending application has been caused to be mailed,by certified or registered mail, return receipt
requested,to said owners of record at their addresses shown below,such notice being given on a form provided by
the Department:
(Adjoining Landowner Name) (Address)
(see attached list) (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 mailed,by
certified or registered mail, return receipt requested,to said office at the following address:
(Chief Administrative Officer Name) (Address)
[i.e.: City Manager, County Manager, Mayor, etc.]
Russell Overman, County Manager 302 Courthouse Square, Beaufort,NC 28516
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 minimg permit boundary (including, where an ad,'loming tract is owned or leased by the
applicant or iso
owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts,that are
within1,000 feet athe mining permit boundary)and the chiefadminislrafive officer ofthe county or municipality in
which any par[of the permitted area is located in compliance with N.C.G.S.7450(bl)and 15ANCAC SB.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 he mailed and to provide them to the Department upon request.
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: Orway Sand Mine. Inc.. (Lee Tripp, President)
Title of person executing Affidavit Consultant
I, a Notary Public of the County of ,
State of North Carolina,do hereby certify that
appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her.
Witness my hand and notarial seal,this day of 20_
Notary: my Commission expires:

•
ADJOINING LANDOWNER LIST
MAP
REFERENCE
NUMBER OWNER ADDRESS
1 Otway Sand Mine, Inc. (Currently Permitted Mine)
2 Otway Sand Mine, Inc. (Proposed Permit Modification/Mine Addition)
3 Otway Sand Mine, Inc. (Out Parcel-Not In Current Or Proposed Mine)
4 NC Coastal Federation 3609 Highway 24,Newport,NC 28570
5 James A. Robinson 241 Amos Gillikin Rd., Beaufort, NC 28516
6 (same as #5)
7 Veronica G. Gillikin 157 Josephine Lane, Beaufort,NC 28516
8 Travis Bartram 109 Goose Bay Dr., Beaufort, NC 28516
9 Alfred C. Gillikin 192 Amos Gillikin Rd., Beaufort, NC 28516
10 Willie C. Rose 172 Amos Gillikin Rd., Beaufort, NC 28516
11 David W. Rose 170 Amos Gillikin Rd., Beaufort, NC 28516
12 Anita& William G.Kimball PO Box 40, Harkers Island,NC 28531
13 (same as#12)
14 (same as#12)
15 (same as#12)
16 (same as #12)
OTHER
Russell Overman, County Manager 302 Courthouse Square
Beaufort, NC 28516
(SEE ATTACHED MAP)

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APPLICATION FOR A MINING PERMIT •
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands
or operation during regular business hours for the purpose of making necessary field inspections or investigations as
may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56.
We further grant to the Department or its appointed representatives the right to make whatever entries on the
land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry
out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S.
74-59.
LANDOWNER: APPLICANT:
Signature: Signature:*
Print Name: Lee Tripp, President Print Name: Lee Tripp. President
(Tide, if applicable)
Company Iowa Sand Mine, Inc. Title: President
(If applica ebT)
Address: 108 Partridge Dr. Company: Otway Sand Mine, Inc.
New Bern,NC 28562 Mine Name: Otwav Sand Mine
Telephone: (252) 514-1468 Telephone: [phone]
Date Signed. ? 3/-/Z Date Signed:'
*Signature must be the same as the individual who signed Page I of this application,
One original and rive(5) copies of the completed application,six(6)copies oral) location maps, mine mans
as reclamation ma s and the a ro riate rocessin fee(see next page or ree schedule)is the form a check
or money or er payab c to the orth arolma Department of Environment and Natural Resources must be
sent to the Land Duality Section Central Office at the address listed on the front cover df this application
form,
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at
(9q9)733-4574.

� �
�:
. ,
-rr..

APPLICATION FOR A MININGT
MINING FEE SCHEDULE
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:
0-25 acres 26+acres
New Permit Applications $3,750.00 $5,000.00
Permit Modifications $750.00 $1,000.00
Permit Renewals $750.00 $1,000.00
Transfers/Minor Modifications* $100.00 $100.00
* A nonrefundable$100.00 permit application processing fee is required for minor permit modifications. Minor permit modifications 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 of the added lands have been approved. All other cbsnges are
considered major permit 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 tbat is to lit disturbed and added to an existing permitted area,or both.
-20-

APPLICATION FOR A MINING911MIT •
SCHEDULE OF RECLAMATION COSTS
Based upon ranee of$500 - $5,000 per affected acre)
COMMODITY CODES: SG=Sand and/or Gravel,GS=Gemstone,Borrow =Borrow/fill dirt,CS=Crashed Stone,
DS =Dimension Stone, FS = Feldspar, M1 =Mica, LI = Lithium, PF=Pyrophyllite, OL = Olivine,
KY=Kyanite/Sillimanite/Andalusite,PH=Phosphate,CL=Clay/Shale,PE=Peet,AU=Gold,T1=Titanium,and OT
=Other
Type T/S Panda S.piles W.oiles P.area/H.R. Mine Excay.
SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L)
Borrow 1500(FI) $2000(PD)
CS,DS, 500(L) 1800 2000 2000 500(L)
FS, M15 1500(FI) 2500(PD)
Ll, PF, OL, KY
PH 1000(L) 2500 5000 5000 2000(L)
2500(FI) 5000(PD)
CL 1000(L) 2500 5000 5000 2000(L)
2500(FI) 3700(PD)
PE, AU, 1000(L) 2500 3000 3500 2000(L)
TI, OT 2500(FI) 5000(PD)
(L) =reclamation to a lake and mvegetating sideslopes
(FI)= reclamation by filling in and revegetating
(PD) = reclamation by grading for positive drainage & revegetating
AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE
BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS
FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO
THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh,
North Carolina 27699-1612
ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM:
• FINAL GRADING COSTS PER ACRE
• LIME AND FERTILIZER COSTS PER ACRE
• YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION
PLAN IN APPLICATION/PERMIT DOCUMENT)
• MULCH AND ANCHORING COSTS PER ACRE
• ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED
RECLAMATION PLAN FOR THE SITE IN QUESTION
YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION.
-22-

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`NFA
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
November 15, 2011
Mr. Lee Tripp
Otway Sand Mine, Inc.
108 Partridge Drive
New Bern, North Carolina 28552
RE: Mining Permit No. 16-44
Otway Sand Mine
Carteret County
White Oak River Basin
Dear Mr. Tripp:
Your request to have the above referenced mining permit, issued to Superior
Landworks, Inc., transferred in its entirety to your company has been approved. As we have
received the required surety in an amount sufficient to cover the present operation, I am
enclosing the transferred mining permit. With this transfer, the mine name has changed from
Superior Landworks Mine to Otway Sand Mine. The permit number and expiration date shall
remain the same as before the transfer.
Please review the permit carefully and notify this office of any objections or questions
you may have concerning the terms of the permit. It is your responsibility to fully understand
and comply with the conditions of your mining permit. I would like to draw'your particular
attention to the following conditions where minor additions or changes were made: Operating
Condition No. 4E. Condition No. 4E requires that permanent groundcover be provided on the
northwestern mine slope and associated restored buffer as soon as practicable, but in any
case within two growing seasons of the date of issuance of this transfer (November 15, 2011).
It is highly recommended that permanent seeding be provided within the upcoming fall
season, as this is a very good time for the germination and establishment of groundcover.
As a reminder, your permitted acreage at this site is 20.18 acres and the amount of
land you are approved to disturb is 17.70 acres.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ► Telephone [phone] I FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27644-Internet:http:llwww.dlr.enr.state.nc.us/pages/iandqualitysection.html
An Equal Opportunity!Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Mr. Tripp
Page Two
Again, if you should have any questions on this matter please contact Ashley Rodgers,
Assistant State Mining Specialist, at (919) 73341574.
Sincerely,
55
k,��a,ne S Boyer,
thte Mining Specialist
Land Quality Section
JSB/ar
Enclosures
cc: Mr. Dan Sams, PE
Ms. Shannon Deaton-WRC, w/enclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
File

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:
Otway Sand Mine, Inc.
Qtway Sand Mine
Carteret County -Permit No. 16-44
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: January_6 2014

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.
Modifications
November 15,,2011: This permit has been transferred in its entirety from Superior Landworks,
Inc. to 4tway Sand Mine, Inc.
Expiration Date
This permit shall be effective from the date of its issuance until January 6, 2014.
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:

Page 3
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.
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.
C. Mining activities shall occur as indicated on the mine map last revised December
9, 2003 and with the stipulation that a minimum four foot high wire fence with a
top strand of barbed wire be installed as needed along the northwest side of the
mine within the 25 foot unexcavated buffer and a minimum 30 foot wide
unexcavated section shall be left near midway across the pit area.
D. Mining activities shall occur in such a manner as to maintain a minimum three
horizontal to one vertical or flatter slope along all perimeter pit slopes. For
reclamation purposes, a four horizontal to one vertical slope must extend from

Page 4
the top edge of the pit to a point where four foot of water exist and then from that
point to the bottom of the pit, a minimum two horizontal to one vertical slope
provided.
E. Permanent groundcover must be provided on the northwestern mine slope and
associated restored buffer as soon as practicable, but no later than two growing
seasons from November 15, 2011.
5. All permit boundaries (20.18 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.
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. A. Existing vegetation or vegetated earthen berms shall be maintained between the
mine and public thoroughfares whenever practical to screen the operation from
the public.
B. A minimum four foot high wire fence with a top strand of barbed wire shall be
installed as needed within the 25 foot unexcavated buffer along the northwest
side of the mine.
9. Sufficient buffer (minimum 25 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

Page 5
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.
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 $12,200.00
Assignment of Savings Account, 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 N. 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 T
B. The side slopes to the lake excavation shall be graded to a 4 horizontal to 1
vertical or flatter to a point where four foot of water exist and a minimum 2
horizontal to 1 vertical or flatter from this point to the bottom of the pit.
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 1OD.
E. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegeta_tion Plan:
After site preparation, all disturbed land areas shall be revegetated as per the Seeding
Schedule listed on the mine map dated August 3, 2003 and approved by Mr. Ronald D.
Culliper, PE, of Stroud Engineering, PA.
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.
This permit issued January 6, 2004 to Superior Landworks, Inc. is hereby transferred in its
entirety to Otway Sand Mine, Inc. this 15th day of November 2011 pursuant to G.S. 74-51.
By,
Y
ames D. Simons, Director
ivision of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

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 November 15, 2011 Dee Freeman, Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 1300 0000 1125 6606
Mr. David Ballou
Superior Landworks, Inc.
660 Old Vancebora Road
New Bern, NC 28560 ,
Re: Mining Permit No. 16-44
Superior Landworks Mine
Carteret County
Waite Oak River Basin
Dear Mr. Ballou:
Your request to have Mining Permit No. 16-44 transferred in its entirety from your
company to Otway Sand Mine, Inc. has been approved. As we have received Otway Sand
Mine, Inc.'s required surety in an amount sufficient to cover the present operation, your
company is hereby released from further responsibility for this site with respect to The Mining
Act of 1971. Therefore, I am returning your $12,200.00 Assignment of Savings Account (No.
6800663236) to you for your disposal.
Thank you for your cooperation in this matter.
Sincerely,
J net S. Boyer, PE
tate Mining Specialist
Land Quality Section
JSBIar
Enclosure: ASA No. 6800663236
cc: Mr. Dan Sams, PE
Mr. William Gerringer-DOL, Mine and Quarry Bureau
File
1612 Mail Service Center,Raleigh,North Carolina 27699-1612 - Telephone [phone] FAX:[phone]
512 North Salisbury Street, Raleigh, North Carolina,27604•Internet:http://www.dlr.enr.state,nc,us/pages/landqualitysection.html
An Equal Opportunity I Affirmative Action Employer-50%Recycled 110%Post Consumer Paper

RA
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
October 26, 2011
Certified Mail
Return Receipt Requested
7008 1300 0000 1125 5333
Mr. Lee Tripp
Otway Sand Mine, Inc.
108 Partridge Drive
New Bern, North Carolina 28562
RE: Otway Sand Mine (Superior Landworks Mine)
Permit No. 16414
Carteret County
White Oak River Basin
Dear Mr. Tripp:
The review has been completed on the transfer request your company submitted for the
referenced mine site. However, the following is needed to continue processing your
application:
The reclamation bond for this site has previously been calculated to be $12,200,00,
The bond will be required prior to approval of this transfer. Enclosed is your previously
submitted Irrevocable Standby Letter of Credit (No. 9512214328.00002) issued by BUT in the
amount of$12,200.00. Ms. Kristine Liljestrand of BB&T has informed us that this letter of
credit has matured and been closed out. As the requested permit transfer has not yet been
processed, we have never accepted this letter of credit and are returning it to you.
On October 19, 20111 this office received an Assignment of Savings Account (No.
0005109180191) issued by BUT in the amount of$12,200.00. However, this Assignment of
Savings Account is unacceptable and is also being returned to you. Please note that the
assignment enclosed lists two different applicants — Otway Sand Mine, Inc. and Harvey Lee
Tripp, Jr. The applicant name on the assignment form should match the name on the transfer
request — Otway Sand Mine, Inc. In addition, please refer to the enclosed Reclamation Bond
1612 Mail Servos Center,Raleigh, North Carolina 27699-1612 • Telephone [phone] FAX:[phone]
512 North Salisbury Street, Raleigh,North Carolina,27684•InterneChltp:1twv .dlr.enrslatenc.uslpagesAandqualllysection.html
An Equal Opportunity I ARrmal ve Action Employer-50%Recycled 119%Post Consumer Paper

1
w
CERTIFIED MAIL
Mr. Tripp
Page Two
Guidelines for additional information necessary for an assignment of savings account. The
original or photocopy of the savings instrument (passbook, deposit receipt, actual certificate of
deposit) must be attached to the original assignment form and both forwarded to the DENR-
LQS Central Office. The name, account numbers and dollar amounts listed on the assignment
form must match those on the savings instrument. Since an acceptable reclamation bond has
not been posted and the requested permit transfer has not yet been processed, we are
currently holding the Assignment of Savings Account in the name of Superior Landworks, Inc.
For your convenience, I have enclosed an assignment of a savings account form for
your use in securing the required bond. The name on the security must be the same as the
name appearing on the application for a mining permit, i.e., Otway Sand Mine, Inc. In
addition to one of these alternatives, you may, upon request, substitute a cash deposit.
Please be advised that the transfer request cannot be completed until the new bond
amount has been received.
As required by G.S. 74-51 (h), you are hereby advised that you have 60 days from the
date of your receipt of this letter to submit the reclamation bond. 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.
In order to complete the processing of your transfer request, please forward the bond 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

CERTIFIED MAIL
Mr. Tripp
Page Three
Please contact me at [phone] if you have any questions.
Sincerely,
Ashley L. Rodgers
Assistant State Mining Specialist
Land Quality Section
Enclosures: ISLOC No, 9512214328-00002
ASA No. 0005109180191
Assignment of Savings Account Form
Reclamation Bond Guidelines
cc: Mr. Dan Sams, PE
Mr. David Ballou, Superior Landworks, Inc., 660 Old Vanceboro Road, New Bern,
NC 28560
Mr. Ed Warren, Environmental Consulting and Training, 1178 Corey Drive, Williamston,
NC 27892

RKEIVEu
0V 1s Toil
r ASSIGNMENT OF SAVINGS ACCOUNT LAND QUALITY SECTION
This Assignment, made and entered into the rl'" day of CCAvbt b' , 20-U_, by
and between Ohuau <Srud lYlinc Trk: of 108 I�a,-indc�.c. Or iNrw G3 n NC ,
(applicant) (adtlress)
City of Ale l il ?Cxn , County of Crow e.n State of
North Carolina and the North Carolina Department of Environment and Natural Resources; and
WHEREAS, The undersigned Ho- ve4 Lec- Tn pp Sr.
(applicant)
(hereinafter referred to as "Operator") is desirous of engaging in mining operations in the State of
North Carolina and such mining operations are subject to the provisions of the Mining Act of 1971,
Article 7, Chapter 74 of the General Statutes of North Carolina; and
WHEREAS, NCGS 74-50 requires that mine operators obtain a permit from the Department
of Environment and Natural Resources (hereinafter referred to as "Department") before engaging
in mining operations, and NCGS 74-54 requires that a surety bond in favor of the State be
maintained or other security.be filed with the Department, in connection
with said pennit; and
WHEREAS, Operator has a savings amount in gg ! T (lgra. cli
t� (bank name)
at 3r15 r)outif Fruni- S-Irecf , Cityof Ncrn S$ , County of
(address)
G oven , State of North Carolina, Savings Account o 2111MI—;
and
WHEREAS, NCGS 74-54 authorizes the Department to accept from Operator an
assignment of a savings account in a North Carolina bank, in lieu of a surety bond;
NOW, THEREFORE, in consideration of the premises and the Department accepting an
assignment of said savings account in lieu of a surety bond, the undersigned Operator does
hereby sell, assign, transfer, set over to the Department of Environment and Natural Resources
Tuxwc 'bmsa,d kwo inu direA doatwsdollars ($ 1 A,aoo ) of the sums on
(dollar amount written)
deposit in his name in R5? T . City of Ocko TP ern
(bank name)
County of raven , State of North Carolina, Savings Account No.
Uo05toq 180lgl and further authorizes B3 ' T
(bank name)
to pay over to the Department of Environment and Natural Resources the above sum of
Tuziyc -H,cusa-nd 4 wo {r�c(vtd doltays dollars ($ Va , QOU `s )
(dollar amount written)
out of the above money deposit in the above account in his name.
Rev. Dec 2006

• •
The condition of the foregoing assignment is that if the assignor Operator conducts the
mining operations faithfully, honestly, and lawfully and in compliance with the requirements of the
Mining Act of 1971 and applicable Rules and Regulations adopted pursuant thereto, then this
assignment shall be null and void; otherwise it shall remain in full force and effect. Compliance with
the requirement of the Mining Act of 1971 and applicable Rules and Regulations shall be
determined by the Department.
This assignment is made and the
'(passbook, epos ok, etc.)
is to be held by the Department as collateral security for all direct or indirect liabilities of the
assignor Operator to the assignee Department that may arise by reason of the Mining Act 1971,
Article 7, Chapter 74 of the General Statutes of North Carolina. _
This assignment shall be direct authorization to BB f T
(bank name)
to pay said sum to Department on demand by Department.
p ILIti rST NG /�S
F (9i9r ift lure of Applicant)
Sworn to before me this I'7"'
=x NOTARY = day of DC+06w , 201L
PUBLIC
%may : Notary Public
.`°NSWr� c �` My Commission Expires NiCainimawbnErarmr2.trpyq,
tttlnnpptet 1',ualrvn. fr..SP.�¢(�tland
(Aflik Seal)
ACKNOWLEDGEMENT BY BANK
The foregoing Assignment of Savings Account is hereby acknowledged this J1 day of
Qclvbcr , 20 iL. It is further acknowledged that funds in the above mentioned
account shall not be disbursed except to the assignee, Department of ENR while the assignment
remains in effect.
This the lq' day of Om-oive , 20-11 by (A)alk.✓ 0. �iulllrns
(authorized agent( ank)
3�5 C�Ld1, �,�-.`Ztr<c+ AIe,uRern tic a85t�o _
(mailing address of bank) � `\\`\a�uIJFS��i�
°~ 9�
Sworn to before me this 19 day of Oe+n b+r , 20J ,
= x NOTARY =
Notary Public I6tf1:`. 0 ;A6 d = PUBLIC
d r
My Commission Expires rsYc (Affix
Sermon..,.>n, ��tiSwtll co��"\�•�\\
PLEASE MAIL THIS FORM AND THE ATTACHED INSTRUMENT TO THE FOLLOWING
ADDRESS:
LAND QUALITY SECTION
1612 Mail Service Center
Raleigh, NC 27699-1612
Rev. Dec 2006

BB&RTn T • •
Branch Banking d Trust Co.
Mail Code: 164-014M-0
March 5, 2010 375 south From street(gesso)
P.O.Bon 12e0
New Barn,NC 28563
[phone]
Fox(252)637-7067
State of North Carolina
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699.1612
RE: Irrevocable Letter of Credit
-
Otway Sand Mine, Inc.
To Whom It May Concert:
Find enclosed the Irrevocable Letter of Credit, to the NC Department
of Environment and Natural Resources, for the benefit of the above
mentioned customer in the amount of S 12,200.00.
This letter of credit will have a final expiry date of March 3, 2011
with an annual renewal.
If you should have any questions, please do not hesitate to call.
Sinc
L. Th as, III
Vic president
252 35-7735
l accept the above letter of credit Ihis_day of , 2010.
NC Depamnent of Environment and Numrai Resources
BY:
Title:

0 •
IRREVOCABLE STANDBY LETTER OF CREDIT
LETTER OF CREDIT NO.: _
EFFECTIVE DATE: March 3. 2010
AMOUNT: /2' ).00
ISSUING INSTITUTION:
Branch Banking and Trust Company
Name
375 South Front Street
Address
New Bern NC 28560
City State Zip Code
Craven
County
BENEFICIARY:
State of North Carolina
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
APPLICANTIOPERATOR:
Otd.jq 5a..LLJ M7.. 3ar
Name
Address
New Bern NC 28562
City State Zip Code
Craven
County
Rev, Dec 2006 Page 1

Dear Sir or Madam:
(1) The APPLICANT/OPERATOR desires to engage in mining operations within the
State of North Carolina, under the provisions of the Mining Act of 1971, N. C. Gen. Stat.
74-46, et sea., and the administrative rules promulgated there under.
(2) N. C. Gen. Stat.,74-50 requires that operators engaged in mining shall first
obtain an operating permit from the N. C. Department of Environment and Natural
Resources ("DENR") which covers the affected land and which has not terminated, been
revoked, been suspended for the period in question, or otherwise become invalid. N. C.
Gen. Stat., 74-54 requires that each applicant for an operating permit, or for the renewal
thereof, shall file with DENR, and shall thereafter maintain in force, a bond in favor of the
State of North Carolina in an amount as prescribed by Title 15A N.C. Administrative Code
Subchapter 5B. 0003. N. C, Gen. Stat.,74-54 further provides that in lieu of the surety
bond, an applicant or operator may file with DENR a cash deposit, negotiable securities, or
an assignment of a savings account in a North Carolina bank.
(3) Thus, this IRREVOCABLE STANDBY LETTER OF CREDIT is issued to DENR,
in lieu of the surety bond required to be filed by the APPLICANT/OPERATOR, as provided
by N. C. Gen, Stat, 74-54.
(4) The undersigned hereby establishes its IRREVOCABLE STANDBY LETTER OF
CREDIT in favor of DENR, for the
account of C*Tv Sne.t ✓hL.r .
(APPLICA T/OPERATO )
for the amount of G.�- & aozla w :• H ud.J dollars and no
100's ($ i'). )co ), available by DENR's draft(s) drawn on sight.
(5) This IRREVOCABLE STANDBY LETTER OF CREDIT shall expire
on
(date at least one (1) year from effective date)
The expiration date shall be extended automatically for a period
Of one Year on March 3 . 2011 and
(one year or more) (expiration date)
Rev. Dec 2006 Page 2

on each successive expiration date, unless, at least sixty (60) days prior to the expiration
date, the undersigned notifies DENR and the OPERATOR by certified mail, return receipt
requested that the undersigned will not extend this letter of credit beyond the current
expiration date. If the undersigned notifies DENR that this letter of credit will not be
extended, any unused portion of the credit shall be available upon presentation of DENR's
sight draft within sixty (60) days after DENR's or the OPERATOR's receipt of such
notification, whichever is later.
(6) This IRREVOCABLE STANDBY LE77ER OF CREDIT is non-transferable.
(7) Draft(s) shall be marked "Drawn Under
Branch Banking and Trust Company Credit No. "
(Issuing Institution)
and shall include the following documentation:
(a) A signed certificate by DENR, referring to the effective date and
Number of this IRREVOCABLE STANDBY LETTER OF CREDIT, and
stating that:
"In accordance with N. C. Gen. Stat. 74-59, we have received a notice
of forfeiture of part or all of the Bond Amount. The amount of our
drawing does not exceed the amount of the forfeiture as set forth in
such notice.";
-or-
(b) A signed certificate by DENR, referring to the effective date and
Number of this IRREVOCABLE STANDBY LETTER OF CREDIT, and
stating that:
"We have received from RY_..ti
(Issuing Institution)
written notice stating (1)that this IRREVOCABLE STANDBY LETTER
OF CREDIT has not been renewed; and, (2) that the amount of our
drawing does not exceed the Bond Amount, less any previous
forfeitures thereunder, pursuant to notices received in accordance
with N.C. Gen. Stat..74-59.";
-or-
(c) A signed certificate by DENR, referring to the effective date and
Number of this IRREVOCABLE STANDBY LETTER OF CREDIT, and
stating that:
"We have received from Rranch Banking and Trust COMM
Rev. Dec 2006 Page 3

(Issuing Institution)
written notice stating (1) that there exists an Event of Default under
the Credit Agreement (as defined in the IRREVOCABLE STANDBY
LETTER OF CREDIT); (2) that a drawing should be made underthis
IRREVOCABLE STANDBY LETTER OF CREDIT; and, (3) that the
amount of the drawing does not exceed the bond amount, less any
previous forfeitures there under, pursuant to notices received in
accordance with N. C. Gen. Stat, 7459."
(6) This IRREVOCABLE STANDBY LETTER OF CREDIT is subject to the
Uniform Customs and Practice for Documentary Credits (1993 Revision), International
Chamber of Commerce Publication No. 500 and the laws of the State of North Carolina. In
the event of any conflict, the laws of the State of North Carolina will control.
(9) s h s yy,e d x �r y hereby agrees
(Issuing Institution)
with the drawers, endorsers, and bona fide holders that all drafts drawn under and in
compliance with the terms of this IRREVOCABLE STANDBY LETTER OF CREDIT will be
duly honored upon presentation to this banktissuing institution.
Very truly yours,
Branch Banking a Trust oapP i g Institution)
BY:
L. 1 Th mas, III
TITLE: i e resident
DATE:
Sworn and subscribed to before me this
the 3rd dayof March a,,,,o,,,•y
i sa TA/pL'
Notary Pu ,•
s e
My Commission Expires: Feb. 5 . 2011 's , 'ot16L+C (Bepg)
Date 9
"PLEASE MAIL THIS FORM TO:
LAND QUALITY SECTION, 1612 Mail Service Center, Raleigh, NC 2 769 9-1 61 2
Rev. Dec 2006 Page 4

• BRANCH BANKING AND TRUOOMPANY
ADDRESS: 375 5 FRONT STNEW BERN,NC 2R160.2133
PHONE NUMBER: 252439-7100 CONTACTNAME: LEERTHOMASIN
LETTER OF CREDIT NO
IRREVOCABLE STANDBY LETTER OF CREDIT DATE 03103n011)
AMING& K BPPLICANf
Branch Banking and Trust Company OTWAY SAND MINEINC
375 South Front Street IORPARTRIDGEDR
New Bern, NC 28560 NEW BERN,NC 28562-8698
BENEFICIARY A NT
NCDIBI of Eminnnumani Haunt PUNT u $12,200.00
1612 Mail SeniW Ct w
EYPFY DATE
03MI
RALI GFL NC 27699-1612 (FORPFEBENTATMM
ATOURC01MmR5
GENTLEMEN:
WE HEREBY EBTA ILIBN OUR IRREVOCABLE STANDBY LETER OF CREDIT IN YOUR FAVOR
AVAILABLE BY YOUR DRAFTUR Sight
OFAWN ON; 'BRAHOI BANKIF96TRV4TN.'
DRHFT(B)MUST BE MARKED--DRAWN UNDER BRANCH BANNING ANDTRUST COMPANY CK07 N0. 951221432800002
WHICH MUST BE ACCOMPANIED BY THIS LETTER AND THE FOLLOWING DOCUMENTATON'.
SPECIAL INSTRUCTIONS
A mtifed SUNN l evitlensing Be apPlitNB1 norvpertolmerce
m&II is Be IBM NALaRa on asprc.iou.ly weptBm by
NC DENR aM no ban BAIT ed in a timely BM MlisNI
THIS CREDIT 15 SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES OSPBBI, ICC PUBLICATION NO. 61m AND TO THE EXTENT NO
INCONSISTENT THEREWITH,AA9CLE 5 OF THE UNIFORM COMMERCIAL CODE OF THE STATE OF NORTH CABOLINA.
WE HEREBY ENGAGE WITH BENEFICIARY THAT DRAFTS PRESENTED IN CONFORMITY WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORS
ON PRESENTATION AT OUR COUNTERS AND THAT DRAFTS ACCEPTED WITHIN THE TERMS OF THI CREOIT WILL BE DULY HONORED UNTI
MATURITY.
VERY TRULY YOURS
BRANCH BANKING AND TRUST COMPANY
AUTIORIZEDSIGNATURE
ACCOUNTS/NOTEM I�IIII I1H�I 1412NC(0807) GOOo2 IIIIIIII IIIIII III IIII II IIIII. II IIII�I III IIIII PAGO

AGA
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
September 12, 2011
Certified Mail
Return Receipt Reauested
70D8 1300 0000 1125 6118
Mr. Lee Tripp
Otway Sand Mine, Inc.
108 Partridge Drive
New Bern, North Carolina 28562
RE: Otway Sand Mine (Superior Landworks Mine)
Permit No, 16-44
Carteret County
White Oak River Basin
Dear Mr. Tripp:
The review has been completed on the transfer request your company submitted for the
referenced mine site. However, the following is needed to continue processing your
application:
The reclamation band for this site has previously been calculated to be $12,200.00,
The bond will be required prior to approval of this transfer. You had previously submitted an
Irrevocable Standby Letter of Credit (No. 9512214328-00002) issued by BBBT in the amount
of $12,200.00. However, Ms. Kristine Liliestrand of BBBT has informed us that this letter of
credit has matured and been closed out. (Note that this letter of credit had an autorenewal
clause and the Department should have been notified prior to cancellation/close out of this
letter of credit). Please confirm that the above referenced letter of credit is still valid, or provide
a new reclamation bond for the site. Since the requested permit transfer has not yet been
processed, we have not yet accepted the above referenced letter of credit and are currently
holding the Assignment of Savings Account in the name of Superior Landworks, Inc.
For your convenience, I have enclosed a bond form, an assignment of a savings
account form and irrevocable standby letter of credit form for your use in securing the required
bond. The name on the security must be the same as the name appearing on the application
for a mining permit, i.e., Otway Sand Mine, Inc. In addition to one of these alternatives, you
may, upon request, substitute a cash deposit.
1612 Mail Service Center,Raleigh, North Carolina 27599-1612 • Telephone [phone]/FAX [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604•Intemet:hthoWwwwAlr.ennslatenc.uslpagesllandqualilysecdon.html
An Equal Opportunity I AlfirmaliveAcfim Employer-50%Recycled/iOY.Post Consumer Paper

• i
CERTIFIED MAIL
Mr. Tripp
Page Two
Please be advised that the transfer request cannot be completed until the new bond
amount has been received.
As required by G.S. 74-51 (h), you are hereby advised that you have 60 days from the
date of your receipt of this letter to submit the reclamation bond. 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.
In order to complete the processing of your transfer request, please forward the bond 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
Please contact me at [phone] if you have any questions.
Sincerely,
dolk C�C 'r�"'
Ashley L. Rodgers
Assistant State Mining Specialist
Land Quality Section
Enclosures: Bond Forms
cc: Mr. Dan Sams, PE
Mr. David Ballou, Superior Landworks, Inc., 660 Old Vanceboro Road, New Bern,
NC 28560
Mr. Ed Warren, Environmental Consulting and Training, 1178 Corey Drive, Williamston,
NC 27892

Rodgers, Ashley
From: Liljestrand, Kristine [e-mail]]
Sent: Thursday, September 08, 2011 2:26 PM
To: Rodgers, Ashley
Subject: RE: Otway Sand Mine, Inc. Letter of Credit
This letter of credit has matured and been closed out. I will need to touch base with Cameron
Stalling in regards to this tomorrow when he is back in the office.
Kristine Liljestrand
BBBT - Business Services Assistant
New Bern, NC
PH. (252) 638-7138
Fax (252) 637-7067
-----Original Message-----
From: Rodgers, Ashley fmailto:ashlev.rodgers(dncdenr.eovl
Sent: Thursday, September 08, 2011 2:09 PM
To: Liljestrand, Kristina
Subject: Otway Sand Mine, Inc. Letter of Credit
Please see attached scanned copy of the letter that we received with the original letter of
credit. Because we received this so long ago (March
2010) and haven't been able to accept it yet, we just need to know that the Letter of Credit
is still in full force and effect. We are ready to process the mine permit transfer to Otway
Sand Mine, Inc. once it is confirmed that the letter of credit is still good.
Thanks so much for your help. Please let me know if you have any questions or need
additional information.
Ashley Rodgers
Assistant State Mining Specialist
NCDENR Land Quality Section
1622 Mail Service Center
Raleigh, NC 27699
(919) 733-4574
(919) 715-8801 - fax
E-mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
-----Original Message-----
From: ashlev.rodeersOncdenr.eov rmailto:ashley.rodgersOncdenr.eovl
Sent: Thursday, September 08, 2011 2:06 PM
To: Rodgers, Ashley
Subject: Send data from MFP-07165797 [SCAN TO_E-MAIL] 09/08/2011 14:06
Scanned from MFP-07165797.
Ashley Rodgers
SCAN TO E-MAIL
Date: 09/08/2011 14:06
Pages:l
Resolution:200x20B DPI
----------------------------------------
1

Rodgers, Ashley
From: Rodgers,Ashley
Sent: Thursday, September 08, 2011 2:09 PM
To: 'kliljestrend@bbandtcom'
Subject: Otway Sand Mine, Inc. Letter of Credit
Attachments: D0003141Lp1f
Please see attached scanned copy of the letter that we received with the original letter of
credit. Because we received this so long ago (March 2010) and haven't been able to accept it
yet, we just need to know that the Letter of Credit is still in full force and effect. we
are ready to process the mine permit transfer to Otway Sand Mine, Inc. once it is confirmed
that the letter of credit is still good.
Thanks so much for your help. Please let me know if you have any questions or need
additional information.
Ashley Rodgers
Assistant State Mining Specialist
NCDENR Land Quality Section
1612 Mail Service Center
Raleigh, NC 27699
(919) 733-4574
(919) 715-8801 - fax
E-mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
-----Original Message-----
From: ashley.rodgerslincdenr.aov rmailto:ashlev.rodeersfdncdenr.Rovl
Sent: Thursday, September 08, 2011 2:06 PM
To: Rodgers, Ashley
Subject: Send data from MFP-07165797 (SCAN TO E-MAIL] 09/08/2011 14:06
Scanned from MFP-07165797.
Ashley Rodgers
SCAN TO E-MAIL
Date: 09/08/2011 14:06
Pages:l
Resolution:200x200 DPI
_______________________________
1

Wehner, Judy • '
From: Mills, Nick
Sent: Thursday, July 21, 2011 318 PM
To: Wehner, Judy
Subject: Mine 16-44
Attachments: Insp. 7-20-2011.doc
Mine 16-44 Superior Landworks inspection 7-20-2011
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.
�siabua�, permal.w.� gr. v�,dc6vc_ � a cer-fa��, d�
t

I
North Carolina#partment of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Superior Landworks 2. MINING PERMIT# 16-44
3. OPERATOR David Ballou C COUNTY Carteret
5. ADDRESS 660 Old Vanceboro Road New Bern,NC 28560
6. PERMIT EXPIRATION DATE 1 1-6-2014 7. RIVER BASIN white Oak
8. Person(s) contacted at site I David Ballou, Lee Trip
9. Was mine operating at time of inspection? ® Yes ❑ No 10, Pictures? ® Yes ❑No
11. Date last inspected: 1 5-26-2010 12. Any mining since last inspection? ® Yes ❑No
13. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ® No
If no,explain: Mine is in compliance with the condition that existing temporary ground cover(winter rye
which is dead) on the northwest mine slope and buffer is replenished with permanent ground cover.
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ®No
If no,explain: Mine is still active.
15. Did any of the above deficiencies result in offsite damage? ❑ Yes ® No
If yes,describe the type and severity of the damage:
16. Corrective measures needed and/or taken: Establish permanent ground cover on northwest mine slope
and buffer.
17. Other recommendations and comments: A buffer Approximately 25 foot has been restored with the
required fencing stated in operating condition #4. Temporary ground cover has been established on the
northwest mine slope and buffer. Mine is recommended for transfer if condition explained in #13 above is
placed on the new mine applicant.
18. Is the Annual Reclamation Report+I- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed
19. Follow-up inspection needed? ® Yes ❑ No Proposed date 9-29-2011
20. No. of additional pages of Inspection Report 0. 21, Copy of Report sent to operator 7-21-2011
INSPECTED BYJ Nicholas Mills DATE 7-20-2011
Telephone No: 910-796-7230
Copy to file Copy to operator Copy to Mining Specialist

Werner, Judy
From: Mills, Nick
Sent: Friday, December 10, 2010 11:22 AM
To: Wehner, Judy
Subject: Mine 1644 Superior Landworks Insp.
Attachments: Inspection 11-30-2010.doc; Mine 16-44 P2.jpg
The inspection attached an a picture of the restored buffer not yet stabilized.
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.
apolr� to N ck ia1�ti� io he «cxx' rnends 44 Yeahv,tid
b i bC 3+a6'l4htd w/ 5t.�c: Uat

. • v
,.

North Carolina PepartmentaPu of Environment and Nral Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Superior Landworks 2. MINING PERMIT # 16-44
3. OPERATOR David Ballou 4. COUNTY FCanercl
5. ADDRESS 660 Old Vanceboro Road New Bern,NC 28560
6. PERMIT EXPIRATION DATE 1 1-6-2014 7. RIVER BASIN I White Oak
8. Person(s) contacted at site David Ballou, Lee Trip
9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ® Yes ❑ No
11. Date last inspected: 5-26-2010 12. Any mining since last inspection? ® Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No
If no,explain: OC#5 All affected area boundaries shall be permanently marked at the site(20.18 acres)on
100_foot intervals unless the line of sight allows for larger spacing intervals. OC#4C_Mining activities shall be
conducted as indicated on the mine map as revised December 9 2003 with the stipulation that a minimum four
foot high wire fence with a top strand of barbed wire be installed as needed along the northwest side of the
mine within the 25 foot unexcavated buffer and a minimum 30 foot wide unexcavated section shall be left near
midway across the pit area. OC#1 1 An annual_reclamation report shall be submitted on a form supplied by-the
Department by February 1 of each year until reclamation is completed and approved.
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes ®No
If yes, describe the type and severity of the damage:
16. Corrective measures needed and/or taken:
17. Other recommendations and comments: A buffer Approximately 25 foot has been restored with the
required fencing stated in operating condition 44 above. It is recommended to monitor the ground cover and
slopes within this buffer until both are completely stabilized before recommended that Mine 16-44 is in
compliance with operating conditions.
18. Is the Annual Reclamation Report+/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed
19. Follow-up inspection needed? ® Yes ❑ No Proposed date 1-20-2011
20. No, of additional pages of Inspection Report 0. 21. Copy of Report sent to operator 12-10-2010
INSPECTED BY: Nicholas Mills DATE I '1-30-2010
Telephone No: 910-796-7230
Copy to file Copy to operator Copy to Mining Specialist

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North Carolina Itartment of Environment and NAI Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Superior.Landworks 2. MINING PERMIT 16-44
3. OPERATOR David Ballou i4. COUNTY I `'arteret
5..ADDRESS 660 Old Vanceboro Road New Bern,NC 28560
6. PERMIT EXPIRATION DATE .. '.- :2014 7. RIVER BASIN .. Wlnte Oak
8. Person(s) contacted at site I David Ballou,Lee 'Trip
9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ® Yes ❑ No
11. Date last inspected: 5-26-2010 42. Any mining since last inspection? ® Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No
If no, explain: OC#5 All affected area boundaries shall be permanently marked at the site(20.18 acres) on
100 foot intervals unless the line of sight allows for larger spacing intervals. OC#4C Mining activities shall be
conducted as indicated on the mine man as revised December 9 2003 with the stipulation that a minimum four
foot high wire fence with a top strand of barbed wire be installed as needed along the northwest side of the
mine within the 25 foot unexcavated buffer and a minimum 30 foot wide unexcavated section shall be left near
midway across the pit area. OC#11 An annual reclamation re ort shall be submitted on a form su lied by the
Department by Februaly 1 of each year until reclamation is completed and approved.
14. Is the mine in compliancefwithithe Reclamation Conditions of the Permit? ® Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes ®No
If yes, describe the type and severity of the damage:
16. Corrective measures needed and/or taken:
17. Other recommendations and comments: A buffer Approximately 25 foot has been restored with the
required fencing stated in operating condition #4 above. It is recommended to monitor the ground cover and
slopes within this buffer until both are completely stabilized before recommended that Mine 16-44 is in
compliance with operating conditions.
18. Is the Annual Reclamation Report+/- map accurate? ❑ Yes ❑ No(Explain) ® Not Reviewed
19. Follow-up inspection needed? ® Yes ❑No Proposed date 1-20-2.011
20. No. of additional pages of Inspection Report 0. 21. Copy of Report sent to operator 12-10-2010
INSPECTED BY:. Nicholas Mills DATE . 11-30-2010
Telephone No: 910-796-7230
Copy to file Copy to operator Copy to Mining Specialist

DEC 1 �D10
4llL� y�
fijgN

A
• ATA •
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Govemor
Director and State Geologist Dee Freeman,Secretary
June 17, 2010
Certified Mail
Return Receipt_Rec1uested
7008 1300 0000 1127 4600
Mr. Lee Tripp
Otway Sand Mine, Inc.
108 Partridge Drive
New Bern, North Carolina 28562
RE: Superior Landworks Mine
Permit No. 16-44
Carteret County
White Oak River Basin
Dear Mr. Tripp:
We have reviewed the transfer request your company submitted for the referenced mine
site, However, the following information is needed to continue processing your application.
1. A field inspection on May 26, 2010 revealed that the above referenced mine was
not in compliance with the operating conditions of mining permit no. 16-44. The
mining permit may not be transferred until the site has been brought back into
compliance. Provide proof that the issues raised by the enclosed inspection
report have been fully addressed and that all necessary corrective actions have
been completed.
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:
1612 Mail Servioe Center,Raleigh,North Carolina 27699-1612 • Telephone [phone] FAX:[phone]
512 North Salisbury Street,Raleigh, North Carolina,27604•Intemet:httpJNmw.dlr.enr.state.nc.uslpageslfandqualitysection.html
An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Certified Mail
Mr. Tripp
Page Two
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,
Ashley L. Rodgers
Assistant State Mining Specialist
Land Quality Section
Enclosure: May 26, 2010 Inspection Report
cc: Mr. Dan Sams, PE
Mr. David Ballou, Superior Landworks, Inc., 660 Old Vanceboro Road, New Bern,
NC 28560
Mr. Ed Warren, Environmental Consulting and Training, 1178 Corey Drive, Williamston,
NC 27892

North Carolinopartment of Environment and NWal Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Superior Landworks 2. MINING PERMIT# 16-44
3. OPERATOR David Ballou
4. COUNTY Carteret 5. ADDRESS 660 Old Vanceboro Rd New Rem, INC 28560
6. PERMIT EXPIRATION DATE 1/62014 7. RIVER BASIN White Oak
8. Person(s)contacted at site No one on-site
9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? [:) Yes ®No
11. Date last inspected: 4.28.10 12. Any mining since last inspection? ® Yes ❑No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No
If no, explain: #4C: Mining activities have not been conducted as indicated on most recent mine map. A
minimum four-foot high wire(top wire being barbed) fence must be erected along the northwest side of the
mine within the 25 foot unexcavated buffer. #413: Miniiig activities shall occur in such a manner as to as to
maintain a minimum three horizontal to one vertical or flatter slope along all perimeter pit slopes. #5: Mine
boundaries shall be permanently marked on 100-foot intervals. Sufficient buffer(25 foot unexcavated) must
be maintained between any excavation and mining permit boundary to protect adjacent property.
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ®,Yes ❑No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes ® No If yes, describe the
type and severity of the damage:
16. Corrective measures needed and/or taken: 1. Immediately maintain the buffer alone the Northwest
boundary of pit by,grading the slopes of the pit—internal-to a 3;1 slope and erecting the fence as indicated in
the operating conditions of the permit.
17. Other recommendations and comments: Upon further investigation in response to permit
transfer request. it has been noted that the northwest boundary of the pit has not been maintained according the
permit conditions. The transfer of ownership to Otway Sand Mine, Lee Tripp cannot be completed until the
northwest boundary has been corrected The center of the oath is the property line Immediately repair and
maintain a 25' undisturbed buffer between the center of the road and excavated area Also,be sure to install
the fence as directed in Permit conditions. Failure to take corrective action may result in the issuance of a
" Notice of Deficiency" letter upon next inspection date.
18. Is the Annual Reclamation Report+I. map accurate? ® Yes ❑ No (Explain) Not Reviewed
19. Follow-up Inspection needed? 2 Yes ❑ No Proposed date November 2010_
20. No, of additional pages of Inspection po 0 . 21. Copy of Report sent to operator 6.2,_10
INSPECTED BY: Paul Worthington j DATE 5.26.10
Telephone No: [910) 796.7215
Copy to file Copy to operator - Copy to Mining Specialist
JuN 07 zoo

North Carolina Department of Environment and Nalral Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Superior Landworks 2. MINING PERMIT# 16-44
3. OPERATOR David Ballou
4. COUNTY Carteret 5. ADDRESS 660 Old Vanceboro Rd New Bem,NC 28560
6. PERMIT EXPIRATION DATE 1/6/2014 7. RIVER BASIN White Oak
8. Person(s) contacted at site No one on-site
9. Was mine operating at time of Inspection? Yes ❑ No 10. Pictures? ❑Yes N No
11. Date last inspected: 4.28.10 12. Any mining since last inspection? ® Yes ❑No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes N No
If no, explain: #4C: Mining activities have not been conducted as indicated on most recent mine map. A
minimum four-foot high wire (top wire being barbed) fence must be erected along the northwest side of the
mine within the 25 foot unexcavated buffer. #4D: Mining activities shall occur in such a manner as to as to
maintain a minimum three horizontal to one vertical or Flatter slope along all perimeter pit slopes. #5: Mine
boundaries shall be permanently marked on I00-foot intervals. Sufficient buffer(25 foot unexcavated) must
be maintained between any excavation and mining permit boundary to protect adjacent property.
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ®Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes ®No If yes, describe the
type and severity of the damage:
16. Corrective measures needed and/or taken: 1. Immediately maintain the buffer along the Northwest
boundary of pit by pradingthe slaves of the pit—intern I-to a 3:1 slope and erectirly,the fence as indicated in
the operating conditions of the permit
17. Other recommendations and comments: Upon further investigation in response to permit
transfer request, it has been noted that the northwest boundary of the pit has not been maintained according the
permit conditions. The transfer of ownership to Otway Sand Mine, Lee Tripp cannot be completed until the
northwest boundary has been canceled. The center of the path is the property line. Immediately repair and
maintain a 25' undisturbed buffer between the center of the road and excavated area. Also,be sure to install
the fence as directed in nermit conditions. Failure to take corrective action may result in the issuance of a
"Notice of Deficiency" letter upon next inspection date.
18. Is the Annual Reclamation Report+/- map accurate? N Yes ❑ No (Explain) ❑ Not Reviewed
19. Follow-up inspection needed? (Dyes [7]No Proposed date November 2010
20. No. of additional pages of Inspection Repo t 0 . 21. Copy of Report sent to operator 6.2.I0
INSPECTED BY: Paul Worthington DATE 5.26.10
Telephone No: [phone]
Copy to file Copy to operatorE CE IVEC' Copy to Mining Specialist
JUN o7 201C
1..4N1101W ITY SaCTION

Rodgers, Ashley
From: Worthington, Paul
Sent: Tuesday, May 18, 2010 4:14 PM
To: Rodgers, Ashley
Subject: 16-44: Otway Mine
Ashley,
I just received a call from Anita Kimble, adjacent landowner of the pit. She is concerned that excavation has encroached
the buffer and is undermining the "existing soil road" which the center is the property line. After taking a closer look at
the map, I will agree that the buffers have been exceeded, but not to the extent that it would be undermining the road.
I referred her to you because she had a lot of other permitting issues and I thought you may be able to better answer
some of her questions. Meanwhile, she was going to call me back. I thought your talking to her directly maybe helpful
in your issuing the transfer they have requested.
In the event that the buffer has been exceeded, what would you recommend the action be? I have thought about
issuing an NOD for failure to maintain buffer and give them a deadline for reclamation in that area. But am unsure of
whether that is appropriate. Currently they are working to slope that particular bank away from the road in question by
bringing material from inside the pit. Would an NOD ensure they keep doing so? Just wanting some feedback...
'hi`Ocl 'r1 Qn „,-0M41
Nevermind....Thankslll Vu"s ku be QKQd,
ns''i c
Paul Worthington, C.P.E.S.C.
Environmental Specialist c(,p 4;;a 4x/.m'( due 1�111 fio.�twc1�C..
North Carolina Department of Environment and Natural Resources fi 0__�,u
Land Quality Section l -
Wilmington Regional Office j, "( j R 00 I?V d. O..
-nyo-/+s-rY e Ale, fills/lo
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.
t

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• ED WARREN 0
ENVIRONMENTAL CONSULTING AND TRAINING
1178 Corey Drive
Williamston, NC 27892
May 13, 2010
Mrs. Ashley Rodgers
NC DENR-Land Quality Section
1612 Mail Service Center
Raleigh, NC 27699-1612
Subject: Maps for Permit No. 16-44 Transfer to Otway Sand Mine, Inc.
Dear Mrs. Rodgers:
Two copies of the current maps for the subject permit transfer are enclosed and submitted
on behalf of my client, Lee Tripp.
Thank you for your prompt attention to this matter. If you have any questions, please give
me a call.
SinPL�
Ed Warren, Consultant
Cc: Lee Tripp tt^^9� fr-'`r��(
6` E
Mav k s aoa
iV�^tl QUALITY F,, oN
Office [phone] [e-mail] Cell [phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverty Eaves Perdue,Govemor
Director and State Geologist Dee Freeman, Secretary
May 7, 2010
Certified Mail
Return Receipt Requested
7008 1300 0000 1124 0858
Mr. Lee Tripp
Otway Sand Mine, Inc.
108 Partridge Drive
New Bern, North Carolina 28562
RE: Superior Landworks Mine
Permit No. 16-44
Carteret County
White Oak River Basin
Dear Mr. Tripp:
We have reviewed the transfer request your company submitted for the referenced mine
site. However, the following information is needed to continue processing your application-
1. The map submitted to us with your transfer request was an old copy of the mine
map and is significantly different from the approved mine map for this site. The
current approved mine map was last revised on December 9, 2003 and shows
additional necessary sediment traps, etc. Please submit an up to date mine map
that is consistent with the approved mine map on file. Also, revise the mine map
to list the requested permittee (Otway Sand Mine, Inc.) and mine name (Otway
Sand Mine).
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:
1612 Mail Service Center, Raleigh,North Carolina 27699-1612 • Telephone [phone] FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina,27604•Internet:http://www.dlr.enr,slate.nc.ustpagesllandqualitysection.html
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Past Consumer Paper
1
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Certified Mail
'Mr. Tripp
Page Two
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.
Sii)c'erely,
Ashley L. Rodgers
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Dan Sams, PE
Mr. Ed Warren, Environmental Consulting and Training, 1178 Corey Drive, Williamston,
NC 27892

North Carolina fe P artment of Environment and N tu al Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME _ Superior Landworks_ _ 2. MINING PERMIT# 16-44
3. OPERATOR David Ballou
4. COUNTY Carteret 5. ADDRESS 660 Old Vanceboro Rd New Bern,NC 28560
6. PERMIT EXPIRATION DATE 1/6/2014 -7. RIVER BASIN White Oak
8. Person(s) contacted at site no one on-site
9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ❑ Yes ®No
11. Date last inspected: 3.26.09 12. Any mining since last inspection? ® Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ®Yes ❑ No
If no, explain:
14. Is the mine in compliance with the Reclamation Conditions of the Permit? E Yes ❑No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes ®No If yes,describe the
type and severity of the damage:
16. Corrective measures needed and/or taken _
17. Other recommendations and comments: Be sure to maintain the aravel construction entrance to
avoid tracking onto the state maintained road. Also,maintain all buffer zones.-Allow enough space within
buffer so that the slopingof f the banks to the angle sufficient for g oundcover establishment is available. It
appears reclamation has started in some inactive areas.
18. Is the Annual Reclamation Report+/- map accurate? ® Yes ❑ No (Explain) ❑ Not Reviewed
19. Follow-up inspection needed? ❑ Yes ®No Proposed date
20. No.of additional pages of Inspection Report 0 21. Copy of Report sent to operator 5.4.10
INSPECTED BY: Paul Worthington._ r1111W DATE 4.28.10
Telephone No: (9 10) 796.7215
Copy to file Copy to operator Copy to Mining Specialist
RECEIVED
MAY a B 2010
LANb Qi1ALRY SECTION

Rodgers, Ashley
From: Worthington, Paul
Sent: Thursday, April 22, 20104:22 PM
To: Rodgers, Ashley
Subject: RE: Superior Landworks/Otway Transfer
Ashley,
I went out to the mine yesterday. They have always been in compliance with us and do not believe there are issues with
DWQ. I spoke with Lee Tripp who wants the permit in his name. Please let me know if you need anything else.
Thanks,
Paul
Paul Worthington
Environmental Specialist
North Carolina Department of Environment and Natural Resources
Land Quality Section
Wilmington Regional Office
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Rodgers, Ashley
Sent: Tuesday, April 20, 2010 2:55 PM
To: Worthington, Paul
Subject: Superior Landworks/Otway Transfer
Paul,
Did you have any comments on this transfer? Any field issues or enforcement issues (either with us or DWQ)?
Let me know! I'll be out in the field tomorrow, but I should be in the rest of the week.
Thanks,
Ashley Rodgers
Assistant State Mining Specialist
NCDENR Land Quality Section
1612 Mail Service Center
Raleigh, INC 27699
[phone]
IS 19)715-8801-fax
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
1

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NORTH CAROLINA
MINING PERMIT APPLICATION
RECEIVe
MAR 23 &1
LAND GUALIT`
MINING PRDGRA"
State of North Carolina
Department of Environment
and Natural Resources
Division of Land Resources
Land Quality Section
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
[phone]
Revised: January 30,2008

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APPLICATION FOR A MINIM;PERMIT •
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine Otwav Sand Mine (name change) County Carteret
River Basin White Oak
Latitude (decimal degrees to four places) 43.7681
Longitude (decimal degrees to four places) 76.5583
2. Name of Applicant* OlwAy Sand Mine. Inc (ownership change)
3. Permanent address for receipt of official mail** 108 Partridge Drive, New Bem,NC 28562
Telephone [phone] Alternate No. ( )
4. Mine Office Address 108 Partridge Dr..New Bem.NC 28562
Telephone [phone]
5. Mine Manager Lee Tripp
We hereby certify that all details contained in this Permit Application are true and correct to the beat of our
knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit
revocation.
+++Signature o 1,4 � Date Q- 21 -Id
Print Name_ Lec Tripp
Title President
+ This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond (security)that corresponds to this site.
++ The Land Quality Section must be notified of any changes in the permanent address or telephone number.
+++ Signature of company officer required.
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a
complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any
supplemental information required by the Department. All questions must be addressed and all required maps
provided before this application can he considered complete. Attach additional sheets as needed.

.! . t :b:. .1'. '' ::

APPLICATION FOR A MININAERMIT
NOTE: All of the following questions must be thoroughly answered regarding your mining operation for
the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
1. Answer all of the following that apply:
❑ if this is an application for a NEW permit, indicate the total acreage at the site to be covered by the
permit(this is the acreage that te'new permit" fee will be based upon):
Of this acreage, how much is owned and how much is leased? Acres owned:
Acres leased: Property owner if leased:
❑ If this is an application for RENEWAL of a mining permit,indicate the mining permit number and
the total (overall) acreage covere y e existing permit: Mining Permit No.:
Total permitted acreage (this is the acreage that the "renewal" fee will be based upon):
❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit
number and the.total (overall)acreage covered y the existing permit.
Mining Permit No.: I Total permitted acreage:
Doe a modification involve acreage within the previously approved permitted boundary?
Yes Non. If des, indicate the acreage to be covered by this modification(this is the acreage
that the "major modification" fee will be based upon):
Doe a 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).
Of this acreage to be added to the permit,will any portioH
f this a age be affected(i.e.:disturbed,
ground cover removed)by the mining operation? Yes No rl(If no,a"minor modification"
fee of$100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the
acreage to be affected within the acreage to be added to the permit(the total acreage to be added to
the permit is the acreage that the "major modification" fee will be based upon):
® If this is an application for TRANSFER of a mining permit,indicate the mining permit number and
the total (overall) acreage covered yet the existing permit.
Mining Permit No.: 16-44 Total permitted acreage: 20.1 S
SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE
PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED
ABOVE
2. Name of all materials mined: Sand
3. Mining method:
Hydraulic Dredge ® Front-end Loader& Truck Z Shovel & Truck
Dragline& Truck Self-loading Scraper
Other(explain): __ Excav taraand Truck_
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)
NgMal Ground Level --
b. Expected average depth of mine(feet) 30
-2-

y.
.. .. i

APPLICATION FOR A MININPERMIT
5. Has any area(s)at this site been mined in the past? Yes ® No ❑
If yes,when and byy whom was this activity conducted? Su erior Landworks Inc. since Permit#16-44
issued on 1/6/2004.
6. Number of years for which the permit is requested (10 years maximum): Remainder of Permit Term
B. MAPS
1. Clearly marls and label the location of your mining operation on six co ies of a 7.5-minute quadrangle
and a county highway map. These maps, in addition to six{61 conies of a nine maps and reclamation
maps, must be submitted with each permit application.
7.5-minute quadrangles may be obtained from the N.C. Geological Survey:
Mailing Address: Physical Address:
1612 Mail Service Center OR 512 North Salisbury Street, 5t' Floor
Raleigh,North Carolina 27699-1612 Raleigh,North Carolina 27604
[phone]
www.�c:ulu�,Y.uttr.�f.etc;.i�c;.usf
County highway maps may be obtained from the N.C. Department of Transportation:
North Carolina Department of Transportation—Geographic Information Systems (GIS)
Mailing Address: Ph.1sical Address-
NCDOT GIS Unit N DOT GIS Unit
1587 Mail Service Center 3401 Carl Sandburg Court
Raleigh,North Carolina 27699-1587 Raleigh, North Carolina 27610
[phone]
"r%%AV nrrint nrnlitlner(`nntartC�efg�tit.htmf
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 perMiL All maps must be
of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a
minimum:
a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located
including easements and rights-of-way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.
d. Outline and width of all buffer zones(both undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
f. Outline and acreage of all stockpile areas.
gg Outline and acreage of all temporary and/or permanent overburden disposal areas.
h. Location and acreage of all processing plants(processing plants may be described as to location and
distance from mine if sufficiently far removed).
i. Locations and names of all streams, rivers and lakes.
Outline and acreage of all settling and/or processing wastewater ponds.
Location and acreage of all planned and existing access roads and on-site haul roads.
1. Location of planned and existing on-site buildings.
m. Location and dimensions of all proposed sediment and erosion control measures.
n. Location of l 00-year floodplain limits and wetland boundaries.
o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of
the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of
the mining permit boundary, must be provided on the mine map.
-3-

APPLICATION FOR A MINING'PERMIT •
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands
or operation during regular business hours for the purpose of malting necessary field inspections or investigations as
may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56.
We further grant to the Department or its appointed representatives the right to make whatever entries on the
land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry
out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S.
74.59.
LANDOWNER: APPLICANT:
Signature: Y..� Signature:*
Print Name: Lee Tripp. President Print Name: Lee Trion
(Title, if applicable)
Company Otway Sand Mine Inc. Title: President
(If applica e)
Address: 108 Partridne Dr, Company: Otwav Sand Mine- Inc.
New Bern.NC 28562 Mine Name: O(wav Sand Mine
Telephone: [phone] Telephone: [phone]
Date Signed: 2-21 - /0 Date Signed: d-p I-M
*Signature must be the same as the individual who signed Page 1 of this application.
One oriebuill and five 5 co ies of the completed s licatioo six 6 cot of all Loco 'on ma mine Mang
an reclamation ma s an teappropriate rocessm fee(see next page or ee sch u e)in Itictorin a checU
or money o er pays a to a orl arolma apartment of Environment and Natural Resources must be
Scalia the Land Ouelity Section Central Office at the address listed on the front cover of this application
form.
Inquries regarding the status of the review of this application should be directed to the Mining Program staff at
(9q9) 7334574.
- Is -

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February 18, 2010
State Mining Specialist
NC Division of Land Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Subject: Permit No. 16-44 Transfer of Ownership and Mine Name Change
Dear Sir:
This request is to transfer the subject permit to Otway Sand Mine, Inc.and to change the name of the
mine to Otway Sand Mine. As President of Otway Sand Mine, Inc., 1, Lee Tripp, agree to abide by all
conditions of the permit after transfer and accept any and all responsibilities and liabilities with respect
to the Mining Act of 1972,
Enclosed are applicable parts of the mining permit application form, mine maps, letter from existing
permittee,the $100.00 processing fee made payable to the Department of Environment and Natural
Resources and a new security/bond form.
If you have any questions, please contact me at the address below or my consultant at Ed Warren,
Environmental Consulting and Training, 1178 Corey Drive, Willlamston, NC 27892, phone [phone],
email-edwarrenPsuddenlink.net.Also, please copy Mr. Warren on all correspondence related to this
request.
Thank you for your attention to this request.
Sincerely,
Ot J
Lee Tripp, President
Otway Sand Mine, Inc.
SDB Patridge Drive
New Bern, INC 28562
Phone (252)S14-1468
Enclosures
Cc: Ed Warren

February 18, 2010
State Mining Specialist
NC Division of Land Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Subject: Request from Current Permittee of Permit No. 16-44 for Transfer of
Ownership and Mine Name Change
Dear Sir:
This request is to transfer the subject Permit Number 16-44 for Superior Landworks Mine as issued to
Superior Landworks, Inc.to Otway Sand Mine, Inc. and to change the name of the mine to Otway Sand
Mine.As President of Superior Landworks, Inc., I, Dewey Haye,agree to this transfer to the new owner
and agree to abide by the conditions of the permit until transfer is complete.
If you have any questions,please contact me at the address below or my consultant at Ed Warren,
Environmental Consulting and Training, 1178 Corey Drive,Williamston, NC 27892, phone[phone],
[e-mail]. Also, please copy Mr.Warren on all correspondence related to this
request.
Thank you for your attention to this request.
Sincerely,
Dewey Haye, President
Superior Landworks, Inc.
660 Old Vanceboro Rd.
New Bern, NC 28560
Phone [phone]
Enclosures
Cc: Ed Warren

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` North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Superior Landworks 2. MINING PERMIT # 16-44
1 OPERATOR David Ballou
4. COUNTY Carteret 5. ADDRESS 660 Old Vanceboro Rd New Bern,NC 28560 _
6. PERMIT EXPIRATION DATE 1/6/20I4 n 7. RIVER BASIN White Oak
8. Person(s) contacted at site no one on-site
9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ❑ Yes ® No
11. Date last inspected: May 2008 12. Any mining since last inspection? ® Yes ❑No
13. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑No
If no, explain:
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes ®No If yes,describe the
type and severity of the damage:
16. Corrective measures needed and/or taken:
17. Other recommendations and comments: Be sure to maintain the gravel. construction_entrance to
avoid tracking onto the state maintained road. Recently submitted ARR and Mine Map accurately reflect site
conditions.
18. Is the Annual Reclamation Report+/- map accurate? ® Yes ❑ No (Explain) ❑ Not Reviewed
19. Follow-up inspection needed? ❑Yes ®No Proposed date
20. No. of additional pages of Inspection Report 0 21. Copy of Report sent to operator 3.30.09
INSPECTED BY: _ Paul Worthington DATE 3.26.09
Telephone No: [phone]
Copy to file Copy to operator Copy to Mining Spccialist
RECEMV_.
APR 0 3 2009
LAND QUALITY SECTION

I
North Carolina Department of Environment and Natural Resour es, �I
Division of Land Resources, Land Quality Section Wili n. aAAR3
MINE INSPECTION REPORT
(PERM TTED MINE) l�l:'��uw_ii;sEt flq
1. MINE NAME 1� r, Akvbt irs 2. MINING PERMIT t t
3. OPERATOR .) .I 4. COUNTY
5. ADDRESS rr enu to1�1 . J n < 'J SIaO
6. PERMIT EXPIRATION DA E o •/ 7. RIVER BASIN t
8. Person(s) contacted at site . "I
9. Was mine operating at time of inspection? Al Yes ❑ No 10. Pictures? ❑ Yes No
I1. Date last inspected: r) / I I / 06 12. Any mining since last inspection? .r Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? WYes Cl No
If no, explain:
14. Is the mine in compliance with the Reclamation Conditions of the Permit? R Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes No If yes, describe the
type and severity of the damage:
16. Corrective measureneeded and/or taken:
17. Other recommendations and comments:
I8. the Annual RecInan n epoft +/-map accurate? ❑ Yes o (Expl�rQ) ❑ Not Reviewed
a Si S.l.a,: l . I P� on �] •� ¢lN,; s �1 � rs
19. Follow-up inspection needed? O Yes No Proposed date —J•—d-
20. No. of additional pag § of Inspection Reportl. Copy of Report sent to operator / td / 08
/ (date)
INSPECTED BY: s �' r.. .'hn DATE S / 7 1
Telephone No: f AIU
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons,PG, PE Michael F.Easley,Governor
Director and State Geologist William G.Ross Jr.,Secretary
August 2, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BOND CANCELLATION & FORFEITURE NOTICE
7003 1680 0000 1484 3955 7003 1680 0000 1484 3948
Mr. Dewey Haye Ms. Deborah Baine Woodard
Superior Landworks, Inc. . Wachovia Bank, NA.
660 Old Vanceboro Road Standby UC Department, Auto Section
New Bern, North Carolina 28560 401 Linden Street First Floor
Winston-Salem, North Carolina 27101-0045
RE: Superior Landworks Mine
Permit No. 1 fi-44
Carteret County
White Oak River Basin
Dear Mr. Haye and Ms. Woodard:
This office has received notification of Wachovia Bank, NA's intent to cancel Superior
Landworks, Inc.'s $12,200.00 mine reclamation-bond (Irrevocable Standby Letter of Credit
SM205760W). The effective date for cancellation of this bond is October 29, 2007.
Please note that if the bond is not reinstated or replaced by September, 29, 2007, the
mining permit will be automatically revoked (G.S. 74-50(c)). Thus, all mining activities must
cease and the entire mine site must be completely reclaimed. Should any further miming
activities occur at the site after this date, such activities will be considered mining without a
permit and subject to further enforcement action, such as civil penalties and injunctive relief.
As a surety is required to maintain the validity of the mining permit, please arrange to
substitute this bond. I am enclosing another surety form, an assignment of savings account
form and an irrevocable standby letter of credit form, any of which may be used to replace the
existing surety.
Please be advised that this reclamation bond must remain in full force and effect until it
is reinstated or replaced, or the site is completely reclaimed and deemed releaseable by the
Department. A review of our records indicates that the mining permit for the above referenced
mine site is still active and, therefore, a valid mine reclamation bond is still required until all
outstanding reclamation obligations have been met at the site.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina 27604
An Equal opportunity t Affirmative Action Employer—50%Recycled t 10%fit Consumer Paper

CERTIFIED MAIL
Mr. Haye and Ms. Woodard
Page 2
If a substitute reclamation bond is not received by this office within this deadline, or if
reclamation of the site has not commenced and is proceeding in a timely manner by this
deadline, this matter will be referred to the Attorney General's Office for initiation of bond
forfeiture proceedings under G.S. 74-56(d) to ensure proper reclamation of the mine site(s). In
addition, failure to address the terms of this Notice may result in the assessment of civil
penalties and/or injunctive relief against the permittee. -
Please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 73341574
as soon as possible to convey your intentions in this matter. Your cooperation will be greatly
appreciated.
Sincerely,
, n4
Floyd R. Williams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRWQw
Enclosures: Bond Forms
I cc: Mr. Dan Sams, PE
Ms. Nancy Reed Dunn, Esq., Attorney General's Office
Ms. Lacy Smith, Attorney General's Office

State of North Carolina
Department of Environment and Natural Resources
Division of Land Resources
ANNUAL RECLAMATION REPORT FOR 2006 CALENDAR YEAR
North Carolina General Statutes 74-55 and the Mining Regulations require that'The mine operator shall, by February 1 of each
year during the life of the permitted operation,and within 30 days of completion or termination of mining on an area under permit
file with the Department a mining reclamation report on a forth prescribed by the Department"
PLEASE PRINT OR TYPE
Name of Mine L.�h oars County: CH-)4tC_t Mining Permit No.:
�rNE ,[
Mining Permit Expiration Date: I'6 -26 Lr River Basin Name: Ci 1�7ye O'��G
Name of Company/Owner onl!Permit Document:����'ynZ-
Official Mailing Address:
City: /llAbi hex" /�/-C Zip Code: 2oksW
Telephone: (ZS2) G 3F"2/.SZ Check if change of address or telephone: ❑
1. If mine is now inactive, when did mining stop? ate:
Is this stoppage permanent? es — No
If yes, do you wish to have this mine site released from your reclamation bond? _Yes No
2. Was new land affected in 2006? / , released
— No
If yes, how much? �. �f acres
Is map on file current? Yes _ No
If not, submit updated map showing affected acreage.
3. Estimate land to be newly disturbed by mining in the 2007 calendar year: Z acres
Check here if no new acreage is to be affected in 2007: ❑
'4. List by category the total amount of disturbed and unreclaimed land present at this site at the end of
the 2006 calendar year.
(A) TAILINGS PONDS: acres (D) PLANT AREA: acres
(B) STOCK PILES: acres (E) MINE EXCAVATION: acres
(C) `WASTE PILES: acres TOTAL DISTURBED
G.I6
AREA Q SITE: acres
`NOTE: WASTE PILES should include overburden storage/disposal areas and berms.

5. State and describe the amount and type of reclamation carried out in the 2006 calendar year:
1�kkleP6l( D A) �)eiClA77fJT'ff On lUdt-A G)Ud /r'/LO/
Ak e f� E-fi-1 �- S'iez n �r A
Check here if no reclamation completed in 2006: ❑
Signature of Company Officer/Owner:
Print Name: n��P/✓rc� A44ye
Title: 4e
Date: .2/S--67
'Complete and return by February 1, 2007 two copies of this form along with two copies of an
updated mine map (see note below) for each permitted mining operation to:
Land Quality Section
DENR
1612 Mail Service Center
Raleigh, NC 27699-1612
IFAILURE TO FILE THIS FORM BY THE DATE SPECIFIED MAY RESULT IN THE ASSESSMENT OF
CIVIL PENALTIES AND COULD RESULT IN THE REVOCATION OF YOUR MINING PERMIT.
SHOULD YOU HAVE ANY QUESTIONS, PLEASE CALL [phone].
NOTE: If your operation was idle in 2006, or no new acreage was affected by mining, and no areas
were reclaimed in 2006, you do not have to send an updated mine map. Also, if you have
completed a permit action since January 1, 2006 (which involved updating your mine map),
you do not have to send an updated mine map. However, the blue report form must be
completed for all mines under permit
MAR 16 2007
LAND QUALITY SFC_ TIO1�!
1.900 Wples of Mis public tloa7nt vroM pnnIW at a cost cf St33 7a or E.07 per copy. I Wd
DERARTMENTDF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES-LAND QUALITY SECTION
1

TRANSMISSION VERIFICATION REPORT
TIME 07/23/2007 08:32
NAME NC DENR DLR
FAX [phone]
TEL [phone]
SER. # xxxxxxzxxxxx
DATE:TIME 07/23 08:30
FAX NO./NAME 919103502018
DURATION 00:02:29
PAGE(S) 02
RESULT OK
MODE STANDARD
ECM

North Carolina Department of Environment and Natural Resources
Division of Land Resources - Land Quality Section Mining Program
1612 Mail Service Center, Raleigh, North Carolina 27699
[phone] Fax: [phone]
FAX COVER SHEET
EET
FAX NUMBER TRANSMITTED TO: 9/0 • 301=6
To: ban '74wr
Of aid,I &46
From: l IL WA)Aw
RE:
Date: n 1As a
COMMENTS: CO3J&&f AJ
�t t� * l/I. , �
*IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT(919)7334574.

1
North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
RIECEIVED
MINE INSPECTION REPORT JAN 27 2905
(PERMITTED MINE)
LAN[)au,ar_jnr sEcTEarl
1. MINE NAME_Superior Landworks 2. MINING PERMIT# 16-44
3. OPERATOR David Ballou
4. COUNTY Carteret 5. ADDRESS 660 Old Vanceboro Rd New Bern NC 28560
6. PERMIT EXPIRATION DATE 1/6/2014 7. RIVER BASIN White Oak
8. Person(s) contacted at site David Ballou
9. Was mine operating at time of inspection? ❑Yes M No 10. Pictures? ❑ Yes ®No
II. Date last inspected: 12/15/04 12. Any mining since last inspection? ® Yes ❑No
13. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑.No
If no, explain:
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes ®No If yes,describe the
type and severity of the damage:
16. Corrective measures needed and/or taken:
17. Other recommendations and comments:
i
18. Is the Annual Reclamation Report+/- map accurate? ❑ Yes 0 No(Explain) ❑ Not Reviewed
New Mine
19. Follow-up inspection needed? ❑ Yes ®No Proposed date
20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator 1/26/05
INSPECTED BY: Trentt James DATE 1/24/05
Telephone No: [phone] _
Copy to file Copy to operator Copy to Mining Specialist

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Lapd Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Superior Landworks 2. MINING PERMIT# 16-44
3. OPERATOR David Ballou
4. COUNTY Carteret 5. ADDRESS 660 Old Vanceboro Rd New Bern,NC 28560
6. PERMIT EXPIRATION DATE 1/6/2014 7. RIVER BASIN White Oak
8. Person(s) contacted at site David Ballou
9. Was mine operating at time of'inspection? ® Yes ❑ No 10. Pictures? ❑ Yes ® No
11. Date last inspected: 01/24/05 12. Any mining since last inspection? ®Yes ❑No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑Yes ®No
If no, explain: _ #4C. Mining activities shall be conducted as indicated on the mine map last revised
December 9,2003.—The gravel face has not been installed on the sediment trap check dams as detailed on the
Approved plan _
14. Is the mine in compliance with the Reclamation Conditions of the Permit? N Yes ❑No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes ®No If yes, describe the
type and severity of the damage: N/A Potential turbid water is leaving the site. Unable to determine if
suspended particles are below the designed particle size criteria. _
16. Corrective measures needed and/or taken: Install F-ravel face on check dams of sediment traps.
17. Other recommendations and comments: Be sure to maintain ;_gavel construction entrance to
avoid tracking material onto the state road _
18. Is the Annual Reclamation Report+1- map accurate? ® Yes ❑ No (Explain) ❑ Not Reviewed
19. Follow-up inspection needed? ® Yes ❑No Proposed date__ May 16, 2005
20. No.of additional pages of Inspection Report 21. Copy of Report sent to operator 4/26/05
INSPECTED BY: . TrenttJames / � _ DATE 1/24/05
Telephone No: 910 395-3900
Copy to file Copy to operator Copy to Mining Specialist
RED
APR 2 9 2005
LAND QUALITY SNCTI

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 April 6, 2004 William G. Ross Jr., Secretary
Certified Mail
Retum Receipt Requested
David Ballou
Superior Landworks, Inc.
660 Old Vanceboro Road 7002 3150 0003 7053 1601
New Bern, NC 28560 —�•
RE: Superior Landworks Mine
Old Mining Permit No. 19A-54
New Mining Permit No. 16-44
Carteret County, White Oak River Basin
Dear Mr. Ballow
The Land Quality Section of the Division of Land Resources must change your current mining
permit number in order to conform to a state govemment Universal Couniy Code System, which is part
of an intemet-based permit database management system. As part of this process, twelve (12)
counties are affected by this conversion, including the county where the above mine is located.
This permit number change does not affect or alter any conditions within your permit, nor does it
affect your current expiration date. Please note that the new mining permit number is 16-44. To avoid
any confusion in the future, please remove the old mining permit cover page and replace it with the
attached new cover page that contains the new mining permit number.
Thank you for your cooperation. Please contact me at(919) 733-4574 if you have any
questions.
Sincerely,
1=1oyd-R. Williams,,PG, CPG, CPESC -
State Mining Specialist
Land Quality Section
FRWIkh
Enclosure
cc: Mr. Dan Sams, PE, with enclosure
Dr. Jeff Reid, NC Geological Survey, without enclosure
Ms. Maria Tripp, NC Wildlife Resources Commission, without enclosure
Mr. William Gerringer- DOL, Mine and Quarry Bureau, without enclosure
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 AffirmaOve Action Employer—50%Recycled 110%Postconsumer Paper

'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 fib, 'The Mining Act of 1971," Mining
Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations
Permission is hereby granted to:
Superior Landworks, Inc.
Superior Landworks Mine
Carteret County - Permit No. 16-44
for the operation of a
Sand Mime
which shall provide thakhe usefuaness, 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: January 6 2014.

Department of Environment and Natural Resources,
_ Division of Land Resources, Land Quality Section
Z ZUL MINE INSPECTION REPORT
- t (PERMITTED MINE)
1. MINE N Sort •r L i.,-n _.,o < 2. MINING PERMIT # /rb- 44
3. OPERATOR 4. COUNTY C'.....".:-
5. ADDRESS G(oC n ,,. V` n..<v.n.p D.. Alc,...r t�;.a�, ABC_ 7r"4tn
6, PERMIT EXPIRATIONJ DATE A" G 9nJA 7, RIVER BASIN ti",
8. Person(s) contacted at site Alf A,s - n r^,e r. s, n
9. Was mine operating at time of inspection? D Yes N No 10. Pictures? ❑ Yes PL No
11. Date last inspected: 7 / o / 04 12. Any mining since last inspection? lrYes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes wWNo
If no, explain: 4CAA 12 41me4e Al'."
>•. a: r 1.,..1... K.r. ?'
1.r A+£ cm r ... c ^R' j
^ ae.,.sr... 121S1o3. 7.r >.....
.1. V t a rr. To a 9r�n....LrEre p.a.. �1?.ac„v4 5f•C
s:17t m:n� 4PS,nS . 7,. ?e'u. 4A -
` 'NCe AVE <Fn .-n ?6NGT GFn. I7K2.uoei .Uo !rn
fie=.wC t.rsro..:o ., .rw._..v ♦ n n•.tn 17\ 0"'ry YvT. er
l. I Kf GwL... /S/r). W.•'ry .• ?r. ♦w. trr[•'t nc .ucr „•.rfe.. nY.••r•tw .f f.ra.e.S,
14. Is the mine in comphancc with the Reclamation Conditions of the Permit? laYes ❑ No
If no, explain:
1
i
15. Did any of the above deficiencies result in offsite damage? ❑ Yes JN'FIo If yes, describe the
type and severity of the damage:
16. Corrective measures needed and/or taken: 1. Fr e.-.c.... �rr NArj
17 /c Irx as &)er'A -r -.•.' 0�prpew7--..- -.nr ,• t..o . n..t
i 41E• D(S.nE m rern n.4F 'rw� ffl..'zSrc..J �
17. Other recommendations and comments:
18. Is the Annual Reclamation Report +/-map accurate? D Yes ❑ No (Explain) ,5 rNot Reviewed
IKIA • pia r
19. Follow-up inspection needed? iJ Yes ❑ No Proposed date I /rf/US
20. No. of additional pages of Inspection Report_ 21. Copy of Report sent to operator
(date)
INSPECTED BY: /A C^ rr 1+ C DATE '7
Telephone No: ( ?re 179� 19'00
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
L MINE NAME'>.PN tae. L PLO.✓n NG . /NL 2. MINING PERMIT # /G ' 41/
3. OPERATOR�_at .. Ga..ti_..,. l.... S)mno 4. COUNTY (�Aar&L.
5. ADDRESS 46n /ILn I/A_ efn dp 12W Ae &S. riAIC 29sZe,
6. PERMIT EXPIRATION DATE //e /v, , 7. RIVER BASIN 6v N, rf o*K
8. Person(s) contacted at site A e - e.JC et s . R
9. Was mine operating at time of inspection? ❑ Yes V No 10. Pictures? ❑ Yes No
11. Date last inspected: A/ A� / 12. Any mining since last inspection? ls&es ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? )z Yes ❑ No
If no, explain:
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ] Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes Zo If yes, describe the
type and severity of the damage:
16. Corrective measures needed and/or taken:
17. Other recommendations and comments:
18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes KNo.(Explain) r�gI Not Reviewed
r
19. Follow-up inspection needed? ❑ Yes .K No Proposed date / /
20. No. of additional pages of Inspection Report_ 21. Copy of Report sent to operator / /
(date)
INSPECTED BY: ) A i 5 1 G On �Ilwr-n r✓ DATE V
Telephone No: 0/6 1355. Zc) Do D
White copy to file Yellow copy to operator Pink copy to Mining 1 97 .\

,_
,;`:
1
.' .A�
I

«yw
REQUEST FOR 2NFORMr�_T T_ OLV SJZ ,5'
Name and address of Person requesting informaticn: f/
A4ji 1� Il no
4ou IlAne,6"nju
Informatidn to be sent (check all that apply) :
L. 3usiness Car:.
C :-_nina Act of 1971
:.dmin'-strative Rules
?.orlication Farm
C Guidelines an Reclamatic� Ecrds
Assicnment of Savings Account Fars
_evocable Standbji Letter c_ Cred_ _
tv =crd -c m
u renewal Checklist
01 Modification Checklist
Transfer checklist
G Other:
* susan - After sending the above .information:
❑ PLEASE FILE THIS FORM UNDER REQUESTS FOR
INFORMATION
PLEAS" FIDE THIS FORM IN THE MINE FIi.E (._RM_.T
NO. )
Thznl-s ,

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North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Superior Landworks 2. MINING PERMIT p 16-44
3. OPERATOR David Ballou
4. COUNTY Carteret 5. ADDRESS 660 Old Vancebom Rd New Bern, NC 28560
6. PERMIT EXPIRATION DATE 1/6/2014 7. RIVER BASIN White Oak
8. Person(s) contacted at site David Ballou
9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ® Yes ❑No
11. Date last inspected: 12.27,2005 12. Any mining since last inspection? ® Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No
If no, explain:
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑No
If no, explain:
15. Did any of the above deficiencies result in offshe damage? ❑ Yes ®No If yes, describe the
type and severity of the damage:
16. Corrective measures needed and/or taken:
17. Other recommendations and comments: Be sure to maintain the gravel construction entrance to
avoid tracking onto the state maintained road. Dusty conditions were not observed at the time of the
inspection. Continue dust control and be sure to take all reasonable measures to prevent tracking onto Amos
Gillikin Rd.
18. Is the Annual Reclamation Report+/-map accurate? ® Yes ❑ No (Explain) ❑ Not Reviewed
19. Follow-up inspection needed? ❑ Yes ® No Proposed date
20. No. of additional pages of Inspection Reepoorrtt— 21. Copy of Report sent to operator 09/05/06
/
INSPECTEDBY: Trend James z. . , f DATE 08/31/06
Telephone No: {910) 796.7442
Copy to file Copy to operator Copy to Mining Specialist
RF.G"IVp
tARDqun ice• ,v' )

1 � ..
RECEIVED
LrND OUALITV SECppN

North Carolina Department of Environment and Natural
Division of Land Resources, Land Quality Secri n REC E I VE Q
MINE INSPECTION REPORT APR 13 2666
(PERMITTED MINE)
LAND QUALITY SECTION
1. MINE NAME Superior Landworks 2. MINING PERMIT# 16-44
3. OPERATOR David Ballou
4. COUNTY Carteret 5. ADDRESS 660 Old Vanceboro Rd New Bern.NC 28560
6. PERMIT EXPIRATION DATE 1/6/2014 7. RIVER BASIN White Oak
8. Person(s) contacted at site None
9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures?� ❑ Yes 0 No
11. Date last inspected: 10.26.05 12. Any mining since last inspection? . ® Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No
If no, explain:
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes ® No If yes,describe the
type and severity of the damage:
16. Corrective measures needed and/or taken:
17. Other recommendations and comments: Dusty conditions were not observed at the time of the
inspection and minimal dust, as a result of the haul road, was observed on Amos Gillikin Road. Continue dust
control and be sure to take all reasonable measures to prevent tracking onto Amos Gillikin Rd.
18. Is the Annual Reclamation Report+/-map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed
The 2005 ARR has not been revieved by this office.
19. Follow-up inspection needed? ® Yes ❑No Proposed date
20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator 04.12.06
INSPECTED BY: Trentt James DATE 04.11.06
Telephone No: (910)796;7311
Copy to file Copy to operator Copy to Mining Specialist
I

North 'Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Superior Landworks 2. MINING PERMIT# 16-44
3. OPERATOR David Ballou
4. COUNTY Carteret 5. ADDRESS 660 Old Vanceboro Rd New Bern,NC 28560
6. PERMIT EXPIRATION DATE 1/6/2014 7. RIVER BASIN White Oak
S. Person(s) contacted at site David Ballou
9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ❑ Yes ®No
11. Date last inspected: 05.11.05 12. Any mining since last inspection? ® Yes ❑No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ®No
If no, explain: _#_4C. Mining activities shall be conducted as indicated on the mine map last revised 1
December 9,2003.—Maintain _gavel construction entrance to avoid tracking material on to the state
maintained road -
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ® Yes ❑ No If yes, describe the
type and severity of the damage: Some material had been tracked onto Amos Gillikin Rd
16. Corrective measures needed and/or taken: Maintain_gravel construction entrance
17. Other recommendations and comments:
18. Is the Annual Reclamation Report+/- map accurate? ® Yes ❑ No (Explain) ❑ Not Reviewed
19. Follow-up inspection needed? ® Yes ❑No Proposed date _ —Nov 10,2005
20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator 10.06.05
INSPECTED BY: Trentt James DATE 10.05.05
Telephone No: L910) 796.7311
4
Copy to file Copy to operator Copy to Mining Specialist l

i
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North Carolina Department of Environment and Natural Resources`E.f;1W4D
Division of Land Resources, Land Quality Section JAN
np
MINE INSPECTION REPORT
(PERMITTED MINE) 41hagU.��msEc7iot
1. MINE NAME Superior Landworks 2. MINING PERMIT# 16-44
3. OPERATOR David Ration
4. COUNTY Carteret 5. ADDRESS 660 Old Vanceboro Rd New Bem, NC 28560
6. PERMIT EXPIRATION DATE 1/6/2014 7. RIVER BASIN White Oak
8. Person(s) contacted at site David Ballou
9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ❑ Yes ®No
11. Date last inspected: 10.26.05 12. Any mining since last Inspection? ® Yes ❑No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ®No
If no, explain: #4C. Mining activities shall be conducted as indicated on the mine may last revised
December 9.2003. —Maintain gravel construction entrance to avoid tracking material on to the state
maintained road
14. Is the mine in compliance with the Reclamation Conditions of the Permit? Z Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ® Yes ❑No If yes, describe the
type and severity of the damage: — Minimal material had been tracked onto Amos Gillikin Rd
16. Corrective measures needed and/or taken: Maintain gravel construction entrance. Continual effort
will be needed to Prevent tracking of material on to Amos Gilikin Rd. Paving and/or adding to the depth and
length of the gravel construction entrance may be necessary.
17. Other recommendations and comments: Mr. Ballou stated that he utilized a water truck to
control dust and routinely cleaned any material tracked onto the road. Dusty conditions were not observed a[
the time of the inspection.Continue dust control and be sure to take all reasonable measures to prevent
trackine onto Amos Gillikin Rd. Paving at the entrance or a significant amount of gravel may be needed.
18. Is the Annual Reclamation Report+/- map accurate? ® Yes ❑ No(Explain) ❑ Not Reviewed
19. Follow-up inspection needed? ® Yes ❑No Proposed date —1.29.05
20. No.of additional pages of Inspectiop Report 21. Copy of Report sent to operator 12.29.05
INSPECTED BY: Trentt James DATE 12.27,05
Telephone No: [phone]
Copy to file Copy to operator Copy to Mining Specialist t

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Superior Landworks 2. MINING PERMIT p 16-44
3. OPERATOR David Ballou
4. COUNTY Carteret S. ADDRESS 660 Old Vanceboro Rd New Bem, NC 28560
6. PERMIT EXPIRATION DATE 1/6/2014 7. RIVER BASIN White Oak
S. Person(s) contacted at site David Ballou
9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ❑ Yes ®No
11. Date last inspected: 04/25/05 12. Any mining since last inspection? ® Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑No
If no, explain:
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No .
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes ® No If yes,describe the '
type and severity of the damage:
16. Corrective measures needed and/or taken:
17. Other recommendations and comments: Be sure to maintain gravel construction entrance to
avoid tracking material onto the state road. Discharge leaving the site appeared to be significantly clearer than
before.
18. Is the Annual Reclamation Report+/-map accurate? ® Yes ❑ No(Explain) ❑ Not Reviewed
19. Follow-up inspection needed? ❑ Yes ®No Proposed date
20. No. of additional pages of Inspection Report � _ 21. Copy of Report sent to operator 5.16,2005
INSPECTED BY: Trentt James /-L% / "� DATE 5 I1 05 �.
Telephone No: [phone]
Copy to file Copy to operator Copy to Mining Specialist
M

��A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Michael F. Easley, Govemor
Director and State Geologist William G. Ross Jr., Secretary
August 21, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 1680 0000 1484 3818
Mr, Dewey Haye
Superior Landworks, Inc.
660 Old Vanceboro Road
New Bern, North Carolina 28560
RE; Permit No. 16-44
Superior Landworks Mine
Carteret County
White Oak River Basin
Dear Mr. Haye:
We have received the $12,200.00 Assignment of Savings Account No. 6800663236
issued by First South Bank for the referenced mining operation. As this new assignment of
savings account sufficiently covers the mining operation, the enclosed Irrevocable Standby
Letter of Credit No. SM20576OW for $12,200.00 issued by Wachovia Bank NA is hereby
released by the Department of Environment and Natural Resources for your disposal.
Thank you for your cooperation and prompt attention to this matter. If you should have
any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining
Specialist, at [phone].
Sincerely,
Floyd R. Williams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRWIjw
Enclosure: Irrevocable Standby Letter of Credit No: SM20576OW
cc: Mr. Dam Sams, PE
Ms, Nancy Reed Dunn, Esq., Attorney General's Office
Ms. Kathy Cooper, Esq., Attorney Generals Office
Ms. Deborah Baine Woodard, Wachovia Bank NA
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574!FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina 27604
An Equal opportunity 1 Affirmative Action Employer—50%Recycled i 10%Post Consumer Paper

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, P.G.,P.E. Land Quality Section Michael R Easley,Governor
Director and State Geologist William G. Ross Jr., Secretary
January 6, 2004
I
Mr. David Ballou
Superior Landworks, Inc.
660 Old Vanceboro Road
New Bern, North Carolina 28560
RE: Superior Landworks Mine
Carteret County
White Oak River Basin
Dear Mr. Bailou:
The application for a mining permit for the above referenced mine site has been found
to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the
required security to cover this application, I am enclosing the mining permit.
The conditions of Mining Permit No. 19A-54 were based primarily upon information
supplied in the application with conditions added as necessary to insure compliance with The
Mining Act of 1971. This permit expires on January 6, 2014. 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.
-As a reminder, your permitted acreage at this site is 20.18 acres and the amount of land
you.are approved to disturb is 17.70 acres.
Please review the permit and contact Ms. Judy Wenner, Assistant State Mining
Specialist, at [phone] of any objection or questions concerning the terms of the permit.
Sincerely,
d �
oyd R. Williams, PG, CPG, CPESC
State Mining Specialist
Land Quality Section
FRWrjw
Enclosures
cc: Mr. Dan Sams, PE
Ms. Shannon Deaton -WRC, w/enclosures
Mr. Bradley Bennett-DWQ, w/enclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
File
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 a 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,276C4
An Equal Oppolt mfty l ARnoahve Acura Employer-501st Recycled 110%Post Consumer Paper

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:
Superior Landworks, Inc.
Superior Landworks Mine
Carteret County - Permit No. 19A-54
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: January 6, 2014

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 January 6, 2014.
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:
4. 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.

Page 3
I
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
Water Quality Section, 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, silt check dams, silt 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.
C. Mining activities shall be conducted as indicated on the mine map last revised
December 9, 2003 with the stipulation that a minimum four foot high wire fence
with a top strand of barbed wire be installed as needed along the northwest side
of the mine within the 25 foot unevcavated buffer and a minimum 30 foot wide
unexcavated section shall be left near midway across the pit area.
D. Mining activities shall occur in such a manner as to maintain a minimum three
horizontal to one vertical of flatter slope along all perimeter pit slopes. For
reclamation purposes, a four horizontal to one vertical slope must extend from
the top edge of the pit to a point where four foot of water exist and then from that
point to the bottom of the pit, a minimum two horizontal to one vertical slope
provided.
5. All mining permit boundaries (20.18 acres) shall be permanently marked at the site on
100-foot intervals unless the line of sight allows for larger spacing intervals.

Page 4
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.
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. A. Existing vegetation or vegetated earthen berms shall be maintained between the
mine and public thoroughfares whenever practical to screen the operation from
the public,
B. A minimum four foot high wire fence with a top strand of barbed wire shall be
installed as needed within the 25 foot unevcavated buffer along the northwest
side of the mine,
9. Sufficient buffer (minimum of 25 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 n 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

Page 5
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.
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 $12,200.00
Irrevocable Standby Letter of Credit, 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 N. 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.

I ,
Page 7
B. The side slopes to the lake excavation shall be graded to a minimum 4 horizontal
to 1 vertical or flatter to a point where 4 foot of water exist and a minimum 2
horizontal to 1 vertical or flatter from this point to the bottom of the pit.
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. 10.A.
through D.
E. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revepetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the Seeding
Schedule listed on the mine map dated August 8, 2003 and approved by Mr. Ronald D.
Cullipher, PE, of Stroud Engineering, PA.
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 fish day of January, 2004.
By:
James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

• , NOTICE OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are-listed as an adjoining landowner
in the application for a mining permit fled by Superior Landworks, Inc. to conduct mining
activities off SR 1327 in Carteret County. The mining permit (no. 10A-54) was issued on
January 6, 2004.
North Carolina law allows persons aggrieved by the issuance of a mining permit to
contest the decision by filing a petition for a contested case in the Office of Administrative
Hearings pursuant to N.C.G.S. 150E-23 of the Administrative Procedure Act (APA).
If you believe that you are an aggrieved party within the meaning of the APA, a petition
for a contested case must be filed in the Office of Administrative Hearings within sixty (60)
days of the mailing of this notice to you.
If you file a contested case petition, it must be in writing and in the form prescribed by
N.C. General Statutes 15013-23. File the original petition and one copy with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.
Any questions about filing a petition may be directed to the Clerk of the Office of
Administrative Hearings by telephoning [phone].
You must serve the Department of Environment and Natural Resources by mailing a
copy of the petition to Mr. Daniel A. Oakley, Registered Agent and General Counsel,
Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC
27699-1601.
mes D. Simons
tractor
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
This notice was mailed on 1 8 L n
Brenda Hams
Mining Program Secretary

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TRANSMISSION VERSFICATION REPORT
i �
t TIME : 01/21/2004 14: 21
NAME : GARDNER
FAX : 91971S8801
TEL : [phone]
DATE,TIME 01/21 14:17
FAX NO./NAME 82526382150
DURATION 00:03:37
PAGECS) 10
RESULT OK
MODE STA14DARD
ECM

North Carolina Department of Environment and Natural Resources
Division of Land Resources - Land Quality Section Mining Program
1612 Mail Service Center, Raleigh, North Carolina 27699
[phone] Fax: [phone]
FAX COVER SHEET
FAX NUMBER TRANSMITTED TO: a
To: ('Allou
OF.
From:
RE:
Date:
COMMENTS: m h I�W I��nir7 . F Nd l9A S�
*IF YOU DO NOT RECEIVE ALL PACES,PLEASE TELEPHONE US IMMEDIATELY AT(919)7334574.

1 �V
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f EVALUATION FORM
p for the 200$ Mining Stewardship Award Nomination `
p fz tip " S Q _ A. e P,f- - 4 _Lr-
-VV can - zany - Cabarrus Quarry, Cabarrus County
Please complete the tollowina after reviewina
I. Please explain how this omination meets the dging Criteria contained in the
Mining Stewardship Awa s Brochure:
Relative Degree of Difficul of Project.
Innovative & Productive Use of he eclaimed Land:
Innovative, Effective nd Environmentally ompatible Ground
Cover/Revegetatio
i
Stability o the Site on Both a Short and Long Term Basis:
Site Specific Enforcement History for the Previous Two-Year Period:
AhlP:�
ough'riulran Materials C a received a Noti of V' for one of i
ope 'ons on March 7, 'ssued in err rock did not I e
pennitt area. on, Vulcan Ma ompany ha of issued a
Notice o ation since March 7, 20 and has of been` es any civil
pe ies.

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• Complete items 1,2,and 3.Also Complete A Signor a
Item 4 0 Restdeteci Delivery is desired ❑Agent
• print your name and address on the reverse X 0 Adtlraeoea
se that we can return the card to you. a. (Rafe nmmy C. Oats 0OWN"
• Attach this card to the lack of the magpkce,
or on the front If apace permla.
1. Mick Atltlreaeetl to: D. le daNery tlM from Hem 11 0 Yee
If YES,enter delNery address oaore: ❑ Ns
MR DAVID BALLOU
SUPERIOR LANDWORKS
660 WOLD VANCEBORO ROAD 3. SaNca Type
NEW BERN NC 28560 0cwueed Mal oSatrrn Recl
� Reglstwed 3 Reran Pecapt for MaR'MMlee
' ❑ IMURd Meil ❑C.O.O.
a. ResukMtl Winery?(Erma Feel ❑Yea
z. Alegre Naromsr/p Od ! ODO
(lmneW from»rvke laser)
PS Form 811.August 2001 Domestic Return Receipt Os 100
18b D AV 11—� Mrm

UNITED STATES POSTAL SERVICE I I I II I PermS9No.G ese Paid
' Sender: Please print your name, address, and ZIP+q in this box
DENR-DIVISION OF LAND RESOURCES
161L2 ND QDALI7Y SEMON
MAD.SERVICE CENTER
RALEIGH NC 176W.M
R CF,1
0 1 2603

All
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, 2003 William G. Ross Jr., Secretary
Certified Mail
Return Receipt Requested
Mr. David Ballou
Superior Landworks
660 Old Vanceboro Road
New Bern, North Carolina 28560
RE: Superior Landworks Mine
Carteret County
White Oak River Basin
Dear Mr. Ballou:
We have reviewed the additional information your company submitted for the above
referenced mine site. However, the following information is needed to continue processing
your application for the above referenced mine site.
1. Indicate potential maximum withdrawal rates relative to mine dewatering under
submitted NPDES application and how this will impact adjacent properties (wells,
wetlands, etc.).
2. Locate the pump on the mine map and the discharge point off the permitted area.
Provide a detail of the measures used to prevent erosion at point of discharge.
3 Provide supporting information in designing the sediment basin according to the
70% trapping efficiency.
4 Provide detail on how you intend to protect the ditches surrounding the mine site
from sedimentation.
5. The sediment basin shown on the plans is located at the back of the property. It
appears that additional sediment basins will be needed as the mining advances
toward the front. Please address this.
6. Indicate the direction of all drainage and show a cross section of the entire permit
boundary including existing ditches and access road.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574/ FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604
An Equal Opportunity l Affi live Action Employer50%Recycim F10%Post Consumer Paper

CERTIFIED MAIL
Mr. Ballou
Page 2
7. Indicate the locations and names of the home sites and wells on adjacent
properties.
8. Provide information regarding how you intend to prevent inadvertent access to
the site by domestic animals and children.
9. This office is going to require 4 horizontal to 1 vertical slopes from the surface to
approximately a four foot water depth and then a 2 horizontal to 1 vertical or
flatter slope to the bottom of the pond. If you wish to discuss this, please contact
this office.
10. Locate any potential wetlands adjacent to the proposed mine site.
Please be advised that our review cannot be completed until all of the items listed
above have been fully addressed.
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.

Certified Mail
Mr. Ballou
Page Three
Please contact me at [phone] if you have any questions.
rely,
udith A. Wehner
Assistant State Mining Specialist
Land Quality Section
CC: Mr. Dan Sams, PE
Chad Turner — Stroud Engineering, 151-A Hwy. 24, Moorehead, NC 28557

r JPN-06-2004 05 : 15 PM SUPERIOR LNNDWORKS INC 252 728 5551 P. 01
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� JnN-06-2000 e1: 16 PM SUPERIOR LPN➢WORKS INC 392 T20 3391
P.02
l
NORTH CAROLINA
CARTERET COUNTY RIGHT OF WAY AGREEMENT
THIS RIGHT of WAY AGREEMENT made and entered into this L
day of September, 1997 by and between Ray Lawrence and wife,
Margaret Jean Lawrence, hereinafter referred to as "Lawrence",
party of the first part, and aaorge aieWecn and wife, Sandra
Simpson, hereinafter referred to as "Simpson" , party of the second
part.
WITNESS87H:
That whereas Lawrence and W.Ppeon awn property that adjoins
each other in the community of piway, Straits Township, Carteret
County, North Carolina.
That whereas there in currently a road which is being used
jointly by both parties and the property lines between Lawrence and
Simpson runs down the approximate center of said road.
That whereas the parties do hereby agree and do hereby create
a joint easement of ingress, egress and regress over said road.
Said read having a total width of 25 feet.
That whereas the patties F.atl the centerline of as:id road
' surveyed and the centerline of .the read is the property line
between the parties. The parties do wish to create an easement
that may be used by Lawrence and Simpson for the full 25 feet which
will be 12.5 feet on either side of said ling as hereinafter set
forr.hlneretore, in consideration of tan dollars and other valuable
consideration, which ties been given to each party by the other. the
receipt of which is hereby acknowledged, the parties do hereby
BOOK �OG pAGF 3•SJ v

create an easement for ingress, agrees and regrew to run with the
land owned by either party, which would be appurtenant thereto fox
the property as hereinafter described, running 12 .5 feet Inn ccrh•.
oiue or the dividing line and centerline of said road as
hereinafter shown.
Thal. Like property subject to Chia right of way is ant forth an
. . _.._.... . .Ma. e1-"cnea to this right of way agreement to Svhih; I:
-A• which is a survey entitled, "W. G. KIMaALL aMA wife. •MrTA
VEu4ACL'• , Jn4ed reoruary 27, 199i, prepared by Powell Surveyinq
company, which map is herein incorporated by reference.
' ..c.,LCZiine of said road as shown on said map is the
centerline of the e�..enia.J—a��,^>•• •_ .,,a. a.uv
pavtico do c-reatc an easement 25 feet in width with the ne..�1 +ne
being that line as shown on-ovhlhit 'M^ •-h+.h '.."u k,.: I-Im aiviuing
line between Lawrence and Simoson:
.., ,.aoavuWx WKERSOF, the parties hereto have Set their hands
uay ana year firat. PKmv4 ,.,V,..
(SEAL)
RAY6 WRENCE
rlAt.fJltrf Vllsw U(It✓liFrG (SEAL)
MARGGAFT JEW
/LAWRE�NCE
(SEAL)
GEE'fOR /I I� MPSON r
\Y'Qa(r7d ,�,,�(1[x� (SEAL)
SANDRA' 11005
600K PAGE � �S
l

JPN-06-2001 03 ar PH SUPERIOR LPNDYORKS INC 232 920 3331
P.Oa
STATE OF NORTH CAROLINA
COUNTY OF�CARTTERRET((�Y P
1, l-vno� .hev��rn , Notary Public, do hereby certify
that Ray Lawrence and wife, Margaret Teen Lawrence, personally
appeared before me this day and acknowledged the execution of the
foregoing instrument for the purposes therein expressed.
Witness my hand and notarial seal, thisdNyYop,�P 7HIFp•
September, 1997. ......••••.rQ.•'•,:
r ,
Notary Public)0 E
((��,,� � �V Olt
My Commlvwian txpi rca.9]'.\pyy�l1�2'oa .. 9yr.,
STATE OF NORTH CAROLINA ••�'%,9Ei C0VW
COUNTY OF CARTERET r„rr
1, &Lvd L ysnt ,(Ncrgkz ,Notary public, dd hereby certify
that George Simpson and wife, Sandra Simpson, personally appeared
before me this day and acknowledged the execution of the foregoing
instrument for the purposes therein expropa•d
:^;yjY,r,:B.ep .�, •...a ...a ...w..pi scar, cote day of
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MINING CHECKLIST FOR ROUTING
Applicant's Name: OL9[4+,P '14) Project
i
Applic./Permit No.: _county: Date Received: 12fislros
r l v Reviewer. n River Basin Name:
�ew ❑Renewal 0Modfication (inside,permit boundaries) _ 'a
❑ Modification (outside permit boundaries) ❑Transfer ❑Release
❑Partial Release additional Information 0 Fee Needed: $
❑Fee Received: $ ;i
Flcaqg r4ute entire application package to& 3
Regional Office (2 complete copies: attach the "LQ5 Regional
5.; Office Mining Ap lication Review Checkllst"to one copy and attach Loth the DWQ and DAQ
r, "Mining Application Review Form"to the other copy, send both copse to Phe I Engineer) ;";
Date: Routed /.1 7 IaBKdc'd i
' ❑ Division of Water Resources Date: Routed Rec'd
F ❑NC Wildlife Resources Commission Date: Routed Recd
❑ U5 Fish & Wildlife Service Date: Routed Rec'd 3
i (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:
0 Division of Parks & Recreation Date: Routed Reei
4b.NC Geological Survey Section Date: Routed Rec'd
.. (Only new applications and modification requests that Md.Is d W the permit)
t 0 Division of Archives &History Date: Routed Reed
(Only new applications)
F ❑Other. Date: Routed Rec'd
x **5u6pense Date for Comments: a (no later than 25 days
from receipt)
76 553 � '
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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, 2003 William G. Ross Jr., Secretary
Certified Mail
Return Receipt Requested
Mr. David Ballou
Superior Landworks
660 Old Vanceboro Road
New Bern, North Carolina 28560 7002 3150 D003 7051 5700
RE: Superior Landworks Mine
Carteret County
White Oak River Basin
Dear Mr. Ballow:
We have reviewed the additional information your company submitted for the above
referenced mine site. However, the following information is needed to continue processing
your application for the above referenced mine site.
1. Indicate potential maximum withdrawal rates relative to mine dewatering under
submitted NPDES application and how this will impact adjacent properties (wells,
wetlands, etc.).
2. Locate the pump on the mine map and the discharge point off the permitted area.
Provide a detail of the measures used to prevent erosion at point of discharge.
3 Provide supporting information in designing the sediment basin according to the
70% trapping efficiency.
4 Provide detail on how you intend to protect the ditches surrounding the mine site
from sedimentation.
5. The sediment basin shown on the plans is located at the back of the property. It
appears that additional sediment basins will be needed as the mining advances
toward the front. Please address this.
6. Indicate the direction of all drainage and show a cross section of the entire permit
boundary including existing ditches and access road.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 f FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604
An Equal opportunity l Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

CERTIFIED MAIL
Mr. Ballou
Page 2
7. Indicate the locations and names of the home sites and wells on adjacent
properties.
8. Provide information regarding how you intend to prevent inadvertent access to
the site by domestic animals and children.
9. This office is going to require 4 horizontal to 1 vertical slopes from the surface to
approximately a four foot water depth and then a 2 horizontal to 1 vertical or
flatter slope to the bottom of the pond. If you wish to discuss this, please contact
this office.
10. Locate any potential wetlands adjacent to the proposed mine site.
Please be advised that our review cannot be completed until all of the items listed
above have been fully addressed.
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.

Certified Mail
Mr. Ballou
Page Three
Please contact me at (919) 7334574 if you have any questions.
rely,
udith A. Wehner
Assistant State Mining Specialist
Land Quality Section
CC: Mr. Dan Sams, PE
Chad Turner Stroud Engineering, 151-A Hwy. 24, Moorehead, NC 28557

STROUD ENGINEERING,
S G G, P.A.
TCONSULTING ENGINEERS
HESTRON PLAZA TWO
151-A HWY 24
MOREHEAD CITY,NORTH CAROLINA 28557
Decambtr, 11, 1120037479
Ms.Judith Wehner
NCDENR + CF.rV�i
Division of Land Resources
Land Quality Section SEC 15 2003
5l2 North Salisbury Street
Raleigh,NC 27604x--=_'
Re: Superior Land Works
Mining Permit Application
Dear Ms. Weimar,
Item I —Superior Landworks anticipates hauling 200 cubic yards of sand from the site during
busy periods. Their maximum withdrawal capability will be 1000 gpm. We do not
foresee any effects to the adjacent wells. There are no known wetlands adjacent to this
property.
Item 2—The beginning pump location(will move toward Amos Gillikin Rd, as pit increases)and
discharge point have been shown on the mine map. The water discharged from the pump
will enter the sediment pond then flow through the check dam shown and travel through
the existing vegetated ditch toward Amos Gillikin Road where it leaves the site.'The
sediment pond has been sized to exceed the required 70%trapping efficiency.
Item 3 - Please find the attached calculation sheet.
Item 4- The ditches surrounding the mine site are to remain undisturbed. A 50' unexcavated
buffer on the southwest boundary and 25'unexcaveted buffer on the other three sides
shall be established prior to any disturbance. The proposed light level of traffic and
proper maintenance will protect the vegetated ditches running parallel with the haul road
Item 5 - On the original mine map the sediment pond was proposed to move southwest,as the pit
expands. Three sediment ponds are now shown on the map and noted to be installed
prior to any mining activity. In the beginning all three basins will be utilized. As the
mine expands toward Amos Gillikin Road the basins will be engulfed by the pit. The
sediment basin adjacent the pit will move southwest as the pit expands such that the
pump is always discharging into a settling basin.
Item 6—Topographical shots have been shown on the revised mine map enclosed. All drainage
ditches shown drain to the southwest ending up al the existing ditch along Amos Gillikin
Road. As the topographical information indicates the mine area is relatively Rat. The
haul road has a slight crown,draining into the ditches on each side.
107 COMMERCE ST. HESTRON PLAZATWO
SUITE B 102-0 CINEMA DRIVE 151-A HWY.24
GREENVILLE,NC 27M WILMINGTON,NO 2NM MOREHEAD CITY, NC 2807
[phone] [phone] (25212474479

Item 7—The names of the adjacent owners and locations of existing wells are shown on the
original mine map. The revised map also shows approximate locations of adjoiners'
homesites.
Item 8— A letter previously provided by Superior Landworks describes a barbed wire fence to be
installed around the proposed pit area when mining commences and would be expanded
as the pit enlarges.
Item 9—The Reclamation Cut Slope cross-section on the map has been revised to show the 4:1
and 2:1 slopes as required.
Item 10—There are no known wetland areas adjacent to the tract.
Contact me if I can provide any further information.
Sincerely,
Chad P. Turner
Cc: David Ballou, Superior Landworks

JOB Pm 1102
STROUD ENGINEEMG, P.A. SHEET NO. '1- or A-
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MOREHEAD CITY, NC 28557 CHECKED
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TRANSMISSION VERIFICATION REPO
TIME : 12/02/2003 15:02
NAME : GARDNER
FAX : [phone]
TEL : [phone]
DATE,TIME 12/02 15:01
FAX MO. /NAME 82522474038
DURATION 00:01:01
PAGE(S) 04
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North Carolina Department of Environment and Natural Resources
Division of Land Resources - Land Quality Section Mining Program
1612 Mail Service Center, Raleigh, North Carolina 27699
[phone] Fax: [phone]
FAX COVER SHEET
FAX NUMBER TRANSMITTED TO: c&1-07- 4296
To: j4.()L�4M/h�.fN
From: l .MAW�Xn.�✓
RE:
Date: 1 eU 03
�r
DOCUMENTS NUMBER OF PAGES'
COMMENTS:
'IF YOU DO NOT RECEIVE aU PACES,PLEASE TELEPHONE US IMMEDIATELY AT(919)733-4574.

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 October 16, 2003 William G, Ross Jr., Secretary
Certified Mail
Return Receiot Requested
Mr. David Ballou
Superior Landworks 7002 3150 0003 7051 5151
660 Old Vanceboro Road
New Bern, North Carolina 28560
RE: Superior Landworks Mine
Carteret County
White Oak River Basin
Dear Mr. Ballow:
We have reviewed the application your company submitted for the above referenced
mine site. However, the following information is needed to continue processing your
application:
We have received several letters from concerned adjoining landowners about inadvertent,
access to the site by domestic animals and children. In addition to the gated road, pleas
provide a method, such as fencing, berms or a combination to prevent inadvertent acces
by the public along the perimeter.
The reclamation bond has been calculated using the information submitted in the
application. The reclamation bond for this site would be $12,200.00. The calculation
worksheet is enclosedrfor your review and the new bond will be required prior to approval of
this application request.
For your convenience, I have enclosed a bond form, an assignment of a savings
account form and irrevocable standby letter of credit form for your use in securing the required
bond. The name on the security must be the same as the name appearing on the application
for a mining permit, i.e., Superior Landworks. In addition to one of these alternatives, you
may, upon request, substitute a cash deposit.
.Please be advised that our review cannot be completed until all of the items listed
above have been fully addressed.
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 I Affrmalive Action Employer—50%Recycled 110%Pool Consumer Paper

Certified Mail
Mr. Balbu
Page 2
In order to complete the processing of your application, please forward two (2) copies of
the requested information and the bond 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, N. C. 27699-1612
As required by 15A NCAC 58.0013, 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.
mcerely,
GMT hk��
Judith A. Wehner
' Assistant State Mining Specialist
Land Quality Section
Enclosures
cc: Mr. Dan Sams. PE

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� .APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AM) BOND
Dee jollowirtg bond calculartort wocL-heer it to be used to establish an appropriate bond (based upon a range
Of 1100 to SS.000 per affected acre)for each permitted mine site bared upon the acreage approved by the
Department to be affected during the life of the mining permit. P/e¢se inrerr tier ,marnrimarr nrreao. r r
each atpe�r of the mtnine nnermMrt that you intend ro ,g rf dtenng,•rha Ife n) rhrr mrnirte n 't t'�
¢Adirinrt nleare irtrerr the ann rrare rert¢marinn rnrt/arr for each categoa Fnm the SrheAu4e of
ReUamatton C¢srr nrnwdeA wrth thtrnp /irn mran form) OR You ran djer to the nan¢r+menr rn rnlr lnry
bond for you hared upon your m has and standard rertamat o ra=
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE' COST
Tailings/Sedimentp "
Ponds: �b Ac. X S 3000`" /Ac. = S 130.
Stockpiles: r ) a Ac. X S 00'Ll /Ac. = S 41/0•0O
Wastepiles: Ac. X S /Ac. = S
Processing Area/Haul Roads: .`1a Ac. X 5 Grdx /Ac. = S )& S1i.00
Mine Excavation: )(0,LIU Ac. X $ 666 /Ac. = S 61t a 30.0a
Other: Ac. X $ /Ac. = 5
TOTAL AFFECTED AC.: 17.70 Ac.
( TOTAL PERMITTED AC.: aO.19 Ac.)
ItID or+ P rm t Sedi entatio & Erosion Central Measures,
Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into
proposedlexisting excavation and/or b) affected acres that will be graded for positive drainage where measures
will be needed to prevent offsice sedimentation and sedimentation to oasis watercourses and wetlands.
a) Internal Drainage lf7. '70 Ac.
b) Positive Drainage 4_ Ac. X $1,500.00 = S
•r SUBTOTAL COST: S jDi 23d• 0J
Tnflation Factor'
q
0.02 X SUBTOTAL COST: S )0,952, 00 X Permit Life (I to 10 years): 1D
INFLATION COST: S aG ylo. if
TOTAL COST = SUBTOTAL COST + INFLATION COST = $
Total Reclamation Bond Cost: $ fal 900
Cu
(round down to the nearest $100..00)
_ta_

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SEP 1 5 2003
North Carolina Department of Cultural Resources
State Historic Preservation Office
David L S.Brook, Administrator
Michael F. Eaeley. Governor Division of Historical Resources
Liabeth C.Event,Secretary
Jeffrey J. Crew, Deputy Secretary
Office of Archives and History
September 10, 2003
MEMORANDUM
TO: Tracey E. Davis
Land Quality Section
Division of land Resources, DENR�^, �j
FROM: David Btookt Ut,19t4f--�
SUBJECT: Application for Mining Permit for Superior Landworks Mine, Carteret County,
ER03-2158
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 listing 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, contact Renee Gledhill-Earley, environmental review coordinator,at
919/733-4763.
tvww.hpo.dcratate.nc.us
Location Malling Addreas TelephoodFan
ADMINISTRATION 507 N.Blount St.Raleigh,NC 4617 Mail Service Center.Raleigh NC 276994617 [phone] .73346653
RESTORATION 515 N.Blount St,Raleigh NC "17 Mall Service Center.Raleigh NC 27cse 617 (919)7334547 .7154901
SURVEV is PLANNING - 515 N.Blount St,Raleigh NC 4617 Mail Service Center.Raleigh NC 27699.4617 (919)733*545 .715-I801

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Applicant's Name: o Froje.9t Name: IjAgd a .
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Applic./ ermit No.:O _ County: Date Received:
Reviewer. River Basin Name:
Dol4w ❑ Renewal ❑Modification (inside permit boundaries) w
❑ Modification (outside permit boundaries) ❑Transfer ❑ Release
❑Partial Release �ditional information ❑Fee Needed: $
{ 0 Fee Received: $
e" ;S
Please route entire apple a Ion pa age to,
i Regiona I Office (2 complete copies; attach the "LQ5 Regional `YO
Office Mining Review Checklist" to one copy and attach hath the bwo and DAQ
"Mining Application Review Form"to the other copy: send both cop. s to the��F,cg.onsl Eng.near)+ " •.;y
ti Date: Routed 03 '�ec'd
❑ Division of Water Resources Date: Routed Reed
❑ NG Wildlife Resources Commission Date: Routed Rec'd
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(Only new applications and modification requests that add land to the permit) :.
PI aye route first 3 pages of the application and any location maps t2 "S
t
' ❑ Division of Parks & Recreation Date: Routed Rec'd
❑ NC Geological Survey 5ection Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
❑ Division of Archives & Histgry Date: Routed Reed r
(Only new applications) „Y
❑Other. Date: Routed Reed
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STROUD ENGINEERING, P.A�H
151- Pl
aza Two
151 A Hwy. -
MDREHEAD CITY, NC
28557
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[phone] 11 ATTENTION
TO 1J C.UF IR Ie d AI.n I'W $le.rOn
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WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
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THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Sub it copies for distribution
❑ As requested ❑ Returned for corrections ❑ Retum corrected prints
❑ For review and comment ❑
❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO p
SIGNED:
if onclosurea arc not as noted klntlly naH/y us at once.

l

S STROUD ENGINEERING, P.A.
C CONSULTING ENGINEERS
y HESTRON PLAZA TWO
161-A HWY.24
MOREHEAD CITY,NORTH CAROt1NA 20557
[phone]
Ms, Judith Wehner I�r�vp
NCDENR
Division of Land Resources SEP 16 2003 11
Land Quality Section
512 North Salisbury Street ..._-.---
Raleigh,NC 27604
Re: Superior Land Works
Mining Permit Application
Dear Ms. Weimer,
Please find enclosed the signed certified mail cards as you requested. I am also including copies
of the cards that are being re-sent to Anita Kimball and John Gillikin at different addresses. One letter and
green card(copy enclosed) that was sent to Roger Beesley was returned as a wrong address, but the address
came from Carteret County records and the individual is not listed in the phone book. I look forward to
resolving any remaining issues and appreciate your help thus far. Contact me if I can provide any further
information.
Sincerely,
0. r
Chad P.Turner
107 COMMERCE ST. HESTRON PLAZA TWO
SUITE B 102 0 CINEMA DRIVE 151-A HWY 24
WEENVILLE.NC 278M WILMINGTON,INC 28403 MOREHEAD CITY NO 28557
[phone] (910t 91"775 1252t 247-7479

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Add resse e
NOTICE
Pursuant to provisions G.S. 74-50(bI) of The Mining Act of 1971,Notice is hereby given that
Superior landworks has applied on August 7. 2003
(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 Caroline 27699-1612, for(check one):
(a) a new surface mining permit K
(b) a modification of an existing surface mining permit to add land to the permitted area ❑
The applicant proposes to mine Sand on 20.18 acres located 10
(Mineral, Ore) (Number) (Miles)
northeast of Beaufort off/near road SR "" Amos Gillikin Rd
(Direction) (Nearest Town) (Number7ame)
in Carteret 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 Ice' of
the mining permit boundary). In
addition, the mine operator must also notify the chief administrative officer of the county or muiticipaliTy in which
any part of the permitted area is located. Any person may file written comments) to the Department at the above
address within thirty (30) days of the issuance of this Norce or the filing of the application for a permit,whichever
is later. Should the Department determine that a signifcant 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
reeardine the s ecifics of fhe ni-Griosed naininit activi lease contact the a licnnt at the followin
tee one number: 52 728-5551 For omiation on the mining permit application review
process,please contact the Mining Program start at 733.4574. Please note that the Department will consider
anv relevant written comments/documentation wi hin the rovisions of the MiningAct f 1971 throw bout the
a view process until a final decisione a;;lication.
Ani;a Anro.rona k',mb&ll David Ballou
177
q 'rsl d Rd Flo l:ers3stird NC ZA531 Superior Landworks
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) c@ Company Name, if Applicable)
660 Old Vanceboro Rd.
August 7 2003 — j{elssue� 4 115 10 New Bem NC 28560
(Date of Issuance of this Notice! (Address of Applicant)
Mailed to Addressee/Owner of Record)
Box ND
Hackers 14)andi NC 2Q 5ti1 -16-

USPS-Track&Confirm http:ittrka*ml.smi.usps.00m/netdalscgildb2w tcbd_243.d2w(defall
UNITED STATES
POSTAL SERVICE•
Track & Confirm
Shipment Details Tragwill confirm -
Fsmr uehi mimes
You entered 7000 1530 0002 9341 2803
Your item was delivered at 2:53 pm on October 10, 2003 in MOREHEAD
CITY, NC 28557.
Here is what happened earlier: Tmk&ConMm FAQs GOD
■ UNCLAIMED, October 06, 2003. 10:47 am, HARKERS ISLAND,
NC
■ NOTICE LEFT. September 24, 2003, 11:35 am, HARKERS
ISLAND, NC 28531
■ NOTICE LEFT, September 20, 2003, 12:35 pm, HARKERS
ISLAND, NC 28531
is ACCEPTANCE, September 15, 2003, 3:01 pm, ATLANTIC
BEACH, NC 28512
Notification OpUar s
1 Track&Confirm by email wen Is this? l
POSTAL INSPECTORS
1 of 1 10/10/2003 11.35 AM

copy
• • ",af was ;nelyded
4-o Rldrosset.
NOTICE
Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that
Superior Landworks has applied on August 7. 2003
(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 20.18 acres located 10
(Mineral, Ore) (Number) (Miles)
northeast of Beaufort offlnear road SR 1327. Amos Gillikin Rd.
(Direction) (Nearest Town) (NumberMame)
in Carteret County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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; tf 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 I,000 feet of the mining permit boundary). In
addition, the mine oQemtor must also notify the chief administrative.officer of the county or municipality m which
any part of[he 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 fora 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
irefirardine the s ecifics of the ro osed minin activl lease contact the a licant at the followIng
'
to ep one num erf 5 1 728-5551 -or information on the mining permit application review
process, p ease contact the Mining Program stall at 733-4574. Please note that the Department will consider
any relevant written comments/documentation within the nrovisions of the Mining Act!o 1971 t oughout the
application review rocess until a final decision i made on the a Iication.
Tehn L"I G111A1^ David Ballou
PO Box 193 , fieaa$ot4t V, Ze5lb Superior Landworks
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) & Company Name, if Applicable)
660 Old.V anceboro Rd.
August 7. 2003 •710elssued 911003 New Bern NC 28560
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
ll06 Arnos 601k)n Ad.
gj9at, AI NC. uaslt, _16-

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section "
James D. Simons, P.G., P.E. Michael Director and State Geologist September 12, 2003 F. Easley, Governor
William l Ross Jr., Secretary
Certified Mail
Retum Recent Requested
Mr. David Ballou
Superior Landworks
660 Old Vanceboro Road
New Bern, North Carolina 28560
RE.- Superior Landworks Mine
Carteret County
White Oak River Basin
Dear Mr. Ballow:
We have reviewed the application your company submitted for the above referenced
mine site. However, the following information is needed to continue processing your
application:
1. We have received several letters from concerned adjoining landowners about
inadvertent access to the site by domestic animals and children. In addition to the
gated road, please provide a method, such as fencing, berms or a combination to
prevent inadvertent access by the public along the perimeter.
2. Several adjoining land owners have stated that they have not been notified. Please
provide proof that the Kimballs have been notified. Because of the concern by the
landowners, please provide copies of the signed certified mail return receipts. If a letter
has been returned unsigned and was sent to the address on file with the county
courthouse, send a copy of the envelope showing the reason for the return.
The reclamation bond has been calculated using the information submitted in the
application. The reclamation bond for this site would be $12,200.00. The calculation
worksheet is enclosed for your review and the new bond will be required prior to approval of
this application request.
For your convenience, I have enclosed a bond form, an assignment of a savings
account form and irrevocable standby letter of credit form for your use in securing the required
bond. The name on the security must be the same as the name appealing on the application
for a mining permit, i.e., Superior Landworks. In addition to one of these alternatives, you
may, upon request, substitute a cash deposit.
1612 Mail Service Center, Raleigh, forth Carolina 27699-1612 E 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

Certified Mail
Mr. Balhu
Page 2
Please be advised that our review cannot be completed until all of the items listed
above have been fully addressed.
In order to complete the processing of your application, please forward two (2) copies of
the requested information and the bond 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, N. C. 27699-1612
As required by 15A NCAC 5B.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,
udith A, Wehner
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Dan Sams, PE

APPLICATION FOR A NUNTS'G PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
I)te foloowing bond calculation woctrheet is to be used to establish an appropriate bond (based upon a range
of$500 to $5,000 per affected acre)for each permitted mine site based upon the acreage approved by the
Department to be affected during the life of the mining permit. Please insert rhr rtpnrartmare n�a¢ tnr
o_psh n,rn ;i the mming_nneratinn that you intend to affect daring the 11 of this mining_ a it /'
addition nienre insert the av Wn to reclamation raR/arre for each rateq�fram the Srhed ie ni
Rertamatlon Costs provided wnh this nnnlirarion farml O you can defer to the Department to calculate _
ban fpwou based noon your inapt and standard rerinmminn costs:
AFFECTED RECLAMLATION RECLAMATION
CATEGORY ACREAGE COST/ACRE' COST
Tailings/Sediment Ponds: At. X - $ 60D 0 /Ac. = $ 1W-W
Stockpiles: Ac. - X $ /000' /Ac. = $ a(o-OD
Wastepilm: Ac. X $ /Ac. = $
Processing Area/Haul Roads: .q a Ac. X $ blVt 6'y' /Ac. = $ 16 Q9.00
Mine Excavation: 16,4(s Ac. X $ 6004i /Ac. = $ 00.0a
Other: Ac. X $ /Ac. = $
TOTAL AFFECTED AC.: 194 20 Ac.
( TOTAL PERMITTED AC.: RO .l A Ac.)
. P .manent Sedimentation &Erosion Control Mretern,
DmdOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into
proposed/exisung 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 l7. 7t1 Ac.
b) Positive Drainage Ac. X $1,500.00 = $ n
SUBTOTAL COST: $
Inflation Factor,
0.02 X SUBTOTAL COST: $ )0. a3a.0000 X Permit Life (I to 10 years): ID
INFLATION COST: $ M�6•
TOTAL COST = SUBTOTAL COST + INFLATION COST = $
Total Reclamation Bond Cost:
(round dovrn to the nearest $100 . 00)
-14 -

© � •
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Se Michael F. Easley,Governor
September 11, 2003
Director and State Geologist P William G. Ross Jr., Secretary
Ms. Hazel Beckwith
165 Amos Gillikin Road
Beaufort, North Carolina 28516
Dear Ms. Beckwith:
Thank you for your letter received by the Land Quality Section on September 9, 2003
expressing your concerns regarding the proposed Superior Landworks Mine in Carteret County.
Your concerns certainly deserve evaluation. Before a decision is made to grantor deny the
mining permit, concerns within the jurisdiction of NCGS 74-51 of The Mining Act of 1971 (copy
attached) must be addressed. During the application review, site inspections will be made and
comments will be solicded from other agencies regarding the potential impacts to wildlife, air and
water quality and groundwater.
Please note, however, that zoning concerns, such as truck traffic, noise and property
values, are not within the jurisdiction of The Mining Act and are more appropriately addressed
through the local government.
Mining permits may contain conditions requiring operators to install berms, highwall
barriers, fences and/or gates to prevent inadvertent access by the public. In addition, operators
are required to submit a sediment and erosion control plan to prevent off site sedimentation from
occurring.
Again, thank you for your letter. Your comments will be incorporated into our review. If you
have any additional questions, please contact me at [phone].
Sincerely,
dith A. Wishner
Assistant Mining Specialist
Land Quality Section
Attachments: The Mining Act of 1971
The Administrative Code
cc: Mr. Dan Sams, PE w/copy of Ms. Beckwith's letter
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Oppodunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper

• •
Land Quality Section, Division of Land Resources,N.C.Department of Environm RECEIVED
And Natural Resources, 1612 Mail Service Center, Raleigh,N.C. 27699-1612 3EP 0 y ?003
RE: permit for : David Ballou , Superior LarkdwoTks, ,�.��
Location: Amos Gillikin Road, Beaufort, N.C. 28516
I am a landowner within a 1000 feet of proposed mine for the above applicant., I was not
notified of the permit until recently by a neighbor. The map that was sent out to people is
several years old, it is not current.
The runoff from digging would go into the local ditch at the end of my property, then
runoff into Gillikin Creek which goes into a major estuary.
There is already N.C. D.O.T. trucks , quite a few of them on our road, which is less than
a mile long, this mine will add more truck traffic, more dangerous for kids, animals and
residence on this road .
There is a 5 acre pond within 500 feet of my property for the Otway Fire Department to
use, which is a breeding ground for mosquitoes and the various diseases they carry . But
this pond is necessary for water access for the Fire Dept. This Mine will also be a
breeding ground for mosquitoes. The size of area that is proposed to be mined, is very
large with a lot of water standing for breeding. My property is between the 5 acre pond
and proposed sand mine., With the population of mosquitoes and the diseases , I feel I
would be forced to sell , there is no way you could live here and be able to go outside.
This is a very low-lying area and you don't have to dig far in the ground to hit water,that
mine would be a lot of stagnant water just standing.
The size of the area is very large, my concern would there be a fence around it to
keep wildlife from falling in or even domestic animals or children.?
1 can't stress enough how much traffic this would be for our road, and the increase
of an already existing problem of mosquitoes. And fear that the property value would
decrease considerable. And the fact the map that was used to notify people surrounding
the site was outdated, were they trying to not notify people. Maps are very easy to get at
our local courthouse. I wouldn't even have known if a neighbor hadn't mentioned it.
Thank You,
Hazel Beckwith , landowner
165 Amos Gillikin Road
Beaufort,N.C. 28516
08/30/03

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RCDEiTR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
.lames D. Simons, P.G., P.E. Land Quality Section
Director and State Geologist September 11, 2003 William GMichael . Easley, Governor
G. Ross,lr., Secretary
Mr. John Gillikin
165 Amos Gillikin Road
Beaufort, North Carolina 28516
Dear Mr. Gillikin:
Thank you for your letter received by the Land Quality Section on September 10, 2003
expressing your concerns regarding the proposed Superior Landworks Mine in Carteret County.
Your concerns certainly deserve evaluation. Before a decision is made to grantor deny the
mining permit, concerns within the jurisdiction of NCGS 74-51 of The Mining Act of 1971 (copy
attached) must be addressed. During the application review, site inspections will be made and
comments will be solicited from other agencies regarding the potential impacts to wildlife, air and
water quality and groundwater.
Please note, however, that zoning concerns, such as truck traffic, noise and property
values, are not within the jurisdiction of The Mining Act and are more appropriately addressed
through the local government.
Mining permits may contain conditions requiring operators to install berms, highwall
barriers, fences and/or gates to prevent inadvertent access by the public.
Again, thank you for your letter. Your comments will be incorporated into our review. If you
have any additional questions, please contact me at [phone].
Sincerely, A
11 I
udith A. Wehner
Assistant Mining Specialist
Land Quality Section
Attachments: The Mining Act of 1971
The Administrative Code
cc: Mr. Dan Sams, PE w{copy of Mr. Gillikin's letter
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 i Affirmative Action Employer-50%Recycled 1 10%Post Consumer Paper

Land Quality Section, Division of Land Resources, N.C.Deparlment of Environment.
And Natural Resources, 1612 Mail Service Center, Raleigh,N.C. 27699-1612
RE: permit for : David Ballou , Superior Landworks, ME EIVF�D
Location: Amos Gillikin Road, Beaufort, N.C. 28516 SEP 16
2003
I am a landowner within 500 feet of proposed sand mine for the above applicant., I
not notified of the permit until recently, and not by mail from perrnitee.
There is a problem with runoff from digging.It would run in the local ditch close,which
runs the length of one side of my property,then runoff into Gillikin Creek which goes
into a major estuary.
There is already N.C. D.O.T. trucks , quite a few of them on our road, which is less than
a mile long, this mine will add more truck traffic, more dangerous for kids, animals and
residence on this road .
Them is a 5 acre pond within 20 feet of my property for the Otway Fire Department to
use, which is a breeding ground for mosquitoes and the various diseases they carry . But
this pond is necessary for water access for the Fire Dept. This Mine will also be a
breeding ground for mosquitoes. The size of area that is proposed to be mined, is very
large with a lot of water standing for breeding. My property connects to the 5 acre pond
and proposed sand mine., With the population of mosquitoes and the diseases , I feel I
would be forced to sell ,or my family would not be albe to enjoy the outdoors. there is no
way you could live here and be able to go outside. This is a very low-lying area and you
don't have to dig but a foot or two into the ground to hit water, that mine would be a lot
of stagnant water just standing.
Is there going to be a fence around it to keep wildlife from falling in or even domestic
animals or children.? I have a son and there are several children living on this road , 1
feel it would be a hazard.
I can't convey to you enough how much traffic this would be for our road. The
N.C.D.O.T. trucks go up and down the road all day, there most be about 20 of them
.Along with the increase of an already existing problem of mosquitoes. And fear that the
property value would decrease considerable. My name was on the map as a landowner
but I was not notified.
Thank You,
John Gillikin,
/
l6' 5 Amos Gillikin Road, Beaufort, N.C. 28516
08/31/03

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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 Stale Geologist September 11, 2003 William G. Ross Jr., Secretary
Mr. Alfred C. Gillikin
192 Amos Gillikin Road
Beaufort, North Carolina 28516
Dear Mr. Gillikin:
Thank you for your letter dated September 2, 2003 expressing your concems regarding the
proposed Superior Landworks Mine in Carteret County.
Your concems certainly deserve evaluation. Before a decision is made to grant or deny the
mining permit, concems within the jurisdiction of NCGS 74-51 of The Mining Act of 1971 (copy
attached) must be addressed. During the application review, site inspections will be made and
comments will be solicited from other agencies regarding the potential impacts to wildlife, air and
water quality and groundwater.
Please note, however, that zoning concerns, such as truck traffic, noise and property
values, are not within the jurisdiction of The Mining Act and are more appropriately addressed
through the local government.
Again, thank you for your letter. Your comments will be incorporated into our review. If you '
have any additional questions, please contact me at [phone].
RA
ty,
. Wehner" -
Assistant Mining Specialist
Land Quality Section
Attachments: The Mining Act of 1971
The Administrative Code
cc: Mr. Dan Sams, PE w/copy of Mr. Gillikin's letter
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 1Aionalive Action Employer—50%Recycled\10%Post Consumer Paper

September 2,2003 Ft Land Quality Section {Division of land Resources
North Carolina Department of Environment and Natural Resources
1612 Mail Service Center DENRRaleigh,North Carolina 27699- 1612 ND OUA�ITY SECTION
Dear Madam or Sir
First 1 would like to thank the Land Quality Section for providing notice of an application for a mining
permit in our neighborhood. It is good to know that state government is still serving the citizens of North
Carolina.
The property in question is 20.I8 acres located near state road 1327(Amos Gillikin Road )in the
community ofOnvay,Carteret County. The application for a new surface mining permit was submitted by
Mr. David Ballou of Superior Landworks. The owner of record is Mr.George Simpson.
My first argument against the issuance of this permit is that a mining operation would disrupt the
predominantly residential area and community. Many residential homes are nearby. Some with young
families with small children. Heavy trucks on Amos Gillikin Road would create traffic mid safety
problems. Also noise levels will increase. These problems will make the area less desirable to live in thus
adversely effecting property values.
Secondly,there are some unknown factors that may effect how we live in the area. Will it effect our
drinking water? Being an unincorporated area of the county,each home relies on well water. Will heavy
machinery have an effect on our homes( foundations cracking,sealing).
In closing,the issuance of this permit would do a great disservice to the nearby neighborhood. I hope the
Land Quality Section will keep in mind these points and make the right decision.
Respectfully
A/4I
Alfred C.Gillikin
192 Amos Gillikin Road
Beaufort,NC 28516

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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 William G. Ross Jr., Secretary
September 11, 2003
Mr. Samuel Haywood Conner
177 Amos Gillikin Road
Beaufort, North Carolina 28516
Dear Mr. Conner:
Thank you for your letter dated September 1, 2003 expressing your concerns regarding the
proposed Superior Landworks Mine in Carteret County.
Your concerns certainly deserve evaluation. Before a decision is made to grant or deny the
mining permit, concerns within the jurisdiction of NCGS 74-51 of The Mining Act of 1971 (copy
attached) must be addressed. During the application review, site inspections will be made and
comments will be solicited from other agencies regarding the potential impacts to wildlife, air and
water quality and groundwater.
Please note, however, that zoning concerns, such as truck traffic, noise and property
values, are not within the jurisdiction of The Mining Act and are more appropriately addressed
through the local government.
Again, thank you for your letter. Your comments will be incorporated into our review. If you
. have any additional questions, please contact me at [phone].
ncerely,
Judith A. Wenner
Assistant Mining Specialist
Land Quality Section
Attachments: The Mining Act of 1971
The Administrative Code
cc: Mr. Dan Sams, PE w/copy of Mr. Conners letter
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604
An Equal Cpporrumiy%Alprmar ACJon Employer-50q Reryded i0%Post Consumer Paper

i
Land Quality Section, Division of Land Resources,N.C.Department of Environment.
And Natural Resources, 1612 Mail Service Center,Raleigh,N-C. 27699-1612
RE: Permit for : David Ballou , Superior Landworks,
Location: Amos Gillikin Road,Beaufort,N.C. 28516
1 am a landowner within a 1000 feet of proposed mine,I do not want the land trained for a
number of reasons.
There is already N.C. D.Q.T. trucks , quite a few of them on our road, which is about a
mile long,this mine will add more truck traffic, more dangerous for kids, animals and
regular residence on this road.There is a 5 acre pond within 1000 feet of my property for
the Otway Fire Department to use, which is a breeding ground for mosquitoes and the
various diseases they carry this mine will also be a breeding ground for mosquitoes. The
size of area that is proposed to be mined, is very large with a lot of water standing for
breeding. To have a 5 acre pond and a to have a sand mine is and be in the middle you
won't be able to.live here. You can't dig more than 2 feet without hitting water.
7SEP
F VED
1 0 2003Thank You for you time,
Samuel Haywood Conner.
r 1 r7 Amos Gillikin Road
Beaufort,N.C. 28516 Sept.1, 2003

..�1._ n

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 September 11, 2003 William G. Ross Jr., Secretary
Ms. Anita R. Ancarana Kimball
P.O. Box 40
Harker's Island, North Carolina 28531
Dear Ms. Kimball:
Thank you for your letter dated September 6, 2003 expressing your concems regarding the
proposed Superior Landworks Mine in Carteret County.
Your concerns certainly deserve evaluation. Before a decision is made to grantor deny the
mining permit, concerns within the jurisdiction of NCGS 74-51 of The Mining Act of 1971 (copy
attached) must be addressed. During the application review, site inspections will be made and
comments will be solicited from other agencies regarding the potential impacts to wildlife, air and
water quality and groundwater.
Please note, however, that zoning concerns, such as truck traffic, noise and property
values, are not within the jurisdiction of The Mining Act and are more appropriately addressed
through the local government.
All proposed access roads located within mining permit boundaries must be included in the
reclamation bond costs. In addition, all operators are required to submit erosion and sediment
control plans that prevent off site sedimentation from occurring and plans to prevent inadvertent
public access to the site. These plans are incorporated into mining permits.
Again, thank you for your letter. Your comments will be incorporated into our review. If you
have any additional questions, please contact me at [phone].
c-h
ely, I
Jdt
A. Wenner
Assistant Mining Specialist
Land Quality Section
Attachments: The Mining Act of 1971
The Administrative Code
cc: Mr. Dan Sams. PE wlcopy of Ms. Kimball's letter
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 ! FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal opportunity 1 Affirmative Action Employer-50%Recyciea\10%Post Consumer Paper

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September 6, 2003
Anita R. Ancamna Kimball
PO Box 40,
Harkens Island, NC 28531 (mailing address)
Division of Land Resources
NC Department of Environment and Natural Resources
1612 Mail Service Center,
Raleigh,NC 27699-1612
Dear Sirs,
In response to the notice I received from Superior Landworks, David Ballou, of New Bern,NC
regarding a Mining permit for the tract of land located off SR 1327,Amos Gillikin Rd, Beaufort,
NC in Carteret Co.
First, the tax map used to locate residents within 1000 feet of the property was not current and
the addresses used to send the notices were also out dated, and some residents didn't get notices
and mine was delayed because I had moved two years ago.
My comments are as follows:
1. 1 have the largest contact with the proposed mining site and I share a fans road with that
property owner. Therefore, 1 will require that Mr. Ballou post a bond to maintain and repair the
farts road if it is used in conjunction with this project.
2. 1 have a horse farm that boarders the proposed site and I use the farm road for riding lessons,
exercise and pleasure and now I will have to compete with dump truck. Therefore, my use of the
farm road will be limited to when the mine is closed. This will affect my farts income negatively.
3. Any run off from the land can only go one way and that is into Gillikin Creek which feeds
into Wards Creek which is a major estuary for shrimp, clams, oysters, etc. Also, if any pumping
is done to remove water from the holes (ponds ???),this will also only run down hill. Again, into
Gitlikin Creek.
4. There has been a lot of concern about the West Nile virus, EEE,and other human illnesses
that are transmitted by mosquitos and because this hole will not have a natural flow of water, it
will be another breeding pit which will affect humans and animals. For you information, there is
already another"pond"on the other side of my house , not 600 feet from this new site which was
the result of the same mining type operation. It is also a mosquito and snake infested hole.
Because of the depth, it is considered unsafe for use.

5. One of the most important affects of additional mining in this one area is contamination of the
surrounding wells. I have four in operation now,and with digging such large and deep holes,
the ground water will be drawn thru the ground faster and the "normal"course of filtration that
occurs to make well water safe will be affected.
6. Operations like these in a residential area are not only unsightly, smelly, but very dangerous to
children and animals that may fall in.
Thank you for your attention to this matter. I hope you will understand and take into
consideration the affects this mining will have on our quality of life, homes, land and livelihood.
I understand there is no zoning in our area therefore we must depend on our governing
departments to protect us.
Sincerely,
!/�tJ
/_ te7t�
Anita R. Ancarana Kimball

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NCDENR seP s zoos
North Carolina Department of Environment and Natural R
Division of Land Resources
Land Quality Section
James D. Simons,P.G.,P.E. Michael F. Easley, Goyemor
Director and State Geologist August 12, 2003 William G. Ross Jr.,Secretary
MEMORANDUM ��Ot�121�3/4/S26�i y�y
TO: Mr. Dave McHenry / a AUG
Habitat Conservation P ram Coordin r v
Wildlife Resource o s . n Habt;-, r
FROM: Brenda M. Harris �j "" •1 ti,`v
Mining Program Acting Secretary u 3,6'J ��f - r;,
Land Quality Section. 111 q r �
SUBJECT: Mining Permit Application Request for Superior Landworks, Inc. ,
Superior Landworks Mine
Carteret County
Please find attached for your review a copy of the mining permit application (fl
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 September 5, 2003 so that we may complete our review of this
request within our statutory time limits. 1_
Lv Tfi
As is the case in our review of all mining permit applications, renewals and
�ae,d'/�°;✓� �
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 in the review of these type requests is greatly
appreciated. Please contact Ms. Judy Warner at [phone] if you have any
questions.
IBMH
Attachments
cc: Mr. Dan Sams
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 Adion Employer—50%Recycled;10%Post Cnaeumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section -
James D. Simons, P.G., P.E. August 12, 2003 Michael F. Easley, Governor
Director aPoIEMOGRAN�UM William G. Ross Jr., Secretary
TO: Mr. Nat Wilson
Hydrogeology Group
Division of Water Re s
FROM: Brenda M. Harri
Mining Program Acting Secretary
Land Quality Section
SUBJECT: Mining Permit Application Request for Superior Landworks, Inc.
Superior Landworks Mine
Carteret County
❑ Mine Dewatering Proposed ❑ No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit application 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 September 5, 2003 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
Wenner at (919) 7334574 if you have any questions.
/BMH
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 1919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina, 27504
An Equal Opportunity\Affirmative Action Employer-50%Recychi 110% Peal consumer Paper

• ATA •
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 August 12, 2003 William G. Ross Jr., Secretary
MEMORANDUM
TO: Mr. Phillip McKnell ctor
Division of Parks nd a reation
FROM: Brenda M. Harms, ming Program Acting Secretary
Land Quality Section
SUBJECT: Mining Permit Application Request for Superior Landworks, Inc.
Superior Landworks Mine
Carteret County
Please find attached for your review a copy of the first three pages of the mining
permit application and a location map 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 September 5, 2003 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
Wenner at [phone] if you have any questions.
/BMH
Attachments
cc: Mr. Dan Sams
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 1AfNmalire Action Employer-50%Recycled 110%Post Consumer Paper

• ©�A •
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 August 12, 2003 William G. Ross Jr., Secretary
MEMORANDUM
TO: Ms. Tracy Rice or Mr. Brian P. Cole
Application Review Coo ator
U.S. Fish and Wi if is
FROM: Brenda M. Ham
Mining Program Acting Secretary - Land Quality Section
SUBJECT: Mining Permit Application Request for Superior Landworks, Inc.
Superior Landworks Mine
Carteret 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. 7451 (2)).
Please respond by September 5, 2003 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
Wenner at [phone] if you have any questions.
/BMH
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Skeet.Raleigh, North Carolina. 27604
An Equal Opponunily 1 Alfirma5ve Action Employer-50%Recycled N 10%Post consumer Paper

i
Q��
Ntl
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 August 12, 2003 William G. Ross Jr., Secretary
MEMORANDUM
TO: Mr. Mike Street, Chief
Habitat Protection Sect*pa.
Division of Marin eri s
FROM: Brenda M. Har
Mining Program Acting Secretary
Land Quality Section
SUBJECT: SUBJECT: Mining Permit Application Request for Superior Landworks, Inc.
Superior Landworks Mine
Carteret 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 marine fisheries (G.S. 74-51 (2)). Please
respond by September 5, 2003 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 confinued cooperation in the review of these type requests is greatly -
appreciated. Please contact Judy Wehner at [phone] if you have any questions.
1BMH
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Strait, Raleigh, North Carolina, 27664
An Equal Cppormity 1 Affirmative Aclion Employer-50%Rmydea 1 to%Post Consumer Paper

• ®fin
�- DECEIVED
NCDENR sEP 0 5 2003
North Carolina Department of Environment and Natural esources
Division of Land Resources $Y
Land Quality Section -
James D. Simons, P.O.,P.E. Michael F. Easley,Governor
Director and State Geologist August 12, 2003 Illiam G. Ross Jr., Secretary
MEMORANDUM rr
TO: Mr. Dave McHenry d(yr J
Habitat Conservation P Coordinator J"
Wildlife Resource m i si
AUG
FROM: Brenda M. He
Mining Program Acting Secretary ° 9fablist
Land Quality Section 3, p B�tlServ.,ation
R y
SUBJECT: Mining Permit Application Request for Superior andworks, Inc.
Superior Landworks Mine
Carteret 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 September 5, 2003 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 in the review of these type requests is greatly
appreciated. Please contact Ms. Judy Wenner at [phone] if you have any
questions.
/BMH
Attachments
cc: Mr. Dan Sams
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 I Affirmative Action Employer-50%Recycled 110%Post Consumer Pacer

Alm
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Marine Fisheries
Michael F. Easley, Governor Preston P. Pate, Jr., Director
William G. Ross, Jr., Secretary
RLCEI er)
MEMORANDUM SEP 0 5 2003
By--
TO: - Brenda M. Harris
Mining Program Acting Secretary
Land Quality Section
FROM: Mike Street 2!fon
DATE: September 3, 2003
SUBJECT: Superior Landworks, Inc.
Carteret County
Attached is the Divisions' reply for the above referenced project. If you have any questions,
please do not hesitate to contact me.
Mslsw
p<,m�wavimia<.viv
3441 Arendell St, P.O.Box 769, Morehead City,Norm Carolina 28557
Phone:[phone] FAX: [phone] Internet.www.ncdm6.net
An Equal Opportunity 1 Affirmative Acton Employer-50%Recycled 110%Post Consumer Paper

MARINE FISHERIES
Memo
To: Brenda M. Harris
Through: Mike Street
From: Mike Marshall 44D&N,_
Date: 08/25/03
Re: Superior Landworks Mine
The North Carolina Division of Marine Fisheries has reviewed the subject permit application
under authority of General Statute 113-131, and we offer the following comments.
The proposal by Superior Landworks to mine a 20.18 acre site to a depth of 30 feet causes
concerns about the disposition of water from the mine site. It appears that a mine extending to
30 feet below sea level will require dewatering. There is an existing mine site east of Wards
Creek in the same general area that now serves as a scuba diver training area because it has
filled with clear ground water. Pumping of large amounts of fresh water that could flow
directly into Gillikin Creek would have serious detrimental affects on marine fisheries
resources in the creek. Pumping of the mine site would have the same effect as pumping of
agricultural field drainage ditches that have been shown to significantly alter the salinity of
small tidal creeks making them uninhabitable for marine and estuarine species.
It is recommended that the applicant develop a plan for disposal of ground water and have it
approved prior to issuance of the permit. The plan should show how water would be allowed
to slowly return to the natural system.
0 Page 1

ATLA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Marine Fisheries
Michael F. Easley, Governor Preston P. Pate, Jr., Director
William G. Ross, Jr., Secretary
MEMORANDUM
TO: Mike Marshall/ Mike Street
Biologist/DMF
FROM: Mike Street
Habitat Protection Section
Division of Marine Fisheries
SUBJECT: Mining Permit Review (eS [ 0 �f IF D
APPLICANT: Superior Landworks, Inc. AUG 2 6 20M
PROJ. LOCATION: Superior Landworks Mine/ Carteret County ��
DUE DATE: September 5, 2003 GItli FHABITAT
Please indicate below your position or viewpoint on the proposed project and return this form to
Habitat Protection Section, Morehead City. If you have any questions regarding the proposed project,
please contact Tracy E. Davis, State Mining Specialist, Division of Land Resources / Land Quality
Section at [phone].
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: /Mr ��^rI� Q U. Pam^" DATE:
3441 Arendell St., P.O.Boa 769, Morehead City, North Carolina 26557
Phone: [phone] FAX: [phone] Internet.www.ncdmf.net
An Equal Opportunity 1 Affirmative Action Employer-50% Recycled l 10%Post Consumer Paper

Ri CEIVEb
ow Cu :ii 15c"CTiON REGICNAL Or #CAP 0 5 2003
MINING APPLICATION REVIEW CHECKLIST _ m m
ATIO /PERMIT NO.: ! A-�5 ACTION: odification RenewalTransfer —Release
APPLICANT NAME: SLgolA.ri -a Ad) MINE NAME: ��i� 4&NTY: "&71
Administrative Issues:
A. Is the site currently under NOV? Yes No Explain:
B. Is the site under CAMA jurisdiction? Yes (5 Explain:
Field Issues:
A. Are potential wetlands and watercourses properly indicated on the Mine Map? Yes l,Nn; Explain:
/J0 uf,^r cn NOS 5!n�.i F�cO nxl i�cANS
B. Are the proposed buffer zones adequate? !e No Explain:
C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? Yes t'(oV )
Explain: P4 DT o--r c P - -s
0. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? es No
Explain:
E. Is visual screening needed? Yes No Explain:
F. Are the proposed erosion and sedimentation control measures properly located to prevent offsite
sedimentation? Ye No Explain:
G. Is the proposed revegetadon/reclamation plan acceptable? & No Explain:
Date inspected: Z c3
Erosion and Sedimentation Control Plan Review:
It is the responsibility of the Regional Office staff to verify the adequacy of the E&S measures. Please provide
any concerns or comments: 71meo#Aa+ 2ue ,IL STacka , c LcPts A96c -1-Lo 5 tEP
Ir 'Sn5ckptLte ROE LECT Gd AnJ @.-TEND A 2 !C
Other Comments:
17F�a goer ✓ 767MLS ha7b AIor So EC I FY 7 6CHAa E ;)k 14 AJS 'DE P7971J
RATts w F tcr Lc L+L T fP at 6pt-e-Po W 3o rr 'D'EP reco w` ruG
Who was the aoolicafion routed to and when?:
Division of Air Quality: Date:
Division of Water Quality (Water Quality Section only): Date: 8- r 4-63
Other: Date:
Inspector/Reviewer's Name: Date: 9
Regional Engineer' _; Name: 9 �3 'a3

MINING PERMIT APPLICATION REVIEW FORM
for
DIVISION OF 'NA TEA QUALITY
Project: 'l u/ f/I/ i County: 64. t
**Due Date for Comments Sack to land duality Section: 9-5' a3
Will the operation, as proposed, violate standards of water quality?
Comments:THERS /s tin itgnrearinN of A)trTLR E)r DM HHf�
SI- L' hi�, �F[aJtlTe "IU A067TTN of '-]OL-`f HS/_ Hf4�
$J n-r '�i � 4RRCT1['aL ON tH i < TF r�hFWaT 'GAR H16HB4
'Uc�,n ATE¢l .ir 00163 YYfA l SP&Gj F[pZ /N q-nie Rrlerl.
Kf`�DES' f'�-EeMIT /Jlu G9EC � THE NSpe Troe Nort rre zrm Ar
q-pl-hN 7'a f001to It1Pac75 4l -1-Ti2 i NT &.S6YLAN1)5
Watershed/Stream Name & Classification: 6fulKIN C2t�'K
sA w9co
YES N0
NPDES permit required ✓ _
NPDES permit existing _ (Permit R_._I
Nondischarge permit required
Nondischarge permit existing _ (Permit 1 `�
Wetlands disturbed SEc PSba F
401 Wetland Cert. required _
401 Wetland Cert. existing _ (Permit R_J
Reviewed by: / Q Date:
Print Name:
ronaco

MINING PERMIT APPLICATION REVIEW FORM
for
DIVISION OF AIR QUALl'rY
Project: _59I✓ 'v L ;ML?ta�6f"9ut4 County: &A&Lf /
"Due Date for Comments Back to Land Quality Section: 9- 5- 03 - •• j///
Will the operation, as proposed, violate standards of air quality? A
Comments:_ `
/Vii Crw rill Pr P Y D- 71
o -,p of or So 1J to JJ
kJ CR . /
O ,
YES NO
Air permit required _ e
Air permit existing _ (Permit # )
Other Comments:
Reviewed by: JT Cq4- ram-( Date: s ZO V3
Print Name: ✓ 2 k
mlz000
l (6 Wvi � Prml�t �t
C : WIRv DAtt� Fife Scctrc-el

... _. 3 '03.
atate of North Carolina Sep 10:06 P.01
Department of Environment and Natural Resources
Wilmington Regional Office .
Michael F. Easley, Governor I William 0.Ross Jr., Secretary
FAX COVER SHEET
Date: %�3JZt�a3 No. Pf Pages: a covda
To: From: 2G
CO:_ _ y�Vku�src CO
FAX #: Cil cj ➢32 ZFs 74 F #: 910-3594 1_ 16
.. REMARKS: �vPErz L N elfl �'I n.� 'LTV lE..�
rA CaeGmlDrive htwbq WRmInVen,N.C.Wimm Teley9one(910)1994900 Fox(910)310.70"
An Eggalepp9 B;ty A InN.e Action Employer

Sep 3 '03.10:06 P.02
i. Yi w Pi i( SECTION REGIONAL FACE
MINING APPLICATION REVIEW CHECKLIST -v= m
PPUCATI !PERMIT NO.: !4Al ESSi ACT[ N. New odification Renewal Transfer Re
lease
//arty
APPLICANT NAME: ntNL W2jwd CY NINE NAME: ANTY: ;t�
Administrative Issues:
A. Is the site currently under NOV? Yes No S,plain:
S. Is the site under CAMA jurisdiction? Yes oI Explain:
Field Issues:
A. Are potential wetlands and watercourses prope my indicated on the Mine Map? Yes ,No Explain:
NO TLAUo� Sr"fC, PLO rw �CANs
S. Are the proposed buffer zones adequate? No Explain:
C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? Yes
Explain: LL191,5 M OT, Cr r l- - -
0. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? es No
Explain:
E. Is visual screening needed? Yes 0 Explain
F. Are the proposed erosion and sedimentation o ttrol measures properly located to prevent offsite
sedimentation? Ye No Explain:
G. r Is the proposed revegetation/reclamation plan ceptable? es No Explain:
Date inspected: Z c3
I
Erosion and Sedimentation Control Plan Review: I
It is the responsib lity of the Regional Office staff to verjfy the adequacy of the E&S measures. Please provide
any concerns or comments: _ a a a 7UPSdil s P�s AC6 -„e -lF+a
rr racx r
OlhecComments:
17�e�or E21d.%= �PTM L4_ i�'7b nlri� 156�r'1' iFY fliSCNAonn arA�;; "]�...PYnde
ROTES arF r= 'or Lcmisi n rn a- Cr27ECM garrbFca t'.PouAner_-
Who was the application routed to and when?:
Division of Air Quality: Date:
Division of Water Quality (Water Quality Section only): Date: I- r /• 0�
Other. Date:
Inspector/Reviewer's Name: Date: 3
Regional Engine?s Name: �' � ^^' 4 /3 w3

• Sep 3 '03. 10:06 P. 0
MINING PERMIT APPLICATION REVIEW FORM
far
D1V1S! 7N OF WATC•R QUALITY
Project: fk"Awab County:
••Due Date for Comments Back o Land duality Section:
Will the operation, as proposed, violate standards of water quality?
Comments: oT rllp'rLw, 0' nm Ti:T
slTaz 0 AP. E
H 'PAX M&44ER
s x
t - no r
.4ro1.rara to Auora rnhaems Qe t_�—nrarY r�srcaxxnS
Watershed/Stream Name 1. Classification: 61LLwiq Cae�K
�
YES NO
NPOES permit required
NPOE5 permit axisting _ (Permit X^�
Nondischarge permit requi ad
Nondischarge permit existi g (Permit Y ) v
Wetlands disturbed
401 Wetland Cart. require _ ✓
401 Wetland Car%. existin ',-�{� (Permit
Reviewed by: "" — Oate: & 0
Print Name; 7.)
lortoca

i
Sep 3 '03.10:07 P. 04
MINING PERMIT APPLICATION REVIEW FORM
for
DWIS/ONFAIR ObAUTY
Project: - CountyJ 44taf /
"Due Date for Comments Back to Lan Quality Section: S " 03
Will the operation, as proposed, violate standards of air quality?
Comments:_ 1
o G.ra a r. r _ 7
5 nqg, 9 O
YES NO
Air permit required
Air permit existing _ (Permit /h_1
Other Comments:
Reviewed by: �I- nd- ?Date:
Print Name: e F e Ck r r s
1012000
C : kyll2v coD49 File — ICy . ` " , PS� 4r{�

Log In #: 2 J
DPR/RRS Mining Permit Application Review
CRRS Contact: I M Ae , A
Name of project: J�gcyltw LaylAtJ�W� /S i-yke�
County: "" ew
eA-
Proposed activity is is not _ within 5 miles of a public park or recreation area.
If yes, identify the park: EA5i-MAl P9ft,ot..
Manager/agency name: Nal Ms r Cbw 7.y Io/heKs a Qcc �s07•
(contact name): MA*V ANNC
(phone, fax):
(email):
Review conducted by: 24; /V//c6rG Date:
PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS,
YOU CAN ALSO EMAIL YOUR COMMENTS TO:
Nanw.Adsml@acmaiLaet
THANKS!
EAUG;Return torm and materiels to:
Nancy Adams 2 9 2000
DENRIDivision of Parks & Recreation
1615 MSCDENARaleigh,NC 27699-1615 AtITY SECTION
(Please Print on COLOR Paper)

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources—
Land Duality Section . U (5_ �Q�
James D. Simons,P.G., P.E. zj
hael FEasley,Governor
Director arid State Geologist August 12, 2003 f as Jr., Secretary
AUG MEMORANDUM !6'G TO: Mr. Philli McKnell , Director P Y LAND OUADivision of Parks and Recreation --�;.ua
FROM: Brenda M. Harris, Mining Program Acting Secretary
Land Quality Section
SUBJECT: Mining Permit Application Request for Superior Landworks, Inc.
Superior Landworks Mine
Carteret County
Please find attached for your review a copy of the first three pages of the mining
permit application and a location map 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 September 5, 2003 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
Wenner at (919) 73341574 if you have any questions.
/BMH
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699.1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolma,27604
An Equal opporluray lAPmWiveAction Employer-50%Recycled 110%Prot Consumer Paper

140P
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
John N. Morris, Director
August 25, 2003
J
MEMORANDUM ( [ [ Q [ D
TO: Judy Wehner D
Land Quality Section AUG 2 5 2003
FROM: Gabrielle Cooper 4/ UENn
Water Allocation Section LANU QUALITY SECTION
Division of Water Resources
SUBJECT: Comments on the Mining Permit Application Request for:
Superior Landworks, Inc.
Superior Landworks Mine
Carteret County
Please find attached a copy of the mining permit application request for the above referenced project.
The Superior Landworks Mine located in Carteret County should not have an unduly adverse
effect on ground water supplies due to dewatering of less than 10,000 gallons per day (gpd). Superior
Landworks will need to register their water withdrawals with the Division of Water Resources on an
annual basis if the withdrawals are more than 10,000 gpd. I have sent them directly a water use
registration form on August 25, 2003.
Any water withdrawal will be subject to North Carolina General Statute 143-215.22H;
Registration of Water Withdrawals and Transfers Required. Any person who withdraws in one day
10,000 gallons or more of surface water or ground water in North Carolina is required to register the
withdrawal with the Division of Water Resources. A Central Coastal Plain Capacity Use Area
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 [phone]
or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611.
CC: Mr. Davis Ballou
Superior Mine
660 Old Vanceboro Road
New Bern, North Carolina 28560
1611 Mail Service Center, Raleigh, North Carolina 27699.1611
Phone: [phone] FAX: [phone]nternet: www.ncwater.org
Anc,.,,d e.e,.n rmmi..,.r_snor,.n..wAl inoA perm rnn.....,..Po.

r . � �.�E
��1�� � � �".;�� � ,
� � r ,I
�•

• i
NCDENR
North Carolina Department of Environment and Natur - >
Division of Land Resources
Land Quality Section AUG 12 2005
,lames D. Simons, P.G., P.E. August 12, 2003 01 F. Easley, Govemor
Director and State Geologist 1>VATER I s Jr., Secretary
MEMORANDUM
TO: Mr. Nat Wilson
Hydrogeology Group
Division of Water so
FROM: Brenda M. HarriL'�O�
Mining Program Acting Secretary
Land Quality Section
SUBJECT: Mining Permit Application Request for Superior Landworks, Inc.
Superior Landworks Mine
Carteret County
Mine Dewatering Proposed ❑ No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit application 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 September 5, 2003 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. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / FAX, 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina,27604
An Equal opportunity t Affirmative Action Employer-50%Recyded t 10%Post Consumer Paper

SG

NCGS Mine Permit Appllcatl0n Review Checksheet
Application ID 19A-54 L03 Complete This Section Attach Pages 1.3 of Mine uc t e 2003
le D
ation
Mina Name Suparlor Lane Works Mine Company Name Superior LandWGfk5 NF
LAND O 1411 SECTION
Data Due LOS 91112 03 Parmlo Type: New Now-thousand
Modi0ca110n-hanall i
NCGS Complete This Socllon
Commodity Island and gravel Geechlimhstry no comment
CountyV—
Hia iCountyDaneral Mlnenl� '
7.5'Quad WILLISTON Sutal;rce carbonate units 1. -
Let(0"009) 34.776500
Shape stability no comment
Long(OecOeg) A5.S53800 Y
1985 Geologic Op-SellGal deposits undivided
Map Unit seismic Hamm inot comment
arydropeclogy paper 2.
Other notavailabie
Qeologkt Map
Vrol MlnamY other 3,
Resources
LMolopy: unknown
Flood pkIn no
DBp .
Comments t.NURE graupd#sler data Indicate a pH- .25:poll for carbonate until slnkhoies not observed on 317193 Scroll
photograph.2.Near surface groundwator preaent
Comments 3.Adjacent to pze-exleitingwater-Oiled excawllon visible on Uh93 aerial photograph.
(Cam's)
Note Seismic hazard value IS the peak h rrixpntal acceleration win a lO%chance of exceedence In 50 years, Reference
value Is firm ber 1,actual site conditions may vary. Souroe-Natlanal Seismlc-Hazard Maps Documentation, June 1996,
U, S.Geo4lcel Suhey Open-File Reportg0.532(http'71gldrl m.Ol.cr.usgs.gov/selshaxlpgal0,htmp.
Record No 235 RaNewarl IRMW P.V ComplDalel 8/15I2003 -
Revlewor2 JJCR ComplDale2 511512003
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North Carolina cepr. of Environment and Natural keawttee
Mner113e Regional Office
Oivielon of rand Resources - Geological Survey
59 NONFin Place
Asheville. K 29001
Tel: 83e-251-6309 e[t.216
Fee: 830-251-6452
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MINING CHECKLI5T FOR ROUTING mm
Applicant's Name: �[YAtAt� �LvMC`i/1-I�ro}ect Name:
cpPrIc /pplic /Permit No.:�/�{ S County: Date Received:
Reviewer. River Basin Name: W4L pkt
Y
�Ieeew ❑Renewal 0 Modification (inside permit boundaries)
0Modflcation (outside permit boundariee) ❑Transfer ❑Release
❑Partial Release ❑Additionallnformation D Fee Needed:
$
XFee Received: $ asooD
Please route entire application prka4p tm �^
Regional Office (2 complete copies; attach the ` egional
Office Mining Application Review Checklist"to one copy and attach }rnth he DW d OAQ
"Mining Application Review Form"to the other copy, send both copies to a io gineer)
" � Date: Routed R�12/o 3 B Rec'd
4elbivision of Water Resources Date: Routed 1 1 Reed
`NC Wildlife Resources Commission Date: Routed Recd
Fish & Wildlife Service Date: Routed Rec'd
{ (Only new applications and modification requests that add land to the permit)
mute Prot 3 pages of the application and any lo
of
Division of.Parks & Recreation Date: Routed & e Reed
S NC Geological Survey Section Date: Routed Reed
(Only new applications and modification requests that add Ian to the permit)
Division of Archives & History Date: Routed Rec'd
(Only new applications)
dther. D-Al G Date: Routed Recd
i -
"5uopense Date for Comments: 41103 (no later than 25 days
. from receipt)
/ potilease note the following: i1

AGA
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 August 12, 2003 William G. Ross Jr., Secretary
MEMORANDUM
TO: Mr. Dave McHenry
Habitat Conservation Program Coordinator
Wildlife Resources Co9prrilission
FROM: Brenda M. Harris
Mining Program Acting Secretary
Land Quality Section
SUBJECT: Mining Permit Application Request for Superior Landworks, Inc.
Superior Landworks Mine -
Carteret 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 September 5, 2003 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 in the review of these type requests is greatly -
appreciated. Please contact Ms. Judy Wenner at [phone] if you have any
questions.
IBMH
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 v 919-733-45741 FAX: 9IK33-2876
512 North Salisbury Street, Raleigh, North Carolina.27604
An Equal Opportunity\Alfirmative Action Employer-50% Recyded 11o%Post Consumer Paper

f
NCDENR-
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. August 12, 2003 Michael F. Easley, Governor
Director and
MEMORA oo��NDst William G. Ross Jr., Secretary
TO: Mr. Nat Wilson
Hydrogeology Group
Division of Water s
FROM: Brenda M. Harris
Mining Program Acting Secretary
Land Quality Section
SUBJECT: Mining Permit Application Request for Superior Landworks, Inc.
Superior Landworks Mine
Carteret County
Mine Dewatering Proposed ❑ No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit application 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 September 5, 2003 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.
IBMH
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 ! FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled L i 0%Post Consumer Paper

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, Govemor
Director and State Geologist August 12, 2003 William G. Ross Jr.,Secretary
MEMORANDUM
TO: Mr. Phillip McKneliy, Director
Division of ParksPining
reation
FROM: Brenda M. Harris, Program Acting Secretary
Land Quality Section
SUBJECT: Mining Permit Application Request for Superior Landworks, Inc.
Superior Landworks Mine
Carteret County
Please find attached for your review a copy of the first three pages of the mining
permit application and a location map 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 September 5, 2003 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. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 / FAX; 919-733-2876
512 North Salisbury Street, Raleigh,North Carolina,27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycied 1 10%Posl consumer Paper

AGUA
NCDENR-
North Caroiina 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 August 12, 2003 William G. Ross Jr., Secretary
MEMORANDUM
TO: Ms. Tracy Rice or Mr. Brian P. Cole
Application Review Coordinator
U.S. Fish and Wil ' 'ce
FROM: Brenda M. Harris
Mining Program Acting Secretary - Land Quality Section
SUBJECT: Mining Permit Application Request for Superior Landworks, Inc.
Superior Landworks Mine
Carteret 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 September 5, 2003 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.
IBMH
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycied 1 10%Post Consumer Paper

keLAW •
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 August 12, 2003 William G. Ross Jr., Secretary
MEMORANDUM
TO: Mr. Mike Street, Chief
Habitat Protection Section
Division of Marine Fi es
FROM: Brenda M. Harris
Mining Program Acting Secretary
Land Quality Section
SUBJECT: SUBJECT: Mining Permit Application Request for Superior Landworks, Inc.
Superior Landworks Mine
Carteret 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 marine fisheries (G.S. 74-51 (2)). Please
respond by September 5, 2003 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 in the review of these type requests is greatly
appreciated. Please contact Judy Wehner at [phone] if you have any questions.
IBMH
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 1 10%Post consumer Paper

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❑ As requested ❑ Returned for corrections ❑ Retum corrected prk4s
❑ For review and comment ❑
❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
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NORTH CAROLINA
MINING PERMIT APPLICATION
State of worth Carolina
Department of Environment
and Natural ' Resources
Division of Land Resources
Land Quality Section
�E�Er`'ED
161Z Mail Service Center
Raleigh , North Carolina 27699-1612
(919) 733-4574

a f i
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine Superior Landworks Mine County Carteret
River BasinWhite Oak Latitude (dd.mm.ss) N43A 46' 05" Longitude (dd.mm.ss) W76^ 33'30"
2. Name of Applicant*._ _ Superior Landworks
3. Permanent address for receipt of official mail** 660 Old Vanceboro Road
New Bern NC 28560
Telephone [phone] ,
4. Mine Office Address 660 Old Vanceboro Road
New Bern, NC 28560 Telephone--L252) 728-5551__
5. Mine Manager David Ballou
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 7 ��
Print Name David Ballou
Title Mine Manager
* This will be the name that the mining permit will be issued to and the name that must be_indicated on the
reclamation bond (security) that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** Signature of company officer required.
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt
of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any
supplemental information required by the Department. All questions must be addressed and all required maps
provided before this application can be considered complete. Attach additional sheets as needed.
-1-

i
I
I
Ir 1
� �
•

APPLICATION FOR A MINING PERMIT
0 NOTE: All of the following questions must be thoroughly answered with regards to your mining
operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,
detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
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
permit (this is the acreage thatttt e'"new permit" fee will be based upon): 20.18
Of this acreage, how much is owned and how much is leased? Acres owned; 20.18 Acres
leased: Property owner if leased:
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
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
number and the total (overall) acreage covFr—eJTy the existing permit: Mining Permit
No.: Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
Yes—No—. If yes, indicate the acreage to be covered by this modification(this is the acreage that
the "major modification" fee will be based upon):
Does the modification involve acreage outside the previously approved permitted boundary?
Yes 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).
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):
d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and
the total (overall) acreage coved by the existing permit: Mining Permit No.:
Total permitted acreage:_
❑ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO
BE PAID FOR THE REQUESTED PERMIT ACTION(S)AND CORRESPONDING ACREAGE NOTED
ABOVE
2. Name of all materials mined: Sand
3. Mining method: Hydraulic Dredge Front-end Loader& Truck Shovel&Truck
Dragline & Truck Self-loading Scraper Other(explain) X
Excavator and Truck
-2-

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.)
Mean Sea Level
b. Expected average depth of mine (feet) 30
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) conies of all maps and reclamation
maps, must be submitted with each permit application.
- 7.5 minute quadrangles may be obtained from:
N.C. Geological Survey
NCDENR
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
[phone]
- County highway maps may be obtained from:
Location Department
State Highway Commission
Raleigh, North Carolina 27602
[phone]
-3-

• 0
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
including easements and rights-of-way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.
d. Outline and width of all buffer zones (both undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
f. Outline and acreage of all stockpile areas.
g. Outline and acreage of all temporary and/or permanent overburden disposal areas.
h. Location and acreage of all processing plants (processing plants may be described as to location and
distance from mine if sufficiently far removed).
i. Locations and names of al I streams, rivers and lakes.
j. Outline and acreage of all settling and/or processing wastewater ponds.
k. Location and acreage of all planned and existing access roads and on-site haul roads.
1. Location of planned and existing on-site buildings.
m. Location and dimensions of all proposed sediment and erosion control measures.
n. Location of 100-year floodplain limits and wetland boundaries.
o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor
of the mine tract, names of owners of record of tracts adjoining these tracts,that are within 1,000 feet
of the mining permit boundary, must be provided on the mine map.
p. Names of owners of record, both public and private,of all tracts of land that are adjoining the mining
permit boundary which lie directly across and are contiguous to any highway; creek, stream, river,
or other watercourse; railroad track; or utility or other public ri bt-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:
I. Name of applicant
2. Name of mine
3. North arrow
4. County
5. Scale
6. Symbols used and corresponding names
7. Date prepared and revised
8. Name and title of person preparing map
Map scales should meet the following guidelines;
PERMITTED ACREAGE MAP SCALE
0-99 Acres 1 inch= 50 feet
100-499 Acres 1 inch= 100 feet
500+Acres I inch=200 feet
(NOTE: Smaller scaled maps maybe acceptable if they clearly illustrate the above items)
-4-

APPLICATION FOR A MINING PERMIT
A table/chart must be provided on the mince 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 wdl be acceptable:
CATEGORY AFFECTED ACREAGE
Tailings/Sediment Ponds 0.26
Stockpiles 0.12
Wastepiles 0.00
Processing Area/Haul Roads 0.92
Mine Excavation 16.46
Other 0,00
NOTE: IN ADDITION TO THE ABOVE,THE MAPS MUST ALSO INCLUDE ANY SITESPECIFIC
ININ ORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS
IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTA TEMENTS
THROUGHOUT THE FORM. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE
WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS.
-5-

� ,. �
•y, .. ;� .
. . . . • •

M i
APPLICATION FOR A MINING PERMIT
C. PROTECTION OF NATURAL RESOURCES
1. Describe in detail the sequence of events for the development and operation of the mine and reference the
sequence to the mine map(s). Attach additional sheets as needed.
1.) Strip topsoil in area where excavation will begin. Topsoil will be temporarily stockpiled on-site
And stripped as excavation area increases.
2.) Establish barriers and mining limits.
3.) Begin excavation.
2. Describe specific erosion control measures to be installed prior to land disturbing activities and during
mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine
excavation(s), waste piles, access/mine roads and process areas),and give a detailed sequence of installation
and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures
on the mine map(v)and provide typical cross-sections/construction details of each measure. Engineering
designs and calculations shall be required when needed to justify the adequacy of any proposed measures.
1.) Install stone construction entrance. 50' minimum length
2.) Establish 25' unexcavated buffer along north boundary, 25' undisturbed buffer along east and south
Boundaries, and 50' unexcavated buffer along west boundary.
3.) Install sediment settling pond per plans before excavation of mine pit.
4.) Install check dam in drainage ditch before excavation of mine pit.
3. a. Will the operation involve washing the material mined, recycling process water, or other waste water
handling? Yes No X . If yes, briefly describe all such processes including any chemicals to be
used.
b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge
to the waters of the State? Yes No X If yes, briefly describe the nature of the discharge and
locate all proposed discharge points (along with their method of stabilization) on your mine map(s).
-6-

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: 10,000 _ . Locate all existing wells on the mine
map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any
conclusions or statements made, 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.
Existing wells are shown on mine map. Due to the low rate of dewatering, no adverse affect
on existing wells is expected. The existing wells shown are for private residential use.
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.
NPDES Application being submitted.
4. a. Will the operation involve crushing or any other air contaminant emissions?
Yes No X If yes, indicate evidence that you have applied for or obtained an air
quality permit issued by the Division of Air Quality or local governing body. _
b. How will dust from stockpiles, haul roads, etc., be controlled?
Due to the low rate of expected excavation, large stockpiles are not expected to accumulate
Nor should the low number of truck runs create a dust problem on the haul road. However,
Should a dust-erosion problem develop, water will be used to dampen the stockpiles and haul
Road in a manner to control dust yet not create silt erosion leaving the site.
-7-

• i
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 &
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.
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(5).
A 25' unexcavated buffer shall be established along the north property line, a 25' undisturbed
Buffer shall be estalished along the east and south property lines, a 50' unexcavated buffer
Shall be established along the west property line.
b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities
within the mining permit boundaries and any natural watercourses and wetlands unless smaller
undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may
be needed.
How wide an undisturbed buffer will be maintained between any land disturbing activities within
the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer
locations and widths on the mine map(v).
No wetlands or natural watercourses exist within the mining permit boundary.
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
minimunt 3 horizontal to I vertical slopes or flatter for sandy material are generally required, unless
technical justification can be provided to allow steeper slopes.
The minimum side slopes shall be 3:1.
-8-

APPLICATION FOR A MINING PERMIT
b. Provide a cross-section on the mine maps)for all fill slopes (berms, wastepiles, overburden disposal
areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or
slope drains (with supporting design information) if needed, and the method offtnal stabilization.
Cross-section for temporary stockpiles provided on mine map. This cross-section shall be
Applied to any berms or wastepiles, though none are anticipated at this time.
c. In excavation(s)of unconsolidated(non-rock) materials, specify the angle of all cut slopes including
specifications for benching and sloping. Cross-sectionsfor all cut slopes must be provided on the
mine map(s).
Side slopes in excavated area shall be 3:1 above the mean high water table and 1.1 below the
Water table. 2
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 all safety benches and
mine benches, and the expected maximum depth of the excavation.
NIA
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.
A 50' uncxcavated buffer shall be established along the west property boundary.
8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area
and when it will be implcmented. 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).
A gate with lock shall be installed at the entrance to the property, off Amos Gillikin Road, as shown
On map.
-9-

s 0
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?
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.
A natural vegetated screen exists along the frontage to Amos Gillikin Road. No further screening
Is planned at this time because Amos Gillikin Road is a secondary road with minimal local traffic.
b. Could the operation have a significantly adverse effect on the purposes of a publicly owned ark,
forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated?
There are not public facilities in the area that could suffer adverse affects.
11. Will explosives be used? Yes No X . If yes, specify the types of explosive(s) and
describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property
from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby
structures, more detailed technical information may be required on the blasting program (such as a third-
party blasting study). Locate the nearest offsite occupied structure(v) to the proposed excavation(s) on
the mine map and indicate its approximate distance to the proposed excavation.
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 ofspill. Indicate
the location(s) of all storage facilities on the mine map(s).
-10-

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APPLICATION FOR A MINING PERMIT
D. RECLAMATION PLAN
I. 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 mast 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 crass-sections, of any
permanent channels to be constructed cis part of the reclamation plan and the location(s) of all permanent
channels must be indicated on the reclamation map.
When the proposed mining activity is complete, the side slopes above mean high water shall be graded
To 3:1 minimum slope and seeded for permanent cover according to the schedule on the map. The
Shoulders of the existing road shall also be seeded as necessary where any damage may have occurred.
The existing soil road shall be reconditioned to its current state.
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-sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet,
measured from the normal low water table elevation, unless information is provided to indicate that a more
shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with
fish? Yes No X . If yes, specify species.
The body of water to be left shall be inside the limits of permitted excavation. Side slopes shall be as
Illustrated in the cross-section on the mine map. The expected average depth of water is 30 feet from
Mean sea level. The body of water and property shall be set up as a waterfowl impoundment.
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, not excavating rock

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.
No waste areas are planned to be used on-site. Should a waste area be developed during the mining
Process, the reclamation described on the mine map shall be followed.
5. a. Describe reclamation of processing facilities, stockpile areas,and on-site roadways.
No processing facility on-site. The temporary stockpiles shall be removed, there will be no stockpile
Area outside the proposed area of excavation. The on-site soil road shall be in its existing condition
As will the road ditches.
b. Will any on-site roadways be left as part of the reclamation? Yes X _ No Ifyes,
identify such roadways on the reclamation map and provide details on permanent ditch lure stabilization.
The soil road and ditches along this road shall be left in their existing condition.
6. Describe the method of control of contaminants and disposal of scrap metal,)unk machinery,cables,or other
such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off-site
generated waste shall be disposed of on the mine site without prior written approval from the NC
Department of Environment and Natural Resources, Land Quality Section and either the Division of
Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM
for the site, a copy of said permit must be attached to this application. All temporary and permanent
refuse disposal areas must be clearly delineated on the mine map(.$) and reclamation map, along with a list
of items to be disposed in said areas.
Any such waste materials shall be hauled to a proper disposal facility.
-12-

APPLICATION FOR A MINING PERMIT
7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan most
include recommendations for veer-round seeding, including the time of seeding and the amount and type
of seed, fertilizer, lime and mulch per acre. The recommendations must include gcncral seeding
instructions for permanent revegetation and, if necessary, temporary revegclarion. 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;
gg 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):
FERTILIZER - ANALYSIS AND RATE OF APPLICATION (poundslacre):
SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING
SCHEDULE (poundslacre): [NOTE: Include Legumes]
Seed Types: Seeding Dates: Seeding Rates:
See Seeding Schedule on Mine Map
MULCH -TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING:
OTHER VEGETATIVE COVERS— TYPE (S) AND RATE (S) OF APPLICATION INCLUDING
SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc):
Rcvcgctati MW reforesta n pl{t�r appro cd b
Signature u..+ Date
Print Name t.pnp,�,f'� - C U
Title
Agen 1 n t 1'1R
-13-

APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation worksheet is(o be used(o establish an apppropria(e bond(based upon a range
oJ$500 to $5,000 per affected acre) or each permitted mine site based upon the acreage approved by the
Department to be affected during(he ije ojlhe mining permit. Please insert the approximate acreage. for each
a nec afthe mining tweratiom ghat wu intend to affect during the life ofthis mining Hermit tin addition. Please
insert ( e a�opriale reclamation cost/acre for each category from the Schedule of Reclamarion Costs
rimed wi( this aPPlication farm) OR you can defer to the Department to calculate your bond for you based
upon you�tandar reclamation cos(s:
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE* COST
Tailings/Sediment Ponds: 0.210 Ac. X $ 500, 00 /Ac. _ $ 130, Do
Stockpiles: 112 Ac. X $ jkLa 00/Ac. _ $ 211..00
Wastepiles: _ 0- Ac. X $ 21000. 00/Ae. _ $ - 0 —
Proensing AreaMaul Roads: O, 92 Ac. X $ 1. 800.00 /Ac. _ $ 1106, 00
Mine Excavation: _llo. lab Ac. X $ 500. 00 /Ac. _ $ 8, 23D. 00
Other: -0 - Ac. X $ 1Jla /Ac. _ $ - 0-
TOTAL AFFECTED AC.: 17. 76 Ac.
(TOTAL PERMITTED AC.: 2O. 18 Ac.) a 00
TemooWc & Permanent Sedimentation & Erosion Control Measures:
Divide the TOTAL AFFEC,rED AC. above into the following two categories: a) affected acres that drain into
proposedlexisting 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 mage Ac.
Drainage Positive O Ac. X $1,500.00 = $ CJ
hh a3�0
SUBTOTAL COST: $ V
Inflation Factor:
0.02 X SUBTOTAL COST: $ 15 912,00 X Permit Life (1 to 10 years): 10
INFLATION COST: S
TOTAL COST = SUBTOTAL COST + INFLATION COST 1= S qq
Total Reclamation Bond Cost: S QD J� rh�
and to th n rest 10 .0010 )
-15-

I p

APPLICATION FOR A MINING PERMIT
F. NOTIFICATION OF ADJOINING LANDOWNERS
The "Notice" form; or a facsimile thereof, attached to this application must be sent certified or registered mail
to:
(1) the chief administrative officer of each county and municipality in which any part of the permitted
area is located as indicated on the mine map(s);
(2) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor
of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are
within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and
(3) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary which lie directly across and 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 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 t,000 feet of the mining permit
boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel
or less and is not designated as an Interstate Highway.
The only exception to the above method of giving notice is if another means of notice is approved in advance
by the Director, Division of Land Resources.
A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed
"Notice" form (the proposed overall permit boundaries and the names and locations of all owners of
record of lands adjoining said boundaries must be clearly denoted on the tax map).
The "Affidavit of Notification" attached to this application must be completed,notarized and submitted to the
Department, with the remainder of the completed application form, before the application will be considered
complete.
NOTE; THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING
PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE
PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl).
D SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF
NOTIFICATION"
-16-

APPLICATION FOR A MINING PERMIT
AFFIDAVIT OF NOTIFICATION
19 f}„;:Ak Ba)lao- , an applicant, or an agent, or employee of an applicant, for a new Mining
Permit,or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department
of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known
owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary
(including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and
that notice of the pending application has been caused to be mailed, by certified or registered mail, to said owners
of record at their addresses shown below, such notice being given on a form provided by the Department:
(Adjoining Landowner Name) (Address)
See A cdehe.a. Shee-+
(Attach additional list if necessary)
I do also attest that the following individual is the chief administrative officer of the county or municipality
in which any part of the permitted area is located and that notice of the pending application has been caused to be
mailed, by certified or registered mail,to said office at the following address:
(Chief Administrative Officer Name) (Address)
[City Manager,4Zounty anager ayor, etc.]
Gew�}y
Mabry Any) ffintihaw, momitir Cour}ko�41"Mr BmJoiTr NC 296110
The above attestation was made by me while under oath to provide proof satisfactory to the Department that
a reasonable effort has been made to notify all known owners of record, both public and Private,of all tracts of land
that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the
applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are
within 1,000 feet of the mining permit boundary)and the chief administrative officer of the county or municipality
in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B
0004(d). 1 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.
Signature of Applicant Date
If person executing Affidavit is an agent or employee of an applicant, provide the following information:
(Name of applicant) (title of person executing Affidavit)
I, Mar bacus 1�� a Notary Public of the County of C.ttp te.l , state
of North Carolina,do hereby certify that 17m1.h "b`IbZtALLDt,1
appeared before me this day and under oath acknowledged tha`,t,%Jhayf Affidavit was made by himther.
Witness hand and no 'al se�thi day off E`N.�::y0 • 20 4
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LAND OWNER MAILING ADDRESS PIN NUMBER
Beesley,Roger K.etux Sandra 159 Amos Gillikin Road Beaufort NC 28516 733803424364
Conner,Samuel H, 177 Amos Gillikin Road Beaufort NC 28516 733803415935
G1111kin,Alfred W. 192 Amos GTikin Road Beaufort NC 28516 733803416517
Gillikin,John Paul P.O. Box 193 Beaufort NC 28516 733803424171
Gillikin,Phil H; 212 Borgo Court Havelock NC 28532 733803419712
Kimball,Anita R.Ancarana 1729 Island Road Harkers Island NC 28531 733804537415
Kimball,Anita Ancarana 1729 Island Road Harkers Island NC 28531 733803428530
North Carolina Federation, Inc. 3609 Highway 24 Newport NC 28570
Robinson James R.elux Vena 241 Amos Gillikin Road Beaufort NC 28516 733804621775
Rose,Willie C. 172 Amos Gillikin Road Beaufort NC 28516 733803413689
COUNTY MANAGER
Mary Ann Hinshaw Courthouse Square Beaufort NC 28516

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.
74-59.
LANDOWNER: APPLICANT:
/n` f APPLICANT: ///� '/ yn� ///
Signature: / • V ✓../ "� Signature:* �✓ Y • .�L/tti�� ""i''
Print Name:&P�102 LAr1Dv10Ul Print Name: SUPe-2roR.. ZA413Wa2K . DAV;dPalloa
David Ballorw
Address: LfnD Old Ve%meboro Road Title: Y111ne fnanaoer-
kle� Bern r NL 184 ) Company: 5r.,oer;er La..dworlCS
Telephone: (252) ZZA - 5551 Mine Name: A",W1or LanAweriCs, 139Pne
*Signature must be the same as the individual who signed Page 1 of this application.
Six 6 co ies of the completed application, six 6 copies of all location maps, mine maps and reclamation
mans, as the apprunriate processing fee (see next page for fee schedule) in the form a check or money order
payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land
Quality Section Central Office at the address listed on the front cover of this application form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at
[phone].
-19-

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N. C. DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DIVISION OF LAND RESOURCES
TO: Carteret County Senators and Representatives
FROM: Division of Land Resources, DENR
SUBJECT: Notice of Mining Permit Application
DATE: August 12, 2003
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 Carteret 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@,ncmail.net
ncmail.net .
Pursuant to provision G.S. 74-50 (bl) of The Mining Act of 1971, Notice is hereby given
thatSuperior Landworks, Inc. has applied on August 12, 2003 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 20.18 acres of land located 3 miles East of Otaway
offlnear US 70 in Carteret 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 (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 rile written comment(s) to the
Department at the above address within thirty (30) days of the issuance of this Notice or the
riling 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
I of 2 8!12/2003 12:52 PM

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� • 0 •
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: 252-728-5551. For information on the mining
permit application review process, please contact the Mining Program staff'at [phone].
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_
Mr. David Ballou
660 Old Vanceboro Road
New Bern, NC 28560
2 of 2 8/12/2003 12:52 PM

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NORTH CAROLINA
MINING PERMIT APPLICATION
�G ErCr�Tj
1 1 ?003
state of North Carolina
Department of Environment
And Natural Resources
Division of Land Resources
Land Quality section
1612 Mail service center
Raleigh , North Carolina 27699-1612
(919) 733-4574

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine Superior Landworks Mine County Carteret
River BasinWhite Oak Latitude (dd.mm.ss) N43^46' 05" Longitude (dd.mm.ss) W76A 33'30"
2. Name of Applicant* Superior Landworks
3. Permanent address for receipt of official mail** 660 Old Vanceboro Road
New Bern,NC 28560
Telephone [phone]
4. Mine Office Address 660 Old Vanceboro Road
_ New Bern,NC 28560 _ Telephonew [phone]
5. Mine Manager David Ballou
We hereby certify that all detains 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 David Ballou
Title Mine Mana er
* This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond securi that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** Signature of company officer required.
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt
of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any
supplemental information required by the Department. All questions must be addressed and all required maps
provided before this application can be considered complete. Attach additional sheets as needed.
-1-

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 mine. 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
permit(this is the acreage that the "new permit" fee will be based upon): 20.18
Of this acreage, how much is owned and how much is leased? Acres owned: 20.18 Acres
leased: Property owner if leased:
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
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
number and the total (overall) acreage covered by the existing permit: Mining Permit
No.: Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
Yes_No . If yes, indicate the acreage to be covered by this modification(this is the acreage that
the "major modification" fee will be based upon):
Does the modification involve acreage outside the previously approved permitted boundary?
Yes 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).
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):
d. If this is an application for TRANSFER of a mining permit, indicate the ruining permit number and
the total (overall) acreage covered by the existing permit: Mining Permit No.:
Total permitted acreage:
❑ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO
BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED
ABOVE
2. Name of all materials mined: Sand
3. Mining method: Hydraulic Dredge Front-end Loader& Truck Shovel&Truck
Dragline & Truck Self-loading Scraper Other(explain) X
Excavator and Truck
-2-

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.)
Mean Sea Level
b. Expected average depth of mine (feet) 30
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
NCDENR
1612 Mail Service Center
Raleigh,North Carolina 27699-1612
[phone]
- County highway maps may be obtained from:
Location Department
State Highway Commission
Raleigh, North Carolina 27602
[phone]
-3-

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 mast 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 roust only denote those
activities that are intended to be conducted during the life of the mining permit. All maps must be
of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a
minimum:
a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located
including easements and rights-of-way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.
d. Outline and width of all buffer zones(both undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
f. Outline and acreage of all stockpile areas.
g. Outline and acreage of all temporary and/or permanent overburden disposal areas.
h. Location and acreage of all processing plants(processing plants may be described as to location and
distance from mine if sufficiently far removed).
i_ Locations and names of all streams, rivers and lakes.
j. Outline and acreage of all settling and/or processing wastewater ponds.
k. Location and acreage of all planned and existing access roads and on-site haul roads.
I. Location of planned and existing on-site buildings.
in. Location and dimensions of all proposed sediment and erosion control measures.
n. Location of i 00-year floodplain limits and wetland boundaries.
o. Names of owners of record,both public and private, of all tracts of land that are adjoining the mining
permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor
of the mine tract, names of owners of record of tracts adjoining these tracts,that are within 1,000 feet
of the mining permit boundary, roust 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 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:
1. Name of applicant
2. Name of mine
3. North arrow
4. County
5. Scale
6. Symbols used and corresponding names
T Date prepared and revised
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 I 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 tablelchart
similar to the following will be acceptable:
CATEGORY AFFECTED ACREAGE
Tailings/SedimentPonds O.Lb
Stockpiles 0.12
Wastepiles 0.00
Processing Area/Haul Roads 0.92
Mine Excavation 16.46
Other 0.00
NOTE: IN ADDITION TO THE ABOVE,THE MAPS MUST ALSO INCLUDE ANY Srn"PECIFIC
INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS
IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED UESTIONSISTATEMENTS
THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE
WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS.
-5-

APPLICATION FOR A MINING PERMIT
C. PROTECTION OF NATURAL RESOURCES
1. Describe in detail the sequence of events for the development and operation of the mine and reference the
sequence to the mine map(s). Attach additional sheets as needed.
1.) Strip topsoil in area where excavation will begin. Topsoil will be temporarily stockpiled on-site
And stnpped as excavation area increases.
2.) Establish barriers and mining limits.
3.) Begin excavation.
2. Describe specific erosion control measures to be installed prior to land disturbing activities and during
mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine
excavation(s), waste piles, access/mine roads and process areas),and give a detailed sequence of installation
and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures
on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering
designs and calculations shall be required when needed to justify the adequacy of any proposed measures.
1.) Install stone construction entrance. 50' minimum length
2.) Establish 25' unexcavated buffer along north boundary, 25' undisturbed buffer along east and south
Boundaries, and 50' unexcavated buffer along west boundary
3.) Install sediment settling pond per plans before excavation of mine pit.
4.) Install check dam in drainage ditch before excavation of mine pit.
3. a. Will the operation involve washing the material mined, recycling process water, or other waste water
handling? Yes No X . If yes, briefly describe all such processes including any chemicals to be
used.
b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge
to the waters of the State? Yes No X . If yes, briefly describe the nature of the discharge and
locate all proposed discharge points (along with their method of stabilization) on your mine map(s).
-6-

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: _ 10,000 . Locate all existing wells on the mine
maps) that lie within 500 feet of the proposed excavation area. Provide data to support any
conclusions or statements made, including any monitoring well data, well construction data and
current water withdrawal rates. Indicate whether the proposed mine locale is served by a public
water system or private wells.
Existing wells are shown on mine map. Due to the low rate of dewatering:no adverse affect
on existing wells is expected. The existing wells shown are for private residential use.
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.
NPDES Application being submitted.
4. a. Will the operation involve crushing or any other air contaminant emissions?
Yes No X If yes, indicate evidence that you have applied for or obtained an air
quality permit issued by the Division of Air Quality or local governing body. _
b. How will dust from stockpiles, haul roads, etc., be controlled?
Due to the low rate of expected excavation, large stockpiles are not expected to accumulate
Nor should the low number of truck runs create a dust problem on the haul road. However,
Should a dust-erosion problem develop, water will be used to dampen the stockpiles and haul
Road in a manner to control dust yet not create silt erosion leaving the site.
-7-

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 &
sedimentation control measures may be installed within it), an undisturbed buffer(no disturbance
within the buffer whatsoever),or a combination of the two,depending upon the site conditions. Note
that all buffers must be Iocated within the mining permit boundaries.
How wide a buffer will be maintained between any mining activity and any 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 shall be established along the north property line, a 25' undisturbed
Buffer shall be estalished along the east and south property lines, a 50' unexcavated buffer
Shall be established along the west property line.
b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities
within the mining permit boundaries and any natural watercourses and wetlands unless smaller
undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may
be needed.
How wide an undisturbed buffer will be maintained between any land disturbing activities within
the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer
locations and widths on the mine map(s).
No wetlands or natural watercourses exist within the mining permit boundary.
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
technical justification can be provided to allow steeper slopes.
The minimum side slopes shall be 3:1.
-8-

APPLICATION FOR A MINING PERMIT
b. Provide a cross-section on the mine maps)for all fill slopes(berms, wastepiles, overburden disposal
areas, etc.), clearly indicating the intended side slope gradient, installation of any benches andlor
slope drains (with supporting design information) if needed, and the method of final stabilization.
Cross-section for temporary stockpiles provided on mine map. This cross-section shall be
Applied to any berms or wastepiles, though none are anticipated at this time.
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).
Side slopes in excavated area shall be 3:1 above the mean high water table and 1:1 below the
Water table.
d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross-sections
of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and
mine benches, and the expected maximum depth of the excavation.
a
NIA
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.
A 50' unexcavated buffer shall be established along the west property boundary.
S. 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 detaillcross-section and location of each
type of barricade to be used must be indicated on the mine map(s). .
A gate with lock shall be installed at the entrance to the property, off Amos Gillikin Road, as shown
On map.
-9-

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?
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.
A natural vegetated screen exists along the frontage to Amos Gillikin Road. No further screening
Is planned at this time because Amos Gillikin Road is a secondary road with minimal local traffic.
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?
There are not public facilities in the area that could suffer adverse affects.
11. Will explosives be used? Yes No X . If yes, specify the types of explosive(s)and
describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property
from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby
structures, more detailed technical information may be required on the blasting program (such as a third-
party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on
the mine map and indicate its approximate distance to the proposed excavation.
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 ofspill. Indicate
the location(s) of all storage facilities on the mine map(s).
-10-

APPLICATION FOR A MINING PERMIT
D. RECLAMATION PLAN
I. 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.
When the proposed mining activity is complete,the side slopes above mean high water shall be graded
To 3.1 minimum slope and seeded for permanent cover according to the schedule on the map. The
Shoulders of the existing road shall also be seeded as necessary where any damage may have occurred.
The existing soil road shall be reconditioned to its current state.
2. Is an excavated or impounded body of water to be left as apart of the reclamation? Yes X No
Ifyes, illustrate the location ofthe body(s) of water on the reclamation map and provide a scaled
cross-sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet,
measured from the normal Iow water table elevation, unless information is provided to indicate that a more
shallow water body will be productive and beneficial at this site. Will the body(s)of water be stocked with
fish? Yes No X . If yes, specify species.
The body of water to be left shall be inside the limits of permitted excavation. Side slopes shall be as
Illustrated in the cross-section on the mine map. The expected average depth of water is 30 feet from
Mean sea level. The body of water and property shall be set up as a waterfowl impoundment.
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,not excavating rock
-11-

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.
No waste areas are planned to be used on-site. Should a waste area be developed during the mining
Process, the reclamation described on the mine map shall be followed.
5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways.
No processing facility on-site. The temporary stockpiles shall be removed, there will be no stockpile
Area outside the proposed area of excavation. The on-site soil road shall be in its existing condition
As will the road ditches.
b. Will any on-site roadways be left as part of the reclamation? Yes�_ No . Ifyes,
identify such roadways on the reclamation map and provide details on permanent ditch line stabilization.
The soil road and ditches along this road shall be left in their existing condition.
6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or other
such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off-site
generated waste shall be disposed of on the mine site without prior written approval from the NC
Department of Environment and Natural Resources,Land Quality Section and either the Division of
Waste Management(DWM) or local governing body. If a disposal permit has been issued by DWM
for the site,a copy of said permit must be attached to this application. All temporary and permanent
refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list
of items to be disposed in said areas.
Any such waste materials shall be hauled to a proper disposal facility.
-12-

APPLICATION FOR A MINING PERMIT
7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan most
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 revegge�ation. Revegetation utilizing
only tree plantings is not acceptable. Recommendations can be sought @om:
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);
FERTILIZER-ANALYSIS AND RATE OF APPLICATION (pounds/acre):
SEED - TYPE IS) AND RATE IS) OF APPLICATION INCLUDING YEAR-ROUND SEEDING
SCHEDULE (pounds/acre): [NOTE: Include Legumes]
Seed Types: Seedine Data: Seedine Rates:
See Seeding Schedule on Mine Map
MULCH -TYPE AND RATE OF APPLICATION (pounds/acre)AND METHOD OF ANCHORING:
OTHER VEGETATIVE COVERS —TYPE IS) AND RATE IS) OF APPLICATION INCLUDING
SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc):
Revcgetati m1brestat n pl appm ed b
Signature u�. Date
Print Name pn0df-1 6 c l h j
Title CC (�
Agency 8 t lM0 1 A t Yi�C P
-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(bared upon a range
of S500 to S5,000 per affected acre)for each permitted mine site based upon the acreage approved by the
Department to be affected during the life ofthe miningpermit. Please insert the approximate acreage, for each
aspect ofthe mining operation that you intend to ect during the life oRhis mining permit(in addition please
insert the appropriate reclamation cost/acre for each category from the Schedule o(Reclamatlon Costs
provided with this mplication(orm) OR you can deter 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: Q.2to Ac. X $ 5D6. 00/Aa = $ 130, 01)
Stockpiles: 1). 12 Ac. X $ 1. 900. 001Ac. _ $ 211e.00
Wastepiles: _ 0_ Ac. X $ 1. 000, 00/Ac. _ $ . O —
Processing Area/Haul Roads: n. 92 Ac. X $—LUD.0 /Ac. _ $ 10lc. 06
Mine Excavation: Ito. H(a Ac. X $ $DD. DO /Ac. _ $ 8. 230, DD
Other: —0 — Ac. X $ WA /Ac. _ $ — 0—
TOTAL AFFECTED AC.: 17. !A Ac.
(TOTAL PERMITTED AC.: 20, 18 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 offshe sedimentation and sedimentation to onsite watercourses and wetlands.
a) Internal Drainage )Im 46 Ac.
b) Positive Drainage 3.72 Ac. X $1,500.00 = $ 5� 5a0 Do
Inflation Factor: SUBTOTAL COST:$ 151 9I2 . DD
0.02 X SUBTOTAL COST: S 15,BIZ.00 X Permit Life (I to 10 years): ID
INFLATION COST: $. 31 R1 ,11D
TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 184 974 . 40
Total Reclamation Bond Cost: $ 18. 900. n0
( nd down to the nearest $100.00)
-15-

APPLICATION FOR A MINING PERMIT
F. NOTIFICATION OF ADJOINING LANDOWNERS
The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail
to:
(1) the chief administrative officer of each county and municipality in which any part of the permitted
area is located as indicated on the mine map(s);
(2) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor
of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are
within 1,000 feet of the mining permit boundary)as indicated on the mine map(s); and
(3) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary which lie directly across and 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 owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record
of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary)as indicated on the mine map(s). "Highway" means a road that has four lanes of travel
or less and is not designated as an Interstate Highway.
The only exception to the above method of giving notice is if another means of notice is approved in advance
by the Director, Division of Land Resources.
A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed
"Notice" form (the proposed overall permit boundaries and the names and locations of all owners of
record of lands adjoining said boundaries must be clearly denoted on the tax map).
The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the
Department, with the remainder of the completed application form, before the application will be considered
complete.
NOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING
PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE
PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl).
0 SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF
NOTIFICATION"
-16-

APPLICATION FOR A MINING PERMIT
AFFIDAVIT OF NOTIFICATION
I, Ihd:k Bmllot . , an applicant, or an agent, or employee of an applicant, for a new Mining
Pemvt,or a modification of an existing Mining Permit to add land to the permitted area, from the N.C.Department
of Environment and Natural Resources, being first duly swom, do hereby attest that the following are all known
owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary
(including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts, that are within 1,000 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 record at their addresses shown below, such notice being given on a form provided by the Department:
(Adjoining Landowner Name) (Address)
See. A4�he.3 Sheei-
(Attach additional list if necessary)
I do also attest that the following individual is the chief administrative officer of the county or municipality
in which any part of the permitted area is located and that notice of the pending application has been caused to be
mailed, by certified or registered mail, to said office at the following address:
(Chief Administrative Officer Name) (Address)
[City Manager, ounty anager ayor, etc.l
Cyor,
Ann Hins4nw,�.r Cour}Awse_ SD,r—re , J3��er'4r NC 29K)fo
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 recon 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 I) 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.
Signature of Applicant Date
If person executing Affidavit is an agent or employee of an applicant, provide the following information:
(Name
""of applicant) th (title of person executing Affidavit)
L �"�oAw•J2 a Notary Public of the County of C.RPNEI , State
of North Carolina,do hereby ce�rtifythat��nw,}5 ZiA. . �. I
appeared before me this day and under oath acknowledged that di%otgAgygr Affidavit was made by him/her.
Witness hand and no 'al se iy[hi day of.� w.�is,AUWJ) 200.
No z ]Y�HEIt7n►ip cT a,off Qires: Q9 ZOOs
-I&rn'' --00LF
y

f
LAND OWNER MAILING ADDRESS PIN NUMBER
Beesley,Roger K.etux Sandra 159 Amos Gillikin Road Beaufort NC 28516 733803424364
Conner,Samuel H. 177 Amos Giilikin Road Beaufort NC 28516 733803415935
Gillikin,Alfred W. 192 Amos Gillikin Road Beaufort NC 28516 733903416517
Gillikin,John Paul P.O.Box 193 Beaufort NC 28516 733803424171
Gillikin,Phil H. 212 Borgo Court Havelock NC 28532 733803419712
Kimball,Anita R.Ancarana 1729 Island Road Harkers Island NC 28531 733804537415
Kimball,Anita Ancarana 1729 Island Road Harkers Island NC 28531 733803428530
North Carolina Federation,Inc. 3609 Highway 24 Newport NC 28570
Robinson James R.etux Vena 241 Amos Gillikin Road Beaufort NC 28516 733804621775
Rose,Willie C. 172 Amos Gillikin Road Beaufort NC 28516 733803413689
COUNTY MANAGER
Mary Ann Hinshaw Courthouse Square Beaufort NC 28516

APPLICATION FOR A MINING PERMIT
G. LAND ENTRY AGREEMENT
We hereby grant to the Dej)artment 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.
74-59.
LANDOWNER: I/2 APPLICANT( I/-
Signature: 1:,�% - tt l✓� Signature:* / /� Y r ✓rill,
Print Name:6fPC-94KjLJn1(1e40"S Prim Name: -SUPGVpR- LAW OW 6Q-KSr lbv'd �iz)�aa
Davit Ballow
Address: "1) Old Vanrebora Romk Title: Mine rnanaoer-
Qpe Earn . NL ES4 0 Company: 5"per)ar Ln^JworXZ
Telephone: (7rZ) 72A — 5551 Mine Name: Agar;or- LGndWerl(S M'^t
*Signature must he the same as the individual who signed Page 1 of this application.
Six (6) copies of the completed application, six (6) copies 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
Quality Section Central Office at the address listed on the front cover of this application form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at
[phone].
-19-

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