23-03_3_Redacted

LAND QUALITY SECTION
Budget Na#', 1447
Date Redd: .,__,_ 121171999f
Operator: OGLEBAY NORTON SPECIALTY
Type Security: SURETY _ _f
Security Number 1400015879
Bank: JSTL PALL FIRE& MARINE INSURANCE COMPANY
Oty', JKIINWMOUNTAIN
Debit. ;soo,00a_oo
Credit: 5snd,00a.o0 I
Date Released: F 16/20051
Permit No#: 23-03_
Comments:
i
Received by:
2 Date: f
Released by: /�� (`.f�llai�`�✓`�� `A Date:

Bond No. 400KB6879
STATE OF NORTH CAROLINA
DEPARTN EINT OF ENVIRONMENT AND NATURAL RESOURCES
Land Quality Section
Hord Pursuant to "The Mining Act of 1971"
(G_S. 74-46 through G . S . 74 -68 )
M40W ALL MEN BY THESE PRESENTS, That Oalebay Norton Specialty
Minerals, Inc.
a and having its principal
office at 1100 Superior Avenue, Cleveland, Ohio
in the State of _ Ohio as principal , and
St. Paul Fire and Marine Insurance Company
a corporation organized under the laws of the State of Minnesota
and duly authorized by the Insurance Commissioner of North Carolina to
do business in North Carolina, with an officelocated at P.O. Box 729
in the City of Kings Mountain North
Carolina, as surety, are held and firmly bound unto the State of North
Carolina in the sum of $500,000.00 Bond No_
lawful money of the United States of America, to the payment of which
will and truly be made, we bind ourselves, our heirs, administrators and
successors jointly and severally, firmly by these presents.
Signed, sealed and delivered this Ise day of December
19 99
THE CONDITIONS OF THIS BOND ARE SUCH, That Whereas, the said
Oelebay Norton gpecialty Minerals, Inc.
conducts or will conduct mining operations in North Carolina as
described in the application for an operating permit which includes a
Reclamation Plan as provided in G.S. 74-53 and has obtained approval of
this application on the day of 19
from the Department of Environment and Natural Resources.

NOW THEREFORE, if the said Oelebay Norton Specialty Minerals, Inc.
shall comply
with the requirements set forth in "The Mining Act of 1971" (G.S. 74-46
through 74 -68 ) and with the rules and regulations adopted pursuant
thereto and faithfully perform all obligations under his approved
Reclamation Plan then this obligation shall be null and void; otherwise
to be and remain in full force and effect untpl released by the
Department of Environment and Natural Resources in accordance with G.S .
74-56 or canceled by the surety. Cancellation by the surety shall be
effectuated only upon 60 days written notice thereof to the Department
of Environment and Natural Resources and the operator as provided in
G.S . 74-54 .
LJ,AITn'
i
P Oglebav Norton Specialty Minerals, Inc.
Secrhtary or Principal
( Attach ) By
( corporate seal V' a President,
(here of Corporation) Pm--erg) or, ^----
St . Paul Fire and Marine Insurance Company
Surety
Countersigned at Cleveland OM gR9,gtgX;Q,�fxjg
retalitory By / /�
Resident Agent of N.C. Age and Attorp y in Fact
Margaret A. Smith, Atty-in-Fact
*PLEASE MATI, THIS FORM AND THE ATTACEMn 9n R OF ATTORNEY
TO THE FOLLOWING ADDRESS : -
DENR-LAND QUALITY SECTION
1612 MAIL SERVICE CENTER
RALEIGH, NO 27699-1612
TOTF'L P.15

lhaS1Pdu1 POWER OFATTORNEY
.. a�� Seaboard Surety Company United States Fidelity and Germany Company
SL Paul Fire and Marine insurance Company Fidelity and Guaranty Insurance Company
SI.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
Power of Attorney No. 20275 Certificate No.
KNOW ALI,MEN BY THESE PRESENTS:net Seaboard Surety Company is a corporation duly organized under the laws of Me State of New York. and that
St. Paul Fire and Manne Insurance Company, St. Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under
Me laws of the State of Mlmtesata,and that United States Fidelity and Germany Company is a seminarian duly organized under the laws of the Sate of Maryland.and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the Stem of Iowa, and that Fidelity and Guaranty Insurance
Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"). and that the Companies do
hereby make,constitute and appoint _
Bernardo J. Caloage, William N. Failor, Gregory J. Mallon,Amy M. Perdue, Barbara A. Roberts,Margaret A. Staab,
Christine A. Hartung and Alice V. Halter
of the City of Columbus State Olio their true and lawful Attomey(s)-in-Fact
each in their separate capacity if more than one is named shave,to sign its name as surety to,and to execute,scot and acknowledge any and all bonds,undertakings.
contracts and other wines instruments in the nature thereof on behalf of the Companies in tea business of guaranteeing the fidelity of persons, guaranteeing the
Performance of contracts and executing or germinating bands and undertaking fusel or p 'r turd in any actions or proceedings allowed by law.
,.1Sr_+i��, lv
IN WITNFSS WHEREOF,Me Companies have caused this insinaralsgshe signeWt,Ns 'gam day of April 1999
Seaboard Surety Company eG� t �� Urrrted Stara Fidelity and Cwrnnly Company
St.Paul Fire and Marine Incur ea h C�omt scurry +� Fidelity and Guaranty Insurance Company
SL Paul Guardian Imur nretchmpanyy. A l V Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Go 'U( ,rn^�a lgl 1
fN,e rn \ A r4 �� 4n YYrlwye� Q\r.r,%rm • _ \A✓� t^--
92.h' JF ti�EAL ;19 T9Slm MICHAE.11 KE AN.vavre:idmt
K _% • � �� n 1n' 1,
Slate of Maryland I `" R. IALU4,
City of Baltimore MICHAEL R.NCKIBSI N.Asusnm S rrc n
On this 8111 day of April 1999 , befam me. the undersigned officer,personally appeared Michact B. Ragan and
Michael R.McKibben, who acknowledged themselves to be the Vim President and Assistant Secmrary, respectively, of Snboard Surety Company.St Paul Fire and
Marine Incidence Company,St Paul Guardian Insomnia Company.St Pool Mercury Insurance Company. United States Fidelity and Guaranty Company.Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc, and that Nee, as such, being uutbnmcd so to do, executed the foregoing
instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers.WErk•.hEAaYF4 In Wimt�s Whemof. Ihereumo set my halal and official seal a ror� a
My Commission expires the l]th day of July,2oW.
7 REBECCA EASLEY-ONORAI.A.Notary Public
_^PPt��
86203 Ed.6-99 Printed in U.S.A.

This Power of Attorney is granatl under and by be authority of the following resolutions adopted by the Boards of Direcmrs of Seaboard Surety Company.3o YAN
Fire and Marine Insurance Company. St, Paul Guardian Insurance Company St. Paul Mercury Imurance Company, United Santa. Fidelity and Or aanty Company.
Fidelity and Guaranty Insurance Company,and Fidelity and Ordinary Insurance Underwriters.Inc.on September 2. 1998,which resalntlons by now in full force and
effect,reading ns follows:
RESOLVED,that in connection with be fidelity and surety insurance business of the Company.all bonds,undertakings,about and other instruments relating
to said business may be signed,exmud,and acknowledged by Persons or entities appointed AS Amrmey(s)-in-Futt pursuant to a Power of Attorney issued in
accordance with Sawa reads dons. Said Powers)of Attorney for and on behalf of the Company may and shall he executed in the name And on behalf of the
Company,either by the Chairman.or the Presider, or any Vice President, or an Assistant Vice President,jointly with the Secretary or an Assistant Secreary,
under their respective designations. -Flk signature of such officers may be engraved.ponied or lithographed. The sigroame of each of be foregoing officers and
the seal of the Company may M athxeal by facsimile To any Power of Attorney or to any Certificate relating dr<rcm appointing Anomey(s)-ice-Fat for purposes
only of executing and arresting bonds and undertakings and other Amur s obligatory in be nature thereof,and subject to Any limitations .set forth ohernin, any
such Power of Attorney or mnificate bearing such fasimile signature or facsimile scal shall Inc valid and binding upon The Company, and any such power sr
ecu[ed and certified by such facsimile signature and facsimile seal shall b<valid and binding upon be Company with respect to any bond or undenaking to
which it is validly Touched;and
RESOLVED FURTHER, that Atmmatioo-n-Fact shall have the power and amhonry, and, in any case, subject to the terms and limitations of The Power of
Attorney issued them.to ex<Cme and deliver on behalf of The Company and to roach be seal of be Company to any and all bonds and undertakings,and other
writings obligatory in the nature thereof,said any such instrument executed by sun Anomey(s)-in-Fact and be as binding upon the Company as Zsigned by an
Executive Officer and ceded and guested to by be Secretary of be Company.
1,Michael R.McKibben,Assistant Secretary of Seaboard Surety Company,ST.Paul Fire and Manna Insurance Company, St. Paul Guardian Insurance Company.
St.Paul Mercury Insurance Company,United States Fidelity and Guanary Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance
Underwriters.Inc.do hereby certify dal The above and foregoing is a we and correct copy of the Power of Attorney executed by said Companies,which is in fall form
and effect and has not been revoked.
LN TESTIMONY WHEREOF,I her<uni,set my hand this 15[ day of December 1999
®
T.w...:: _a,� Rmaat®
war 'A at
•Y �KP i sasrh �ma
`arp,e,d 3 SEAL,
f aiiii (} � ion Michael R-McMbhrm Arsimset Secata<r
To venfy thraathennefryoftkis PowerofAbornry,call 1-800.411-3880rwdare Ne'.orr;o(1Attersteycferk Pharr refer to the Power ofAlarrney number,
the above-named indfvfdaah bad the demos all the boM to whriti we? asryuhe41'w�1 rr
.ef _

i
ANA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, RE Michael F. Easley, Govemor
Director and State Geologist April 5, 2005 William G. Ross Jr., Secretary
Mr. Ian Chapman
Oglebay Norton Specialty Minerals
1469 South Battleground Avenue
Kings Mountain, NC 28086
RE: Permit No. 23-03
Moss-Neisler Mine
Cleveland County
Broad River Basin
Dear Mr. Chapman:
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 April 5, 2015.
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.
1 B, 3C, 4B, 8, and 10B, and Reclamation Condition No. 3.
As a reminder, your permitted acreage at this site is 753.92 acres and the amount of
land you are approved to disturb is 381.03 acres.
Please review the renewed permit and contact Kristin Hicklin, Assistant State Mining
Specialist, at [phone] should you have any questions concerning this matter.
Sincerely,
Floyd . Williams, PG, CPG, CPESC
State Mining Specialist
Land Quality Section
FRWIkh
Enclosures
cc: Mr. Doug Miller, PE
Ms. Shannon Deaton-WRC, w/enclosures
Mr. Bradley Bennett-DWQ, wlenclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
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 110%Posh 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:
Oglebay Norton Specialty Minerals, Inc.
Moss-Neisler Mine
Cleveland County - Permit No. 23-03
for the operation of a
Mica and By-Products Mineral 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: April 5, 2015

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
June 12, 1979: This permit has been modified to include an additional 465 acres identified as
the Neisler and U.S. Gypsum Corporation Tracts.
September 20,1981: This permit has been renewed and transferred from Kings Mountain
Mica Company, Inc. to KMG Minerals, Inc.
May 16, 1994: This permit has been modified to include the changes to the operation as
indicated on the revised mine maps, Sheets 1 through 17 of 17, dated March 9, 1994.
October 14, 1994: This permit has been transferred in its entirety from KMG Minerals, Inc. to
Franklin Industries, Inc.

Page 3
March 10, 1997: This permit has been modified to incorporate Mining Permit No. 23-10
(Hawks Mine) in its entirety and to add the Archdale Tract as indicated on the mine map last
revised February 11, 1997.
November 19, 1998: This permit has been modified to allow-test blasting to be conducted at
the Hawks Mine as indicated on the 8 '/2. by 11 inch section of the mine map received by the
Land Quality Section on October 15, 1998 with stipulations.
May 12, 1999: A partial release has been granted to release Tract No. 1, Tract No. 3, Tract
No. 4, and Tract No. 5 from the permitted and affected acreage at this site. Tract No. 2 was
previously released.
March 6, 2000: This permit, issued to Franklin Industries, Inc., has been transferred in its
entirety to Oglebay Norton Specialty Minerals, Inc,
January 8, 2001: This permit has been modified to increase the permitted acreage to 753.92
acres and increase the affected acreage to 381.03 acres as indicated on the Moss Mine's No.
1 & No. 2 Mine Map last revised November 30, 2000 and the Archdale Mine - East Mine Map
last revised August 21 , 2000. This modification includes a 2.0-acre stockpile/excavation area
on the 4.19-acre addition (the McIntosh Addition) and a 1 .03-acre mine area that will be
converted to a waste storage area on the 1.03 acre addition (the Landstar Addition).
Expiration Date
This permit shall be effective from the date of its issuance until April 5, 2015.
Conditions
This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and
to the following conditions and limitations:
OPERATING CONDITIONS:
1. Wastewater and Quarry Dewatering
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any storm water 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
Division of Water Quality to secure any necessary storm water permits or other
approval documents.

Page 4
2. Air Quality and Dust Control
A. Any mining related process producing air contaminant emissions including
fugitive dust shall be subject to the requirements and rules promulgated by the
N.C. Environmental Management Commission and enforced by the Division of
Air Quality.
B. During processing operation, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area.
3. Buffer Zones
A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
B. Sufficient buffer (30 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.
C. All buffer zones shown on the Moss Mine's No. 1 & No. 2 and Overall Property
Map both received by the Land Quality Section on August 17, 2004, and the
Archdale Mine — East, Archdale West, Archdale Mine, Hawks Mine, and Neisler
Mine's No. 1, No. 2, & No. 3 mine maps received by the Land Quality Section on
December 13, 2004 shall be maintained to protect adjoining property. These
buffer zones, with the exception of the installation of required sediment control
measures and approved earthen berms, shall remain undisturbed.
D. An undisturbed buffer zone of 25 feet along both sides of the gas line located
near Concept Drive on the Neisler 1 and 2 Tracts shall be maintained. In
addition, all excavated slopes adjacent to the buffer zones along the gas line
shall be maintained at a 2-foot horizontal to 1-foot vertical or flatter slope.
4. Erosion and Sediment Control
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.

Page 5
B. All mining activities, including the installation and maintenance of all erosion and
sedimentation control measures, shall be conducted as indicated on the Moss
Mine's No. 1 & No. 2 and Overall Property Map both received by the Land
Quality Section on August 17, 2004, and the Archdale Mine — East, Archdale
West, Archdale Mine, Hawks Mine, and Neisler Mine's No. 1, No. 2, & No. 3
mine maps received by the Land Quality Section on December 13, 2004, and the
Erosion & Sediment Control Details Drawings 1 and 2, dated February 11, 2005.
C. Appropriately designed erosion and sediment control measures shall be installed
and maintained, as necessary, below the previous United States Gypsum plant
area to prevent off-site sedimentation.
D. Appropriately designed diversions and chute spillway shall be provided and
maintained, as necessary, to control surface drainage on the fill area between
the plant area and Interstate 85.
E. An erosion and sediment control plan(s) shall be submitted to the Department for
approval prior to any land disturbing activities not indicated on the revised
erosion control plan or mine maps submitted with the approved application for a
mining permit and any approved revisions to it. Such areas include, but are not
limited to, expansion outside of the approved pit area, creek crossings, or
expansion of overburden or waste disposal areas.
F. The surface water runoff from the 2.0 acres stockpile/excavation area on the
4.19 acre addition to the Moss Mine's No. 1 & No. 2 tract and the 1.03 acre mine
area that will be converted to a waste storage area on the 1 .03 acre addition to
the Archdale Mine — East tract shall be diverted internal to the mine excavation
or into existing sedimentation and erosion control measures to prevent off site
sedimentation.
5. Groundwater Protection
Groundwater monitoring wells shall be installed and monitored as deemed appropriate
by the Department.
6. Graded Slopes and Fills
A. The angle for graded slopes and fills shall be no greater than the angle which
can be retained by vegetative cover or other adequate erosion control measure,
structure, or device. In any event, exposed slopes or any excavated channels,
the erosion of which may cause off-site damage because of siltation, shall be
planted or otherwise provided with groundcover, devices or structures sufficient
to restrain such erosion.

Page 6
7, Surface Drainage
The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
8. Blasting
The operator shall monitor each blast with a seismograph located at a distance
no farther than the closest off site regularly occupied structure not owned or
leased by the operator. A seismographic record including peak particle velocity, air
overpressure, and vibration frequency levels shall be kept for each blast (except as
provided under Operating Condition Nos. 8B and 8D of this permit). The following
blasting conditions shall be observed by the mine operator to prevent hazard to persons
and adjacent property from surface blasting:
A. Ground Vibration With Monitoring:
In all blasting operations, the maximum peak particle velocity of any component
of ground motion shall not exceed Figure 1 (below) at the immediate location of
any regularly occupied building outside of the permitted area such as a dwelling
house, church, school, or public, commercial or institutional building.
10.0 10.0
0
N
U
O
Z 0 2 'NS<C 2 Q
01 1.5
1.5
a' 0.9 1.0
4.75 nl^<. 0.9
0.7
m 0.5 0.:
3 0.5 0 0s.5
q
o.s 0.4
3
Q _ Q
.% 11
N
0.1
1 4 in 20 ]0 100
510st Vibration Frequency, Hi
F;gure r AMemative. Wasting levei criteria
(Source modeled from agure n'-t 3ameu cr Mires Rs8507;

Page 7
B. Ground Vibration Without Monitoring:
In the event of seismograph malfunction or other condition which prevents
monitoring, blasting shall be conducted in accordance with the following
formulas:
W = (D/Ds)' % = D
Wuz
V = 160(Ds)" e
W = Maximum charge weight of explosives per delay period of 8.0 milliseconds
or more (pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator (feet).
Ds = Scaled distance factor.
V = Peak Particle Velocity (inches per second).
The peak particle velocity of any component shall not exceed 1.0 inch per
second, for the purposes of this Section.
C. Air blast With Monitoring:
Air blast overpressure resulting from surface blasting shall not exceed 129
decibels linear (dBL) as measured at the immediate location of any regularly
occupied building not owned or leased by the operator outside of the permitted
area such as a dwelling house, church, school, or public, commercial or
institutional building, unless an alternate level based on the sensitivity of the
seismograph microphone as specified below is being used:
Lower Frequency Limit of Max Level,
Measuring System, in Hz in dBL
0.1 Hz or lower-flat response 134 peak
2.0 Hz or lower-flat response 133 peak
6.0 Hz or lower-flat response 129 peak
D. Air blast Without Monitoring:
In the event of seismograph malfunction or other condition which prevents
monitoring, blasting shall be conducted in accordance with the following
formulas:
U = 82 (D/WO 33)-'2

Page 8
To convert U (psi) to P (dBL):
P = 20 x log (U/2.9x1O-9)
Confined Air blast/Overpressure (dBL)
for quarry situation:
A = P - 35
U = Unconfined air overpressure (pounds per square inch).
W = Maximum charge weight of explosives per delay period of 8.0 milliseconds
or more (pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator (feet).
P = Unconfined air overpressure (decibels).
A = Air blast or air overpressure for typical quarry situations (decibels).
The air blast/overpressure shall not exceed 129 decibels, for the purposes of this
Section.
E. Record Keeping:
The operator shall maintain records on each individual blast describing: the total
number of holes; pattern of holes and delay of intervals; depth and size of holes;
type and total pounds of explosives; maximum pounds per delay interval; amount
of stemming and burden for each hole; blast location; distance from blast to
closest offsite regularly occupied structure; and weather conditions at the time of
the blast. Records shall be maintained at the permittee's mine office and copies
shall be provided to the Department upon request.
F. Excessive Ground Vibration/Air blast Reporting:
If ground vibration or Air blast limits are exceeded, the operator will immediately
report the event with causes and corrective actions to the Department. Use of
explosives at the blast site that produced the excessive reading shall cease until
corrective actions approved by the Department are taken. However, blasting
may occur in other approved areas within the permitted boundary. Authorization
to blast at the blast site may be granted at the time of the verbal reporting of the
high ground vibration or high air blast reading if the circumstances justify verbal
approval. Failure to report will constitute a permit violation.
G. Flyrock Prevention:
The operator shall take all reasonable precautions to ensure that flyrock is not
thrown beyond areas where the access is temporarily or permanently guarded by
the operator. Failure to take corrective measures to prevent flyrock and
repeated instances of flyrock shall be considered a violation of the Mining Permit.

Page 9
H. Fyyrock Reporting:
Should flyrock occur beyond the permitted and guarded areas, the operator shall
immediately report the incident to the Department. Further use of explosives on
the mine site shall be suspended until the following actions have been taken:
1. A thorough investigation as to the cause(s) of the incident shall be
conducted.
2. A report detailing the investigation shall be provided to the Department
within 10 days of the incident. The report small, at a minimum, document
the cause(s) of the incident along with technical and management actions
that will be taken to prevent further incidents. The report shall meet with
the approval of the Department before blasting may resume at the mine
site.
I. Studies:
The operator shall provide to the Department a copy of the findings of any
seismic studies conducted at the mine site in response to an exceedence of a
level allowed by these blasting conditions. The operator shall make every
reasonable effort to incorporate the studies' recommendations into the
production blasting program.
J. Notice:
The operator shall, when requested by the Department, give 24-hour advance
notice to the Land Quality Section Regional Office prior to any blast during a
period for which notice is requested.
K. The test shots in the Hawks Pit shall be conducted as indicated on the 8 % by 11
inch section of the mine map and related correspondence received-by the Land
Quality Section on October 15, 1998 with the following stipulations:
1. the test shall be limited to two shots,
2. the above blasting conditions shall be followed for the test shots, and
3. the blasting consultants shall submit to the Land Quality Section two
copies of the seismograph recordings and blasting records, including any
conclusions made, shortly after completion of the test.
L. A modification shall be submitted to and approved by the Division of Land
Resources prior to incorporating blasting activities into the routine mining
activities at the site. Prior to submitting the modification request, a meeting shall
be conducted as described in the additional information letter from Ms. Judy
Wehner dated October 19, 1998.

Page 10
9. High Wall Barrier
A physical barrier consisting of chain link fencing, vegetated earthen berms, 4-strand
barbed wire fencing (a minimum 4-feet high), or large boulders placed end-to-end shall
be maintained at all times along the perimeter of any highwall to prevent inadvertent
public access. In addition, a minimum 10 foot wide horizontal safety bench shall be
provided at the junction between the top of rock and the toe of any overburden cut
slope.
10. Visual Screening
A. Existing vegetation shall be maintained between the mine and public
thoroughfares to screen the operation from the public. Additional screening
methods, such as constructing earthen berms, shall be employed as deemed
appropriate by the Department.
B. Vegetated earthen berms and other acceptable screening shall be located and
maintained as shown on the Moss Mine's No. 1 & No. 2 and Overall Property
Map both received by the Land Quality Section on August 17, 2004, and the
Archdale Mine — East, Archdale West, Archdale Mine, Hawks Mine, and Neisler
Mine's No. 1, No. 2, & No. 3 mine maps received by the Land Quality Section on
December 13, 2004. Berms shall be constructed a minimum five foot high with a
16 foot top width and a minimum two horizontal to one vertical or flatter side
slopes.
C. In addition to grasses, long leaf and/or Virginia pines or other acceptable
evergreen species shall be planted as deemed appropriate by the Department to
improve visual and noise buffering.
11. Plan Modification
A. 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 and any
approved revisions to it. Approval to implement such changes must be obtained
from the Department prior to on-site implementation of the revisions.
B. A modification request shall be submitted to and approved by the Division of
Land Resources prior to incorporating blasting activities into the routine mining
activities at the site. Prior to submitting the modification request, a meeting shall
be conducted as described in the additional information letter from Ms. Judy
Wehner dated October 19, 1998.

Page 11
12. Refuse Disposal
A. No on-site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of 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
13. Annual Reclamation Report
An Annual Reclamation Report shall be submitted on a form supplied by the
Department by February 1 of each year until reclamation is completed and approved.

Page 12
14. Bondin
The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a
$500,000.00 blanket bond, is sufficient to cover the operation as indicated in the
approved application. This security must remain in force for this permit to be valid. The
total affected land shall not exceed the bonded acreage.
15. Archaeological Resources
Authorized representatives of the Division of Archives and History shall be granted
access to the site to determine the presence of significant archaeological resources.

Page 13
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 allow the quarry excavation to fill with water, provide a permanent barricade
(fence) along the top of any high wall, and grade and revegetate any areas in
unconsolidated material.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:

Page 14
A. Overburden shall be used to slope all side.slopes of the mine excavation in
unconsolidated material to a 1 '/2 horizontal to 1 vertical or flatter slope on the
Moss Tract and United States Gypsum Tract and to a 2 horizontal to 1 vertical or
flatter slope on the Neisler, Hawks, and Archdale Tracts.
B. All lakes shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.
C. The side slopes of the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter above the water level and 1 '/2 horizontal to 1 vertical below the
water level.
D. Any settling ponds and sediment control basins shall be backfilled, graded, and
stabilized or cleaned out and made into acceptable lake areas.
E. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
F. Compacted surfaces shall be disced, subsoiled or otherwise prepared before
revegetation.
G. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Conditions Nos. 12A
through 12D.
H. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation Plan:
Disturbed areas shall be permanently revegetated according to the Revegetation Plan
prepared by Mr. Ben Robinson, NRCS District Conservationist dated April 12, 2004.
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.

Page 15
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 to Kings Mountain Mica Company, Inc. July 26, 1972, modified June
12, 1979, renewed and transferred in its entirety to KMG Minerals, Inc. September 20,
1981, renewed and modified May 16, 1994, transferred in its entirety to Franklin
Industries, Inc. October 14, 1994, modified March 10, 1997, November 19, 1998, and
May 12, 1999, transferred in its entirety to Oglebay Norton Specialty Minerals, Inc.
March 6, 2000, and modified January 8, 2001, is hereby renewed this 5" day of April
2005.
BY�7T�/�
James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

North Carolina Department of
Environment & 'Natural Resources
NCDENRDivision of Land Resources — Land Quality Section
1613 Mail Service Center, Raleigh, NC 276994613
Phone [phone] Fax [phone]
Facsimile
Date:
TO: om l=re� qq
Phone No: Fax tib: $�— /66 —
FROiNI: Ro,,t� O) ) lfi>2,1,P Extension:
COi EVENTS:
Mass — /Nje/a� A�
You should be receiving page(s) including cover sheet. Ifyou do not
receive all paves, please contact sender.

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OD' �5 29 — 870 = Existing Grade Contour
8 = Limits of Construction �l Ir NCjpOT R/W �x--
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IU' i ACCESS ROAD
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29 8 TD = Temporary Dhar,21
North Carolina
- Silt Fence v7
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POSED BERM C \ / / \ 71 ,000�F_ \ g[hIAIN NDISTUR EO \ / / / / N� A( I ' L
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TD 1\ O / 1 Tp` r / TO / 100'x200' / /� / 57,OV0(r7..
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GRAPHIC ~GALE
NARRATIVE MAINTENANCE PLAN: EROSION CONTROL NOTES' — '-
100 a so 100 z00 +so
0191eboy Norton Specialty Minerals is a Mica 4uorry located in Cleveland The following maintenance pion snail be followed until the site is L On-site burial pit locations must be documented on final plot <000* CAllQ•��
County, North Carolina. The total disturbed acreage for the proposed completely stabilized after construction. During construction the 2. Grading mare than one acre without an approved Erosion Control Q, wwu.y 4y♦
expansion Is approxlmotely 60 acres. The scope of work includes clearing Contractor shall be responsible far inspection and maintenance of all Plan is a violation of the State Erosion Control Ordinance and is ( IN FEET ) ,� ,rC,6efEu
and grubbing, excavation, grading for landscaping berms, and construction erosion and sediment control structures. subject to a fine. "Mel
pp
of erosion control measures. 3. Stabilization is the best form of erosion control. Temporary seeding 1 inch = 100 fL ! '
is necessary to achieve erosion control on large denuded areas and
Based on SCS Sail Survey Map, ii site soils classify as 18982, 195 C2, 1. All erosion control measures shall be checked for stability and especially when specifically required as part of the construction j 4
197 C, 38 B, 38 C, 36 B, & 37 B which classify as hydrologic groups operation following any rainfall producing 1/2" of runoff and at least sequence shown on the plan. All graded slopes must be seeded and
'W & "Co'. once every week. Any needed repairs shall be made immediately so mulched within 15 days of completion of grading. All remaining ss y E �(<�� •'
that all erosion control measures are maintained as designed. areas are to be seeded and mulched within 60 days. i puu �TIdN
e
2. All seeded areas will be fertilized, reseeded as necessary, and 4. Additional measures to control erosion and sediment may be required ---
mulched in accordance with the seeding specifications in order to by a representative of the State.
maintain a dense vegetative cover. 5. Maximum graded slopes are 2:1. When steeper slopes must be used, SCALE: DRAWING TITLE:
3. Sediment deposits shall be removed from sediment fence after each plans shall be sealed by a geotechnical engineer for slope stability 1~ = 100 EROSION & SEDIMENT CONTROL DETAILS
storm event or sediment fence should be replaced. They must be and final surface stabilization,
COL151BUCTION SEQUENCE: removed when deposits reach approximately half the height of the 6. The developer shall maintain each stream, creek, or backwash
barrier Any sediment deposits remaining in place after the sediment channel in on unobstructed state and shall remove from the channel
fence is removed shall be dressed to conform to the existing grade, and banks of the stream all debris, logs, timber, junk and other INITIALS DATE PROJECT: PROJECT NO,
L Obtain plan approval and permits prier beginning work. prepared and seeded. accumulations, ❑GLEBAY NORTON SPECIALTY MINERALS
2. Flag the work limits to prevent unnecessary
ry shoring and stripping. 4. Sediment basin and rock dams shall be cleaned out when the level 7. All flow from permanent ditches should be directed towards sediment PREPARED BYI DEB 2/11/05 056019
3. Install erosion control measures at locations shown. of sediment reaches the mid-depth point below the weir elevation. traps and/or basins until site is completely stabilized CLEVELAND COUNTY, NORTH CAROLINA REV. ND.': REV. DATE
4. Construct landscape berms.5. Seed all disturbed areas in accordance with the seeding specifi Washed stone shall be cleaned or replaced when the sediment poolcations. no longer drains properly. DRAWN BYI PMB 2/11/05
6. Maintain all temporary erosion control measures after vegetation is
established. 5. Ground cover shall beestablished on exposedslopes within 15 CHECKED BY: DEB 2/11/05 CHALAM PAKALA ENGINEERING AND
working days 30 calendar days followingingcompletion of any phase
of grading. Pea calendar
ground cover for all disturbed areas within 15 ENVIRONMENTAL SOLUTIONS DRAWING N°.:
working days or 90 calendar days (which-ever is snorter) following APPROVED BY DEB 2/11/05
completion of construction or development. FILE NANE: A Cost-Effective Solution Provider for Manufacturing Industries
056019 MASTER 11823 HARRIS RIDGE DR. -
CHARLOTTE, NORTH CAROLINA 28269 (704) 596-1121

hann
SEEDING MIXTURE RATE (lb/acre) SEEDING MIXTURE RATE (Ib/ocre) 1' Lining el _
Species 200 (4-5/1,00(l Tall Fescue too MIN e P /
epp,,. eo'
- O
Tell Fescue sericea Lespedeza 30 - , I a4i[E
IT I e��
Kobe Lespedeza 70 .t k( iN j t. Cuss DR MEANING SIZE OF mPrrAP grlo LENeiX, wlmH UNIT DEPTH of APRON IT
NURSE PLANTS I' 1 F' PER RIPRAP APRON DATA BLOCK SHOWN BELOW d 1 I
SEEDING N )JJ„ ._-.� 1 11P,� -• Sa �rN
Between May 1 and Aug. 15, bold 10 16/OCrE $UdOngrOSS Or ) ) �) 3. REFER TO ME NORTH CAROIINA SEDIMENTATION AND EROSION CONTROL MANUAL C
After Aug.0 . 15 use unscorified sericea seed.
10 Ib/acre German millet. Prior to May 1 or after Aug. 15 add 1 t -•1 FOR RIPRAP APRox DESIGry 5rgrv0.WDs. F ;.,r t 1 �k
/ 1'e (g Where periodic mowing is planned or a neat appearance is desired, )`1+ ys �� 1 a �
40 Ib aC/e r (grain). T 1 3. RIPRAP SHOULD WEND UP BOTH SES OF THE APRON AND MOUND ME END /"
omit sericea and increase Kobe into Jane,
to 1 Abocre rt �
OF THE ONE HEIGHT
CULVERT AT THE DISCHARGE TIE OUTLET AT q MANNIUM SLOPE OF 1 F ,y
SEEDING DATES To extend spring seeding dates into dune, add a lb/acre hulled r CULVERT Mo A HEIGHT.
NOT LESS THAN Two THIRDS ME PIPE wA.R.TER OR r ;' ,T L"
Bermudogross. However, after mid-Apr. it it preferable to seed f ° { s CULVERT nfmnr. CHANNEL DATA BLOCK x D C .,{ -v 1Td
Best August 25 - October temporary Cover. ( 4 4. THERE SHALL RE NO OVERFLOW FROM THE END OF ME APRON TO ME CHANNEL Lining a IT b L 'f O
Possible February - Apfil 15 p y ( ,� I y SURFACE OF ME RECEmNG CHANNEL. THE MCA TO BE PAVED DR RIPRAPPED DESIGNATION b c d MaterialI-
NURSE PLANTS {???��� `Sl. SHALL BE UNDERCUT SO THAT THE INVERT OF THE APRON SHALL BE AT ME
Accra TTL -Yinq rpm Nov, to Jan. If seeding must be done of this Between May I and Aug. 15, add 10 Iblacre German millet or 4� RARE GRATE (FLUSH) WITH THE SURFACE OF ME RECEMNC CNMNEL. THE iD-i 3 3 2' RIP RAP d50=ti dmax-9", 1=1d5"
Iona, 060 4e16 OCr2 rain and Use O Channel lining that Offers APRON SHALL NAVE A CUTOFF OR TOE WALL AT THE DOWNSTREAM END.
/ rye 9 9 15 Iblacre Sudangrass. Prior to May 1 or after Aug, I5 add TD-2 0 2 V Straw W/ Met
reaseri protection. 40 Ib acre r E (groin). 5. THE Or OF THE END OF THE APRON SHALL E COUPLE C THE BOTTOM CHANNEL
� y (9 � PLAN WIDTH OF THE RECEIVING CHANNEL MPXIMUM TAPER TO RECEMNC CFUNNEL 5:1 Tp_3 D 2 2• 51n Mat "f
SEEDING DATES Best POSsible 6. ALL SUDGRADE FOR STRUCTURE TO BE COMPACTED TO 95X OR GREATEN. COARSE AGGREGATE
SGIL pOy GmcSF and
TD-4 3 2 f Straw w/ Net 2_3•
AFPII' 1^Tie Ond fertilizer according t0 Soil Ia5f5, OI apply Fall. Aug. 25 - Sept, 15 Feb20 - r, 7 25 L J. ME PLACING OF NOT
ERALL LOOSE OR COMPACTED IN ME RECEMNC
4,000 lb acre round agricultural limestone and 1,000 lb ocre Late Winter Feb. 15 - Mar 21 eb- 7 - Apr. 15 cwwxFl SIDLE NOT BE ALowfD,
I' RIP RAP d50=12 dm9x=IH". 1=2J"
I g g / I10' MIN.)
I0-10-10 fertilizer: Operate tillage equipment aCf055 the watefwaj! Fall IS DCSt (or fall JESCU2 and late 141ntef for leSpBdeZOS. 8. Nc BENDS OR CURVES IN THE HORI20NTAL ALIGNMENT OF THE APRON WILL NOTES,
Overseeding of Kobe Lespedeza over foil-seeded tall fescue is W NATURAL GRADE BE PERMRIED.
MULCH very effective. _ a. GRAVEL PAD RADIUS
BE 12 x 50' AND 6' THICK MINIMUM
Use tl excelsior matting, or other effective channel lining NOTES:
N 9. 9 B. TURNING RPAIUS SUFFICIENT TO
material to cover (he bottom Defend
channels and ditches, and se /e SOIL AMENDMENTS ��" RIP RAP -P I 1. STRAW WITH NET TEMPORARY CHANNEL LINER SHALL BE ACCOMMODATE LARGE TRUCKS IS TO BE
securely, The lining should pee a above the highest calculated depth Apply lime and fertilizer according to soil tests, 1, apply I I EQUIVALENT TO NORTH AMERICAN GREEN S75. PROVIDED.
of flow requiring n channel side slopes above this height. and In troirtoges ID-1 /1 acre round a riculfuro/ limestone and 1,000 Ib acre STNATION PIPE Idt,ST RIPRAP
notanchtemporary linings, tong overt lb/ocre / g g / _ 2. SYNTHETIC MAT SHALL BE_.
p y g grain straw 70-10-70 fertilizer L DESIGNATION pIAMETER STONE SIZE L W t c. ENTRANCES) SHDULU DE LOCATED TO
Drttl anchor straw by stapling netting over the top. - GEOTEXTILE E3. RIPRAP QWDV.CHANNEL
Ail 50OX.UNDERLAID WITH WOVEN NOTES: APPLICABLE AT ALL POINTS OF PROVIDE FOP. MAXIMUM UnUTY BY ALL
MULCH se-t 36" t2" 24' 2T 27"
INGRESS & EGRESS UNTIL SITE IS CONSTRUi;i10W VFhlCLES.
Mulch Dail anchoring materials must not be allowed to wash Apply Erosion Control Blanket per manufacturer's recommendations. 4" 15 WASHED STONE STABILIZED, FREQUENT CHECKS OF d. MUST BE MAINTAINED IN A CONDITION
g UYER OF FILTER FABRIC THE DEVICE AND TIMELY WHICH WILL PREVENT IRArKING OR
down slopes where they can clog drainage devices. MAINTENANCE MUST BE PROVIDED DIRECT FLOW OF Mae orrTn STREETS.
Refertilize in the second year unless growth is fully adequate SECTION B-B PERIODIC TOTD"n ESSING WITH STONE
MAINTENANCE May be mowed once or twice a year, but mowing is not accessory. SILL BE NECESSARY, KEEP SOME HANDY.
Inspect and repair mulch frequently Refertilize in late winter of Reseed fertilize. and mulch damaged areas immedlofely. e. ANY MATERIAL WHICH STILL MAKES IT
the following year use sod tests or apply 150 lb/acre 10-10-10. CROSS SEC TION GEOMETR Y OF ONTO THE ROAD MUST BE CLEANED UP
Mow reqularly to a height of 2-4 inches. Reference: Table 6.77 I from NC Erasion and Sediment Control IMMEDIATELY.
Planning and Design Manua% 7988.
Refer to Appendix 8.02 for botanical names. TEMPORARY DIVERSION CHANNEL
GRASS-LINED DITCH RIPRAP APRON N. r.s
SEEDING SPECIFICATION SEEDING SPECIFICATION AT PIPE OUTLETS TEMPORARY CONSTRUCTION ENTRANCE
N. TS
B' MIN'
GENERAL NOTES' MMAP SPILLWAY TOP OF DAM ELEV. 87e5
I. AREA UNDER EMDAULTMENT SHALL BE CLEARED. GRUBBED, AND STRIPPED OF ANY VEGETATION AND ROOT WT. 1f4• STEEL
THE POOL AREA SHALL BE CLEARED �ABU VORTEX PLATE 11 18" x
]. THE HILLVER IZED STONES.
FOR THE S. ORGANIC
SHALL BE FREE OF ROOTS OR OTHER MATERIAL,
vMEIEMBN AS WELL SPILLWAY ELEV. $77.0
AS OVERSIZED STONES. ROCKS. ORGANIC MATERIAL OR MITER
EING CONSTRUCTED
OBJECTIONABLE WTERML. SHOULD
EMBANKMENT H07 BE
SHALL WELDED TO CARP RISE DI REMOVABLE TRASH RACK IS OPTIONAL
BE CONSTRUCTED
BY TRAVERSING WON EQUIPMENT WHILE BEING CONSTRUCTED. SPILLWAYS SHOULD NDT E \ `. FOR EASE IN MAINTENANCE �UNDISMRBED SOIL
CONSTRUCTED THROUGH FILL SECTIONS. �-TRASH ROCK
3, SEDIMENT SHALL BE REMOVED AND TRAP RESIDRED T9 ITS ORIGINAL DIMENSIONS WHEN THE SEDIMENT HAS ACCUMULATED •g{gOwwi eAyl Mu Al rp¢rvcw cr miur'.rs
TO ONE-HALF ME DESIGN DOOR OF THE TRAP. REMOVED SEDIMENT SHALL BE DEPOSITED IN A SUITABLE MEAT RI SUCH p
A MANNER THAT IT MILL NOT ERODE. SECTION A-A 10 FT. EMERGENCY SPILLWAY SECTION
4 ME IMP SHALL L BE INSPECTED AFTER EACH MIN AND REPAIRS MADE 15 NECESSARY. TOP OF DAM O N
S CONSTRUCTION OPERATION SHALL 8E CARRIED OUT IN SUCH A MANNER MAY EROSION AND WATER POLLUNON R MINIMIZED, HIGH-WATER 4 E0. � SPILLWAY CREST j -CL I
9. AL'. CUT ANA DEL SLOPES SITAR 8E 2.t OR FUTIER. A M� ATTC­ T
]. IF SEDIMENT (Side IS IN USE 3O DAYS OR LONGER, EMBANKMENTS SHOULD BE SEEDED OR OTHERWISE PROPERLY STMIL12E0- h
z I/a STEEL T 1 1 L' IN STABILIZE EMBANKMENT, EMERGENCY SPILLWAY
a. STORAGE AREA IS SHOWN AS RECTANGULAR FOR LLUSMATVE PURPOSES ONLY, AND WY E CONSTRUCTED IN MY SHAPE s ---ANTI-VORTEX PLATE / "l AND ALL DISTURBED AREAS ABOVE THE SEDIMENT
PROMIOEO THE MINIMUM STORAGE VOLUME RfOUIREMEM A MET. THE BASIN SHOULD ALSO BE ORIENTED SUCH THAT THE - TRASH RACK S POOL AND DOWNSTREAM OF THE BASIN WITH
FILTER AND THE MAIN ROW OF WATER AMID SEDIMENT NG SEDIMENT ARE ON OPPOSITE ENDS ON E LOWER BASIN DIMENSIONS. /1`y
msEN CREST ° 3 `er 3 VEGITATION PER SEEDING SPECIFICATIONS
9. E O 3IC GF IF 1 C CUBIC FEET OF STORAGE VOUME PER DENUDED ACRE RECOMMENDED STORAGE IS law CUBIC - ? ,I IMMEDIATELY FOLLOWING CONSTRUCTION.
FEETET OFF FURA L PCR ACRE OF pRIJNgCE AREA A
10, ME LENGTH OF TBE STONE OUT (SPILLWAY) 15 TO BE BASED ON A ID YEAR STORM. SEDIMENT CLEAR OUT EIEY -CMP PEEORAIEO RISER /
(� _ (SEE NOTE 1) T
11. WHENEVER TOPO(RALHY ALLOWS, THE WIN LENGTH SHOULD BE MICE IV) THE BASIN WIDTH, TO ALLOW FOR SETTLING. WAFRES \1 L'N RIP-RAP APRO
M N
SHOULD BE PRG1 FD IN THE BASIN WHERE ME LENGTH IS LESS TOM TAKE E WIDML 11 1 r it
12. CLEMOUT STAKE AL. BE PLACED IN ALL SEDIMENT BASINS AT ME LOW POINT IN ME BASIN. THE STATICS SHALL BE MARKED �-STONE15 SEIE R LroI Y
SHOWING THE Fla ,IL CLEANOR POINT, OF ME BASIN CLEAN OUT xY r 1.5
I}. SAFETY FENCING FlC `flOULU GL F-UCED MOUND ALL SEDIMENT BASINS. STAKE� ✓' _ _
I I ' I L I
ITT FOR Y FEN OF RISER N E STD OJI wLD REFER A SE NORTH BASINS.
DEPARTMENT OF ENYIRDNMENT. rr
- LI 1. i
t _ I I I IT� �1 ILl I �� II I �� ILr� ,1 �I� � II Lr
HEALTH. AND NATURAL ftE500FG'--. E[ f � BOTTOM OF BASIN
-: I
� OIsrH ICE 'raE (BARREI)
D � \_MR-SEEPDOLLAR
CONCRETE ANCHOR
S
BASIN RISER BARREL &NREI STORAGE DIMENSIONS SEOIMENi SEDIMENT SEDIMENT >ror Do�[£MatG•�y �
DAMETER DIAMETER SLOPE D S Y H 2 BOTTOM i0P EDIMEND PRONGED PRDVIOEO � M RIS fR REST SPILL ELIEVA ST iOPEOEV EW1
19.E3 20.000 8 ROWS OF 1 17581
SO-2 36" 30' 1.02 1'-0" C'-6' 9.5' J' b' 84x186' 1D0'x200' _(SF) (SE) HARES O <" 02' 870.0 676.0 877.0 8J95 l
RISER BARREL SEDIMENT BASIN DETAIL Zr" '
L_ VARIABLE AS DIRECTED BY THE ENGINEER NOIEs, TOP DF ROCK ABUTMENT ROCK ABUTMENT
1 (6 MAX ) 1. Plus DR MEDIAN SIZE OF RIPRAP AND LErvcM, WIDTH AND DEPTH of APRox atsw` r+ r
WOVEN FILTER FABRIC PER RIPRAP APRON DATA. BLOCK SHOWN BELOW.
T. REFER TO ME NORTH CAROLINA SEDIMENTATION AND EROSION CONTROL MANUAL fYYlau"
l r
MIN.yg FOR RIPRAP APRON DESIGN STMDARDS, SLOPE �l7 SPILLWAY
FDUNDATIDNSPILL WRY CREST ELEVATTDN
/ 3. RIPRAP SHOULD EXTEND UP BOTH SIDES OF ME APRON AND MOUND THE END
OF THE PIPE OR SOLVENT AT THE GISCFARGE DULCET AT A M4YIMUM SLOPE OF {v�,
{ 21 AND A HEIGHT NOT LESS MAN TWO THINGS ME PIPE DIAMETER OR FIE FEB
CULVERT HEIGHT. e X
_ Ti, a*3,y _�: ( ' v I S FABRIC Ty�r�y'
Lj �r I T T STEEL POST ',{r(I UPSTREAM Ni� _ M li' r OB
I i �- 414ri11 9 THERE SHALL BE NO OVERFLOW FROM THE END OF THE APRON TO ME ROCK
r SURFACE OF MC RECEMNC T ME I ME AREA TO A BE PAVED OR ftT THE D GRAVEL LACMG
w I' 11� ` GAME BE E (FLUSH)
FLU H SD THTH AT ME IHVERi OF ME APRON SHALL RFACE OF ME BECOMING CHA BE AT THE 1' THIGH MIN. --� -(�; APRON 'P
W I IF _� I N r T E M �I' Q �l I, �i" APRON SHALL I WIVE R CUTOFFEORUTOE WALL AT THE SCWNST AMNTEND. THE - ~'l fjw C,_ A_4xj-x'.fi' S I+
D _ 2 FILTER FABRIC M FC' R
ILL ( I- 3 GRAVEL 'x•HY.�• ea -C' '✓ �-o E. 5 THE I OIH OF THE END OF THE APRON SHALL BE EQUAL CE ME BOTTOM '� YA r Xnf •1
I .. I �I� _ I ; ,. p D �O 1aL WIDTI OF ME RECEMNC CHANNEL MAXIMUM TAPER TO RECEIVING CHANNEL 5.1 LACENCr f� ,4.
Srs ?*)I FABRIC FILTER
n [' pCSV P )?I) x 0. A0. SUBARADE FOR STRUCTURE TO BE COMPACTED TO 95% OR GREATER. �.
GENERAL NOTES' SILT FENCE r�T=. J THE I'I ACING OF FILL. LATHER LOOSE OR eCMPACiEa' IN THE FCQ'NMG e ' ? z
iGl y I CHANNEL SHALL NOT BE ALLOWED. ��``
I. FILTER FABRIC FENCE SHALL BE A MINIMUM OF 32" IN WIDTH AND i `j B. NO BENDS OR CURVES IN ME HORIZONTAL ALIGNMENT OF ME APRON WILL `)
SHALL HAVE A MINIMUM OF 6 LINE WIRES WITH 12" STAY SPACING. ANCHOR SKIRT 6" MINIMUM PLAN B E PERNITTEO. E A r rFLOW
_. WOVEN FILTER FABRIC BE USED WHERE SILT FENCE IS TO REMAIN y RD-1 RD-3
FOR A PERIOD OF MORE THAN 30 DAYS. _ L STRUCTURE PIPE d50 RIPRAP § -"� l ! YL -
FFF LLL IN LIEU OF BURYING SKIRT, 6" OF (ID' MIN.) DESIGNATION DIAMETER STONE SIZE L W t U :� .'? ROCK ABUTMENT 900 iAi 468.00
3, STEEL POSTS SHALL BE 5'-0" IN HEIGHT AND BE OF THE #5 WASHED STONE MAY BE USED SPILLWAY R ��• � � - - TDP OE EMBANKMENT ELEV 9'!(i(1 869.00
r `
SELF-FASTENER ANGLE STEEL TYPE. OVER TURNDOWN. SB-2 30" 9" 20' 23' 0.25 CREST ' ' LEVEL
APRON SPILLWAY' CREST ELEV 8SU.00 065.OtI
4. WASHED STONE SHALL BE USED TO BURY SKIRT WHEN SILT FENCE rNAMINL GRADE �„ -
IS USED ADJACENT TO A CHANNEL, CREEK OR POND. Y`. VOLUME PROVIDED 71,000.00 5$00000
5, TURN SILT FENCE UP SLOPE AT ENDS. RIP BAP ILL J� /� (� �/ ROCK
// DAM
6. WHEN FABRIC IS USED WITH WIRE MESH 8' CENTERED POSTS MAY BE USE. \�I II _ �E ABUTMENT TEMPORARY l /� O(� (\ JJA A/I
-STEEL POST ----... NOT TO SCALE
MAINTENANCE NOTES: L FILTER BARRIERS SHALL BE INSPECTED BY THE FINANCIALLY
RESPONSIBLE PARTY OR HIS AGENT IMMEDIATELY AFTER EACH FILTER FABRIC
RAINFALL AND AT LEAST DAILY DURING PROLONGED RAINFALL. "�L- 4- 15 WASHED STORE SCALE: 19
DRAWING TITLE;
ANY REPAIRS NEEDED SHALL BE MADE IMMEDIATELY. Op LAYER OF FILTER FABRIC EROSI❑N & SEDIMENT CONTROL DETAILS
2. SHOULD THE FABRIC DECOMPOSE OR BECOME INEFFECTIVE PRIOR TO THE END
OF THE EXPECTED USABLE LIFE AND THE BARRIER STILL I$ NECESSARY, THE j FCl SECTION B-B
FABRIC SHALL BE REPLACED PROMPTLY. INITIALS DATE PROJECT: PROJECT NO.
3. SEDIMENT DEPOSITS SHOULD BE REMOVED AFTER EACH STORM EVENT OR SILT I I ❑GLE13AY NHRTEN SPECIALTY MINERALS DSoDt9
FENCE SHOULD BE REPLACED. THEY MUST BE REMOVED WHEN DEPOSITS REACH PREPARED BY: DEB 2/11/05
APPROX. HALF THE HEIGHT OF THE BARRIER. ANY SEDIMENT DEPOSITS REMAINING IN ANCHOR SKIRT CLEVELAND COUNTY, NEIRTH CAROLINA
PEACE AFTER THE SILT FENCE IS REMOVED SHALL BE DRESSED TO CONFORM 6" MINIMUM DRAWN BY: PMB 2/11/05 REV, ND.' REV. DATE'
TO THE EXISTING GRADE, PREPARED AND SEEDED_ RIPRAP APRON AT PIPE OU TLETS CHECKED BY: DEB 2/I1/e5 CHALAM PAKALA ENGINEERING AND
TEMPORARY SILT FENCE N. T. S. APPROVED BY DEB 2/11/05 ENVIRONMENTAL SOLUTIONS DRAWING NO.:
PILE NAME: A Cost-Effective Solution Provider for Manufacturing Industries
N. T.S 056019 MASTER 11823
CHARLOTTE, NORTH D IH CAROLINA 282c9 (704) 596-1121

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LEGEND
Category Affected Acreage
MINE ,AREA mmmmmmm Tailings/Sediment Pond 40 �y a i/ f
PROPERTY LINE Stockpiles 17 ` � �
Overburden Piles 14 / A h
MINE ACTIVITY Processing Area/Haul Ras 3 �� �` — ` —� / 10
T ��
Permit Boundary �'`
Other
Excavation
03 Mir - -- /
they 42
1
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if-
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1
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/ V�`. ��.
VIP L
If
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P!
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r r n 1,.l.,..._ �._. - , �t r F i`y r�%✓/'I r
Waste
rr
., .. - _ _
! �`- --_� � `° ,ye-�`,i / 7 Acres 1 r 1 �1'` /�
_ /"
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i
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--' / v t r . 1 Ore 3 - �, r r
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" . I
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TM
OGLE BAY NOF2TON
SPEC/ALTY M/NERALS
EXISTING PERMIT NO , 23 — )3 NO. DATE REVISION
1 ) 7/7/2004 2004 MINING PERMIT RENEWAL PRO> NO. DmwN er
2) 11/9/2004 2004 MINING PERMIT RENEWAL DATE: 4/1e!2-00 MINE PERMIT RENEWAL M.P. Tonelis
3) - ADDED CONTOURS & STOCKPILES "198
NEISLER MINE'S No. 1 , No. 2 & No. 3
4
CJ) SUBTITLE: DnCNC NU n
6 MINING/TAILINGS DISPOSAL ACTIVITY

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Legend
Mine Area — - - � =` a r� ' ;� ` ExIsunc P�wrr NO. zs o3
Category Affected Acrea e
Property Line - - - Tailings/Sediment Ponds 57
'' �� Stockpiles 6
Permit Boundry � �
Overburden Piles 0
Mine Activity Process/Haul Roads 5
TM
Mine Excavation (inactive) 14
Water Storage 6
<= E— BAY NOF� TON
Errs, sere
NO. DATE REVISION SPEC/AL TY M/NERALS
1 ) 1 /19/98 1997 — Reclamation Report (MPT) scut: 1- = 1003 eROaCT NO.
MINING MAPPING Drt ILNR
2) 1 /25/99 1998 — Reclamation Report (MPT) DATR: 7/18j 04 M.P. Tonelis
3) 11 /23/99 Transfer of Mining Permit to New Owner (MPT) ' MOSS MINE C No . I 9,. No . 2
4) 7/19/04 2004 MINE PERMIT RENEWAL �1/� J �V CX, IV
5) 9OB T B'. ➢RAILING 141131l
6 PROCESSING PLANTS AND WATER STORAGE

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Mine Area/Aeticity ____ ____ _____
Oglebay Nonon Property Line
Neisler Lease Properly Line
TM
7] GL— EB4�) Y N - RTON
SPEC/ALTY M/NERALS
r �O �-
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o Title :
Mine Permit 23-03 Overall Property Map
Date: Project:
8/ 10/2004
Scale: Mine Permit Renewal 2004
1 IN . = 600 FT.

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North Carolina Department of
Environment & Natural Resources
NCDENRDivision of Land Resources —Land Quality Section
1612 Nfail Service Center, Raleigh, NC 27699-1612
Phone [phone] Fax [phone]
Facsimile
Date:
TO: ��'^'� T�xv�
Phone No: 8 - gU5- 89 SS Fax No: S.LR lv - � Ilo
FROV1: r`5"��^ � tt,�( (VA Extension:
COMMENTS:
3 pd-vs
T�
_UA
_ n
You should he receiving page(s) including cover sheet. lfyou do not
receive all pages, pleowe contact sender.

4glebay Norton Mine 23-03
Subject: 4glebay Norton Mine 23-03
From: Doug Miller <[e-mail]>
Date: Fri, 18 Mar 2005 15:19:21 -0500
To: "[e-mail]" <Kristin.H ickl in@ncmai 1.net>
I have reviewed the calculations for the new sediment basins
proposed for the mine. The calculations seem reasonable and
provide adequate sediment efficiency for the 10 year storm with
appropriate surface area . The basins are designed to pass the 25
year storm without failure.
If this office can provide additional information, please contact
US .
doug
Doug Miller - Doug .Miller@ncmail .net
North Carolina Dept . of Environment & Natural Resources
Div . of Land Resources - Land Quality Section
610 E . Center Ave. , Suite 301
Mooresville, NC 28115
Ph: (704 ) 663-1699 Fax: (704 ) 663-6040
1 of 1 3/18/2005 4:15 PM

MINING CHECKLI5T FOR ROUTING
Applicant's Name: � Project Name: Muss ?I If
a3- 3
Applic./Permit No.: ___County: 0 Date Received::( - a I --OS
Reviewer: Yc . 1r River Basin Name: -RYT)CL&
❑ New ❑Renewal ❑ Modification (inside permit boundaries)
❑ Modification (outside permit boundaries) ❑ Transfer ❑Release
❑ Partial Release A citional Information ❑ Fee Needed: $
0 Fee Received: $
Please route entire application package to,
Regional Office (2 complete copies; attach the"LQ5 Regional
,office Mining Application Review Checklist" to one copy and attach both the DWQ and OAQ
"Mining Application Review Form"to the other copy; send both eo�pice tto�the I °i0 I Engineer)
Pate: Routed 'R�ed
❑ Division of Water Resources Date: Routed Rec'd
❑ NC Wildlife Resources Commission Date: Routed Rec'd
❑ U5 Fish &Wildlife Service Date: Routed Rec'cl
(Only new applications and modification requests that add land to the permit)
Please mute first 3 pages of the application and any location maps to•
❑ Division of Parks & Recreation Date: Routed Rec'd
❑ NC Geological 5urvey Section Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
❑ Division of Archives & History Date: Routed Rec'd
(Only new applications)
❑Other. Date: Pouted
Rec'd
**5uopense Date for Comment5:3,`$ w (no later than 25 days
from receipt)
xI Prlease note the following:
c)f �(PViilt) CtM�e S

CyldbO I 1, M e an
vD e
146es L i io_t
Knos Mol itS I NC PB(IBfi
SPECULry MINERALS TEL70471Y-3660
FAX]W-i 39-788B
w woglebaYnIIdonmm ir--
February 16, 2005
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Dear: Kristin Hicklin,
Assistant State Mining Specialist,
Land Quality Section
Please find enclosed per your letter dated January 12, 2005, the appropriate details and
associated calculations for sediment basins on Archdale west property. These conditions
are for Renewal of Permit Number 23-03. Enclosed are two copies of each with the
requested changes as follows:
Archdale West Mine—Erosion & Sediment Control Details Drawings#1 &92
Archdale West Mine—Erosion & Sediment Control Calculations
Financial Responsibility/Ownership Form—Sedimentation Pollution Control Act
(Notarized and Check for $3,000,00)
1 hope that these latest revisions clarify questions concerning the sediment and erosion
control measures for Archdale West for the renewal application of Mine Permit Number
23-03, which is under your review.
Call myself at 704-739-3616 if there are any questions concerning the application.
Sincerely,
.� UJ =ED
Michael Tonelis,Plant Manager

EROSION & SEDIMENT
CONTROL CALCULATIONS
FOR
OGLEBAV NORTON SPECIALTY MCNERIALS
February .11, 2005
Prepared For:
Oglebay Norton Specialty Minerals
1469 South Battleground Ave.
Kings Mountain, NC 28086
Prepared By:
CHALAM PAKALA ENGINEERING AND
ENViRONMENTAL SOLUTIONS
12823 Harris Ridge Dr.
Charlotte, NC 28269
704-596-1121
.• � CAR
11y1 W+q lq
SEL
Ir 1j1111 Ir1 Nat
2��r�T

SEDIMENT BASIN
Project Name: 0GLEBAY.N0RL0NI8P..ECIALTY MINERALS
Project Number: 05fi019
SEDIMENTOASIN: 8e'-R(
DRAINAGE AREA (AI) ]gqu ACRES
DISTURBED AREA(AG) ] ACRES
VOLUME REQUIRED=1800'A2 1000 - 10.7 = 19.260 OF
SURFACE AREA REQUIRED
014= SBO CFS
4560 0,01 - 43560 = 19N3 3F
USE: 100 A 2D0 = 20.000 SF
BARREL
(TABLE 9.Wa)CMP
(TABLE 8.0Ib)CONCRETE
HEIGHT OF RISER= H = 'i6FT
BARREL = 30 IN.
46.U2 CPS
RISER
(FIGURE a OTb) 36 IN.
EMERGENCY SPILLWAY FOR 025
025= ss;m crs
025-BARRELCAPACITY = 55.1D - 46.07 = 903 OFFS
(TABLE 6.0}c) CFS
Q BOTTOM W IOTH
P:O.S3 STAGE FEET
USE: B X 1 EMERGENCY SPILLWAY
DEWATERING HOLES
As=SURFACE AREA
H=MAX HEAD OF WATER ABOVE THE HOLE
T=DETENTION TIME IS HRS)
DO=COEFFICIENT OF CONTRACTION(D.6)
AD=AS-((2-Wro.S)I J-cb'20,426) 20000 - 3.464102 1
6 a6 • 20426 - 1,42 SF
20546 SI
117"HOLE =0190 SI
PERIMETER OF RISER= N 30 = 113.10 IN
HOLES SPREAD @4"ON CENTER= 113.09731 4 = 29 PER ROW
NUMBER OF ROWS= 206.161 20 = BROWS
USE I 8 ROWS OF IIT'HOLES AT 4"ON CENTER
ANTIFLOTATION
ALUMINUM RISER PIPE 36 IN
CONCRETE RISER PIPE(OUTSIDE DIA.,INSIDE DIA) ICy:2 N[: Q IN
WT.OF WATER=Pi'r2-H-62.4 1.1 = 2.9111bs i
WT.OFCONCRETE=(Pi'r2'H)-(W•r2' H'I50)= Nm:1_.5 = 0 [bs 1
WT.OF BLOCK ET0_5 %04 %��iy(IMx 150 - -3,038 ILA )
TOTAL DOWN 2.911 + 0 4 308 = -126 Ibs

• •
ROCK DAM
Project Name: OGLBA'N E NORTON�SEEEIALTV MINERALS
Project Number: 056013 1
Rock Dam: RD• .-.
DeJNAGEAREA (A11= dam... ACRES
DISTURBED AREA(A2)= '. @- ACRES
VOLUME REQUIRED-1800•A2 loco • 1639 29.484 GF
SURFACE AREA REQUIRED
Q10= = 154A) CFS
104.00 001 - 43560 = 71.430 SF
Rack Dam: BB3
DRAINAGE AREA (A11= �;j�].,. ACRES
DISTURBED AREA(A2)= 96.'9P ACRES
VOLUME REQUIRED=1000-A2 loco - 1636 = 29,404 CIF
SURFACE AREA,REOUIRED
Qto= 13000 CFS
130.00 001 - 43560 56,626 SF

VOLUMPROVIDED BY ROCK DAM -•
TOTAL TOTAL
ELEV. FTA2 FTA3 F 43 ACRES ACRE-FT ACRE-FT
1. 895,00 27,850 0.6393
247,125 5.6732
2. 900,00 71,000 247,125 1.6299 5.6732
VOLUME PROVIDED BY ROCK DAM -3
TOTAL TOTAL
ELEV. FTA2 FTA3 FTA3 ACRES ACRE-FT ACRE-FT
1. 860.00 9,059 0.2080
108,515 2.4912
2. 865.00 34,347 108,515 0.7885 2.4912
138,371 3A765
3. 868.0D 57900 246,886 1,3292 5.6677
TOTAL VOLUME PROVIDE 494,011 FT^3 11.3409 ACRE-FT

C HAS. H. SELLS,mC.
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• e

® Worksheet
Worksheet for Trapezoidal Channel
Project Description
Worksheet d I
Flow Element Trapezoidal Chn
Method Manning's Form,
Solve For Channel Depth
Input Data
Mornings Coeffic 0,069
Slope 01600D Tit
Left Side Slope 3,00 H :V
Right Side Slope 3.00 H :V
Bottom Width 3,00 g
Discharge 5300 CIS
Results
Depth 1.99 h
Flow Area 17,8 IF
Wetted Perim; 1556 It
Top Witllh 14.92 R
Critical Depth 1.39 It
Critical Slope 0.076294 IHg
Velocity 2.98 We
Velocity Head 0.14 It
Specific Energy 2.12 g
France Numb, 0.48
Flow Type Subcritical
T g? D5_0
Project Engineer: Chas H, Sells
j:\Vrojectmo51D55o1B_archdale_minelprojectt.tm2 Chas H.sells FlowMaster v6.1 [6140[
02/11/05 12:42.52 PM 0 Haeslatl Memotls, Inc. 37 Brookside Road Waterbury,CT 06708 USA [phone] Page 1 of 1

• -- � Worksheet �
U
Worksheet for Trapezoidal Channel
Project Description
Worksheet Trapezoidal Channi
Flow Element Trapezoidal Chann(
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coetfic 0.033
Slope 020000 ft/ft
Left Side Slope 2.00 H :V
Right Side Slope 2.00 H:V
Bottom Width 0.00 ft
Discharge 3.72 cis .7 i^ l
Results
Depth 0.77 ft
Flaw Area 1.2 ft'
Wetted Perimi 3.45 ft
Top Width 3.08 ft
Critical Depth 0.74 ft
Critical Slope 0.025703 ft/ft
Velocity 3.13 ft/s
Velocity Head 0.15 f-,-.
Specific Enerc 0.92 ft
Froude Numb, 0.89
Flow Type 5ubcritical
sre��
PERMISSIBLE SHEAR STRESS: 1.45 lbslft (table 8.05g)
Nvalue=0.033 (table 8.05e)
T=YDS
T=(63.4) C r 7 7)
T= e (n Vk
Project Engmeer. Chas H. Sells
j:Iproject120051056 0 1 9_archdale_minelprojectl.fm2 Chas H.Sells FlowMaster v6.1 [614oi
02/11/05 08:53:44 AM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA [phone] Page 1 of 1

Worksheet •
Worksheet for Trapezoidal Channel
Project Description
Worksheet td-3
Flow Element Trapezoidal Cha
Method Manning's Forml
Solve For Channel Depth
Input Data
Mam ings Coot 0.025
Slope 016000 R/fl
Left Side Slope 2A0 H : V
Right Side Slope 2.00 H : V
Bottom Width 0.00 it
Discharge 53,00 cis
Results
Depth 1.85 fl
Flow Area 7.7 tP
Wetted Penml 9.77 it
Tap Width ]B5 11
Critical Depth 2.13 0
Critical slope 0010352 Poft
Velocity 609 we
Velocity Head 0074 it
Sochi Eneq 2,70 ft
Froude Numb, 1 23
Flow Type 3upemiritical
ryn. Mc�
T= ybs = croa ,�� c i , 9 �k .ol �> �,97
Project Engineer: Chas H. Sells
japmjeCl@oo5056p19_alchtlale_minelpmjecli fm2 Chas H.Sells FlnwMasterv .i t5140)
011me 12:13:20 PM 0 Haestad Methods. Inc. 37 Brookside Road Waterbury, CT OB]oe USA [phone] Page 1 of 1

• Worksheet
Worksheet for Trapezoidal Channel
Project Description
WorRsheel Trapizoida l Channe
Flow Element Trapezoidal Charm
Method Manning's Formula
Solve For Channel Depth
Input Data
Mornings Coef is 0.033
Slope 037000 Itttt
Left Side Slope 2.00 H :V
Right Side Slope 2.00 H :V
Bottom Width 3.00 ft
Discharge 5.80 cis
Results
Depth 0.39It
Flow Area 1.5 ft•
Wetted Perlml 4,73 ft
Tap Width 4.55 It
CrItIcal Depth 0.44 It
Critical Slope 0023644 It IX
Velocity 3.96 We
Velocity Head 0,24 ft
Specific Err" 0.63 R
Frcude Numb, 123
Flow Type iuperailical 11
Saw 1inec'�
o,
s"
oti
Project Engineer. Chas It. Sells
pprojeclQuoo1056019_arehdale_min itpmjectLfm2 Chas H.Sella FlowMasterv6.1161401
01 Vp5 12:0414O PM C Haestad Methods, Inc. 37 6rookulde Read Walerbury,CT C6]0811SA (203)]55-1666 Page 1 of 1

Worksheet
Worksheet for Trapezoidal Channel
Project Description
Worksheet to 5
Flow Element Trapezoidal Cha
Method Marl Forml
Salve For Channel Depth
Input Data
Mannings Coeffic 0.095
Slope 053000 tuft
Left Side Slope 3,00 H :V
Right Side Slope 3.00 H :V
Bottom Width 3.00 It
Discharge 5,80 cfs
Results
Depth 0.48 ft
Flow Area 2.1 W
Wetted Periml 6.02 It
Top Width 5.87 B
Critical Depth 0.42 R
Critical Slope 0.133246 "
Velocity 2.74 We
Velocity Head 0.12 It
Specific East 0.59 ft
Frauds Numb, 0.80
Flow Type 8ubcritical
8tos ��
o%.
Project Engineer: Chas H. Sells
j tproject@o05W5Bo19_arChtlale_minelpmjectl.lm2 Chas H, Sells FlowMastsra6.1 [61401
02J11106 12:39 51 PM C Haesed Methods, Inc. 37 Brookside Road Waterbury, CT 067n8 USA [phone] Page 1 of 1

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DRAINAGE AREAS
200'
a K4,
J

h ,
RIP RAP APRON
Project Name: Oglebay Norton Specialty Minerials
Project Number: 056019
APRON: SB-2
DISCHARGE= 45.6 CFS
PIPE DIAMETER W 30 inches
d50= 9 inches Figure 8.06a NCDENR Design manual
LENGTH= 20 feet Figure 8,06a NCDENR Design manual
WIDTH= 23 feet
dMAX = PIPE dMAX'1.5 13.5 inches
THICKNESS =dMAX* 1.5 20.25 inches

AS
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
DMS10N OF LAND RESOURCES
LAND QUALITY SECTION
August 14, 2003
Mr. Andy Howell
Oglebay Norton Specialty Minerals, Inc.
Post Office Box 729
Kings Mountain,North Carolina 28086 �.�
AUG 1 8 2003
RE: Moss-Neisler Mrne (Fermi #23-03)
Cleveland County, N. C. Fyn
Dear Mr. Howell:
Attached is a copy of our report documenting an inspection recently conducted at a mine
site for which our records show you to be responsible. The inspection was performed under the
provisions of North Carolina General Statute 74-56 of the Mining Act of 1971.
Please review the report carefully and note any problems or deficiencies documented by the
inspector. Furthermore, please note any recommendations and/or specific corrective actions
required to correct any deficiencies that may be listed.
The responsibility for understanding and complying with the terms and conditions of your
mining permit and the Act lies with you.
Please do not hesitate to contact this office if you have any questions concerning the
attached report.
Your cooperation is appreciated.
Si rely
Steve Allred, CPESC
Asst. Regional Engineer
Attachment
cc: Tracy Davis, PE - Mining Specialist
919 North Main Street, Mooresville, North Carolina 28115
CTG/ae Phone: [phone]FAX: [phone] Internet %w%v.enrstate.nc.us
An Equal Opportunily%Arwmatiae Action Employer—50%Recycled 110%Pat Coaumer Papa

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. Mine Name: Moss-Neisler Mine 2. Mining permit #: 23-03
3. Operator: Oglebay Norton Specialty Minerals, Inc. 4. County: Cleveland
5. Address: PO Box 729 Kings Mountain, NC 28086 6. Permit expiration date: S/16/04
7. Person(s) contacted at site: Andy Howell
8. Was mine operating at time of inspection? Yes: X No: 9. Pictures: Yes: No: X
10. Date last inspected: 12/14/99 11. Any mining since last inspection? Yes: X No:
12. Is the mine in compliance with the Operating Conditions of the permit? Yes: X No:
If no,explain:
13. Is the mine in compliance with the Reclamation Conditions of the permit? Yes: X No:
If no,explain:
14. Did any of the above deficiencies result in offsite damage? Yes: No: X If yes, describe the type and
severity of the damage:
15. Corrective measures needed and/or taken:
16. Other recommendations and comments: Site looks good at this time. Continue to follow the conditions
outlined in your Mining Permit to assure compliance with the Mining Act of 1971.
17. Is the Annual Reclamation Report +/- map accurate? Yes: X No: (explain) Not reviewed:
18. Follow-up inspection needed? Yes: No:X Proposed date:
19. Number of additional pages of inspection report: 0 20. Copy of report sent to operator: 8/14/03
C 1i
Inspected by: Charles Gerstell, Steve Allred Date: 8/6/03
Phone number: 704-663-1699

A`'
NC®ENR
'North Carolina Department of Environment and Natural Resources
Michael F. Easley, Govemor William G, Ross Jr., Secretary
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
November 22, 2002
Cz
Mr. Andy Howell NOV 2
Oglebay Norton Specialty Minerals, Inc. 5 zQ�z
Post Office Box 729Y:
Kings Mountain,,North Carolina 28086
RE: Moss-Neisler Mine
Cleveland County, N. C.
Dear Mr. Howell:
Attached is a copy of our report documenting an inspection recently conducted at a mine
site for which our records show you to be responsible. The inspection was performed under the
provisions of North Carolina General Statute 74-56 of the Mining Act of 1971.
Please review the report carefully and note any problems or deficiencies documented by
the inspector. Furthermore, please note any recommendations and/or specific corrective actions
required to correct any deficiencies that may be listed.
The responsibility for understanding and complying with the terms and conditions of your
mining permit and the Act lies with you.
Please do not hesitate to contact this office if you have any questions concerning the
attached report. .
Your cooperation is appreciated.
Sincerely,
d6ve—Allred, CPESC
' Asst. Regional Engineer
Attachment
cc:-Tracy-Davis:PE- M i SPec list,
919 ON fVlalnTtreet, Mooresville, North Carolina 28115
SEA/ae Rhone 704-663-16991 FAX: 7D4-663-60401 Intemet: www.enr.state.nc.us1ENR
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Rost Consumer paper

r�
North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. Mine Name: Moss-Neisler Mine 2. Mining permit#: 23-03
3. Operator: Oglebay Norton Specialty Minerals, Inc. 4. County: Cleveland
5, Address: PO Box 729 Kings Mountain, NC 28086 6. Permit expiration date: 5/16/04
7. Person(s) contacted at site: Andy Howell
8. Was mine operating at time of inspection? Yes:X No: 9. Pictures: Yes: No:X
10. Date last inspected: 12/14/99 11. Any mining since last inspection? Yes:X No:
12. Is the mine in compliance with the Operating Conditions of the permit? Yes:X No:
If no,explain:
13. Is the mine in compliance with the Reclamation Conditions of the permit? Yes:X No:
If no,explain:
14. Did any of the above deficiencies result in offsite damage? Yes: No:X If yes, describe the type and
severity of the damage:
IS. Corrective measures needed and/or taken:
1.6. Other recommendations and comments: Site looks good at this time. Continue to follow the conditions
outlined in your Mining Permit to assure compliance with the Mining Act of 1971.
17. Is the Annual Reclamation Report+/- map accurate? Yes: X No: (explain) Not reviewed:
18. Follow-up inspection needed? Yes: No:X Proposed date:
19. Number of additional pages of inspection report: 0 20. Copy of report sent to operator. 11/21/02
0u
Inspected by: Charles Gerstell, Steve Allred Date: 11/20/02
Phone number: 704-663-1699

TRANSMISSION VERIFICATION REPORT
TIME 04/30/2004 14:54
NAME NC DENR DLR
FAX [phone]
TEL [phone]
SER. H xxxxxxxxxxxz
DATE DIME 04/30 14: 52
FAX NO./NAME 82168612307
DURATION 00: 01: 51
PAGE(S) 07
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
FAX NUMBER TRANSMITTED TO:
To: bl]V)Mi0 jiLQ/Vr\✓✓1 -
Of.
From: A-A�✓�'/^11�_ 1 �
RE:. �l/l.iQ NIl.4'V
Date:
COMMENTS: J dl) lyu
'IF YOU DO NOT RECEIVE ALL PAGES. PLEASE TELEPHONE US IMMEDIATELY AT(919)733-4574.

NORTH CAROLINA DEPARTMENT OF
1 ' ENVIRONMENT AND NATURAL RESOURCES
✓g �.....��...r DIVISION OF LAND RESOURCES
NR
'F JAM ES'B: N1.1 T[T,'.]R.�+e
zA January 8, 2001
GOVERNOR"
14 ` Mr. David Williamson
1 BiLL.'HOLMAN' Oglebay Norton Specialty Minerals, Inc.
SECRETARY P.D. Box 729
Kings Mountain, North Carolina 28086
'
CHAR E5 H.R` . •�1' RE: Mining Permit No 23-03
L ; s ARDNARDNER
'. PG'`+PE}0IReCTOR I Moss-Neisler Mine
AND,STATE Isr Cleveland County
i.lal+l;r' tom,✓ fi z I��KS
'S�41
� Broad River Basin
Dear Mr. Williamson.
Your application for modification of the above referenced mining
permit has been approved. The modification is to increase the permitted
acreage to 753.92 acres and increase the affected acreage to 381 .03 acres
as indicated on the Moss Mine's No. 1 & No. 2 Mine Map last revised
November 30, 2000 and the Archdale Mine - East Mine Map last revised
r August 21, 2000. This modification includes a'2.0 acre stockpile/excavation
t _ area on the 4.19 acre addition (the McIntosh Addition) and a 1.03 acre mine
area that will be converted to a waste storage area on the 1,03 acre addition
(the Landstar Addition). A copy of the modified mining permit is enclosed.
The conditions in the modified permit were based primarily upon the
• � f •� '� p p � Y P
initial application. Modifications were made as indicated by modification
1, request and as required to insure compliance with The Mining Act of 1971 .
, J The expiration date, mine name and permit number shall remain the same
` ' • r' ,c . as before the modification.
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 753.92 acres and
the amount of land you are allowed to disturb is 381.03 acres.
4.
;I
LAND QUALITY SECTION 1919)733-4574 FAX[phone]
,� ..ti - •
• "L '���,- •, '� GEOLOGICAL SURVEY SECYION(919)733"2423 FAX 19Ig)733•D900
1812 '1 n,L S+cnv;C6!qn'r". ac.FtrxH. NG�74^Q•1 ct, 19141733.34a3 }AX 9f9)715-?F^
'' DENR TOLL=REE Ho7LiNL-: 1-677•fi•d3-u74t1

Mr. Williamson
January 8, 2001
Page 2
Please review the modified permit and advise this office at [phone] should
you have any questions concerning this matter.
Sincerely,
Tracy E. avis, P.E., C.P.M.
State Mining Specialist
Land Quality Section
TEDIjw
Enclosures
cc: Mr. Doug Miller;-P.E.
Ms. Monika Sharma-WRC, wlenclosures
Mr. Bradley Bennett-DWQ, wlenclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau,
w/o enclosures
5.

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:
Oglebay Norton Specialty Minerals, Inc.
Moss-Neisler Mine
Cleveland County - Permit No. 23-03
for the operation of a
Mica and By-Products Mineral 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: May 1.6, 2004

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 gther
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
June 12, 1979: This permit has been modified to include an additional 465 acres identified as the
Neisler and U.S. Gypsum Corporation Tracts.
September 20. 1981: This permit has been renewed and transferred from Kings,Mountain Mica
Company, Inc. to KMG Minerals, Inc.
May 16. 1994: This permit has been modified to include the changes to the operation as indicated
on the revised mine maps, Sheets 1 through 17 of 17, dated March 9, 1994.
October 14. 1994: This permit has been transferred in its entirety from KMG Minerals, Inc. to
Franklin Industries, Inc.
March 10, 1997: This permit has been modified to incorporate Mining Permit No. 23-10 (Hawks
Mine) in its entirety and to add the Archdale Tract as indicated on the mine map last revised
February 11, 1997.
November 19, 1998: This permit has been modified to allow test blasting to be conducted at the
Hawks Mine as indicated on the 8 '/2 by 11 inch section of the mine map received by the Land
Quality Section on October 15, 1998 with stipulations.

Page 3
May 12, 1999: A partial release has been granted to release Tract No. 1 , Tract No. 3, Tract No.
4, and Tract No. 5 from the permitted and affected acreage at this site. Tract No. 2 was previously
released.
March 6 2000: This permit, issued to Franklin Industries, Inc., has been transferred in its entirety
to Oglebay Norton Specialty Minerals, Inc.
January 8. 2001: This permit has been modified to increase the permitted acreage to 753.92
acres and increase the affected acreage to 381 .03 acres as indicated on the Moss Mine's No. 1
& No. 2 Mine Map last revised November 30, 2000 and the Archdale Mine - East Mine Map last
revised August 21, 2000. This modification includes a 2.0 acre stockpile/excavation area on the
4.19 acre addition (the McIntosh Addition) and a 1.03 acre mine area that will be converted to a
waste storage area on the 1.03 acre addition (the Landstar Addition).
Expiration Date
This permit shall be effective from the date of its issuance until May 16, 2004.
Conditions
This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, at. seq., and to
the following conditions and limitations:
OPERATING CONDITIONS:
1. Wastewater and Quarry Dewatering
A: Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules- promulgated by the N.C. Environmental
Management Commission.
Any storm water 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
Storm water Section, Division of Water Quality, to secure any necessary storm
water permits or other approval documents.
2. Air Quality and Dust Control
A. Any mining related process producing air contaminant emissions including fugitive
dust shall be subject to the requirements and rules promulgated by the N:C.
Environmental Management Commission and enforced by the Division of Air
Quality.
B. During quarry operation, water trucks or other means that may be necessary shall
be utilized to prevent dust from leaving the permitted area.
3. Buffer Zones
A. Any mining activity affecting waters of the State, waters of the U. S., or.wetlands -
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.

Page 4
B. Sufficient buffer (minimum 30 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.
All buffer zones shown on the Archdale Mine - East map last revised August 21,
2000, Moss Mine's No. 1 & No. 2 map last revised November 30, 2000, Hawks Mine
Maps last revised November 23, 1999 and received by the Land Quality Section on
December 8, 1999, and the Neisler Mine's No. 1 , No. 2 and No. 3 and Archdale
Mine - West Mine Maps last revised January 21 , 2000 and received by the Land
Quality Section on January 31, 2000 shall be maintained to protect adjoining
property. These buffer zones, with the exception of approved earthen berms, shall
remain undisturbed.
D. An undisturbed buffer zone of 25 feet along bath sides of the gas line located near
Concept Drive on the Neisler 1 and 2 Tracts shall be maintained. In addition, all
excavated slopes adjacent to the buffer zones along the gas line shall be
maintained at a 2 foot horizontal to 1 foot vertical or flatter slope.
4. Erosion and Sediment Control
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.
QAll.mining activities, including the installation and maintenance of all erosion and
sedimentation control measures, shall be conducted as indicated on the Archdale
Mine - East map last revised August 21, 2000, Moss Mine's No. 1 & No. 2 map last
revised November 30, 2000, Hawks Mine Maps last revised November 23, 1999
and received by the Land Quality Section on December 8, 1999, and the Neisler
Mine's No. 1, No. 2 and No. 3 and Archdale Mine - West Mine Maps last revised
January 21, 2000 and received by the Land Quality Section on January 31, 2000.
C. Appropriately designed erosion and sediment control measures shall be installed
and maintained, as necessary, below the previous United States Gypsum plant area
to prevent off-site sedimentation.
D. Appropriately designed diversions and chute spillway shall be provided and
maintained, as necessary, to control surface drainage on the fill area between the
plant area and Interstate 85.
E. An erosion and sediment control plan(s) shall be submitted to the Department for
approval prior to any land disturbing activities not indicated on the revised erosion
control plan or mine maps submitted with the approved application for a mining
permit and any approved revisions to it. Such areas include, but are not limited to,
expansion outside of the approved pit area, creek crossings, or expansion of
overburden or waste disposal areas.

Page 5
F. The surface water runoff from the 2.0 acre stockpile/excavation area on the 4.19
acre addition to the Moss Mine's No. 1 & No. 2 tract and the 1.03 acre mine area
that will be converted to a waste storage area on the 1 .03acre addition to the
Archdale Mine-East tract shall be diverted internal to the mine excavation or into
existing sedimentation and erosion control measures to prevent off site
sedimentation.
5. Groundwater Protection
Groundwater monitoring wells shall be installed and monitored as deemed appropriate by
the Department.
6. Graded Slopes and Fills
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
maycause off-site damage because of siltation, shall be planted orothenvise provided with
groundcover, devices or structures sufficient to restrain such erosion.
7. Surface Drainage
The affected land shall be graded so as to prevent collection of pools of water that are, or
likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
Blasting Conditions for Approved Test Shot(s)Only,
The operator shall provide to the Department a copy of the findings of any seismic studies
conducted at this facility. The operator shall make every reasonable effort to incorporate
the studies' recommendations into the blasting program.
The operator shall monitor each blast with a seismograph located at a distance no
farther than the closest off site regularly occupied structure not owned or leased by
the operator. A seismographic record including peak particle velocity, air overpressure,
and vibration frequency levels shall be kept for each blast (except as provided under
Sections B. and D. of this permit). The following blasting conditions shall be observed by
the mine operator to prevent hazard to persons and adjacent property from surface
blasting:
A. Ground Vibration With Monitoring
In all blasting operations, the maximum peak particle velocity of any component of
ground motion shall not exceed Figure 1 (below) at the immediate location of any
regularly occupied building outside of the permitted area such as a dwelling house,
church, school, or public, commercial or institutional building.

Page 6
s 0.0 i 0.0
u
' m
o ,
j '2,0 2 inisec
1:5 ,
t
n
d 0 9 0.9
0 0.7S intseC
0.7 0.7
3 0.5 0.5
O .7 0.5
Q .
0.3 0.3,
.% 0.2
� t
i
0.1
1 .d 10 20 30 100
Blast`lbration Frequency,Hz
Figure 1 Altemative biasting level crrtena., .
(Source modified.from ugure B-1. Bureau'of Mines R,35a7)
B. Ground Vibration Without Monitoring:
In the event of seismograph malfunction or other condition which prevents
monitoring, blasting shall be conducted in accordance with the following formulas:
W = (DIDS)2 DS = D
Wirt
V = 160(DS)"
W = Maximum charge weight of explosives per delay period of 8.0
milliseconds or more (pounds).
D = Distance from the blast site to the nearest inhabited building not
owned or leased by the mine operator (feet).
DS - Scaled distance factor.
V = Peak Particle Velocity (inches per second).
The peak particle velocity of any component shall not exceed 1 .0 inch per second,
for the purposes of this Section.
C. Airblast With Monitoring:
Airblast overpressure resulting from surface blasting shall not exceed 129 decibels
linear (dBL) as measured at the immediate location of any regularly occupied
building not owned or leased by the operator outside of the permitted area such as
a dwelling house, church, school, or public, commercial or institutional building,
unless an alternate level based on the sensitivity of the seismograph microphone
as specified below is being used:

Page 7
Lower Frequency Limit of Max Level,
Measuring System, in Hz in-dBL _
0.1 Hz or lower-flat response 134 peak
2.0 Hz or lower-flat response 133 peak
6.0 Hz or lower-flat response 129 peak
D. Airblast Without Monitoring:
In the event of seismograph malfunction or other condition which prevents
monitoring, blasting shall be conducted in accordance with the following formulas:
U = 82 (DIWo.33)-1.2
To convert U (psi) to P (dBL):
P = 20 x log (U12.9x10-')
Confined Airblast/Overpressure (dBL)
for quarry situation:
A = P - 35
U = Unconfined air overpressure (pounds per square inch).
W = Maximum charge weight of explosives per delay period of 8.0
milliseconds or more (pounds).
D - Distance from the blast site to the nearest inhabited building not
owned or [eased by the mine operator (feet).
P = Unconfined air overpressure (decibels).
A = Airblast or air overpressure for typical quarry situations (decibels).
The airblastloverpressure shall not exceed 129 decibels, for the purposes of this
Section.
E. Record Keeping:
The operator shall maintain records on each individual blast describing: the total
number of holes; pattern of holes and delay of intervals; depth and size of holes;
type and total pounds of explosives; maximum pounds per delay interval; amount
of stemming and burden for each hole; blast location; distance from blast to closest
offsite regularly occupied structure; and weather conditions at the time of the blast.
Records shall be maintained at the permittee's mine office and copies shall be
provided to the Department upon request.

• ® Page 8
F. Excessive Ground Vibration/Airblast Reporting:
If ground vibration or airblast limits are exceeded, the operator will immediately
report the event with causes and corrective actions to the Department. Use of
explosives at the blast site that produced the excessive reading shall cease until
corrective actions approved by the Department are taken. However, blasting may
occur in other approved areas within the permitted boundary. Authorization to blast
at the blast site may be granted at the time of the verbal reporting of the high
ground vibration or high air blast reading if the circumstances justify verbal approval.
Failure to report will constitute a permit violation.
G. Flyrock Prevention:
The operator shall take all reasonable precautions to ensure that flyrock is not
thrown beyond areas where the access is temporarily or permanently guarded by
the operator. Failure to take corrective measures to prevent flyrock and repeated
instances of flyrock shall be considered a violation of the Mining Permit.
H. FI rock Reporting:
Should flyrock occur beyond the permitted and guarded areas, the operator shall
immediately report the incident to the Department. Further use of explosives on the
mine site shall be suspended until the following actions have been taken:
I. A thorough investigation as to the cause(s) of the incident shall be
conducted.
2. A report detailing the investigation shall be provided to the Department within
10 days of the incident. The report shall, at a minimum, document the
cause(s) of the incident along with technical and management actions that
will be taken to prevent further incidents. The report shall meet with the
approval of the Department before blasting may resume at the mine site.
I. Studies:
The operator shall provide to the Department a copy of the findings of any seismic
studies conducted at the mine site in response to an exceedence of a level allowed
by these blasting conditions. The operator shall make every reasonable effort to
incorporate the studies' recommendations into the production blasting program.
J. Notice:
The operator shall, when requested by the Department, give 24 hour advance
notice to the Land Quality Section Regional Office prior to any blast during a period
for which notice is requested.
K. The test snots in the Hawks Pit shall be conducted .as indicated on the 8 '/Z by 11
inch section of the mine map and related correspondence received by the Land
Quality Section on October 15, 1998 with the following stipulations: 1) the test shall
be limited to two shots, 2) the above blasting conditions shall be followed for the
test shots, and 3) the blasting consultants shall submit to the Land Quality Section
two copies of all seismograph recordings and blasting records, including any
conclusions made, shortly after completion of the test.

• Page 9
L. A modification request shall be submitted to and approved by the Division of Land
Resources prior to incorporating blasting activities into the routine mining activities
at the site. Prior to submitting the modification request, a meeting shall be
conducted as described in the additional information letter from Ms. Judy Wenner
dated October 19, 1998.
9. Hiah Wall Barrier
A physical barrier consisting of chain link fencing, vegetated earthen berms, 4 strand
barbed wire fencing (a minimum 4 feet high), or large boulders placed end-to-end shall be
maintained at all times at the perimeter of any high wall to prevent inadvertent public
access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at
the junction between the top of rock and the toe of any overburden cut slope.
10. Visual Screenina
A. Existing vegetation shall be maintained between the mine and public thoroughfares
to screen the operation from the public. Additional screening methods, such as
constructing earthen berms, shall be employed as deemed appropriate by the
DE3Department.
Vegetated earthen berms and other acceptable screening shall be located and
maintained as shown on the Archdale Mine - East map last revised August 21 ,
2000, Moss Mine's No. 1 & No. 2 map last revised November 30, 2000, Hawks Mine
Maps last revised November 23, 1999 and received by the Land Quality Section on
December 8, 1999, and the Neisler Mine's No. 1, No. 2 and No. 3 and Archdale
Mine - West Mine Maps last revised January 21, 2000 and received by the Land
Quality Section on January 31, 2000. Berms shall be constructed a minimum five
foot high with a 16 foot top width and a minimum two horizontal to one vertical or
flatter side slopes.
C. In addition to grasses, longleaf and/or Virginia pines or other acceptable evergreen
species shall be planted as deemed appropriate by the Department to improve
visual and noise buffering.
11. Plan Modification
A. 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 and any approved
revisions to it. Approval to implement such changes must be obtained from the
Department prior to on-site implementation of the revisions.
B. A modification request shall be submitted to and approved by the Division of Land
Resources prior to incorporating blasting activities into the routine mining activities
at the site. Prior to submitting the modification request, a meeting shall be
conducted as described in the additional information letter from Ms. Judy Wehner
dated October 19, 1998.

• • � Page 10
12. Refuse Disposal
X 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 miming 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
5) 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.
13. Annual Reclamation Repo
An Annual Reclamation Report shall be submitted on a form supplied by the Department
by February 1,of each year until reclamation is completed and approved.
14. Bonding
The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00
surety bond is sufficient to cover the operation as indicated in the approved application.
This security must remain in force for this permit to be valid. The total affected land shall
not exceed the bonded acreage.

Page 11
15. Archaeological Resources
Authorized representatives of the Division of Archives and History shall be granted access
to the site to determine the presence of significant archaeological resources.

J
Page 12
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable
obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G.S. 74-53
1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials
shall be at such an angle as to minimize the possibility of slides and be consistent with the
future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment StOtion
and the North Carolina Forest Service.
6. Permittee shall conduct reclamation'activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule included
in the plan, which shall to the extent feasible provide reclamation simultaneous with mining
operations and in any event, provide reclamation at the earliest practicable time after
completion or termination of mining on any segment of the permit area and shall be
completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
1. Provided further, and subject to the Reclamation Schedule, the planned reclamation shall
be to allow the mine excavations to fill with water, provide a permanent barricade (fence)
along the top of any high wail, and grade and revegetate any areas in unconsolidated
material.-
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. Overburden shall be used to slope all side slopes of the mine excavation in
unconsolidated material to a 1 1/2 horizontal to 1 vertical or flatter slope on the Moss
Tract and.United States Gypsum Tract and to a 2 horizontal to 1 vertical or.flatter
slope on the Neisler, Hawks and Archdale Tracts.
B. All lake areas shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.

y
Page 13
C. The side slopes to the lake excavations shall be graded to a 3 horizontal to 1
vertical or flatter above the water level and 1 '/2 horizontal to 1 vertical below the
water leveh
D. Any settling ponds and sediment control basins shall be backfilled, graded, and
stabilized or cleaned out and made into acceptable lake areas.
E. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
F. Compacted surfaces shall be disced, subsoifed or otherwise prepared before
revegetation.
G. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Conditions Nos. 12.A.
through D.
H. The affected land shall be graded to prevent the collection of noxious or foul water.
3. Reveoetation Plan:
Disturbed areas shall be permanently revegetated according to the Revegetation Plan
prepared by Mr. Jim Boggs with the Soil Conservation Service on February 18, 1992.
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 to Kings Mountain Mica Company, Inc. July 26, 1972, modified June
12, 1979, renewed and transferred in its entirety to KMG Minerals, Inc. September 20,
1981, renewed and modified May 16, 1994, transferred in its entirety to Franklin Industries,
Inc. October 14, 1994, modified March 10, 1997, November 19, 1998, and May 12, 1999,
and transferred in its entirety to Oglebay Norton Specialty Minerals, Inc. March 6, 2000, is
hereby modified this 8th day of January, 2001 pursuant to G.S. 74-52.
By: �✓ '`�
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

Date QdA <;r, q00 I
MEMORANDUM
TO: File
FROM: Susan Edwards�Y
SUBJECT: Notice of Issuance of Mining Permit
A cap he atta ed o ice f Issuance a Mining (Sermit" w s 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 he beside the names of
the people in the file who were sent this "Notice" .
cc: Regional Engineer

0
i t
NOTICE OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed as an adjoining land
owner in the application to modify this mining permit filed by Oglebay Norton Specialty
Minerals, Inc. to conduct mining activities off NC Hwy. 29 in Cleveland County. The mining
permit (no. 23-03)was modified on January 8, 2001.
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. 150B-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, N. C. 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 F. McLawhorn, Registered Agent and General Counsel,
Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, N.
C. 27699-1601 .
Charles
Director
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
This notice was mailed on 9B� a,00
v� r-6&
Susan Edwards
Mining Program Secretary

O-NT OF
�o United States Department of the .Interior Piu—
aI a
• FISH AND WILDLIFE SERVICE
"4PCH 3 Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801 1
December 27, 2000
Ms. Tracy E. Davis, P.E.
State Mining Specialist
Land Quality Section
North Carolina Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Dear Ms. Davis:
Subject: Mining Permit Modification Request for Oglebay Norton Specialty Mineral, Moss
Neisler Mine - Permit No. 23-03, Cleveland County, North Carolina
We received your letter dated December 5, 2000, in which you have several questions regarding
comments in our letter dated November 9, 2000, about the subject mining permit. First, you
asked for clarification as to how our offices (Asheville and Raleigh) prefer to administratively
handle mining permit applications. Secondly, you stated that you do not believe there is
justiFcation for the nine items (there are actually only eight items, there was a numbering error)
we believe need to be addressed for this permit.
You may fonvard permit applications to either the Raleigh Field Office or our office. Mr. Kevin
Moody, of our Raleigh Field Office, thought it would simplify matters if you routed all permits
through him; he would then forward those in our work area to us. If you would prefer, you may
send applications and other correspondence to the appropriate office based on the enclosed map
or continue sending the permits through Mr. Moody in the Raleigh Field Office.
The eight items we asked to be considered in evaluating this permit provide us with the most
basic information necessary to assess potential negative environmental impacts. We believe
these are data needed to determine how the mining activity will affect the environment (NC GS,
Ch. 74, Art. 7, § 74-51). Because the Application for a Mining Permit accompanying your letter
of October 5, 2000, referred only to environmental documents on file and the "Protection of
Natural Resources" section of the permit was not filled out, we had little choice but to ask for
additional information. We ask for this information for virtually all projects that we review. In
your letter you note that the North Carolina Wildlife Resources Commission did not comment on

this permit. However, the signature on their reply states that "Due to time constraints and
staffing limitations, we are unable to gather the information necessary for providing comments.
This position implies neither approval nor disapproval of the project." This does not appear at all
to be a lack of concern with the project and should not be considered justification for not
addressing our concerns. Perhaps if you provided the information we requested, other agencies
would also be better able to comment on the proposal.
Item I (a comparison of alternatives) is necessary because, without alternatives, avoiding and
minimizing environmental impacts become harder, if not impossible, to achieve. Item 2 may not
be applicable in this instance as impacts are not likely,to cause disturbance outside the areas
indicated in the permit application. Obviously, it is not necessary to address items 3 and 4 if
there are no jurisdictional wetlands or waterways involved in the subject project (or the
assessment of wetland impacts and mitigation are included as a part of items 2, 6, and 9). Item 5
does not require any detailed information beyond a description of the upland habitat that will be
lost. How can we assess impacts if we do not know what is present? Items 6 and 7 are
applicable and need to be addressed only if there are secondary and cumulative impacts. Again,
if there are impacts, we have to know what they are in order to assess them. The final item asks
for mitigation measures; we have to know what they are in order to compare them to project
impacts and to ensure their adequacy.
Finally, we are aware that this is a relatively small project, but the few items we are asking for do
not necessarily require a great amount of time or expense. As we stated earlier, they are simply
the basic data we need to properly conduct our assessment of the project.
We appreciate the opportunity to elaborate on our comments about this proposed action. If you
have any questions regarding our comments, please do not hesitate to contact Mr. J. Allen
Ratzlaff of our staff at 828/258-3939, Ext. 229. We have assigned our Log Number 4-2-01-026
to this project; please refer to it in all future correspondence directed to us concerning this matter.
Sin rely,
C�.
Brian P. Cole
State Supervisor
Enclosure

n
u3 e:.

OGLE'BAY-NORTON MOSS-NEISLER MINE,#23-03 9 0
Subject: OGLEBAY-NORTON MOSS-NEISLER MINE #23-03
Date: Fri, 15 Dec 2000 15:36:49 -0500
From: Doug Miller<[e-mail]>
Organization: NC DENR •- Mooresville Regional Office
To: Judy Wehner<[e-mail]>
This seems to address my concerns about the property. Will they be
disturbing the 100 foot buffe?. If they are then sediment controls may
be necessary. Also since they are excavating, will they need to give us
new information about wells in the area since there are homes across the
street which may or may not have been constructed since the mine was
first constructed and they are getting closer with excavation though the
plant has been there a long time.
Doug Miller - [e-mail]
North Carolina Dept. of Environment & Natural Resources
Div. of Land Resources - Land Quality Section
919 N. Main St.
Mooresville, NC 28115
Ph: (704) 663-1699 Fax: (704) 663-6040
Doug Miller <Doug.Milier u,ncmail.net>
NC DENR-Mooresville €
Div.of Land Resources-Land Quality Section
1 of 1 12/15/004:09 PM

•t1, v' `��".�Jn� l • r'�,'•2. C��/Iw7 'LAY.- III+++ - }U�/�'f/" � t�10
-
ORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
�L Y DIVISION OF LAND RESOURCES
NCDENR
December 5, 2000
• JAM EgB."HIJ NT,°JR4�'ii
- CsOVERNOR• Mr. Brian P. Cole
State Supervisor
United States Department of Interior
' BILL HOLMAN• Fish and Wildlife Service
aI,
SECRETARY Asheville Field Office
160 Ziilicoa Street
�y'"`''' Asheville, North Carolina 28801
CHAR I_ES:H. GARDNER
IP.G fi'E_,011R R
-AN D•STATE:GEOLOGIST' .
4 RE: Mining Permit Modification Request
Oglebay Norton Speciality Minerals
Moss Neisler Mine Permit No. 23-03
Cleveland County
<. Broad River Basin
F.,
n
Dear Mr. Cole:
Thank you for your letter of November 9, 2000 to Ms. Susan
Edwards of this office concerning the above referenced request. We
greatly appreciate your agency's review comments on this and other
y mining permit applications.
In response to your concerns expressed in your letter, I offer the
following.
• '~' " u— 1 .) During earlier telephone conversations with Mr. Kevin
Moody of your agency regarding the routing and comment
procedure for mining permit applications, ! was advised to
� = send all such applications to Mr. Moody's attention so that
M r ".
he could coordinate your agency's review. If your agency
would prefer that we forward all future projects directly to
the respective field office, please confirm this in writing and
provide us with the necessary contact information.
a .V .�
fi
µ '� . P"•_ ` LAND QUALITY SECTION [phone] FAX [phone]
.S •.0 V t':. ...
G[OLUCICAL SURL VCY SECTION(919)733.2423 FAK(919)733.0900
;� •,i 1612 MAIL SERVICE CENTER, RAEIG H, NC 27899.1912 [phone] FAX[phone]
t r i AN EQUAL QPPORTUNITY ! AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED ! lOq POST-CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

Mr. Cole
Page 2
2.) In addition to your detailed review comments on the above application, we
also received a "No Comment" from the N.C. Wildlife Resources
Commission (see attached). After review of your comments, this office
does not see sufficient justification in this instance to require the applicant
to conduct detailed investigations of items 1-9 on page 2 of your
November 9, 2000 letter. However, the items mentioned at the bottom of
page 2 will be addressed through operating and reclamation conditions
contained in the current permit, and those we propose to add after receipt
of additional information from the applicant. For your information, I have
attached a copy of Ms. Judy Wehner's November 7, 2000 letter to the
applicant requesting additional information so that we may complete our
review of this request. If you feel items 1-9 of your letter should be
addressed by the applicant, please provide this office with additional
written justification to support each item,
I hope I have been able to address the main concerns expressed in your letter.
If you have any additional concerns or questions, please contact me at [phone].
Again, this office greatly appreciates your agency's review and comment on new and
modification applications for mining permits. -
Sin
cerely,
E. avi
State Mining Specialist
Land Quality Section
Ad
23-03.usfws.ltr.wpd
Attachments
cc: Mr. Charles Gardner
Mr. Mell Nevils
Ms. Judy Wehner
Mr. Chris Hite
Ms. Susan Edwards _
Mr. Doug Miller
Mr. Kevin Moody

gNT OF Ty
p United States Department of the Interior
N O
� a
FISH AND WILDLIFE SERVICE
bggey s �aA@ Asheville Field Office
160 7illicoa Street
Asheville, Noah Carolina 28801
November 9, 2000 Nl� 'r1 �r.
v o 0
Ms. Susan B. Edwards
Mining Program Secretary- Land Quality Section
North Carolina Department of Environment and
Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Dear Ms. Edwards:
Subject: Mining Permit Modification.Request for Oglebay Norton Specialty Minerals, Moss
Neisler Mine - Permit No, 23-03, Cleveland County, North Carolina
Your letter dated October 5, 2000, was sent to our Raleigh Field Office. They received it on
October 16, 2000, and forwarded it to us (we received it on October 19, 2000). The U.S. Fish
and Wildlife Service's review of projects in Cleveland County is handled by our office and
should be sent to us at the above address. The following comments are provided in accordance
with the provisions of Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C.
1531-1543) (Act) and the provisions of the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e).
According to the information enclosed with your letter, the project will involve the addition of
two parcels (4.19 and 1.02 acres) to the current permit (23-03); both are adjacent to the current
permitted boundaries. The larger tract will be used to stockpile ore (about 2 acres), with the
remainder of the tract being left undisturbed. The smaller tract will be excavated and
subsequently converted to a waste storage area. Both sites will be managed and reclaimed
according to the existing reclamation plan. Sediment and erosion control will be incorporated
into the existing management plan and inward drainage will be maintained.
Enclosed is a list of species from Cleveland County that are on the Federal List of Endangered
and Threatened Wildlife and Plants and species of Federal concern that may occur in thin project
impact area. We are particularly concerned that the dwarf-flowered heartleaf(Hexasrylis
naniflora) may occur in the project area. We recommend surveying the project area for these
species prior to any further planning or on-the-ground activities to ensure that no adverse impacts

YweP - - z 4a
D u�
,� .
Mtttb
' MR KEVIN MOODY
U S FISH & WILDLIFE SERVICE
P O BOX 33726
RALEIGH NC 27636-3726

r ® e
occur to these species. Species of Federal concern are not legally protected under the Act and are
not subject to any of its provisions, includi g Section 7, unless they are formally proposed or
listed as endangered or threatened. We are including these species in our response to give you
advance notification. The presence or absence of these species in the project impact area should
be addressed in any environmental document prepared for this project. The environmental
document should contain the following information, if pertinent:
i A complete analysis and comparison of the available alternatives the build
O P Y p
and no-build alternatives).
(2) A description of the fishery and wildlife resources within existing and
required additional rights-of-A and any areas, such as borrow areas, that
may be affected directly or indirectly by the proposed project.
(3) Acreage and description of wetlands that will be filled as a result of the
proposed project. Wetlands affected by the proposed project should be
mapped in accordance with thel Federal Manual far Identifying and
Delineating Jurisdictional Wetlands. We recommend contacting the
U.S. Army Corps of Engineers to determine the need for a Section 404 Clean
Water Act permit.
(4) Extent (linear feet as well as discharge) of any water courses that will be
impacted as a result of the proposed project. A description of any streams
should include the classification(Rosgen 1995, 1996) and a description of the
biotic resources.
(5) Acreage of upland habitat, by over type, that will be eliminated because of
the proposed project.
(6) Description of all expected secondary and cumulative environmental impacts
associated with this proposed work.
7 A discussion about the extent tIo which the project will result in the loss
degradation, or fragmentation of wildlife habitat from direct construction
impacts and from secondary development impacts.
9 Mitigation measures that willIsses
I e employed to avoid eliminate reduce or
( } g ,compensate for habitat value (wetland, riverine, and upland) associated
with any phase of the propose project.
We recommend that: 1) the disturbance I
( f stream and wetland areas be avoided to the
maximum extent possible; (2) stringent erasion and sedimentation controls be installed and
maintained in order to prevent unnecessary impacts to aquatic resources within and downstream
of the project site; and (3) in cases where work within stream and wetland areas cannot be

s � � �

r
avoided, the stream or wetland be restored to a habitat value equal to or greater than that which
was disturbed.
We appreciate the opportunity to review and provide comments on this proposed action. If you
have any questions regarding our comments, please do not hesitate to contact Mr. J. Allen
Ratzlaff of our staff at 828/258-3939, Ext] 229. We have assigned our Log Number 4-2-01-026
to this project; please refer to it in all future correspondence directed to us concerning this matter.
I
Sincerely,
Brian P. Cole
State Supervisor
Enclosure

r ® O
ENDANGERED, THREATENED, AND CANDIDATE SPECIES AND FEDERAL
SPECIES OF CONCERN, BY COUNTY, IN NORTH CAROLINA
This list was adapted from the North Carolina mural Heritage Program's County Species List. It is a listing
of North Carolina's federally listed and proposed endangered, threatened,and candidate species and Federal
species of concern(for a complete list of rare species in the state,please contact the North Carolina Natural
Heritage Program). The information in this list is compiled from a variety of sources, including field
surveys, museums and herbariums, literature, had personal communications. The North Carolina Natural
Heritage Program's database is dynamic,with+w records being added and old records being revised as new
information is received. Please note that this list cannot be considered a definitive record of listed species
and Federal species of concern, and it should d I at be considered a substitute for field surveys.
Critical habitat: Critical habitat is noted, wit
hh a description, for the counties where it is designated.
Aquatic species: Fishes and aquatic invertebtates are noted for counties where they are known to occur.
However,projects may have effects on downstream aquatic systems in adjacent counties.
COMMON NAME SCIENTIFIC NAME STATUS
CLEVELAND COUNTY
Vascular Plants
Dwarf-flowered heartleaf Huicitylis nanii fora Threatened
Sweet pinesap Monotropsis odorata FSC
Carolina saxifrage SaaiJrrrga caroliniana FSC
KEY:
Status Definition
Threatened A taxon"likely to become end ingered within the foreseeable future throughout all or a
significant portion of its range.'
FSC A Federal species of concern--a species that may or may not be listed in the fume(formerly
C2 candidate species or specie under consideration for listing for which there is insufficient
information to support listing).
June 16, 2000 Page I of I

MINING CHE�CKL 5T FOR ROUTING
Applicant`c Nome: IDal.tbel y
- I In(rl Project
Applic./Permit No.:d ]YA�.3P5 County: I U( 24 Date Received:
Reviewer: oA, )fl{ .✓ Rive Basin Name: EL"
0 New ❑ Renewal ❑ Modifi tion (inside permit boundaries)
ZpNlodification (outside permit boundarie ) ❑Transfer ❑ Release
❑ Partial Release ❑Additional In rmation ❑ Fee Needed: $
❑_Fee Receivedl: $
e ,LX mAm C4Aa.d u Regional Office (2 omplete copies; attach the "L45 Regional
Office Mining Application Review Checklist" to oi e copy and attach bath the DWQ and PAQ
"Mining Application Review Form"to the other c)py: send both copies to the Regional Engineer)
ate: Routed � �Recd
❑ Division of Water Resources ate: Routed �Rec'd
❑ NC Wildlife Resources Commission ate: Routed Rec'd
❑ U5 Fish &Wildlife Service Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
Fleaoc route first 3 pageo of the applic Non and any location 5 t0;
0 Division of Parks & Recreation ate: Routed Rec'd
❑ NC Geological Survey Section ate: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
❑ Division of Archives & History ate: Routed Reed '
(Only new applications)
❑ Other: ate: Routed Rec'd
"5uopen5e Date for Comment: Izraa 00 (no later than 25days
from receipt)
�0 Please note the following:
c�, l

OTainay NorTun Specially Mlnemis • ",�
ry Kings MOUnIa n.NG 20o0Gaoa PO R9� 1469E bAve.5✓C LIa LIv MOXERati TEL [phone]
FAX 7D4 739 7800
www.10lebaynonon.mm
November 30, 2000 c
Judith A. Weluter
Land Quality Section
Division of Land RCSOLITUeS
Depavhnem of Environment and Natural Resources
1612 Mail Service Centcr
Raleigh, N.C. 27699-1612
Rh: Oglebay Norton Specially Minerals
Moss-Neislei Mine Permit No. 23-03 Modification
Requcsl for Revised Detail on McIntosh Addition
Dear Ms. Wehner,
Friclosed are two copies of a revised mine map ;botving more detail of the
stockpile/excavation area on the 4.19 acre McIntosh a ddition_ The map depicts a hvo ace
area outlined in red where the area will be excavated and the stockpile built over it. Ilse
buffer 'ronc of 100 feel along Bethlehem Rnad is also depicted.
Thank }rou for your assistance and please Lentil(I me at 704-734-3516 Willis dues not
meet the deparUnems rcytrest in your letter of [November 7, 2000.
Yours truly,
/a,GGy/
.Ii1" Spigner

NORTH CAROLINA DEPARTMENT OF
(i ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
'°i'NC®EHR
t � 4
JIL
e" mT J 7 . ovember 7, 2000
p.GOVERNOP y�Yt�
_ Certified Mail
Return Receipt Requested
BILL ROLNAN
1 Y.SECRETARY
i •.y Mr. Dave Williamson
Oglebay Norton Specialty Minerals
c 'Ns " c d NER P.O. Box 729 JI
PG PE:oOI E O ,,S Kings Mountain, North Carolina 28086
- AND STATEGEOMdiIX4
.41 L✓..
V" RE Moss-Neisler Mine
;XL Permit No. 23-03
Cleveland County
Broad River Basin
r a ''
Dear Mr. Williamson;
We have reviewed th modification request you submitted for the
above referenced mine site however, the following information is needed
i ;
to continue processing your application:
More detail is needed n the 2.0 acre stockpile area located on the
�; ' -'` ' °• 4.19 McIntosh Additioh. Please submit a revised mine map that
i1� yt If shows more detail for this area. If you have any questions
concerning these details please contact Mr. Mell Nevis at (919) 733-
4574 or Mr. Doug Miller at [phone].
a .1
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
x�•- 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, N. C. 27699-1612
"NO Owuiv 6[mlON (01 D1733-4574 FAX [phone]
O60LO61CA469MVC.SCCn4N(91DI733.2423 EA%1919)733-0900
1612 MAIL CCC N 2 191917333533 FA%(919015-6901
AN EQUAL OPPORTUNrtv / APFIAMtl ACTION EMPLOYER - 90%1x O% p
BEND Tau FREE HOTLINE. I 877�623•6748

Certified Mail
Mr. Williamson
Page 2
As required by 15A NCAC 56,0013, 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,
_ OIL,-
Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Doug Miller, P.E.
Mr. Mell Nevils, P.E.

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• •
NCGS Mine Permit Application Review Checksineet
Application ID 23-03 Los Complete This Section Atlanta Pages 1 3 of Mine Permit Applwali
G
Mine Name Moss Neisler Mine Company Name Oglesby Norton Specialty Minerals
..
Date Due LOS 1012712000 . Permit Type: II ens
ji
NCGS Complete This Section , ,_ iy •I
Commodity Joiner mica, feldspauquaitz,clay �I Subsidence no comment
County : Cleveland I _.
7.5 Quad GROVER II, r _: .. p u ,^ 'i, ' ^, it n«
Slope Stability no comment
Let DecOeg) N � d. IP.
Long(DecDegj', B1 4063�I'
_:: . . ..
1985 Geologic Mc Cherryville Granite II Seismic Hazard^ 10.0i
Map Unit
Hydrogeology diabase dikes 2
Other "" Miss muscovite biotite granite(USGS Map I 4 1
Geologic Map 1251-E) II
Umt II '
`Lithology: ^ ' muscovite blimps graniteJIVIRDS
J
I( Mineral mine 00000000000786321ocalatl neat
: . Iu:'�.'..,. „. . •, .'.Resources .. to SE
Geochemistry other 3.
Hazardous '
Minerals
., Flood Plain no
Deposhs
4 t a,
Comments 11.La1. long. antl vicinity map do not agree with locations on mine map. 2. USGS Map 1-1225-E shows dispose dil
r lntasecling SE side of mine area should concerns about hydrogelogy arise', near KM shear zone. 3. No As data in
NURE.4.1-i pegmatite nearby
Note ,Seismic hazard value is the peekhonzontal:acceleration with a10%chance of exceedencen 50 years
Reference value is firm bedrock actual site conditiensmay vary. Source-National Seismic-Hazard Maps a y'
Documentation,June 1991S.Geological SUNey.Open-File Report 96-532
(hdpflgldmaps.0l.cr.usgs.gov/seisharlpga 10.html)„
Remewertl w^ RMW NNiy�l Complci 10125I2000
0
Revie Vet JCR _ GoanatDate2 10125I2000
OCT 2 5 2000 N
LNCGS.MIne.Renew, hen heel Database_Rev..1.v.10116100 I
DENR
-AND OUALITV SECTION

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Moss /Je,gla-
23-03
1 of 1 10/17/001:56 PM

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NCGS Nline Permit Application Review Check Sheet
11
Permit or . No. (��—D ttach Pages l-i of Mine Permit Application)
ILM�JgNltn¢ Name: IRL ` ef:l.QCounty: `Y �
Commodity: _ rushed stone _dimension stone _sand and gravel _clay
pd�other (specify)
i
Date Received by NCGS: Date Due to LQS: /o�—Aoacl
1. Location: i
Latitude (deg min sec) Longitude (deg min sec)
or
Latitude (dec deg ) Longitude (dec deg)
7.5-minute Quadrangle Name
❑ Minimum Requirement: 7.5-minute topographic map; DOQQ or Orthophoto
❑ Optional: Aerial Photography - CIR DOQQ (if available), NCGS 1950-70's
vintage; County',1"- 400': NCDOT.
Note: Optional Internet sources: terraserveccom, ncmapneccom
Comment (e.g., geographic features, other landmarks):
2. Geologic Map Unit
❑ 1985 State Geologic Map unit
❑ Geologic map unit from more detailed/ recent map if available (give source)
Comment:
3. Geochemistry / Hazardous Minerals
a Acid-producing rock/ sediment
❑ Sulfidic rock (disseminated and/or localized)
❑ Organic sediment
❑ Coal, peat
❑ Asbestos - asbestiform minerals,ultramafic rock
❑ Arsenic minerals-'disseminated vs. vein deposit
❑ Radioactive minerals (uranium, thorium bearing)
❑ Mercury (from human activity - proximity to old gold mining operations)
o None — not applicable
4. Ground Movement
❑ Subsidence
❑ Carbonate units, sinkholes, underground caves
❑ Aquifer dewatering
❑ Abandoned underground mines
❑ None — not applicable
Mine Permit Review Check Sheet Rev 0 10/2/00 Page 1 0f 2

A
•�E NORTH CARD LIMA DEPARTMENT OF
1y ENVIRONMENT AND NATURAL RESOURCES
NCDENR DIVISION OF WATER RESOURCES
p
4E�0�
Memorandum
J9R� A 7'
co RE To:To: Susan B. Edwards
Mining Program Secretary
lid ; Land Quality Section
S RETARY
Ia1hRETARY n>EC 4 .
tl'
From: Greg L. Rudolph14
Ground Water Branch
3DIHHINNAAt9`bORRROM Division of Water Resources
MATS
0
Do e Re: Mining Permit Modification Request for Oglebay Norton Specialty
e•�s Minerals
°sS® Moss Neisler Mine— Permit No. 23-03
Cleveland County
Date: 10/23/00
Based on the information contained in the Mining Permit Modification
Request for the above referenced site, I foresee no obvious or immediate adverse
effects on potable ground water supplies or ground water quality in the area of the
Moss Neisler Mine. This statement is contingent that the construction details
described in the modification request meet the approval of the Division of Land
Resources.
I
_ D � 6
00 ,o � � pCT 26 2009
DENR SECTION
GNU UUPLITV
S� a M. LI No ADURVYL tell MALL3 RVICe cn L uTER. RAUGM. NC z99 Y 1611
PHYSICAL ADDRESS: S N. SALIEEURY STREET. RALEICM. NcTsoa
P"ONE919-733-41SO4 FAY 919-T33-3490
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NORTH CAROLINA DEPARTMENT OF
�;.
a ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
October 5, 2000
NCDEN' '� MEMORANDUM
mz
TO: Mr. Nat Wilson
AMES 9.HUNTil R.F
'.,; I-Iydrogeology Group • � � -
GOVERNOR
Division of Water Resources2000
FROM: Susan B. Edwards
Mining Program Secretary DMSION OF
MAYNE MCDEVIU Land Quality Section _`ATM RE80UM,"-.G
SECRETARY
�y q SUBJECT: Mining Permit Modification Request for Oglebay Norton Specialty
' Minerals
D
00
a 9
° �" Moss Ncisler Mine - Permit No. 23-03
Cleveland County
CHARLES H.GARDNER
y,rP.G.,P.E.,DIRECTOR
��.. AV Please find attached for your review a copy of the mining permit modification
AND$TATE'GEOLOGIST..
" 46� request for the above referenced project.'
a Please review this information and advise as to the probability of this operation
I _ havingan undulyadverse effect on potable groundwater supplies G S. 74-51 2 or
groundwater quality (G.S. 74-51(3)). Please respond by October 27, 2000 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.
Ifyour 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.
/SBE
Attachments
cc: Mr. Doug Miller
LAND QUALITY SECTION [phone] FAX[phone]
9�11g, GEOLOGICAL SURVEY SECTION(919)
733-2423 FAX(9 1 9)
733-0900
V O O
VmyQ g P.O.BOX 27687,RALEIGH, NORTH CAROLINA 2761 1.7687 TELEPHONE [phone] FAX[phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-SOtyo' RECYCLED/10% POST-CONSUMER PAPER

0 o
MINING CHECKLIST FOR ROUTING
Applicant's Name: phx) n. rojet Name: /norJ9
Applic./Permit No.: —4)3County: . Date Received:
Reviewer i.!( ZA. River Basin Name: et
❑ New ❑TTRenewal ❑ Modification (ineide permit boundaries)
eModiTication (outside permit boundaries) ❑Transfer ❑ Release
0 Partial Release ❑ Additional Information ❑ Fee Needed: $
0 Fee Received: $ /G0—oQ0
Peas ro tP entir , application package Toad
%1 /1len t. Regional Office (complete copies: attach the "LQ5 Regional
Office Mining Application Review Checklist" to one copy and attach bath the DWQ and DAQ
"Mining Application Review Form" to the other copy: send both_copies to the Regional Engineer)
Date: Routed Rec'd
-001vision of Water Resources. Date: Routed J�P,ec'd
r .IC Wildlife Resources Commission Date: Routed Rec'd
,Z-u5 Fish & Wildlife Service Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
Plraee route. first 3 pis of the a� Ain cation an�lor�tjOn m one tn•
,F2,l71visien of Parks & Recreation Date: Routed G' Rec'd
/2'�C Geological Survey Section Date: Routed ec'd
(Only new applications and modification requests that add land to the permit)
livision of Archives & History Date: Routed Rec'd
(Only new a pplica won s)
❑Other. Date: Routed Rec'd
"*Su5pense Date for Comments: to a7 D (no later than 25 days
from receipt)
0 Please note the following: /1 � � /�•y /I

: t �
ZRZ
VE:DNORTH CAROLINA OOO
ENVIRONMENT AND NATOEOctober 5, 2069IVISION OFE
MEMORANDUM $ Qfl�AFA
''" TO: Mr. Ron Linville Ca OCT 2000
" Habitat Conservation Program Coordinator
'AMCS R."°NT'R Wildlife Resources Commission kx0
'Z I I CNciT3Yd
y
� "�1yy'inn9 FROM: Mining Susan . Ed ana Secretary o�6�e2(z9Z$2y7-4
�'ArnE Ncocv N� Land Quality Section
wm
s¢CRETARrr
A8 /d SUBJECT: Mining Permit Modification Request for Oglebay Norton Specialty
Minerals
R P �guI(�g�y9,N Moss Ncisler Mine - Permit No. 23-03
eNARLE9 N.GArtoN¢R Cleveland County
AR
P.E.OIREOOR
'a"NO RT"*EWE°LGG19Te® Please find attached for your review a copy of the mining permit modification
^ 6 request for the above referenced project.
MAC
Please review this information and advise as to the probability of this operation
�^ 9 having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)).
- Please respond by October 27, 2000 so that we may complete our review of this
request within our statutory time limits.
41
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
1 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. Tryout staff wishes to
p ' 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
°000 m. appreciated. Please contact Ms. Judy Wchner at [phone] if you have any
questions.
COE4he�s�P� I
/SBE (Sus Lotime constraints and slaitinglie hations,a
are arable t° gather the in`cr:naEon n^cossary for
Attachments rcyiding corrlmzats. This pnsitloa implies neRher
F
approua! nor disap royal 0 0 9 roliwU
CIE
9 m, cc: Mr. Doug Miller
� 0-
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"NO IDEA h ((``qqRRli la Wlltllitx lixsnures.C(Nnmis,__',m1
Yi SECTION
FAX
73A 0900
R9 � GEOLOGICAL SURVEY 3[CTION{e191 T99-2929 FR%19191 T93-0900
R,EO= P.O. 2T39T, NELSON. NORTH C"ROLIN"2T011-099> T NE(919)7323933 %(919)71 S-0901
AN EQUAL OPPORTUNITY hLFFl RMATIVE ACTION EMPLOYER N50% RUCYCLED110% POST-CONSUMER PAPER

• i
r.
NORTH CAROLINA DEPARTMENT OF
! ENVIRONMENT AND NATURAL RESOURCES
rr October 5, 2069IVfSIOfV OF LANp RESOURCES
-�- MEMORANDUM
NCDE , W
TO: Mr. Ron Linville
1. •;l•f. '' 7
Habitat Conservation Program Coordinator
:' Wildlife Resources Commission
.JAM E9 B.HUNTilR. 'Y
Lr:.,
GOVERNOR
t ' � . •��'<- FROM: Susan B. Edwards`
t Mining Program Secretary
Land Quality Section
WAYNE MCDEVITT
,er."i ETA
SUBJECT:r SUBJECT: Mining Permit Modification Request for Oglebay Norton Specialty
;. Minerals
Moss Neisler Mine - Permit No. 23-03
`:= Cleveland County
$ �GHARLES,H.GARDNER',t
yy P.G..,,'P.E.jDIRECTOR 7'�
AND STATE GEcl.oclsrn Please find attached for your review a copy of the mining permit modification
request for the above referenced project.
Y
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 October 27, 2000 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
I 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 Wehner at [phone] if you have any
... questions.
/SBE
- Attachments
"
., cc: Mr. Doug Miller
;,•'fr I' X+Vr W.�,�. .wtrd2; LAND QUALITY SECTION [phone] FAX[phone]
GEOLOGICAL SURVEY SECTION (9191 733-2423 FAX [phone]
P.O.©Oh 27E37, RALEIGH,NORTH CAROLINA 2761 1-7687 TELEPHONE[phone] FAX [phone]
.• _ .. >^ AN EQUAL OPCOR`.UN ITY I AFFI R MATIVE ACTIO`I EMPLOYER-50% RECYCLEC/%0% POST-CONSUMER PAPER

NORTH CAROLINA DEPARTMENT OF
1
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
October 5, 2000
�CDENRt SFr MEMORANDUM
TO: Mr. Nat Wilson(
?r'�JAMES B.HUNT:1R.f. Hydrogeoiogy Group
.GOVERNOR_ Division of Water Resources
1 . ,. FROM: Susan B. Edwards
Orr Mining Program Secretary
yWAY' J.. T- Land Quality Section
y1SECRZTARY,
y SUBJECT: Mining Permit Modification Request for Oglebay Norton Specialty
/ r Minerals
,,•f "`s Moss Neisler Mine - Permit No. 23-03
�!4" Cleveland County
CHARLCS`H.GARDN ERi'�
°IF `° ;: Please find attached for your review a copy of the mining permit modification
AND STATE GEOLOGIST%1'•
* � request for the above referenced project.
r Please review this information and advise as to the probability of this operation
k having an unduly adverse effect on potable groundwater supplies (G.S. 74-51 (2)) or
' groundwater quality (G.S. 74-51(3)). Please respond by October 27, 2000 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
t �'~ 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.
ISBE
Attachments
cc. Mr. Doug Miller
4 Y �
� r<.
``r1 vi• •'i -at!�' � LAND QUALITY SECTION [phone] FAX[phone]
GEOLOGICAL SURVEY SECTION 491 9)733.2423 FAX[phone]Q0
•t1.r. K r•'. �F
P.O. BOX 27687, RALEIOH, NORTH CAROLINA 2761 1-7687 TELEPHONE[phone] FAX[phone].
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECYCLEOf10% POST-CONSUMER PAPER

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
MP
'it
_ October 51 2000
PlW t MEMORANDUM
v TO: Mr. Phillip McKnelly, Director
1 59 e•" '" Division of Parks and Recreation
GOVB OR q�/
FROM: Susan B. EdwardF;Mining Program Secretary
Land Quality Section
9Z MC
wAebmbvin SUBJECT: Mining Permit Modification Request for Oglebay Norton Specialty
s EERJ Minerals
.ART Moss Neisler Mine - Permit No. 23-03
I Cleveland County
PAf' S AREN
e F.E.DIRECI firs Please find attached for your review a copy of the first three pages of the
AUN .ST4RA °o S,p s^.
A_".-F¢TE Ge mining permit application and a location map for the above referenced project.
r Please review this information and advise as to the probability of this operation
having a significantly adverse effect on the purposes of a publicly owned park, forest
or recreation area (G.S. 74-51 (5)). Please respond by October 27, 2000 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
I control measures to ensure that they are sufficient to restrain erosion and off-site
sedimentation. However, my 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 in the review of these type requests is greatly
appreciated. Please contact Ms. Judy Wehner at [phone] if you have any
'T-•�� `' questions.
".rr
Attachments
s cc: Mr. Doug Miller
r
��i�R9,4ry7 LAND QUALITY SttTeN (91D173J4574 FAX [phone]
(�f'r GeaImICA1.SURVEY SECTION 19191733Y939 FAX[phone]
A, "V. LM�PV� P O.Sax 27887P RALe cN.NORTH CAROL NA 27611 7607 TELEPNONE 19191733 3333 -FAX 191917I S II
AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EAPLOrEN-50% RECVCLE0l10% HOST-CONSUMER PARER

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL REsou ROES
October 5, 200VISION OF LAND RESOURCES
MEMORANDUM VV
N MENR .
o_ TO: Kevin Moody
Application Review Coordinator
_AME'B."VMTJR U.S. Fish and Wildlife Service
6JV SENOR
rt
" FROM: Susan B. Edwards .
I Mining Program Secretary - Land Quality Section
w CRETARDE1/IT. SUBJECT: Mining Permit Modification Request for O leba Norton Specialty
s�6'e:A9., : g 9 8 Y P Y
Minerals
Moss Neisler Mine- Permit No. 23-03
Cleveland County
cN n ROCTOlven:
' gi;ee^owE�E09 '� Please find attached for your review a copy of the mining permit modification
G.
STATE G'eE'.«Is
request for the above referenced project.
iN A...
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 Octoher 27, 2000 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
a
wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to
L 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
- "=t= COMMENTS TO THIS OFFICE.
Your continued cooperation in the review of these type requests is greatly
appreciated. Please contact Ms. Judy Wehner at [phone] if you have any
t` questions.
ISBE
Attachments
cc: Mr. Doug Miller
ice^
1J f Jk Y LCNDpWLTY5ECT1ON (919)7394974 FAX[phone]
N�Y GEOLOGICAL SURVEY SECTION (919)733.1 2423 FPX 19191133-0900
P.O. BOX Z7687, AILY101, NONTNCwNOu TELEPHONE[phone] FT PAPER
AN EOVALOPPOniVnlTY/TFnennnIVe A1101 EMPLOYER. 50% nECYCI.CO/10% pOau-CONSU POST-CONSUMER

e
SEE ENDORSEMENT AREA Ott BACK FOR US LATENT 5539290:5575508:56C1193
e

OgIe!Morion$peceIlly Minerals • lt. /1f1
PO. box
unt
ta695.a34-3roontl Ave. ` 1\Uyr4• u
Nings Mmutlelo. MC un2006E
S of ClrvP l]v It IN EFPLS TEL a00-000d550
fA%]M439.]000 �t
wwsv.oglenayno,toncom
September 29, 2000
J
Charles Gardner
Director
Land Quality Section
Division of Land Resources
North Carolina Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Subject: Modification of Mining Permit
Oglebay Norton Specialty Minerals
Moss-Neisler Mime, Permit No. 23-03
Cleveland County
Dear Mr. Gardner:
Oglebay Norton Specialty Minerals request modification to our mine permit, number 23-
03 in Cleveland County to add additional acreage to the permitted area. 544f19racre
parcel—McIntosh addition,_which.is contiguous.taandadjoinsour-Moss.prriperty_has?
been.penliased_from the-Pearle.Mclntosh.est te.and-we-have also.corninitted to lease-a7
1.03-acre-parcel, Landstiv addit o�n, from the Neisler Brothers, Inc. which is contiguous to
"- - -- -- -
and adlorns the Archdale mine on the eastern most comer. The back side of the McIntosh
parcel which adjoins the Moss property is in close proximity to our crusher/screening
operation and a 2 acre portion will'be utilizedfor stockpiling ore-with-thebalance
Lundi"furbed-Tare entire 1.03-acre A chdale_pareel-within-the-inside-boundary of tH'e
buffer.zone-will-be excavated to recover the resdutce and subsequently.convertedto a'
wast` e_stbTage-Eca.Tian to both parcels we delineated on.the accompanying mine
`maps.
Notification to adjoining land owners and county official is being made simultaneously
with this request by certified mail and copies of such is enclosed along with a map of the
adjoining property owners. An updated Land Entry Agreement is enclosed.
The additional acreage will be managed and reclaimed as defined in the existing
reclamation plan. The acreage will not affect the reclamation of other areas!Sediinent7
hand erosion control will be incorporated-into the overall-existing management plan and
,mward_drainage,will.beinaintined7
Page l

A revised Mine Reclamation Bond Calculation Sheet is enclosed for the three additional
acres and will be covered under the current $500,000.00 blanket bond. Updated mine
maps and a mining permit application are enclosed for the departments review.
Thank you for your departments professional assistance and please contact myself or Jim
Spigner at [phone] if any clarification or additional information is needed.
Highest Regards,
Dave Williamson
Plant Manager, ONSM
CC: Kenneth Pavlich, ONSM
Page 2

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine Moss-Neisler County Cleveland
2. Name of Applicant* Oglebay Norton Specialty Minerals
3. Permanent address for receipt of official mail** P.O. Box 729
Kings Mountain, NC 28086
Telephone [phone]
4. Mine Office Address Mailing: P.O. Box 729, Kings Mountain, NC 28086
Physical: 1469 South Battleground Avenue, Kings Mountain, NC 28086
Telephone [phone]
5. Mine Manager David Williamson
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 oCTZ W Date SEp7E,,A6-&, Z 9�) Z ovv
Print Name David Williamson
Title tPlant 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.

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):
Of this acreage, how much is owned and how much is leased? Acres owned: 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.: 23-03 Total permitted acreage: 748
Does the modification involve acreage within the previously approved permitted boundary'?
Yes_ No X . If yes, indicate the acreage to be covered by this modification (this is the acreage
that the "major modification" fee will be based upon):
Does the modification involve acreage outside the previously approved permitted boundary'?
Yes X No . If yes, indicate the additional acreage to be covered by this
modification: 5.22 (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 X 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): 3
d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number
and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total
permitted acreage:
■ 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
All Information on record with previous application.
2. Indicate the approximate longitude and latitude, in degrees-minutes-seconds, of the center of the mine
site: LONGITUDE (dd-min-ss): 35 -- 11 -- 30 Quadrangle: Grover
LATITUDE (dd-mm-ss): 81 -- 24 -- 30 River Basin: Broad River
3. Name of all materials mined: mica feldspar, quartz, clay
-2-

o •
APPLICATION FOR A MINING PERMIT
4. Mining method: Hydraulic Dredge Front-end Loader & Truck x Shovel & Truck x
Dragline & Truck Self-loading Scraper x Other (explain) back-hoe
5. a. Expected maximum depth of mine (feet) 40 (Landstar additon) Reference elevation: 975
b. Expected average depth of mine (feet) 40
6. Has any area(s) at this site been mined in the past'? Yes No x If no, proceed to Question 7.
a. Acreage of previously affected land(s) at present site that has not been reclaimed:
acres (identify all areas on your mine map(s)).
b. When and by whom was this activity conducted?
c. Acreage of previously affected land at present site that has been reclaimed: acres
(identify all areas on your mine map(s)).
d. When and by whom was this activity conducted'?
e. Do you wish to exclude any areas noted in 6a or c from this permit application'?
Yes No . If yes, how much'? acres (identify all areas on your mine map(s)).
7. Present (pre-mining) use of the land (estimate acreage for each):
Cropland acres Pasture acres Forestry acres Fish/Wildlife acres
Recreation acres Other 3 acres (Specify use: woodland )
8. Proposed land use after mining and reclamation has been completed (estimate acreage for each):
Cropland acres Pasture acres Forestry acres Fish/Wildlife acres
Recreation acres Other 3 acres (Specify use: woodland )
9. Number of years for which the permit is requested (10 years maximum): 10
B. MAPS
1. Four (4) copies of the county highway maps and four (4) copies of all mine maps and, reclamation
maps shall be submitted with each permit application.
County highway maps may be obtained from:
Location Department
State Highway Commission
Raleigh, North Carolina 27602
[phone]
Clearly label and mark the location of your mining operation on the county highway maps.
-3-

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 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.
m. Location and dimensions of all proposed sediment and erosion control measures.
n. Location of 100 year floodplain limits and wetland boundaries.
o. Names of owners of record, both public and private, of all adjoining land.
p. Map legend:
1. Name of applicant
2. Name of mine
3. North arrow
4. County
5. Scale
6. Symbols used and corresponding names
7. Date prepared and revised
S. Name and title of person preparing map
Map scales must, at a minimum, meet the following guidelines:
PERMITTED ACREAGE MAP SCALE
0-99 Acres 1 inch = 50 feet
100-499 Acres 1 inch = 100 feet
500+ Acres 1 inch = 200 feet
-4-

O
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 oft the mining operation that is proposed to be affected/disturbed during the life of the mining
permit. A table/chart similar to the following will be acceptable:
CATEGORY AFFECTED ACREAGE
Tailings/Sediment Ponds
Stockpiles 2
wastepiles 1
Processing Area/Haul Roads
Mine Excavation 1
Other
NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-
SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING
QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED
QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE
CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY
ADDRESSED ON THE MINE MAPS.
-5-

• •
APPLICATION FOR A MINING PERMIT
C. PROTECTION OF NATURAL RESOURCES Information on record in previous application and
will operate under existing permits.
1. a. Will the operation involve 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 fresh or waste water from the mine or plant'?
Yes No . If yes, briefly describe the nature of the discharge and locate all
proposed discharge points (along with their method of stabilization) on your mine map(s).
c. Will any 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 No . If yes, what
impact, if any, will mine dewatering have on neighboring wells? Locate all existing wells on the
mine rnap(s) that lie within 500 feet of the proposed excavation area. Provide data to support any
conclusions or statements made. Indicate whether the proposed mine locale is served by a public
waxer system or private wells.
d. If the mine will extend below the water table, what is the pre-mining depth (in feet) to the seasonal
high and low ground water tables? High ft. Low ft. What is the source of this
information?
e. If you answered yes to any of the above questions, provide evidence that you have applied for or
obtained the appropriate water quality permit(s) (i.e., non-discharge, NPDES, etc.) from the
Division of Water Quality, Water Quality Section.
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0 0
APPLICATION FOR A MINING PERMIT
2. a. Will the operation involve crushing or any other air contaminant emissions'?
Yes No . If yes, indicate evidence that you have applied for or obtained an air quality
permit issued by the Division of Air Quality or local governing body.
b. How will dust from stockpiles, haul roads, etc., be controlled?
3. Describe in detail the chronological sequence of land disturbing activities and reference the sequence
to the mine map(s). Attach additional sheets as needed.
4. Describe specific erosion control measures to be installed prior to land disturbing activities and during
mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for
mine excavation(.~), 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.
-7-

APPLICATION FOR A MINING PERMIT
5. a. How wide a buffer will be maintained between any mining activity and any adjoining permit
boundary or right-of-way? Buffers must be located within the permit boundaries. Buffers along
permit boundaries must be, at a minimum, unexcavated buffers. Show all buffer locations and
widths on the mine map(s).
b. How wide a buffer will be maintained between any land disturbing activities within the permit
boundaries and any natural watercourses and wetlands? Buffers along natural watercourses and
wetlands must be undisturbed. Show all buffer locations and widths on the mine n7ap(s).
6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries
during mining.
b. 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 avcavation.
-8-

o a
APPLICATION FOR A MINING PERMIT
c. Describe what kind of barricade will be used to prevent inadvertent public access along; any high
wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and
adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-
section and location of each type of barricade to be used must be indicated on the mine map(r).
d. 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.
e. 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).
f. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross-
sections of the mine excavation clearly noting the angles of the cut slopes, ividths of all safety
benches and mine benches, and the expected maximum depth of the excavation.
7. Are acid producing minerals or soils present'? Yes No How will acid water pollution
from the excavation, stockpiles and waste areas be controlled'?
-9-

O
APPLICATION FOR A MINING PERMIT
8. 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 mop(s) and provide cross-sections
through all proposed berms or proposed spacings, sizes and species for tree plantings.
9. Will explosives be used? Yes No 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. 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.
10. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes No If yes,
describe these materials, how they will be stored and method of containment in case of spill. Indicate
the location(s) of all storage facilities on the mine map(s).
11. Are any processing waste, overburden or other such mine wastes to be disposed of off-site`?
Yes No . If yes, describe in detail what these wastes are and how they will be disposed.
Attach a separate site maps) showing the location(s) of the disposal area(s). Include all specifications
for erosion and sediment control.
_10-

o
APPLICATION FOR A MINING PERMIT
D. RECLAMATION PLAN Information on record in previous application and will operate under
existing permits.
1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and
indicate the general methods to be used in reclaiming this land. This information must be illustrated
on a reclamation map and must correspond directly with the information provided on the mine map(s).
2. a. 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-sections) through the proposed body(s) of water. The minimum
average water depth must be at least 4 feet unless information is provided to indicate that a more
shallow water body will be productive and beneficial at this site. Will the body(s) of water be
stocked with fish? Yes No if yes, specify species.
b. Describe provisions for prevention of noxious, odious or foul water collecting or remaining in
mined areas. Provide details and locations of any permanent water outlets on the reclamation
map.

APPLICATION FOR A MINING PERMIT
3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock
including what kind of permanent barricade will be left. . Construction details and locations of all
permanent barricades must be shown on the reclamation map.
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.
5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways.
b. Will any on-site roadways be left as part of the reclamation'? Yes No If yes, identify
such roadways on the reclamation map and provide details on permanent ditch line .stabilization.
-12-

APPLICATION FOR A MINING PERMIT
6. Describe the method of reclamation of settling ponds and/or sediment control basins.
7. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables,
or other such waste products of mining. (Note definition of refuse 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.
8. Indicate the method of restoration or establishment of any permanent drainage channels to a condition
minimizing erosion, siltation and other pollution. Provide design information, including typical
cross-sections, of any permanent channels to be constructed as part of the reclamation plan. Indicate
the locations) of all permanent channels on the reclamation map.
9. Provide a schedule of reclamation that indicates the sequence of reclamation and approximate time
frame. If reclamation is to be accomplished concurrently with mining, then clearly indicate on the
mine maps) and reclamation map each segment that is to be mined and reclaimed during each year
of the permit. Add drawings showing typical cross-sections and final features of the proposed
reclamation.
-13-

• •
APPLICATION FOR A MINING PERMIT
10. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must
include recommendations for year-round seeding, including the time of seeding and the amount and
type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding;
instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation
utilizing only tree plantings is not acceptable. NOTE: The Revegetation Plan must be approved
and signed by one of the following:
a. Authorized representatives of the local Soil and Water Conservation District;
b. Authorized representatives of the Division of Forest Resources, Department of Environment 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. 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:
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
-14-

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 (bas(-,,d 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 the approximate acreage, for each aspect of the mining operation, that you intend to a 'ect
during the life of this mining uennit (in addition, please insert the appropriate reclamation cost/acre or each
category from the Schedule of Reclamation Costs provided with this application form):
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE COST
Tailings/Sediment Ponds Ac. X $ lAc. _ $
Stockpiles 2 Ac. X $ 1800 IAc. _ $ 3600
Wastepiles 1 Ac. X $ 2000 IAc. = $ 2000
Processing Area/Haul Roads Ac. X $ IAc. _ $
Mine Excavation Ac. X $ IAc. _ $
Other Ac. X $ IAc. _ $
TOTAL AFFECTED AC.: 3 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, measures will be
needed to prevent offsite sediment.
a) Internal Drainage 3 Ac.
b) Positive Drainage Ac. X $1500 / Ac. _ $
SUBTOTAL COST: $ 5600
Inflation Factor:
0.02 X SUBTOTAL COST: $ 5600 X Permit Life (1 to 10 years): 4
INFLATION COST: $ 448
TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 6048
TOTAL RECLAMATION BOND COST: _ $ 500, 000 ACurrent Blanket Bond)
(round down to the nearest $100 . 00)
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o •
APPLICATION FOR A MINING PERMIT
F. NOTIFICATION OF ADJOINING LANDOWNERS
The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered
mail to all landowners who are adjoining (contiguous to) the permit boundaries as indicated on the mine
map(s). The only exception to the above is if another means of notice is approved in advance by the
Director, Division of Land Resources.
A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed
"Notice" form (the proposed overall permit boundaries and the names and locations of all owners of
record of land adjoining said boundaries must be clearly denoted on the tax map).
The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to
the Department, with the remainder of the completed application form, before the application will be
considered complete.
NOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING
PERMITS AND FOR PERMIT MODIFICATIONS THAT ADD ADJACENT LAND TO A
MINING PERMIT.
■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF
NOTIFICATION"
-16-

o •
APPLICATION FOR A MINING PERMIT
AFFIDAVIT OF NOTIFICATION
11 David Williamson , an applicant, or an agent, or employee of an applicant, for a new
Mining Permit, or a modification of an existing Mining Permit that adds adjacent land to the Mining Permit, from
the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the
following are known owners of record, both private and public, of the land adjoining the proposed mining permit
boundaries 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 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 the proposed mining site 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:
e/ \
apPo tif}I (Chief Administrative Officer Name) (Address)
v Lane Alexander, Cleveland County Manager P.O. 1210 Shelby, NC 28150
The above attestation was made by me while under oath to provide proof satislactory to the Department that
a reasonable effort has been made to notify the owners of record of the adjoining land and the chief administrative
officer of the county or municipality in compliance with N.C.G.S. 74-50 and 15A N.C.A.C. 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.
SE PrEM gER z 9, loco &.4 W L�'J,,.sauQyr,�.a�,.
Date Signature of Applicant
If person executing Affidavit is an agent or employee of an applicant, provide the following
information: (Name of applicant) Oglebay Norton Specialty Minerals ; (title of person
executing Affidavit) David Williamson
1, (QpChLAAe, . r11et , a Notary Public of the County of Oeve-1a_md ,
State of North Carolina, do hereby certify that I IQVI d M, fA)i J 1't cLnl.5or1
personally 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 e29 of ]] o , waPCO.
i OR�A/I/10 UrMD�
Notary
My Commission expires: gdOD5
-18-

0
Adjoining; Land Owners
McIntosh Additicl`n=lruby Smith
1608 I ethichem Road N r 2D
Kings Mountain, NC 28086
< I:iiincll 1 nc.
P.O. Box 367
Kings Mountain, NC 28086
Landstar Additioi L.andstar Properties LLC
Little River, SC 29566
13lri1e11 I Il[;.
1'.()�13ox 367
Kings Nliauntain, NC 28086
Mackie Charles and LUIra Clayton
407,Williamson Road
Shelby, NC 28150
�Barry Dewitt Stroul)e etc Barabara
104`Arrowood Drive
Kings Mountain, NC 28086
�L3aron Wallace Stroupe wl Gina
1407-Williamson Road
Sllelby, NC _28150

Z 466 749 132 Z 466 749 133
US Postal Service US Postal Service
Receipt for Certified Mail Receipt for Certified Mail
No insurance Coverage Provided. No insurance Coverage Provided.
Do not use for 4ntemational Mail(See reverse Do not use for Inlemational Mai! See reverse
Sent to
Bt to arry Dewitt Stroup Jackie Charles & Zolia C1 ytor
Street&Number s`�e$'6Y"rilliamson Road
104 Arrowood Drive PWeritya,tcAFG e150
Post office,State,&ZIP Code
�Kinsn. NG 2808fiPostage $ .33
P $ .3 3
Certified Fee 1 .40
Certified Fee 1.40
Special Delivery Fee Special Delivery Fee
Restricted Delivery Fee Lo Restricted Dehvery Fee
Return Receipt Showing to
rn Return Receipt Showing to
rn Whom&Date Delivered
Whom&Date Delivered
AcluQ Return Receipt Showing to Whom, 1 .25 Q Dale,&Addressee s Add ess Receipt Showing to Wham, 1 .25
Date,&Addressees Address Date.
O
0 TOTAL Postage&Fees $ 2.98
00 TOTAL Postage&Fees $ 2.98 co postmark or pate
c7 Postmark or Date E
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Z 466 749 130 Z 466 749 131
US Postal Service US Postal Service
Receipt for Certified Mail Receipt for Certified Mail
No Insurance Coverage Provided, No Insurance Coverage Provided.
Do not use for Inlemational Mail(See reverse) Do not use for Intemational Mail(See reverse)
Sent to Lane Alexander batron Wallace Stroupe
Str et&Number Street&Number
PO Box 1210 �d S1�t400ft�7c Williamson Road
Aelb'y>,ateNClP2ti151 Pnefi ytase, 1PVl50
Postage $ .33 Postage $ . 33
Certified Fee 1.40 Certified Fee 1 .40
Special Delivery Fee Special Delivery Fee
Restricted Delivery Fee Restricted Delivery Fee
in
c') Return Receipt Showing to rn Return Receipt Showing to
Whom&Date Delivered — Whom&Date Delivered
Return Receipt Stowing to Whom, 1. 25 a Return Receipt Showing 10 Whom, 1.25
Q Date,&Addressee's Address ¢ Date,&Addressee's Address
WTOTAL Postage&Fees $ 2.98 0 TOTAL Postage&Fees s 2. 98
M Postmark or Date M Postmark or Date
E E
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LL LL
to rn
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Z 273 456 26Cal -
Receipt for Z 466 749 135
Certified Mail US Postal Sanme
No Insurance Coverage Provided Receipt for Certified Mail
.�IQVX: Do not use for International Mail No Insurance Coverage Provided.
(See Reverse) Do not use for International Mail See reverse)
$' affiun its
ch Inc. nandstar Properties LLC
u s�PO Box 367 eblagOxr8
f PC.snu a nn zip cod, Fttw 51 611P GoEe
d • Kings Mtn. NC 28086 a Cle'mltrver, SC 29566
to,
Pa.�s„ assets S .33
S .33 a
B
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„,ror. Donald Fee 1 . 40
od� lawem Carl rm.
Swdm Dmierr Fla
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Reduced!Derery Fee
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+,a our Or hym,'n Whom 6 Dome Norma
x�n ".s nioW 1.25 Ilemm P«ebl5rur.+quVrtml. 1.25
< DN,B Mdm ol,val
s Fop:ro.1P < S 2. 98 m TOTAL Paul a Flea S 2.98
Poslmal P, Data W FM Aornate
E
m
a
Z 466 749 134 Z 466 748 369
US Postal Service US Postal Servies
Receipt for Certified Mail Receipt for Certified Mail +
No Insurance Coverage Provided, No Insurance coverage Provided.
Do not use lot International Mail(see reverse) Do not use for International Mall See reverse)
Sol to Sam to
Hunch Inc. Ruby Smith
s PO8"Fair
367 slmf%�lee thlehem Road
Poll Dlliw.Sme a ZIP code Pard Kings
Dl M a ZIP Cade
Kings Mtn. NC 28086 Kings Mtn. NC 28086
Potters $ .33 Poslaso $ .33
ceded Fee 1 .40 Contra Fee 1 .40
$Penal omnem Fee sPedN der Try Fad
Premstral Doll Fee Reetd dart Delivery Fee
or Pel
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Whom a Date Delivered � Wadma Date Delivered
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Dare,I.tedmed'd ream '
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€ Pczll or Dam € Posonen or used
0
-- - -- -- ---- --- ---
n a

f
3
/ 2 /
4 McIntosh
\ Addition
l>\ Oglebay Norton
Oglebay Norton
� 6 9
5
LOndstar 2) Bu Same ass p1P Above
367 Kings MN NC 28D86
Addition 3) Same as W Above
4) Ruby Smith: 1608 Bethlehem Rd Kings Mtn NC 28085
5) Same as /1 Above
Ogleboy Norton 6) Jaclue Charles k 2olia Clayton: 1407 Williamson Rd Shelby NC 28150
\ 11 Above
8) Same as it Straw
8) Barry Dewitt Strwpe k Barbara:104 Arrowootl or Kings Mtn NC 26086
11 j 9) Baron Wallace Strwpe w/ Ono; 1407 Williamson Rd Shelby NC 23150
10) Lantletor Properties LLC+ PO Box 8 Little River SC 29566
10 \ 11) Landetor Propertles LLC: Same as d10 Above
/\\ 12) Landctar Properties LLCt Same as M10 Above
NUTIC
else viorma
r..e s.rm.see

• •
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 m take whatever actions as may be reasonably necessary in order
to cairy out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered
pursuant to G.S. 74-59.
LANDOWNER: � p � APPLICANT
p
Signature . Jbt%tq . w Signature * ebY2w-I . w
Oglebay Norton Specialty Minerals Oglebay Norton Specialty Minerals
Print Name: David M. Williamson Print Name: David M. Williamson
Address: P.O. Box 729 Title: Plant Manager
Kings Mountain. NC 28086 Company: Oglebay Norton Specialty Minerals
Telephone: [phone] Mine Name: Moss-Neisler
*Signature must be the same as the individual who signed Page 1 of this application.
Four (41 copies of the completed application. four (4) copies of all mine maps and reclamation maps, and
the appropriate processing fee (see next page for fee schedule) in the form a check or money order payable
to the North Carolina Department of Environment and Natural Resources must be sent to the Land
Ouality Section Central Office at the address listed on the front cover of this application form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at
[phone].

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of' 1971 , Notice is herchy given dial
--Ot;lebay Norton Specialty Minerals has applied oli 9/29/00
(Applicant Name) (Date)
to the Land Qliahty SCCtioll, Division of Land RCSUllrces, North Cirolina Department of l3Ilvlrmillicut
and Natural Resources, 1). O. Box 27687, Raleigh, North Carolina 27611 , for (check one):
(a) a new su1'face milling peri111t ❑
(b) a modification to add adjacent land to an existing surface milling Ilernlit
The applicant proposes to aline mica, feldspar, quartz, clay . ...._ on 5 acres located
(Mineral, Ore) (Number)
2.5 southwest of' Kings I QUIItairl
(Miles) (Direction) (Nearest Town)
off7ncar road NC 1-Iwy 29 in Cleveland County
(Road Number/Name) (Name of County)
*SE'E ATTACHED MA1' FOR PROPOSED PERN11T BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50, the aline operator is reduil•ed to slake a reasonable effort to notify all
owners of r•Ccord of farld MIJOillillg (COlitiguolls) to the proposed mine site (permit boundaries), and to notify the
Chief adlll ill islrative offlceI' of the Collilty or lllllrlicipallty Ill which the site IS located. Any person may file written
comment(s) to the Dcpartment at the above Address within thirty (30) days of the issuance of this Notice or the
filing of the application for a Kermit, whichever is later. Slloufd the Department determine that a significant
JAIMIC interest cxisls 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 tin file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further inf01r111,16on
call [phone]. Please Mote that (lie Dctlil.rtmcilt Will consider arl -ieleyant_Written coililiiciitS/docuilleiitatioil
withiIl the provisions of tllc Mining Act of 1971 throughout the a 7 Ilcati011 1'CVICw I'oCCSS until a fillip decision
Is blade oil flie-applicatioll.
Lane Alexander
P. 0. Box 1210
Shelby, N.C. 281.50
(Addressee's Namc and Address)
9/29/00
(Date of Issuance of this Notice/Mailed to Addressee)
0glebay Norton Specialty Minerals
(Nance of Applicant)
P.O. Box 729 Kings Mountain, NC 28086
(Address of' Applicant)
-17-

436
F14
O�, KC1V4$L06 E�rJL '�p LD,�r�'
9/z9�oo . .
�,f L...Lcp of G<.af✓ P� '/1'fJ, a�,

\ ` \ 3 1
j a McIntosh
Addition i
\` Oglebay Norton
/ Oglebcy Norton
\ 5
1) Bunch Inc: PO Box 357 Kings Mtn NC 28056
Londstor x) sam. as p Above
Addition 3) Some asp Above
4) Ruby Smith: 1808 Bethlehem Rd Kings Mtn NC 28086
5) Some as p Above
Oglebay Norton \ 6) Jackie ChaNes x 2ogo Clayton: 1407 Williamson Rd Sherry NC 28150
i2 ]) Same as p Above
8) Barry Dewitt Stroupe h Barbara:104 A"weod or Kings Mtn NC 26086
9) Baran Wallace Streupe w/ Gino: 1407 Willlamaen Rd Shelby NC 28150
11 10) Landatar Praparties LLC: PO Box 8 Liltla River SC 29566
t0\ 11) Landatar Proloil lea LLC: Some as #10 shows
12) Landstor Groperties LLC: Same as #10 Above
asrass
m sum

NOTICE
Pursuant to provisions G.S. 74-50 of The Milling Act of 1971 , Notice is hereby given that
O ley Norton Specialty Minerals has applied on 9/29/00
(Applicant Nance) (Date)
to the Land Quality Section, Division of LAnd Resources, North Carolina Department of fnvironlnent
and Natural Resources, 11. C). Box 27687, Raleigh, North Carolina 27611 . for (check one):
(a) it new surface Irlilling pernrit ❑
(b) a modification to add adjacent land to an existing surface mining permit 0
'['lie applicant proposes to mine _mica, Iclds rl rr, quartz, clay cn 1 acres located
(Mineral, Ore) (Number)
2.5 southwest of Kings Mountain
(Miles) (Direction) (Nearest Town)
off/rrcar road _ NC Hwy 29 ill Cleveland County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAI' FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accol-dance with G.S. 74-50, the Irvine operator is required to make a reasonable effort to notify all
owners of-record of land ad.joirring (contiguous) to the proposed mine site (permit boundaries), and to notify the
chief administrativc officer of' the county or municipality in which the site is located. Any person may file written
comments) to the Department at the above address within thirty (30) days of the Issuance of this Notice or the
fifirrg of the application for a pernrit, whichever is later. Should the Department determine that a significant
public interest exists relative to G.S. 74-51 , a public hearing will he held within 60 days of the end of tlrc 30-day
comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further Information
call [phone]. Please note that the De )artment will consider any relevant written collrnlcnts/docuiiicrrtatiolr
within tyre provisions of the Miming Act of' 1971 throughout the application rcyiew process until'a final decision
is made on the aimlication.
Baron Wallace 5tronpe w/Gina
1407 Williamson Road
Shelby, N.C. 28150
(Addressee's Nance and Address)
9/29/00
(Date of Issuance of this Notice/Mailed to Addressee)
O I�yNot-ton Specialty Minerals
(Nance of Applicant)
P.O. Box 729 Kings Mountain,._NC 28086
(Address of Applicant)
-17-

McIntosh / „six W,
Addition
1
Oglebcy Norton
� pglebcy Norton
6
5
Landstar 1) Bunch
Inc: seem Box 367 Kings Mtn NC 25086
nch y1 e
Addition 3) Same as #1 Above
<) Ruby Smith: 1608 Bethlehem Rd Kings Mtn NC 28086
5) Same as p1 Above
Oglebay Norton \ 6) Jackie Charles h Zolic Clayton: 1AO7 Wlliimson Rd Shelby NC 28150
\
n Same as p1 Above 12 _ 8) Barry Dewitt Stroupe k Bartarc:l0 Arrowood Or Kings Mtn NC 260M
9) Baron Wallace Stroupe w/ Gao: 1407 Wllbmsen Rd Shelby NC 28150
tt 10) Landstar Properties LLC: PO Box 8 Little River SC 29566
to 11) Landstar Propel LLC: Some as t10 Above
12) Landstar Properties LLC: Same as #10 Above
sa am I
ms m

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971 , Notice is Hereby given that
O gleba Nortotl Slccialty Minerals has applied on 9/29/00
(Applicant Name) (Dale)
to the Land Quality Section, Division of Land Resources, North Carolina Departillent of Environment
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 2761 1 , for (check one):
(a) a new surface Alining permit ❑
(b) a Illodification to add adjacent land to all existing surface mining pCr-illit El
The applicant proposes to mine mica, feldspar, qual't7, Clay OH 1 acres located
(Mineral, Ore) (NUin )er')
2.5 southwest of Kiiiiys Mountain
(Miles) (Direction) (Nearest 'Town)
of'17near road NC Hwy 29 in Cleveland County
(Road Number/Name) (Naive of County)
*SEE ATTACHED AIAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50, the mine operator is required to slake a reasonable effilrt to notify all
owners of' record of, land ad'joirling (contiguous) to the proposed mine site (permit boundaries), and to notify the
chief administrative officer of the county or municipality in which the site is located. Any person may file written
conllnent(s) to the Department at the above address within Illlrty (30) clays of the issuance of this Notice or the
filing of (lie 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-clay
comment period specified above.
A copy of the perinit application materials are on Idle and available for public I•cview during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call (9t9) 733-4574, Please note that the Qcpartnleil,l will consider any relevant written comments/documetltat1Un
within tale Provisions of the Milling Act of 1971 throughout the application review process until ,t final decision
is made on the application.
Barry Dewitt Stroupe & Barbara
104 Arrowood Drive
Kings Mountain, N.C. 28086
(Addressee's Name and Address)
9/29/00
(Date of Issuance of this Notice/Mailed to Addressee)
O l�,y Norton Specialty Minerals
(Name of Applicant)
P.O. Box 729 Kings Mountain, NC 28086
(Address of Applicant)
-17-

i a ` McIntosh •..
Addition
i
Oclabcy Norton
Y
S
Landstar 1) Bunch Inc: PO Box 569 Kings Mtn NC 28086
2) Same as in Above
Addition a) same as yl Above
e) Ruby Smith: 1608 Bethlehem Rd Kings Mtn NC 28086
5) Same as 9h Above
Ogizboy Norton \ 6) Ackie Charles k 2alm Clayton: 1407 Wlulmsen Rd Shelby NC 28150
\ 12 8) Same ee Above
B) Barry as itb k Harbert:I" Arrorood Or Kings Mtn NC 26086
9) Baron wallace Stroope w/ Gina: 1407 Wllltamson Rd Shelby NC 28150
10\ 11 #1
111) Landstar Properties LLC: Sameoase110dAbover sL 29566
12) Landstar Properties LLC: Some as B10 Above
we

NOTICE
Pursuant to provisions G.S. 74-50 of''I'lie Milling Act of 1971 , Notice is hereby given that
_Ogjebay Norton Specialty Minerals has applied on 9/29/00
(Applican( Name) (Date)
to the Land Quality Section, DiViSlon of Land Resources, North Carolina Department of Envirolinlent
and Natural Resources, 1 . O. Box 27687, Raleigh, North Carolina 27611 , for (Check ogle):
(a) a new sul-face lulling PCI'nllt
(b) a modification to add adjacent land to all existing SLIrIaCC alining I)CII11it
The applicallt proposes to ]nine inica, fcldspai:,quartz, cEay on 1 acres located
(Mineral, Ore) (Number)
2.5 Southwest of Kings Mountain
(Miles) (Direction) (Nearest Town)
off/near road . NC Ilwy 29 in Cleveland County _
(Road Nuniber/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with C.S. 74-50, (lie aline operator is rccluircd to snake a reasonable effort to notify all
owners of record of land adjoining (contiguous) to tie proposed aline site (permit boundaries), all(] to notify the
chief administrative officer of the county or municipality in which the site is located. Any person may file written
comment(s) to the Department at the above address within thirty (30) clays of the issuance of this Notice or the
filing of the application for a permit, whichever is later. Should the Department dclermine that a significant
public interest exists relative to G.S. 74-51, a public bearing 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 110111-S at tIe above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the Department will consider any relevant written comments/docunierlt ition
within the_provisions of the Mininl,Act of 1971 throughout (lie application review process until a fifinal decision
Is made on the application.
Jackie Charles and Zolia Clayton
1407 Williamson Road
Shelby, N.C. 28150
(Addressee's Name and Address)
9/29/00
(Date of Issuance of this Notice/Mailed to Addressee)
O Iebay Norton Specialty Minerals
(Name of Applicant)
P.O. Box 729 Kinys_Mountain, NC 28086
(Address ol' Applicant)
-17-

3 I
/ A 1 McIntosh /
t\ Addition /
//;
Oglebcy Norton
- Oglebcy Noreen _
B _S
6
5
Land star 1 Bunch Same Inc: PO Box 367 Kings MN NC 28085
d1 Above
Addition 3) Same as #1 Above
A) Ruby Smith: 1608 Bethlehem Rd Kings Mtn NC 28085
5) Same as #1 Above
(Dgleboy Norton \ 6) Jackie Chadea & 2olia Clayton: 1e07 wlrameon Rd Shelby NC 28150
12 l) Same as /1 Above
8) Barry Brett SlruNpe & Barbara:1(04 Arrowood Dr Kings Mtn NC 26086
I1 _ 9) Berm WOIIOCe Stroupe wl Gird: 1+07 Williamson Rd Shelby NC 25150
10) Londstm Properties LLC: PO Box 8 Little River SC 29566
10\ 11) Landstor Properties LL0. Some as #10 Above
12) Landstar Properties L-C: Same as B10 Above _
mos
renex
meum

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971 , Notice is hereby given dial
O Ig_ebay Norton Specialty MineIals has applied on 9/29/00
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, Not-Ili Carolina Department of 1311vi slrlinent
and Natural RCSourceS, I'. 0. Box 27687, Raleigh, North Carolina 27611 , for (check one):
(a) a flew surface mining perilllt
(b) a modification to add adjacent land to an existing Surface mining permit EHI
'Tile applicant proposes to Udine _ mica,_( ldsOar, quartz, clay oil 1 ICIVS 10Ca1CLI
(MirlCral, OrC) (Number)
2.5 southwest of Kings NIountain _
(Miles) (Direction) (Nearest "Town)
off/ncar road NC Hwy 29_ _ in Cleveland County
(Road Number/Name) (Name of' Comity)
*SEE M-rACHEI) MAP FOR PROPOSED PERMIT IOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAME'S AND LOCATIONS*
In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all
owners of record of land adjoining (contiguous) to file proposed reline site (permit boundaries), and to notify the
chief administrative officer of the county or lllunicipality in which (lie site is located. Any person may file written
comillent(s) to tale Department at the above address within thirty (30) days of (Ile issuance of (his Notice or the
filing of the application for a permit, whichever is later. Should the Department dcternline that a significant
public interest exists relative to G.S. 711-51, a public hearing will he helLl within 60 clays of the end of the 30-day
comment period specified above.
A copy of (ill permit application materials are on file and available for public review during normal
business hours at the above listed address as well is at the Appropriate rcgional office. For further information
call [phone], Please Mote that the Department will consider any relevant written cornrllerits/docuiuerltatioii
within the provisions of the Milling Act of 1971 throughout the alplication revicw_hroccss until a filial decision
Is Blade oil the application.
Bunch, Inc.
P. o. Box 367
Kings Mountain, N.C. 28086
(Addressee's Name anti Address)
9/29/00
(Date of Issuance of' this Notice/Mailed (o Addressee)
Oglebay Norton Specialty Minerals T
(Name of Applicant)
P.O. Box 729 Kinks Mountain, NC 28086
(Address ol' Applicant)
-1'7-

2 �
McIntosh
Addition /
� . Oalebcr agar on
Oglebay Norton
5
Landstar 1) Bunch Inc: PO Box 567 Kings Mtn NC 28086
2) Same as y1 Above
Addition }) Same go Aa Above
4) Ruby Smith: 1608 Bethlehem Rd Kings Mtn NO 28086
5) Same as #1 Above
Oglebay Norton \ 6) Joekis Charles k Zolia Clayton: 1407 Williamson Rd Shelby NC 28150
y) Same as Mh Above
t2 8) Barry Devitt Straape k Barbara:10a Arraeo0d Or Kings Mtn NC 25086
tl 9) Baron Wallace Stroupe s/ Gina: 1402 W111lamson Rd Shelby NC 281SO
10\ e 8 111) Landstar Properties LLC: Some as #10tAbo SC 2956fi
Above
12) Landstar Properties LLC: Same as p10 Above
—_ wen� urtau
na er

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
Oglebay Norton Specialty Minerals has applied Oil 9/29/00
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Depal-hilent of 13,nvironnlcnt
and NatUral Resources, 11. 0. Box 27687, Raicigh, North Carolina 27611 . fair (check one):
(a) a new surface milling permit
(b) a modification to add ad.laccnt land to an existing surf}ice mining permit 0
The applicant proposes to While mica, feldspar, quartz, clay MI 1_ acres located
(Mineral, Ore) (Number)
2.5 southwest of' Kings Mountain
(Miles) (I)irection) (Nearest Town)
off/near road NC Hwy 29 in Cleveland County
(Roar[ Number/Name) (Name of County)
*SEE ATTACHED MA1' FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all
owners of record of land adjoining (contiguous) to the proposed reline site (Kermit boundaries), and to notify [lie
chief administrative officer of the county of lilt]rlicipaIity in Which the site is located. Any person may file writ(cll
comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the
filing of the application for a permit, whichever is later. Should the Department. determine that a significant
public interest exists relative to G.S. 74-51 , a public hearing will be ]kill within 60 days of the end of the 30-day
comment period specified above.
A copy of (lie permit application materials are oil File and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that (he Department will consider ail}' I'eleyant wrlttetl comments/documentation
widlin (lie provisions lip the Milling Act of' 1971 [hroul?hout the apllzlication review process until a final decision
is made on the am lication.
Landstar Properties LLC
P. 0. Box 8
Little River, S.C. 29566
(Addressee's Name and Address) _... _
9/29/00
(Date of Issuance of this Notice/Mailed to Addressee)
Oglebay Norton Specialty Minerals
(Name of Applicant)
11.0. Box 729 Kings Mountain, NC 28086
(Address of Applicant)
-1.7-

e \ McIntosh 1
., .Addition
/
i
OGleb Ov Norton
/ Ogleboy Norton
8 9
6
5
—1 1) Banc Inc: PO Bon 367 Kings Mtn NC 28086
Condition 2) Same
as gl Above
be
Addition 3) Rome m p 160ve
e) Roby Smith: Above
6eMlehem Re Kings Mtn NC 28086
5) Ra Jackie
m Mt Above
OGI2IJoy NOf iOn \ 6) Jackie Zdia Clayton: 1407 Williamson Rd SM1alby NC 28150
12 J) Same ass #1 KI Above
8) Barry Walla Stirs s h Barbaro;106 AROWOotl Dr Kings Mtn NC 26086
8180
9) Baran Wallace Properties
tew e : Gino: IaOJ ttlle fiver Rd Shelby NC 28150
ll) endstar Properties LLG Some PO aae#10 Above r RC 29566
12) Landctar Properties LLC Some as p10 Above -
em au vo
N..n s.uerr
lu

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971 , Notice is hereby given that
0glebay Norton Specialty Minerals has applied on 9/29/00
(Applicant Mum) (Date)
to the Land Qu=llity Section, Division of Land RCSOLINCS, North Carolina Department of, F"liviromilent
and Natural Resources, P. 0. Rox 27687. Raleigh, North Carolina 2761 1 , for (check one):
(a) a new surf'ICe mining permit
FUI
(b) a modification to add adjacew land to an existing surface alining permit
The a1)plICBIIt I)I'ol)QtiCS to Imr1C mica, feldspar, c{uartz, clay _ on 4 acres located
(Mineral, 01-e) (Nunlher)
2.5 southwest of' Kings Mountaill
(Miles) (Directioll) (Nearest 'Town)
of-Unear road . NC Hwy 29 _ in Cleveland County
(Road Number/Name) (Name of Comity)
*SEE ATTACHE,[) MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES ANI1 LOCATIONS*
In accordance with G.S. 74-50, the mitre operator is required to slake a reasonable effort to notify all
owners of record of land adjoining (configuous) to the proposed mine site (permit boundaries), and to notify the
chief administrative officer of the county or nwnicipaIIty in which the site is located. Any person may file written
comment(s) to (lie Department at the above address within thirty (30) days of the issu,ulcc of this Notice or the
filing of (lie application for a permit, whichever is later. Should the Department detcrrlllrle 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
cor11111ent period specified above.
A copy of (lie permit application materials are on file and available for public review during normal
business (lours at the above listed address as well as at the appropriate regional office. For further info['tllallorl
call [phone]. Please note that the Department will consider any relevant written coilitlleilts/dOCL[Il]CIltation
within the provisions of the Milling Act of 1971 throughout [lie application review process lentil a filial decisioll
is made on the apollCaGon,
Bunch, Inc.
P. 0. Box 367
Kings Mountain, N.C. 28086
(Addressee's Name and Address)
9/29/00
(Date of Issuance of this Notice/Mailed to Addressee)
Qglebay Norton Specialty Minerals
(Name of Applicant)
P.O. Box 729 Kings Mountain, NC 28086
(Address of Applicant)
-17-

s t McIntosh ,d
Addition
' Oalebay Nor-on
Oalebay Norton
8 9 .
5
1) Bunch
Inc; Po D8 367 Kings Mtn NC 286
Landsfar Some
o Ve
Addition 3) Same as #1 Alloys
6) Ruby Smith: 1608 Bethlehem Rd Kings Mtn NC 28086
5) Same all #1 ADOye
Oglebay Nort0❑ 6) Jackie Chalet A: Zolia Clayton: 1{O] Williamson Rd Shelby NC 23150
12 8) Some Oe f11 Straw
) gamy Dewitt Above e h 6arbora:104 Amoweod Dr Kings Mtn NC 26086
11 _ 9) Baron Wallace Stroupe e/ Gina: ISOJ Wllllamean Rd Shelby NC 28150
_ toLandatar Proa"as LLC: PO Box 8 Little River SC 29566
10\ 11) LaNatar Properties LLC Some as VC Move
12) Landatar PraPoties LLC: Some as ,y10 Above
m IMMIX*

NOTICE
Pursuant to provisions C.S. 74-50 of The Mining Act of 1971 . Notice is hereby given that
Oglebay Norton Specialty Minerals has applied on 9/29/00
(Applicant Name) (Date)
10 the Lana! Quallty Section, Division of Land Resources, North Carolina Departrllcilt of lalivirollment
and Natural Resources, 11. O. Box 27687, Rafeigh, North Carolina 2761 1 , for (check one):
(a) a new surface alining permit ❑
(b) a modification to add adjacent laird to an existing sur[flcc alining permit 0
The applicant proposes to mine mica feldspar, quartz, clay on 4 acres located
(Mineral, Ore) (Nurllher)
2.5 Soutllwest of Kings Mountain
(Miles) (Direction) (Nearest Town)
ofl7near road NC Hwy 29 in Cleveland Counter
(Road Number/Naive) (Name of Coun(y)
*SEF� ATTACHED MAP FOR PROPOSED PERiI'IIT BOUNDARIES AND CORIZESPONDING
AllJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with C.S. 74-50, the inine operator is squired to slake a reasonable effort to notify all
owners of record of' land Adjoining (contiguous) to the proposed Mille site (pernlit bonlldaries), and to notify the
chief administrative officer of the county or municipality in which the site is located. Any person may file written
conlment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the
Filing of the application for a permit, whichever is later. Should the Department determine that a significant
public interest exists relative to G.S. 74-51 , a public hearing will be held within 60 days of the end of the 30-day
comment period specified above.
A copy of the pernilt application materials are oil file and available For public review during normal
husirless hours at the above listed address as well as at the appropriate regional office. For further infOrnlation
call [phone]. Please Mote that the Department will consider any relevant written c0minenls/d0cunlentati0n
within_tile provisions of tile Mining Act of 1971 throughout the ain lication review process until a final decision
is illade On the application.
Ruby Smith
1.608 Bethlehem Road
icings Mountain, N.C. 28086
(Addressee's Name and Address)
9/29/00
(Date of Issuance of this Notice/Mailed to Addressee)
Uglebay Norton Specialty Minerals
(Name of Applicant)
P.O. Box 729 Kings Mountain, NC 28086
(Address of Applicant)
-17-

`, ` , J
A McIntosh ). �
+ e
�' 1 Addition
i /
CelBbov Ncrton
/.
/ Oglebcy Nor`on
'..;. _ \
B
9
J
:� 5 •
1) a Inc: PO flax 367 Kings M[n NC 25086
diti 2) samems as n Above
Addition
3) Same as /1 Above
A) Ruby 09 Smith- 1608 BeOlepem Rd Kings Mtn NC 2908fi
5) Jackie
a9 YI Above
Oglzbay iVOr(On \ 6; JackieCharless # pove alia Clayton: 1407 WJlivmaen RE STalpy NC 26150
Same va
12 B) Barry viona stra e h l cina:a 06 Milla0E wl Kings Mtn NC 2fi06fi
_ 9) Baran Wanace rti4a, e . Gina: taOJ Otte
River Rd UeCa9566 NC 88130
11 11) L c to P op rt LLC Poe 8 Little Above
SC 29566 an a r r e iea Box
10 -' 11) Lanaslcr Properties LLC: Same as in Apove
-�- 12) Lonaatar Properties LLC: Sams as j10 Above
MW mWe101

f
,
i
I '
am '� ell
ell I3 `�� -� J �.:
/ n \s,let \� )
�? `� �� `Air
ci
CD ' e -
1
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n
�.. - raifinys 10.0 Acres
emzx uo
el
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cif /l 0. few
1 \ Y-
� Rn9Ef WAE � If
_
dry -nl - Me♦
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EDAt.
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ev it;,�l
ea 0,111
1
le4ENSE U,,e,..n. 6 -%
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let
,
Stockpiled �� raw�y5 Im - Aeree
Excavobcn !- (
IL 7 let
Site � lit '
o 5 av
i
/
/ /
te" let
It
�a m - � - T -nng5 eo ep5 Acre, f
sE M1e ,.� =
JVA s
ww��re � 0S Ile
Pent
i e� new]
a I as truer � , 9 f
Acres
- � , Plant Area 53 Acres 222
i
1 -
.' / uevse "Is, fee f _
e ! - ..
u i� / it
f _ aum 40 l _
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9A6x / t3
.vR Mess 1 14 At a urr —I q / -
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-
T — EXISTING PERMIT NO 23-03
Legend
Pl-UI'' r y' 1, Ine - TM
FFeteUhl Q
_ __
i
OCGLEBP.Y NOF2T(:::> N
[2)
DATE REVISION SPEC/ALTY M/NERALS
1 /19/98 1997 — Reclamation Report (MPT saaa: 1" = lone exorecr rra.
RA" BY
MINING MAPPING n .P.
Let 1 /25/99 1998 — Reclamation Report (MAT) nsre 1 /26 M.P. Tonelis
11 23 99 Transfer of Mining Permit to New Owner (MAT) mlml,eC C C 1 0,.08/21 /00 Permit Modrficohon - McIntosh Property (MS:1' M`JS MINES NO . & NO . 2
11 /30/00 Permit Modlricatlon - McIntosh Property (it suBle"l . pp,�wwa "MUS
s MINING ACTIVITY

Kings
4 nLOr Mountain
Arcndole -
North Carolina
South Carolina
Mcilntosh — -
VicinitV Map
Addition
j
V Ir�
l ,
r
,
f -
1 ) Bunch Inc : PO Box 367 Kings Mtn NC 28086
La n d sta f 2 ) Same as #1 above
Addition 3 ) Same as #1 Above
4) Ruby Smith : 1608 Bethlehem Rd Kings Mtn NC 28086
5) Same as #1 Above
6 ) Jackie Charles & Zolla Clayton : 1 40 7 Williamson Rd Shelby NC 28150
7) Same as #1 Above
8) Barry Dewitt Stroupe & Barbara : 104 Arrowood Dr Kings Mtn \rJC 26086
9 ) Baron Wallace Stroupe w / Gina : 1407 Williamson Rd Shelby NC 2815C
10) Landsta - Properties LLC : PO Box 8 L ttle River SC 29566
11 ) Landstcr Properties LLC : Same as #10 Above
12 ) Landsta - Properties LLC : Some as #10 Above
/ TM
NO. DATE REVISION OG LE BAY NORTON
I ) 09/22/00 Permit Modification — Landowners (MSU) SPEC/ALTY M/NEFLALS
2) IDA
wa: 1" a 200' PxumcT NO.
MINE MAPPING LMa
3) 1: 09 22 00 rwood4 � s:
51 Permit Modification Landownrme: nMINING ACTIVITY 001

Kings
Mountain
Mine Entrance Archdale
Berm - x x Ingress / Egress -
e
/ 11 North Carolina
wot 4W South Carolina
� o
P
Vicinity dap
5
cq 4
P�
l - % _ d'
he
- -
CJ �
O
B :
a
0
o �
i
� ' I
Q: $ediment Basin - -
Is AP
g Berm Constructed In °'^ -
Permanent Diversicn Swale
25 Butfer Glear'mg __ -
tip To R .W -^i ping To And Berm
Accoscda.e Berm
NCDOT R/W Landstar Addition
fe rsta f e
85 _
NCDOT R/W
_ NCDOT Fence
To Remain
LEGEND NO. DATE REVISION OGLE BAV NORTON
1) 1/26/98 1997 — Reclamation Report (MPT) SPEC/AL TY M/NERALS
NC DOT Right of Way
2) 1/26/99 1998 — Reclamation Report (MPT) sr�: I " = 100' PPmecr NO. n�ww e
3) 11/23/99 Transfer of Mining Permit to New Owner (MPT) wre: 1 27 90 M MAPPING M.P. TORehs
Permit Lease Boundary `--"'— r� ,
4) 08/21/00 Permit Modification — Landstar Addition (MSU) ARCADALE MINE - EAST
5) sTe : uesrmac ennmsR
6) MINING ACTIVITY 1 64995001

February 23 , 1998
MEMORANDUM .
TO: Anita Leeaux-Quigless
Attorney. General ' s Office
FROM: Charles Gardner -�
Director, Division of Land Resources
" RE: Franklin Industries 3rd Party Appeal Case --
Moss-Neisler Mine - Mining Permit No . 23-03
Cleveland County
This memorandum is to advise you that the above referenced
case can now be officially closed.
As you are aware, the petitioner, ABB Combustion Engineering,
was able to negotiate a settlement with Franklin Industries which
satisfied its - concerns . The Contested Case Petition was
subsequently withdrawn by the petitioner on April 29 , 1997 . As
this office has recently received written documentation to confirm
this action, - it--is now closing its file on this case . -
. _Thank...you. .for your�Lime.aud .assistance with this. case .. . .If you
have any questions on the above, please contact Mr . Tracy Davis at
733 -4574 . - -. - -
CHG/td
cc : rjMr.- Tracy-Davis.,>,P . E.:.
-,. Mr. Doug Miller, P.E .

North Carolina Departrnent of EnNronmerlt, HeaAh, and N esouP6es,I ��!
Division of Land Resources, Land 0ualiry I - - (Y
MINE INSPECTION REPOR
(PERMITTED MINA
1. MINE NAME MOfSMrN[r I(Rwk ALINE N'CSSt FIf r✓tre.g S 2. MINING PERMIT# 3- U'�
3. OPERATOR0GLF8AYN0r1Tor./ CF (l At-rl At "EPA< S 4. COUNTYCLEueLAN&
5. ADDRESSP.a6ot't14j Wfuo5 MLaeiA;N NL )YvuF,'46. PERMIT EXPIRATION DATEOS wLj
7. Person(s) contacted at sfte7Ym NMGr Fff MTV-E TESSFtirf"'
6. Was mine operating at time of Inspection? IN Yes [-] No 9. Pictures? ❑Yes BNo
10. Date last inspected:a/ d92 11. Any mining since last inspection? ® Yes ❑ No
12. Is the mine in compliance with the Operating Conditions of the Permit? (M Yes ❑No
If no, explain:
13. Is the mine in compliance with the Reclamation Conditions of the Permit? myes ❑No
If no, explain:
14. Did any of the above deficiencies result in offsite damage? OYes ®No If yes, describe the type
and severity of the damage:
15. Corrective measures needed and/or taken:
16. Other recommendation and Wmmenls5FW-mFr7, GAS Ng rymcucr.trla(r WELL. MtcA rr
Aft"-S MrhfFS Gook 0000 , FOLD%tr npFfxA%rvCr (rJ..e.T LTcAA (O. iSA4F
-T)14C C.=D 1AIURK.
17. Is the Annual Reclamation Report +/- map accurate? 9)Yes [I No (Explain) ❑Not Reviewed
10. Fallow-up inspection needed? ❑Yes JIM No Proposed dale_/ /
19. No, of additional pages of Inspection Repon_. 20. Copy of Reportreal toat
operator 11 /14. /9,
4svEw dale)
INSPECTEDBYY �f'F J3DY+� CPV3 AW 4'N!s DATE I
Phone No: (7OLI
Whine copy to life Yellow copy to operator Pink copy to Mining Specialist
9N1

FRANKLIN INDUSTRIAL MINERALS
14605.BATTLEGROUND AVE..V.o. BOX 7 P �X
November 30, 1999 KINGS MOUNTAIN, NC 28086 V
PHONE(r0Q 7040550 FAX(70A)739-700 /
Mr. Tracy Davis
North Carolina Department of Environment and Natural Resources �3
Land Quality Section
P.O. Box 27687 D
Raleigh, N.C. 27611-7687 031999 �
e
Subject Transfer of Mining Permit
Franklin Industrial Minerals
Moss-Neisler Mine, permit No. 2303
Cleveland County
Dear Mr. Davis:
'['his letter is to inform you that Franklin Industries Inc., doing business as Franklin Industrial
Minerals ("Franklin'), plans to sell the assets relating to its mica business in North Carolina and
New Mexico. It is our understanding that the closing ol'the sale of assets will occur on or about
December 1. 1999.
In this regard, Franklin intends to the transfer the Mine Permit No. 2303 (the "Permit") to
Preston Capital Corporation and its successors and assigns ('Preston").
It is our understanding that Preston intends to assign the Permit to Oglebay Norton Specialty
Minerals, Inc.
/,YOUrs "truly,
Glenn R. McCloskey_, E
General Mana r
Franklin Indus na1 Minerals
CC: J. Michael Duncan, Franklin Industries
Ken Pavlich, Oglebay Norton Specially Minerals, Inc.
3:5�p3

• TRANSMISSION VERIFICATION REPORT
TIME : 12/0u. 1999 13: 21
NAME : CARD YI R
FAX : 9197 L! 8801
TEL : [phone]
DATE,TIME 12/06 13: 20
FAX NO. /NAME B704739700B
DURATION 80:00: 53
PAGE(S) 02
RESULT UK
MODE STANDARD
ECM

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISIONOF LAND RESOURCES
,YID: y
yCDENR; .
FAXAE9 B.HV NTJR 1
WERNOR
To: YJ / /Ki Lf e9t,]A.LCe
> y Q
r
Of:
cRErnrtr p Nt9
Fax:
70y- 73R - 759�
? � Pages: fncll din&-c r cheet
WILL�'GARONC
���''' nnv-v_j
'..4F.E.D,R�EGTO0. /
q4.
1 GEOOEOI9T8. Date: '
Comments:
s_
1 k
a
FROM: aL
Land Quality Section
Telephone; 919 733-4574
Fax Number: (919) 715-SSDI or(919) 733-2376
Mv
I Mail
LAN0OVA4M5CCTleN 19191 ]]].2574 FAX4916, 7332109
erowcmAE SURYEV SEcboN 9191 nJ.zax] FAX f913,73 .0100
. ,. r.o.ea+ ,9J. R.Au�N, NOAN c.ROE�N.n,11.TRRT rue...oNE 19im Tvo.uJ Fu m191 na.nnoi

REQUEST FOR INFORMATION
Name, address, and telephone number of person requesting
information: 't
�w IYdsA
J _ L Z
0
Information to be sent (check all that apply) :
X' Business Card
Mining Act of 1971
Administrative Rules
Application Form
'je Schedule of Reclamation Costs
A Mining Brochure
Ir- Guidelines on Reclamation Bonds
� Assignment of Savings Account Form
,B:- Irrevocable Standby Letter of Credit Form
Surety Bond Form
❑ Renewal Checklist
❑ Modification Checklist
Transfer Checklist
❑ Annual Reclamation Report Form (2 copies )
❑ Other:
* Susan - After sending the above information :
❑ PLEASE FILE THIS FORM UNDER REQUESTS FOR
INFORMATION
PLEASE FILE THIS FORM IN THE MINE FILE (PERMIT
NO . 27,_03
Thank ,

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--- - - - - — - -_
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9a 14 d5' - cl � r❑ r of � T ) ° - 1 ,! �Ni9i M1 'Ioia9ha
IF.) Sfer cf dmi f Fc it I IC ^1.=v. r III TIrLr
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.lI -- -- - --- -�- - - Y [Ll'LE DR4640 N41BCP
-- __-._ . . .__ - --_._ MINTING A(111V I'll 1' 649f)4901
li)

�.�✓ i... �. _ ti �.:.,.. f -�..'^^^-ten. \ / ��5 : Moun9rr
�' Kings�
r \ Archaal
v
Mine Entrance �`- �pr� r r, North Carolina__
-- —_— - 9 9 \\ / e s le u South Carolino
---� � -- 350 _- ` Ingress Egress
— DOT R/W , �
Bern w,my /— —
Y �— Vicinity Map
gq I
25'
® Acres 1
yy�
' T
_1997/1998/1999 — — -- germ \\
` w
— — — Waste/Overburden — — ��l- 950
1 1
Disposal Area
- _
Water Wells
� r
. ,_ — — — — — — --
7
C
1998 ' 1
ffrfWaste/Overburden / ✓`
y
/ Dls osal Area ' rr ,�� �'- Ure Stockpile
� I
pF �. J>
f ., A / r \
ro
CRES e � �v
MIN 1998 ,Cx5u
Sverbur E AC�TIVITY ' WDis asal Ai ea - e Exist. R-0 enclnas o ACREs
6.0 a._res Total r/f-' rf4r � �i/ To Remain Along U.S. Hwy. 29l''^'
j 7
J/
yy
' 1999
Ore Stockpile -
i ✓ �i / � � "/� / � �,�/ - 2.0 ACRES 7 .
1997/1998
- _
MINE ACTIVITY" S �
< 10.0 ACRESMin ActivityN�`�
20 Acres
,
9
R �t,.,ped Area
O' 7.0 Acres � '�Y.� •"`n-
2
1998
/- ' MINE ACTIVITY.
/
5.0 ACRES ,'''.. i /;' / , � ,,
/l
Y
s _
Qi� - ( 5 nBu�ferB—Clearing Constructed
Be
ln
/ ROW Fencing To _
9.'S-- - . A_e date Berm --
���
i
O�
1998/1999
MINE ACTIVITY
( +/— 6-0 ACRES
V MINE ACTIVITY
+/— 4.0 ACRESILI
\ Berm To Be Constructed In �2p
r ,
i \,
(b - 25' Buffer—Clearing To Be i� ,... 1V
� �� � Up To ROW Fencing To - -'� ��� �------ A
t Accomodate Berm -��
/ /
Sediment asin - \
V1 / �� 25' Buffer `'ti,- -„s: h �
00
\\
/ 25' �2 P ma
Buff r � nt Diver - n Swale .
�r
Barb Wire
(T s Area Only)
875Ty
Ole r
., - - _ �� NCDQT Fence A _
- -
- - -
m � _ '� ,.. _ �� - �— R e a n
_�- ��� C To
—77
TM
A
OGLE BAY NOR"TON DEHNR
NO. DATE REVISION
SPEC/AL TY M/NERALS _ �--�
lM
1 � 1/26/98 1997 - Reclamation Report (RAPT) scnia: 1" 0 100' ertmeec NO. p�wN Rr - DEC
2) 1/26/99 1998 — Reclamation Report (MET) Ue18: 1/27/98 MINE MAPPING M.P. Tonehs
3) 11/23/99 Transfer of Mining Permit to New Owner WET) T�LOi
4) ARCHDALE MINE — EAST LAND QU!,L:T'
rJ� sue=: MINING ACTIVITY �`UNo NUMBER ~- v -
i 6 64995001

�1IYc)) c
r
see 0
/
ti r
,{
co -o
e,V,x j
S(eV Mn1FA E1M"M
i60 uia l -
N � rr
s� pi A°.L
...� p Tail nye 100 - Acres
eeom
1
Sic
- -
W
MK Q
sswe r«uA
route i w,
9m � '�
I
of flIvI ujw A
\'
unrs
iN�M
LAcE
wer
" °{�NLYCE � ' �� � If, I I 60 Ora
0,e k ✓ r
�x.
In
Ie
m
ges
fr
f '
/
1
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///
w GFNSE rgYCF i f
/ g
{
a / I f
f ��x
.In /' / 1
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ea If
roMe
a� � /
7 / ''II
qa,cm swaue w $ Tai 9 8 - Asres I �p�
�usx
_ wsw:E J,5. 'iin .0 sm
— nE
/�
If
"a
a
98
E�x �, In
I
p ' - ✓ i Plant Area 53 A-res - 2 2 2 A e re s i1
If
" � '
�/ wa nwrx .It , j ♦ ' i i —�
i
i p -
/ J Exan OQ I
/ A enmx
_
/ SMoss 9 2 y 14 Are ' 1 wusx "I � ass
•. OMN SNP/4f _ '
` a ^ &4u5x fy
ry Y
.�
/ rd ntn tl wema� sn
m y- to
+ \ ➢' N r�
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- _ e
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930
-� _
r
EXISTING PERMIT NQ 23-03
Legend
Property Line - TM
Fence Line -
93nf
OGLEBAY NOFRTON
fn m NO. DATE REVISION SPEC/ALTYM/NERALS �- - -. �
1 ) 1p9/98 1997 — Reclamation Report M P I 1" = 100'
e"w"cT no. BEL j
MINING MAPPING ° """ BY
2) �25/99 998 — Reclamation Report (MPi) °ers: t/26/9� M.P. Tonelis
3) 1 1 /L3 9g Transfer of Mining Permit to New Owner ;MPT �T�' A A O` C' A A t\ r �` N O . '� p,. M O L �il(� r
n IVI JJ MINE J IV UC, IV
j
4)
s) s" MINING ACTIVITY BRAVING ��
6

Interstate 85
_ - Benton Rd_ NCSR 2374 .
J �
a
I
I PO'�Right-Of Way
,-Con rust Berm Over
Re nt Ex' t. Mineral Drive,
Po eme _�- ._'� is Location 925
,; / 60' Right-Of-Woy ;� \/ �� eT /
�_ f R
aao
Natural Visual Bedm � � � I I
To Remain � � � GI '. � I 4-Strand n �/�
/ o
�' � Ab ROW S & PLto
na� Rom , ?37� Treellne
....
�J I to
00 �
2 i
0 to
00 � -
c Haul Road From Pit
Treeline 19ne Are 9
Mine Area �—
m i
v
AC + �- - y%
Visual Berm Between
' c Mine Area \ Haul Road And Limit Of Mining.
11 o- Limits
V - i A (See Detail) /
r - /
SO
0 � V
' .du((et General Sump Area \
' Exist 4-Strand
Well \ \ 'Barbed Wire Fence 'co ( \ Acdess/Haul
' l' Road Along Edge g Of Tree n
1 At ROW & PL -- 1 925
� � � � �
e I
f '® � ® Aft
F
.
, - - _ ^I I � • fir
i
Mine Shall Be Dewatered
Through Sediment Basin l 1998/1999
_ ---
,
Ore Stockpile j lfi; ,�' LEGEND
199819MINEq . -
,/ r� _ 1 0 Ac. + � � r a - '\. � ME AREA
OVerFJUrC efl /SC11St PROPERTY LINE
Wostepile Area
- -�'rliilfl��
MINE ACTIVITY" — — — —
6.0 AC.+ /—J �- r Wide SpillwayDeepWella�nt S ent 4sin0 . ' 8 70'x3' It ! I 'D
, ,- I
/PD PD PD PD PD �' '� ��-� 4-Sitrand / I
Bar ed Wire Fe Ce /
� � /J At �OW & PL i }
Permanent Diversion Swale 7reejne
Permit B undary
ff
t \ ro
At ROW &
Dorbed nce� x� _ l l / If i i ;'' - .v x -9cc r , f i i
v
EXISTING PERMIT NO. 23-03
TM
______ ✓"tJ , I 1 I � �x
i i I 1 i
c�
OGLEBAV NOF?TON x 14 �
N0. DATE REV[5ION lsf2i'EdCh4 1. 7"Y IWIAf AI 1.SS
1) 1 /19/98 1997 — Reclamation Report IMP[) scA.E: 1 = 100 PROl NO. � (,
DRAIN AV
z DAPE: 1 z1 s7 MINE MAPPING
1 /25/99 998 — Reclamation Report (MP'--) M.P. TONELIS
3) 11 /23/99 Transfer of Mining Permit to New Owner ('APT)
3 4) HAWKS MINEc a�
CJ\ 9URT[TLE'. DRARNC NUMBER
6)// 1998 MINING ACTIVITY 64994801

F
4ILro�.n N •
agY NORTH CAROLINA DEPARTMENT OF
A pqp, ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
si March 6, 2000
NCDENR
Mr. Glenn McCloskey, P.E.
Oglebay Norton Specialty Minerals, Inc.
"'""¢9D."I,"T'R
�1 . 4. P.O. Box 729
[GOVBRNOR �%£
1 •- Kings Mountain, North Carolina 28086
';P, •''�` „� RE: Mining Permit No 23-03
Moss-Neisler Mine
*AMC MCDEVITY 0, Cleveland County
SECRETARY.
q Broad River Basin
Dear Mr. McCloskey.
yr f°`T-{•d.��.r
dd a 4 Your request to have the above referenced mining permit, issued
ARLES H.Ut Ri.b s to Franklin Industries, Inc., transferred in its entirety to Oglebay Norton
s7A
-�¢�... ... - s..� ,.
9TE GeOLoclsr-- Specialty Minerals, Inc. has been approved. As we have received the
9 required surety in an amount sufficient to cover the present operation,
I am enclosing the transferred mining permit. The permit number,
expiration date and mine name shall remain the same as before the
transfer.
40
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.
As a reminder, your permitted acreage at this site is 748.7 acres
and the amount of land you are approved to disturb is 378 acres.
i1
� I 1 Again, if you should have any questions on this matter please
contact me at [phone].
Sincerely,
Tracy E. avis, P.E.
State Mining Specialist
Land Quality Section
- -
�,�,Y'•La• , TED/jw
PART Enclosures
cc: Mr. Doug Miller, P.E.
Mr. Bradley Bennett-DWQ, w/enclosures
x,. Ms. Barbara Rote-WRC, w/enclosures
Mr. John J. Kim, Jr.-cover letter
" ONSM, Inc., 1100 Superior Avenue,
21" Floor, Cleveland, Ohio 44114
c
'}y q h TY tiL Ft > HRLT]6EC 1919133d574 FAX 191 733 ¢e76
GEOLOO CAUSupv5v 6EcTISx 19 191 73 3-34 23 FAX
(9191] 3.090p P.O.BOXD687, RALEIGHp NORTH CAROLINA 37611-7667 T¢LEPNON¢(9191753.3833 FAX 1919)]I6-a R01
AN EQUAL OPPORiVnmIAFFixNA7NE AciiOx EMPLOYER .SOS x[cvcLE0,l0%POSY-CONSUMER aAneP

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:
Oglebay Norton Specialty Minerals, Inc.
Moss-Neisler Mine
Cleveland County - Permit No. 23-03
for the operation of a
Mica and By-Products Mineral 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: May 16, 2004

• 0 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.
Defini igns
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
June_ 12, 1979: This permit has been modified to include an additional 465 acres identified
as the Neisler and U.S. Gypsum Corporation Tracts.
$e tteembgr 20, 1981 : This permit has been renewed and transferred from Kings Mountain
Mica Company, Inc. to KMG Minerals, Inc.
May 16. 1994: This permit has been modified to include the changes to the operation as
indicated on the revised mine maps, Sheets 1 through 17 of 17, dated March 9, 1994.
October 14, 1994: This permit has been transferred in its entirety from KMG Minerals, Inc.
to Franklin Industries, Inc.
March 10, 1 7: This permit has been modified to incorporate Mining Permit No. 23-10
(Hawks Mine) in its entirety and to add the Archdale Tract as indicated on the mine map last
revised February 11 , 1997.
Nov?,mber 19, 1998: This permit has been modified to allow test blasting to be conducted
at the Hawks Mine as indicated on the 8 '/2 by 11 inch section of the mine map received by
the band Quality Section on October 15, 1998 with stipulations.

• ® Page 3
May 12, 1999: A partial release has been granted to release Tract No. 1, Tract No. 3, Tract
No. 4, and Tract No. 5 from the permitted and affected acreage at this site. Tract No. 2
was previously released.
March 6, 200Q: This permit, issued to Franklin Industries, Inc., has been transferred in its
entirety to Oglebay Norton Specialty Minerals, Inc.
Expiration Date
This permit shall be effective from the date of its issuance until May. 16, 2004.
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 . Wastewate-r and Quarry Dewate—ring
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 Section, Division of Water Quality, to
secure any necessary stormwater permits or other approval documents.
2. Air aualitX-a-nd_DWst_Control
A. Any mining related process producing air contaminant emissions including
fugitive dust shall be subject to the requirements and rules promulgated by the
N.C. Environmental Management Commission and enforced by the Division of
Air Quality.
B. During quarry operation, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area..
3. Buffer Zones
A. Any mining activity affecting waters of the State, waters of the U. S., or
wetlands shall be in accordance with the requirements and regulations
promulgated and enforced by the N. C. Environmental Management
Commission.
B. Sufficient buffer (minimum 30 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.

• Page 4
C. All buffer zones shown on the Archdale Mine - East, Moss Mine's No. 1 and
No. 2, and Hawks Mine Maps last revised November 23, 1999 and received
by the Land Quality Section on December 8, 1999 and the Neisler Mine's No.
1 , No. 2 and No. 3 and Archdale Mine - West Mine Maps last revised January
21 , 2000 and received by the Land Quality section on January 31 , 2000 shall
be maintained to protect adjoining property. These buffer zones, with the
exception of approved earthen berms, shall remain undisturbed.
D. An undisturbed buffer zone of 25 feet along both sides of the gas line located
near Concept Drive on the Neisler 1 and 2 Tracts shall be maintained. In
addition, all excavated slopes adjacent to the buffer zones along the gas line
shall be maintained at a 2 foot horizontal to 1 foot vertical or flatter slope.
4. Erosion and Sediment Control
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 mining activities, including the installation and maintenance of all erosion
and sedimentation control measures shall be conducted as indicated on the
Archdale Mine - East, Moss Mine's No. 1 and No. 2, and Hawks Mine Maps
last revised November 23, 1999 and received by the Land Quality Section on
December 8, 1999 and the Neisler Mine's No. 1 , No. 2 and No. 3 and Archdale
Mine - West Mine Maps last revised January 21 , 2000 and received by the
Land Quality section on January 31 , 2000.
C. Appropriately designed erosion and sediment control measures shall be
installed and maintained, as necessary, below the previous United States
Gypsum plant area to prevent off-site sedimentation.
D. Appropriately designed diversions and chute spillway shall be provided and
maintained, as necessary, to control surface drainage on the fill area between
the plant area and Interstate 85.
E. An erosion and sediment control plan(s) shall be submitted to the Department
for approval prior to any land disturbing activities not indicated on the revised
erosion control plan or mine maps submitted with the approved application for
a mining permit and any approved revisions to it. Such areas include, but are
not limited to, expansion outside of the approved pit area, creek crossings, or
expansion of overburden or waste disposal areas.
5. Qroundwater Protection
Groundwater monitoring wells shall be installed and monitored as deemed appropriate
by the Department.

Page 5
6. Graded Slopes and Fills
The angle for graded slopes and fills shall be no greater than the angle which can be
retained by vegetative cover or other adequate erosion control measure, structure,
or device. In any event, exposed slopes or any excavated channels, the erosion of
which may cause off-site damage because of siltation, shall be planted or otherwise
provided with groundcover, devices or structures sufficient to restrain such erosion.
7. Surf,arp, Drainagg
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. Blasting C_onditiorts__for Aptzroved Test Sh,gt(s) Only
The operator shall provide-to the Department a copy of the findings of any seismic
studies conducted at this facility. The operator shall make every reasonable effort to
incorporate the studies' recommendations into the blasting program.
The following blasting conditions shall be observed by the operator to prevent hazard
to persons and adjacent property from thrown rock or vibrations:
A. In all blasting operations, except as hereinafter otherwise provided, the
maximum peak particle velocity of any component of ground motion shall not
exceed 1 inch per second at the immediate location of any building outside of
the permitted area regularly occupied by human beings such as dwelling house,
church, school, public building, or commercial or institutional building outside
of the permitted area. The opgrator shall monitor each_ blast_with a
seismograuh.
B. Airblast overpressure shall not exceed 128 decibels linear (DBL) as measured
at the immediate location of any regularly occupied building outside of the
permitted area such as any dwelling house, church, school, public building, or
commercial or institutional building. If vibration/airblast limits are exceeded,
the operator shall immediately report the event with causes and corrective
actions to the Department. Use of explosives at the blast site that produced
the excessive reading shall cease until corrective actions approved by the
Department have been taken. However, blasting may occur in other approved
areas within the permitted boundary. Authorization to blast at the blast site
may be granted at the time of the verbal reporting of the high airblast reading
if the circumstances justify verbal approval. Failure tg report will con$titute
permit violation.
C. The operator shall take all reasonable precautions to insure that flyrock is not
thrown beyond areas where the access is temporarily or permanently guarded
by the operator. Should flyrock occur beyond the permitted and guarded area,
or the level in Item A. above is exceeded, the operator shall report the incident
to the Department immediately and further use of explosive at the site shall be
immediately suspended until the following actions have been taken:
I. A thorough investigation as to the cause(s) of the incident shall be
conducted.

Page 6
2. A satisfactory report detailing the investigation shall be provided to the
Department within 10 days of the incident. Said report shall, at a
minimum, document the cause(s) of the incident along with technical
and management actions that will be taken to prevent further incidents.
The report shall meet with the approval of the Department before blasting may
resume at the site. Failure to take corrective measures to prevent flyrock and
repeated instances of flyrock shall be considered a violation of this permit.
D. The operator shall maintain records on each individual blast describing: the
total number of holes; pattern of holes and delay of intervals; depth and size
of holes; type and total pounds of explosives; maximum pounds per delay
interval; amount of stemming and burden for each hole; blast location; distance
from blast to closest off-site occupied structure; and weather conditions at the
time of the blast. Records shall be maintained at the permittee's mine office
and copies shall be provided to the Department upon request.
E. The operator shall, when requested by the Department, give 24-hour advance
notice to the Land Quality Section prior to any blast during a period for which
notice is requested.
F. The test shots in the Hawks Pit shall be conducted as indicated on the 8 'h by
11 inch section of the mine map and related correspondence received by the
Land Quality Section on October 15, 1998 with the following stipulations: 1)
the test shall be limited to two shots, 2) the above blasting conditions shall be
followed for the test shots, and 3) the blasting consultants shall submit to the
Land Quality Section two copies of all seismograph recordings and blasting
records, including any conclusions made, shortly after completion of the test.
G. A modification request shall be submitted to and approved by the Division of
Land Resources prior to incorporating blasting activities into the routine mining
activities at the site. Prior to submitting the modification request, a meeting
shall be conducted as described in the additional information letter from Ms.
Judy ,Wehner dated October 19, 1998.
9. High WlBrrir
A physical barrier consisting of chain link fencing, vegetated earthen berms, 4 strand
barbed wire fencing fa minimum 4 feet high), or large boulders placed end-to-end shall
be maintained at all times at the perimeter of any highwall to prevent inadvertent
public access. In addition, a minimum 10 foot wide horizontal safety bench shall be
provided at the junction between the top of rock and the toe of any overburden cut
slope.
10. Visual Screening
A. Existing vegetation shall be maintained between the mine and public
thoroughfares to screen the operation from the public. Additional screening
methods, such as constructing earthen berms, shall be employed as deemed
appropriate by the Department.

Page 7
B. Vegetated earthen berms shall be located and constructed as shown on the
Archdale Mine - East, Moss Mine's No. 1 and No.2, and Hawks Mine Maps last
revised November 23, 1999 and received by the Land Quality Section on
December 8, 1999 and the Neisler Mines No. 1 , No. 2 and No. 3 and Archdale
Mine - West Mine Maps last revised January 21 , 2000 and received by the
Land Quality Section on January 31 , 2000. Berms shall be constructed a
minimum five foot high with a 16 foot top width and a minimum two horizontal
to one vertical or flatter sideslopes.
C. In addition to grasses, loblolly and/or Virginia pines or other acceptable
evergreen species shall be planted as deemed appropriate by the Department
to improve visual and noise buffering.
11 . Plan Modification
A. 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
raining permit and any approved revisions to it. Approval to implement such
changes must be obtained from the Department prior to on-site implementation
of the revisions.
B. A modification request shall be submitted to and approved by the Division of
Land Resources prior to incorporating blasting activities into the routine mining
activities at the site. Prior to submitting the modification request, a meeting
shall be conducted as described in the additional information letter from Ms.
Judy Wehner dated October 19, 1998.
12. Refuse DispD5@1
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 nu lei 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 ors-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

S
Page 8
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.
13. Annual ReclamatiQn
An Annual Reclamation Report shall be submitted on a form supplied by the
Department by February 1 of each year until reclamation is completed and approved.
14. Bonding
The security which was posted pursuant to N.C.G.S. 74-54 in the form of a
$500,000.00 surety bond is sufficient to cover the operation as indicated in the
approved application. This security must remain in force for this permit to be valid.
The total affected land shall not exceed the bonded acreage.
15. Archaeological Resources
Authorized representatives of the Division of Archives and History shall be granted
access to the site to determine the presence of significant archaeological resources.

• Page 9
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:
Mini m Standgrd5 As Provided By G.S. 74-5-3 The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent
use of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that
are, likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North'Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation
simultaneous with mining operations and in any event, provide reclamation at the
earliest practicable time after completion or termination of mining on any segment of
the permit area and shall be completed within two years after completion or
termination of mining.
BECLAMATIMA CONDITIOLq5,:
1 . Provided further, and subject to the Reclamation Schedule, the planned reclamation
shall be to allow the quarry excavation to fill with water, provide a permanent
barricade (fence) along the top of any highwall, and grade and revegetate any areas
in unconsolidated material.
2. The specifications for surface gradient restoration to a surface suitable for the
planned future use are as follows:
A. Overburden shall be used to slope all. sideslopes of the mine excavation in
unconsolidated material to a 1 %2 horizontal to 1 vertical or flatter slope on the
Moss Tract and United States Gypsum Tract and to a 2 horizontal to 1 vertical
or flatter slope on the Neisler, Hawks and Archdale Tracts.
B. All lake areas shall be excavated to maintain a minimum water depth of four
feet measured from the low water table elevation.

• 0 Page 10
C. The sideslopes to the lake excavations shall be graded to a 3 horizontal to 1
vertical or flatter above the water level and 1 %2 horizontal to 1 vertical below
the water level.
D. Any settling ponds and sediment control basins shall be backfilled, graded, and
stabilized or cleaned out and made into acceptable lake areas.
E. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
F. Compacted surfaces shall be disced, subsoiled or otherwise prepared before
revegetation.
G. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Conditions Nos. 12.A.
through D.
H. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Reveoetation Plan:
Disturbed areas shall be permanently revegetated according to the Revegetation Plan
prepared by Mr. Jim Boggs with the Soil Conservation Service on February 18, 1992.
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. RpclamationPln:
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 to Kings Mountain Mica Company, Inc. July 26, 1972, modified
June 12, 1979, renewed and transferred in its entirety to KMG Minerals, Inc.
September 20, 1981 , renewed and modified May 16, 1994, transferred in its entirety
to Franklin Industries, Inc. October 14, 1994, and modified March 10, 1997,
November 19, 1998, and May 12, 1999, is hereby transferred in its entirety to
Oglebay Norton Specialty Minerals, Inc. this 6th day of March, 2000 pursuant to G.S.
74-51 .
By:
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

NC®ENR
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 January 12, 2005 William G. Ross Jr., Secretary
Certified Mail
Return_Receipt.Requested
Mr. Mike Tonelis
Ogiebay Norton Specialty Minerals
1469 South Battleground Avenue
Kings Mountain, NC 28086 7a02 515D ODa3 �053 8747
RE: Moss-Neisler Mine
Mining Permit No. 23-03
Cleveland County
Broad River Basin
Dear Mr. Tonelis:
We have reviewed the additional information you submitted for the above referenced
mine site. However, in conjunction with Mr. Doug Miller, PE and Mr. Charles Gerstell of the
Mooresville Regional Office, the following information is needed to continue processing your
application for the above referenced mine site.
Appropriate details and associated calculations for Sediment Basin #2 and #3 on the
Archdale West map are needed. Please refer to the attached memorandum prepared
by Mr. Tracy Davis, PE, dated June 24, 2003.
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
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�Affirmative Action Employer-50%Recycled 110%Post Consumer Paper

Certified Mail • f
L
Mr. Tonelis
Page 2
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,
Kristin Hicklin
Assistant State Mining Specialist
Land Quality Section
Enclosures
cc: Mr. Doug Miller, PE

r
June 24, 200')
MEMORANDUM
(NOTE: This is a revision to the April 4, 2003 Memorandum)
TO: Land Quality Section Staff
FROM: Tracy Davis, PE`V
Chief Engineer
RE: Trapping Efficiency Requirements for Temporary Sediment Traps,
Sediment Basins and Rock Dams on Permitted Mine Sites
As you are aware, both the North Carolina Surface Mining Manual and the North
Carolina Erosion and Sediment Control Planning and Design Manual have always
recommended that temporary sediment traps, sediment basins and rock dams be designed
to address three main parameters (see the erosion and sedimentation control design
chapter of each manual for further information):
1) Sediment Storage Capacity: This is the volume of sediment storage in
the measure. It is based on 1,800 cubic feet per disturbed acre per
year;
2) Spillway Capacity: This is the volume of water that must pass through
the spillway section of the measure, based on the entire drainage area
draining to the measure. For mine sites, if the measure is temporary
(up to one year life), the spillway capacity is based upon the 10 year-24
hour storm event. If the measure is permanent (one year or more life),
the spillway capacity is based upon the 25 year-24 hour storm event;
and
;) Trapping Efficiency: This is the surface area that is needed to settle
out fine particles in the water in the measure and is directly related to
the surface area of the measure. It is based on the following equation:
A= 0.01 Q
Where Q is the flow of water from the entire drainage area
for the 10-vear design storm, and A is the surface area in
acres.
NOTE: A 2-year design storm may be used if an engineered design is
performed and deemed acceptable to the Department. For further
guidance, please see the attached copy of a portion of Section 8 of the
Erosion and Sediment Control Planning and Design Manual.

• N
Page 2
While the Land Quality Section has been requiring parameters 1) and 2) in the design of
measures for mine sites, we have not been requiring that the design include parameter;),
trapping efficiency(except in High Quality Water zones). In light of recent
improvements in various programs in DETNR to address turbidity and offsite
sedimentation, it is imperative that our agency begins requiring trapping efficiency in the
design of the above referenced measures in all areas across the State.
As the Regional Off-ice staff is primarily responsible for the detailed review of erosion
and sedimentation control measures proposed for mine sites during the application review
process (in light of its extensive experience in reviewing and inspecting such treasures
under the Sedimentation.Pollution Control Act), it is requested that, effective
immediately, all mining permit applications be reviewed to ensure that parameter 3)
- trapping efficiency— has been addressed, either in the design provided by the
applicant or checked by our staff in-house to ensure that the required surface area
has been provided in the design of proposed temporary sediment traps, sediment
basins and rock dams. Measures already in place and functioning properly at permitted
mine sites are grandfathered.
I appreciate your diligence in checking for this important parameter on future projects.
By doing so, we will be meeting our obligations under the Mining Act to protect water
quality downstream of mining operations.
If you have any Questions on the above, please do not hesitate to contact me.
/td
Attachment
M. Jim Simons
Colleen Sullins
Bradley Bennett
John Domev

[Fwd-. Mass-Neisler Mine]
0
Subject: [Fwd: Moss-Neisler Mine]
From: Doug Miller <[e-mail]>
Date: Fri, 07 Jan 2005 10:25:55 -0500
To: "[e-mail]" <[e-mail]>
I think these measures were previously approved in the original
submittal . T i
Please verify. W► �` ,
doug �S(, �v
'F� � 0.5.s6G
Doug Miller - Dou_T.Miller@ncmail . net _QGS
North Carolina Dept . of Environment & Natural Resources a
Div. of Land Resources - Land Quality section
919 N. Main St . —
Mooresville, NC 28115
Ph: (704 ) 663-1699 Fax: (704 ) 663-6040
Subject: Moss-Neisler Mine
From: Charles Gerstell <[e-mail]>
Date: Fri, 07 Jan 2005 09:35:30 -0500
To: [e-mail]
Doug,
I have reviewed the revised mine maps for the Moss-Neisler Mine
submitted as additional information to the central office. The
maps are
much improved from what was previously submitted. The contours
make for
an easier review. I have only one reservation pertaining to the
mine
map for the Archdale West mine. There are two rock dam sediment
basins
shown on the plan as primary measures, but I do not see where
calculations were submitted showing how the measures were designed.
Let
me know if you have any questions regarding this matter.
Thanks
C.T.
1 of 2 1/12/2005 9:05 AM

[Fwd: Moss-Neisler Mine]
Charles Gerstell -- Charles .Gerstell@ncmail .net
%TITLE%
North Carolina Dept . of Environment & Natural Resources
Div. of Land Resources - Land Quality Section
919 N. Main St .
Mooresville, NC 28115
Ph: (704 ) 663-1699 Fax: (704 ) 663-6040
Charles Gerstell <Charles.Gerstell ncmai1.net>
%TITLE%
NC DENR- Mooresville
Div. of Land Resources - Land Quality Section
Doug Miller <Doug.MiIler u,ncmai1.net>
NC DENR- Mooresville
Div. of Land Resources - Land Quality Section
2 of 2 1/12/2005 9:05 AM

AvV�y North Carolina Department of
Environment & Natural Resources
NC®��
Division of Land Resources — Land Quality Section
1612 Mail Service Center, Raleigh, NC 27699-1612
Phone [phone] Fax (919) ' X
L. '� ts-g�o1
Facsimile
Date: 1 —rl - 05-
TO:
Phone No:
I I
FRONT: Y i b7��.- L�`t ^ Extension: 01
CONIMEN TS: .i
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tt �3— 0 3 s ; 4 .
You should be receiving page(s) including cover sheet. fjYou do not
receive all pages, please co'Mract sender.

MINING CHECKLI5T FOR ROUTING
A.pplicant'e Name: Project Name: ASS - eI s (-e-
a3-
Applic./Permit No.: 3—County: ate Received: 0 - 13 -ay
Reviewer. r6 ' v� River Basin Name: Bco aA
❑ New C Renewal C Modification (inside permit boundaries)
❑ Modification (outside permit boundaries) ❑Transfer ❑ Release
❑ Partial Release ,Additional Information ❑ Fee Needed: $
C Fee Received: $
PI a 2ror�: . entir application p�oe to•
i 1�•e� R-o Regional Office (2 complete copies: attach the " 05 Regional
Office Mining Application Review Checklist" t one copy and attach Fuy the DWO and DAQ
"Mining Application Review Form"to the other copy; send 'ooth copies Wrthcaional Engineer)
Date: Routed fa d +A- ed
C Division of Water Resources Date: Routed Rec d
❑NC Wildlife Resources Commission Date: Routed Rec'd
C J5 Fish & Wildlife Service Date: Routed Rec'd
(Only new,applications and modification rcf�uest5 that add land to the permit)
Plea Pleaoe route first 3 pig 5 off t�pplication and anv to a ion mapy�;
❑ Division of Parks & Recreation Date: Routed Rec'd
❑ NC Geological Survey Section Date: Routed Rec d
(Only new applications and modification reciueste that add land to the permit)
C Division of Archives & History Date: Routed Rec d
(Only new applications)
❑Other: Date: Routed Recd
**5' u5per15E Date for Corrrrent5: (no later than 25 days
from receipt)
❑Please note the following:
I UV-- NA nA` Y Y GV i CA A.) cem vuR
nn

Ogle*rlon Specially Mlnorzls •
146 Bas 729
S.Barrle Ave.
Kings Mountain.n.NC NC 20006
S e E C I A L IY MI NE F'A LS TEL T04-734.35W
FAX [phone]
w%,woglonaynorlon coin
CERTIFIED MAIL
RETURN RECIEPT REQUESTED
December 10, 2004
Land Quality Section DECEIVED
Division of land Resources
Department of Environment and Natural Resources DEC 13 2004
1612 Mail Service Center
Raleigh,North Carolina 27699-1612 LAND(&ALITY SECTION
Dear: Kristin Hicklin,
Assistant State Mining Specialist,
Land Quality Section
Please find enclosed per your letter dated September 22, 2004, the revised mine maps
with current site conditions for Renewal of Permit Number 23-03. Enclosed are two
color copies of each map as with requested changes as follows:
Hawks Mine—Indicating Contour Lines
Archdale East Mine— Indicating Contour Lines
Neisler Mines No. 1, 2 & 3 —Indicating Contour Lines and Clarity on Deliniation
Of Ore & Waste Stockpiles
Archdale West Mine—Clarification of Erosion & Sediment Controls and
Discharge outlets.
Included with the above Mine Maps is a drawing showing more detailed diagrams and
explanations of crosion/sediment controls, including diversion ditches for the above
mentioned Archdale West Mine. Also please make note that the Archdale West Mine
shows activity beginning in 2005. This 60 +/- acres are included in all mining activity
acres reported on the summary and the bond calculations.
I hope that these latest revisions to the mine maps answer all questions for the renewal
application of Mine Permit Number 23-03 which is under your review.
Call myself at 704-739-3616 if there are any questions concerning the application.
�Sincerely,
Michael Tonelis,
Plant Manager

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
September 22, 2004
Certified Mail
Return Receipt Requested
Mr. Ian Chapman 7002 3150 0003 7042 3555
Oglebay Norton Specialty Minerals
1469 South Battleground Avenue
Kings Mountain, NC 28086
RE: Moss-Neisler Mine
Mining Permit No. 23-03
Cleveland County
Broad River Basin
Dear Mr. Chapman:
We have reviewed the additional information you submitted for the renewal of the
referenced mine site. However, the following information is needed to continue processing
your application for the above referenced mine site.
1. Please revise the Hawks Mine, Archdale East Mine, and Neisler Mines No. 1, 2, & 3,
mine maps to include contour lines.
2. Please clearly delineate the location of the stockpile and waste pile areas the Neisler
Mines No. 1, 2 & 3 mine map.
3. Clarification is needed for the erosion and sediment measures depicted on the Archdale
West map. There is confusion on the discharge outlets for the diversions and
trapezoidal ditches. Please clarify and revise the Archdale West map with any
modifications.
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:
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

Certified Mail o • [ ,
Mr. Chapman
Page 2
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,
Kristin Hicklin
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Doug Miller, PE

I
• Complete items 1,2,and 3.Also complete A. k
item 4 if Restricted Dellvery Is desired. Agem
X
• Print your name and address on the reverse Addreseea
so that we can return the card to you, eca.ed by(vnnred rearm) c.nare f Dellvery
• Attach this card to the hack of the mallpleCis Y�� .ram
or on the from If space permlis.
1. Article Atl@aased to: D. Is tltllu eddies dmemrl horn kern 19 0yee
If Y S.enter delivery address below: ❑ No
MR IAN CHAPMAN
OGLEBAY NORTON SPECIALTY
MINERALS 3•,�And4ery�
1469 SOUTH BATTLEGROUND AVE ?D rllaad Mall 0 F praaa r4sll
0=ereo Racapt for mamnandw
KINGS MOUNTAIN NC 28086 omeared mat 000
.
4. Reamaled oaiveryr Feel ❑yes
2. Adide Namber 7ooa . 3i6b WS/S -�,2 24S5 -Rma�ar fmnr�f��
PS Foen 3811.August 2001 Domestic Rstum Racelpt Ioa .tMtuo
�Q _v>_R R-A.5, -

UNITED STATES POSTAL SERVICE el I I II I Pe S No.G-10 Pdia
• Sender. Please print your name, address, and ZIP+q in this box
O
DENR•DIVISION OF LANp o �+ n
LAND QUALITY SEC �
1612 MAD,SERVICE CE g
BALEIGH NC 27 016 d
5
z

Moss-Neisler mine maps
Subject: Moss-Neisler mine maps
From: Doug Miller <[e-mail]>
Date: Mon, 20 Sep 2004 12:55:56 -0400
To: "[e-mail]" <[e-mail]>
CT has reviewed the submitted maps and makes the following
comments .
1 . Moss mines No. 1 and No. 2- No concerns / V
.Hawks mine- no concerns but actually should show contours.
3. Neisler mine- Need to clearly delineate the location of the
tockpile areas and the waste areas . Addition of contours would
greatly
help.
4 . Archdale mine- Need contours
5. Archdale mine (e t) - Need Ot show proposed sediment control
measures --Ip d,�. QRV C.T.
where diversions outlet on the reclamation plan. This could be
construed the measures are removed during reclamation not after .
Doug Miller - Doug.Miller@ncmail .net
North Carolina Dept . of Environment & Natural Resources
Div. of Land Resources - Land Quality- Sedtion
919 N. Main St .
Mooresville, NC 28115
Ph: (704 ) 663-1699 Fax: (704 ) 663-6040
Doug Miller <Doug.Millernu,ncmaiLnet>
NC DENR - Mooresville
Div. of Land Resources - Land Quality Section
1 of 1 9/202004 1:13 PM

MINING CHECKLI5T'FOR ROUTING
w?
Applicant's Name: D Project Name: c(tv
Applic./Pemito 3_O County: &DAr O AdI"Date Received: L-1 7—� $
; Reviewer. Il,VisEii.. River Darin Name: Kbo.A. �), UPr
{
❑ New JgKcnewal ❑ Modification (inside permit boundaries)
❑ Modification (outride permit boundaries) ❑Transfer ❑ Release fl
6 ❑ Partial Release LzAciditional Information ❑ Fee Needed: $
❑Fee Received: $ ,�
Please route entire application page to
M RD Regional Office (2 complete copies; attach the "LQ5 Regional '`
Office Mining Application Review Cl to one copy and attach Li the DWQ, land DAQ
"Mining Application Review Form" to the other copy; Send bath co�piQ5 to�the �gnal Engineer)
Date: Routed cc of
0 Division of Water Resources Date: Routed Rec'd
0 NC Wildlife Resources Commission Date: Routed Rec d
0 U5 Fish & Wildlife 5ervice Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
f x
Please rout& first 5 pages of the application and any k2cation maps too ,' )
❑ Division of Parks & Recreation Date: Routed Recd
r ❑ NC Geological 5urvey.5ection Date: Routed Rec'd ' 5
F
(Only new applications and modification requests that add land to the permit)
❑ Division of Archives & History Date: Routed Rec'el
(Only new applications)
❑Oche : Date: Routed Rec'd
Y
**5u5pen5e Date for Commel —10 Oq (no later than 25 dayc
from receipt)
all
ao m
4ggg �( Please note the following:
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091i Specially Mmaials
Box 729
$46
IY695. NC BaNegr Aye
OLmlaln .
Rings M ,NC 290P6
9 PE C I P L TV in NE FP LS TEL➢60-TN 3550
FA%]W-739 TEN
w,ovegehavnanaamm
CERTIFIED MAIL
RETURN RECIEPT REQUESTED
August 16, 2004 =4A
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigb, North Carolina 27699-1612
Dear: Kristin Hicklin,
Assistant State Mining Specialist,
Land Quality Section
Please find enclosed per your letter dated June 16, 2004, the revised mine maps with
current site conditions for Renewal of Permit Number 23-03, Enclosed are two color
copies of each permitted location and two overall maps for all the properties.
Call myself at 704-739-3616 if there are any questions concerning the application.
Sincerely,
Michael Tonelis,
Plant Manager
Post-iP Fax Note 7671 0e1e _a yag s
To , ly V Frown rt
U '
Co leept. L i�5 Co. t_ S.
Phone# -D Phone
Fax. �RJ Fax

TRANSMISSION VERIFICATION REPORT
TIME : 08/24/2004 09:42
NAME : NC DENR DLR
FAX : [phone]
TEL : [phone]
SER. 0 zxzzzzzxzxxx
DATE,TIME 08/24 09: 42
FAX NO. /NAME MRO
DURATION 00:00:22
PAGE(S) 01
RESULT OK
MODE STANDARD

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James 0. Simons,PG, PE I Michael F. Easley, Governor
Director and State Geologist June to, 2004 William G. Ross Jr., Secretary
Certified Mail
Return Receipt Requested
Mr. Ian Chapman
Oglebay Norton Specialty Minerals
1469 South Battleground Avenue 70D2 3150 D003 7053 3432
Kings Mountain, NC 28086
RE: Moss-Neisler Mine
Mining Permit No. 23-03
Cleveland County
Broad River Basin
Dear Mr. Chapman:
We have reviewed the renewal application you submitted for the above referenced mine
site. However, the following information is needed to continue processing your application for
the above referenced mine site.
Please submit updated mine maps with current site conditions. The mine maps
received on May 11, 2004, with the renewal application ranged in dates from 1996 to
2004. Please clearly indicate on the revised mine maps the permit boundary, affected
area boundary, and associated buffers (undisturbed and/or unexcavated) to adjacent
land owners and wetlands/waterways.
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
1612 Mail Service Center, Raleigh, North Carolina 27699�1612 • 919-733-4574/ FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Oppodunily I Affirmative Action Employer-50%Recycled 110%Pool Consumer Paper

Certified Mail ® •
Mr. Chapman
Page 2
As required by 15A NCAC 56.0013, 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,
Kristin Hicklin
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Doug Miller, PE

• Complete items 1, 2,and 3.Also complete •6 gnalura
Rem 4 if Restricted BNivery is desired. 1 ❑ Agent
■ Print your name and address on the reverse ❑Addressee
so that we can return the WN to you. pepeived by(Pouted Name] C.No I oil
• Aftach this send to the back of the mallplece, I / J
or on the front if space permits. ulc/r/J"ate 1
t. article Addre>,rd m: p. Is drwaryemress current from here 1. ❑Yes
Ig YES.arter deilVery address brio.: No
MR IAN CHAPMAN II
OGLEBAY NORTON SPECIALTY MIN a. S ca Type
1469 SOUTH BATTLEGROUND AVE dined Mall ❑ Express mail
KINGS MOUNTAIN NC 28086 noBa bad wm Raelpt for Mm Irandlse
o Insured Men ❑ c.o.o.
4. Restricted peiHeryt(Fxne reel ❑Yam
2. A aNumber
fr rw.arfmmsmvknfabap 7av a 3/5a voa 3 7e33 3 �Sa
PS form 3811.August 2001 DbrialNc Rmum Ro'dpt Icesysazuarad
.013-013 6 -17- a�L

UNITED STATES POSTAL SERVICE I I I I I PeUSES
le&Fees Paid '
• Sender: Please print your name, address, and ZIP+4 in this box • I
OW"IVISION OF LAND RESOURCES
LAND QUALITY SECTION
1612MAIL SERVICE CENTER
RALEIC9 NC 276".1612
a 16 liili life III III I life ilili Its Elie life llllliilill1liil1liililiil

o ® 7 i o f
NCDENR
Norte Carolina Department of Environment and Natural Resources
Micha '_asley, William Ross. _.:;:rotary
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
Mzi
27 2004 j
Mr. Michael Tonelis, Plant Manager .I
Oglebay Norton Specialty Minerals, Inc.Past Office Box 729 RECEIVEDKings Mountain, North Carolina 28086 JUN 03 2004
RE: Moss-Neisler Mine
Cleveland County,N. C. LAND CMALITY SECTI
I
Dear Mr. Tnnel is:
Attached is a copy of our report documenting an inspection recently conducted at a mine
site for which our records show you to be responsible! The inspection was performed under the
provisions of North Carolina General Statute 74-56 of the Mining Act of 1971.
Please review the report carefully and note any problems or deficiencies documented by
the inspector. Furthermore, please note any recommendations and/or specific corrective actions
required to correct any deficiencies that may be listed!
The responsibility for understanding and complI ing with the terms and conditions of your
mining pennitand the Act lies with you.
Please do not hesitate to contact this office if y lu have any questions conceming the
attached report.
Your cooperation is appreciated.
Sincerely, y n ryI
Steve Allred, CPESC
Asst. Regional Eeer
Attachment
cc: Tracy_DdN7iriI l=Minine Specialist - On,
91E� 'r Main Strai, labor=sville, North Carolina 28115 NOrthCarOlina
PhDn: C�r(4i053-1c o1 =:'�X: 704-663-60401Internet: www;em.stata.nc.us "119a Fuivily
r E9, nunMI - ' a a 1 Mpeyer 50 ReyJed 110 wr onsumer Paper (/ V b

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Qualitv Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. Mine Name: Moss-Neisler Mine 2. Mining permit #: 23-03
3. Operator: Oglebay Norton Specialty Minerals, Inc. 4. County: Cleveland
5. Address: PO Box 729 Kings Mountain, NC 28086 6. Permit expiration date: 5116104
7. Person(s) contacted at site: Michael Tonelis, Plant Manager
8. Was mine operating at time of inspection? Yes:X' No: 9. Pictures: Yes: No: X
10. Date last inspected: 8/6103 11. Any mining since last inspection? Yes: X No:
12. Is the mine in compliance with the Operating Conditions of the permit? Yes: X No:
If no, explain:
13. Is the mine in compliance with the Reclamation Conditions of the permit? Yes: X No:
If no,explain: -
14. Did any of the above deficiencies result in offsite damage? Yes: No: X If yes, describe the type and
severity of the damage: _
15. Corrective measures needed and/or taken:
16. Other recommendations and comments: Overall, site looks good at this time. Be awe to maintain the
berm along the access road that follows the toe of the slopes at the eastern stockpile adjacent to Interstate 85 at
the Archdale Mine. Measures are needed at the access po t to the road from the..miinn�near the existing
billboard along Interstate 85. Consider a sediment trap ort ersion ditch to direct flow back inpnto��""thy
17. 1s the Annual Reclamation Report+/- map accurate? Yes: No. explain) N1oIt reviewed: X
INQAAU, '5 Ol fDY
18. Follow-up inspection needed? Yes: No: X Proposed date: now ' W' «
19. Number of additional pages of inspection report: 0 20. Copy of report sent to operator: 5/27104
6�
Inspected by: Charles Gerstell, Steve Allred, Gene Owens, Stephanie Graham Date: 5/25/04
Phone number: 704-663-1699 '

Moss-Neisler mine-#23-03 Cleveland
•
Subje AD MosnNeisler minv4B.03 Cleveland
From:noug.MillerQncmaiLnM
Date: Tue,08 Jun 2004 16:56:12-0400
To: "Kristin.Hicklin©ncmeil.xt"<KrislinHicklinQ�mail.neV
Inspection found no major areas of concern. The AQ and NQ cents are
else attached.
If you need more left, contact CT ae he did the site inspectlln.
doug
Doug Miller - Couo.Mil [e-mail]
North Carolina Dept, Of Environment 6 Natural Resouaes
Div. Of Land Resources - Land Quality Section
919 N. Main St.
Mooresville, HC 28115
Ph: [phone] Fax: (704) 563-5040
North Ca olina Dc avit"Mant of Envlr nt Carl Is ut ur
UlNalnn of C.nnd Rvsn[u-ons oI-Mna a allty Sec
MINE INSPECTIO P0127
rntarvllrrto M l
1, M w wanto- Mocc-Nalalar Mln o 2. Mining Joe
3. Ope r: OSlabny NORo v n Specialty Mlnarls, Inc C m 4. ony: VC
S. Ad s
d PO MangleMangleT29 Kangs Ma NC ontaln- 28086 6. p n cr: it Carl
T. Person sttaated at site: Michael Tonells. Plant Manniple
8. Was min oPorvtina vt than orinninsaionT YCs: No: 9. Pictu ros:
10. rMato has - wpectcd: 8/6/03 I 1. Any n r
v8 s e test is
12. Ic thv "'in
nr n A o ttPliance with the OPnatin6 vsiditiona Car the ParmitT YC:
at 'in. nXpin a
13. Is the uJan In v .pllanea whit tit a R lsantfon Conaltlons of Else r erml
If ern. Certain;
l4.eUfd any at c tita aeons p<ICnntC sta! In ofl61CC [ImmagCT YU: No: X
14. ally ease slu i C
` Is. sort-ect h'a mnasa Vas nice ea a afar tae[e11
l6. other r ..aa na n late: oa at, ones IooKa hues at this Ail
be alon8 tl>e atha[lbllowslthC of lM1C slopes v the oastom etoeKp
[M1C ArchaNs }VI inCcs noses at n e paint Art the road f om the
[ billboard along In aas85.s c,r snlo 6 smain C trnp nerd ivnraion ditch to airs
19. la Ann Aall uleRcclvmatvv RCPo It +/- map a ataT Yes, No: (vxnl
]B. Polio -up hvpC<tlola nccacaT YICs: No: X Proposna oat
19. seer- of s adlHonal pnges of Inspection repore. O 20- Cray of report
In ec[cd by: Charles Goretoll�Slcvc Illrca. Oo+C Owana. Steph in GrNhmit
Can avmisvr: 004-663-1699
I of 5 6/11/2004 2:50 PM

• I
MINING PERMIT APPLICATION REVIEW FORM
/or
DIVISION OF AIR QUALITY
Project: MasS-N6skf (1k.n ()3-03 County: C Qe i&
" IDue Date for Comments Back to Land Quality Section:
J
Will the operation, as proposed, violate standards of air quality?
Comments:
I
YES NO
Air permit required
IIyy ..�� ONa7F2ay
Air permit existing (Permit # ) _
1 qq A j
Othyr Comments: 7� �n+✓U v rs-r<a.I � �t c7ILr. ��
d'W Ivl e S t Pi?t
I
Reviewed by: /� Date: d
Print Name: 1'r) �n_..
tef]e00

MINING PERMIT APPLICATION REVIEW FORM
!far
A►�A D1VLSlON OF 4tfA—E.4 CUAL/TY ,,,,�
Prolect: ko" — 1ie.Bev ��k A.a31 3 County:a'6t 1I ((11
"Due Date for Comments Back to Land�lluality Section:
Will the operation, as proposed, viilate standards of water quality?
Comments:
I
i
I
I
I '/
Watershed/Stream Name & Classifi cation: �ir'p'✓ ��fM'C/Y G /
I
YES
NO
NPDES permit required
� ////� �,/CG�ZDo�
NPDES permit existing �L'IPermit At _
Nondischarge permit required
Nondischarge permit existing _ (Permit X_) ✓ '
Wetlands disturbed ( 1,2_/9 — 'pl�r/pit Guc'll/M�t r�F"
401 Wetland Cart. required _ I
401 Wetland Cert. existin/g (Permit R�
Reviewed by' " `"�" t�� Date:
Print Name:
immoo

I
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley,Governor I William G. Ross Jr., Secretary
Jahn Morris, Director
June 1, 2VO4
MEMORANDUM
TO: Ms. Brenda M. Harris liz
Mining Program SecretaryLand Quality Section ,�p,�qFROM: Kristen B. McSwain ( W' `
Water Allocation Section
Division of Water Resources
SUBJECT: Mining Permit Renewal Request for:
Oglebay Norton Specialty Mineral
Moss-Neisler Mine : Permit No. 23-03
Cleveland County I
Please find attached a copy of the mining permit renewal request for the above referenced
project. The Moss-Neisler Mine located in Cleveland County appears not to have an unduly
adverse effect on ground water supplies: However, futtire monitoring of adjacent private supply
wells may be required-if adversely impacted from the dl watering of the su�cial aquifer at the
Moss-Neisler Mine.
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 100,000 gallons(70 gpm) or more of surface waterlor ground water in North Carolina is
required to register the withdrawal with the Division oflWater 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, Pal ico, Pitt, Washington, Wayne, or
Wilson County.
If you have further questions please contact the Division of Water Resources at(919)
733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611.
NorthCarolina
1611 Mail Service Center, Raleigh, North Carolina 27699-1611 naturally
Phone: [phone] FAX: [phone]lntemet: www.ncwater.org

® North Carolina Wildlife Resources Commission 9
Charles R. Fullwood,Excjcutive Director
MEMORANDUM RECE NED
TO: Brenda M. Harris, Mining Program
Secretary MAY 19 1�U4'
Land Quality Section LAND QUALITY SECTION
FROM: Ron Linville, Regional Coordinate
Habitat Conservation Program
DATE: May 18, 2004
SUBJECT: Mining Permit Renewal Application, Oglebay Norton Specialty Mineral
Moss-Neister Mine, Permit No. 23103, Cleveland County
This correspondence responds to your request for our review of the referenced
mine permit renewal. These comments are provided in accordance with certain
provisions of the Mining Act of 1971 (as amended, 1982; G.S. 74-46 through 74-69; 15
NCAC 5) and the North Carolina General Statutesl(G.S. 113-131 et seq.). /
The mica, feldspar, and clay mine site covers 753.92 acres. Based on the ✓
materials submitted, it appears that the mine is requesting a routine permit renewal
without any site or permit modifications. Accordingly, we will not object to re-issuance
of the permit. Although the proposed planting schedule appears adequate, the attached
plant schedule is provided for information purposes should modifications be requested in
the future. To the extent practicable, native plants should be used for mine site erosion
controls and reclamation activities.
Thank you for the opportunity to review and comment on this project. If you
have any questions regarding these comments, please contact me at 336n69-9453.
Attachment: Piedmont Stormwater Pond and Mile Planting Recommendations
Cc: Mike Tesseneer, Manager
Mailing Address: Division of Inland Fishericr • 1721 Maikervice Center • Raleigh,NC 27699-1721
Telephone: [phone] exr. 281 •IFax: [phone]

Moss-Neisler Mine No.Z3-03 2 May 18, 2004
Piedmont Stormwater Pond and Mine Planting Recommendations
Instead of using the typical fescue grasses or exotic plant species, the following mixtures should
be considered for lower elevation stormwater ponds and mine sites:
Spring/Summer Mixture, May 1 - Sept. 15 FaIVWinter Mixture, Sept. 15-April 30
Brownlop millet 20 lbsla Winter Wheat 120 Ibs/a
Kobe lespedeza 20 lbs/a Kobe lespedeza 20 lbs/a
Shrub lespedeza 1 Ib/a Shrub lespedeza I Ib/a
Switchgrass* 5 Ib/a Swit Ihgrass* 5 lb/ac
Add to fall or spring plantings: `Tioga' Deertongue(Panicum clandestinum)at a rate of 7 Ibs.
Pure Live Seeds (PLS) per acre.
* When possible on slopes less than 3:1 use Switchgrass instead of lespedezas and on slopes greater than
3:1 use Orchard Grass or Creeping Red Fescue. Other native species may be appropriate depending on
soil, slope,and region. Korean lespedeza may be appropriate in colder geophysical areas. We do not
recommend Sericea lespedeza. Native plants and warm season grasses are preferred over exotic plants.
Add one of the following to the above mixture:
Creeping Red Fescue 5 Ibs/acre
Ladino Clover** 5 Ibs/acre
Atlantic Coastal Panic Grass 5 lbs/acre(PLS)
Alfalfa** 5 Ibs/acre(requires ferltilizer containing Boron)
** Lime& fertilize disturbed areas according to NRCS soil test results and follow planting guidelines as
appropriate and necessary. Depending on elevation and region,other native species may be appropriate.
Note that mowing should be limited to late winter or early spring. Mowing should only occur as needed to
prevent unwanted tree growth on a 2-3 year schedule.
The provision of shade around impounded waters can significantly reduce thermal impacts. Trees
and shrubs (1 year bare root seedlings)should be planted randomly at a minimal rate of 100 trees
per acre on the top and upper portions of the structure and at a minimal rate of 150 per acre
around the normal water elevation and littoral shelf area. The following list of tree species may
assist in providing habitat benefits:
Loblolly Pine* Red Cedar Black Gum American Holly Dogwood
Hickory Sumac White Oak Willow Oak Red Maple**
Viburnum Green Ash Ironwood Black Cherry Persimmon
Water Oak Spice Bush Willow(sp) Serviceberry Red Oak
Swamp Chestnut Silky Dogwood
Other species may be utilized depending on site requirements and native plant availability. Pines* should
not exceed 15%of the reforestation. No more than 20%of the tree species will be of a single species. An
80%success rate is acceptable over five years. Large or fast growing trees like Sycamore and Maple**
may not be appropriate near detention facility dams. Note: Non-native plants included in this list are
routinely considered beneficial and/or agriculturally established non-natives. They have been included as
they are readily available commercially and they do not exhigit many of the negative attributes of other
non-natives that tend to spread or inhibit native plant propagation and survival.

MINING CnH� ECyyKL15T FOR ROUTING ^ 1 ;
Applicant'SName: 04 1' Nor livr 1 Project ame: MO&S— Nt'%S6 t
a3-o3 ��
Applic./Permit No.: _County. RIL. Date Received:
Reviewer. —V is-1 River Basin Name: Birc)a-A
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New Renewal ❑ Modification (inside permit boundaries)
❑ Modification (out5ide permit boundarie5) I ❑Transfer ❑ Release
❑Partial Release ❑Additional Information ❑ Fee Needed: $ 1
Fee Received: $25W,00
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Please route entire apod cationpackage to ;.
Kk kb Regiona I Office (2 complete copies; attach the " Re
Officc Mining Application Review Checklist" to one copy and attach boSh,th WQ) n DAQ ;
"Mining Application Review Form" to the other copy; vend both co�z to the�R glonal ngineer)
�/ Dater Routed J' /2� 6e
)JDivieion of Water Resource$ Date:' Routed Rec'd
`R NC Wildlife Resources Commission Date:l Routed Rec'd
❑ U5 Fieh & Wildlife Service Pate:C Routed Rec'd
(Only new applications and modification requeits that add land to the permit)
Please route first 3 pages of the application and anv location maps
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❑ Division of Park$ & Recreation Date:I Routed Rec'd
❑ NC Geological Survey 5ection Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
❑ Divi5ion of Archive$ & History Date: iRouted Rec'd
(Only new applications) I`
❑Other: Date: Routed Rec'd
"SuopeYlSe Date for Comments: (�7��y (no later than 25 day$'
from receipt)
3sa�) q
J Please note the following: 37
�r vd6lar Y2.UiLW..`1 Pp�JVla1A AS .
. ,. . .o-. ... ..... , ,.... ....«...,. .,. . ..a . .... . °..,.W .V ,ram µ..�. A,,. .a._.s, . n. .... .,a.,+ ... w w .. .. .. ...a.�ut .�..

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Lard Resources
Land Quality Section
James D. Simons, P.G., P.E. I Michael F. Easley, Governor
Director and State Geologist May 12, 2004 William G. Ross Jr., Secretary
MEMORANDUM
TO: Mr. Ron Linville
Habitat Conservation Program Coordinator
Wildlife Resources Commission I
FROM: Brenda M. Harris i
Mining Program Secretary I
Land Quality Section
SUBJECT: Mining Permit Renewal for Oglebay Norton Specialty Mineral
Moss-Neisler Mine
Cleveland 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 June 7, 2004 so that we may complete our review of this request
within our statutory time limits. f
As is the case in our review of all mining p�rmit 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 tappreciated. If your staff wishes to
perform a site inspection, it is recommended thatlthey 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 app leciated, Please contact Ms. Kristin
Hicklin at [phone] if you have any questions.
Ibmh
Attachments
cc: Mr. Doug Miller
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1612 Mail Service Center, Raleigh, North Carolina 27699 j1612 • 919-733-4574 I FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina, 27604
An Equal Opportunity ti Affirmative Action Employer—50*61Recycled 110%Post Consumer Paper

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A7 i�%�A, 0
NCDE R -
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 May 12, 20 4 William G. Ross Jr., Secretary
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 Oglebay Norton Specialty Mineral
Moss-Neisler Mine
Cleveland County
® Mine Dewatering Proposed ❑ No Mine Dewatering Proposed
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 June 7, 2004 sot 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 persi n noted in the application.
PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO THIS OFFICE. Il
Your continued cooperation is greatly appreciated. Please contact Ms. Kristin
Hicklin at [phone] if you have any questio I S.
/bmh
Attachments
cc: Mr. Doug Miller
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574!FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina, 27604
1
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
f

DETACH AND RETAIN THIS STATEMENT I
OGLEBAY NORTON SPECIALTY MINERALS, INC. NO. 408670
P.O. BOX 729
KINGS MOUNTAIN NC 28086 CHECKDATE 5/07/2004
STATEMENT OF REMITTANCE
VOUCHER INVOICE DATE INVOICE NUMBER INVOICEAMOUNT DISCOUNT PAID AMOUNT
210-2004-05-00006 5/04/2004 PRRNITT REN 500.00 .00 500.00
VENDOR NO. 304222 CHECKNO. 408670 TOTALS 500.00 .00 500.00
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NORTH CAROLINA
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MINING PERMIT AIPPLICATION
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state of North , Carolina
Department of Environment
And Natural Resources
Division of Land Resources
Land Quality lsection
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1612 Mail service Center
Raleigh , North Carolina 27699- 1612
(919) 733-j4574
Revised 4/2002
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NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY iECT1pN
APPLICATION FOR A MINING PERMIT
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(PLEASE PRINT OIR TYPE)
1. Name of Mine Moss- Neisler Mine County Cleveland
River Basin Broad River Basin Latitude (dd.mm.ss) 35.12.15 Longitude (dd.mm.ss) 8123,00
2. Name of Applicant* Oglebay Norton Specialty Minerals I
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3. Permanent address for receipt of official mail: 1469 South Battleground Ave,
Kings Mountain, NC 28086
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Telephone [phone]
4. Mine Office Address Same as Above Telepholl e 704-734-3514
5. Mine Manager: Mike Tesseneer
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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 misreplresentation of facts will be cause for permit
revocation. /
***Signature [ L Date
Print Name Lan Chapman
Title: General Manager, Performance Minerals
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* This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation band (security) that corresponds to this site.
** The Land Quality Section must he 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
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.
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APPLICATION FOR A MININXERMIT
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■ NOTE: All of the following questions must be thoioughly answered with regards to your mining
operation for the intended life of the mine. All response must be clearly conveyed on a corresponding,
detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
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Answer all of the following; that apply:
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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);
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.: 23-03 Total permitted
acreage (this is the acreage that the "renewal" fe6 will be based upon): 753.92
Of this acreage, how much is owned and how much is leased? Acres owned:204.52 Acres
leased: 549.4 Property owner if leased: Neisler Brothers, Inc.
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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: !
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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 operationl 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):
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d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and
the total (overall) acreage covered by the existing permit. Mining Permit No..
Total permitted acreage:
■ SEETHE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO
BE PAID FOR THE REQUESTED PERMIT ACTIONS)AND CORRESPONDING ACREAGE NOTED
ABOVE I
2. Name of all materials mined: Mica, Feldspar, Clay
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3. Mining method: Hydraulic Dredge Front-end Loader & Truck XX Shovel & Truck
Dragline & Truck Self-loading Scraper Other (explain)
APPLICATION FOR A MINING PERMIT I
4. a. Expected maximum depth of mine (feet) _100, iI
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Depth is relative to what benchmark? (e.g., nataral ground level, mean sea level, road elevation,
etc.) `
Natural Ground Level ---Elevation 970'
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b. Expected average depth of mine (feet) 56'
5. Has any area(s) at this site been mined in the past?! Yes No XX
If yes, when and by whom was this activity conducted?
6. Number of years for which the permit is requested (10 years maximum): 10 Years
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B. MAPS ATTACHMENT A
1. Clearly mark and label the location of your mininlg 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 perinit application.
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- 7.5 minute quadrangles may be obtained from:
N.C. Geological Survey
NCDENR
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
[phone]
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- County highway maps may be obtained from
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Location Department
State Highway Commission
Raleigh, North Carolina 27602
[phone] I
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APPLICATION FOR A MINING PERMIT
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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: ATTACHMENT B
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. 4
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. I,
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 existingiaccess 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 oA 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 ]eased 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
1. Name of applicant
2. Name of mine
3. North arrow
4. County ,
5. Scale I
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: i
PERMITTED ACREAGE MAP SCALE
0-99 Acres 1 inch = 50 feet
l 00-499 Acres 1 inch = 104 feet
500+ Acres 1 inch = 200. feet
(NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items)
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APPLICATION FOR A MINING PERMIT j
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,Imme 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:
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CATEGORY AFFECTED ACREAGE
Tailings/Sediment Ponds
Stockpiles
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Wastepiles I
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Processing Area/Haul Roads �
Mine Excavation i
Other
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NOTE: IN ADDITION TO THE ABOVE,THE MAPS MUST ALSO INCLUDE ANY SITE-SPEC[FIC
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 IWILL NOT BE CONS[DERED COMPLETE
WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS.
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APPLICATION FORA 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 eets as needed.
Moss/Neisler Archdale mine site will have the overburden removed by both dozer and loader and moved within
mine site via off road haul trucks, The overburden will be stock piled within mine site and at the time of
reclamation will be utilized as ground cover.
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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.
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All areas that are to be mined will be done so as that all non-process water that comes into contact within
Affected area will drain into mine site and through sediment containment structures.
3, a. Will the operation involve washing the material mined, recycling process water, or other waste
water handling? Yes XX No . If yes, briefly describe all such processes including any chemicals
to be used.
Minerals will be hydraulically sized and separated. The mineral fines and small portion of clay will
be deposited in the tailings pond. A polymer flocculent is added for tailings settlement and the
process water is recycled. i
b. Will the operation involve discharging fresh or wastewater from the mine or plant as a point
discharge to the waters of the State? YesXX No i 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).
All non-process water within the Moss/Neisler Archdale Mine Site Affected Area is collected within mine
site and sediment is allowed to settle out. The water'"from that point is pumped from mine site into a
holding pond. The holding pond is engineered to retain water to a depth of 10'+at which point the water
passes through a gravel covered filter cloth and released into nearby stream. All process water is
contained in a closed loop water system.
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APPLICATION FOR A MINING PERMIT
c. Will-any...part of the proposed mine excavation(s) extend below the water table?
Yes XX No . If yes, do you intend to dewater the excavation(s)? Yes XX' No . If yes,
what impact, if any,will mine dewatering have on neighboring wells?'Estimated withdrawal
rate in gallons per day: . 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. I
All water requirements for adjoining dwellings are furnished by municipal water source. Oglebay
Norton is not aware of any existing wells within 500 feet of mine site.
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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.
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NPDES General Permit No. NCG070000 Expiration date: 30Apr08,
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4. a. Will the operation involve crushing or any other air contaminant emissions?
Yes XX No 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.
North Carolina Air Quality Permits 04078RI O (Expiration Date 28Feb05)
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b. How will dust from stockpiles, haul roads, etc.,'be controlled?
Fugitive dust from stockpiles and haul roads will be controlled by water spray. Barrier berms and
waste piles will be vegetated.
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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 instilled 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.
Now 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 onl site conditions. Show all buffer locations and
widths on the mine map(s).
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rAlf-buffeits will;be 30'_or morel
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.
Now 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).
CA minimumof50' 6uffei will be maintained fromi either water course(s) and/or wetlands.
G. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit
boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or Ratter for clayey
material and minimum 3 horizontal to I vertical slopes or Ratter for sandy material are
generally required, unless technical justification can be provided to allow steeper slopes.
All material stock piled will be placed at less thanithe natural angle of repose. Berms and additional
length of buffer zones will be utilized to prevent encroachment onto adjoining properties.
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APPLICATION FOR A MINING PERMIT
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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.
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The reclamation plan for this site is filed with the state of North Carolina pertinent and
applicable to this site.
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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). j
Benching on approximate 10 foot lifts with floor areas sufficient to provide final slopes not less than
2h/1v.
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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.
Does not apply to this ore body/operation.
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7. Describe other methods to be taken during mining tl 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 arc within 300 feet of any proposed excavation.
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We have both natural (trees and vegetation) and manmade barriers (berms) to prevent physical hazards to
adjoining properties. i
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8. Describe what kind of barricade will be used to prevent:inadvertent public access along any high wall
area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate
boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and
location of each type of barricade to be used must be indicated on the mine map(s).
Mine Properties are fenced.
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APPLICATION FOR A MINING PERMIT
9. Are acid producing minerals or soils present? Yes No XX. How will acid water pollution from
the excavation, stockpiles and waste areas be controlled?
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10. a. Describe specific plans (including a schedule of implementation) for screening the operation
from public view such as maintaining or pplantingg trees, bushes or other vegetation, buildin
berms or other measures. Show the'locatlon of 3111 visual screening on the mine map(s) anh
provide cross-sections through all proposed berms or proposed spacing, sizes and species for
tree plantings.
Mine sites are screened with established berms'and vegetation.
b. Could the operation have a significantly adverse effect on the purposes of a publicly owned
park, forest or recreation area? If so, liory will such effects (i.e., noise, visibility, etc.) he
mitigated?
No publicly owned park, forest or recreation areas adjoin permitted area.
11. Will explosives be used. Yes .No XX-. 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 Vllll'atlOns. Depending on the mine's location t:o nearby
structures, more detailed technical information moy 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.
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12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? ,Yes=X=No
If yes, describe these materials, how they will be stored and method of containment in case of spill.
Indicate the location(s) of all storage facilities on We mine map(s),
All diesel and gasoline storage tanks are double lined and are inspected regularly per the site SPCC Plan. All
drums that contain any plant/process lubricants(or pollutants)will are within containment(s). Each location
that has lubricants also has spill kits that will be utilized for any/all spills.
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APPLICATION FOR A MINING PERMIT
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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 niap(s). In addition,design information,including
typical cross-sections, of any permanent channels tol be constructed, as part of the reclamation plan
and the location(s) of all permanent channels must be indicated on the reclamation map.
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The reclamation plan for this site is filed with the state ofNorth Carolina remains pertinent and applicable to
this site.
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2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes XX No.
If yes, illustrate the location of the body(s) of waterlon the reclamation map and provide:r scaled
cross-section(s) through the proposed body(s)of water. The minimum water depth must beat 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 Bind beneficial at this site. Will the body(s) of
water be stocked with fish? Yes XX No. If yes, specify species.
As per the above mentioned reclamation plan.
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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-eZ etc. Construction details and locations of all
permanent barricades must be shown on the reclamatiion map.
As per the above mentioned reclamation plan.
I

I
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.
Overburden will be used for final reclamation of the mine site and as needed for the tailings pond to provide
additional material to achieve slopes not greater than 2h/l v in these areas.
�I
i
5. a. Describe reclamation of processing facilities, stoickpile areas, and on-site roadways.
Process plants and buildings will be removed, stockpile areas and roadways will be graded and vegetated.
I
I
b. Will any on-site roadways be left as part of the reclamation? Yes No XX. If yes,
identify such roadways on the reclamation map and provide details on permanent ditch line
stabilization.
I
I
G. Describe the method of control of contaminants and disposal of scrap metal,j 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 REjar 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 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.
All solid refuse is removed by a private contractor and disposed of in the county landfill.
All recyclable material (Iron, metals, oils etc) will be sold to local private contractors
I
i'
i
i
i
-12-
I

Rpr 12 04 01 : 29p Shell by USDfi SC 1 17044711230 p' r_
I
APPLICATION FOR A MINING PERMIT
7. Describe your plan for revegetation or other surface treatment of the affected areas. Tliis plan must include
recommendations for year-round seeding, including the time of seeding and the amount and type of seed,
fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for
permanent revegetation and, if necessary, temporary revegetation. Revegetation utihzing only tree
plantings is not acceptable. Recommendations can be sought front:
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; I
£ N.C. Erosion and Sedimentation Control Planning and Design Manual;
N.C. Surface Mitung Manual: A Guide for Permitting, Operation and Reclamation;
Others as may be approved by the Department. 1
LIME - RATE OF APPLICATION(tons/acre).-
FERTILIZER-ANALYSIS AND RATE OF APPLICATION(pounds/acre):
SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-RQUND_ SEEDING
SCHEDULE (pounds/acre): [NOTE-. Include Legumes]l
Seed_Types: Seeding Dates; Seedin Rg ates:
See Attachment; 6.
'I
MULCH- TYPE AND RAZE OF APPLICATION(pounds/acre)AND METHOD OF ANCHORING:
OTHER VEGETATIVE COVERS-TYPE(S AND RATE (S)OF APPLICATION INCLUDING
SEEDING SCHEDULE (pounds/acre, treeVacre, spacing of trees/shrubs, etc):
Revegetation and/or reforestation plan approved by.
Signature-- i Date d r' /Z Q4f_
Print Name Ben Robinson
Title District Conservationist
Agency USDA, [natural. Resources Conservation Service
�l
I
-13- i
I
i

• •
APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a
range of$500 to$5,000 per affected acre)for each permitted mine site based upon the acreage approved
by the Department to be affected ding the life of the mning permit. Please insert the approximate
acreage, for each aspect of the miniurng operation. [ i
hat von ntend to affect durine the life of this mining
permit (in addition, please insert the appropriate reclamation cost/acre for each category from the
Schedule of Reclamation Costs provided with this application form) O R you can defer to the Department
to calculate your bond for you based upon your maps and standard reclamation costs:
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE' COST
Tailings/Sediment Ponds: 99 Ac. X $ 1500/Ac. _ $148,500
Stockpiles: 34 Ac. X $ 1500/Ac. _ $ 61,200
Wastepiles: 72 Ac. X $ 2000/Ac. _ $144,000
Processing Area/Haul Roads: 55 Ac. X $ 2000/Ac. _ $ 110,000
Mine Excavation: 122 Ac. X $ 500/Ac. _ $ 61,000
Other: -0- Ac. X $ /Ac. _ $ -0-
TOTAL AFFECTED AC.: 382 Ac.
(TOTAL PERMITTED AC.: 754 Ac.)
Temporary & Permanent Sedimentation & Erosion Control Measures:
Divide the TOTAL AFFECTED AC. above into the following two categories: a)affected acres that drain into
proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where
measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and
wetlands.
a) Internal Drainage 382 Ac.
b) Positive Drainage -0- At. X $1,500.00 = $ -0-
SUBTOTALCOST: $ 524,700
Inflation Factor:
0.02 X SUBTOTAL COST: $ 109494 X Permit Life (1 to 10 years): 10
INFLATION COST: $ 104,940
TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 629,640
Total Reclamation Bond Cost: $ 500,000 (round down to the nearest $100.00)
6A
(R_iN o t
-14-

• •
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: ,n J .y APPLICANT: n/ /
Signature: �/1t(,lX Signature" _! l
Print Name: Stella Putnam Print Name: tan Chapman
Neisler Brothers, Inc.
Address: 148 West Mountain Title: Vice President / General Manager, Performance
Minerals
Kings Mountain, NC 28086 Company: Oglebay Norton Specialty Minerals
Telephone [phone] Mine Name: Moss/Neisler Archdale
'Signature must be the same as the individual who signed Page I of this application.
Six (6) copies of the completed application, six (6) conies of all location maps, mine maps and reclamation mans.
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].

ATTAC[IMENT - A

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ATTACHMENT - B

0 0
MAY 1 1 2004
ATTACHMENT C

Apr 12 04 01 : 29p
Shelb-d USE)n SC 17044711230
to
United States Department of Agriculture
o N RCS
Natural Resources Conservation Service
844 Wallace Grove Road
Shelby,NC 28150-9213
April 12, 2004
Aiidy Howell
KMG - Minerals
Kings Mountain, NC
Subject: Re-vegetation Flan for mica mining site: Located in the Kings Mountain area of
Cleveland County along highways 29 and Bethlehem Church Road
From: Ben Robinson ,.
District Conservationist
Following are selected vegetation recommended for stabilizing disturbed Areas for this site:
Dates
February—March Common Bermuda(Seed—urrimlled) at 10 lbs. per acre
March 1 —April Hybrid or Common Bermudagrass sprigs—2' x 2' spacing
March 1 --April 15 Tall Fescue at 160 lbs. per acre
Kobe Lespedeza(inoculated) at 10 lbs. per acre
March 15 —June Sericea Lespedeza (scarified)(inoculated) at 40 lbs. per acre
Weeping Lovegrass at 2 lbs. per acre
Best for droughty sites
April 15 —June 30 Common Bermuda (seed—hulled) at S lbs.per acre
April 15 — August 15 Tall Fescue at 160 lbs. per acre
Kobe Lespedeza(inoculated) at 10 lbs. per acre
Weeping Lovegrass at 5 lbs. per acre
August 15 —March 1 Tall Fescue at 160 lbs. per acre
Rye, at 20 lbs. per acre
Crimson Clover(inoculated) al 10 lbs. per acre
Note—Tall fescue is not «cell suited to droughty, sandy soils
the Natural Resources Conservation Service prvvldes leadership in a partnership effort to help people
conserve,malntaln,and Improve our natural resources and environment.
An Equal Opportunity Provider and Fmployer

. Apr 12 04 01 : 30p
Shelby USDA SC 17044711230
Page—2-
Prepare seedbed by incorporating lime and fertilizer to a depth of 3-4 inches (if
hydroseeder is used lime and fertilizer may be applied with seed mixture). If slope
prevents use of conventional equipment, scarify soil with chain harrow, hand tools, or
other equipment.
Where amendments can be incorporated,lime and fertilize according to soil test. In the
absence of a soil test, apply per acre:
1,000 lbs. 4-24-24 or equivalent
2 tons dolomitic limestone
2 tons small grain mulch (with Bcrmuda use 1 ton)
Where amendments caimat be incorporated, lime and fertilize according to soil test.
Indicate on the soil test inforniation sheet that the lime and fertilizer will be applied by
means of hydroseeding or cannot be incorporated. In the absence of soil test, apply per
acre:
1,000 lbs. 4-24-24 or equivalent
l ton dolomitic limestone
2 tons small grain mulch (with Bermuda use I ton)
Anchor areas with mulch netting or emulsified asphalt where needed to hold mulch in
place.
For short term seeding, seed as follows:
(late Winter— Spring Rye or oats at 3 bushels per acre
Surnmer 13rowntop Millet or Sudangrass at 40 lbs. per acre
Or
Weeping Lovegrass at 5 lbs. per acre
Late Summer to Early Rye at 3 bushels per acre
Winter
For short lean seeding apply per acre:
500 lbs. 10-10-10
2 tons lime
Mulch is optional but should be used when temporary seeding is
during the summer or on droughty/sandy areas.
Maintenance of permanent vegetatiun:
Control weed conipetition by mowing or with herbicides. follow NC Agricultural
Chemicals Manual recommendations and adhere strictly to instructions on pesticide label.
Irrigate newly seeded areas if water is available and rainfall is not adequate.

Rpr 12 04 01 : 30p
Shelby USDn SC 170447112JU
Page—3-
Inspect all areas for planting failures and make necessary repairs, replacements,and
reseeding as soon as possible.
Take soil samples every 2 years and follow lime and fertilizer recommendations. If not
known apply fertilizer annually and lime as indicated based on the following:
Pure stands of tall fescue: Apply 400 lbs. of 10-10-10 per acre August - September
Apply 45 lbs. of nitrogen/ac. February—March (e.g.— 130 lbs, 34-0-0/ac.).
Pure stands o f Bermuda grass: Apply 400 lbs. of 10-10-10 per acre April IS —May 1,
Apply 50 lbs, of nitrogen/ac. in July(e.g.— 150 lbs. 34-01-0/ac).
Mixtures of lespedeza, clover, tail fescue and weeping lovegrass: Apply 400 lbs. per
acre of 5-10-10 or equivalent February—March.
For all vegetations apply lime at 1 —Z tons per acre lime every 3 -5 years.

DATE TO ASSISTANT DATE *SUSAN
LOGGED IN � t"�
MINING CHECKLIST FOR ROUTING
Company .4A/`fn fj 4q J /i /1m Pr//ojec/t� Name fryl . .t, Yl'-Ga.e.
Permit No. /�3�-n� County 6iALt An..f/ Date Received
Reviewer
Please make copies of check to include with Central Office and
Field office files and log in checks.
* ❑ New ❑ Renewal ❑ Modification i2 Transfer ❑ Release
❑ Additional Information ❑ Fee Needed
❑ Fee Received: Amount
Please route to:
j2 J(IN4faA JI-J) Field Office Date Routed
❑ Wildlife Resources Commission Date Routed
* ❑ Archives and History Date Routed
❑ Other: /I Date Routed
Suspense Date for Comments: (Date received +30 days,
not on weekend) I f
❑i Please note the following: . / � 1
l A4VV /�/��U/ -Y
*SUSAN: Please make file and return Checklist and file to Reviewer
White Copy to Field Office Yellow and Pink Copies to File Goldenrod Copy to Susan

oblebaYon specialty Mmarala •
vo Rai
140 S,Battleground Avenue
OOMN TOM King$Mountain,NC 28080
tvevai Tv MINERALS TEL70Eg343550
FAX [phone]E
wrvw,ablelwYnanon.com RECE V ED .I
DEHNR
January 27, 2000
fAN 3 1 �
Judith A. Wollner SECTlDN
Land Quality Section LAND QUALITY
Division of Land Resources
Doparhrtent of Envi romnenl and Natural Resources
1612 Mail Service Conic
Raleigh, N.C. 27699-1612
Sublcc(: Transfer of Mining Permit follow Up and 1999 RccI amation Report
Oglebay Notion Specialty Minerals
Moss-Neisler Mine, Permit No. 2303
Cleveland County
Dear Ms. Wehner:
In response to your Janumy 19. 2000 letter, I am enclosing two copies of updated maps and
clarification of the disturbed acres.
I. The permit boundary on the Noisier Mines No. 1,2 and 3 map has been revised to
reflect(he releases and show the natural gas underground line.
2. The Archdale West Mine map has been revised to eliminate the red line. 'the loci line
had represented where proposed ditches may have been cut to direct surface Winer
I unoff.
3. We are not requesting any additional acreage to be disturbed. The 378 acres on the
bond calculation worksheet clarifies and updates the existing acreage already
permitted.
The 1999 Reclamation Report is also enclosed. Please contact me at 704-734-3516 i f any further
in[onnation is needed.
'thank you for yoor assistance.
fours Tr ds y,
Run Spigncr
Environmental, Health and Salety Supervisor
Oglebay Norton Specialty Minerals
CC: Glenn R. McCloskey, ONSM

NORTH CAROLINA DEPARTMENT OF
+• A ENVIRONMENT AND NATURAL RESOURCES
IA DIVISION OF LAND RESOURCES
tiZNC�NR „ January 18, 2000
Certified Mail
;tJ AMES B.HUNT JR.`
- 1, R q Return Receipt Requested
xY
iGaPHU
.J Mr. Jim Spigner
Oglebay Norton Specialty Minerals, Inc.
WAYNE MCDEVI P.O. BOX 729
{`.SECRETARY, f Kings Mountain, North Carolina 28086
+ al J E RE: Moss Neisler Mine
Permit No. 23-03
Cxp LOS H.GAMOxES
- ,-.�. . .-. Cleveland County
V,P.G.•P.E.DIRHCTGR-
_MO-STATEGEOlOO1STy Broad River Basin
fit. �1
Dear Mr. Spigner;
We have reviewed the transfer request your company submitted for
+� the above referenced mine site. However, the following information is
=i needed to continue processing your application:
1 1 . The mine map has not been updated to show the areas that
were released on May 12, 1999. Please revised the permit
I 4,
- boundary so that it does not include these areas. These
it
areas are located on the Neisler Mines No. 1 , No. 2 and No.
3. Please also show the location of the gas line near
Concept Drive.
2. Please label the thick red line on the Archdale West Mine
Map.
y� 3. Your company's permitted acreage is 748.7 and the amount
• - 'y: of land you company is allowed to disturb at this site is
272.7 according to the partial release letter that was granted
•- :.L--�` �" on May 12, 1999, Your company is asking to transfer 749
acres but wants to disturb 378 according to the bond
calculation worksheet submitted with the transfer request.
Please clarify this. Any addition acreage that you wish to
affect will constitutes a modification request. If you are
clarifying and updated the existing acreage, please state this.
t241111 It" '4; pI • - D QUALITY SECTION (9191793-457C FAX CO19173] 23T6
} � ' 91j ('�+ GBDLDc uL[unv6V SECTION (91 5)79 3-2623 FAX [phone]
EC .4�`ry P.O.POP
AN EQUAL Rq[IGM. ITY NORTH
1ACexOLm VE 761 ACTION
EM TELEvx50% RE 91T33-3S33 F>X (819) ]15.39p1
px EQUAL O[rogTVxpY/ppplxmwTiv[AviON ExvbVEq-SO% NecvaEo/1 O% eosY-covgux
[q pr.P[n

Certified Mail
Mr. Spigner
Page Two
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, 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,
J. wj�
Judith A. Wenner
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Doug Miller, P.E.

Z 297 831 41,9
US PosmI wlw
Receipt for Certified Mail
No Insurance Coverage Provided.
Do nol use for lntemational Mail See reverse
Spmlo
Street n Ropmer
Post 011lce.State,a ZIP Code
Postage $
Cenifatl Fee
Spetlal Dtlirere Fee
ReeNcteJ DeWery Fee
m Room Reeapl Showing to
m Mom 6 Dab nebwome
Raem Remq SaKgroWran,
Oa1&dapesabekaeane
WT JkL Postage 6 Fees $
PoeenaMor Deb
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v
Slick pastago Mamma to article be rover Rrsttlaae postage,ca ftd mall lies and
charges Im any mkcled optional services(see ymnif.
1. If you Wish this receipt pasomanced. mock Me gummM sue to the eight d Me Mum
address leaving Ma mzipl attached, and pi the &i at a been Wee service
window or hard tt to Our meal camer(ro extra charge). he
2. It you do not%owl this remipt pwrmahed,adck the gummed stub to me rghl of the a
return addrew d the ancle date,de elt and onto Me receipt.ON MU Me stole.
3. d you ward a return recap,write the comilwd may number and your name and aMmaact
on a realm recipt ram.Form 3811.aM II it IQ the kont M Me sued by means Of me
gumMM ends tt sped permb.S. I>Merxhe,allx to back d snide. Endowelydm d arlide
RETURN RECEIPT REMESTED adjawnlfi the number.
4. If you want delivery reeldnM m the addressee,or to an awarni agent of the p
edtessee,endorse REMMICTED DEWERY onto form d Me snide. e
5. Enter are at to unite requat in the appropriaw spaces M the front of Ids
wveipL If realm receipt is re mm,Merl.Me applipbk Uncle in item 10 Form 381I.
l
6. Ravellti5receiptandpmsTtkilyoumake Mirpuiry. 102591 CONS 6

Q cc 10 /014rr� _
ao7�'
00 _
�'aaur .:, : : - 'mica f1lCt

4- 9

FRANKLIN INDUSTRIES INC.
December 7, 1999 GENERAL OFFICE
612 TENTH AVENUE, NORTH - P.O. BOX 23062 ZIP M02
NASHVILLE, TENNESSEE 37203
PHO - 22 FAX 615-r2&2683
L1[jjj'
/1
North Carolina Department of Environment and Natural ResourcLand Quality Section 3 1999P.O. Box 27687 Raleigh, NC 27611-7687Attention: Tracy Davis
Re: Mining Permit No. 23-03
Dear Mr. Davis:
This letter is to inform you that Franklin Industries Inc. ("Franklin") has sold the assets
relating to its mica business in North Carolina to Preston Capital Corporation. It is our
understanding that Preston Capital Corporation intends to assign the mica business to Oglebay
Norton Company. Franklin had been operating the Moss-Neisler Mine, the Hawks Mine, and the
Archdale Tract in Kings Mountain,Cleveland County,North Carolina,under Mining Permit No. 23-
03. As of 1 1:59 p.m-Central Standard Time on November 30, 1999, Franklin is no longer operating
these mines.
']'hank you for your attention to this matter.
Very truly yours,
FRANKLIN INDUSTRIES INC.
By:
i-kitAichael Duncan
Secretary

-1�DATE TO ASSISTANT DATE TO
LOGGED IN
,,lJ M INlING CHECKLIS! FOR ROUTING 11�
Company AN✓F�tU- .FM ea.� //U Project Name MOiD �.9(a &-
Permit No. 93-03 County 4 Date Received 11liki
Reviewer ( JI"LIA
Please make copies of check to include with Central office and
Field Office files and log in checks.
* ❑ New ❑ Renewal ❑ Modification _2 le Transfer ❑ Release
❑ Additional Information ❑ Fee Needed
❑� Fee Received: Amount Sn
Please route to:
`.❑� M�nnLa44 . Field Office Date Routed
i _ ❑ ..
Wildlife Resources Commission Date Routed
* ❑ Archives and History Date Routed
l�,. . ❑' Other: Date Routed
Suspense Date for Comments: (Date received +30 days,
/ IG
not on weekend) /
.LJ Please note the following:
.T
*SUSAN: Please make file and return Checklist and file to Reviewer
White Copy to Field Office Yellow and Pink Copies to File Goldenrod Copy to Susan

• 1
_. ._

DETACH AND RETAIN THIS STATEMENT OC.LERAY NORTON 102Q .¢[.7p OCIMPANY NO. 072697
1100 SUPER-TOR AVENGE
STATEMENT OF REMITTANCE CLEVECAD CH 44114-2598 CHECK DATE 12/02/1999
VOUCHER INVOICE DATE INVOICE NUMBER INVOICE AMOUNT DISCOUNT PAID AMOUNT
001-1999-12-00005 12/02/1999 PER= FEES 50 .00 .00 50.00
I
VENDOR NO, 25036 CHECKNO. 072697 TOTALS 50.00 .00 50.00

Oglehay Ndn* i,g21a,Inc • L /IU
210 Flo
�^ reriorAvevem
Cleveland.Ohio 44114Q399 IUtQ�V�fr^�N
OOlrewY NONYON
•n[uur Nu[wu• TEL 21&394330a
FA%m8-B81-2B8]
December 2, 1999 IIVL_11Iu(III DEC 0 71999 U
By
Mr. Tracy Davis
North Carolina Department of Environment and Natural Resources
Land Quality Section
P.O. Box 27687
Raleigh, N.C. 27611-7687
Subject: Transfer of M ining Permit to New Owner
Oglebay Norton Specialty Minerals, Inc.
Moss-Neisler Mine, Permit Na. 2303
Cleveland County
Dear Mr. Davis:
Oglebay Norton Specialty Minerals, Inc. has purchased the Kings Mountain mining and processing operation
known as Franklin Industrial Minerals identified and permitted as Moss-Neisler Mine, Permit No. 23-03 in
Cleveland County. The sale resulted in ownership being transferred from Franklin Industries Inc. to Preston
Capital Corporation, who then transferred ownership to Oglebay Norton.Oglebay Norton Specialty Minerals,
Inc. is now the owner and operator effective December I, 1999 and accepts any and all responsibilities and
liabilities with respect to the NC Mining Act of 1971. Pages I - 3 from the application form, mine map, land
entry agreement, reclamation financial assurance instrument and $50.00 processing fee are enclosed. The
official person and address to receive correspondence and notices is:
Glenn R. McCloskey, PE
General Manager
Oglebay Norton Specialty Minerals, Inc.
P.O.Box 729
Kings Mountain,NC 28086
Please transfer the mine pennit from Franklin Industries Inc.10 Oglebay Norton Specialty Minerals, Inc. If any
further information is needed please contact Jim Spigner at 704-734-3516. Thank you for your assistance and
attention to this request.
Yours truly yours,
John J. Kim,Jr.
Secretary and Senior Counsel
set Ken Pavlich, Oglebay Norton Specialty Minerals, Inc.
J. Michael Duncan, Franklin Industries
Glenn R. McCloskey, Oglebay Norton Specially Minerals, Inc.

•
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine MOSS - NEISLER MINE County Cleveland
2. Name of Applicant* OGLEBAY NORTON SPECIALTY MINERALS, INC.
3. Permanent address for receipt of official mail** P. 0. Box 729, Kings Mountain, North Carolina
28086
Telephone (704) 739-3616
4. Mine Office Address P. 0. Box 729, Kings Mountain, North Carolina 28086
Telephone (704) 739-3616
5. Mine Manager Glenn R. McCloskey
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 to revoke the
permit.
i
***Signature c-• Date 12-2-99
Print Name JOHN J. KIRN, JR.
Title - SECRETARY AND SENIOR-. COUNSEL
• This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond (cee�1 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 complpt 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.

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 o 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):
Of this acreage, how much is owned and how much is leased? Acres owned: Acres
leased: Property owner if leased:
b. If this is an application for RENEWAL of a mining permit, indicate the minim 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 mining permit number
and the total (overall) acreage covered by the existing permit: Mining Permit No.: 23-03
Total permitted acreage: 749
■ 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. Indicate the approximate longitude and latitude, in degrees-minutes-seconds, of the center of the mine
site: LONGITUDE (dd-mm-ss).. 35 -_ 11 -- 30 Quadrangle: Grover
LATITUDE (dd-mm-ss): 81 -- 24 -- 30 River Basin: - Broad
3. Name of all materials mined: —mica, feldspar, clay, quartz
-2-

0
Item 4-8 already on file for permit No. 23-03.
APPLICATION FOR A MINING PERMIT Transfer of ownership only.
4. Mining method: Hydraulic Dredge Front-end Loader & Truck Shovel & Truck
Dragline & Truck Self-loading Scraper Other (explain)
5. a. Expected maximum depth of mine (feet) Reference elevation:
b. Expected average depth of mine (feet)
6. Has any area(s) at this site been mined in the past? Yes No If no, proceed to Question 7.
a. Acreage of previously affected land(s) at present site that has not been reclaimed:
acres (identify all areas on your mine map(s)).
b. When and by whom was this activity conducted?
c. Acreage of previously affected land at present site that has been reclaimed: acres
(identify all areas on your mine map(s)).
d. When and by whom was this activity conducted?
e. Do you wish to exclude any areas noted in 6a or c from this permit application?
Yes No . If yes, how much? acres (identify all areas on your mine map(s)).
7. Present (pre-mining) use of the land (estimate acreage for each):
Cropland acres Pasture acres Forestry acres Fish/Wildlife acres
Recreation acres Other acres (Specify use: )
8. Proposed land use after mining and reclamation has been completed (estimate acreage for each):
Cropland acres Pasture acres Forestry acres Fish/Wildlife acres
Recreation acres Other . acres (Specify use: )
9. Number of years for which the permit is requested (10 years maximum): 10
B. MAPS
1. Four (4) copies of the county highway maps and four (4) copies of all mine maps and reclamation
maps shall be submitted with each permit application.
County highway maps may be obtained from:
Location Department
State Highway Commission
Raleigh, North Carolina 27602
[phone]
Clearly label and mark the location of your mining operation on the county highway maps.
9111s **County maps not required and only two (2) copies of mine and reclamation maps
required per Tracy Davis.
-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 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 m
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 / 'l. Signature
GLEBAY ! RION SPECIALTY MINERALS, INC.
Print Name: JOHN_ J .. KIM,-JR• Print Name: JOHN J. KIRN,. JR. -
Address P. 0. Box 729 Title: SECRETARY AND SENLOR COUNSEL
Kings Mountain, N. C. 28086 Company: Oelebay Norton Specialty Minerals ,Inc
Telephone (704) 739-3616 Mine Name: Moss - Neisler Mine
'Signature must be the same as the individual who signed Page 1 of this application.
Four (4) copies of the completed application four (4) copies of all mine mays and reclamation maps and
the appropriate ymcessine fee (see next page for fee schedule) in the form a check or money order
Payable to the Nprth Carolina De artment of Environment and Natural Resources must be sent to the
band OuaH v 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-

APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a
range of$500 to $5,000 per affected acre)for each permitted mine site based upon the acreage approved
by the Department to be affected during the life of the mining permit.
Please insert the approximate acreage, for each aspect of the mining operation. that you intend to affect
during the life of this mining permit_lin addition, please insert the appropriate reclamation costlacre for
each category from the Schedule of Reclamation sts provided with this application form):
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE COST
Tailings/Sediment Ponds 99 Ac. X $ 1,500 /Ac. = $ 1482500
Stockpiles 32 Ac. X $ 1,800 /Ac = $ 57,600
Wmtepiles 70 Ac. X $ 2,000 /Ac = $ 140,000
Processing Area/Haul Roads 55 Ac. X $ 2,oao /Ac = $ 110,000
Mine Excavation 122 Ac. X $ 500 /Ac. _ $ 61,000
Other Ac. X $ /Ac. _ $
TOTAL AFFECTED AC.: 378 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, measures will
be needed to prevent offsite sediment.
a) Internal Drainage 378 Ac.
b) Positive Drainage Ac. X S1500 / Ac. _ $
SUBTOTAL COST: $ 517, 100
Inflation Factor:
0.02 X SUBTOTAL COST: $ 10,342 X Permit Life (1 to 10 years): 4
INFLATION COST: $ 41,368
TOTAL COST = SUBTOTAL COST + DYFLATION COST = $ 558,468
TOTAL RECLAMATION BOND COSTt = $ 500,000
(round down to the nearest $100 . 00)
-15-

oBioexv n010011 Pity mm„rm: •
PO.By,)49 ._�_.v._..._....... _..., _.
BattleamUnd NC ' RECEIVED
OM Kings.rtno��m., nc aW9oH6 Bs
SPECIALTY x,x Ena Ls FAX 70-73 78M DEHNR
FA%)W-039JBA9
..w.oeieearnrmn.Yom
December 6, 1999
LAND QUALITY SECTION
Mr. Tracy Davis rLtv+• p',
North Carolina Department of Environment and Natural Resources
Land Quality Section
P.O. Boa 27687
Raleigh, N.C. 27611-7687
Subject: Transfer of Mining Permit to New Owner
Mine Maps Enclosure
Oglebay Norton Specialty Minerals, Inc.
Moss-Neisler Mine, permit No. 2303
Cleveland County
Dcar Mr. Davis:
Oglebay Norton Specialty Minerals, Inc. has purchased the Kings Mountain mining and
processing operation known as Franklin Industrial Minerals identified and permitted as Moss-
Neisler Mine, Permit No. 23-03 in Cleveland County. The request For transfer, related forms and
bond have been sent to your attention Iran the Oglebay Norton, Cleveland, Ohio coiporate
office. The mine maps enclosure was not included and is enclosed with this letter. please let me
know if you need any further information. Thank you again Por your assistance.
yours Truly,
YAW .%- / 7
Jim Spigner
Environmental, Safety and I-Icalth Supervisor
Oglebay Norton Specialty Minerals, Inc.
[enclosure
CC: Ken Pavlich, Oglebay Norton Specially Minerals, Inc.
John Kirn, Oglebay Norton

Fli
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Michael F, Easley, Govemor
Director and State Geologist William G. Ross Jr., Secretary
March 7, 2007
ZEMEX Industrial Minerals
1469 South Battleground Avenue
.. Post Office Box 729
Kings Mountain,North Carolina 28086
RE: Moss•Neisler Mine (Permit # 23-03)
Cleveland County, N.C.
Dear Sir or Madam:
Attached is a copy of our report documenting an inspection recently conducted at a mine site for
which our records show you to be responsible. The inspection was performed under the
provisions of North Carolina General Statute 7456 of the Mining Act of 1971.
Please review the report carefully and note any problems or deficiencies documented by the
inspector. Furthermore, please note any recommendations and/or specific corrective actions
required to correct any deficiencies that may be listed.
The responsibility for understanding and complying with the terms and conditions of your
mining permit and the Act lies with you.
Please do not hesitate to contact this office if you have any questions concerning the attached
report.
Your cooperation is appreciated.
Sin crely,
Steve H. Kelly, P.E.
Assistant Regional Engineer
Attachment ( MAR 12 2007
QCc> Floyd'Williahl's; PG — Min ngSpecialist !^! I'Y SAC -
CW/ae
l loaresvi!!e Regional Office
tit0 tes' Center rwern,a, Site 10'1, Monrns'dilie. fJxlh Carolina 28115 °hrrt 704-G 16991 FAX 70�I-tri8-ROAD

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. Mine Name: Moss-Neisler Mine 2. Mining Permit #: 23-03
3. Operator: ZEMEX Industrial Minerals 4. County: Cleveland
5. Address. 1469 S. Battleground Ave. PO Box 729, Kings Mountain, north Carolina 28086
6. Permit Expiration Date: 04/05/2015 7. River Basin: Broad
8. Person(s) contacted at site: Michael Tonelis, Plant Manager
9. Was mine operating at time of inspection? N Yes ❑ No 10. Pictures? ❑ Yes ® No
11. Date last inspected: 05/25/2004 12. Has mining occurred 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 oft'site damage? ❑ Yes N No
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 f/- map accurate? ® Yes ❑ No (Explain) ❑ Not Reviewed
19. Follow-up inspection needed? ❑ Yes ® No Proposed date:
20. Number of additional pages of Inspection Report: 21. Date report sent to operator: 03/07/2007
Inspected by: C6a4i Whaley Steve Kelly Date: 03/06/2007
Telephone No: 704-663-1699
Copy to file Copy to operator Copy to Mining Specialist