23-03_4_Redacted

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
J� r :�� 1
b DIVISION OF LAND RESOURCES
r( twv,� ,'�
May 12, 1999
rp; CERTIFIED MAIL
i�""M°'a "°"T'a RETURN RECEIPT REQUESTED
GOYERNOP
t,-1"' _ Mr. Jim Spigner
' 7 Franklin Industrial Minerals
P.O. Box 729
WAYNE MCOEYIVI '
Iu¢gase<as:AgY, .; Kings Mountain, North Carolina 28086
' 1 Re: Moss-Neisler Mine
Permit No. 23-03
+CHANLIBWGI I"' Cleveland County
Broad River Basin
.ANO bT(�AT6 GGOLOOIBT
"4F
Dear Mr. Spigner:
d •+ '•., ' An inspection was made of the above mine on April 8, 1999 in
1 accordance with G.S. 74-56 of the Mining Act of 1971 .
Tract No. 1 (34.2 acres), Tract No. 3 (52.7 acres), Tract No. 4
I F (24.1 acres), and Tract No. 5 (41 .2 acres) at the Moss-Neisler Mine, as
:1 shown on the 1998 Neisler Release Map dated May 15, 1998, have been `
found to be satisfactorily reclaimed. Therefore, your company is hereby
released from further reclamation responsibility for these tracts with
k respect to the Mining Act of 1971 . For clarification purposes, it appears
that Tract No. 2 (48.7 acres) has been previously removed from the
� �. permitted and affected acreage covered by this mining permit.
— s� -
As a reminder, your company's permitted acreage is now 748.7
acres and the amount of land your company is allowed to disturb at this
• M, site is 272.7 acres.
Ail
IN
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LAND QUALITY SECTION ( 19) 339574 FA%1919)9a3 ]RD6
^ 3 Ii GEotoc cac SURVEY SECTION(019)7393423 FAX [phone]
V 4 P.O. BON 27687o RALEIGH,
PPOAYNITY I ACggouxAP611N EMPLOYER
OYERTELEPHONEO%13191133.383E % (919) ER715-4300
PAPI1
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Page 2
Thank you for your cooperation in this matter.
Very truly yours,
tl
Charles H. Gardner, P.G., RE.
CHG/jw
cc: Mr. Doug Miller, P.E.
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- NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT-AND NATURAL RESOURCES
.0
DIVISION OF LAND RESOURCES
ArT,
NCDENR.
November 19, 1998
JAM$8 B.FlUNTJR.
GOVERNOR Mr. Glenn R. McCloskey, P.E.
Franklin Industrial Minerals
:, P.O. Box 729
Kings Mountain, North Carolina 28086
WAYNH'MCDEVITr.j
SECRETARY ;? •
RE: Permit No. 23-03
• �.;: ' Moss-Neisler Mine
Cleveland County
' Broad River Basin
CHARLH3 H.GARDNERF
P.G:,P.E.DIRECTOR:
' Dear Mr. McCloskey:
GI AND STATE GEOL0613T'L
y' � '7•.. Your recent request to conduct one or two test shots in the Hawks
.r: Pit, as indicated on the 8 '/2 by 11 inch section of the mine map received
,a I by the Land Quality Section on October 15, 1998, has been approved.
T�.A This approval is contingent upon the following: 1) the test shall be limited
to no more than two shots, 2) the enclosed blasting conditions shall be
} ` followed for the test shots , and 3 the blasting consultant shall submit to
this office two copies of all seismograph recordings and blasting records,
including any conclusions made, for the shot(s) shortly after completion of
the test.
�5 Please be aware that if your company decides to request a
.. :: # modification to the mining permit to incorporate blasting into the mining
operation after analysis of the test, you will be required to conduct the
_ meeting as described in Ms. Judy Wehner's additional information letter
dated October 19, 1998.
Please attach this approval letter and its enclosure to your existing
mining permit for future reference. The expiration date, mine name and
, Lt.
Al d
permit number on the permit document shall remain the same as before
this modification.
LAND QUALITY SECTION (91 91 733-4574 FAX[phone]
GEOLOGICAL SURVEY SECTION(9191 733-2423 FAX[phone]
P.O. Box 27687, RALEIGH, NORTH CAROLINA 2761 1-7687 TELEPHONE[phone] FAX[phone]o1
aaN ny If AN EQUAL OPPORTUNITY i AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/10% POST-CONSUMER PAPER

o 0
Mr. McCloskey
Page Two
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 901 acres and the amount of
land you are approved to disturb is 425 acres.
Please contact me at [phone] should you have any questions concerning
this matter.
Sincerely,
!f
Charles H. Gardner, P.G., P.E.
CHG/jw
Enclosure: Blasting Conditions for Test Shot(s)
cc: Mr. Doug Miller, P.E.
Ms. Barbara Rote-WRC
Mr. Bradley Bennett-DWQ

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 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
operator shall monitor each blast with a seismograph.
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
vibrationlairblast 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 to report
will constitute a {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:

A A
Page 2
I. A thorough investigation.as to the cause(s) of the incident shall
be conducted.
2. A satisfactory report detailing the investigation shall be provided
to the Department within 10 days of the incident. Said report
shall, at a minimum, 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.

nb6 UST
State of North Cara
r Department of Environment,
Health and Natural Resources 1 •
Division of Land Resources
lk
s
James B. Hunt, Jr., Governor ID FEE N R
Jonathan B. Howes, Secretary
Charles H. Gardner, P.G.. P.E.
Director and State Geologist
March 10, 1997
Mr. Glenn R. McCloskey. P.E.
Franklin Industrial Minerals
KMG Division
P. O. Box 729
Kings Mountain, NC 28086
RE: Permit No. 23-03
Moss-Neisler Mine
Cleveland County --
Broad River Basin
Dear Mr . McCloskey:
Your recent request to have the above referenced mining
permit modified has been approved. The modification is 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 . A copy of the modified permit is
enclosed.
The conditions in the modified permit were based primarily
upon_ the-initial application__ Modifications were made as
indicated by the modification request and as required to insure
compliance with The Mining Act of 1971 . The expiration date,
mine name and permit number shall remain the same as before the
modification.
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 901
acres and the amount of land you are approved to disturb is 425
acres.
Geological Survey Section Land Quality Section Geodetic Survey Section
[phone]. [phone] [phone]
FAX: [phone] FAX: [phone] FAX: [phone]
P.O. Box 27687.Raleigh.North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal OppodunBy Atifl ive Action Employer 50%recycled/ 10%posl-conwmer paper

Mr. McCloskey
March 10 , 1997
Page 2
Please review the modified permit and advise this office at
( 919) 733-4574 should you have any questions concerning this
matter.
Sincerely,
Charles H. Gardner, P.E. , P. G.
TED/tls
Enclosures
cc: Mr. G. Douglas Miller, P.E.
Ms . Barbara Rote--WRC, w/enclosures
Mr. Bradley Bennett-DWQ, w/enclosures

. D EPARTMENT OF ENV=RONMENT �
HEALTH AND NATURAL
RESOURCE S
L7=V= S=ON O F LAND RESOURCE S
' LAND QUAL 2 TY S ECT 2 ON
P E R M = T
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:
Franklin Industries , 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

® ® Page 2 of 10
In accordance with the application for this mining permit, which
is hereby approved by the Department of Environment, Health and
Natural Resources hereinafter referred to as the Department, and
in conformity with the approved Reclamation Plan attached to and
incorporated as part of this permit, provisions must be made for
the protection of the surrounding environment and for reclamation
of the land and water affected by the permitted mining operation.
This permit is expressly conditioned upon compliance with all the
requirements of the approved Reclamation Plan. However,
completed performance of the approved Reclamation Plan is a
separable obligation, secured by the bond or other security on
file with the Department, and may survive the expiration,
revocation or suspension of this permit.
4
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 .
Se-ptember 20 , 1981 : This permit has been renewed and transferred
from Kings Mountain Mica Company, Inc. to KMG Minerals, Inc.

® Page 3 of 10
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 .
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 . Wastewater and Quarry Dewatering
A. Any wastewater processing or mine dewatering shall be
in accordance -with the permitting requirements and
rules promulgated by the N.C. Environmental Management
commission.
B. Any stormwater runoff from the affected areas at the
site shall be in accordance with any applicable permit
requirements and regulations promulgated by the
- - --------------Env r-onmenta--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 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.

® Page 4 of 10
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 wetland from erosion of the affected
land and to preserve the integrity of the natural
watercourse or wetland.
AA 4
C. Buffer zones on the Archdale Tract shall be as
indicated on the mine map last revised February 11 ,
1997 .
D. A minimum 100 foot undisturbed buffer zoneshall be
ro
of
maintained on the Hawks_Tract between any affected land
J'+'_o�o and any adjoining property line, waterway or wetland to
prevent off-site sedimentation.
11
E. A minimum 25 foot wide undisturbed buffer shall be
maintained between the Overburden/Schist Wastepile
Area, including its associated erosion and
sedimentation control measures , and the eastern permit
boundary.
F. An undisturbed buffer zone of 25 feet along both sides
of the gas line 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 erosion and sedimentation control measures for the
Moss-Neisler Tract shall be installed and maintained as
�{.,.lS indicated on the revised Moss-Neisler Mine Maps, Sheets
'Q� 1 through 17 , dated March 9 , 1994 .

® . Page 5 of 10
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 spillways
shall be provided and maintained, as necessary, to
control surface drainage on the fill area between the
plant area and Interstate Highway 85 .
E . All erosion and sedimentation control measures for the
Archdale Tract shall be installed and maintained as
\\ indicated on the Archdale Mine Maps last revised
tl✓ February 11, 1997 .
F . All erosion and sedimentation control measures for the
Hawks Tract shall be installed and maintained as
indicated on the Hawks Mine Map dated February 1996 .
G. 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 plans 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
disposal areas .
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 may cause off-site damage
because of siltation , shall be planted or otherwise provided
with groundcover, devices or structures sufficient to
restrain such erasion.
7 . Surface Drainaae'
The affected land shall be graded so as to prevent
collection of pools of water that are, or likely to become,
noxious or foul . Necessary structures such as drainage
ditches or conduits shall be constructed or installed when
required to prevent such conditions.

® Page 6 of 10
B . Blasting
lLoo blasting activities shall be conducted at this site until
a modification request to allow such activities has been
submitted to and approved by the Department.
9 . High Wall Barrier
A physical barrier consisting of large boulders placed end-
to-end, vegetated earthen berms, or fencing ( 4 strand barbed
wire, a minimum of 4 feet in height) shall be maintained at
all times around the perimeter of any highwall to prevent
inadvertent public access .
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. Visual screening on the Moss-Neisler Tract shall be
provided as indicated on the mine map titled "N.C .
Mining Permit No. 23-3 Renewal" last revised February
7 , 1992 .
�v+ C . Visual screening on the Archdale Tract shall be
provided as indicated on the Archdale Mine Map last
revised February 11 , 1997 .
O,'K`1 D . Existing vegetation or vegetated earthen berms shall be
maintained as indicated on the Hawks Mine map dated
February 1996 to screen the mine from public view.
Said berms shall be constructed a minimum 5 foot high
- - - -- ----with-a -l6-foot-top-width-and-minimum-2- hor-izontal--to-1-- -- ----
vertical or flatter sideslopes.
E. In addition to grasses, loblolly and/or Virginia pines
or other acceptable species shall be planted as deemed
appropriate by the Department to improve visual and - -
noise buffering.
11 . Plan Modification
The operator shall notify the Department in writing of the
desire to delete, modify or otherwise change any part of the
mining, reclamation, or erosion/sediment control plan
contained in the approved application for a mining permit
and any approved revisions to it. Approval to implement
such changes must be obtained from the ➢epartment prior to
on-site implementation of the revisions .

® Page 7 of 10
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, Health 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.
13 . Annual Reclamation Report
An Annual Reclamation Report shall be submitted on a form
supplied by the Department by February 1 of each year until
reclamation is completed and approved.
14 . Bonding
The security which was posted pursuant to N.C.G. S. 74-54 in
the form of a $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 8 of 10
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the
performance of which is a condition on the continuing validity of
that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the
terms of the Mining Permit.
The approved plan provides:
Minimum standards As Provided By G.S. 74-53
1 . The final slopes in all excavations in soil , sand, gravel
and other unconsolidated materials shall be at such an angle
as to minimize the possibility of slides and be consistent
with the future use of the land.
2 . Provisions for safety to persons and to adjoining property
must be provided in all excavations in rock.
3 . All overburden and spoil shall be left in a configuration
which is in accordance with accepted conservation practices
and which is suitable for the proposed subsequent use of the
land.
4 . No small pools of water shall be allowed to collect or
remain on the mined area that are, likely to become noxious,
odious or foul .
5. The revegetation plan shall conform to accepted and
recommended agronomic and reforestation practices as
established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service .
6 . Permittee shall conduct reclamation activities pursuant to
—. the-Reclamation. -Plan-herein incorporated— These activities.
shall be conducted according to the time schedule included
in the plan, which shall to the extent feasible provide
reclamation simultaneous with mining operations and in any
event, provide reclamation at the earliest practicable time
after completion or termination of mining on any segment of
the permit area and shall be completed within two years
after completion or termination of mining.
RECLAMATION CONDITIONS:
1 . Provided further, and subject to the Reclamation Schedule,
the planned reclamation shall be to allow the mine
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 .

+ ® , Page 9 of 10
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 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.
C. The side slopes to the lake excavation shall be graded
to a 3 horizontal to 1 vertical or flatter above the
water level and 1 1/2 horizontal to 1 vertical or
flatter 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. and B.
H. The affected land shall be graded to prevent the
__col lection of_ noxious__or_foul,.water.
3 . Revegetation_ Plan:
After site preparation, all disturbed land areas shall be
revegetated as per the Reclamation Plan approved 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.

® • Page 10 of 10
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 , and transferred
in its entirety to Franklin Industries , Inc . October 14 ,
1994 , is hereby modified this loth day of March, 1997
pursuant to G .S. 74-52 .
By:.
r
Charles H. Gardner , Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment, Health and Natural Resources

SCHEDULE " All
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Revlmd Soak DwgN I Rev.

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EXISTING PERMIT NO . 23 0
NO. DATE REVISION 4&FRANKLIN INDUSTRIAL MINERALS
1) 9 19 98 1997 — Redamction Report (MPT) 1" = toa'
MINE
2} 1 /25/99 1998 — Reclamation Report (MPT) �.*� 1/19/97 MAPPINGM.P. Tanelas
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/ EXISTING PERMIT NO. 23-03
NO. DATE REVISION FRANKLIN INDUSTRIAL MINERALS
1 ) 1/20/98 1997 - Reclamation Report (MPT) 1$0 = 1W 10 M. oe nr er
2) 1 /26/99 1998 - Reclamation Report (MPT) 1/28/97 MINE MAPPING M.P. Tonelis
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EXISTING PERMIT N©. 23-03 � " G, ,
Fence Line s y
NO. DATE REVISION FRANKLIN INDUSTRIAL MINERALS
1) 1 Z19 98 1997 — Reclamotion Report (MPT) >M 1" = 100'
� m
2) 1 /25/99 1948 — Reclamation Report (MPT) w+e, 1/26/97 MINING MAPPINGM"P. Tonelis
3) MOSS MINE No. 1 & No . 2
4)
9 MINING ACTIVITY

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Mine Shall Be Dewatered
Through Sediment Basin - t 1998/1999
1998/19�9 0re 0 Ac. + /�ile / i/ LEGEND
■ 1 . a° _ �\ MINE AREA m i _ r
Overburden Schist
Wcstepile Area :• m PROPERTY LINE
1 G.O AC. +/— MINE ACTIVITY
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EXISTING PERMIT NO. 23-03
NO. DATE REVISION FRANKLIN INDUSTRIAL MINERALS
1 ) 1 19 98 1997 - Reclor.)ation Report (MPT) acau 1 = IO0
oxawe+ er
2) 1 25 99 1998 — Reclamation Report (MPT) 1 21 97 MINE MAPPIN M.P. TONEUS
3
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5)
s 1998 MINING ACTIVITY 164994801

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09:69 APR 29, 1999 I➢: NC DENR• TEL N0: 704-663-6040� 40252 PAGE: 12
NC Department Mooresville Regional Office
919 North Mein Street
of Environment and Phonesville, North Carolina 25115
Phone: [phone]
Fax 704,6604D
NCDENR Natural Resources Web note 11mm enrr state nc us/
From:
Sender: JONATHAN HARTWIG
Phone: [phone]
Fax: [phone]
Sent Thursday, Apr 29, 1999 9 : 56 a.m
To:
Company:
Fax: [phone]
Please deliver to: p U 'J''I��
NCCENR-Raleigh //�y�� ��''��' V gbd-- �
Number of pages (including cover): 2
Message:
Tracy,
Enclosed is a memo regarding Franklin Industrial Mineral ' s
23-03) release request. Please contact me if you need additi
onal information.
Jon

09:59 RPR 29. 1999 ID; NC DENR TEL NO: 704-663-6040 Q252 PAGE: 2/2
MEMORANDUM
TO: Tracy Davis (fax)
FROM: Jonathan Hartwig
DATE: April 29, 1999
SUBJECT: Franklin Industrial Minerals (FIM) release request (23-03)
On April 8, 1999 Steve Allred and I met with Jim Spigner and conducted an inspection of the areas
F1M was requesting release (per J. Spigner's letter of 1/29/99). We found all areas have been
satisfactorily reclaimed and should be released. We also inspected tracts#I and 42 to which Mr.
Spigner refers to in the same letter. He requested we check our records to make sure these tracts
have also been released. If they have not, we found them to be satisfactorily reclaimed and releasable.
Please contact me if you have any questions.

DATE TO ASSISTANT O 16 4q . DATE TOWSAN
LOGGED IN ple
1I. II MINING CHECKLIST FOR ROUTING
Company ✓MA Ml_ �✓W�lfb�A�Ca./l' Project Name
Permit No.� county 1 10/ Date Received
Reviewer !// /1 1))Le�ej
/
Please make copies of check to include with Central Office and
Field Office files and log in checks.
* ❑ New ❑ Renewal ❑ Modification ❑ Transfer MRelease
❑ Additional Information ❑ Fee Needed
❑ Fee Received: Amount
Please route to,:'',/©/ �Field Office Date Routed C2
❑ Wildlife Resources Commission Date Routed
* ❑ Archives and History Date Routed
❑ Other: n Date Routed
Suspense Date for Comments: A SnY (Date received +30 days,
not on weekend)
Please note the following: �J n
q #�7) /�kXP�N) +
n
�fy 'mj /lY fJOU r�.�il .
*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

FRANKLIN INUUSTRIA&INERALS S
©O
1469 S.BATILEGPOONO AVE.•P.O.BOX 720
KINGS MOUNTAIN, NC 28066
PHONE [phone] FAX[phone]
January 29, 1999t „/ ,tw•
Tracy Davis
Land Quality Section - DENR FEB 011999 ,tf ply
P.O. Box 27687 '(
Raleigh, NC 27611 - 7687
RE: Annual Reclamation Report and Removal of Undisturbed Acreage From Bond Requirements
Franklin Industrial Minerals - 923-03
Kings Mountain, NC
Dear Mr. Davis: 11 q�/
Enclosed are two copies of the Annual Reclamation Report for 1998 and associated maps, It has V ll
been noted on 5 (D) that release from bonding requirements for 104 acres is hereby requested.
The land is undisturbed and is identified on the map titled, 1998 Neisler Release as tract 9s 3, 4
and 5. The release request on the 1998 reclamation report for tract 45 acreage did not include 14
acres which has been reclaimed and release requested in 1997. These three tracts have been
returned to the Lessor, Neisler Brothers, Inc., and will not be used for any future mining activity.
The area outlined in blue on the same map, tracks 41 and 2, was released back to the lessor in
1992. Please check the records to make sure this acreage has also been released from bonding
requirements.
Please contact me at [phone] if you need any more Information. Thank you for your
attention to these matters,
Sincerely,
J, SI
J' im Spigner
S& E Supervisor

a i
5 . List by .category the amount of land rompletelv reclaimed in 1998- and
not subject to continued use in future mining activities . Briefly
describe the reclamation work conducted and indicate if you wish to have
any of these areas released from your current bonding requirements .
Locate the outline of all such areas on your updated mine map.
`(A) TAILING' PONDS : acres . Explain :
Release Requested: Yes _ No _
(13) WASTE PILES : acres . Explain :
Release Requested: Yes No —
(C) STOCKPILES : acres . Explain :
Release Requested: Yes No
Undisturbed Land
(0) 1U WD2=V=T1XHi: 104 acres . Explain: Track numbers 4, 5 and 38.7
acres in 3 are identified on the enclosed map titled 1998 Neisler Release. This
acreage has been returned to the Lessor, Neisler Brother, Inc. , in undisturbed
condition and can be released from bonding Release Requested: Yes X No
requirements.
(E) PLANT AREA: acres . Explain :
Release Requested: Yes No
Check here if no reclamation ro=let?al in 1998 .
Person responsible for reclamation (ple/�a�/see�,, print)) : �� Glenn R. McCloskey
__
Signature of company officer/owner: �`onG< \
Title : �Geeneral Manager
Date :
FAILURE TO FILE THIS FORM BY THE DATE SPECIFIED MAY RESULT IN THE ASSESSMENT
OF CIVIL PENALTIES AND COULD EVEN RESULT IN THE REVOCATION OF YOUR MINING
PERMIT. SHOULD YOU HAVE ANY QUESTIONS, PLEASE CALL (919) 733-4574 .
2,1100 topics ofthis public document were premed at a cost of$54.80 orb 03 per copy. I1198
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ,
DIVISION OF IAND RESOURCES-LAND QUALITY SECTION

Wate of North Carina
Department of Environment and at es
Division of Land Re sou es
FE8 01 1999
A N N U A L R E C L A M A T I O , 9y R E P T
*Complete and return by F�hr�ary swp copies of this form a rlwQ
copies of an updated mine map for each permitted mining operation to:
Land Quality Section - DENR
P . O. Box 27687
Raleigh, NC 27611-7687
North Carolina General Statutes 74-55 and the Mining Regulations require that "The mine operator
shall, by Fehruary 1 of each year during the life of the permitted operation, and within 30 days
of completion or termination of mining on an area under permit, file with the Department a
PLEASE PRINT OR TYPE
Name of Mine Moss-Neisler County Cleveland Mining Permit Number 23-03
Mining Permit Expires 5-16-2004 River Basin Name Broad River
Name ofCompany/Owner on Permit Document Franklin Industries, Inc.
Mailing Address P.O. Box 729, Kings Mountain, NC Zip Code 28086
Telephone ( 704 j 739-3616 Check if change of address Nr telephone
1 . (a) If mine is now inactive , when did mining stop? Date
(b) Is this a permanent condition? Yes No
2 . List by category the amount of new land affected by mining activities in
the 1998 calendar year and locate each area on your updated mine map.
(A) TAILINGS PONDS : 0 acres . (D) MINE EXCAVATION: 11 acres .
(S) WASTE PILES : 2 acres . (E) PLANT AREA: 0 acres .
(C) STOCKPILES: 3 acres.
Check here if no new acreage affected in 1998 .
3 . Estimate by category the amount of new acreage to be affected by mining
activities in the 1999 calendar year and locate each area on your updated
mine map.
(A) TAILINGS PONDS : 0 acres. (D) MINE EXCAVATION: 4- acres .
(B) WASTE PILES : 0 acres . (E) PLANT AREA: 0 acres .
(C) STOCKPILES: 1 acres .
Check here if no new acreage is to be affectedin 1999 .
*4 . List by category the amount of disturbed and unreclaimed land at this
site at the end of the 1998 calendar year.
(A) TAILINGS PONDS : 98 acres . (D) MINE EXCAVATION: 73 acres .
(B) WASTE PILES : 34 acres . (E) PLANT AREA: 53 acres .
(C) STOCKPILES: 26 acres .
NOTE: WASTEPILES should include overburden storage/disposal areas and berms.

I
�cGE RE(6!VED
OFC 1 0 '98
01 V—U NO
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NOV-13-98 FR I 12:06 PM FRAN* I ND MIN KM FAX NO. 704-7888 P. 01
FRANKLIN INDUSTRIAL' NNERALS
Kings .Mountain Operations
P.O.Box 729
1464-S. Batdeground Ave,
Kings Mountaai,NC 28086
Mile(704)739-3616
FAX [phone]
FAX COVER SHEET
DATE NovEMBER 13, 1998
To: Company: NC DEHNR
Attention: Judith A. Wehner
FAX Number: [phone]
,Voice Number: [phone]
Number of pages incl cover: 2
Attached please find the map which we discussed. As can be seen, the
ABB and Pioneer plants are about 5000 feet from the ptoposed site and
the Eaton, Mayfair, and Polygram sites are 1.0,000 feet or more from the
site proposed. Please do not hesitate to contact me if further information
is required.
Thanks!
Glenn R. McCloskey, PE
General Manager

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RECEIPT FOR CERTIFIED MAIL
IIp immemmu"Weala P vww
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(See Reverse)
Sentb
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Street and NO.
i P O..Stan and ZIP Cade
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Of Poslage
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Dale,antl Atltlress pt OHioery
TOTAL P"tage as0 Fees S
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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front)
1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving
the receipt attached and present the article at a post office service he
or hand it to your rural carrier.
(no extra charge)
2. if you do not warnf this receipt postmarked,stick the gummed stub to the right of the return address of
the article,date,detach and retain the receipt,and mail the article.
3. If you want a return receipt,write the certified mail number and your name and address on a return
receipt card.Form 3811,and attach it to the front of the article by means of the gummed ends if space per-
mits.Otherwise,atflx to back of article. Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
4. it you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse
RESTRICTED DELIVERY on the front of the article.
5. Enter fed for the services requested in the appropriate spaces on the front of this receipt. If return
receipt is requested,check the applicable blacks in item 1 of Form 3811, t,
6. Save this receipt and present it it you make inquiry. >u.S.G.t?d.19e9-2aa-ss5

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
NCDENR ;;
z October 19, 1998
Arc,,
y.JAMES B.HUNTJR.- :b CERTIFIED MAR
-4},GOVERNOR • '
+ �a•
RETURN RECEIPT REQUESTED
Mr. Glenn R. McCloskev. P.E.
MCDEVIT I f
F SECRETARY yrM ' Franklin Industrial Minerals
Y'"y5M. P.O. Box 729
. +� Kinas Mountain, North Carolina 28086
t+�CHARI:ES H.'GARON6R Re: Moss-Neisler Mine
7 P.G.,PE:DIRIT R a r y
A{Nyt7.[S'tAy`TEGQOI.OGIM1mTr.«} Permit Na. 23-03
Jl['^L++1 ✓Y .�^,:�'-" ,. '- .:, Cleveland County
Broad River Basin
Dear Mr. McCloskey:
This letter is in response to vour request to conduct a test shot to
evaluate blastinq procedures in the area indicated on the mine mar)
3; section received by the Land Quality Section on October 15, 1998 at the
above mentioned mine site. However, the following information is
needed to continue Drocessinq vour request:
A meeting should be set up with the surrounding land owners
-� who had concerns about blasting at this site. At the meeting,
your company representatives should describe what your
company is proposinq to do and describe the procedures to be
;._ .�;�,a;;�.�-�n�•• used during the test. It is highly recommended that your blasting
consultant attend the meetinq in case technical questions arise.
Please submit a copv of the letter of invitation to the meetinq to
this office. In addition, include a list of those
individuals/companies to which the letter is sent. It is also
recommended that vour company allow enough time for those
individuals/companies ogoosinq anv blasting can hire a consultant
to monitor the test shot on their own.
F•""` ' LAND QUALITY SECTION [phone] FAX [phone]
- 'j."�•}i GEOLOGICAL SURVEY SECTION [phone] FAX[phone]
P.O.BOX 27687. RALEIGH, NORTH GAROLINA 2761 1-7687 TELEPHONE[phone] FAX[phone]
r AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/10q POST-CONSUMER PAPER

CERTIFIED MAIL
Mr. McCloskev
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 request, please forward two (2)
copies of the requested information to my attention at the following address:
Land Quality Section
P. O. Box 27687
Raleigh, N. C. 27611
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 writinq, 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,
Judith A. Wehner
Assistant State Mininq_ Specialist
Land Quality Section
JW
cc: Mr. Douq Miller, P.E.
Mr. Charles H. Gardner, P.G., P.E.

• •
Author: Judy Wenner at NROLROIP
Date: 10/19/9B 10:01 AM
Priority: Normal
TO: Charles Gardner
CC: Tracy Davis
CC: Mall Nevils
Subject: FIM
____________________________________ Message Contents ____________
I called Jim Spigner and told him what your e-mail requested they do
(set up meeting with neighbors concerning proposed test shot, etc. ) .
He said he'd let Glenn McVCloskey know what was being requested. Mr.
McCloskey will he out of town this week. I told Mr. Spigner that I
would put the request in wrriting and sent it to him.

• •
Author: Tracy Davis at NROLROIP
Date: 10/16/98 2 :42 PM
Priority: Normal
TO: Judy Wehner
CC: Tracy Davis
CC: ➢[e-mail] at Internet
Subject: Franklin Industrial Minerals Test Blast
------------------------------------ Message Contents ---__-_-__--_------_------------__--
Judy, please call Mr. McCloskey as soon as you can and convey the
information below. ADDITIONALLY, I recommend that you ask them to
send us a copy of Stuart's plans, as described in CHG's note below.
Then, follow-up in a letter (under your signature would be fine. . .it' s
like an AD1) .
Thanks !
Tracy
Forward Header
Subject: Franklin Industrial Minerals Test Blast
Author: Charles Gardner at NROLROIP
Date: 10/14/98 2:52 PM
I have reviewed Glenn McCloskey's letter of 10/5/98 to Tracy
requesting permission to conduct a test blast at their Hawks Pit.
Tracy, please call Mr. McCloskey and tell him I. suggest he set up a
meeting with his neighbors to review what they propose to do. At the
meeting, they should have Stuart Brashear review his proposed
monitoring of the test shot and his proposed modeling of production
blasts based on the test data. Please ask=McCloskey:Yon copy us. on. his
letters of invitation to his neighbors, or, if he does it by phone,
ask him to send us. a letter listing his invitees...
Also, follow up on the telephone call to him with a letter
documenting cur request.
In scheduling the meeting, he should allow.his..neighbors, enough time
to contact and bring in their own vibration consultants if they wish.
to. do-so.'
I believe McCloskey will cooperate with this request. However, if he
declines to arrange the meeting with his neighbors, ,tell him we will
make the arrangements. It would obviously be better for him to do it,
from a PR standpoint.
From my prior visit to the area a few years ago, I take it that the
Philips (?) compact. disk manufacturing siteis the main area of-
concern. Though that operation is apparently highly sensitive to
vibrations, an element for consideration is that there is at major
railroad line right across. the_state_road-from,the-plant..., Also;--I.
believe their vibration sensitive equipment has some built-in
\dampening designed-into its foundation.
Please let me know what Glenn McCloskey says.
Thanks,
Charles
J

• �
.k z�:�.

FRANKLIN INDUSTROL MINERALS •
o
146E S.BATILEGBOUNG AVE.•PO.BO%'MB
KINGS MOUNTAIN, NC 26086
PHONE(/06)706.0550 FAX(70 H]89-]688
October Q 1998 � f
�OCT 15 1998
Ms. Judy Wehner BY.
NCDENR
Land Quality Section
512 North Salisbury Street
Raleigh, N.C. 27611
Dear Ms. Wehner:
Enclosed is a map depicting the area of the Hawks Mine where the test blasts will be made (red
slash) and the closest residence in light blue block (house). The residence to the northeast is the
closest to where the shot will actually be made. The scale is 1 inch = 200 feet.
Please let me know if any more information is needed.
yS1 ccrely,.
6EE
Jim Splg
Safety Supervisor

r '
.I _

Author: Charles Gardner at NROLROIP
Date: 10/14/98 2:17 PM
Priority: Normal
Receipt Requested
TO: Mell Nevils
TO: Tracy Davis
TO: Judy Wehner
TO: [e-mail] at Internet
Subject: Franklin Industrial Minerals Test Blast
------- Message Contents -------------------------------------
I have reviewed Glenn McCloskey's letter of 10/5/98 to Tracy
requesting permission to conduct a test blast at their Hawks Pit.
Tracy, please call Mr. McCloskey and tell him I suggest he set up a
meeting with his neighbors to review what they propose to do. At the
meeting, they should have Stuart Brashear review his proposed
monitoring of the test shot and his proposed modeling of production
blasts based on the test data. Please ask McCloskey to copy us on his
letters of invitation to his neighbors, or, if he does it by phone,
ask him to send us a letter listing his invitees.
Also, follow up on the telephone call to him with a letter
documenting our request.
In scheduling the meeting, he should allow his neighbors enough time
to contact and bring in their own vibration consultant, if they wish
to do so.
I believe McCloskey will cooperate with this request. However, if he
declines to arrange the meeting with his neighbors, tell him we will
make the arrangements. It would obviously be better for him to do it,
from a PR standpoint.
From my prior visit to the area a few years ago, I take it that the
Philips(?) compact disk manufacturing site is the main area of
concern. Though that operation is apparently highly sensitive to
vibrations, an element for consideration is that there is a major
railroad line right across the state road from the plant. Also, I
believe their vibration sensitive equipment has some built-in
dampening designed into its foundation.
Please let me know what Glenn McCloskey says.
Thanks,
Charles

� I
Author: Judy Wehner at NROLR01P
Date: 10/8/98 8:58 AM
Priority: Normal
Receipt Requested
TO: Tracy Davis
'I TO: Charles Gardner
TO: Mall Nevils
Subject: Franklin Industrial Minerals
____________________________________ Message Contents ___________________--_-_______--__-_
FIM is requesting to test blast two shots at the Mss-Niesler Mine in
Cleveland County.
Doug Miller requested that we discuss this as there are some
businesses located near the mine that strongly objected to blasting.
Tracy thought this was a goad idea.
I would like to set up a time we could get together and discuss this
with Doug via telephone during the week of October 19 (several of us
will be out next week, including Doug .
Please let me know what a goad time will be. Thanks

Author: Charles Gardner at NROLR01P
Date: 10/8/98 9:40 AM
Priority: Normal
Receipt Requested
TO: Tracy Davis
TO: Mell Nevils
TO: Judy Wehner
TO: [e-mail] at Internet
Subject: Re: Franklin Industrial Minerals
------------------------------------ Message Contents ----_-_--____---_-__------------__---
Oct. 20 at 9: 30 AM or at 4:00 PM would be fine for a conference call.
Other times are available later in that week if these times won't
work.
Has FIM submitted their request in writing? If so, I 'd like to see
it. Perhaps we should go ahead now and let the adjoining industries
know, particularly Phillips (the CD plant) , so they can line up a
consultant to monitor the test shot.
Doug and I discussed this briefly yesterday. I understand from Doug
that FIM already has retained a blasting consultant.
Reply Separator
Subject: Franklin Industrial Minerals
Author: Judy Wehner at NROLR01P
Date: 10/8/98 8:58 AM
FIM is requesting to test blast two shots at the Mss-Niesler Mine in
Cleveland County.
Doug Miller requested that we discuss this as there are some
businesses located near the mine that strongly objected to blasting.
Tracy thought this was a good idea.
I would like to set up a time we could get together and discuss this
with Doug via telephone during the week of October 19 (several of us
will be out next week, including Doug) .
Please let me know what a good time will be. Thanks

0 s
Author: Tracy Davis at NROLR0IP
Date: 10/7/98 4:28 PM
Priority: Normal
CC: Charles Gardner
TO: Judy Wehner
TO: "Miller; Doug" <[e-mail]> at Internet
Subject: Re: FIM request to blast
------------------------------------ Message Contents ------------------------------------
Judy,
This is a good idea. As Doug will be out and we will be out most of
next week, can you do the following?:
1. Let Franklin Industries know what our initial concerns are with
their request—as Doug noted below.
2. Set a conference call between you, me, Mell, Doug and Charles
early the week of 10/19. �, . .(/ 4416
r- rV1
Thanks !
5•� (
T D
Reply Separator
Subject: FIM request to blast
Author: "Miller; Doug" <[e-mail]> at Internet
Date: 10/7/98 3:22 PM
Judy,
I reviewed the fax sent to you from Franklin Industrial Mineral about
test blasting to check reserves etc at their operation. This was a
very HOT issue when that permit was issued and an appeal was
filed by the neighboring industries . Most of this was settled at
CHG's level.
I would suggest that Tracy, Charles, Mell and I talk about this and
possibly get some feelers from the parties involved previously prior
to any permission being given. I have a feeling this could be a HOT
issue and needs to be closely evaluated.
Doug

FRANKLIN INDUSTRA MINERALS
401
WE B.BAT EGFOnND AVE.-PO.BOX 729
KINGS MOUNTAIN, NC 26086
PHONE poq raeaSSD FAX poq rsB-reee
October 5, 1998
Mr. Tracy Davis
North Carolina Department of Environment. Health and Natural Resource
Division of Land Resources ��� �M�
Land Quality Section
P.O. Box 27687 OCT O 7 79y ,f II
Raleigh, N.C. 27611-7687
Rh: Permit No. 23-03
Mass-Neisler, Hawks, and Archdale Mines
Cleveland County
Broad River Basin
Test Blasting - Hawks Pit
Dear Mr. Davis:
Franklin Industrial Minerals (FIM) mining permit #23-03 was modified on March 10,1997 to add
the Archdale tract and to consolidate all mining areas into one permit. Included in the
application was our intention to mine into the hard rock, which will require drilling and blasting.
Several local business managers expressed concern with the impact of blasting upon their
operations. The permit was therefore issued with operating condition#8 which states that:
"No blasting activities shall be conducted at this site until a modification request to allow
such activities has been submitted to and approved by the Department".
The current operation utilizes hydraulic excavators to mine the sapprolile (weathered pegmatite)
from the pit to a depth of about sixty feet. Minerals recovered from the ore include mica,
feldspar, kaolin clay and quartz sand The mining ceases when the hard rock ore is encountered.
Drilling and blasting appear to be required to proceed deeper and recover the resource.
Franklin Industrial Minerals is currently contemplating a major capital investment at the Kings
Mountain site. Prior to beginning the project, the determination of mineable reserves must be
quantified. Core drilling has indicated that substantial hard rock ore is available within the
existing permit boundary. Prior to a request for modification of the permit, it is necessary to
conduct test drilling, blasting, and processing of this hard rock ore. This testing will allow FIM
to evaluate the ore, blasting requirements, and to propose a blasting plan to the Department.

• e
Franklin Industrial Minerals
Permit No. 23-03
October 5, 1998
FIM hereby requests permission to perform a drilling and blasting test in the Hawks Pit. This
location is proposed because it is the greatest distance from local industrial neighbors and has
very few close residential neighbors. Our initial intention is for only one or two shots, each
yielding about I0,000 to 20,000 tons of ore.
171M has been working with Dyno Nobel Piedmont, Inc. to develop a plan for this test. Dyno
Nobel intends to provide the consultive services of Mr. Stuart Brashear, with whom we
understand the Department is well acquainted. Stuart is welt recognized as a knowledgeable
instructor in the field. Mr. Brashear has agreed to assist FIM in the establishment of the blast
plan. We will work together to arrange a complete pre-blast survey, and expect to conduct
extensive monitoring including multiple seismograph locations. FIM intends to submit the
proposed blasting and monitoring plan to your office prior to drilling or detonation.
Our industrial neighbors have expressed the concern that blasting may affect their vibration
sensitive processes. The proposed test blasting would provide data for vibration analysis. We
hope to solicit the cooperation of our neighbors in both pre-blast documentation and placement
of seismographs. The tests could provide valuable data to all involved. Certainly we intend to
control all aspects of the blast. Results will be reported to the Department.
If the Department believes that a site visit would be helpful in approval of this request, FIM will
arrange for Mr. Brashear to meet a department representative at the site at your convenience. We
would like to make the arrangements for a target detonation during the first week of November,
1998.
Should the data prove positive from the hard rock ore and the vibration data acceptable, FIM
intends to submit a formal permit modification request. It is anticipated that his modification
would encompass several other minor revisions as well as the addition of blasting.
Thank you for your careful consideration of this trial blast request and please contact myself or
Jim Spigner at [phone] if any further information is needed.
Sincerely,
Franklin Industrial Mi crals
Glenn R. Mc ]us
, PE
General Manager

• 0
Author: "Miller; Doug" <[e-mail]> at Internet
Date: 10/7/98 3:22 PM
Priority: Normal
CC: Charles Gardner at NROLR0IP
CC: Tracy Davis at NRCLRO12
TO: Judy Wehner at NROLROIP
Subject: FIM request to blast
------------------------------------ Message Contents -------
Judy,
I reviewed the fax sent to you from Franklin Industrial Mineral about
test blasting to check reserves etc at their operation. This was a
very HOT issue when that permit was issued and an appeal was
filed by the neighboring industries. Most of this was settled at
CHG's level.
I would suggest that Tracy, Charles, Mell and I talk about this and
possibly get some feelers from the parties involved previously prior
to any permission being given. I have a feeling this could be a HOT
issue and needs to be closely evaluated.
Doug

� O
l��98

PP7-
Ali.
41
. I
�.
Ij 1 i i j i 1

1 e NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
ADIVISION OF LAND RESOURCES
NCDENR Land Quality Section
3AXR9R.HUNT.IR. ' Facsimile Message
GOVERNOR ,VN{.,.
To: (fin is1u/
YS
SECRETARY I -
'�� COm�fany�De�fartment: 1�'-}ND �X4.R•l,lT�{
, i Phone Na.:
CMARLE9X.GARDNeR'l�
P.G.,P.E.DIRHCTOH;;`
AND STATE GCOL.0EI2T' '
� „VI11
FaX No.: 70y -lo 3 - bc)gD
9 From:
Date: Time:
Comments: F I m 1-wu eQ _�ecufiaU
Vvlffitti61c) I�U�
You should be receiving yage(s) (inehiding cover sheet): if
you do not receive aR gages, ylease contact sender (& 919/733 4574.
,i LANDOUALITY SECTIUn 19191733.4534 FAX [phone]alE
-.1 GFOLOOmAL SURVEY SECTION(9191 733-2423 FAX1D191733.0900
P.V.SOX 27667.RALEION.NORTH CAROLINA 2761 F]69T TELEPHONE [phone] PAX 19191 TI3-BRO1
'f ANEgUALOPronmNlT eArriM ATIVEAETfUNERrLOYERASa4 RECYc % POST-CORCUUER PIPER

OCT-06-98 TUE 08: 13 AM FRAN INDUSTRIAL FAX NO. 1704J7888 P. 01
FkkMa][N MUSTRIAL MINERALS
Kings Mountain Operations
P.O.Box 729
1469 S.BaWeground Ave.
King Mountain,NC 28086
Phor;e(704)739-3616
FAN [phone]
EAX-UQYE-R---��
To: Company: NC Dept. of Environment, Health &
Natural Resources
Attention: Mr. Tracy Davis
FAX Number: 91.9-733-2876
Voice Number:
From: Glenn McCloskey
Number of pages including cover: 3
Notes:

OCT`06-98 TUE 08: 13 AM FRANK INDUSTRIAL FAX NO. 17047_ 97888 P. 02
FRANKLIN INDUSTRIAL MINERALS
An S.eAin.EGFOUND AVE.IRO.&W
KINGS MOUNTAIN, NC 28006
PNGNE(7nal 7M NSO FAE 904I1I94M
October S, 1998
Mr. Tracy Davis
North Carolina Department of Environment, Health and Natural Resourccx
Division of Land Resources
Iand Quality Section
P.O. Box 27687
Raleigh, N.C. 27611-7687
RE- Permit No. 23-03
Moss-Neisler, Hawks, and Archdale Mines
Cleveland County -
Broad River Basin
Test Blasting - Hawks Pit
Dear Mr. Davis:
Franklin Industrial Minerals (FIM) mining permit N23-03 was modified on March 10,1997 to add
the Archdale tract and to consolidate all mining areas into one permit. Included in the
application was our intention to mine into the hard rock, which will require drilling and blasting.
Several local business managers expressed concern with the impact of blasting upon their
operations. The permit was therefore issued with operating condition H8 which states that:
"No blasting activities shall be conducted at this site until a modification request to allow
such activities has been submitted to and approved by the Department".
The currem operation utilizes hydraulic excavators to mine the sapprolite (•leathered pegmatite)
from the pit to a depth of about sixty feet. Minerals recovered from the oc:include mica,
feldspar, kaolin clay and quartz sand. "Che mining ceases when the hard rock ore is encountered.
Drilling and blasting appear to be required to procaed deeper and recover dte resource.
Franklin Industrial Minerals is currently contemplating a major capital investment at the Kings
Mountain site. Prior to beginning the project, the determination of mineable reserves must be
quantified. Core drilling has indicated that substumiul hard rock ore is available within the
existing permit boundary. Prior to a request for modification of the permit, it is necessary to
conduct test drilling, blasting, and processing of this hard rock ore. This testing will allow FIM
to evaluate the ore, blasting requirements, and to propose a blasting plan to the Department.

OCT`08-98 TUE 08: 13 AM FRANK INDUSTRIAL FAX NO, 1704IJ7888 R 03
Franklin Industrial Minerals
Permit No. 23-03
October 5, 1998
FlM hereby requests permission to perform a drilling and blasting test in the Hawks Pit. This
location is proposed because it is the greatest distance from local indusnia; neighbors and has
very few close msidential neighbors. Our initial intention is for only one or two shots, each
yielding about 10,000 to 20,000 tons of ore.
FIM has been working with Dyno Nobel Piedmont, Inc. to develop a plan for this test. Dyno
Nobel intends to provide the consultive services of Mr. Stuart Brashear,with whom we
understand the Department is well acquainted. Stuart is well recognized a a knowledgeable
instructor in the field. Mr. Brashear has agreed to assist FIM in the establi::hment of the blast
plan- We will work together to arrange a complete pre-blast survey, and expect to conduct
extensive monitoring including multiple seismograph locations. FIM intends to submit the
proposed blasting and monitoring plad to your office prior to driNing or detonation.
Our industrial neighbors have expressed the concerti that blasting may affect their vibration
sensitive processes. the proposed tcsr blasting would provide data for vibration analysis. We
hope to solicit the cooperation of our neighbors in both pre-blast docmuneatation and placement
of seismographs. The tests could provide valuable data to all involved. Certainly we intend to
control all aspects of the blast. Results will he reported to the Department.
If the Department believes that a site visit would be helpful in approval of tais request, FIM will
arrange for Mr. Brashear to meet a department representative at the site at your convenience. We
would like to make the arrangements for a target detonation during the first week of November,
1998.
Should the data prove positive from the hard rock are and the vibration dau.acceptable, FIM
intends to submit a formal permit modification request. It is anticipated that his modification
would encompass several other minor revisions as well as the addition of blasting.
Thank you for your careful consideration of this trial blast request and please contact myself or
fhn Spigner at [phone] if any further information is needed.
Sincerely,
�in Industrial M; rats
Glenn R. Me ' o: PE
General Manager

' -J' '74�7
ldtl
_ �` _ _ 1829 Battleground Ave.
Kings Mountain, NC. 28086
Mr. Charles Gardner
Director, Division of Land Resources —� e v --
c, - ME REGElVED
NCDEHNR
P.O. Box 27687 l MAY 0 81997 D APR 2 9 '97
Raleigh, NC. 27611 1
Dear Mr. Gardner: By-- ✓J o RES.
I want you to know of mi rah E. Kirby's extreme opposition to any
modification of mining permit 23-03 fi ed by Franklin Industrial Minerals at Moss-
Neister Mine in Cleveland Co th Carolina.
Apparently the permit, according to your notice, has already been modified having
been done on March 11, 1997. Your notification was mailed March 11, the day after the
modification was accomplished.- It appears to me that notifications about the
modifications should have been sent prior to the action taken.
I object, first because of the health and safety hazard involved. The fine dust is
already everywhere. When the wind blows the dust hangs in the air to be breathed by
people in adjoining areas. The dust is on the highway near the entrance of the mine and
when a light rain occurs it becomes slick as glass. The traffic going in and out of the
mine has certainly added to the problems of an already traffic filled section of
Highway 29.
Secondly, I object because of not only the increased traffic by the raising of the
noise level. Heavy tractors and earth moving machines go about engines revving and
roaring. Heavy trucks go in and about with engines.roating.' It makes sitting outside
around my own house, on my own property so uncomfortable that it has become
impossible.
Thirdly, I object because this area is zoned for industrial development and is
located right in the middle of the so called I-85 Industrial Corridor which is covered with
industries. It has industries all around it. I had decided to offer my property for sale for
industry. Your mining efforts will devalue my property so much that I will be unable to
accomplish my replacement elsewhere.
It is our understanding that nearly all the industries are opposed to the
modification also. I also hope that your intrusion does not result in their moving since it
will add to the unemployment level in Cleveland County.
Yes I want to register and repeat my opposition and objections to your mining
permit modification- I urge you to record my opposition everywhere it needs to be known
Sincerely,
Kay Rollins Maddox Sarah E. Kirby

STATE OF NORTH CAROLINA FILED IN THE OFFICE OF
OFFICE OF _ ADMINISTRATIVE HEARINGS
COUNTY OF CLEVELAND 97 EHR 0526
JAMES R. BARNETTE MAY 2 7 1997
ASH COMBUSTION ENGINEERING UUU .� ]9gj )
Petitioner Bq )� N.C. ATTORNEY GENERAL
Environmental Divisi®li
V. ) NOTICE OF CONTESTED CASE
AND ASSIGNMENT
N. C . DEPARTMENT OF ENVIRONMENT, HEALTH ) G.S . 1503-23 , 33 (b) ( 4)
& NATURAL RESOURCES )
Respondent )
NOTICE IS HEREBY GIVEN that a petition for a contested case
hearing pursuant to G. S . 1505-23 (a) was filed in and accepted by the
Office of Administrative Hearings on May 91 1997 . In accordance
with G. S . 150E-23 (a) and 26 NCAC 03 .0103 , Dolores 0. Smith,
Administrative Law Judge , has been assigned to preside in this case .
The administrative law judge may be contacted by mail at PO Drawer
27447 , Raleigh , NC 27611-7447 , and the telephone number is
919/733-2698 .
The Respondent shall submit within 30 days a copy of the
document constituting agency action which caused the filing of the
Petition .
A copy of any document or other item filed with the Office of
Administrative Hearings should be sent to the other party at the time
of filing. If a party changes his mailing address , or if the address
is incorrect , the Office of Administrative Hearings must be notified
of the new or corrected address .
NOTE : You may receive an Order for Prehearing Statements to
which you must respond withiin//j0 days .
This the day of 1997 .
Julian Mann, III
Chief Administrative Law Judge
06poq tj �..
„ , A
Illy �. C :Pr/ L2:rJFJ i l>
-3 /997 D a E. Coley
.; Chief Hearings Clerk
s� PO Drawer 27447
Raleigh, NC 27611-7497
1 919/733-0926
wr

-2-
On this date mailed to:
James R. Barnette
ABB Combustion Engineering
1755 S . Battleground Ave.
Kings Mountain NC 28086-
Petitioner
Jonathan Howes , Sec .
N. C . Department of Environment, Health
& Natural Resources
Attn: Richard B whisnant
512 North Salisbury St
Raleigh NC 27611-
Respondent
i

.STAR OF NORTH CAROLINA FILED IN THE OFFICE OF
OFFICE CF ADMINISTRATIVE HEARINGS
COUNTY OF CLEVELAND ADHW!ZT3r.-;r^ -tom ..- 97 EHR 0526
Nay 2O
JAMES R. BARNETTE )
ABB COMBUSTION ENGINEERING ) MAY 2 7 1997
Petitioner ) Nr
ORDER 1 BAj�MERAL
V. ) STAM$SNT9fal Divisie•i
N. C . DEPARTMENT OF ENVIRONMENT, HEALTH )
& NATURAL RESOURCES )
Respondent )
In order to permit the prompt preparation of this case for
hearing,
IT IS HEREBY ORDERED, pursuant to 26 NCAC 03 . 0104, that each
party file with the Office of Administrative Hearings and serve upon
the other parties a Prehearing Statement containing your present
position with regard to the following:
1 . The issues to be resolved, and the statutes , rules, and legal
precedent involved;
2 . A brief statement of the facts and reasons supporting the
party' s position on each matter in dispute ;
3 . A list of proposed witnesses;
4. Whether you wish to pursue discovery. If so, the length of time
required if different from the time set in the Scheduling Order;
5 . Requested location of hearing( s) if different from the location
set in the Scheduling Order;
6 . Estimated length of hearing;
7 . If you do not have an attorney, your home and business addresses
and telephone numbers;
8. The date by which you will be ready to have a hearing in this
case if different from the date set in the Scheduling Order.
9 . Other special matters.
This Prehearing Statement must be filed and served within 30
days of the date of this ER.
This the o£ 1997 .
5 n0y ,�p `` ���0.`CES Dolores 0 . Smith
Administrative Law Judge

_L
A copy of the foregoing was mailed to :
James R. Barnette
ABB Combustion Engineering
1755 S . Battleground Ave .
Kings Mountain NC 28086-
Petitioner
Jonathan Howes, Sec .
N. C. Department of Environment, Health
& Natural Resources
Attn: Richard B Whisnant
512 North Salisbury St
Raleigh NC 27611-
Respondent
This the day of Z 1997 .
Dean E . Coley
Chief Hearings Clerk
Offic .istrati Hearings
PC Drawer 27447
Raleigh NC 27611-7447
919/733-0926

STAE OF NORTH CAROLINA FILED
OFFICE CF ADMINISTRATIVE HEAXIr4 , ,
COUNTY OF CLEVELAND /py� 97 EHR 0526
ilal 21� i�'J jlI i7 ��� • 1i1 _6�ifj fo-
JAMES R. BARNETTE > MAY77r-1S999)ABB COMBUSTION ENGINEERING )
Petitioner N•a TORoviroftMEy GENERgL
V. ) SCHEDUL 104*&R
N. C. DEPARTMENT OF ENVIRONMENT, HEALTH )
& NATURAL RESOURCES )
Respondent )
The undersigned has established the following Scheduling Order .
This Scheduling Order may be later amended in the discretion of the
Administrative Law Judge, based upon information provided in the
parties' Prehearing Statements. The parties will be notified of any
changes by way of an Amended Scheduling Order,
1 . The hearing for this contested case will be scheduled in
Charlotte, North Carolina, for the week beainnina October 6 1997 . At
least 15 days prior to the hearing the Administrative Law Judge will
mail to the parties a more specific notice of the date, time and
location of the hearing.
2 . Discovery shall be completed on or before September 22
1997 .
IT IS SO ORDERED .
This the day of 1997 .
Dolores O. Smith
Administrative Law Judge
OFFICE C Cq vE RAI N$
931997
f+'a
AiUD ry N h't`i�i HaLTh
NAa TI ifJRA1 RF.SO[JRCE

HEARING ASSISTANTICOURT REPORTER
REQUEST EORNI
TO: Betty Rogers
Cnlendaring Clerk
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, NC 27611-7447
[phone]
Case Number
Case Name
Administrative Law Judge
D Petitioner or
❑ Attornev for Petitioner
❑ Respondent or
❑ Attorney for Respondent
I request that the above-styled hearing be recorded using the fallowing method (check one):
❑ Hearing Assistant
❑ Court Reporter
This the day of 19
Signature
Please print or type Name
Street or Post Office Box
Citio State and Zip Code
Teleplmnc Number
11.rf,.'I'JJI

OFFICE OF ADMINISTRATIVE HEARINGS
424 North Blount Street (27601)
P. O. Drawer 27447
Raleigh, North Carolina 27611-7447
N O T I C E
In accordance with 26 NCAC 03 .0101 (3), an original and one
copy is required for each document filed with this office.

Author: Charles Gardner at NROLROIP 1,40 ti�71�
Date: 6/20/97 1:01 PM
Priority: Urgent
Receipt Davissted TO: TracyDav
Subject: Re: Franklin Industries Modification/Contested Case Hearing
------------------------------------ Message Contents ------------------------
Tracy, please call Nelson back and tell him that the petitoner called
me to emphacize that they do not want to play hardball, that they want
to keep this .informal and friendly, and that they only filed the
petition to protect their options in case things did fall apart. Make
sure he is aware that the petitioner's window for filing was very
short, and that they put it off as long as they could. / n
Tell him I remember him from GA days, and regret that I can't talk
with him today. f�, f�
Thanks.
VIL
Reply Separator
Subject: Franklin Industries Modification/Contested Case Hearing V�^'�'
Author: Tracy Davis at NROLROIP
Date: 6/20/97 12:37 PM , t „
Charles,
The President of Franklin Industries (Nelson Severinghaus) called me
from Nashville, Tennessee today to tell me that he has just received
notice of the filing of a contested case petition by the industries in
Kings Mountain regarding the above permit modification. He said he
was aware of the negotiations that were held in late April and thought
things had been resolved. He said he felt like the industries in the
area wanted to play hardball, so he was in the process of hiring
lawyers for the hearing. He asked me what I knew about the situation.
I told him that I had heard positive feedback from the meeting that
was held and that it appeared that a tentative agreement between the
two parties had been made. However, to date, I have not seen a formal
agreement between the two nor any request by Franklin Industries to
request modification of its permit to incorporate such agreements. I
told him that the industries in the area probably wanted to protect
their legal rights to appeal and went ahead and filed the petition to
cover themselves (in case a final, written agreement fell through) . I
recommended that he contact the parties on the petition and discuss
their concerns with them, then finalize a settlement agreement between
them in writing. Once that has been done, Franklin Industries could
request the appropriate modifications be made to its mining permit.
As a result, the industries would likely withdraw its petition.
So far, I don't recall receiving any information regarding the filing
of this petition or the scheduled hearing date. . .Anita, have you
received any info? I believe he told me the hearing is scheduled for
7/10 but they are trying to get it rescheduled because their witnesses
will be unavailable that day.
Let me know what our next course of action should be. . .

Author: Charles Gardner at NROLR0IP
Date: 6/13/97 5:31 PM
Priority: Normal
Receipt Requested
TO: [e-mail] at Internet
CC: Mell Nevils
CC: Tracy Davis
CC: [e-mail] at Internet
Subject: Franklin Ind. Minerals/3rd Party Appeal
------------------------------------ Message Contents ------------------------------------
Mr. Jim Barnette w/ ABB Combustion Inc. called me this afternoon. He
and his associated industries have had a friendly response (to their
concerns about the Mining Permit) from Franklin industrial Minerals.
He said they went ahead and filed their appeal simply to protect their
rights, but that he hoped litigation would not interfere with
negotiations. I told him I fully agreed, and that I would like for
his group, the permittee, and our staff to have an environment
conducive to open discussions that may lead toward an agreement and
permit modifications that would be acceptable to all parties.
I suggested that he have his attorney call you, Anita, and share
Barnette's and my conversation today and our interest in keeping
communication as open and informal as possible. I told him I would
also contact you directly, so there you have it.
I suppose the next thing to do is set up a meeting, with the objective
of hammering out an agreement. As you may know, the issue is to assure
sufficient dust control at the mine to protect the delecate equipment
and products of the nearby high-tech industries. When their attorney
calls you, perhaps you could suggest that they propose a date or date
options for such a meeting. If Franklin is willing to cooperate, it
would greatly facilitate matters if Franklin and the petitioners could
go ahead very soon and work up proposed permit modifications together,
then give them to us for our consideration for modifying the existing
mining permit's operating and reclamation conditions.
Many thanks,
Charles

MAY-28-97 WED 01 :52 PM FRANKLIN INDUSTRIAL FAX NO. 17047397888 P. 01/02
® FRANKLIN INDUSTRIAL MINERALS
hat Ofca Not 729 Telephone: (80a) 290-244J
1469Sonrh BaraegmindAwnue Faesiniile: (704) 7394888
Kings Mouwafn•NC 28086
FAX TRANSMISSION
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ATTENTION O (�,��✓J PACE/O[b21'ACEI'I
,COMPANY
FROM �j11Y�
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SUBJECT
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MAY 3 0 '97
60 LA,.W
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MAY-28-97 WED 01 :52 PM FRANKLIN INDUSTRIAL FAH NO, 17047397888 P, 02/02
a .Z 273 456 283
Receipt for
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State of North Carolina
Department of Environment,
Health and Natural Resources • a
Division of Land Resources - "A
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James B. Hunt, Jr., Governor p FEE N R
Jonathan B. Howes, secretary
Charles H. Gardner, P.G., P.E.
Director and State Geologist
May 15 , 1997
Mr .- Glenn R . McCloskey, P.E .
General Manager _
Franklin Industrial Minerals
1469 S . Battleground Avenue
P .O. Box 729 --
Kings Mountain, North Carolina 28086 . ... . .
RE : Verification of Notification
MOSS-Neisler Mine -
Mining Permit No . 23-03
, Cleveland County `
Dear Mr . McCloskey:
This letter is to request acopy of. the certified mail-
return receipt card verifying that your company properly notified
"Kings Mountain Community" of the application to modify the above
permit to include the Archdale Tract . To date, this office has
not received this verification . We do appreciate your company
promptly forwarding the other certified mail-return receipt cards
as requested .
I look forward to receiving this information in the very - -
near future . If you should have any questions, please contact me
at (919) 733 -4574 .
Sincerely,
L�aT E . Davis, P.E .
State Mining Specialist
Land Quality Section
/td
franklin.ltr
CC : Mr. Doug Miller, P .B .
Geological survey Section Land Quality Section Geodetic Survey Section
[phone] [phone] - [phone]
FAX: [phone] FAX:[phone] FAX:[phone]
P.O. Box 27687.Raleigh.North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal opportunity AtPomalive Action Employer 50%recycled/ 10%post-coawmer paper

APR-25-97 FRI 0312 PH FRANKLIN INDUSTRIAL FAX N0, 7047397888
P, Ot/OB
FRANKLIN INDUSTRIAL MINERALS
l'nn of ke, llnr 729 7WelApone: (W)2W 2443
1469 Smak Balde8mund doenue r simile:[phone]
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FAX TRANSMISSION
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FRANKLIN INDUSTRIAL MINERALS
1469 S.BATTLEGROUND AVE.•P.O.BOX 729
KINGS MOUNTAIN, NO 28086
PHONE p04)734 550 FAX pOQ 739d880
RECOVED
May 4, 1997
NAY 4 '97
Mr. James R. Barnette 2 _
General Manager L—j
DKings Mountain Operation
ABB Combustion Engineering 9 1991755 Battleground Avenue
Kings Mountain, NC 28086
Dear Mr. Barnette:
Franklin Industrial Minerals very much appreciates the opportunity to have met with you and the
other"I85/1- ighway 29 Corridor" business and landowner representatives. It is unfortunate that we
were not made aware of the group's reaction to our operations until alter the initial gathering. We
would have hoped to have had the opportunity to meet as neighbors without governmental agency
involvement. -
We are now keenly aware of the concerns expressed by you and our other neighbors. Unfortunately,
our business does lend to elicit emotional responses from the public. Aside from the generally
negative feelings expressed were three primary points of uneasiness. As was indicated by the
DEHNR representative,the slate does set minimum standards for dust, noise, and visual impact. We
plan to allay your fears through pro-active management of our mining and hauling operations and
intend to meet or exceed the legal requirements for each of the three.
Tile primary concern seemed to be for dust. Below is a summary of our proposed action to minimize
the generation of dust and mitigate the effects of our operation.
I. It is our intention to open as little area as reasonably possible at any given time so as
to minimize the source of the potential problem.
2. We plan to operate a water truck on a daily basis to keep roads watered and will use
dust suppressant additives as necessary. In addition, we will investigate the
possibility of installing sprinklers on the roads, dumps, and berms.
3. We will endeavor to establish perimeter berms and slopes as quickly as possible and
will plant them in seasonal grasses so as to bind the surface against blowing dust.
4. We will tarp all trucks carrying dry material be Pore they enter the highway.
5. The access road has already been paved to a distance of 300 feet. We will keep it and
the highway entrance area washed as much as possible.

James Barnette
Page 2
The other concerns were for noise and visual perception. We believe that we have developed a plan
to simultaneously minimize the impact of both of these. We will establish and maintain berms not
only as required in the permit but also between our operation and our neighbors as well. In most
cases, the height of the berm will greatly exceed that required by the permit so as to block the view
and the noise as completely as possible. "These berms will be constructed of soil removed from the
mine overburden as quickly as we can. The outer slopes will be seeded in grass and evergreens will
be planted on the top surface in a staggered pattern. Overburden will ultimately be placed within the
confines of the perimeter berm as the mine progresses.
We truly want to be good neighbors. It is our intention to cooperate fully and hope that we can work
together with both our business and other neighbors. We will go so far as to try to schedule our
operations to coincide with your painting activities if necessary. Please do not hesitate to contact
me if any further information is required or if other concerns have not been answered to your
satisfaction. I can be reached at our main number, [phone]. In illy absence, you may speak
to our Production Superintendent, Bob Burrill or our Environmental/1-iealtli/Safety Director, Jim
Spigner. You may also call directly to my office at [phone] or to my mobile/pager number
at [phone]. Both of these numbers also provide voice mail.
Sincerely,
Franklin Industrial M erals
Glenn R. McCloskey, PE
General Manager
cc: Richard W. Brann, VP, Franklin Industrial Minerals
Scott Neisler, City of Kings Mountain
Charles Gardner, DEHNR
Steve Bonino, Pioneer Motor Bearing
William McCarter, Jr., Cleveland County
Henning Jorgensen, Polygram Manufacturing

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Land Resources
James B. Hunt, Jr., Governor [D � p� �-7
Jonathan B. Howes, Secretary � V �l
Charles H. Gardner, P.G., P.E.
Director and State Geologist
May 7 , 1997
Reverend Kenneth W . Curry, Th .B. , M .Div.
506 Kilgore Road
Kings Mountain, North Carolina 28086
RE : Mining Permit No. 23 -03
Moss-Neisler Mine
Cleveland County
Dear Rev. Curry: -
Thank you for your April 25 , 1997 letter in which you
outlined your concerns regarding the recently issued modification
to the above referenced mining permit .
I regret that I was unable to attend the meeting conducted
at ASS Combustion Engineering on April 30, 1997 because of
adverse weather conditions . However, based upon comments 'I have
received from Mr . Doug Miller, Land Quality Section Regional
Engineer, Mooresville Regional Office, the meeting went well
between representatives of several companies in the area and
Franklin Industrial Minerals (FIM) . It appears that FIM is
willing to voluntarily alter its approved mining plans to help
address your and other concerns . I am awaiting FIM' s response
and will advise you when such is received by this office .
Again, thank you for your input in this matter. I hope that
all parties involved can work together to come up with mutually
agreeable solutions to address the concerns raised . If you have
any questions on the above, please call me at (919) 733-3833 :
Sincerely,
Charles H. Gardner, P .G. , P. E .
CHG/td
CC : Mr . Doug Miller, P .E . -
Ms . Anita Quigless, Esq.
Geological Survey Section Land Quality Section Geodefic survey Section
[phone] [phone] [phone]
FAX:[phone] FAR: 733-2876 FAX; 733-4407
P,0. Box 27687,Raleigh,North Carolina 27611-7667 Telephone [phone] FAX[phone]
An Equal Opportunity Arfemotive Action Employer 50%recycled[ 10%post-consumer paper

RECEIVED
APA 3 0 '97
rM LAND BE&
APRIL 25, 1997
�1 y
„ - - „�i ddd• q1
Mr . Charles Gardner Cj ,,Ns'�✓
Director, Division of Land Resources
NCDEHNR
P.O. Box 27687
Raleigh, NC 27611
REGARDING: Notice of Issuance of Mining Permit No. 23-03 as modif-
ied on Malch 10 , 1997
• Dear Mr. Gardner:
I am writing again out the concerns and disappointment over the
approval coif the above mentioned mining permit to Franklin Indus-
trial Min l•rals- KMG Division in Cleveland County .
I am 'one -of the "local 'Pastors' and also a representative of the
Kilgore Community which is located near the Archdale Tract . I
have alw lys had concerns for Enviromental Safety where our
community and our childrens are involved . We are not a Major
Corporation or a President of a Company, but we are the people
who have too suffer when decisions are made that affect our life
style. Do community had started to grow and to flourish since there
ewas no threat of a health hazard . We 've had 10 new residents to
move into the community and the children were playing freely .

• PAGE 2
APRIL 25 , 1997
But now, we are seeing more and more neighbors start to put up
for sale sligns , because they donot feel secure in this area.
The people are concerned because some the companies are losing
business . Their buyer donot feel that they can get a quality pro-
duct becauIse of the enviroment hazards. Which in turn causes lay-
offs and iltimately company closings. At present I have relatives
and friend Is that are employed by these companies . Some are too old
to look for other employment . Some are single parents supporting
their families on this income. But with the buyers buying elsewhere
that means no jobs ,which means that some people who are trying to
• get off th)le government welfare system will be forced back on. What
I 'm saying is that we in the Cleveland County are trying to assist
President Clinton and the Governor of State Jim Hunt to create new
jobs and give those who are coming off welfare a chance to earn a
living. Thlat ' s why I met with the Managers and Commissioners because
I felt this was and has always been a issue of great importance. I
do at this time desire to make an appeal and file a petition.
We have often asked your Division to come down and talk with the
Manager alnd the Community before making such a decision. But I
g Y g
feel that again we have been ignored. I strongly request that you
reconsider) the modified permit approval not only because of the
absence of notification and company hazards that it imposes on the
® employees, but for the health and safety of our elderly and our
children in the surrounding areas .

PAGE 3
I look forward to your immediate response and visit .
Sincerely
Rev. Kenneth W. Curry Th.B, M. Div
RepresentEI►tive of Kilgore Community
cc: John Barker, President of John Barker Reality, Inc.
James E. Crawley, Chairman of Cleveland County Commissioners
Lane Alexander, Cleveland County Manager
Scott Neisler, Mayor of Kings Mountain
Steve Nye, Director of Economic Development Commission
Debbie Clary, State Representative
John i.eatherly, State Representative
Andrew T. Dedmon, State Representative
David Hoyle, State Senator( 25th district)
Peggy �Paksoy, President of Cleveland County Chamber
Rev. KIenneth W. Curry Th.B, M.Div ( Pastor)
Nat Green, NC Department of Commerce
James IRennirt, Plant Manager of Eaton Corp.
Jim Bairnette, General Manager of ABB Combustion Engineering
Wendellfl Slone, Plant Manager of Mayflower Vehicle Systems
Henning Jorgenson, President of Polygram Mfg. & Distribution.
Larry frown, Operations Manager of Wirtz Manufacturing Co, Inc.
Stephen Weil , President of Express Container Corporation
Bill McCarter, Planning/ Land Records Dir. of Cleveland County

STATE OF NORTH CAROLINA V4
DEPARTMENT OF ENVIRONMENT, HEALTH, ^o,
AND NATURAL RESOURCES p H 1 �! R
FAX TRANSMITTAL COVER SHEET
DATE.• 7 l7 .
FROM.-
DEPARTME14TI OF ENVIRO N , EAL AND NATUR 4 OUR�CE
DIVISION OF LAND RESOURCES t1 I 1 J
LAND QUALITY SECTION - V ��
P.O. BOX 27687 I
RALEIGH, NORTH CAROLINA 27611 I i
4 FAX h/ Y
FAX NUMBER: 733-2876
'TO: it ,
CONIPANYIDEPARTMEN7xa
PHONE NO.: 1
FAX NO...(
COMMENTS: /I P
J
WE ARE TRANSMITTING PAGES INCLUDING COVER SKEET.
1 +R

State of North Carolina A
Department of Environment,
Health and Natural Resources 71 1
Division of Land Resources
a
James B. Hunt, Jr., Governor C F�� n V1
Jonathan B. Howes, Secretary C "
Charles H. Gardner, P.G., P.E.
Director and State Geologist
May 7, 1997
Mr . Henning Jorgensen, President
PolyGram Manufacturing and Distribution Centers , Inc .
P.O. Box 400
Grover, North Carolina 26073
RE : Mining Permit No . 23-03
Moss-Neisler Mine
Cleveland County
Dear Mr . Jorgensen: r
Thank you for your April 17 , 1997 letter. in which you
outlined your concerns regarding the recently issuedi modification
to the above referenced mining permit .
I regret that I was unable to attend the meeting conducted
at ASS Combustion Engineering on April 300 1997 becaiuse of
adverse weather conditions . However, based upon comments I have
received from Mr. Doug Miller, Land Quality SectionRegional
Engineer, Mooresville Regional Office, the meeting went well
between representatives of several companies in the area and
Franklin Industrial Minerals (FIM) . It appears that FIM is
willing to voluntarily alter its approved mining plans to help
address your and other concerns . I am awaiting FIMrls response
and will advise you when such is received by this office .
Again, thank you for your input in this matter. I hope that
all parties involved can work together to come up with mutually
agreeable solutions to address the concerns raised. If you have
- any questions on the above, please call me at (919 ) 733-3833 .
Sincerely,
Charles H . Gardner, P.G. , P.E ,
CHG/td
CC : Mr . Doug Miller, P . E. -
Ms . Anita Quigless, Esq.
Geological Survey Sac Kan Land Quality Section Geodetic Survey Section
[phone] [phone] [phone] -
FAX (91(?)733-0900 FAX: [phone] FAX:[phone]
P.O. Box 27687,Raleigh,North Carolina 27611-7687 Telephone [phone] IiAX 919 733-4407
An Equalappadunity Alfrmofive Action Employer 50%rsaycled( 10%post-ccisvmer paper

Ir t� e /
r
PolyGram
POLYGRAM MANUFACTURING
c AND DISTRIBUTION CENTERS, INC.
PO BOX 400
` ? GroveC, NC 28073
Telephone: [phone]
Telefalc 704-734-4180
April 17, 1997
Mr. Charles Gardner
Director, Division of Land Resources
,." EH r
P.O. Box 27687
Raleigh, NC 27611
Dear Charles:
Last week a number of plant managers, including myself, from the Highway 29 and 1-85
corridor met at ABBICombustion Engineering Plant located on.US Highway 29 Grover North
Carolina.
It is with great interest, we have followed the preliminary issuance of a mining permit to
Franklin Industrial Minerals. We wish to state that this is in no way acceptable to this industrial
community. We have collectively invested about 400 million dollars and employ 12,000 plus
people. Furthermore, I am currently trying to get one of our major printers to setl a satellite
rintin facilit in close roximity to our CD manufacturing facility. They are Intjup
,rested in land
printing y P
close to where mining will take place. If the permit you granted the mining comp ny is allowed to
remain, they might consider another location possibly on the 1-85 corridor in South Carolina,
since dust, which mining will create, is a very serious matter for a printing company. This group
believes that your department has made an error in granting this permit. We wish to invite you to
make immediate arrangements to visit this area and to discuss with us, the issues that now exist. I
look forward to your immediate response as well as your forthcoming visit. At th s meeting we
propose to have legislative representatives, elected county officials, the Mayor of Kings

Mountain, all manufacturing manager representatives and area citizens. As you an see, we
approach this with serious interest.
Sincerely,
Hen�7i •�Fensen
President
cc: Jim Crawley, Chairman of Cleveland County Commissioners
Lane Alexander, Cleveland County Manager
Scott Neisler, Mayor of Kings Mountain
Steve Nye, Director of Economic Commissioner
Debbie Clary, State Representative
John Weatherly, State Representative
Andy Dedmon, State Representative
David Hoyle, State Senator (25th District)
Rev. Curry
Nat Greene, NC Department of Commerce
pago 2

PolyGram
• �rtil ,� l '�� POLYGRAM MANUFACTURING
� AND DISTRIBUTION CENTERS, INC.
ti "7 ll lrG cfr PO R°`Nc 241
Telephone: [phone]M
Teletea: 704-73a411X
April 17, 1997
Mr. Charles Go dner
Director, Divisila of Land Resources
NCDEIINR
P.O. Box 27687I
Raleigh, NC 27 11
Dear Charles:
Last week a number of plant managers, including myself, from the Highway 29 and 1-85
corridor met at ABB/Combustion Engineering Plant located on US Highway 29, Grover North
Carolina, I
It is with great interest, we have followed [hey prelims issuance of aminingnTt pei[ to -
Franklin Industrial Minerals. We wish to state that this is in no way acceptable to this industrial
community. We ha e collectively invested about 400 million dollars and employ 2,000 plus
people. Furthermorll, I am currently trying to get one of our major printers to set hp a satellite
printing facility in close proximity to our CD manufacturing facility. They are interested in land
close to where minill g will take place. If the permit you granted the mining company is allowed to
remain, they might consider another location possibly on the I-85 corridor in South Carolina,
since dust, which mining will create, is a very serious matter for a printing company. This group
believes that your do partment has made an error in granting this permit. We wish to invite you to
make immediate art,Ingements to visit this area and to discuss with us, the issues that now exist. I
look forward to your immediate response as well as your forthcoming visit. At this meeting we
propose to have legis ative representatives, elected county officials, the Mayor of Kings

j Mountain, all 1 um factoring manager rePresentatives see
and area citizens. As you ucar , we
aPPloach this v ill, serious interest.
sillemly,
Hem 1 dens In .
President
cc: Jim Crawlc,Y. Chaimran of Cleveland Count
der, - r ioners Commiss
Lane Alexaln
Cleveland County Manager
Scott Neisl r, Mayor of Kings Mountain
Steve Nye, 1, irector of Economic Commissioner
Debbie Clar , State Representative
John Weath rIY, State Representative
Andy Dedm n, State Representative
David Hoyle, State Senator (25th District)
Rev. Curry -
Nat Greene, D C Department of Comrrt^rce
I
nose z
I

• State of North Carolina
Department of Environment,
Health and Natural Resources «IPA
Division of Land Resources
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary C) F= I
��
Charles H. Gardner, P.G., P.E.
Director and State Geologist
May 7, 1997
Mr. Stephen R. Bonino
Vice President/Plant Manager
Pioneer Motor Bearing
Eastern Plant
129 Battleground Road
Kings Mountain, North Carolina 28086
RE : Mining Permit No. 23-03
Moss-Neisler .Mine
Cleveland County +
Dear Mr. Bonino:
Thank you for your April 21, 1997 letter in whiLch you
outlined your concerns regarding the recently issuer modification
to the above referenced mining permit .
I regret that I was unable to attend the meeting conducted
at ABB Combustion Engineering on April 30, 1997 because of
adverse weather conditions . However, based upon comments I have
received from Mr . Doug Miller, Land Quality Sectionl Regional
Engineer, Mooresville Regional Office, the meeting went well
between representatives of several companies in the area and
Franklin Industrial Minerals (FIM) . It appears that FIM is
willing to voluntarily alter its approved mining plans to help
address your and other concerns . I am awaiting FIM' s response
and will advise you when such is received by this office .
Again, thank you for your input in this matter,. I hope that
all parties involved can work together to come up with mutually
agreeable solutions to address the concerns raised. If you have
any questions on the above, 'please call me at - (919) 733-3833 ,
Sincerely,
Charles H. Gardner, F,.G . , P.E .
CHG/td
cc : Mr. Doug Miller, P .E.
Ms . Anita Quigless, Esq.
1 Geological Survey Section !_and Quality Section Geodetic Survey Section
[phone] [phone] [phone]
FAX:[phone] FAX:[phone] FAX: [phone]
RO. Box 27687,Raleigh,North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-gonsurner paper

MOTOR BEARING Exclusive ucemew or BD and Wtstinghouse
EASTERN PLANT WESTERN PLANT AND HEADQUARTERS
129 nal0eground Read 116 Beacon Street
IOngs Mountain, NC 2909B Seulb San FranAND, CA 9409U6960
Tel: call 937-9000 Fax: (]e4i W7) 29 Tel (415)871b144 Fax: (415) 6T 5717
APq 75 197
April 21, 1997
Mr. Charles Gardner
Director, Division of Land Resources
NC DEHNR
Y.O. Box 27681
Raleigh, NC 27611
Regarding: Notice of Issuance of Mining Permit No. 23-03 as modified on
March 10, 1997, (Enclosure I)
Dear Mr. Gardner:
I am writing this letter to exp- ess our concerns and disappointment 'over the
approval of the above mentioned mining-perm 1. it to-Franklin lndlllIxstrLal Mine als -
KMG Division in Clevelaral tounty As you will note Isee Eni sdre II Archdale
Tract)', the permittedarea adjoins our property on t1ieNorth Ealllt side.
I am the Vice President and Plant Manager of Pioneer Motor Bearing Company
(hereinafter Pioneer). We have Manufacturing facilities on both coasts and are the
exclusive licensee of Westinghouse Electric, Power Generation Business Unit and
ABB, Power Generation Inc. We are the worlds only exclusive r6air facility for both
of the above mentioned companies. It took Pioneer a great deal of time, effort and
expenditure t:, develop pro, du-tes and beco,nc qualified to Sappl;rt these companies
as they require. The approval of the above mentioned'mining li ,rmit will jeopardize
the high degree of accuracy and surface finishes mandated to manufacture and
repair our product for these and other OEMs.
It should be noted, that to my knowledge, the owners of the adjoining property to the
permitted area were never notified and certainly we were not notified of the
requested permit change until after the permit was modified anlll approved. We
a never had chance to voice our opinion,of concerasi.Becauswof the so'marive nature
of the industry in this area regarding.environmental-contamina}.inn .issues in the
past, I believe there should have been notification and a'hearimi held: We are now
given sixty days to investigate, organize and file a petition to cut nest the permit. At
since 192u._manufecturing and repairing babblRed bearings and seals for industrial and marine machinery.

April 21, 1997
Page 2
this time I am not sure what the notification requirements are, but the proper time
to discuss the issues should be before the issuance of the permit not after.
I believe, because there were existing mining permits in this area, adding the
Archdale Tract to the permit was just routine. However, because of the extreme
close proximity of existing manufacturing plants a thorough environmental impact
study should have been conducted before issuing the permit.
The normal provisions for Air Quality and Dust Control in section 2 of the permit are
totally inadequate. As you aro aware and the maps show, the overburden piles are
going to be around two sides of ABB Combustion Engineering (Kings Mountain
Community Property), with a twenty-five foot buffer. The same boundary conditions
exist for our property. It is noted in the permit that "During quarry operation, water
trucks or other means that may be necessary shall be utilized to prevent dust from
leaving the permitted area." The clouds of dust have already been noted rising into
the air on the days when they are working in the existing permitted sixty acres.
With our typical winds from the north east, the dust is blown right into our facilities
thereby raising havoc with our processes. At present, this is now happening to ABB
with a thousand plus foot buffer. What is going to happen in the future when we are
bordered by huge piles of dust and dirt with no vegetation and the wind blows across
them? We will be inundated with dust and dirt.
How is Franklin Industrial Minerals going to handle this problem? Are they going
to keep the piles of dust watered down all of the time including nights, holidays and
weekends? Are they somehow going to stop all of the dirt being tracked by their
trucks from their dirt roads out onto Highway 29 to be blown around by passing
traffic? Obviously not. It would be an impossibility, or at least cost prohibitive. I do
not blame the mining operation, because this is just indicative of their type of work.
However, this type of operation is no longer compatible with the rest of the industry
in this area.
I am one of many Plant Managers that met at ABB Combustion Engineering to
discuss a plan of action on April 10, 1997. We collectively represent the
manufacturing plants on the Highway 29 and I-85 corridor, which has a combined
investment of approximately $400 million dollars and employs more than 2,000
people in Cleveland County. We are all very concerned about the issuance of this
permit and strongly urge that you visit our area and meet with us to see for yourself
the reasons behind these concerns.

April 21., 1997
Page 3
I strongly request that you reconsider the modified permit approval not only because
of the absence of notification and the operational hazard that it imposes on our
company, but for the health and safety of our employees, the employees of other
companies in the area and the families of the surrounding communities.
I look forward to your immediate response as well as your forthcoming visit.
Sincerely,
Stephen R. Bonino
Vice President/Plant manager
Enclosures
cc: John Barker, President of John Barker Reality, Inc.
James E. Crawley, Chairman of Cleveland County Commissioners
Lane Alexander, Cleveland County Manager
Scott Neisler, Mayor of Kings Mountain
Steve Nye, Director of Economic Development Commission
Debbie Clary, State Representative
John Weatherly, State Representative
Andrew T. Dedmon, State Representative
David Hoyle, State Senator (25th district)
Peggy Paksoy, President of Cleveland County Chamber
Rev. Curry
Nat Green, NC Department of Commerce
James Rennirt, Plant Manager of Eaton Corporation
Jim Barnette, General Manager of ABB Combustion Engineering
Wendell Slone, Plant Manager of Mayflower Vehicle Systems
Henning Jorgensen, President of Polygram Mfg. & Distribution Centers, Inc.
Larry Brown, Operations Manager of Wirtz Manufacturing Co., Inc.
Stephen Well, President of Express Container Corporation
Bill McCarter, Planning 1 Land Records Dir. of Cleveland County

03/111/117 11: 17 1 4113 171 5717 131011EE2/CA aaa IIION117111-11C 001/001.
Enclosure I
RECEIVED
por=cI_o8 1 2 1AAR 18 19V
MINING__BSR[rslT
PIONEMMOTpp 1MG
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 Franklin Industrial Minerals to conduct mining activities at
Moss-Nei' MinE in Cleveland County.. The mining permit (no. 23-03) was
modified on March 10, 1997.
North Carolina law allows persons aggrieved by the issuance of a
mining permit to contest the decision by filing a petition fora
contested case in thb Office of Administrative Hearings pursuant to •
N.C:G.S_ 15OB-23 of the Administrative Procedure Act (APA) .
'If you believe that you are an aggrieved party within the meaning of
the..APAI a:, pet�#ion .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 Srou 'file a contested case petition, it must be in'writing and in
the form prescribed by N.C. General. Statutes 15QB-23. File- the original
petition and one copy with the,. Office ,of Admtinistrative,Hearings, P.O.
Drawer 27447, Raleigh, N. C. 27611--7447.
Any questions about filing a petition may be directed to the Clerk
of the Office of Administrative Hearings by telephoning. (919) 733-0926.
You must serve the Department of inviranment, Health and gatural.
Resources by mailing a copy of the petition to Mr. Richard B. Whisnant,
Registered Agent and General Counsel, Post Office Box 27687, Raleigh,
North Carolina 27611.
Charles H. Gardher
Director
Division of Land Resources
North Carolina Department of
Envi.tonment, Health and Natural
Resources
This notice was akailed­o ck 0 /g9
'd
Susan Edwards
Mining- Program Secretary

/�' ,
Or e
Archdale Tract
252 Acres
���� - •� «
Hawks Trcct c
29 Acres s �,
fir. �� /' phi ,' �. Hine Perth R 23-10 m
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Mine.
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• � r
For . Mine

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�;

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Land Resources _ _ ,,0
A
James 3. Hunt, Jr., Governor p H N R
Jonathan B. Howes, Secretary
Charles H. Gardner, P.G., P.E.
Director and State Geologist
May 7, 1997
Mr . James W. Rennirt, Jr .
Plant Manager
Eaton Corporation
Transmission Division
744 South Battleground Avenue
Kings, Mountain, North Carolina 28086
RE : Mining Permit No. 23 -03
Moss-Neisler Mine
Cleveland County r
Dear Mr . Rennirt :
Thank you for your April 17, 1997 letter in which you
outlined your concerns regarding the recently issued modification
to the above referenced mining permit .
I regret that I was unable to attend the meeting conducted
at ARE Combustion Engineering on April 30, 1997 because of
adverse weather conditions. However, based upon comments I have
received from Mr . Doug Miller, Land Quality Section Regional
Engineer, Mooresville Regional Office, the meeting went well
between representatives of several companies in the area and
Franklin Industrial Minerals (FIM) - It appears that FIM is
willing to voluntarily alter its approved mining plans to help
address your and other concerns . I am awaiting FIMrs response
and will advise you when such is received by this office .
Again, thank you for your input in this matter. I hope that
all parties involved can work together to come up with- mutually-
agreeable solutions to address the concerns raised. If you have
any questions on the above, please call me at .(919) 733-3833 .
Sincerely,
Charles H. Gardner, P .G. , P.E .
CHG/td
cc : Mr . Doug Miller, P.E .
Ms . Anita Quigless, Esq.
Geological Survey Secton Land Quality Section Geodetic Survey section
[phone] [phone] [phone]
FAX: [phone] FAX:[phone] FAX: [phone]
P.O. Box 27687,Raleigh.North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer W%recycled/ 10%pmt-consumer paper

Gcv4 �
RECEIVED 4/Zv Is
Eaton Corporation
Transmission Division APR 2 1 '97
744 South Bantryound Avenue
RD.Box 1728
Kings Mountain, NC 280%
7041937-7411 Lao KS.
E:T•N
April 17, 1997
Mr. Charles Gardner, Director
Division of Land Resources
NCDEHNR
P.O. Box 27687
Raleigh, North Carolina 27611
Dcar Mr. Gardner:
On April 10, 1997 a number of plant managers from the Highway 29 and 1-85 corridor met to discuss the
preliminary issuance of a mining permit to Franklin Industrial Minerals. This group believes that an error
.alas been made by your department in granting this permit.
We wish to slate that this is no way acceptable to this industrial community. Eaton Corporation has
invested approximately$80 million and employs 625 people. Eaton is not opposed to mining, but
stresses the importance of the effect on the businesses presently manufacturing in the community.
We wish to invite you to make immediate arrangements to visit this area to discuss with us the issues that
now exist. We propose to have legislative representatives, elected county officials, manufacturing
manager representatives,and area citizens at this meeting.
1 look forward to hearing from you regarding your visit.
Sincerely,
James ennirt Jr.
Plant Manager
1WR/clm

�v
Author: Tracy Davis at NROLRO IP
Date: 5/2/97 3:10 PM
Priority: Normal
TO: Mell Nevils
TO: "Miller; Doug" <[e-mail]> at Internet
CC: Tracy Davis
Subject: Re: Franklin Industrial Minerals-Archdale tract
------------------------------------ Message Contents ------------------------------------
Doug,
I really appreciate your time and effort in attending this meeting on
all our behalves.
Tracy
Reply Separator
Subject: Franklin Industrial Minerals-Archdale tract
Author: "Miller; Doug" <[e-mail]. state.nc.us> at Internet
Date: 4/30/97 4 :51 PM
OnApril 30, 1997, 1 met with representatives of several industries
which are located in the vicinity of the referenced mine t discuss
the proposed mine operation. This meeting was arranged by Jim
Barnette of ABB Combustion engineering which is located on a leased
parcel immediately adjacent to the proposed mine waste area.
Those represented included;
James Barnette-ABB
Henning Jorgensen-Polygram
Stephen Bonino- Pioneer Motor Bearing
William McCarter- Planning Director of Cleveland County
A Lady representing the adjacent landowners
The Mayor of Kings Mountain- whose family owns the Archdale tract
Larry Brown- Wirtt Manufacturing
One other person whose card I did not
receive.
The mining company was represented by Glenn McCloskey , General MGR
Jim Spigner Safety and Environment Supervisor
Richard Brann VPres Franklin Industrial Minerals
The meeting generally involved the discussion by Franklin of their
proposed development of the tract. I opened the mine maps I had in
our file and the permits requirements for buffer and limits for
excavation were discussed.
Of particular interest to ABB, Pioneer and Polygram were the
possibilty of fugitive dust from the waste piles during stripping
operations. They feared the site would be open for long periods of
time. AE9 felt the site would affect their paint operations when then
needed them without they switched processes. If such a request was
made by them to corporate for such a switch, they had concern the
plant would he closed and the operations swithced to another site.
There was also a concern for vibrations if future blasting
operations were begun by Franklin. The sensitivity of the machinery
they used in making some large bearings (28 inch dial could lead to
either waves in the bearing or the machinery going out of

calibration. Several times those present expressed concern the
openness of the site would lead to potential buyer of nearby sites
to not want to come to the area.
I noted that the Mining Act did not allow us to consider the effect
on property values or potential site development. I did note the
permit required the site to be in compliance with Air Quality
regulations .though I did not know if that level would meet their
needs.
I felt the meeting was informative for both parties. Franklin is to
sent Barnette a written description of their operation plan and then
the industries will decide whether to file with OAH.
I did point out that my understanding was the hearing must still be
based upon the 7 reasons for denial in the permit. They could file
for a hearing and then if the matter was resolved they could withdraw
it later.
This is a rough summary of the meeting. Barnette is to call Charles
later.
If you need additional information, please call.

Author: Charles Gardner at NROLR0IP
Date: 4/28/97 6:02 PM
Priority: Normal
Receipt Requested
TO: Tracy Davis
CC: Mell Nevils
CC: [e-mail] at Internet
CC: Jim Simons
Subject: 4/30/97 Visit to Frankin Minerals Mine Area
------------ ---------------------- Message Contents -------_-_------_-_____-_____-------
Tracy, poops, I meant for you to be on the cc's for the following
message--I hit "send" before I was ready--this stuff is unforgiving at
186, 000 mi/sec (more or less) .
Charles
Forward Header
Subject: 4/30/97 Visit to Frankin Minerals Mine Area
Author: Charles Gardner at NROLROIP
Date: 4/28/97 5:57 PM
Mell, I have tentatively arranged for a DFR pilot to fly us from
Horace Williams Airport (Chapel Hill) to Shelby Airport on Wednesday
morning and return early-to-mid Wednesday afternoon. I told them we
will want to arrive at Shelby at about 10:00 AM. They are to confirm
tomorrow, and I 'll let you know the departure time (I 'm guessing 8:30
AM) and will give you directions to Horace Williams if you need them.
Doug, will appreciate your picking us up at Shelby Airport (near SR150
SW of Shelby) around 10:00 and getting us back there around 2: 00.
Last Friday I suggested to Steve Bonino, Pioneer Bearings manager,
that he invite the Frankin Minerals manager, Glenn McCloskey, to the
May 30 meeting they have set up for us. Then late Friday I called
Glenn McCloskey to see what kind of communication he has been having
with his neighbors. He was surprised by my call, and knew nothing
about Barker, Pioneer, ABB/Combustion Engineering, or any of them
being concerned about his operation or expansion.
This morning Steve Bonino called me and said he had a good, long,
phone conversation with Glenn McCloskey Friday night. He said that
the main concerned party is ABB/Combustion, as the proposed overburden
waste areas are planned to "wrap around" three sides of their plant.
He said he got the idea from McCloskey that Franklin might draw back
on their expansion request. He also said that his group has now
invited McCloskey to the Wednesday meeting.
This afternoon I asked Tony to fax to McCloskey a copy of the
opposition letters we have received.
That brings y'all up to date for my recent involvement in this.
Too bad Franklin's opposition didn't talk with Franklin before now.
Charles

'✓'waLL rt,�ar.Deun� r-uvrN(r LdZ/? uw�v/.r Ppw,�'
Page 3 of 9
OPERATING CONDITIONS:
1. Wastewater and Quarry Dewaterinq
Any wastewater processing or mine dewatering shall be in accordance with
the requirements and rules promulgated by the N. C. Environmental
Management Commission.
2. Air Quality and Dust Contra]
A . Any mining related process producing air contaminant emissions
including fugitive dust shall be in accordance with the requirements
and rules promulgated by the N .C. Environmental Management
Commission and enforced by the Air Quality Section , Department of
Environment, Health , and Natural Resources . .
B. In addition to the minimum requirements of the Air Quality Section
of this Department, particulate matter caused by activities at the site covered by this permit shall not exceed background levels at
the property lines between this site and the Eaton Corporation and
the Philips-Dupont .Optical Media Corporation. Before beginning any
land disturbing activities associated with the mining operation, the
permittee shall install air quality monitoring stations at location=_
designated by the Air Quality Section and shall monitor and reoort
air quality regarding particulate concentration according to methods
and frequencies specified by and approved by the Air Quality
Section. The air quality monitoring reports shall be sent to the
. Land Quality Section and to the Air Quality Section in the
Department' s Mooresville Office within three da vs of the date of
measurement. If at any time the particulate matter caused by minirn
or related activities at the site exceeds background levels, all
mining and processing activities shall immediately cease and
corrective actions shall be taken immediately. No further mining or
processing activities shall resume without the specific written
approval of the Department.
C. The permanent access (plant entrance) road shall be paved from its
junction with NC 216 to the mine office area . All other haul roads
shall be stabilized with rock. During the mining operation, water
trucks or other means that may be necessary shall be utilized to
prevent dust from leaving the permitted area .
3 . Buffer Zones
The buffer zones shown on the Site Plan dated March 4, 1991 , revised July
17 , 1991 and issued July 18, 1991 shall be maintained to prevent caving
of any adjoining property and to allow grading of the sideslopes to the
required angle. These buffer zones, with the exception of the
installation of required sediment control measures and earthen berms ,
shall remain undisturbed.

� EH1VFi
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT,
HEALTH, AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITYSECTION
P.O. BOX 27687
RALEIGH, NORTH CAROLINA 27611
TELEPHONE: [phone] FAX.- [phone]
FACSIMILE MESSAGE
TO: Mom. �k.� k nkCJOSk ,. R-6
COMPANY/DEPARTMENT: /M.;�Z
PHONE NO.: 7pH - -73q- 35-13 - s7
FAX NO.: 7 aq - 131 - 7888
FROM: { G 5m.e�
DATE: y ZB 7 '7 T7ME: ba r -
NUMBER OF PAGES BEING SENT (INCLUDING THIS PAGE): I Z
COMMENTS:
/� n 1C^Pi..
4 P"L ! eyTe../r`.� 0�,,Lc iIZe..�./diki... '�p� Ace;..M
For q. /✓t^ v. TT(O Nr -

RECEIVED
OFFICE OF GENERAL COUNSEL
1829 Battle Ground Ave.
APR 181997 Kings Mountain, NC 29086
Mr. Richard B. Whisnant ENVIRONMENT HEALTH
PO Box 27687 AND NATURAL RESOURCES
Raleigh, NC 27611
Dear Mr. Whisnant:
I want you to know of mine and Sarah E. Kirby's extreme opposition to any
modification of mining permit #23-03 filed by Franklin Industrial Minerals at
Moss-Neisler Mine in Cleveland County, North Carolina .
Apparently the permit, according to your notice, has already been modified
having been done on March 11, 1997. Your notification was mailed March 11, the
day after the modification was accomplished. It appears to me that notifications
about the modifications should have been sent prior to the action taken .
I object, first because of the health and safety hazard involved . The fine dust
is already everywhere. When the wind blows the dust hangs in the air to be breathed
by prople in adjoining areas. The dust is on the highway near the entrance of the
mine and when a light rain occurs it becomes slick as glass . The traffic going
in and out of the mine has certainly added to the problems of an already traffic
filled section of Highway 29.
Secondly, I object becauses of not only the increased traffic by the
raising of the noise level . Heavy tractors and earth moving machines go about
engines revving and roaring. Heavy trucks go in and about with engines roaring.
It makes sitting outside around my own house, on my own property so uncomfortable
that it has become impossible.
Thirdly, I object because this area is zoned- for industrial development and is
located right in the middle of the so called I-85 Industrial Corridor which is
covered with industries . It has industries all around it. I had decided to offer
my property for sale for industry. Your mining efforts will devalue my property
so much that I will be unable to accomplishment my replacement elsewhere.
It is our understanding that nearly all the industries::are opposed to the
modification also. I also hope that your intrusion does not result in their moving
since it will add to the unemployment level 'in Clevelndnd County .
Yes I want to register and repeat my opposition and objections to your mining
permit modification. I urge you to record my opposition everywhere it needs to be
known.
- Sincerely,
� �cf�.,..� 9AQOri f JQI'Lt% f_ A y/J✓
Kay olli� ns Maddox Sarah E. Kirby'

y:
%r1Ji�n/ 4/24
R�r pS�F9 PolyGram
POIYGRAM MANUFACTURING
AND DISTRIBUTION CENTERS, INC.
fY 1J+1�� S`F4� Grover. No 20073
Telephone: 704-"J 4100
Telelaz: 7047344100
April 17, 1997
Mr. Charles Gardner
Director, Division of Land Resources
NCDBHNR
P.O. Box 27697
Raleigh, NC 27611
Dear Charles' -
Last week a number of plant managers, including myself, from the Highway 29 and 1-85
corridor met at ABB/Combustion Engineering Plant located on US Highway 29, Grover North
Carolina. -
.. It is with great.interest, we have followed the preliminary issuance of a mining permit to
Franklin Industrial Minerals. We wish to state that this is in no way acceptable to this industrial
community, We have collectively invested about 400 million dollars and employ 2,000 plus
people. Furthermore, I am currently trying to get one of our major printers to set up a satellite
printing facility in close proximity to our CD manufacturing facility. They are interested in land
close to where mining will take place. If the permit you granted the mining company is allowed to
remain, they might consider another location possibly on the 1-85 corridor in South Carolina,
since dust, which mining will create. is a very serious matter for a printing company. This group
believes that your department has made an error in granting this permit. We wish to invite you to
make immediate arrangements to visit this area and to discuss with us, the issues that now exist. I
look forward to your immediate response as well as your forthcoming visit. At this meeting we
propose to have legislative representatives, elected county officials, the Mayor of Kings

Mountain, all manufacturing manager representatives and area citizens. As you can see, we
approach this with serious interest.
Sincerely,
IIenensen
President
cc: Jim Crawley, Chairman of Cleveland County Commissioners
Lane Alexander, Cleveland County Manager
Scott Neisler, Mayor of Kings Mountain
Steve Nye, Director of Economic Commissioner
Debbie Clary, State Representative
John Weatherly, State Representative
Andy Dednion, State Representative
David Hoyle, State Senator (25th District)
Rev. Curry
Nat Greene, NC Department of Commerce .
page 2

l �
h 4�2415 ?
Eaton Cot0otation RECEIVED�'/�h� � C e�
Transmission Division APR 2 1 '97
744 South Battleground Avenue
P0. Box 1728
Kings Mountain,NC 280BE DR L"p V
7041937-7411
F_T*lit
April 17, 1997
Mr. Charles Gardner, Director
Division of Land Resources
NCDEHNR
P.O. Box 27687
Raleigh, North Carolina 27611 .
Dear Mr. Gardner:
On April 10, 1997 a number of plant managers frdm the Highway 29 and I-85 corridor meffo discuss the
preliminary issuance of a mining permit to Franklin Industrial Minerals. This group believes that an error
Chas been made by your deparVncnt in granting this permit.
We wish to state that this is no way acceptable to this industrial community. Eaton Corporation has
invested approximately S80 million and employs 625 people: Eaton is not apposed to mining,but
stresses the importance of the effect on the businesses presently manufacturing in the community
We wish 10 invite von to make immediate amngements to visit this area to discuss with us the issues that
now exist. We propose to have Icgisladvc representatives, elected county officials, manufacturing
manager representatives, and area citizens at this meeting.
1 look forward to hearing tram you regarding your visit.
Sincerely,
itmes W. Remhibx
Plant Manager
JWWcIm

Pon"#
MOTOR BEARING Exciuelve ucensee of ABC and wcsihir sc
EASTERN PLANT WESTERN PLANT AND HEADQUARTERS
129 Batllq oun0 Road 116 Beacon Street
Kings Mountain, NC 28086 South San Flamism, CA 940806988
Tel: [phone]M Fax: (]Oa)937-9429 Tel: [phone] Fox: (415) 8735717 (�
gC�i J�-
OP �5 ,97
April 21, 1997
AHrY,�
�J
Mr. Charles Gardner
Director, Division of Land Resources
NCDEHNR
P.O. Box 27 68 1
Raleigh, NC 27611
Regarding: Notice of Issuance of Mining Permit No. 23-03 as modified on
March 10, 1997, (Enclosure I) -
De ar Mr. Gardner:
I am writing this letter to express our concerns and disappointment over the
approval of the above mentioned mining permit to Franklin Industrial Minerals -
KMG Division in Cleveland County. As you will note, (see Enclosure II Archdale
Tract), the permitted area adjoins our property on the North East side.
I am the Vice President and Plant Manager of Pioneer Motor Bearing Company
(hereinafter Pioneer). .We have Manufacturing facilities on both coasts and are the
exclusive licensee of Westinghouse Electric, Power Generation Business Unit and
ABB, Power Generation Inc. We are the worlds only exclusive repair facility for both
of the above mentioned companies. It took Pioneer a great deal of time, effort and
expenditure Lo de-velop procedures and beco;ne qualified to support these companies
as they require. The approval of the above mentioned mining permit will jeopardize
the high degree of accuracy and surface finishes mandated to manufacture and
repair our product for these and other OEMs.
It should be noted, that to my knowledge, the owners of the adjoining property to the
permitted area were never notified and certainly we were not notified of the
requested permit change until after the permit was modified and approved. 'Are
never bad a chance to voice our opinion or conceins. Because of the sensitive nature
of the industry in this area regarding-erivirenmentafLentaminatlon issues in the
past, I believe there should have been notification and a-hearing held: We are now
given sixty days to investigate, organize and file a petition to contest the permit. At
Since 1920..manufacturing and repainng babbided bearings and seals for industrial and marine machinery.

April 21, 1997
Page 2
f this time I am not sure what the notification requirements are, but the proper time
to discuss the issues should be before the issuance of the permit not after.
I believe, because there were existing mining permits in this area, adding the
Archdale Tract to the permit was just routine. However, because of the extreme
close proximity of existing manufacturing plants a thorough environmental impact
study should have been conducted before issuing the permit.
The normal provisions for Air Quality and Dust Control in section 2 of the permit are
totally inadequate. As you are aware and the maps show, the overburden piles are
going to be around two sides of ABB Combustion Engineering (Kings Mountain
Community Property), with a twenty-five foot buffer. The same boundary conditions
exist for our property. It is noted in the permit that "During quarry operation, water
trucks or other means that may be necessary shall be utilized to prevent dust from
leaving the permitted area." The clouds of dust have already been noted rising into
the air on the days when they are working in the existing permitted sixty, acres.
With our typical winds from the north east, the dust is blown right into our facilities
thereby raising havoc with our processes. At present, this is now happening to ABB
with a thousand plus foot buffer. What is going to happen in the future when we are
bordered by huge piles of dust and dirt with no vegetation and the wind blows across
them? We will be inundated with dust and dirt.
How is Franklin Industrial Minerals going to handle this problem? Are they going
to keep the piles of dust watered down all of the time including nights, holidays and
weekends? Are they somehow going to stop all of the dirt being tracked by their
trucks from their dirt roads out onto Highway 29 to be blown around by passing
traffic? Obviously not. It would be an impossibility, or at least cost prohibitive. I do
not blame the mining operation, because this is just indicative of their type of work.
However, this type of operation is no longer compatible with the rest of the industry
in this area.
I am one of many Plant Managers that met at ABB Combustion Engineering to
discuss a plan of action on April 10, 1997. We collectively represent the
manufacturing plants on the Highway 29 and I-85 corridor, which has a combined
investment of approximately $400 million dollars and employs more than 2,000
people in Cleveland County. We are all very concerned about the issuance of this
permit and strongly urge that you visit our area and meet with us to see for yourself
the reasons behind these concerns.

®® It ®0
April 15, 19�97i r, .'C 17 1,9 ->
o�
Mr. Charles Gardner J�
Land Quality Section -- -
Division of Land Resources
NCD81-INit
P.O. Box 27687
Ralcioh, NC 27611
Dear Mr. Gardner: -
I all writing in concern over your approval for n mining permit by Franklin Industrial Minerals - KMG Division
in Cleveland Counly. (See Auacllmcn[ I)
I am the Gcncral Manager of AI313 Combustion Engineer ing which has a ,nanufncturing operation that is directly
beside the proposed -site. l lie Initial, ope,attion mill present a direct and substantial-hcalth, szfety, and
operational effect In our mane lbcuu'ing operation. As ycu can see from Attachment IL the proposed land to be
used is directly beside and behind our plant. The dust front the mining will affect our manufacturing equipment
and painting process. as well its the health of cur entpo%ees.
On April 10, 1997. manaeers of the mmnufacturi JILT plants on Highway 29 and 1-85 corridi Ni llich represent all
investment of about S400 million dollars and employ 2,000 plus people; met at my facility to express their
disappointment will Maur permit approval and discuss a plan of action. As cou can see from the enclosed
Petition. that all the m:magcrs support, we ire slrongly encouraging you to visit the area to see first hand the
cancel ns we have.
The lease for our operation il duc iitr ncnemnl in .little 1997. and we will have to consider the outcome of this
permit approval before we e�lcurf the (case.
urge you to reconsider the m illit approval for the health and safety of our elnlilovccs and the operational effect
ofour plant.
I look forward to eour immediate response as well as your forthcoming visit.
Thank you very much.
Sincerely.
James R. Barnette
J RB7e't1
Attachments
ABB Combustion Engineering Systems
James R.Barnette ComOeslion Engineering Inc. Telepnrnre p0Jt 739-6,at
General Manager 1755 Sarah Saulagramtl wane Fax(70n 73S.35Jg
Kings Maunlain,INC 2SO86

C: John Barker, President of John Barker Realty, Inc.
Jim Crawley, Chairman of Cleveland County Commissioners
f Lane Alexander, Cleveland County Manager
Scott Neisler, Mayor of Kings Mountain
` Steve Nye, Direetor of Economic Commissioner
j/ Debbie Clary, State Representative
John Weatherly, State Representative
Andy Dedmou, State Representative
David Boyle; State Senator(25th District)
Rev. Curry
Nat Green. NC Departinent of Commerce
Jim Rennirt, Gcncral Mmmtger of Eaton Corporation
Steve Boning V.P. F Plum Manager of Pioneer Motor Bearing
Wendell Slone, Plant Manager of Mayflower Vehicle Systems
Henning Jorgensen. President of PolyGram
Larry Brown. Operations Manager of Wirtz Manufacturing Co., Inc.
Bill McCarter. Planning/Land Records Dir. o6Cleveland County --
Peggy Paksoy. President 01 Cleveland CcunbV Chamber

Industrial Real Estate
F0. ;
John Barker Realt , Inc. �� Member Society of Induslrlal and
)y office Realtors
216 N. Morgan Street
1 ' LAL
P.O. Box 106
Shelby, N.C. 28150
704/482-4726
Thursday, April 10, 1997
Mr. Charles Gardner
Director, Division of Land Resources
NCDEHNR
P.O. Box 27687
Raleigh, NC 27611 v
Dear Charles:
This morning a number of people including several plant managers from the Highway 29 and 1-85
corridor rnet at ABB/Combustion Engineering Plant located on US 29, Grover, North Carolina
With great interest, we have followed the preliminary issuance of a mininLT permit to Franklin
industrial Minerals. We wish to state that this is in no way acceptable to this industrial
community. We have collectively invested about S400 million dollars and employ 2,000 plus
people. This V7roup believes that an error has been made by your department in granting this
permit. We.wish to-invite you to make immediate arrangements to visit this area and to discuss
with us, the issues that now exist. 1 look forward to your immediate response as well as your
forthcoming visit. At this meeting we propose to have legislative representatives, elected county
officials, the Mayor of Kings Mountain, all manufacturing manager representatives and area
citizens. As you can see, we approach this with serious interest.
johherely
T. Barker, Sr., SIOR
sider
JTB, SrAd

i
John Barker Realty, Inc.
i CC: Jim Crawley, Chairman of Cleveland County Commissioners
INDUSTRIAL REAL erTATe
Lane Alexander, Cleveland County Manager
�0 Scott Neisler, Mayor of Kings Mountain
Steve Nye, Director of Economic Commissioner
Debbie Clary, State Representative
John Weatherly, State Representative
Andy Dedmon, State Representative
David Hoyle, State Senator (25th District)
Rev. Curry
Nat Greene, NC Department cf Commerce

State of North Carolina
Department of Environment, MAI
Health and Natural Resources • •
Division of Land Resources r�Al
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Charles H. Gardner, P.G., P.E.
Director and State Geologist
April 22, 1997
Mr. James R. Barnette
General Manager
ABB Combustion Engineering Systems
1755 South Battleground Avenue
Kings Mountain, North Carolina 28086
RE: Franklin Industrial Minerals - KMG Division
Mining Permit No. 23-03
Cleveland County
Dear Mr. Barnette:
Thank you for your letter dated April 15, 1997 concerning
the recently issued modification to the above referenced mining
permit. Attached to your letter -was a completed Petition- for a
Contested Case Hearing (Petition) . It appears that the Petition
has original signatures. In addition, the Office of
Administrative Hearings (OAH) has indicated that it has not
received this petition, to date. Thus, it appears that you
inadvertently sent this petition to my attention in lieu of the
proper-authority, which---is. OAH. - I am returning this Petition to
you so that you may properly file it with OAH by the prescribed
deadline.
My staff and I would be pleased to meet with you to discuss
your concerns. However, as this matter .will technically be in
litigation_ once you properly file your Petition, such a meeting
should be coordinated through the Department's attorney handling
this matter. Thus, you may contact Ms. Anita LeVeaux-Quigless of
the -Attorney General's Office at (919) 733-7247 to set up a
mutually convenient date and time. I am enclosing a copy of
Mining Permit No. 23-03 , which constitutes this agency's action
and outlines the restrictions placed on the mining company to
ensure protection of the surrounding environment and citizens in
the area.
Geological Survey Section Land Quality Section
[phone] [phone]
FAX: [phone] FAX: [phone]
P.O.Box 27687,Raleigh,North Carolina 276 1 1-7687 • Telephone [phone] • FAX[phone]
An Equal Opportunity/Affirmative Action Employer • 50%recycled/10%post-consumer paper

Page 2
Again, thank you for your interest in this matter. I am
looking forward to discussing this matter further with you at the
upcoming meeting.
Sincerely,
Charles H. Gar ,ner, P .G. , P. E .
CHG/td
Enclosure : Original Petition for a Contested Case Hearing
Copy of Mining Permit No . 23-03
CC : Mr . Mell Nevils, P.E .
Mr . Tracy Davis, P .E .
Mr. Doug Miller, P . E .
Ms . Anita LeVeaux-Quigless, Esq.

Apra 15. 1� 7 APR 1 7 �9Js7L:J IIU�I
MI Charles cialolnul �y
Land Quality Section
Division of Lund Itcsnmccs
NCE)FIiNK
11.0. Ise. 27687
R:dcigh, NC 27611
Deal Mr. Gardner:
I am writing in concern over your approval lot' a mining permit by Franklin Industrial Minerals - KMG Division
is Cleveland Couriw (Sec Altachnront l)
I am the General Mamo,cl of ABB Combustion 1mginecring which has a manufacturing operation Illat is directly
beside the proposed site. 'file mining opeiation will present a direct and substantial health, safety, and
operational Jet t on our nlanufaauring operation. As you can sue from Attachment 11, the proposed had to be
used is dlrecly beside and hehlud our plant. ']'he dust Gon1 the mining will allect our mmnulacturing equipment
:md painting proocss, as well as the health ofour cmployccs.
On April Ill, 1997, manugcrs of the manufacturing plants on Highway 29 and 1-95 corridor, which represent Lill
it vesmmnt of allout $ 00 million dollars and employ 2,000 plus people, met tit my facility to express their
disappointment will your permit approval and discuss a plan of action. As you can see from the enclosed
petition, that al the m:magms support, we are strongly encouraging you to visit the area to see first hand the
concerns we have_
The lease for oar opel'uli al is due for renettal iu June 1997, and we will have to considei the outcome of this
pernlil approval bct3xa ,vo cstend the lease.
I mgeyou to reconsider the permit approval for the health and safety ofour employees and the operational effect
of our plant.
I Tool: Ielwanl In your iemtabnlc rospanse as well as your forthcoming visit.
Thant: You very lunch.
Sincerely,
4�
I:ones R. Barnette
R 13hvd
Allachntcnts
ABB Combustion Engineering Systems
Jamesn.Baneae Catnbustion Engineering Inca TOIaphane larval 739-6101
Goneral Manager 1766 South Baaleglound Avenue Fax p0417393349
pugs Mountain,NC 290e6

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CC: John Barker, President of.lohn Barker Realty, Inc.
Jim Crawley, Chairman ol'Cleveland County Commissioners
Lane Alexander, Cleveland County Manager
Scott Neisler, Mayor of'Kings Mountain
Steve Nye, Director of Economic Commissioner
Debbie Clary, State Representative
John Weatherly, State Representative
Andy Dedmon, State Representative
David Hoyle, State Senator(25th District)
Rev. Curry
Nat Green, NC Department ol-Commerce
Jim Rennirl, General Manager of Raton Corporation
Steve 13onino, V.P. &-, Plant Manager of Pioneer Motor Bearing
Wendell Slone, Plant Manager of-Mayflower Vehicle Systems
Henning.lorgensen, President of PolyGram
Larry Brown, Operations Manager of Wirtz Manufacturing Co., Ine,
Bill McCarter, Planning/1-mid Records Dir. ofClevelalid County
Peggy Paksoy, President of'Cleveland County chamber

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BTATROP NORtM CAP.IMJNA IN TNB O
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12) James R. Barnette )
ABB Combustion Engineering )
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Health & Natural Resources
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(10) Mr. Charles H. Gardner (Il) NCDENNR
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(12) P.O. Box 27681 Raleigh NP 7
(wall 101110" wbw) (40 wdd
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When yw becewmplemd Wtdw¢:,yW M/341'mtll tt wibmt lw ORIGINAL AND COt7Y m the OfBw of AJNWVMco
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03/18/97 11: 17 '0418 873 8717 PIOnE CA .+.. PIONR!N-9C QOOL/00L
RECEIVED
Txaav nwem of MAR i 8 �
NIHINs FERMI �
You have previously expressed an interest and/or are listed an an
adjoining land owner in the application to modify this mining permit
filed by, Franklin Industrial Minerals to conduct mining activities at
Mora-Heisler Mine in Cleveland County. The mining permit (no. 23-03) was
modified on March 10, 1997. - .
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 purauint to
N.C.'G.S. 1505-23 of the Administrative Procedure Act (APA) .
'If you believe that you are an aggrieved party within the meaning of
tha. APA, a..petlttan .for a contested case must be filed in the Office of
Administrative Heariiga within sixty I601 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 Etatutetl 150E-23 . File. the original
petition and one copy with tha'.Office of Administrative Hearings, P.O.
Drawer 27447, Raleigh, N. Cr 27611-7447. _ .
Any questions about filing a petition may be directed to the Clerk
of the office of Administrative Hearings by telephoning. (919) 733-0925.
You must serve the Department of Environment, Health and Yatural
Resources by mailing a copy of the petition to Mr. Richard D. whienant,
Registered Agent and General Counsel,.,Poet Office Box 27697, Raleigh,
North Carolina 27611,
Charles H. Gardner
Director
Division of Land Resources
. North Carolina Department of
Ravironment, Health and Natural . .
Resources
d
AThis notice was ,mailedoQT /{q .
Susan Edwards ..
. . _ Mining- P,rngram secretary

Archdale Tract
252 Acres 1 .'� �i
Hawks Trcct
29 Acres f
z' Nine Permlt /J 23-10 L
i
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Mine.
-/ �a Mine,
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State of North Carolina
Department of Environment,
Health and Natural Resources Ask
I'l
7,LA�
Division of Land Resources
James B. Hunt,Jr., Governor �C
Jonathan B. Howes, Secretary C
Charles H. Gardner, P.G., P.P.
Director and State Geologist
April 22 , 1997
Mr. John T. Barker, Sr. , SIOR
President, John Barker Realty, Inc.
216 N. Morgan Street
P.O. Box 106
Shelby, North Carolina 28150
RE: Franklin Industrial Minerals - KMG Division
Mining Permit No. 23-03
Cleveland County
Dear Mr. Barker:
Thank you for your letter dated April 15 , 1997 concerning
the recently issued modification to the above referenced mining
permit.
My staff and I would be pleased to meet with you to discuss
your concerns. However, as this matter will technically be in
litigation once a Petition for a Contested Case Hearing is
properly filed_ by ABB Combustion Engineering Systems, such a
meeting should be coordinated through the Department's attorney
handling this matter. Thus, you may contact Ms. Anita LeVeaux-
Quigless of the Attorney General's Office at (919) 733-7247 to
set up a mutually convenient date and time. I am enclosing a
copy of Mining Permit No. 23-03 , which constitutes this agency's
action and outlines -the restrictions placed on the mining company
to ensure protection of the surrounding environment and citizens
in the area.
Geological Survey Section Land Quality Section
[phone] [phone]
FAX: (919)733-M FAX: [phone]
P.O. Box 27687,Raleigh,North Carolina 27611-7687 • Telephone [phone] • FAX[phone]
An Equal Opportunity/Afflrmattve Actlon Employer • 50%recycled/10%post-consumer paper

Page 2
Again, thank you for your interest in this matter. I am
looking forward to discussing this matter further with you at the
upcoming meeting.
Sincerely,
N • G�-�
Charles H. Gardner, P.G. , P . E .
CHG/td
Enclosure : Copy of Mining Permit No. 23-03
cc : Mr. Mell Nevils, P .E .
Mr. Tracy Davis, P.E .
Mr. Doug Miller, P. E .
Ms . Anita LeVeaux-Quigless, Esq.

Industrial Real Estate
RE L.
John Barker Realty, Inc. 'APR Member leOfficery offttors rla!and
216 N. Morgan Street 1 �;
P.O. Box 106 DIV LAP-L, �.
Shelby, N.C. 28150
704/482-4726
Thursday, April 10, 1997
Mr. Charles Gardner
Director, Division of Land Resources
NCDEHNR
P.O. Box 27687
Raleigh, NC 27611
Dear Charles:
This morning a number of people including several plant managers from the Highway 29 and 1-85
corridor met at ABB/Combustion Engineering Plant located on US 29, Grover, North Carolina.
With great interest, we have followed the preliminary issuance of a minim; permit to Franklin
Industrial Minerals. We wish to state that this is in no way acceptable to this industrial
community. We have collectively invested about $400 million dollars and employ 2,000 plus
people. This group believes that an error has been made by your department in granting this
permit. We wish to invite you to make immediate arrangements to visit this area and to discuss
with us, the issues that now exist. 1 look forward to your immediate response as well as your
forthcoming visit. At this meeting we propose to have legislative representatives, elected county
officials, the Mayor of Kings Mountain, all manufacturing manager representatives and area
citizens. As you can see, we approach this with serious interest.
erely
�wt-c
oh T. Barker, Sr., SIOR
P sidcnt
JTB, Sr./ld

John Barker Realty, Inc.
CC: Jim Crawley, Chairman of Cleveland County Commissioners INDUSTRIAL. RFAL FISTA"IT.,
Lane Alexander, Cleveland County Manager
Scott Neisler, Mayor of Kings Mountain
Steve Nye, Director of Economic Commissioner
Debbie Clary, State Representative
John Weatherly, State Representative
Andy Dedmon, State Representative
David Hoyle, State Senator (25th District)
Rev. Curry
Nat Greene, NC Department of Commerce

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(AREA NOT INCLUDED )_
COUNTY BOUNDARY '

ABB Combustion Engineering Systems
1755 South Battleground Avenue
Kings Mountain, NC 28086
704/739-9513 fax [phone]
President: Richard Cronin
Gen, Mgr.: Jim Barnette
Personnel Dir.: Cheri Davis
Environmental Coordinator: Jim Ferebee
Quality Coordinator: Jim Ferebee
Safety Coordinator: Cheri Davis
Pur. Agent: Ray D. Sturgill
Product: Heat recovery steam generators (HRSG's), spiral fin economizers, piping,
desuperheaters, & spiral fin tubing.
Eaton Corporation
Highway 29 South, P.Q. Box 1728
Kings Mountain, NC 28086
704/937-7411 fax [phone]
Plant Mgr.: James Rennirt
Mfg. Superintendent: John Sczensy
Personnel Dir.: Lee Sherrill
Environmental Coordinator: Tony Chapman
Quality Coordinator: Jay Bridges
Safety Coordinator: Tony Chapman
Purchasing: Doug DiJoy
Product: Heavy duty truck transmissions
Express Container Corporation
105 Avenue L
Newark, NJ 07105
201/589-215S fax [phone]
President: Stephen Well
Executive Vice President: Dan Mearns
General Mgr.: Scott Chamberlain
Product: Packaging Material
Motor Panels, Inc.
South Battleground Rd.
P.O. Box 789
Kings Mountain, NC 28086
704/937-4400 fax [phone]
Plant Manager: Frank J. Dombrosky
Human Resources Mgr.; Wanda Neal
Materials Mgr.: G.T. Hutton
Product: Truck cabs

Pioneer Motor Bearing, Co.
129 Battleground Rd.
Kings Mountain, NC 28086
704/937-7000 fax [phone]
President: Gordon P. Bardet
VP/General Mgr.: Stephen R. Bonino
Sales Mgr.: Dennis F. Treutlein
Per. Dir.: Stephen R. Bonino
Environmental, Quality and Safety Coordinator: Robert Swisher
Pur. Agent: Marcia L. Badger
Product: Fluid film bearings
Polygram Mfg. & Distribution Centers, Inc.
US Hwy 29 South
P.O. Box 400
Grover, NC 28073
704/734-4100 fax [phone]
President: Henning Jorgensen
Sales Mgr.: Tony Perez
Envir./Safety Coordinator: Chuck Valentino
Personnel Dir.: Albert T. Nikles
Purchasing: Don Vaughan
Product: CD Manufacturer
Wirtz Manufacturing Co., Inc.
701 South Battleground Ave.
Grover, NC 28073
704/937-7713 fax [phone]
Oper. Mgr.: Larry G. Brown
Assembly Supv.: Gerald Putnam
Mfg. Supv.: Mike Badger
Purchasing Agent: Jeff Murdock
Materials Mar.: Bernie Squeo
Personnel: Sybil Willis
Parts-Sales Mgr.: Elaine Lambert
Product: Battery manufacturing equipment

State of North Carolina
Department of Environment,
Health and Natural Resources 4 • •
Division of Land Resources
YY
James B. Hunt, Governor ID FEE N F3
Jonathan B. Howes, Secretary
Charles Gardner, P.G., P.E.
Director and State Geologist
April 10 , 1997
Mr . Jim Barnette
ASS Combustion Engineering Inc .
1755 South Battleground Avenue
Kings Mountain, North Carolina 28086
Re : Franklin Industries , Inc . . f;P.* .
Moss-Neisler Mine - •t
Mining Permit No. 23-03
Cleveland County
Broad River Basin '+
Dear Mr. Barnette:
I regret to inform you that the modification request for the
above referenced mine site was approved on March 10 , 1997 . rYoui'.:
letter was received on March 20 , 1997 .
I have enclosed a copy of the modified mining permit for your.,
-"�'�` �
information . The conditions in the modified permit should addrese-*1w1.
-- your concerns for your employees and your plant. y
Please contact me at ( 919) 733-4574 if you should have any -
questions- concerning this matter .
Sincerely,
Tony`L. Sample, C.P. E.S .C .
Assistant State Mining Specialist
Land Quality Section
TLS/
Enclosure
cc : . Mr. G . Douglas Miller, P. E.
Geological Survey Section Land Quality Section Geodetic Survey Section
[phone] [phone] [phone]
FAX: [phone] FAX: [phone] FAX: [phone]
P.O. Box 27687, Rdeigh,North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affm ive Action Employer 50%recycled/ 10%pmt-canwmar paper

P� 23 03 I\ 11ID ►E EiVED
",q 2 0 '97
fktY LAND RES.
March 191 1997
Mr. Charles Gardner
Land Quality Seclion -
Division of Land Rcsources
NCDEHNR L661 O� vu
P.O. Box 27697 ar
Raleigh, NC 27611 kj �
])car Mr. Gardner:
I am writinc in concern over the request for a mining permit by Franklin Indushial
Minerals- KMG Division in Cleveland County. (Sce Attachment I)
I am the General Nlanagcr ol'ABB Combustion Bnginecring which has a numufacturing
opetation that is dilecily beside the proposed site. The mining operation will present a
direct and substanuul health, safety, and operational effect on our manufacturing
Operation. As you can see from Attachment II, the proposed land to be used is directly
beside and behind our plant. The dust From the mining will affect our manufacturing
equipment as well as the health or Our employees.
The lease lox our operation is due For renewal in .[line 1997, and we will have to consider
the outcome of this permit request befoic we extend the lease.
I urge you to rouse the pclmit request for the health and safety 01 our employees and the
operational effect otnur plant.
Thank VOL] very nulch.
Sincerely.
.lim Barnette
.IR13/wd
Aaachmonts
ABB Combustion Engineering Systems
James n.90rnelle Combusunn Engineering Inc. Telepheue(704)759-6141
General Manager 17555oalh 8e111egrnund Avenne Fax[phone]-&999
Kings Meumaln, NC 28066

. :�o tit ]U}itlJitllU 1A1 >aanaavrt
NOTICE
pursuant to provisions C.S. 74-SO of The Mining Act of 1971. Notice is hereby given thas
Franklin Induserial Ninerais KMC Division hasappbed on laZIJL ^
ppllcant Name) (A>tc)
Resources.
C>CCwolER
to the LnJ Qritiry Section. Division of herd Resource. Worth Caroliru Department of Environment, Hnldt,
and Natural Resources. P. O. Wx 216971 Raleigh, North Carolina .17611, for (check one):
(a) a Be& surface mining permit
(b) a mrsIbIcnti n to add Wj=cnt land to in existing surfers mining perm4
The applicant proposes to mine 'Mie on o7 acres located
(Mracr , Ora) lNumbcq
2. 5 Southwost of KinnS Mountain , NC
(hides} (olrecuon) rarest Town)
at l7(lear road us 24 in Cleveland
(Road Nunilicrr Mont) Mont of Comity)
oSCC Al oiCllrn MAP roe plloposrD pr•jag4 14 n0()NDA Renee AND C0jU=PONIIINC
AOJOUJlNC LANDOWNER NAhtls AND WCA1YONS•
In accordance with C.S. 74-50, the tnine opmor is required to mike a reasonable effort to nOdfy all
owners or record or Jana ud}oiawL (cuudauiius) w Lhc propawd mine site (permit boundaries), and to nulify
aic cniei adnunisrrsdve affiw of isle county or mumeip6lity in which the site is located. Any persan ntar Ide
written wnuncm(s) w the Depa 1114rt at the awvo address witnin d 'wry (SU) Jayf of file (ssumrcc of Inis Notice
ur the tlfing of die appaeauon tar a permit, whichever IS later. Should Lila Aepartfncni dCWrmnc u,a a
ln.gcva public iutr"reet crAls relative to G,S. 74-51, a puol(C htmring wiR be held widiin adayi of tilt cne
ulc 10-day wmmcm period specified above.
A copy of the permil applicadon materials are on file and available for public review during normal
business hours at the above listed address a well as a me appropriate regi0na! of Igee, ror further inrarmation
call (919) 77d-t.57•i. Alt•:ur_ nod- ter_ ,r,r Jlry(1Zp1•n`WTI rnne 1 • n r�ISve nr ,w,Tri rrrn
re •Lr![LQ��Ia nn 1 'n h I .Ltil JI _ ht I..L�1S.(9f 1071 1!.S'�1—L
Pn"-' r "^�-narr dectilm, i._n,•(oo nn 11n II�ILiliMenn.
Cleveland County.
P. O.
Box 1210
' �j,'iuID'$Ld'S�'•r,{lif.' .�nST-SR1a071753J'���
11/11/96
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\ Franklin industrial Minerals KMC Division
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_ - (Name AppLcun
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Pa3�7Y9 . Ki n�a Mountain . NO 46an6
(A Jig"s of Appliawll)
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?� =Archdale- Trffct-
�252 Acres t //i -
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rr Hawks Trcct
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Mine Permit # 23-10
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CN,
..Richard C unsel ntGeneral Counsel
TO: at'oty& A�4ef DATE:
RESPOND BY:
PLEASE: Draft amply for the Secretary's signalum and mlum to me.
Reply,noting the teller was eefemed to you by me
(copy m Secmlary's Office).
Draft a reply for the Goswmar's signature and Mum to me.
Draft a reply for my signature and mlum in me.
Reply,noting the letter was referred to you by
/ Governor Hunt(copy to Secretary's Office).
VV Firyourinformation.
/ Take appropriate action.
Recommend appropriate action.
Your mmmenls and/or mcommendations.
For your approval.
RECEIVED
RE MR KS:
APR 2 3 '97
DIVJAND RES
North Carolina Department of Environment,Health,and Natural Rmounms
512 N.Salisbury Street • Raleigh 27611 • (90)733-4994

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RECEIVED
OFFICE OF GENERAL COUNSEL
1829 Battle Ground Ave.
APR 18 1997 Kings Mountain, NC 28086
Mr. Richard B. Wlri.snant ENVIRONMENT HEALTH
PO Box 27687 Raleigh, NC 27611 AND NATURAL RESOURCES
Dear Mr. t1hisnant:
I want you to know of mine and Sarah E. Kirby's extreme opposition to any
modification of mining permit P23-03 filed by Franklin Industrial Minerals at
Moss-Neisler dine in Cleveland County, North Carolina.
Apparently the permit, according to your notice, has already been modified
having been done on March 11, 1997. Your notification was mailed March 11, the
day after the modification was accomplished. It appears to me that notifications
about the modifications should have been sent prior to the action taken.
I object, first because of the health and safety haeard involved. The fine dust
is already everywhere. When the wind blows the dust hangs in the air to be breathed
by prople in adjoining areas. . The dust is on the highway near the entrance of the
mine and when a light rain occurs it becomes slick as glass. The traffic going
in and out of the mine has certainly added to the problems of an already traffic
filled section of Highway 29.
Secondly, I object becauses o:f'not only the increased traffic by the
raising of, the noise .level . Heavy tractors and earth moving machines go about
engines revving and roaring. heavy trucks go :in and about with engines roaring.
It makes sitting outside around my own house, on my own property so uncomfortable
that it has become impossible.
Thirdly, I object because this area is zoned for industrial development and is
located right in the middle of the so called I-85 Industrial Corridor which is
covered with ihdustries. It has industries all around it. I had decided to offer
my property for sale for industry. Your mining efforts will devalue my property
so much that I will be unable to accomplishment my replacement elsewhere.
It is uur understanding that nearly -all the industries;<are opposed to the
modification also. I also hope that your intrusion does not result in their moving
since it will add to the unemployment level in Clevelndnd County.
Yes I want to register and repeat my opposition and objections to your mining
permit modification. I urge you to record my opposition everywhere it needs to be
known.
Sincerely,
Kay tZollins Maddox Sarah E. Kirby'

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Structure To ° s
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21 Si Slop s, D5d=9" / en I Sump Area 00 dGy
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UAcco rm CF. 950 25' Buffer
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NO. DATE REVISION ®FRANKLIN INDUSTRIAL MINERALS
1) 1 „- 100' PRO ax0. n3Ari
2) o tE: 1 27 97 MINE MAPPING G.L. HANKINS
=:
4) ARCHDALE MINE - EAST
55) SUBM1=: OBA1 G Na n
6) MINING ACTIVITY 6499501

View Ask Report Create Modify Image Forms Tools Scripts Exit _
[•] Standard Form [t]�
Permit No . : 23-03 Owner: FRANKLIN INDUSTRIES INC
County: CLEVE Mine Name: MOSS-NEISLER MINE
Region: 3
Contact Person: GLENN R MCCLOSKEY P E Phone : [phone]
Mailing Address : P O BOX 729
City: KINGS MOUNTAIN State : NC Zip : 28086
i1
Commodity Code : MI Application Rec 'd Date : 5/22/72
Issue Date : 7/26/72 Public Hearing Date : 3
Permit Revised Date : 3/10/97 Expiration Date: 5/16/2004
Total Acres Permitted: 901 Date Denied: �'-
Total Acres Bonded: 425 Mine Status : A „
Type of Bond: BO1 Release Date : fir,.
Bond Amount : 500, 000 . 00 ARR Rec ' d Date: 2/04/97
Last Inspection: 7/12/94 Next Inspection: 7/07/95
Last NOV: 6/02/93 Last NOD: Ile
No. Insp/Yx: 0 No. Znsp to Date : 0 River Basin: BROAD it
Latitude : 3519167 Longitude : 8140833 Quadrangle : GROVER
y
•ACRES DISTURBHD ANNUALLY* (no. 2 on ARR form) ?�
316 of 1501 • -= - -- .J
F1 Help F7 Table Ctrl-PgUp Prev Ctrl-PgDn Next Alt F9 COEdite: -. Main
View Ask Report Create Modify Image Forms Tools Scripts Exit
[•] Standard Form [ i]1
*ACRES RECLAIMED AND RELEASED ANNUALLY* (Central office only)
Tailings Ponds : 0 Stockpiles : 0 Wastepiles : 0 y
Processing Plant : 0 Active Mine Area : 0 Total : 0ee
f3i
*CUMMULATIVE ACRES DISTUR13ED AND UNRECLAIMED* ( no. 4 on ARR form)
ele
Tailings Ponds : 98 Stockpiles: 26 Wastepiles : 26 ,%
lZ
Processing Plant : 53 Active Mine Area : 42 Total : 245 -`
CENTRAL OFFICE COMMENTS : Issued to Kings Mt . Mica Co. on 7/26/72; transferred
to KMG Minerals on 9/20/81; and transferred to
Franklin Ind . on 10/14/94
ig
REGIONAL OFFICE COMMENTS :
i
lee
316 of 1501 • q x �„„, ,.�
Fl Help F7 Table Ctrl-PgUp Prev Ctrl-PgDn Next Alt-F9 COEdit Main

Date // lq(/ 7
MEMORANDUM
TO: File
FROM: Susan Edwards
SUBJECT: Np tice of Issuance of Mining Permit
.sue � �0• �3-03
A copy of the attac ed "No, ce of ssuance of Mining Permit" was sent to
all people listed in the Affidavit of Notification and any additional people who
sent in letters. . if a public hearing was held , a copy of the "Notice of '
Issuance of Mining Permit" was sent to all people who signed the sign in sheet
at the public hearing. My initials , written in red, will be beside the names of
the people in the file who were. sent this "Notice" ..
cc: Regional Engineer

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 Franklin Industrial Minerals to conduct mining activities at
Moss--Neisler Mine in Cleveland County. The mining permit (no. 23--03) was
modified on March 10, 1997 .
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 150B-23 . File- the original
petition and one copy with the Office of Administrative Hearings, P.O.
Drawer 27447, Raleigh, N. C. 27611-7447 .
Any questions about filing a petition may be directed to the Clerk
of the Office of Administrative Hearings by telephoning (919) 733-0926.
You must serve the Department of Environment, Health and Natural.
Resources by mailing a copy of the petition to Mr. Richard B. Whisnant,
Registered Agent and General Counsel, Post Office Box 27687, Raleigh,
North Carolina 27611.
Charles H. Gardner
Director
Division of Land Resources
North Carolina Department of
Environment, Health and Natural
Resources
This notice was mailed on // /gg7
A6- &�M�
Susan Edwards
Mining Program Secretary

LT!;
WA
IEE V F=l
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT,
HEALTH, AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
P.O. BOX 27687
RALEIGH, NORTH CAROLINA 27611
TELEPHONE: [phone] FAX. [phone]
FACSIMILE MESSAGE
TO:
COMPANYIDEPARTMENT: �J)//M ,t m?3 6gimA (r Go
PHONE NO.: (-7,40q) it p — 0603
FAX NO.. ( '764) 13'7-0qyl
FROM: f".&I 'bAJA,
- -DATE:— ---- -11 q l - ----77ME: - -
NUMBER OF PAGES BEING SENT (INCLUDING THIS PAGE):
COMMENTS: Q C-// ' n
�y a Gnw n �wnr o�
614J), 6;t- Ail,

4
� EHNR
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT,
HEALTH, AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
P.O. BOX 27687
RALEIGH, NORTH CAROLINA 27611
TELEPHONE: [phone] FAX: [phone]
FACSIMILE MESSAGE
TO: xkty�
COMPANY/DEPARTMENT.
PHONENO.c CIl4) 4Dz- 412L
FAXNO.: 05GI
FROM: 7M1 bk✓LS
DATE.-
NUMBER OF PAGES BEING SENT (INCLUDING THIS PAGE): 13
COMMENTS : /Jn '
� F

LEDFORD ENGINEERING INCORPORATED
Consulting Engineers & Land Surveyors
56 Rovenscroft Dr,
P.O. Box 2217
Asheville, NC 28802
[phone]
1-800-654-8891
February 13, 1997 JN1
f'�,n EAX(704) 255-0770
`fin
�I
Mr. Tony Sample, C.P.E.S.C. 17i Assistant State Mining SpecialistLand Quality Section �
P.O. Box 27687
Raleigh, NC 27611
Re: Moss-Neisler Permit Modification Request
Mining Permit 23-03
Cleveland County
Dear Mr. Sample,
This letter is in reference to your Certified letter dated 1/30/97 to Glenn R. McCloskey of
Franklin Industrial Minerals for the above referenced project. This permit modification
request is for the Moss-Neisler Permit, 9 23-03, not for the Hawks Mine Permit, 9 23-10,
as stated in your letter. Franklin Industrial Minerals would like to include the Archdale
Tract and the Hawks Tract in the Modified Moss Neisler Permit.
On behalf of Franklin Industrial Minerals we respond to your comments/additional
information request as follows
1 , A 10' undisturbed buffer has been added to the plans_ This-is additional to the
25' buffer that was already designed.
2. A double row of white pine trees planted with a staggered spacing has been added
to the visual berm detail, Sheet 4 of 4 of the plans.
3. Silt fencing surrounding visual berms was included on the original plans. The
location of this silt fencing and the visual berms has been adjusted to account for
the 10' undisturbed buffer that has been added to the design.
4. Calculations for the permanent diversions are included herein. Dimensions for
the permanent diversions are included on the detail drawing in the plans,
Sheet 4 of 4.
5. The length of the rock dams was included on the plans. It is the same as the
length dimension for the sediment basins. A note clarifying this has been added
to the plans.
I

• 0
6. The waste/overburden will be placed in the spoil areas compacted in 12" lifts.
Proper slope must be maintained to prevent erosion. A note explaining this has
been added to the detail drawing on the plans, Sheet 4 of 4.
7. Another basin (#5) has been added to the plans adjacent to basin#2. This is
illustrated on Sheet 3 of 4 in the plans.
8. The rip-rap Glitch detail on Sheet 4 has been modified to indicate undercutting so
that the stone is flush with the required grade.
9. Sediment basin 44 is large enough so that a minimal amount of grading is
required to divert water from the adjacent drainageway to the basin, negating the
need for an additional sediment basin in this area.
10. Initial operational procedures will not require that any blasting be performed on
the site. When it becomes evident that blasting will be required, an independent
contractor will be hired to handle the blasting and a comprehensive blasting plan
will be submitted to the State for review& approval prior to any blasting.
If you have any questions regarding this permit modification request, please call.
Sinc ly,
Dave Pasko
enclosures
M. Glenn R. McCloskey(wlent.)
WG l.doc

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Sediment and Erosion Control Calculations
for
KMG Minerals - Archdale Mine
for
Franklin Industrial Minerals
Kings Mountain, North Carolina
February 13, 1997
, tN CARPI
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prepared by:
Ledford Engineering Inc.
56 Revenscroft Drive
Asheville, North Carolina

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Nov. 6, 1996 Erq§ion Control Plan Prepared By:
Ledford Engineering Inc.
Supporting Calculations for the Design of Erosion Control Measures for
KMG Minerals -Archdale Tract
Basin#1
Sediment Pool Area Disturbed area =43.0 Ac. Drainage Area = 50.0 Ac.
c=.50, 1=7inlhr Q25= .50 x 7 inlhr x 50.0 ac
= 173 cfs
Sediment Vol. = 1600 cf/ac x 43.0 ac = 77,400 cf
77,400 of 5 ft. = 15,480 sf
To maintain efficient trap collection we recommend the following:
Basin size= 90' x 180' m 6' deep
Rock Dam
The height of the Dam at the center shall be 8 ft. and the embankment width shall be 10 ft. wide.
The side slopes on the embankment shall be 2:1 upstream and 3:1 downstream
The top of the Dam shall act as the spillway.
Basin#2
Wiment_Pool Area Disturbed area =34.0 Ac. Drainage Area= 34.0 Ac.
c=.50, 1=7inlhr Q25 .50 x 7 inlhr x 34.0 ac
119 cfs
Sediment Vol. = 1800 cf/ac.x 34.0 ac=61,200 cf
51,200 of_4 ft. = 15,300 sf
To maintain efficient trap collection we recommend the following:
Basin size = 90'_x 18Q' x 4' deep

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Rock Dam
The height of the Dam at the center shall be 8 ft. and the embankment width shall be 10 ft. wide.
The side slopes on the embankment shall be 2:1 upstream and 3:1 downstream
The top of the Dam shall act as the spillway.
Basin #3
Sediment Pool Area Disturbed area= 13.0 Ac. Drainage Area = 13.0 Ac.
c=,50, 1=7inlhr 02_ .50 x 7 inthr x 13.0 ac
=45.5 cfs
Sediment Vol. = 1800 cf/ac x 13.0 ac= 23,400 cf
23,400 cf y 4 ft. = 5,850 sf
To maintain efficient trap collection we recommend the following:
Basin size = 54'x_108' x 4' deep
Rock Dam
The height of the Dam at the center shall be 8 ft. and the embankment width shall be 10 ft.wide.
The side slopes on the embankment shall be 2:1 upstream and 3:1 downstream
The top of the Dam shall act as the spillway.
Basin 04
Sediment Pool Area Disturbed area= 30.0 Ac. Drainage Area =34.5 Ac.
c=.50, 1=7inlhr Q2= .50 x 7 inlhr x 34.5 ac
= 120 cfs
Sediment Vol. = 1800 cf/ac x 30.0 ac=54,000 cf
54,000 cf r 4 ft. = 13,500 sf
To maintain efficient trap collection we recommend the following:
Basin size= 85' x 170' x 4' deep

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Rock Dam
The height of the Dam at the center shall be 8 ft. and the embankment width shall be 10 ft. wide.
The side slopes on the embankment shall be 2:1 upstream and 3:1 downstream
The top of the Dam shall act as the spillway.
Basin#5
edi ent Pool Area Disturbed area=21.0 Ac. Drainage Area =25.0 Ac.
c=.50, 1=7in/hr Q25- .50 x 7 inlhr x 25 ac
= 88 Cfs
Sediment Vol. = 1800 cflac x 21.0 ac= 37,800 cf
37.800 cf+4 ft. = 9,450 sf
To maintain efficient trap collection we recommend the following:
Basin size= 75' x 150' x 4' deep
Rock Dam
The height of the Dam at the center shall be 8 fit. and the embankment width shall be 10 ft. wide.
The side slopes on the embankment shall be 2:1 upstream and 3:1 downstream
The top of the Dam shall act as the spillway.

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Triangor Channel Analysis & Des*
Open Channel - Uniform flow
Worksheet Name: Kmg-Rev1
Comment: Sed. Basin #1, Perm. Div. A
Solve For Depth
Given Input Data:
Left Side Slope. . 3 .00: 1 (H:V)
Right Side Slope. 3 .00: 1 (H:V)
Manning' s n. . . . . . 0.030
Channel Slope. . . . 0. 1300 ft/ft
Discharge. . . . . . . . 4. 20. cfs
Computed Results:
Depth. . . . . . . . . . . . 0. 46 ft
Velocity. . . . . . . . . 6.51 fps
Flow Area. . . . . . . . 0. 65 sf
Flow Top Width. . . 2 .78 ft
Wetted Perimeter. 2.93 ft
Critical Depth. . . 0.66 ft
Critical Slope. . . 0.0204 ft/ft
Froude Number. . . . 2 .38 (flow is Supercritical)
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Open Channel Flow Module, Version 3.41 ( c) 1991
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708

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Trian9er Channel Analysis & Des*
Open Channel - Uniform flow
Worksheet Name: Kmg-Revl
Comment: Sed. Basin #1, Perm. Div. B
Solve For Depth
Given Input Data:
Left Side Slope. . 3.00: 1 (H:V)
Right Side Slope. 3.00: 1 (H:V)
Manning' s n. . . . . . 0.030
Channel Slope. . . . 0 . 1500 ft/ft
Discharge. . . . . . . . 40.30 cfs
Computed Results:
Depth. . . . . . . . . . . . 1.05 ft
Velocity. . . . . . . . . 12 .09 fps
Flow Area. . . . . . . 3 .33 sf
Flow Top Width. . . 6.33 ft
Wetted Perimeter. 6.67 ft
Critical Depth. . . 1 . 62 ft
Critical Slope. . . 0.0151 ft/ft
Froude Number. . . . 2 .93 (flow is Supercritical)
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Open Channel Flow Module, Version 3.41 (c) 1991
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708

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Trianger Channel Analysis & Des*
Open Channel - Uniform flow
Worksheet Name: Kmg-Revl
Comment: Sed. Basin #2, perm. Div. A
Solve For Depth
Given Input Data:
Left Side Slope. . 3.00:1 (H:V)
Right Side Slope. 3. 00:1 (H:V)
Manning' s n. . . . . . 0.030
Channel Slope. . . . 0.2000 ft/ft
Discharge. . . . . . . . 3.90 cfs
Computed Results:
Depth. . . . . . . . . . . . 0.42 ft
Velocity. . . . . . . . . 7. 51 fps
Flow Area. . . . . . . . 0.52 sf
Flow Top Width. . . 2 . 50 ft
Wetted perimeter. 2. 63 ft
Critical Depth. . . 0. 64 ft
Critical Slope. . . 0.0206 ft/ft
Froude Number. . . . 2.90 (flow is Supercritical)
Open Channel Flow Module, Version 3.41 (c) 1991
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708

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Triangor Channel Analysis & Des*
Open Channel - Uniform flow
Worksheet Name: Kmg-Reel
Comment: Sed. Basin #2, Perm. Div. B
Solve For Depth
Given Input Data:
Left Side Slope. . 3 .00:1 (H:V)
Right Side Slope. 3 .00: 1 (H:V)
Manning' s n. . . . . . 0 .030
Channel Slope. . . . 0 . 0600 ft/ft
Discharge. . . . . . . . 1 .80 cfs
Computed Results:
Depth. . . . . . . . . . . . 0 .39 ft
Velocity. . . . . . . . . 3. 94 fps
Flow Area. . . . . . . . 0 .46 sf
Flow Top Width. . . 2. 34 ft
Wetted Perimeter. 2.47 ft
Critical Depth. . . 0. 47 ft
Critical Slope. . . 0.0229 ft/ft
Froude Number. . . . 1 . 57 ( flow is Supercritical)
A
Open Channel Flow Module, Version 3.41 (c) 1991
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708

Triangor Channel Analysis & Des*
Open Channel - Uniform flow
Worksheet Name: Kmg-Revi
Comment: Sed. Basin #3, Perm. Div. A
Solve For Depth
Given Input Data:
Left Side Slope. . 3.00:1 (H:V)
Right Side Slope. 3. 00: 1 (H:V)
Manning' s n. . . . . . 0.030
Channel Slope. . . . 0. 1300 ft/ft
Discharge. . . . . . . . 5 .60 cfs
Computed Results:
Depth. . . . . . . . . . . . 0.52 ft
Velocity. . . . . . . . . 6 .99 fps
Flow Area. . . . . . . . 0 .80 sf
Flow Top Width. . . 3. 10 ft
Wetted Perimeter. 3.27 ft
Critical Depth. . . 0. 74 ft
Critical Slope. . . 0.0196 ft/ft
Froude Number. . . . 2.43 (flow is Supercritical)
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Open Channel Flow Module, Version 3 .41 (c) 1991
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708

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Triango-r Channel Analysis & Des
Open Channel - Uniform flow
Worksheet Name: Kmg-Reel
Comment: Sed. Basin #3, Perm. Div. B
Solve For Depth
Given Input Data:
Left Side Slope. . 3. 00: 1 (H:V)
Right Side Slope. 3.00: 1 (H:V)
Manning' s n. . . . . . 0.030
Channel Slope. . . . 0.0800 ft/ft
Discharge. . . . . . . . 7.70 cfs
Computed Results:
Depth. . . . . . . . . . . . 0. 64 ft
Velocity. . . . . . . . . 6. 31 fps
Flow Area. . . . . . . . 1.22 sf
Flow Top Width. . . 3.83 ft
Wetted Perimeter. 4.03 ft
Critical Depth. . . 0.84 ft
Critical Slope. . . 0.0188 ft/ft
Froude Number. . . . 1 .97 ( flow is Supercritical)
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Open Channel Flow Module, Version 3. 41 (c) 1991
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708

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Triang*r Channel Analysis & Desi�
Open Channel - Uniform flow
Worksheet Name: lung-Revl
Comment: Sed. Basin #4, Perm. Div. A
Solve For Depth
Given Input Data:
Deft Side Slope. . 3.00: 1 (H:V)
Right Side Slope. 3. 00: 1. (H:V)
Manning' s n. . . . . . 0.030
Channel Slope. . . . 0.0830 ft/ft
Discharge. . . . . . . . 17 .20 cfs
Computed Results:
Depth. . . . . . . . . . . . 0. 86 ft
Velocity. . . . . . . . . 7. 82 fps
Flow Area. . . . . . . . 2.20 sf
Flow Top Width. . . 5. 14 ft
Wetted Perimeter. 5. 41 ft
Critical Depth. . . 1. 15 ft
Critical Slope. . . 0 .0169 ft/ft
Froude Number. . . . 2 . 11 (flow is Supercritical)
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(6, 4-c -9)
Open Channel Flow Module, Version 3.41 (c) 1991
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708

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Triango-r Channel Analysis & Des AD
Open Channel - Uniform flow
Worksheet Name: Kmg-Rev1
Comment: Sed. Basin #4, Perm. Div. B
Solve For Depth
Given Input Data:
Left Side Slope. . 3.00:1 (H:V)
Right Side Slope. 3 .00: 1 (H:V)
Manning' s n. . . . . . 0.030
Channel Slope. . . . 0.0750 ft/ft
Discharge. . . . . . . . 8. 80 cfs
Computed Results:
Depth. . . . . . . . . . . . 0.68 ft
Velocity. . . . . . . . . 6. 37 fps
Flow Area. . . . . . . . 1.38 sf
Flow Top Width. . . 4.07 ft
Wetted Perimeter. 4.29 ft
Critical Depth. . . 0.88 ft
Critical Slope. . . 0.0185 ft/ft
Froude Number. . . . 1 .93 (flow is Supercritical)
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Open Channel Flow Module, Version 3. 41 (c) 1991
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708

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Trian*r Channel Analysis & Des*
Open Channel - Uniform flow
Worksheet Name: Kmg-Rev1
Comment: Sed. Basin ##5, Perm. Div. A
Solve For Depth
Given Input Data:
Left Side Slope. . 3.00:1 (H:V)
Right Side Slope. 3 .00: 1 (H:V)
Manning' s n. . . . . . 0.030
Channel Slope. . . . 0.0600 ft/ft
Discharge. . . . . . . . 0. 70 cfs
Computed Results:
Depth. . . . . . . . . . . . 0.27 ft
Velocity. . . . . . . . . 3. 11 fps
Flow Area. . . . . . . . 0 .22 sf
Flow Top Width. . . 1 .64 ft
Wetted Perimeter. 1 . 73 ft
Critical Depth. . . 0.32 ft
Critical Slope. . . 0.0259 ft/ft
Froude Number. . . . 1 .48 (flow is Supercritical )
A Ac,
Open Channel Flow Module, Version 3. 41 (c) 1991
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708

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Open Channel - Uniform flow
Worksheet Name: Kmg-Reel
Comment: Sed. Basin #5, Perm. Div. B
Solve For Depth
Given Input Data:
Left Side Slope. . 3.00:1 (H:V)
Right Side Slope. 3.00:1 (H:V)
Manning' s n. . . . . . 0.030
Channel Slope. . . . 0.0700 ft/ft
Discharge. . . . . . . . 1.80 cfs
Computed Results:
Depth. . . . . . . . . . . . 0 .38 ft
Velocity. . . . . . . . . 4 . 18 fps
Flow Area. . . . . . . . 0.43 sf
Flow Top Width. . . 2.27 ft
Wetted Perimeter. 2 .40 ft
Critical Depth. . . 0.47 ft
Critical Slope,. . . 0.0229 ft/ft
Froude Number. . . . 1.69 (flow is Supercritical)
A) ot 5- Ar,.
C/ A
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Open Channel Flow Module, Version 3.41 (c) 1991
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708

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State of North Car a ���
Department of Ennment,
Health and Natural Resources 4rjis
Division of Land Resources
James B, Hunt, Jr., Governor
Jonathan B, Howes, Secretary I�
Charles H. Gardner, P,G., P.E.
Director and State Geologist
February 11, 1997
Mr. John T. Barker, Sr. , SIOR
John Barker Realty, Inc .
216 North Morgan Street
Shelby, North Carolina 28150
RE : Franklin Industrial Minerals , Modification Request
Cleveland County
Broad River Basin
Dear Mr. Barker:
This letter is in response to your facsimile dated January
23 , 1997 and your telephone conversation with Mr. Tracy Davis,
State Mining Specialist, on January 27, 1997 . In both instances,
you requested more information regarding the above referenced
modification request .
Please find enclosed a copy of the following documents for
your information:
1) copy of the application form, associated mine maps, and
cover letters submitted by Franklin Industrial Minerals
pertaining to the modification request;
2)------copy of '-an--1:1 'inch by 17 inch -section of the 'mine map
for the Archdale Tract (notes were added to the map by
Mr . Tony Sample, Assistant State Mining Specialist,
clarifying what activities are proposed on the tract
between US Highway 29 and Interstate 85) ;
3) copy of a January 30, 1997 letter from Mr. Sample to
Franklin Industrial Minerals requesting additional
information in order to continue the review of the
proposed modification .
Geological Survey Section Land Quality Section Geodetic Survey Section
[phone] [phone] [phone]
FAX: [phone] FAX:[phone] FAX: [phone]
P.O. Box 27687,Raleigh,Nora,Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

Mr. Barker
Page 2
Thank you for your interest in this matter. I hope that the
enclosed information will be beneficial to you .and others in
conveying the applicant ' s intentions in the modification area .
If you should have any questions on the above, please contact Mr.
Sample at (919) 733-4574 or Mr. Doug Miller, Mooresville Regional
Engineer, at (704) 663-1699 .
Sincerely, .
Charles H. Gardner, P.G. , P .E .
CHG/td
Enclosures
cc : Mr . Tony Sample, C. P. R S.C.
Mr . Doug Miller, P .E.
Mr . Glenn R . McCloskey, Frari.:lin Industrial Minerals

N.C. Department of Eniironmen I, Health,and Natural Resources
Doision of Land Resourcm Land Qualitv Section
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0123/97 15:20 JOHN BARKER REnLTY + 9197158801 Im.214 901
REs_;;.. ,
John Barker Realty, Inc, A 2 3 ,9%
216 North Morgan Street
Post OfBca Box 106
Shxlhy, North Carolina 281.50 DIV LAND PLj,
Phonc: (704)-4R2.4726
Fax: [phone]
Facsimile. Transmission _ Cover Sheet
Number of rages inuledirg nowi+r sheet,1
To: Mr. Charles Gardner
F.inrn: NCDEHNR
Fruit #: 919-715-8801
From: John T. Barker, Sr.
DoeY: 1/23/97
Rc:
Comments
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01/23/97 15:22 JOHN BARKER REALTY + 9197158861 N0. 214 M2
Industrial Real Estate
John Barker Realty, Inc. �srveu of ro
216 N. Morgan Street
P.O. Box 106
Shelby, N.C. 28160
704/482-4726
Thursday, January 23, 1997
Ivir Charles Gardner
Land Quality Section
NCDEHNR
P.O. Box 27687
Raleigh, NG 27611
Dear Charles:
1 would like to state that on behalf of some of the property owners that on the attached map, the
we need to know much more about the proposed muting that is contiguous to where they live.
We wish to have a meeting with you were as we can properly present to you our concerns. Please
advise us immediately regarding this matter. Thank you for your time and we look forward to
hearing fi otn you soon.
Sincerely,
Jo r, Sr., SIOR
P/fesident
PPB, Sold
CC. Lane Alexander
Steve Nye
Scott Neisler
Pioneer Motor Bearing
ABB Combustion Engineering

01/23/97 - 15:20 JOHN BARKER REALTY + 9197158801 NO.214 003
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0 FRAN INDUSTRIAL MIN�LS
0}
DIVISION
January 29, 1997 Y ..- -.,.
CEHNR
Land Quality Section
DEHNR =- 4P.O. Box 27687
Raleigh,NC 2761 I -7687
LAND QUALITY SECTION
RE: Annual Reclamation Report I
Franklin Industrial Minerals-Kings Mountain, NC `
Permit Ks : 2343, 23-10
Enclosed are two copies of each reclamation report and updated mine maps for 1996. Also in�cluded,are.nvo
epics of minene naps depicting proposed)997 activity at the Archdale.macLwhiclvhas.been-included in a
m� odificnliJan to peimit.23-.10 and.is.currently under review.
If any further information is needed, please contact Jim Spigner at 704-734-3516.
Sincerely ,
•rr, �I�.r,�
lim Spigner.
Safety and Environmental Supervisor
Attachments
CC: Glenn McCloskey , FIM
:69 S. Battleground Ave. • P.O. Box 729 • Kings Mountain. NC 28086 • Phone- 704.739-961fi • Fey. 704-71Q.7RRR

DATE TO ASSISTANT /. DATE WUSAN
LOGGED IN 7y S '1
MINING CHECKLIST FORROUTING
Company /"r�ltr rpjas-Li✓ At A-A� iproject Name Wo Ss-/NfiSt ,
Permit No 7 1-03 County C���..� Date Received 7.-17 _S 7
Reviewer -T04.1
Please make copies of check to include with Central Office and
Field office files and log in checks.
* ❑ New ❑ Renewal ❑V Modification ❑ Transfer ❑ Release
V❑ Additional Information ❑ Fee Needed
❑ Fee Received: Amount
Please ro a to:
❑/' �1 Field Office Date Routed rx- I / -q7 .
❑ VhIdlife Resources Commission Date Routed
(
* ❑ Archives and History Date Routed
❑ Other: Date Routed
Suspense Date for comments: ;?�/747 (Date received +30 days,
- -- not on weekend)
❑ Please note the following:
*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

LEDFORD ENGINEERING INCOOATED
56 Ravenscroft Drive
ASHEVILLE, NORTH CAROLINA 28801 2
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-
M FEB 17 1997 ( 2/13/97 "u.
[phone] IN
in"rIo"
To �Ton Sam 1e Franklin industrial Minerals
Land Quality SectiInY . Archdale Tract
Revisions to Permit Modificatio
N.C . DEHNR
Permit It 23-03
WE ARE SENDING YOU Tye Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO, DESCRIPTION
2 Sets of revised plans
2 Sets of erosion control calculations
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
Ix For review and comment ❑
❑ FORBIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
SIGN
if enclosures are not as noted,kindly notify us at once.

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State of North Cqoina
Department of Er�onment,
Health and Natural Resources • •
Division of Land Resources
James B. Hunt, Jr_ Governor . C) C � � pi
Jonathan B. Howes, Secretary C I—
Charles Gardner, P.G., P.E.
Director and State Geologist
January 30 , 1997
CERTIFIED MAIL
RETURN RECEIPT_REQUESTED
Mr. Glenn R. McCloskey
Franklin Industrial Minerals
P. O. Box 729
Kings Mountain, North Carolina 28086
Re: Proposed Hawks Mine
Mining Permit No. 23-10
Cleveland County
Broad River Basin
Dear Mr. McCloskey:
The review has been completed on the above referenced
modification request your company submitted for the above
referenced mine site. However, the following additional
information is needed to continue processing your application:
1 . The proposed buffer zones on the Archdale Tract will not
be adequate for this site. A minimum 10 foot undisturbed
buffer will be required between the ROW fence and any
proposed mining related disturbance. This undisturbed
buffer along with the proposed 25 foot unexcavated buffer
-------"'--_'-- ---should-adequately-protect-the-adjacent-property..— -- ---�
2 . The 5 foot tall screening berms as proposed are
inadequate. These berms must be increased in height or
supplemented with vegetative plantings. A double row of
shrubs/trees panted on a staggered spacing is
recommended.
3 . Temporary sediment control measures, will be required
between the screening berms and the undisturbed buffers
to protect from off-site sedimentation during the
construction of these berms.
4 . Design calculations and dimensions are required for the
permanent diversions indicated on the mine plans.
5 . The lengths of the rock dams should be indicated.
Geological Survey Section Land Quality Section Geodetic Survey Section
[phone] [phone] [phone]
FAX:[phone] FAX: [phone] FAX:[phone]
P.O. Box 27687,Raleigh,North Carolina 27611-7687 Telephone [phone] FAX [phone] '
An Equal Opporlunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see fronth
m
1. If you want this receipt postmarked,stick the gummed stub to the right of the return addres.
leaving the receipt attached and present the article at a past office service window or hand it to v
your rural carrier (no extra charge). cu
2. If you do not vane this receipt pushnarked, slick the gummed stub to the right of the return
address of the article, data,detach and retain the receipt, and mail the article. rn
3. H you want d return receipt,write the certified mail number and your name and address on a c'
return receipt card,Furm 3811,and attach it to the front of the article by means of the gummed
ends d;pace permits.009rwise,affix to back of article.Endorse Iront of article RETURN RECEIPT
REQUESTED adjacent to the number.
Ib
4, i1 you want delivery restricted to the addressee, or to an authorized agent of the addressee. M
endorse RESTRICTED DELIVERY on the front of the article. �
0
5. Enter fees far the services requested in the appropriate spaces or the front of this receipt. It iL
return receipt is requested, check the applicable blocks in item 1 of Form 3811. N
a
6. Sava this receipt and present A if you make inquiry. s-U.S.GPO: 1991-302-916

CERTIFIED MAIL
Mx. McCloskey
January 30, 1997
Page 2
6 . How will the waste material/overburden be placed in the
spoil areas? Will it be compacted in lifts? Will slope
drains be needed to convey the water down the slopes to
prevent erosion?
7 . Another basin may be required within the future mining
areas adjacent to basin #2 . It appears that all run-off
may not be diverted economically to basin #2 .
8 . The rip rap ditch detail must be modified to indicate
undercutting to install the stone flush with the required
grade.
9 . Topographic restrictions may also exist in conjunction
with basin #4 .and the associated diversions . Please
recheck this area.
10 . A comprehensive blasting plan to include procedures is
required to be reviewed and approved by the Department
prior to initiating a blasting program at this mine site.
PLEASE BE ADVISED THAT OUR REVIEW CANNOT BE COMPLETED UNTIL
ALL OF THE ITEMS LISTED ABOVE HAVE BEEN FULLY ADDRESSED.
In order to complete the processing of your modification
request, please forward two (2) copies of the requested information
to my attention at the following address:
.. ..__— .Jr_______--__ --.Land__Quality Section_
P. O. Box 27687
Raleigh, N. C. 27611
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.

CERTIFIED MAIL
Mr. McCloskey
January 30 , 1997
Page 3
Please contact me at (919) 733-4574 if you have any questions.
Sincerely,
Tony L. Sample , C.P .E.S.C.
Assistant State Mining Specialist
Land Quality Section
TLS\
cc: Mr. G. Douglas Miller, P.E.

i ®
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® North Carolina Wildlife Resources Commission
512 N. Salisbury Streer,Raleigh,North Carolina 27604-1158 919,7333391
Charles R. Fullwood, Executive "to RECEIVIEF
DEHNR `'
Dw-
MEMORANDUM
2 a isa►
TO: Susan B. Edwards , Mining Program Sec tart'
Land Quality Section
FROM: Jack Mason, Wildlife District Biologi
( SECTION
Division of Wildlife Management, Wild ife lesion
DATE : January 24 , 1997
SUBJECT: Mining Permit Modification Request for Franklin Industrial
Minerals
Hawks & Moss-Neisler Mine - Permit No. 23-10 S 23-03
Cleveland County.
As a wildlife district biologist for the Wildlife Resources Commission, I
have reviewed the subject permit application and I am familiar with the
habitat values of the project area . A site investigation was conducted on
January 23, 1997 for the purpose of assessing project impacts on wildlife
and fisheries resources . Mr. Michael Tesseneer assisted with site
inspection. These comments are provided in accordance with certain
provisions of the Mining Act of 1971 (as amended, 1982 : G. S . 74-46 through
74-68 ; 15 NCAC 5 ) and the North Carolina General Statutes (G . S . 113-131
et seq . )
Presently the applicant mines and processes mica, feldspar, clay, and
quartz at an upland site near Archdale . The modification proposes to
expand the current pit excavation area to the Archdale tract . Two hundred
and fifty two acres could be affected during the term of the project . The
expansion area has a moderate to high wildlife habitat value with
vegetation ranging from early succession stage plants to mature mixed pine
and hardwood stands . Although there is no fisheries habitat, several
small streams along the southern edge of the project would be affected by
the proposed construction. I am aware of no endangered species at the
site .

� ® `
;- - -
' �r
������

4
Based on the information provided in the permit modification request and
results of my investigation, I recommend approval of the project subject
to following modifications or conditions :
1) The applicant should contact the U. S . Army Corps of Engineers to
determine if a 404 permit is required for construction in drainage areas
near sediment basin #1 . Usually a 404 permit is required for excavation
in stream and wet areas . Contact Mr. Steve Chapin at 704/271-4014 .
2) Revegetation and reclamation plans should include VA-70 shrub
lespedeza or Korean lespedeza in areas where erosion is not expected to be
critical . These plants provide greater wildlife habitat value than
commonly used fescue and sericea lespedeza . They should be sown in
February-March at the rate of 15-20 lbs/acre . Fertilize with 2-12-12 or
equivalent at 400 lbs/acre . Annual seed rye (30 lbs/acre) may be added
for a quick cover crop .
Thank you for the opportunity to review and comment on this project . If
you have questions regarding these comments please contact me at (704 )
396-5363 .
cc: Ms . Stephanie Goudreau, Mt . Region Coordinator
Mr. Chris Goudreau, District 8 Fisheries Biologist
Mr. Michael Tesseneer, Mine Superintendent, Franklin Industrial
Minerals

_ (�oSkwQe - 9l3 ,ro
State of North Allina
Department of Environment.
Health and Natural Resources 1
Division of Land Resources
r �
James Hunt, Governor ID FEE N F 1
Jonathan B. Howes, Secretary
Charles H. Gardner, P.G., P.E.
Director and State Geologist
December 30 , 1996
MEMORANDDM 2.6gS6 �89/
To: Ms. Stephanie Gaudreau o�
Habitat Conservation Program Coordinator m JAM )957
Wildlife Resources Commission
From: Susan B. EdwardsMini
LandnQualitya Secretary
Section
ZZIZ�Z
Re: Mining Permit Modification Request for Franklin Industrial'
Minerals
Hawks & Moss-Neisler Mine - Permit No. 23-10 & 23-03
Cleveland County
Please find attached for your review a copy of the mining permit
modification application for the above referenced project.
Please review this information and advise as to the probability of this
operation having unduly adverse effect on wildlife and freshwater fisheries
(G. S, 74-51 (2) ) . Please respond by January 27 , 1997 so that we may
complete our review of this request within our statutory time limits.
Asis the case in our review of all mining permit applications, renewals
and modifications, this office will carefully review all proposed erosion and
sediment control measures to ensure that they are sufficient to restrain
erosion and off-site sedimentation. However, any comments your agency can
provide regarding effects on wildlife and freshwater fisheries would be
greatly appreciated. If your staff wishes to perform a site inspection, it
is recommended that they contact the person submitting this request to set up
a convenient date and time. Also, please send a copy of your comments to the
person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS
WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation in the review of these type requests is
greatly appreciated- Please contact Mr. Tony Sample at (919) 733-4574 if you
have any questions.
SHE
Attachments
cc: Mr. Doug Miller
Geological Survey Section Land Quality Section Geodetic Survey Section
[phone] [phone] [phone]
FAX: [phone] FAA: 733-2876 FAX:[phone]
P.O. Box 27687,Raleigh,North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equol opportunity ARrmotiy Action Employer 5n recycled/ In post-consumer paper

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01/23/97 152u JaiN BHHKEN K LIY 919elb 801 NU.214 G02
--Industrial Real Estate
John Barker Realty, Inc.
216 N. Morgan Street
P.O, Box 106
Shelby, N.C. 28150
704/482-4726
Thursday, January 23, 1997
Mr_ Charles Gardner -
Land Quality Section
NCDEHNR
P,O. Box 27687
Raleigh, NC 27611
Dear Charles:
I would like to state that on behalf of some of the property owners that on the attached map, the
we need to know much more about the proposed mining that is contiguous to where they live,
We wish to have a meeting with you were as we can properly present to You our concerns. Please
advise us immediately regarding this matter. Thank you for your time and we look forward to
hearing from you soon. -
Sincerely,
Joln1 T. Barker, Sr., SIOR
"P'esident _
JTB, Sr /ld
CC: Lane Alexander
Steve Nye
Scott Neisler
Pioneer Motor Bearing
ABB Combustion Engineering

01/23/97 15:20 TOHN BARKER REALTY + 9197158801 NO.214 003
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NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT,
HEALTH, AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITYSEC77ON
P.O. BOX 27687
RALEIGH, NORTH CAROLINA 27611
TELEPHONE. [phone] FAX. [phone]
FACSIMILE MESSAGE
TO:
COMPANYIDEPARTMENT: jfr. kU.d dvo)., f.,'ld
PHONE NO.:
FAX NO.: 74.`1 ` 73q - 796A
FROM: -JON S9wf (�
DATE, )_z 7_ y 7 T7ME: z as
NUMBER OF PAGES BEING SENT (INCLUDING THIS PAGE): 3
COMMENTS: /,
Pe/a�k. =.. C9fsIYNe. Al Ox 5/e n 2 +/Md.. ;.
1 g�7

F'ANDOIJAI
DIVISION OF LAND RESOURCESLAND QUALITY SECTIONMOORESVILLE REGIONAL OFFICEJANUARY 10 , 1997
M E M O R A N D U M
To: Tony Sample
From: Doug Miller
Re: Franklin Industrial Mineral
Archdale Tract
Permits 23-03 and 23-10
Cleveland County
An inspection of the referenced site was conducted on January 8,
1997 , to review the site and associated operations. The review was
conducted by Jon Hartwig and Doug Miller. The following comments
are offered to aid you in your review of the application to modify
/ the present mining permit:
I) The official address in the application for modification and on
JJJ recently submitted ARR forms is different from the official address
in the permit.
2) The map of the tract does not include any information as to the
Qv"' rr amount of land to be included in the permit south of I-85, though
J page 1 of 4 on the tract map includes a substantial amount of land
Q about which we are not provided any details. Is this land to be
permitted also. If not, this should not be shown on the permit
application.
3) The proposed berm would not seem to be sufficient to screen the
operation from I-55 traffic. This is especially true since
discussion of site revealed that the operator intends to do some
hard rock mining later which will involve use of explosives to
obtain the material form the ground.
4) The mine application addressed use of explosives but then stated
no hard rock mining would occur. This needs clarification.
5) The erosion controls noted for the operation does not address
the road side of the berm construction. It would appear that the
proposed sediment traps could control sediment from the mine side
of the berm by diverting runoff into the basin but would not
control sediment on the road side or at the drainage way below the

basin where a channel is shown.
6) No calculations are provide for the permanent diversion shown of
the map. A detail is shown but notes the dimensions vary.
7) Because of the large drainage areas shown on the map and in the
design calculations for the sediment basins, a riser basin would
seem more appropriate than the proposed rock dams. if rock dams are
used then the rock size should be much greater-class 2 size with
smaller stuff mixed in on the upstream and top to achiey
filtrat�n.
8) No information is provided about how material will be placed in
the waste/overburden areas. This would be especially important
along the dot ROW to meet screening requirements .
9) Basin #2 is located in an area listed as a future mining area.
A diversion on the east side is meant to divert all the runoff from
the adjacent drainageway into that basin. If the operator wants to
do this a large dike would appear to be necessary and excavation
through the hill would be necessary to get runoff to the outlet
structure.
10) The affected mine limits should be clearly delineated as should
the permit limits . The maps are confusing on this point.
11) On their adjacent operations, they leave a 1: 1 slope in
unconsolidated material which has been mined with a track hoe.
Where water is to remain this slope would seem to be too steep for
stability. This would seem to be especially true where an area has
been backfilled. Some sliding in a pit was noted during a recent
inspection.
12) The rip rap ditch detail should be undercut to allow the water
from the uphill areas to get onto the stone. As shown on the plan,
water could not get onto the stone and you would have three
ditches, one rockfilled and two eroded on either side of the rock.
13) Basin #4 is located such that drainageways on either side are
suppose to be diverted to it for sediment control . The plans are
not clear as to whether the flows can be diverted to this basin.
Should you have further questions please contact this office.
Please note that on the date of the inspection material was being
removed from the site to the processing plant. They were calling
this a test pit but seemed to be process the material . The
disturbed area was right at an acre.

iY�..,.®(,J'�::F•i^•R-:N..-:-:.ram. E�{{ aa. ^r .-
REC
NoNorthCarolina DeDepartment IN F-nviranmeM, Heath, and Natural Resources, DE}tNRNR
DMsion of Lard Resources, Lard Quality Section
MINE INSPECTION REPORT .fnR 13199
(PERWIFIED NGNE) d�.
i
1. MINE NAME moss • Nel S122 2. MINING yPERMIT�#i ia-�o3.
3. OPERATOR PRAwLiN n4busMirs 17r 4. COUNTYM b,-aab l0)
5. ADDRESS Do.Ma 'rns P.wf< mry Nr pAONn 6. PERMIT EXPIRATIOWDATE�o�'
7. Person(5) contacletl at SileGs.�'., r\t•-lho+ •. J�:.,S�.��-r Otle. iw..rr
8. Was mine operating at time of inspection? ri (A Yes ❑No 9. Pictures? ❑Yes 5 No
10. Date last inspected: /__q_/yam 11. Any mining since last inspection? (3 Yes ❑ No
12. Is the mine in compliance with the Operating Conditions of the Permit? [A Yes ❑No
If w. explain:
13. Is the mine in compliance with the Reclamation Conditions of the Permit? 4Yes ❑No
If no, explain:
14.-Did any of the above deficiencies result in offsite damage? ❑Yes KNo If yes, describe the type
and seventy of the damage: r`
15. Corrective measures needed andlo� aken:) Ne,S g No a oGodtd s ,Or„a,/..n. sr.•d...,
buster A10 L ra•.. rltFr�-/ ' ,tit/.ar,,,a i.✓ .�
r
ACr.a ww.i o-/ MacqC.J.r✓ ad.
r
16. Other recommentl � co � nts: o r
�5rk h 6r0,. ilt/+ ✓ .e <.FpP'n ro✓/rd/3 /
17. Is the Annual Reclamation Report +/- map accurate? ❑Yes ❑No (Explain) (yRNot Reviewed
18. Follow-up inspection needed? ❑Yes [A No Proposed date_/_/
19. No. of additional pages of Inspection Repon_ 20. Copy of Report sent to_operator 1 1 /0 27
I1 � I (date)
INSPECTEDBY: IIn„� 111 Ilet� _le. MO(`IW k DATES/ 8 /�Z
Phone No: ( —l��) i 0 r
While copy to rile Yellow copy to operator Pink copy to Mining Specialist
951

DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
MOORESVILLE REGIONAL OFFICE
JANUARY 17 , 1997
"RECEIVED
pEHNR�{(
M E M O R A N D U M
TO: TONY SAMPLE �Np �QUi!! ITY SECT'ON
FROM: DOUG MILLER
RE: KMG ARCHDALE TRACT
DAQ AND DWQ COMMENTS
ATTACHED YOU WILL FIND THE COMMENTS FROM THE DIVISIONS OF WATER AND
AIR QUALITY. WATER QUALITY SECTION FELT THEY DID NOT HAVE
SUFFICIENT TO MAKE AN ADEQUATE EVALUATION. 'GROUNDWATER FELT THEY
NEEDED MONITORING WELLS AND AIR QUALITY SAYS NO PERMIT IF NO
CRUSHING.
I HAVE FORWARDED THE ORIGINAL OF THEIR COMMENTS TO YOU AND BECAUSE
OF THE HIGHLIGHTING DID NOT KEEP A COPY OF THE ATTACHMENTS.
/GDM

® r � , i
. � ,e. r:����,
�,,
l._ '

MINE SUE REVIEW FORM •
DEM COMMENTS
Project: (n�/✓JaMan�M ,�� 91u1 i&40unty: CLiOw�(2,vL.
Due: ffrr
V
water Duality Issues: DEHNR
1. Watershed/Stream Name and Classification
z . Permits: NDQUA43TySECTION
NPDES Permit Required
NPDES Permit Existing
Nondischarge Permit Required
Nondischarge Permit Existing
NOV Issued
civil Penalty Assessed/Injunction
Requested
. /sup"�=�c.�i i,.�roky9Tia✓ �a�.Pov.�c" .4>'c$vk�
. 3 . Wetlands: �oNwc•'lf .
0 ,✓eE9 A ioPo MAP TNF )P014,(s) oic ascyAR&G(s)
Wetlands Disturbed
401 Certification Required (�
Air Quality Issues® SwJ&R /JEeDS To D2SIGNAic' W65TCAA91 •
Air Permit Required . Z
Air Permit Existing s 4 k
NOV Issued
Civil Penalty Assessed/Injunction
Requested pp - l
Groundwater Issues: See 6ae!('" 4�
c vo a-4/ �li.as
Well Permit Required
Well Permit Existing
Groundwater Contamination Problem
NOV Issued
Civil Penalty Assessed/Injunction
Requested
Comments:
Signed Date

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Surface Mining Manual ® Groundwater Monitoring
Groundwater
15 Monitoring
Introduction
During review of most permit applications by the Land Quality
Section, other state and federal agencies may review application
information for compliance with the regulations under their
jurisdiction.
The Groundwater Section with DEM reviews permit applications
to provide the Land Quality Section with guidance concerning
groundwater issues.
Input from the Groundwater Section is provided on monitoring
dewatering activities and/or possible sources of groundwater
contamination.
This chapter does not attempt to cover all aspects of groundwater
monitoring or well installation. It provides insight into the
requirements that may be placed on an applicant when dealing
with activities, such as dewatering and storing contaminated soils,
within the mining permit boundaries.
February 1996 North Carolina Department of Environment. Health and Natural Resources 15-3

Groundwater Monitoring Surface Mining Manual
Observation/Monitoring
Wells
Observation wells are installed to monitor the groundwater
fluctuations and/or the movement of any possible groundwater
contamination.
Such_welIs.are.placed.as-close.to.the-mining.activity_as.feasible.
Sut�rficial groundwater barriers;such as streams, creeks, dother
nter-bodies, should"nW e-in between the monitoring Nvells an
the-source of contaminatiorror the excavation-being d0vafe�rcd_
The location(s) of monitoring wells is often recommended by the
Groundwater Section.
Typically, for dewatering excavations, the Groundwater Section
recommends.installing one monitiihhg well directIy up gradient
and•one•directiv-down gradient fr'om.the.excav_ation. H&%vcver,
reach site is di' erent.�_�
The Iooation of existing-fresh water welt os an djacent,properties
may dictate the_locations.of.momtoring wells.
Groundwater
Protection
Guidelines
The following groundwater protection guidelines are typical of
operating conditions which may be placed in the mining permit:
• For new hard rock mining operations, the observation wells
must be monitored at least 30 days prior to initiating any
excavations of consolidated material (rock) in the initial pit
area to allow for the determination of pre-existing (static)
groundwater levels.
• For all other new mining operations inoolving dewatering,.
observation-wells-must-be-installed-and-monitored at-least-30
wmaw-
days,prior_to initiating any excavation"in the iiiitidl pit area-tb7.
determine.pre-existing.(static)-groun`d-vvater-levels-7
• Observation wells must be drilled wells cased to a specified
depth and grouted to the surface.
• The bore holes must extend at least 50 feet below static
groundwater level or at ]easth50.feet into unweathered rock]
whichever is applicable.
• The wells must have a lockable cap to prevent unauthorized
entry into the wells.
15-4 North Carolina Department of Environment, Health and Natural Resources February 1996

Surface Mining Manua! • Groundwater Monitoring
49 Any necessary permits or guidelines to construct or abandon
the wells should be obtained from the Groundwater Section.
Observation wells must be monitored twice a month at the
same date and time for the first 12 months after installation.
The static water levels must be measured with an accuracy of
t0.1 foot and must be referenced to a datum point.
.. A record of the monitoring well water levels, bimonthly
precipitation, and volume of pit water discharged must be
maintained for the first 12 months after installation.
Copies of these records should be provided to DEHNR on or
about the end of each month. Static water level monitoring
frequency may be increased or decreased following the initial
monitoring period as deemed necessary by DEHNR.
A map must be provided noting the locations of the wells
when groundwater monitoring wells are proposed and/or
required. The map may be attached to the permit and will be
referred to in the operating conditions.
Complaints
• When the Land Quality Section receives a complaint from a
landowner near a permitted mine site concerning groundwater
drawdown, the Land Quality Section records all the
information provided by the complainant.
• The approximate location of the complainant and the well or
other structure possibly affected is noted on the mine map for
the particular site.
• The complaint is then passed on to the Groundwater Section
for investigation. The monitoring records are requested from
the permittee and evaluated by both the Land Quality and
Groundwater Sections.
• Based upon the results from the Groundwater and Land
Quality Section's investigation, the permittee may be required
to modify the mining permit, for example, to reduce the
volume of pit water discharge.
• In any event, the permittee and the complainant will be
notified by mail of the results of the investigation.
February 1996 North Carolina Department of Environment, Health and Natural Resources 95-5

DATE TO ASSISTANT DATE TQMEDSAN
LOGGED IN
MINING CHECKLIST FOR ROUTING
Company 9r.K b'o �*r/rhW .$4. u..�SProj ect Name µwwAs 'A
Permit No- '/Q bS County eleyJoj Date Received /7--L-7 -9L
Reviewer :7B7
Please make copies of check to include with Central Office and
Field Office files and �log
/in checks.
* ❑ New ❑ Renewal LJ Modification ❑ Transfer ❑ Release
❑ Additional Information ❑V Fee Needed 4S-Wlvo �a- 3
ElSr....i-.
-
Fee Received: Amount
/1-za-g6
Please route to:
❑I, arsv' Field Office Date Routed
©/
Wildlife Resources Commission Date Routed is - � i-9�•��
* ❑ Archives andHistory Date Routed
❑v t W her: W Q q' DAQ / HY4 Date Routed
t�
suspense Date for comments: /�2 7-9 7 (Date received +30 days,
not on weekend)
❑ Please note the following:
*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

y t_ DATE TO ASSISTANT .yaj DATE T N USAN /? 77`%
LOGGED IN
I
4 MINING CHECKLIST FOR ROUTING
Company ;re kta dfM. r Project Name kAW14 d 45s- lAiike
Permit No. 23-/d &I County Ckv9J0J Date Received
Reviewer 'i!7
Please make copies of check to include with Central Office and
Field Office files and flog/in checks.
* ❑ New ElRenewal LI Modification ❑ Transfer ❑/D�Reeelllee,'.asle
... ,❑ Additional Information Ea Fee Needed ydO.oa
ElFee Received: Amount �—
/1-z
Please route to:
Ll�l � /✓f'"`��'�/ Field Office Date Routed
Wildlife Resources Commission Date Routed
* ❑ Archives andHistory Date Routed
❑v _
other: K)047 d I•nAO k" �yy �.+vn Date Routed
Suspense Date for comments: 2 7-9 7 (Date received +30 days,
not on weekend)
❑ Please note the following:
M
*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

FRIkKLIN INDUSTRIAL ItNERALS
KMG DIVISION
December 30, 1996
Attn: "Pony Sample
Land Quality Section
On Monday, December 23, 1996 a Federal Express package was sent to you containing a Mining
Permit Application for Franklin Industrial Minerals-Kings Mountain-Archdale. However, the
package is absent a check for $500.00.
Please find enclosed a check in the amount off$500.00 to cover the Application fees. If you have
any questions, please contact me at 704-734-3510.
apologize for any problems or inconveniences this error may have caused in processing the
Application.
Sincerely,
FRANYWN INDUSTRIAL MINF-RALS
Ytz' lica
Administrative Assistant
1nclosure
I FRECEIVED
DEHNEC
DEC 3Q0%
LAND QUALITY SECTION
1469 S. Battleground Ave. •P.O. Box 729• Kings Mountain, NC 28086 0 Phone: [phone]•Fax: [phone]

VENDOR 200782 FRANKLIN INDUSTRIES Inc. NASHVILLE,iENNESEEE 3i203 �CHECK NO. 180699
020475 PERMIT 12/ 16/96 500. 00 500. 00 . 00 500. 00
heck Total 500. 00

State of North Cdona
Department of Environment,
Health and Natural Resources 4 • •
Division of Land Resources r
r�
James B, Hunt, Jr.. Governor E>C � F1
Jonathan B. Howes, Secretary C
Charles H. Gardner, P.G., P.E.
Director and State Geologist
December 30, 1996
MEMORANDUM
To: Ms. Stephanie Goudreau
Habitat Conservation Program Coordinator
Wildlife Resources Commission
From: Susan B. Edwards
Mining Program Secretary
Land Quality Section
Re: Mining Permit Modification Request for Franklin Industrial
Minerals
Hawks & Moss-Neisler Mine - Permit No. 23-10 & 23-03
Cleveland County
Please find attached for your review a copy of the mining permit
modification application for the above referenced project.
Please review this information and advise as to the probability of this
operation having unduly adverse effect on wildlife and freshwater fisheries
(G. S. 74-51 (2) ) . Please respond by January 27 , 1997 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 ensureu -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 Mr. Tony Sample at (919) 733-4574 if you
have any questions. -
SBE
Attachments
cc: Mr. Doug Miller
Geological Survey Section Land Quality Section Geodetic Survey Section
[phone] - [phone] [phone]
FAX:[phone] FAX:[phone] FAX: [phone]
P.O. Box 27687,Raleigh.North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

FARIN INDUSTRIAL CERALS
KMG DIVISION
RECEIVED
Dec :mber23, 1996 DEHNFf
Mr. Tony Sample
Land Quality Section >. DEC 2 7 1006
Department of Environment I ieaIIh &Natural Resources
P.O. Box 27687 '
Raleigh, NC 27611 hLAND QUALITY SECTION
Re: Mining permit Modifications
Existing Mining Permits (Hawks #23-10, Moss-Neisler#23-03)
Dear Mr. Sample:
l7mnklin Industrial Minerals hereby applies for a modification to the above referenced mining permits. Our
I equest is for the combination of these two permits and the addition of a leased tract of land referenced as
"Archdale"into a single permit. Our intention is to simplify and update our mining permits while adding the
additional acreage. Enclosed please find the fallowing:
I. A letter tram Ledford Engineering Incorporated, Asheville, NC whom Franklin Industrial
Minerals has retained to assist us in this permit modification.
2. The mining permit modification processing fee in the amount ol'$500.00.
3. Ttic completed North Carolina Mining Permit Application.
4, The required maps prepared and scaled by Ledford Engineering.
On this date we have also sent the required notification and map to adjacent land owners by registered mail.
We understand that no additional Reclamation bond is required. We eagerly await approval of this permit
modificationrapiest. Please do not hesitate to contact me directly if further information is required or iflhere
is anything that we can do to expedite approval of the modification.
/ �Franklin lXnd ri morals
Glenn R. Mc . PF
General Manager
1469 S. Battleground Ave. • P.O. Box 729• Kings Mountain, NC 28086 • Phone: [phone]• Fax: 7D4-739-7888

0 s
LEDFORD ENGINEERING INCORPORATED
Consulting Engineers & Land Surveyors
56 Rovenseroft Dr.
November 12, 1996 P.O. Box 2217
Asheville, NC 28802
[phone]
Mr. Tony Sample 1-800-654-8891
Land Quality Section FAX [phone]
Department of Environment Health & Natural Resources
P.O. Box 27687
Raleigh, N.C. 27611
Re'. Franklin Industrial Minerals, KMG Division, Kings Mountain, N.C.
Mining Permit Modification
Existing Mining Permits(Hawks:23-10), (Moss Neisler 23-03)
Cleveland County
Dear Mr. Sample,
This letter is to request a pernat modification for Franklin Industrial Minerals, KMG Division, to continue
the existing Moss Noisier Permit No. 23-03 and the Hawks Permit No. 23-10 with the unperrnitled
Archdale property.
Enclosed you will find the following as required to process this application:
I. The mining permit modification processing fee S 500.00 payable to NCDL"HNR.
2. A letter from the permitlee, Franklin Industrial Minerals KMG Division,
describing the modification request.
3. The North Carolina Mining Permit Application complete.
4. An updated mine map at the appropriate scale identifying the acreage to be
modified or added complete with the new adjoining landowners located, sediment
and erosion control measures with supporting calculations and construction
details and reclamation plan.
5. Per my conversation with you the blanket Reclamation bond of$ 500,000,00
is sufficient to cover this additional acreage and will not require additional
bonding. The bond calculation form is attached in our application as
requested.
ist this paynlnc
plete and please do not hesitate to call if you have any questions or concerns Leford Gngi
cc: Mr_ Glenn McCloskey, P.E.
file

Sediment and Erosion Control Calculations
far
KMG Minerals - Archdale Mine
for
Franklin Industries
Flings Mountain, North Carolina ,
November, 96
G •pFE551p•.• �.
SEA
1 20
R, .•
prepared by:
Ledford Engineering Inc.
56 Ravenscroft Drive
Asheville, North Carolina

Nov. 6, 1996 Erosion Control Plan Prepared By:
Ledford Engineering Inc.
Supporting Calculations for the Design of Erosion Control Measures for
KMG Minerals - Archdale Tract
Basin #1
Sediment Pool Area Disturbed area =43.0 Ac. Drainage Area= 50.0 Ac.
c=.50, 1=7inlhr 025- .50 x 7 inJhr x 50.0 ac
173 cfs
Sediment Vol. = 1800 cf/ac x 43.0 ac= 77,400 cf
77,400 cf+5 ft. = 15,480 sf
To maintain efficient trap collection we recommend the following:
Basin size = 90' x 180' x 5' deep
Reck Dam
The height of the Dam at the center shall be 8 ft. and the embankment width shall be 10 ft. wide.
The side slopes on the embankment shall be 2:1 upstream and 3:1 downstream
The top of the Dam shall act as the spillway.
a in#2
Sediment Pool Area Disturbed area =34.0 Ac. Drainage Area = 34.0 Ac.
c=.50, 1=7irVhr 025 a .50 x 7 in/hr x 34.0 ac
= 119 cfs
Sediment Vol. = 1800 cf/ac x 34.0 ac =61,200 cf
61,200 cf+4 ft. = 15,300 sf
To maintain efficient trap collection we recommend the following:
Basin size= 90' x 180' x 4'_deep

Rock Dam
The height of the Dam at the center shall be 8 ft. and the embankment width shall be 10 ft. wide.
iThe side slopes on the embankment shall be 2:1 upstream and 3:1 downstream
The top of the Dam shall act as the spillway.
Basin#3
Sediment Pool Area Disturbed area = 13.0 Ac. Drainage Area = 13.0 Ac.
c=.50, 1=7in/hr 025 a .50 x 7 inlhr x 13.0 ac
=45.5 cfs
Sediment Vol. = 1800 cf/ac x 13.0 ac= 23,400 cf
23,400 cf T 4 ft. = 5,850 sf
To maintain efficient trap collection we recommend the following:
Basin size = 54' x 10' x_4' deep
Rock Darn
The height of the Dam at the center shall be 8 ft. and the embankment width shall be 10 ft. wide.
The side slopes on the embankment shall be 2:1 upstream and 3:1 downstream
The top of the Dam shall act as the spillway.
'Basin#4
Sediment Pool Area Disturbed area = 30.0 Ac. Drainage Area = 34.5 Ac.
c=.50, 1=7iNhr 02_ .50 x 7 inlhr x 34.5 ac
= 120 cfs
Sediment Vol. = 1800 c9ac x 30.0 ac W 54,000 cf
54,000 cf=4 ft. = 13,500 sf
To maintain efficient trap collection we recommend the following:
Basin size = 85' x 170' x 4' deep

d •
Rock Dam
The height of the Dam at the center shall be B ft. and the embankment width shall be 10 ft. wide.
The side slopes on the embankment shall be 2:1 ppstream and 3,1 downstream
The lop of the Dam shall act as the spillway.

NORTH CAROLINA MINING
PERMIT APPLICATION
State of North Carolina
Department of Environment, Health
and Natural Resources
Division of Land Resources
Land Quality Section
P.O. Box 27687
Raleigh, North Carolina 27611-7687
(919) 7334574
Revised 8/94

® s
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTIf,
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine Archdale County Cleveland
2. Name of Applicant" Franklin Industrial Minerals KMG Division
3. Permanent address for receipt of official mail** P.O . Box 729 Kings Mountain , N . C .
28086
Telephone [phone]
4. Mine Office Address 1469 S . Battleground Avenue Kings Mountain , N .C .
28086 Telephone [phone]
5. Mine Manager Glenn McCloskey, P . E .
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 nusrepr utation of facts will be cause for
permit revocation..
""Signature Date
Print Name �a • N9CC G
Title 66J 6-rev. Hf9�16Et.
' This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond or other 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 MIMNG PERNUT
w NQTE: All of the following questions must be thoroughly answered with regards to your mining
operation for the intended life of the nine, AU responses intuit be cteurty conveyed on a Corresponding,
detailed urine uwl).
A. GENERAL CHARACTERISTICS OF THE MINE
Answer;all of the following that apply:
1. a. If this is an application for a � ' 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 tip lication for F of a mining permit, indicate the mining permit number
and the total (ovc ral!) acreage covercxt by the existing permit: Mining Permit No.:
Total permitted acreage (this is the acreage that the "renewal" fig: will be
based upon):
c. If this is an application for a MODMCATiON to a mining permit, indicate the mining permit
number and the total (overall) acreage covered by the existing permit: Mining Permit
No.: 2 3-0 3 Total permitted acreage: 6 2 0
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 1s 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�2 5 2 (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 ppoortion of this acreage be affected (disturbed,
fround cover removed) by the mining operation'? Yes-- No_ (if no, a "minor modification"
ee 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 h�eermit (the total acreage to be added
to the permit is the acreage that the "major modification" fee will be based upon: 97
d. If this is an application for TRANSFER of a minim 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 KEQUISTF,D PERMIT ACTION(S) AND CORRESPONDING ACREAGE
NOTED AWVlE
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: Cr, oypr
LATITUDE (dd-mm-ss): 81
3. . Name of all materials mined' Mica , feldspar , clay, quartz
-2-
1

0-
APPLICATION FOR A MINING PERMIT
4. Mining method: Hydraulic Dredge Front-end Loader & Truck x Shovel & Truck x
Drrgline & Truck Self-loading Scraper x Other (expt.un) aS—Tc cFbe
5. a. Expected maximum depth of mine (feet) 200 Reference elevation:—g55+/-
b. Expected average depth of mine (feet) ? n
6. His any area(s) at this site been mined in the past? Yes Now If no, proceed to Question 7.
a. Acreage of previously affected land(s) at present site that has not been reclaimod:
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 an 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 1 67 acres Forestry acres Fish/Wildlife acres
Recreation acres Other 85 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 97 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.
-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 rembider, mini g 1 runts
can only be issued for up to 10 years; thus, all urine and reclamation neaps must only denute
those activities that are intended to be conducted during the life of the mining permit. All mapps
must be of a scale sufficient (see minimurn requirements listed below) to clearly illustrate the
following, al ll minin}urn:
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.
fOutline and acreage'of'all temporary and/or permanent overburden disposal areas.
I. Location and acreage of all processing plants (processing plants may be described as to location
and distance from mine if sufficiently far removed).
i. Locations and names of all streams, rivers and lakes.
j. Outline and acreage of all settling and/or processing wastewater ponds.
k. Location and acreage of all planned and existing access roads and on-site haul roads.
1. Location of planned and existing on-site buildings.
in. UY-ation and diniensions 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
8. Name and title of person preparing map
Map scales must, at a minimum, meet the following guidelines:
PERMITI'1=D ACREAGE MAP SCALE
0-99 Acres 1 inch = 50 feet
100-499 Acres 1 inch = 100 feet
500+ Acres 1 inch = 200 feet
-4-

0
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/haut roads, mine excavation and any other
major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining
permit. A table/chart similar to the following will be acceptable:
CATEGORY AFFECTED ACREAGE
Tailings/Sediment Ponds _
Stockpiles 3
Wastepiles 34
Processing Area/Haul Roads 0 . 1
Mine Excavation 60
Other _
NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO IN ANY SITE-
SPECMC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING
QUESTIONS IN TIIIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED
QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS-APPLICATION WILL NOT
BE CONSIDERFM COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY
ADDRESSED ON THE MINE MAPS.-
-5-

APPLICATION FOR A MINING PERMIT
C. PROTECTION OF NATURAL RESOURCES
1. a. Will the operation involve washing the material mined, recycling process water, or other waste
water handling? Yes X No . If yes, briefly describe all such processes including any
chemicals to be used.
Will be handled through the existing permitting for the Moss Plant .
The Archdale tract will consist of mining only .
b. Will the operation involve dischar ing fresh or waste water from the mine or plant?
Yes X No 1 yes, briejy describe die nature of the discharge and locate all
proposed discharge points (along with their method of stabilization) on your mine map(s).
The mining pit will have a sump that will be dewatered with the
discharge directed to the proposed sediment basin as shown on
the plan .
c. Will any part of the proposed mine excavation(s) extend below the water table?
Yes X No_. If yes, do you intend to dewater the excavation(s)? Yesx— No . if yes,
what impact, if any, will mine dewatering have on neighboring wells? Locate all existing wells
on the mine maps) that lie, within 500feet of the proposed ercavation area. Provide data to
support any conclusions or statements made. indicate whether the proposed mine locale is
served by a public water system or private wells.
All wells are located beyond 500 ft . of the proposed excavation .
d. Af 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?
At the ' time drilling was conducted onsite in 1996
the average groundwater elevation was 27ft below the
land surface .
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 Environmental Management, Water Quality Suction.
Will be performing under existing permits .
-6-

0
APPLICATION FOR A MINING PERMIT
2. a. Will the operation involve crushing or any other air contaminant emissions?
Yes X� No If yes, indicate evidence that you have applied for or obtained an air
quality permit issued by the Division of Environmentid .Mana►gernent, Air Quality Section, or
local governing body.
Will be handled through existing Moss Plant permitting . Only
mining shall take place on the Archdale property .
b. How will dust from stockpiles, haul roads, etc., be controlled?
A water truck shall be used as necessary to abate dust for
stockpiles , haul roads , and pit area . Disturbed areas shall
be vegetated as quickly as possible to also abate dust problems .
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.
1 . Construct the rock dam/sediment basins adjacent to I-85 as shown on
plan prior to clearing and grubbing .
2 . Areas shall be cleared and grubbed as necessary to allow mining and
overburden/waste pile creation .
3 . Berms and fencing shall be constructed per plans .
4 . Clearing and grubbing shall comence followed by removal of overburden ,
which shall be placed in the area shown .
5 . Mining of the ore shall follow overburden removal .
4. Describe specific erosion control measures to be installed prior to land disturbing activities and
during mining to prevent offsite sedimentation (include s ecifrc 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 sedirnett
arul erosion control measures on the mine map(s) and provide typical cross-sections/construction
details of each measure. Engineering designs and calculations shad1 be required when needed to
justify the adequacy of any proposed measures.
Refer to Item 3 above and the mine erosion control and reclamation .
-7-

i !
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 Duffers must be located within the permit boundmies, Buffers along
permit boundaries must tom, at a minimum, in .x . v i buffers. Show all buffer locations arul
widths on the mine nutp(s).
Permit boundary will follow the property line and the
unexcavated buffer is proposed as 25 ft .
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 natur.-d watercourses and
wetlands must be LiLd3iVLtrS,1. Show all buffer locations and widths on the mine map(s).
Not applicable
6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries
during mining.
Excavations shall be held at a slope , consistent with the
material being mined , to prevent caving or slope instability .
Any rill slopes shall be constructed such that the maximum
horizontal to vertical slope is 2 : 1 .
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 iJ' they are within 300 fret of any
proposed excavation.
Operation uses a shot service to assist in mining process. Typical types of
explosives include ammonia nitrate and dynamite. Required safety precautions
are administered, and no neighboring property is affected.
-8-

8
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 detaillero.ss-
section and location of each type of barricade to be used must be indicated on the niine map(s).
Fencing and berms , as well as a gated entrance , constitute
prevention of inadvertent access . Refer to the plan for
location of these measures .
d. Provide a cross-section on the mine maps)for all fill slopes (berms, wastepiles, overburden
disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any
benches and/or slope drains (with supporting design infonnation) if needed, and the method of
final stabilization.
See plan.
e. In excavations) of unconsolidated (non-rock) materials, spec the angle of all cut slopes
including specifications for benching and sloping. Cross-sections far all cut slopes must be
provided on the mine niap(s).
See plan.
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, widths of all safety
benches and mine benches, and the expected marimiun depth of the excavation.
Not applicable .
7. Are acid producing minerals or soils present? Yes No_ x_ . How will acid water pollution
from the excavation, stockpiles and waste areas be controlled?
-9-

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 lantin trees, bushes or other vegetation, buildingg berms or other
measures. Show the location of U visuayscreening on the mine maps) and provide cross-sections
through all proposed berms or proposed spacings, sizes and species for tree plantings.
Refer to Plan and Item 3 of this application .
9. Wi11 explosives be used? Yes x No—_. If yes, specify the types of explosive(s) and describe
what precaution(s) will be used to prevent physical hazard to persons or neighborinsroperry from
flying rocks or excessive; air blasts or ground vibrations. Locate the nearest o site occupied
stnecrure(s) to the proposed ereavation(s) on the mine map and inulicate its approrinnate distance to
the proposed excavation.
Operation uses a shot service to assist in mining process. Typical types of
explosives include ammonia nitrate and dynamite. Required safety precautions
are administered, and no neighboring property is affected.
10. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes No X 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 nwp(s) showing the location(s) of the disposal area(s). Include all
specifications for erosion and sediment control.
-10-

® i
APPLICATION FOR A MINING PERMIT
D. RECLAMATION PLAN
1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and
indicate the general methods to be used in reclaiming this land. This information must he illustrated
on a reclamation map and must correspond directly with the informations provided on the mine
map(s).
See plan. Please note that it is not feasible that this
tract will be completely mined out during the life of the
permit modification and therefore permanent reclamation
measures will not take place until that time .
2. a. Is an excavated or impounded body of water to be left as a part of the reclamation?
Yes X No . If yes, illustrate the location of the bexly(s) of water on the reclamation
reap and provide a scaled cross-section(s) 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 X . If yes, specify species.
Refer to note in item 1 above .
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
►nap.
Refer to note in item 1 above .
' -11-

APPLICATION FOR A MINING PERWT
3. Describe provisions for safety to persons and to adj*otning property in all completed excavations in
rock including what kind of permanent barricade will be left. Construction derails and locations of
all permanent barricades must be .shown on the reclamation map.
The property is fenced and posted against trespassers.
4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on-site mine
waste arras, including "spe6fications for benching and sloping. Final cross-sections and locations
for such areas mwi, be provided.on the reclamation map.
. See plan and refer to item 1 above .
5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways.
See plan .
b. Will any on-site roadways be left as part of the reclamation? Yes No X If yes,
identify such roadways on the reclanixion map and provide details on permanent dilclll line
stabilization.

® •
APPLICATION FOR A MIIYING PERMIT
6. Describe the method of reclamation of settling ponds and/or sediment control basins.
See plan . As permanent vegetation .
7. Describe the method of control of contaminants and disposal of scrap metal, junk machinerryy, cables,
or other such waste products of mining. (Note definition of refuse in The ining Act of 1971). No
off-:site gencraled waste shall be disposed of on the mine site without prior written approval
from the NC Department of Enviromnent,Health, and Natural Resources, Lind Quality Section
ALiLl either the Division of Solid Waste Management (DSW" or local goveriting body. If a
d6po&0 permit has been issued by DSWM for the site, a copy of said permit must be attached
to this application. All temporary and permanent refuse disposal arras must he clearly delineated
on die mine maps) and reclamation map, along with a list of items to he disposed in said areas.
No refuse will be placed on this site .
8. Indicate the.method of restoration or establishment of any permanent drainage channels to a condition
minimizing erosion, siltation and other pollution. Provide design infonnation, including typpical
cross-sections, of an permanent channels to be constructed as parr of the reclamation plan. lrulicate
the locations) of all pennanent channels on dw reclamation map.
Not applicable .
9. Provide a schedule of reclamation that indicates the sequence of reclamation and approximate time
frame. If reclamation is to he accomplished concurrently with mining, then clearly indicate on the
mine maps) and reclamation map each segment that is to he mined and reclaimed during each year
of the permit. Add drawings showing typical cross-sections and final features of the proposed
reclwriation.
See plan .
-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 revegetadon and, if necessary, temporary revegetauon. Revegetation
utilizing only tree plantings is not acceptable. NOTE: The Revegetuhon Plan must be approved
• n 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,
al Heth, 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, He:dtlt,' and Natural Resources;
f. Others as may be approved by the Department.
LIME - RATE OF APPLICATION (tons/acre):
FERTII.IZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre):
SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YFAH;ROUND SEEDING
SCHEDULE (pounds/acre):
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):
*Intend to use same approved plan as Hawks Permit No. 23-10 as approved by
the Soil Conservation Service dated January 21, 1981 and renewed May 1, 1991 and
transfered ootober 28, 1994. See attachment.
Revegetation and/or reforestation plan approved by:
Signature Date
Print Name
Ti tle
Agency
-14-

APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The following boand calculation wontaheet is to be cared to establish an appropriate bond (based upon a
rang of$500 to $S.000 per affected acre)for each permitted mine site based upon the acreage approved
bI the Department to be o_fecred during the life of the mining permit.
please insert the nnprnrinmte acreage, &r each atinecr afjile minine nperntian that you intend IQnR•ect
rite ! n ' • t ' m7 ) • ) a arrnr' e reclainariono n
im l -1 r ' > , rv' ) ia' taut ,licntion Iona):
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE COST
Tailings/Sediment Ponds Ac. X $ /Ac. = $
Stockpiles 3 Ac. X $ 1800 /Ac. = $ 5 , 400
waslepdes 33 . 9 Ac. X $ 2000 /Ac. = $ 67 , 800
Processing Area/Haul Roads 0 . 1 Ac. X $ 2000 /Ac. = 4 200
Mine Excavation 60 Ac. X $ 500 /Ac. = $, 10, 000
Other Ac. X $ /Ac. _ $
TOTAL ACREAGE: 97 Ac. SUBTOTAL COST: $ 103 , 400
Additional Reclamation Cost Factors:
a. Inflation: ❑ for permit life of 1 to 5 years:
SUBTOTAL COST X 0. 10 = $ 10, 340
for permit life of 6 to 10 years: 25 , 650
SUBTOTAL COST X 0.25 = $
b. Mobilization: SUBTOTAL COST X 0.40 = $ 41 , 360
C. Administration: SU13TOTALCOST X 0.20 = $ 20 ,680
a + b + c = $ 98 , 230 + SUBTOTAL COST = $ 201 , 630
TOT71L nurr.�u>•SIOH BOND C087: _ $ 201 . 630
(round dove to the nearest $Soo. 00)
-15-

APPLICATION FOR A MINING PERMIT
F. NOTIFICATION OF ADJOINING LANDOWNERS
The "Notice" form, or a facsimile thereof, attached to this appplication must Lve 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 peniut boundaries and the names and locations of all owners
of record of land adjoining said boundaries must be clearly denoted on the tux rnap).
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 PERNllT.
SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF
NOTIFICATION"
-10-

s
NoncE•
Pursuant to provisions C.S. 74.50 of'Me Mining ACI of 1971, Nude is hereby given deal
Franklin Industrial Minerals KMG Division: has applied on 11 /1'1 /26
(Applicant Nanlc) (llate)
to the land Quality Section, Division of Land Resources, North Carolina Department of L-nvironlncnt. Health,
and Nalued Resources, P. O, Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a nrw surface mining permit 13 1 .
(b) a mndi6cminn to add adjacent land to an existing surface mining permit
The applicant proposes to mine - •Mt ra on n7 acres located
(hlinerd, Oro) (Number)
2 . 5 Southwest of Kings Mountain , NC
(nGlcs) (Olrecuoll) (NwCst Town)
vi7near road us 29 in Cleveland
(Road Nuult. : INW11c) (Nolte of County)
•SCC ArrttCHM MAP ]FOR PROPOS M. POWIT DOIjf4 iMIT-S MM CORRrsPONDINC
1DjOiN NO L.sNL),0WNLR NArv= elNL) LOCATIONS•
in accordance with C.S. 74-50, the mine operator is required to make a reasonable effort to notify all
wncrs of r"ord of land udja"r lcoatiguuus) to tAg proposed mine site (pennit bound;wies), and to nuoly
le cltici:Wulinisultive 00XCf of We Counly or nlunic;j"ly in which the site is Its:ausl. Any llersugntay fJe
rrd n-u cnnl❑Ica t(.) 10 Ills Dcparinlenl al ale aaove :ald l Css willun utiaIy, (JU) days of die issuance of Ira No dce
r me Iliine. of tie application lot a pertnil, wldctlever is later. S'liould me Dcparunent octeriniue Uul a
1:nJicatii punk iutcrest cxlsu relative to C.S. 74.51, a public nearing will tic held within 6U days ui dlc end
dic 70-day wmmcat perioa spteilicd above. -
A copy of the permit application materials are on file and available for public review during normal
sines$ hours at the above listed address as well as at the appropriate regional oliioc. For lunhcr information
L 1911) 71 -4574. )1t"rr nn��ru 'nr flevuvnr n rr will enc;drr an
•Jrin^yri, Y ll• r•nn w' I n I r ) r v'dr c ni a Nl' A • III 1071 iirnu •en ,,tiGr:u inn r _
to nl 1 ndrriini 's n 'o Ir nr rt r tnlir r'n I
Cleveland County ,
P.D. Box 1210
Ralnx�i :ljllc l all ng hmx.s
11/11/96
(Oale or lssu:ulaa of this NaueJhlad.;d w AJJress.:e)
Franklin Industrial Minerals KNC Division
(Name of Applic:uu)
P. D. lox 729 Kin s Mountain, NC 2n0n6
Address u!ulpplic:uu)
-17-

® •
APPLICATION FOR A MINING PERMIT
AFFIDAVIT OF NOTIFICATION
1, Ca le • MCGtA$kE/ , 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, Health, and Natural Resources, being first duly swum,
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 cerufied 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)
1 do also attest that the following individual is the chief administrative officer of the county or
municipality in which the pro(wsed mining site is located and that notice of the pending application has been
caused to be mailed, by tern tied or registered mail, to said office at the following address:
(Chief Administrative Officer Name) (Address)
The above attestation was made by me while under oath to provide proof satisfactory to the Department
that a reasonable effort has been made to notify 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.
SB .0004(d). 1 understand that it is the responsibility of the applicant to retain the receipts of mailing showing
that the above noucces were caused to be mailed and to pr vide them to the Department. upon request,
r z�/G/9� ? eC
Date Signatu • of Applicant
If person executing Affidavit is an agent or employee of an appli , provide the following
information: (Name of applicant) F'PuKIn; _1661'4W 611p.U.A�St KI11C—�io'<in.; (title of person
executing Affidavit) 4,P-meepJ mAn,+•�1,o �f J
a Notary public of the County oft— )'L ,
State of North Carolina, do hereby certify that l '1. )(100)/)Skeq
personally appeared before me this day and under oath acknowledged that the above Affidavit was
made by hint her. Q
Witness my hand and notarial seal, this _kbl!-t Laay of �����P/� i 199.
Notary
Mg Cornniis sior,.expires: It Commission Expires Sept. 17, 20001
-IB-

P Kings Mountain Community P.O. Box 11008 Raleigh NC 27604
Alweda R, Cobb 240 Sugar Creek Rd, West Charlotte NC 28213
1v Kings Mountain Farms - P.O. Box 918 Greensboro GA,, 30642
Jeffrey Douglas Winebarger 236 Jim Patterson Rd Kings Mountain NC 28086 ✓
William T. & Annie M. Berry 128 Wells Rd. Kings Mountain NC 28086
Terry Neron Martin 232 Jim Patterson Rd. Kings Mountain NC 28086
Phillip Edward Brafford 228 Jim Patterson Rd. Kings Mountain NC 28086
Fred Bennett& Edict Wall 222 Jim Patterson Rd. Kings Mountain NC 29086 ✓
Pioneer Motor Bearing Co. P.O. Box 2005 South San Francisco CA 94083
Kay R. & Sarah E. Maddox 1829 S. Battleground Ave. Kings Mountain NC 28086 ✓
William Mark Sanders 100-33 Willow Run Gastonia NC 28054
Cleveland County P.O. Box 1210 Shelby NC 28151
Odell & Betty Benton 270 Benton Rd. Kings Mountain NC 28086
Gary Dale & Patricia Benton 249 Benton Rd. Kings Mountain NC 29086
Al
If ly

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 administranon 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 roclamation which the operator has failed to complete in the event a bond forfeiture is
ordered pursuant to G.S. 74-59.
LANDOWNER: APPLICANT
c
Signature See Attached "Memorandum of Lease"
Signature
File Date: January 29 , 1992
ske McC
Book 1107 Page 1719 Cleveland Count R. o
Print Name: �'rint Name: G. y
Address Title: Cener.al Manager
Company. Franklin Industrial Minerals,
KMG Division
Telephone Mine Name: Archdale
*Signature must be the same as the individual who signed Page 1 of this application.
4 mint. mawm i n
tie ar) ronri;tte prucessine fcy (see next page for fee schedule) in the form a check or money order
payable to the North Carolina Department of Environment, Health, and Natural Resources must be sent
to the mend Quality Section Central O[lice at the address listed on the front cover of this application
forru.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff
at [phone].
-19-

0 !.
HINING
*A nonrefundable permit application processing fee is required when filing for a new mining
permit, a major permit modification or a renewal permit as follows:
TYPE ACRES** XZW PERMIT MAJOR RENEWAL
MODIFICATION
Clay 1 but less than 25 $500 $250 $250
25 but lose than 50 1000 500 500
50 or more 1500 500 500
Sand & 1 but leas than 5 150 100 100
Gravel,
Gematone, and 5 but leas than 25 250 100 100
Borrow Pita
25 but lees than 50 500 250 500
50 or more 1000 500 500
Quarry, 1 but less than 10 250 100 100
Industrial
Minerals, 10 but less than 25 1000 250 500
Dimension
Stone 25 but less than 50 1500 500 500
50 or more 2500 500 500
Peat & 1 or more 2500 500 500
Phosphate
Gold (Heap
Leach) , 1 or more 2500 500 500
Titanium &
Others
*A nonrefundable$50.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers,name
changes,bond substitutions and permit rcncw&ls whom the mine is inactive and fully stabilized. A minor permit modification also includes[ands added to a permitud
arc&, outside of the minimum permit buffer zone requirements, where no plans for miring related disturbanec of the added lands have been approved. All other
changer are considered major modifications.
**Acres for new pernuu and rencw'al perrniu mans the tool acreage at the site. Acres for major modification of pefn its means that arm of land affected by the
41"ificstion within the pcnnincd nurse area, or any additional land that is to be disturbed and added to an cueing pamiucad AMA, or b.xh.
3/94
-20-

LAND QUALITY SECTION HEADQUARTERS
Francis M. Nevile,Jr.,P.E. Jamey D. Simom, P.G., P.E.-Chicf Engineer MSI111m (feby)Vkadd - Sedlmem Education Courier-52-01-0
Section Grief S. Cniy L 1' P.E.-Sun Sediment Specialist Specaut (91913334523
512 N. S.Gsbury Sued David H.Ward - Amivam Sum SNlmcm Specialist FAX a (919)233Q126
P. O. Boa 29612 Tn:y E. Dacia, P.E. -Sum Mining Spcislia Secrel
Raleigh, NC 27611 Judy WeA=r -Asriaunt Sum Mining Specislin J
Tnny L. Sangle - Aaustaot Sum M'ming Specialist Rouma Evana - Lad Secretary
James K. Lcumaa, VE_ -Sum Dam Safety Fry'nc<r Smphanic Lain -Sceimcm d Dam
lark H. PJmes, E.l T. - Auin. 54u Dam Safely W. Suun EdwnMr -Mining
LAND QUALITY SECTION REGIONAL OFFICES
ASHEVR.LE MOORFSIM-LE N'LNSFYJN-SAI.EN R-UMG9
RICHARD PH01Jj,5, P.E. IFJtRY COOK MUG MILLER, P.E. JOHN HOLLEY, P.E.
Imenharyc Bldg, 919 Noah Main street 515 WaughW n Suer 38W Barged Drive
59 Wa rm Mace MaortrvBle, NC 21115 W9mno- lem, NC 271W P. O. One 27611
Anhcvillt, NC 28901 Raleigh,NC 22611
COURD3l-09-5541
COURIER -W-Y8-16 tO1IRtElt- 13--21418 (910)TJla B.TFkOFFICE
ON)251 E201-02) (7W)663-16W- (54) FAX I (910)T 11 l (919)57147M- (35)
FAX I(JW)251H32 FAX/(9W)W.Sm FAK I (919)$21J211
Alamrea ABeIAavY Ashe
Avery Buncombe Parke Alevrder Unculn Camell Davidson Davie (! atham Dwfwn Fdsecombe
Caldwell Lank" Coy Cabamu Mecklenburg Fonyut Guilford R9cknrgMm FnnInhn GnnvBle Hafifia
GnAam H Jwood Hederaon Cau,vba Rowan Randolph Stokes Surry jokuts v Ice Nash
lackaen Mac= Madison Claelavd Stanly Wmugs Wdkw Yadkin Ncnmu uo Grow Pcaam
McDovdl mi"'ll Palk Gaswv Union Vane Woke
Rm tt-foA Swain Tn=yNanu Dedell Warren INilwv
YaucY
FAYETiE�11.1E H7LFSLNGTON N'ASELLNGTON
JOE GLASS, P.E. DAY SA)% 5, P.E. Fi-01'D %'(HAMS, P.G.
Wehovia Bldg. 122 Cardinal Drive,En. I424 Canlim Avenue
Suim Y(i U lmiry n. NC 21a05-3645 Wstharymn. NC 27999
Fayetteville, NC 21)01
(X)UTUER- 160 1
[OU0.6le- 1A56-25 COURIER-W-1633 (919) 9,tu csl (36)
(910)49e-1541 (53) (910)395-39M(ST) FAT 1 S19)925-3216
FAX [phone] F.AX 1 (910)35D2004 ..
_ Buufon Belie Camden [hwvan
Arland Mouigomery &Wad Bmruwick NewHa=ver Cnven tLrritacle Dan Gam
Bladen Moon Ormtel Onslow Gmtne Hertford Hyde Jones
C1mbcH.M FS Amud Columbus fender Uncut Martin Pamlico Paspumnk
Harnett Rubeaon Duplin Pin Tym.11
Hoke Sampan 1VuAingum Way=
REl'1SED 1195

SCHEDULE_ OF RECLAMATION-CO-STS
(based upon-range Qf $500 - $5,44p psr afrecicd .Hem..)
COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = borrow/fill dirt, CS
Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Yyrophyllite,
OL = Olivine, KY = Kyanite/S ill imannte/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat,
AU = Gold, Ti = Titanium, and OT = Others
Tailing..! Processing Mine
Tyw SedimentJ.'onds Stockpiles Was p les Area/Haul Roads Excavations
SG, GS, $ 500 ([ }/acre $ 18001acre $ 2000/acre $ 1800/acre $ 500 (L)/acre
Borrow 1500 (FI) 2000 (PD)
CS, DS, 500 (L) 1800 2000 2000 500 (L)
FS, MI, 1500 (FI) 2500 (PD)
Ll, PF,
OL, KY
PH, CL 1000 (L) 2500 5000 5000 2000 (L)
2500 (FI) 5000 (PD)
PE, AU, 1000 (L) 2500 3000 3500 2000 (L)
TI, OT 2500 (FI) 5000 (PD)
(L) = reclamation to a lake and revegetating sideslopes
(Fl) = reclamation by filling in and revegetatrng
(PD) = reclamation by grading for positive drainage and
revegetating
AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY
THE BOND CALCULATION WORKSHEET PROVIDED IN THE MINING PERMIT APPLICATION
FORM, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A TIT IRD-PARTY
CONTRACTOR. SAID ES'1TMATE MUST BE ATTACHED TO THE APPLICATION ONCE IT HAS
BLLN COMPLETED. YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF TIIE DIRECTOR'S
FINAL BOND DETERMINATION.
* In lieu of a surety bond from an insurance company, the applicant may file with the Department a cash
deposit, an irrevocable standby Ietter of credit, or an assignment of a savings account in a North Carolina
bank on an assignment form prescribed by the Department. The amount of land approved to be affected
and unrecla must not exceed the bonded amount.
5/94
-22-

Page 7 of 8
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' or the Mining Permit.
The approved plan provides :
Llinimum Standards-As_P-rovi-ded By G . S .' '74-53
1 . The final slopes in all excavations in soil , sand, gravel
and other unconsolidated materials shall be at such an angle
as to minimize the possibility of slides and be consistent
with the future use of the land.
2 . Provisions for safety to persons and to adjoining property
must be provided in all excavations in rock.
3 . All overburden and spoil shall be left in a configuration
which is in accordance with accepted conservation practices
and which is suitable for the proposed subsequent use of the
land.
4 . No small pools of water shall be allowed to collect or
remain on the mined area that are, likely to become noxious ,
odious or foul .
5 . The revegetation plan shall conform to accepted and
recommended agronomic and reforestation practices as
established by the North Carolina Agricultural Experiment
Station and the North Carolina' Forest Service.
6 . Permittee shall conduct reclamation activities pursuant to
the Reclamation Plan herein incorporated. These activities
shall be conducted according to the time schedule included
in the plan, which shall to the extent feasible provide
reclamation simultaneous with mining operations and in any
event, provide reclamation at the earliest practicable time
after completion or termination of mining on any segment of
the permit area and shall be completed within two years
after completion or termination of mining.
RECLAMATION CONDITIONS:
1 . Provided further, and subject to the Reclamation schedule,
the planned reclamation shall be to restore the mine
excavation to a lake area and to grade and satisfactorily
revegetate any adjacent disturbed areas .

Page 8 of 8
2 . The specifications for surface gradient restoration to a
surface suitable for the planned future use are as follows :
A. The lake area shall be excavated to maintain a minimum
water depth of four feet measured from the low water
table elevation .
B. The side slopes to the lake excavation shall be graded
to a 3 horizontal to 1 vertical or flatter above the
water level and 1 1/2 horizontal to 1 vertical or.
flatter below the water level .
C. Any areas used for wastepiles , screening, stockpiling
or other processing shall be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the
mine site . On-site disposal of waste shall be in
accordance with Operating Condition Nos . ll .A. and B.
E. The affected land shall be graded to prevent the
collection of noxious or foul water .
3 . Reveaetation Plan :
After site preparation, all disturbed land areas shall be
revegetated as recommended by Mr . Dave Leatherweod; with the
Soil Conservation Service dated January 21 , 1981 .
. 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 KMG Minerals , Inc . on March 16 , 1981
and renewed May 1 , 1991 , is hereby transferred in its
entirety to Franklin Industries , Inc . this 28th day of
October, 1994 purssuantl to G. S . 74-51 .
By:
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment, Health and Natural Resources

Ucowiuc F= S lb ' o ROOK ilO7 PAGE 1719
9 d CLEV. CO., NC
FILED
1992 JAN 29 PA Z. 15
STATE OF NORTH CAROLINA DORIS F, ECn!'2 _�4$
REGI$I
COUNTY OF TER Ct �_'=ijj
MEMORANDUM OF LEASE /
. THIS MEMORANDUM OF LEASE, made and entered into this
day of 000 1991 , by and between NEISLER BROTHERS , INC .
of the County of Cleveland, State of North Carolina,
(hereinafter referred to as "Lessor") and*kMG MfNERALS, INC. , of
?. . /J6 x 7a.1
the County of Cleveland, State of North Carolina,. (hereinafter
referred to as "Lessee") ;
WITNESSETH.
That in consideration for the sum of One Dollar ($1 . 00) and
other good and valuable considerations in hand paid by Lessee to
Lessor, the receipt of which is hereby acknowledged, and as more
fully set forth in a certain lease between said parties which is
}
dated the )� day of 19 the said Lessor has
agreed to let and lease and did let' and lease to the Lessee and
the said Lessor did lease and take according to the terms of the
said lease all of the property described in Exhibit A attached
hereto and made a part hereof .
Said lease agreement gives to Lessee the right to mine and
remove therefrom minerals of all classes and kinds for a period of
1

BOON JJ07PAOI V20
twenty- five (25) years beginning on the (4"' day of 4'f!-1/ , 1991 ,
with the right of first refusal in Lessee to purchase the land
described by EXHIBIT A in event Lessor decides to accept a bona
fide offer from a third party for the purchase of said land .
The purpose of this instrument is to give notice of said
lease agreement which itself contains the entire agreement between
the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the duly authorized persons, the day
and year first above written .
WITNESS : NEISLER BROTHERS, INC.
8nL B
t
ti
�j c/p S1� AL,T KMG MINERALS, INC .
2.
��a Ate: :yd.•�.{°a M tt ew rro J
t ry CEO and Presiden
° "'S.TATE OF NORTH CAROLINA
S •COUNTY OF Cleveland
""�^A'•.:.,,,1; This 10th day of October 1991 personally came
before me MATTHEW A. FERRO, JR . , who being by me duly sworn says
that he is the president of KMG MINERALS, INC . and that said ,
.2 -

® BOON U07PACE J7210
writing was signed by him in behalf of said corporation by its
authority duly given. And the said MATTHGW A. FERPO, JR .
acknowledged the said writing to be the act and deed of said
corporation .
[SEAL] Notary Public
My, commission expires : /�
-f filed for registration on�'�dat of A.in he
�# DI
19�' of oZ..15 o'clock�M., and regia Bred m the
office of Register of Deeds, Cleveland County, NC
in Book 10 Page [ 7i9
STATE OF
_.� paarr_ BY epuyt.2K�.oJ
COUNTY OF C�� P1/P /(Y h!Y Register of Deeds Deputy
Be it remembered that on the 1V day ofAkjVevn,l_vi: 19g1,
dbefore me the subscribed, a notary public of the State of
N011`i ertro(yhw personally appeared jeis /I'' e' 771
whom I am satisfied _ the person (s) named in and who executed
the within instrument and thereupon h C' acknowledged that
h-p— _signed, sealed, and delivered the same as his act and
deed for the uses and purposes therein expressed.
[SEAL] 9141 , , '.
Notary Public�j
My commission expires :
91 Commission Expires May 18, 1394
- 3 -

® Book 1107PACE 1722
EXHTEIT A
Description of Property
Beginning at an iron in the Southern margin of the right of way for U.S. Highway
29, Kings Mountain Community Development Corporation's Northeast corner (Deed
Book 18-0 at Page 769) , and running thence with the said Southern margin of U.S.
Highway 29 North 41-12 East 1, 143.71 feet to a point, corner of property of
Cleveland County (Deed Book 18-X at Page 346) ; thence with three lines of the
' property of Cleveland County South 48-48 East 50 feet to a point; thence North
41-12 East 50. 0 feet to a point; thence North 48-48 West 50 feet to a point in
the Southern margin of the right of way for U.S. Highway 29; thence proceeding
with the Southern margin of the right of way for U.S. Highway 29 in an Easterly
_direction 3, 000 feet, more or less, to a point where the said Southern margin
intersects the Western line of Talbert and Crawford's tract (Deed Book 9-X at
Page 439) ; thence with Talbert and Crawford's line South 38 East 1, 000 feet,
more or less, to KMG Minerals, Inc. 's Northeast corner (Book 17-D at Page 103) ;
thence with KMG's Northern line South 44--43-20 West 1,422.96 feet to a point in
the center of State Road 2314; thence South 44-40-20 West 395 feet to a concrete
marker; thence South 23-15 East, 327.54 feet to a point in the centerline of
State Road 2314, Gary Benton's corner (Deed Book 15-5 at Page 008) ; thence with
the centerline and with Benton 's line the following five lines: (1) South 37-13
West 100.0 feet to an iron; (2) thence South 42-59 west 100.0 feet to an iron;
(3) thence South 47-29 West 150. 0 feet to an iron; (4) thence South 40-33 West
75. 0 feet to an iron; (5) thence South 18--28 west 75.13 feet to an iron; thence
with Odell Benton's line (Deed Book 13-J at Page 501 and Book 9-0 at Page 315)
North 83-46 west 604 .10 Feet to a concrete monument; thence continuing with
Benton's line South 0-15 East 1, 153.60 feet to a point; thence with Benton's
line and then with the Northern line of Lot 9 of the Kings Mountain Farms, Ltd. ,
Subdivision (Plat Book '14 at page 73) South 46 west 937.20 feet to an iron;
thence with the Eastern lines of Lots 7, 5, 3 & 1 of the said Subdivision South
31-15 west 821. 00 feet to a corner 'of the property of the North Carolina
Department of Transportation; thence with the property of the North Carolina
Department of Transportation the following three lines: (1) North 5-27-22 east
668 .16 feet to an iron; (2) thence North 48-36 East 850 feet to an iron; (3)
thence North 29-18 East 211 . 90 feet to an iron on the Southern margin of the
right of way for Interstate Highway #85; thence with the said Southern margin of
I-85 and continuing with the property of the North Carolina Department of
Transportation the following eight lines: (1) South 48-36 West 714.56 feet to an
iron; (2) thence South 40-48-45 East 13.38 feet to a point; (3) thence South 48-
24-48 West 297 .31 feet to a point; (4) thence North 41-42-45 West 14.07 feet to
a point; (5) thence South 48-36-41 West 1, 686.56 feet to a point; (6) thence
South 46-42-02 West 888. 83 feet to a point; (7) thence North 43-49 west 30.04
feet to a point; (8) thence South 45-54-12 west 71.63 feet to a point; thence
North 24-01-30 West 420 feet, more or less; thence North 27-29-33 East 785.48
feet to a point; thence continuing with Mullinax's line North 04-45-00 East
179. 99 feet to an iron, Kings Mountain Community Development Corporation's
Southwest corner; thence with two of their lines North 41-11-55 East 1, 660. 88
feet to a point; thence North 48-48-05 west 607.20 feet to the point of
BEGINNING.
APPROVED: APPROVED:
NEISLER BROTHERS, INC. KMG MINERALS, INC.
C.E. Neisler, tII Ma thew A. Ferro, Jr

North Carolina Department of Environment, Health, and Natural Resources, -
Division of Land Resources, Land Quality Section
MIME INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Moss- 7J6 ter 2. MINING PERMIT k 23-0
3. OPERATOR �rd�A kPm ZnduaiG.r'6 i-Gnc . 4. COUNTY C. IPJe I a^k
5. ADDRESS _ (012 ID't=r"A M. AftJ 41 t,VA4IAOHP .Tn 372n3
6. Person (a) contacted at site Ja
7. Was mine operating atl�me.ei-insjfecti �' as No 6. Pictures ? "� Yes 'NO
9. Date last inspected: p/ 16 g since las inspection ? wYes No
11. Is the mine in compliai ce with the OtniaMaondilions of the Permit ? 2 Yes ❑ No
If no, explain:
I
12. Is the mine in complia ce wi the Reclamat "tieaseflhe Permit ? Yes ❑ No
If no, explain:
13. Did any of the above deficiencies result in offsite damage ? ❑Yes o If yes, describe the type
and severity of the damage:
14. Corrective measures needed and!or taken: KQc I o iu n Irn, AeO S '4-n I.nni'm QS PIP /(A:
i P c . -C-fwinFc
-
41 l
hkt,�
15. Olher�u (CPrecommendations and comments: bvaYn SIo4eZ /YPclulw. � nrdVia cEna- a
��n
16. Is the Annual Reclamation Report +! - map accurate ? 0•Yes ❑ No (Explain) ❑ Not Reviewed
17. Follow-up inspection needed ? ❑ Yes CE40 Proposed date_/
18. No. of additional pages of Inspection Report u A 19. Copy of Report sent to operator/
INSPECTED BY:34ac � !!I So,Q,tn p (dale)
1 �.h D Plu kA4 w DATE: 5 lam! 5�
Phone No:(704) bib 3-I(Og`)
White ropy to fife YeLbw copy to operator Pink copy to Mining Specialist
aav