23-03_6_Redacted

FRANKLIN INDUSTRIAL MINERALS
1459 S.BATTLEGROUND AVE.•P.O.BOX M
KINGS MOUNTAIN, NC 28086
PHONE(704)] 3550 FAX[phone]U8
February 17, 1998
Mr. Tracy Davis En
Land Quality SectionDBNR
F.O. Box 27687
Raleigh, NC 27611-7687
Dear Tracy:
Fnclosed are copies of maps (4 of 4) for the Moss - Neisler Mine 423-03. Please let me know if
the colors are a problem.
SH crely,�Lnn
Jim Spigner
Safety Supervisor
.IS/cg
r

2/17/98 Mining Permit•One Page Report Page 1
Permit No.: 23-03 Owner Name: FRANKLIN INDUSTRIES INC
County: CLEVE Mine Name: MOSS-NEISLER MINE
Region: 3
Contact Person: GLENN R MCCLOSKEY P E Phone: [phone]
Street Address: P 0 BOX 729
City: KINGS MOUNTAIN State: NC Zip:
Commodity Code: MI Appl, Rec'd Date: 5/22/72
Mine Status: A Public Bearing Date:
Issue Date: 7/26/72 Expiration Date: 5/16/04
Permit Revised Date: 3/10/97 Date Denied:
Total Acres Permitted: 901.00 Total Acres Bonded: 425.00
Release Date: Type of Bond: B01
ARR Rec'd Date: 2/04/97 Bond Amount: 500,000.00
Last Inspection: 7/12194 Next Inspection: 7/07/95
Last NOD: Last NOV: 6/02/93
No. Insp./Yr. : 0 No. Insp, to Date: 0
Latitude: 3519167 Longitude: 8140833
River Basin: BROAD Quadrangle: GROVER
*ACRES DISTURBED ANNUALLY* (No. 2 on the ARR form):
Tailings Ponds: 0.0 Stockpiles: 0.0 Wastepiles: 0.0
Processing Plant: 0.0 Active Mine Area: 2.0 Total: 2.0
*ACRES RECLAIMED AND RELEASED ANNUALLY* (Central Office input/delete only!)
Tailings Ponds: 0.0 Stockpiles: 0.0 Wastepiles: 0.0
Processing Plant: 0.0 Active Mine Area: 0.0 Total: 0.0
*CUMMULATIVE ACRES DISTURBED/UNRBCLAIMED AT THE SITE* (No. 4 on the ARR form) :
Tailings Ponds: 98.0 Stockpiles: 26.0 Wastepiles: 26.0
Processing Plant: 53.0 Active Mine Area: 42.0 Total: 245.0
Central Off. Comments: Issued to Kings Mt. Mica Co. on 7/26/72; transferred to K
Regional Off. Comments:
i

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DATE TO ASSISTANT �o,C/ ' DATE TO SUSAN
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LOGGED IN F. I ..'�
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MINING CHECKLIST FOR ROUTING JAN
Company 9�K'l'r Proj``ect Name MMJKS eta 11FQZ h 1b �CURCE4
Permit No. Z3-/0 03 County C�Qu< 10J Date Received /Z_-L T -`/L.
Reviewer
Please make copies of check to include with Central Office and
Field Office files and l�log
/in checks.
* ElNew ElRenewal LI Modification ❑ Transfer ❑ Release �
❑ Additional Information IJ Fee Needed 4S oO.&e
Fee Received: Amount CO" '
vt. ,9•
Please route to:
Il1Q� ' 4 ` )/ Field Office Date Routed
U Wildlife Resources Commission Date Routed Iof - J
i
* ❑ Archives and History Date Routed
IJ Other: Zx�)Q J- bAQ -[71v4 kpi'oK&O Date Routed
suspense Date for Comments: I- ZZ 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
l White Copy to Field Office Yellow and Pink Copies to File Goldenrod Copy to Susan

State of North Carolina '
Department of Environment,
Health and Natural Resources 1 •
Division of Land Resources
James B. Hunt, Jr., Governor p E H N
Jonathan B. Howes, Secretary
Charles H. Gardner, P.G., P.E.
Director and State Geologist PIvls!_.'V OF [A,, P.771!_!%r s
December 30, 1996 L-MD Q'T''LITY
RECI~ 11Y1,: ,.1
MEMORANDUM UAN 3
To: Ms. Stephanie Goudreau IDPOTURIT Qf
Habitat Conservation Program Coordinator RMTH AW KA1URX &ENWRCE
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 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.
SBE
Attachments
cc: Mr. Doug Miller
Geologicd Survey Section Land Quality Section Geodetic Survey Section
[phone] [phone] [phone]
FAX: [phone] FAX:[phone] FAX:[phone]
P,O, Box 27687,Raleigh,North Carolina 276 1 1-7687 Telephone [phone] FAX 919_733-4407
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

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prr - , r
JAN 3 r.
OFPA I9tjIT OF E;Wr-,.:S[.NT
R MTH AMP MAIURRL 9SOURCFA
VENDOR: 2007E1c' FRANKLIN INDUSTRIES Inc. NASHVILLE,TENNESSEE 37203 CHECK NO. 180699
020475 PERMIT 12/ 16/96 500. 00 500. 00 . 00 500. 00
heck Total 500. 00

FRANKLIN INDUSTRIAL MINERALS
KMG DIVISION
• R(vl&�f'1 OF tgryD
bN0 OBAl11Y
RECEIVpa
December 30, 1996 ball $ 19YI
Burman ur �v;>o;�s:-ar
Atmi Tony Sample d 141100A1 RGSOyj��.'
Land Quality Section Milt
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 of$500.00 to cover the Application fees. If you have
any questions, please contact me at 704-734-3510.
I apologize for any problems or inconveniences this error may have caused in processing the
Application.
Sincerely,
FRAN IN INDUSTRIAL MINERALS
Mitzi Q'Rhea
Administrative Assistant -
Enclosure
F
VED
NR
Y SECTION 1
1469 S. Battleground Ave. • P.O. Box 729 • Kings Mountain, NC 28086 9 Phone: [phone] a Fax: [phone]

DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
MOORESVILLE REGIONAL OFFICE
JANUARY 10, 1997
!! 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:
1 ) The official address in the application for modification and on
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
amount of land to be included in the permit south of I-85 , though
page 1 of 4 on the tract map includes a substantial amount of land
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-85 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 achieve
filtration.
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.
I

FRANKLIN INDUSTRIAL MINERALS
KMG DIVISION
pivisim (IF [AND rr"-N!RM
p E I
BAN RECEIVED
December 23, 1996 D E H
Mr. Tony Sample OPUT&OT OF
Land Quality Section MKIR No Nam USGURCE4 DEC 2 7 fc
Department of Environment Health & Natural Resources
P.O. Box 27687
Raleigh, NC 27611
IAND QUALITY SECT104 j
Re Mining Permit Modifications
Existing Mining Permits (Hawks #23)-10, Moss-Neisler 923-03)
Dear Mr, Sample:
Franklin Industrial Minerals hereby applies fora modification to the above referenced mining permits. Our
request is for the combination of these two permits and the addition of a leased tract of land referenced as
"Archdale" into a the
single permit. Our intention is to simplify and update our mini permits while adding-- -
additional acreage. Enclosed please find the following:
I. A letter from 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 of S500.00.
3. The completed North Carolina Mining Permit Application.
4, The required maps prepared and sealed 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
modification request. Please do not hesitate to contact me directly if further information is required or if there
is anything that we can do to expedite approval of the modification.
Franklin jr:i a�1 inerals
Glenn c oskey. PE
General Manager
1469 S. Battleground Ave. • P.O. Box 729* Kings Mountain, NC 28086- Phone: [phone]• Fax: [phone]

LEDFORD ENGINEERING INCORPORATED
Consulting Engineers & Land Surveyors
56 Rovenscroft 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 plylill pF LAND RF,URCE3
Raleigh, N.C. 27611 LAND 00AId7Y .`, :1!:.IN
RECEIV � C
Re. Franklin Industrial Minerals. KMG Division, Kines Mountain, N.C. .BAN
1:'3 V.
Mining Permit Modification
Existing Mining Permits (Hawks:21-10). (\loss Neisler 23-03) OF Et6�,q:?>;,;;.,T
Cleveland County ' DF'P�Til & 36URCES
�ALIH M e KTItR'dl
Dear Mr. Sample,
This lever is to request a pemtit modification For Franklin Industrial Minerals. K\1G Division, to combine
the existing Moss Neisler Permit No.-2;-03 and the Hawks Permit No. 23-10 with the unpennimed
At prepery.
Enclosed you will find the following as required to process this application.
1. The mining permit modification processing fee S 500,00 parable to NCDEHN-R.
_. A letter from the penmittee. Franklin Industrial \linerals K\IG Division.
describing the modification request.
. . The North Carolina Mining Pennit 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 rou the blanket Reclamation bond of S 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.
kaee is c mplete and please do not hesitate to call if you hate anv questions or concerts•.
(ore.ineerin Inc.
cc: Mr, Glenn McCloskey, P.E,
file

NORTH CAROLINA MINING
PERMIT APPLICATION
OVIVrr OF Un
VI* QpJuiv ,.
RE •C E I V F.
JAN 3 15T
flFA16T1{m OFOWN E/YTOk7;Ni
State of North Carolina- . °"� �" `� RCQ.
Department of (Environment, Health
and Natural Resources
Division of Land Resources
Land Quality Section
R ECCiV IL-SJ ---
[0EG 2 7 9%
LAND
P.O. Box 27687
Raleigh, North Carolina 27611-7687
(919) 7334574
Revised 8/94

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH,
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 .
28085 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 mLsrepresentation of facts will be cause for
permit revocation.
***Signature Date 40
Print Name C GG a5
Title 4&,J6-4-� 1V,4Vg4 C�
* This will be the name that the mining permit will be issued to and the name that must be in-djmjrd on the
reclamatigp 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 MINING PERMIT
w NOTE AH of the foUowi.ag questions must be thoroughly answered with regards to your alining
operation for the intended fife of the u►iue. AU responses iling be cteurty conveyed on u corresponding,
detailed u-iue soap.
A. GENERAL CHARACTERISTICS OF THE MINE
Answer Afl of the following that apply:
1. a. If this is an application for a b}y 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 ap lication for RENMAL of a mining permit, indicate the minim permit number
and the total overall) acreage cove:rexl by the existing permit: Mining Permit No.:
Total permitted acreage (this is the acreage that the "renewal" fee: will be
based upon):
c. If this is an application for a MODIFICATION to a mining permit, indicate the minting permit
number and the total (overall) acreage covered by the existing permit: Mining Permit
No.: 2 3-0 3 rotal permitted acreage: 6 2 0
Does the modification involve acreage _w*LFljn the previously approved permitted boundary?
Yes No x . If yes, indicate the acreage to be covered by this modification (this is the
acreage that the "major modification" fee will be based upon):
Does the modification involve acreage outside the previously approved permitted boundary?
Yes " No If yes, indicate the additional acreage to be covered by this
modification-Z52 (NOTE: you must complete iU of Section F. of this application
form entitled Notification of Adjoining Landowners).
Of this acreage to be addend to the permit, will any ppoortion of this acreage be affected (disturbed,
fround cover removed) by the muung operation? Yeses No! (if no, a "minor modification"
ee of $50.00 is rewired, despite the 'undisturbed" acreage to be added). If yes, indicate the
acreage to be affrctc;d within the acreage to be added to the permit (the total acreage to be added
to the pernut is the acreage that the "major modification' fee will be based upo : 97
d. If this is an application for TRANSFER of a minting permit, indicate the mining permit number
and the total (overall) acreage covered by the existing permit: Mining Permit No.:
Total permitted acreage:
SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT
TO BE, PAID FOR T11E R QUESTED PERIND T ACT'ION(S) AND CORRESPONDING ACkEAGE
NOTED ABOVE
2. Indicate the approximate longitude and latitude, in degrees-minutes-seconds, of the center of the mine
site: LONGITUDE (dd-mm-ss): 35 Quadrangle: GrovQr
LATITUDE (dd-mm-ss): gL
3. Name of all materials mined: Mica , feldspar , clay, quartz
-2-

APPLICATION FOR A M24ING PERMIT
4. Mining method: Hydraulic Dredge Front-end Loader & Truck x Shovel & Truck x
Dragline & True Self-loading Scraper x Other (explain) aloe
5. a. Expected maximum depth of mine (feet) 200 Reference elevation: `J55+/-
b. Expected average depth of mine (feet) 200
6. HAs 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 reclaimed:
acres (identify all areas on your mine map(s)).
b. When and by whom was this activity conducted?
c. Acreage of previously affected land at resent site that has been reclaimed: acres
(identify all areas on your mine map(s)�.
d. When and by whom was this activity conducted?
e. Do you wish to exclude any areas noted in 6a or c from this permit application?
Yes No . If yes, how much? acres (identity all areas on your mine map(s)).
7. Present (pre-mining) use of the land (estimate acreage for each):
Cropland acres Pasture 167 acres Forestry acres Fish/Wildlife acres
Recreation acres Other 25 acres (Specify use: woodland
S. Propose 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: 1
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-

APPLICATION FOR A MINING PERMIT
2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged
topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on
the maps along with their corresponding (approximate) acreage. As a reminder, training permits
can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote
those activities that are intended to be conducted during the life of the mining permit. All maps
must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the
follpwing, at a minimum:
a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located
including easements and rights-of-way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.d.Outline and width of all buffer zones (both
undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
f. Outline and acreage of all stockpile areas.
Outline and acreage of'all temporary and/or permanent overburden disposal areas.
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 exisung on-site buildings.
m. Location and dimensions of all proposed sediment and erosion control measures.
n. Location of 100 year flood lain limits and wetland boundaries.
o. Names of owners of retard. 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 prepare and revised
8. Name and tide of person preparing map
Map scales must, at a minimum, meet the following guidelines:
PERMITTED ACREAGE MAP SCALE
0-99 Acres 1 inch = 50 feet
100-499 Acres 1 inch = 100 fret
500+ Acres 1 inch = 200 feet
-4-

APPLICATION FOR A MINING PERMIT
A table/chart must be provided on the mine map that clearly lists the approximate acreage of
tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other
major aspect of the miring operation that 1s proposed to be affected/disturbed during the life of the mining
permit. A table/chart sinular 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 AISO IN ANY SITE-
SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING
QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED
QUESTIONS/STATFAl E:NTS THROUGHOUT THE FORM). THIS- APPLICATION WILL NOT
BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY
ADDRESSED ON THE MINE MAPS.
-S.

APPLICATION FOR A M gING 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 m fresh or waste water from the mine or cant?
Yes X No . 1f yes, briefy describe the 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)? Yeses No . If yes,
what impact, if any, will mine dewaterin have on neighboring wells? Locate all existing wells
on the mine map(s) that lie within SOiO�et of the proposed excavation area. Provide data to
support any conclusions or statements made. Indicate whether the proposed mine locale is
served by a public water system or private wells.
All wells are located beyond 500 ft . of the proposed excavation .
d. If the mine will extend below the water table, what is the pre-mining depth (in feet) to the
seasonal high and low ground water tables? High ft. Low ft. What is the source
of this information?
At the - time drilling was conducted onsite in 1996
'Ehe 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 Section.
Will be performing under existing permits .

APPLICATION FOR A MW*,ONG PFRNUT
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 Environmental .Management, 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 specific plans for sediment and erosion
control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detaiied
sequence of installation and schedule for maintenance of the measures. Locate and label all sediment
and erosion control measures on the mine map(s) and provide typical cross-sections/construction
details of each measure. Engineering designs and calculations shall be required when needed to
justify the adequacy of any proposed measures.
Refer to Item 3 above and the mine erosion control and reclamation .
-7-

APPLICATION FOR A M VING PERMIT
5. a. How wide a buffer will be maintained between any mining activity and any adjoining permit
boundary or right-of-way► Buffers must be located within the permit boundaries. Buffers along
permit boundaries must tom, at a minimum, unexc waled buffers. Show all buffer locations an,.l
widths on the urine nwtp(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 natured watercourses and wetlands? Buffers along natural watercourses and
wetlands must be tom► disturbed. Show all buffer locations and widths on the mint map(s).
Not applicable
b. 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 fill 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 pphysical hazard to any neighboring
dwelling; house, public road, public, commercial or industrial building from any mine
excivauon. Locate al/ such structures on the mine map if they are within 300 fret of any
proposed e_reavation.
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.
-S-
V

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 derail/cross-
section and location of each type of barricade to be used must be indicated on the mine 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 map(s)for all,fill slopes (berms, wastepiles, overburden
disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any
benches and/or slope drains (with supporting design informarion) if needed, and the method of
final stabilization.
See plan .
e. In excavations) of unconsolidated (non-rock) materials, spec the an le of all cut slopes
including specifications for benching and sloping. Cross-sections for all cut slopes must be
provided on the mine map(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 maximum depth of the excavation.
Not applicable .
7. Are acid producing minerals or soils present? Yes Now_. How will acid water pollution
from the excavation, stockpiles and waste areas be controlled?
-9-

APPLICATION FOR A M aNG PERMIT
8. Describe specific plans (including a schedule of implementation) for screening the operation from
public view such as maintaining or plantin r trees, bushes or other vegetation, build in berms or other
measures. Slww the location of all visuayscreening on the mine nuip(s) and proviye 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. Wi1l 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 neighboring roperry fro
11ying rocks or excessi m
ve air blasts or ground vibrations. Locute the nearest o�'ite occupied
stn4cture(s) to the proposed excavation(s) on the mine snap and indicate its approximate 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 tams, 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 locations) 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_X___. If yes, describe in detail what these wastes are and how they will be disposed.
Attach a separate site maps) showing the location(s) of the disposal area(s). Include all
specifications for erosion and sediment control.
-�a

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 be illustrated
on a reclamation map and must correspond directty with the information 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 bcxty(s) of water on the reclamation
rnap and provide a scaled cross-sections) through the proposed body(s) of water. The minimum
average water depth must be at least 4 feet unless information is provided to indicate that a more
shallow water body will be productive and beneficial at this site. Will the body(s) of water be
stocked with fish? Yes No X . If yes, specify species.
Refer to note in item i 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
map.
Refer to note in item 1 above .
. -1 i-

APPLICATION FOR A MINING PERMIT
3. Describe provisions for safety to persons and to ad,'oining property in all completed excavations in
rock including what kind of permanent barricade will be left. Construction details attd locations of
all permun.ew 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 arcds, including specifications for benching and sloping. Final cross-sections and locations
for such arras micst be provided on the recla nation map.
See plan and refer to item 1 above .
5. a. Describe reclamation of processing facilities, stock--pile areas, and on-site roadways.
See plan .
b. Will any on-site roadways be left as part of the reclamation? Yes No X Jf yes,
ideruify such roadways on the reclamation map and provide details on permanent ditch line
stabi Ili;anon.
-12-

APPLICATION FOR A M1NING 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, ink machinerryy, cables,
or other such waste products of mining. (Note definition of refuse to The =ug Act of 1971). No
off-'site Eenernted waste shall be disposed of on the mine site without prior written approval
from the NC Department of Environment,Health, and Natural Resources, Land Quality Section
niter either the Division of Solid Waste Management (DSWM) or local governing body. If a
disposal 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 areas must be clearly delineated
on the mine map(s) and reclaamation map, along with a list of items to be 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 information, including typical
cross-sections, of any permanent channels to be constructed as part of the reclamation plan. Indicate
the location(s) of all permanent channels on the reclamation map.
Not applicable .
9. Provide a schedule of reclamation that indicates the sequence of reclamation and approximate time
frame. if reclamation is to be accomplished concurrently with mining, then clearly indicate on the
mine map(s) and reclamation map each segment that is to be mined and reclaimed during each year
of. the permit. Add drawings showing typical cross-sections and final features of the proposed
reclamation.
See plan .
-13-
I

APPLICATION FOR A MIlYING 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 seal, fertilizer, lime and mulch per acre. The recommendations must include gener0 seeding
instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation
utilizing only tree plantings is not acceptable. NOTE: 'I't1e Revegetation Plan must be approved
ilk signed by our 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,
Health, and Natural Resources;
c. Authorized county representatives of the North Carolina Cooperative Extension Service,
specialists and research faculty with the Colleges of Agriculrure and Life Sciences and Forest
Resources at North Carolina Stale University;
d. North Carolina licensed landscape architects;
e. Private consulting foresters referred by the Division of Forest Resources, Department of
Environment, He:dth,' and Natural Resources;
f. Others as may be approved by the Department.
LME - RATE OF APPLICATION (tons/acre):
FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre):
SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROLWD 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 ar:d renewed May 1, 1991 and
transfered October 28, 1994. See attachment.
Revegetation and/or reforestation plan approved by:
Signature Date
Print Name
Title
Agency
-14-

APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation worksheet is to be cared to establish an appropriate bout (based upon a
range of$5017 to $5,000 per affected acre)for each permitted mine site bwed upon the acreage approved
by the Department to be affected during the life of the mining permit.
Please insert the nnnrozimme nrreogp,.for each amen of the minion npprmion. thm you intend to ntlrct
h rr rrr ' r n r ' r u
each cmevory Irani the .Scher f Costs provided wir dus unplicatiun fbrml:
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE COST
Tailings/Sediment Ponds Ac. X $ /Ac. _ $
Stockpiles 3 Ac. X $ 1800 /Ac. _ $ 5 , 4nO
Wastepiles 33 . 9 Ac. X $ 2000 /Ac. _ $ 67 , 800
Processing Area/Haul Roads 0 . 1 Ac. X $ 2000 /Ac. = e 200
Mine Excavation 60 Ac. X $ 500 /Ac. S. 30 , ono
Other Ac. X $ /Ac. _ $
TOTAL ACREAGE: 97 Ac. SUBTOTAL COST: $ 103 . 40o
Additional Reclamation Cost Factors:
a. Inflation: O for permit life of I to 5 years:
SUBTOTAL COST X 0. 10 = $ 100340
for permit life of 6 to 10 years: 25 , 8 50
SUBTOTAL COST X 0.25 = $
b. Mobilization: SUBTOTAL COST X 0.40 = $ 41 , 360
c. Administration: SUBTOTAL COST X 0.20 = $ 20 , 680
a + b + c = $ 98 , 230 + SUBTOTAL COST = $ 201 , 630
TOTAL RBCLAKhTION BOND COST: _ $ 201 , 630
(round doer to the nearest $30o. 00l
-15-

APPLICATION FOR A MINING PERMIT
F. NOTIFICATION OF ADJOINING LANDOWNERS
The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered
mail to 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.
p
A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed
"Notice" form (the proposed overall pernut boundaries and the names and locations of all owners
of record of land adjoining said boundaries must be clearly denoted on the tax map).
The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to
the Department, with the remainder of the completed application form, before the application will be
considered complete.
NOTE. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW
MINING PERMIT'S AND FOR PERMIT MODIFICATIONS THAT ADD ADJACENT
LAND TO A MINING PERMIT.
�+ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF
NOTIFICATION"
-16-

Kings Mountain Community P.O. Box 11008 Raleigh NC 27604
Alweda R. Cobb 240 Sugar Creek Rd. West Charlotte NC 28213
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& Ethel Wall 222 Jim Patterson Rd. Kings Mountain NC 28086
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 28086

NOTICE
Pursuant to provisions C.S. 74-50 orne Minim AN of 1971, Notice is hcrcby given that
Franklin Industrial Minerals KMG Division has applied on l 1 Z11 /gb _
(Applicant N:uttc) (D:etc)
to the Land QLLUry Src6on. Division of Land Rtsourccs, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687. Raleigh, North Carolina 27611, for (check one):
(a) a new surface minim permit
(b) a mnc1i6r:itin2 to add a,J acent land to an cxisdng surf=c minim permit ED
The applicant proposes to mine mica -- on 07 _ acres located
(hliner.IJ, Ore) (Number)
2 . 5 Southwest_ _ pf Kinqs Mountain , Nq _
(Nca ram Town)
oft%nc:lt road US 20 uy Cleveland
(Roaad Numbs- /N:une) (N:unc of County)
•Su ATT4',CflM. MAP FOR PROPOSM- PERNOT BOUNDMUMn; AND CORRESPONDING
ADJOLNINC L,�,NDOWNDR N&NWS ANl) LOCATIONS•
1n accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all
owners of record of land ud}oiuLaL (coatibuuus) to Lhc proposed mine site, (permit bouAdArics), and to nutify
e1Yc C1► C1':Ldrnini.-"dve uff�r:cr o1,171c county or munivip:r.lity in which the tiltr is fora:". Any person ni:► fiiie
wrili�rY r:[rIIYIIICrI!(a) to the Dcpartm4nt al U10 at►ove :daicss within t%si [y (3U) "Y; of 01C issuylec of trus Mac,
ur t)Ye fiLng of did application for a permh. wluchlever is later. Should e1Yc Drp:Jl'tfncni (lctcrrrLiru: tll:,t :,
�i1;lYit;C:11Yt t�ulYlic i,Ytcrl'.St exisla rcl:tdvc to G.S, ,74-51, 3public hcarirl� will Gc held widlin 60 clays ur' the enu
ul ttrc 30-d:4y comrncitt period speelficd above.
A copy of the permit application materials are on file and available for public review Burin,s� normal
busincss hours at the a tc above lisa address as well as at the appropriate regional oil-icc. For further if%rrlYati0A
::,1.1 (919) 733-4S74. .-noir th;11 Ihr Tlen:lr'rn1,J1t Will cf) ic
�rlfl • 1t„+ !�n!'�f�r'11C1[F�1tl4y�,(�Lff1_Lt1C' j�fUY111f�J1ti OI 11��t�+tlfl�ll�! 1�C1 Ot t`)7� lifi � 'lr111 lhl�l'at�.1n Yi'yi • ./
tJ til 1 '1 fi(vo rlrr'iiinn i ' Rude. oil Ihr ' rli aitlOtl.
Cleveland County
P.O. Box 1210
helb 8 15
11/11/96
i-)—" ; of lssu:u" of Ul ;S NUaCe. )Vl ulcd to Addressu)
Franklin industrial Minerals KMC Division
(N:,une of Applicuu)
P.O. BOX-720 , Kings Mountain , NC 28086
(Addicss of Applic:uYt) _
-17-

APPLICATION FOR A MINING PERMIT
AFFIDAVIT OF NOTIFICATION
I an applicant, or an agent, or employee of an appBcant,
fora new Mbung Permit, or a modification of an existing Mining Permit that adds adjacent land to the Mining
Penn it, from the N.C. Department of Environment, Health, and Natural Resources, being first duly sworn,
do hereby attest that the following are known owners of record, both private and public, of the land adjoining
the proposed mining permit boundaries and that notice of the pending application has been caused to be mailed,
by certified or registered mail, to said owners of record at their addresses shown below, such notice being
given on a form provided by the Department:
(Adjoining Landowner Name) (Address)
( see attached list )
(Attach additional list if necessary)
I do also attest that the following individual is the chief administrative officer of the county or
municipality in which the proposed mining site is located and that notice of the pending application has been
caused to be mailed, by certified or registered mail, to said office at the following address:
(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.
5B .0004(d). I understand that it is the responsibility of the applicant to retain 0te receipts of mailing showing
that the above notices were caused to be mailed and to provide them to the Department,upon request.
ate Signa re of Applicant
If person executing Affidavit is an agent or employee of an appCfit, provide the following
information: (Name of applicant) 11)iu'iYk KAV� N' i• Ira. ; (tide of person
executing �Affidavit)
I, 1 YI� Z I �]. 1'I ell , a Notary Public of the County of
r
State of North Carolina, do hereby certify that
personally appeared before me this day and under oath acknowledged that the above Affidavit was
made by him/her.
Witness-my hand and notarial seal, this �aay of M'' I .iC, , 191L
Notary
My Commission expires: '

APPLICATION FOR A NUNING PERNUT
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our
lands or operation during regular business hours for the purpose of making necessary field inspections or
investigations as may be reasonably required in the administration of the Mining Act of 1971.
We further grant to the Department or its appointed representatives the right to make whatever entries
on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in
order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is
ordered pursuant to G.S. 74-59.
LANDOWNER: APPLICANT
Signature See Attached "Memorandum of Lease" Signature �
File Date: January 29, 1992
Hook 1107 Page 1719 Cleveland Count
Print Name: print Name: � G. R. Aicclos ey _
Address Title: General Manager
Company: Franklin Industrial Minerals,
p
KMG Division
Telephone Mine Name: Archdale
*Signature must be the same as the individual who signed Page 1 of this application.
four (4) copies of the completed-application. four (4) copies of all m�,g m>}r�s and reclamation map& and
the appropriate processing fig: (see next page for fee schedule) in the form a check or money order
payable to the North Carolitui Department of Environment, Health, and Natural Resources must be sent
to the tend QuitIity Section_Cerltral Office at the address listed on the front cover of this application
form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff
at [phone].
-19-

MINING
•A nonrefundable permit application processing fee is required when filing for a new mining
permits a major permit modification or a renewal permit as follows:
TYPE ACREE•• MEN PERMIT MASOR RZMENAL
MODIFICATION
Clay L 1 but lase than 25 $500 $250 $250
25 but lees than 50 1000 Soo Soo
50 or more 1500 500 Soo
Sand 6 1 but less than 5 150 100 100
Gravels
Gemstones and 5 but lees than 25 250 100 100
Borrow Pits
25 but leas than 50 500 250 Soo
50 or more 1000 Soo 500
Quarry, 1 but lase than 10 250 100 100
Industrial
Minerals, 10 but lase than 25 1000 250 Soo
Dimension
Stone 25 but lees than 50 1500 500 500
50 or more 2500 500 Soo
peat S 1 or more 2500 500 500
Phosphate
Gold (Heap
Leach) , 1 or more 2500 Soo 500
Titanium 4
Others
•A msnmm.aa I50.00 pemde ppa aa0o prseaeuw he u ri for mimrpemtil modifies uos. Munrpa mut m0difiteaow ioclWS ows Mp uwafen,wor
waNea, brad ubaiwaow and perme wala ahem the mac in
active end fully wilved ab . A mistmi penl motif• a elan mtludea anwa addad to a pcnasud
muide of me m mm iniu Krnsil bu Rer>os nquire,Rw, when s paw for mina Maud dieumawe ores: addsd aaae have bun appmvee. All caber
ebaryse an esrsdand Minor modifiuuuw.
"ALMS for s. pemuu AN mruw&I permia menu be mul •:cure a We niu. Arne for maim 1150difiwtiod ofN=u mans mas ens of L enecud by me
au14feu600 within me pemincd Ms am , or any additional I,M the is w be dieu`bed And addW w As rearing pemiwd ana, or bah.
LGa
-20-

LAS, D UALITY SECTION HEADQUARTERS
Francis M. Nevib,or., P.E. Jame$ D. Simons. P.G., F.E.- CTuf Engineer William (Fab))Vinson-Sedlncm Edozstion Courier-52411
Section CTiof 5,Cnig Dul.P.E. -Sun Sedimem Specialist Speeubg - (919)7334574
512 N.Saliabury Sueet David H.Ward -A idam Stan SedimeN Specialie FAX [phone]
P.O.Me 27617 Tracy E.past, P.E.- Suu MiagB Specialia Swrdarks _
Raleigh, NC 27611 Judy Wel ner- Aaimnt Son Mining Specialist
Tony L.Sample - Anieunl Sant Mining Specialist Rnumu Evans- lea!Sec,eury
Lmcs K. Leumaa, P.E. -State pm Safety Enkncar Suphwt Ian -Seduew A Duns
lack H- PJmq E.I T- Asia. Stan Dam Safely Eag. Swan Fdwsrds- Mining
LAND QUALITY SECTION REGIONAL OMCES
ASHEVR,LE MOORF_SNTUY MLNS DN-SALEM RALEIGH
RICHARD PHB165, P.E. JERRY CORK DOUG MILLER, P.E. JOHN HOLLEY.F.E.
Imrc6ange Bldg. 919 No, Main Street 595 Waughtowo Street 38M Barren Drive
59 Wnod6n Rau Moaeovdit, NC 29115 W i,womAlcm, NC 27107 P.O. Due 27687
Adeville, NC 29101 Raleigh, NC 27611
COURIER -W.J341
COURJER-M-71.16 COIHL61it- 13-2"8 (910)T Ia600 NMEROFFICE
(701)H I6208 . (52) pop R3-16W -(M) FAX [phone]c,631 [phone]-(55)
FAX/(7112 251H52 FAX I(7N)M3d010 FAX I(919)5714718
Ala,na,ce Allegbany Aahe
Aviary Bmewnbe Rocket Maunder uncol9 Caswell Dsvidaon Davie Chalons N,Aum Fdge<ombe
l Caldwell Cl,ewkM Clay Csbamrs MeeMenbury Fmsyth Guilford Raekiryham Franklin Granville Halifax
Gra6un Ihyumd Hemcnean C acwta Rowan Ra,dolph AOku SUM lohnabn Ise Nash
r� Jackson Maco9 Modism Ckvehad sandy Wanuya Wilkes Yadkin NoMaupwn Onrye Ptraan
McDnasll Mitche0 Peak Golan Union - Varce Wake
KUNerford Swim Tnvylvanie Scaled Wanen Wlana
Ysacey
FAYEFSE%MIw IAM.WUNGTON WASHINGTON
JOE Ck-ii P.E. 0" SAMS, P.E. FLOYD WTLLUMS, P.G.
Wschovia Bldg. 127 Cardinal Drive, Ea. 1424 Carolina Avenue
Sup¢ 714 W Jmingwn, NC 28105394E Wad.ingnn, NC 27889
Fryeucviug NC U301
COVJt - 16-0 1
00IJR6R- 11-S11.29 MI)RIMJk- N-1633 (919)946La11 (56)
[phone] (53) (91D)395-39M(57) FAX I [phone]
FAX I N 10)48 07 FAX [phone]D1
_ Buufml &Bpe Ctmden C caa an
Aeon Monagmtery &WAnd Brunswick New Harover Craven Nnimic Dan Gans
Blades Macau Cameral Onalaw Oreene Henfo,d Hyde lore$
CI,M.eriaM Richmond Columbus Feder UeeAr Msnin Pamlico Paqudank
Hansen Ral,csoo Paplin Parawnum Pin Tyrrell
Hula: Sanpwn WUMnjon Wayne
REVLS£D INS

SCHEDULE OF_R ION_COSTS
(based upon mr ce of goo - 15,0W affected acne)
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 = Pyrophyliite,
OL = Olivine, KY W Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = CIay/Shale, PPE = Peat,
AU = Gold, TI = Titanium, and OT = Others
Tailings/ Processing Mine
T-YM Sediment PQnds Stockpiles Wastegiles Area/HattLB98 Excavations
SG, GS, $ 500 (L)/acre $ 1800/acre $ 2000/acre $ 1800/acre $ 500 (L)/acre
Borrow 1500 (FI) 2000 (PD)
CS, DS, 500 (L) 1800 2000 2000 500 (L)
FS, M1, 1500 (FI) 2500 (PD)
LI, 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 (Fl) 5000 (PD)
(L) = reclamation to a lake and revegetating sideslopes
(FI) = reclamation by filling in and revegetating
(PD) = reclamation by grading for positive drainage and
revegetating
AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINM BY
THE BOND CALCULATION WORKSHEET PROVIDED IN THE MINING PERMIT APPLICATION
FORM, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THWD-PARTY
CONTRACTOR. SAID ESTIMATE MUST BE ATTACHED TO THE APPLICATION ONCE IT HAS
BEEN COMPLETED. YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE 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 letter 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 unreclaimed must not exceed the bonded amount.
5/94
-22-

Page 7 of 8
APFROVED RECLAIMIION 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
I . 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 . Revecetation Plan :
After site preparation, all disturbed land areas shall be
revegetated as recommended by Mr. Dave Leatherwood 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 , 19911 is hereby transferred in its
entirety to Franklin Industries , Inc . this 28th day of
October, 1994 pursuant to 'G..S.�74-51 .
By : b '� N � ;:; ~C-
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment, Health and Natural Resources

U008DRIG FM f ��
BOOM iip']PAGE 1']].9
9/J CLEV. CO„ NC
FILED
IM JAN 29 PA 2 15
STATE OF NORTH CAROLINA DORIS G. ERR77RS
� p,) REGISTER C)t G��._ns
COUNTY OF
MEMORANDUM OF LEASE /
THIS MEMORANDUM OF LEASE, made and entered into this
day of _0{2 _, 1991 , by and between NEISLER BROTHERS, INC .
of the County of Cleveland, State of North Carolina,
(hereinafter referred to as "Lessor") andtG MfNERALS, INC. , of
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 kL1 day of F-lw , 1901 , 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
. I -

BOON JJ07 PAGE V20
twenty- five (25) years beginning on the tL�5 day of 1991 ,
with the right of first refusal in Lessee to purchase the land
described by EXHISIT 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 .
SFA
fro ` c� _
By .
KMG MINERALS, INC .
?y'`���''rrnwr ` T• ' •
BY
Ad,
M tt ew rro J ��..
t ry CEO and Preslden ./
7— iSTATE OF NORTH CAROLINA
'. .COUNTY OF Cleveland
kgrY 1•i•-.Ai t.
This loch day of October 1991 personally came
before me MATTHEW A. FERRO, SR . , who being by me duly sworn says
that he is the president of KMG MINERALS, INC. and that said
-2-

., BOOM JJ07 FACE 1721
writing was signed by him in behalf of said corporation by its
authority duly given . And the said MATTHEW A. FERRO, JR .
acknowledged the said writing to be the act and deed of said
corporation .
[SEAL] Notary Public
My commission expires ; /�
l Filed for regisMoclo ong _da> a1�AD.,
!� 19QaMoZ.�IS e'elxkfM. and ngis ered rn the
office of Register of Deeds, Cleveland County, NC
in Book ]/ or? Page 17/9
STATE OF f
COUNTY OF ( JeVf r(Y L(Y Register of Deeds �I Depdy
Be it remembered that on the 1L day ofA VP�f 19 C1,
before me the subscribed, a notary public of the State of
&6t' h el f011Nrj, personally appeared L , F , Alrt5hc, 771
whom I am satisfied /� the person (s) named in and who executed
the within instrument and thereupon h a acknowledged that
_hr_signed, sealed, and delivered the same as h1S act and
deed for the uses and purposes therein expressed. _
[SEAL]
NoJr4.L1tar•Ky_ . P�1uhlir,-
My commission expires :
iC
413 Commission Expires May 18, 193
- 3 -

ate of North Carolina
Department of Environment,
Health and Natural Resources •
Mooresville Regional Office
James B. Hunt, Jr.. Governor
Jonathan B. Howes, Secretary p E H N F?
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
January 10 , 1997
Franklin Industries, Inc.
Post Office Box 729
Kings Mountain, North Carolina 28086
RE: Hawks Mine
Cleveland County, N. C.
Dear Sirs:
Attached is a copy of our report documenting an inspection
recently conducted at a mine site for which our records show you
to be responsible. The inspection was performed under the
provisions of North Carolina General Statute 74-56 of the Mining
Act of 1971 .
Please review the report carefully and note any problems or
deficiencies documented by the inspector. Furthermore, please
note any recommendations and/or specific corrective actions
required to correct any deficiencies that may be listed.
The responsibility for understanding and complying with the
terms and conditions of your mining permit and the Act lies with
you.
Please do not hesitate to contact this office if you have
any questions concerning the attached report.
Your cooperation is appreciated.
Sincerely,
G. oug
Regional Engineer
Attachment
cc: Tracy Davis, PE - Mining Specialist
GDM/1{aj North Main Street. OW�Tw ;6 FAX [phone]
Mooresville,North Carollnc 28115 r v An Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 !7 50% recycled/10%post-consumer paper

North Carofna Department of Environment, Health, and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERM7TED PANE)
1. MINE NAME �kAWtS 5 M i NE 2. MINING PERMIT# 23 —to
3. OPERATOR t I N i E c _ 4. COUNTY C�cyc 1Aivd
5. ADDRESS_ P, Q._aa� 7Zq }CiNGs MTZ)Ak z180 . PERMIT EXPIRATION DATE :a1l2oul
7. Person(s) contacted at sitest_K-�_ ,, tp, Spree
8. Was mine operating at time of inspection? ®Yes T❑No 9. Pictures? ❑Yes fQ No
10. Date last inspected: 11. Any mining since last inspection? X Yes ❑ No
12. Is the mine in compliance with the Operating Conditions of the Permit? M Yes ❑No
If no, explain:
13. Is the mine in compliance with the Reclamation Conditions of the Permit? Yes ❑No
If no, explain:
14. Did any of the above deficiencies result in oftsite damage? ❑Yes [4 No If yes, describe the type
and severity of the damage:
15. Corrective measures needed and/or taken: _ �^
16. Other recommendations and comments: Mo-sr ,neea _brsEvef �.
17. Is the Annual Reclamation Report +1- map accurate? El Yes JONo (Explain) RNot Reviewed
18. Follow-up inspection needed? ❑Yes to No Proposed date I I
19. No. of additional pages of Inspection Report—. 20. Copy of Report sent to operator 1 I old
(date)
INSPECTED BY:� m Joy 2 DATE�_I�_/
Phone No: ( p ) �1 9
White copy to file Yellow copy to operator Pink copy to Mining Specialist
sus i

DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
MOORESVILLE REGIONAL OFFICE
JANUARY 17 , 1997
M E M O R A N D U M
TO: TONY SAMPLE
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

MINE SITE REVIEW FORM
/ DEM COMMENTS
Project: �(na w ,M l(c J n� ounty: L"tom cl2 .G
Due:
Water Ouality Issues:
1. Watershed/Stream Name and Classification:
2 . Permits: YES �7Q
NPDES Permit Required
NPDES Permit Existing
Nondischarge Permit Required
Nondischarge Permit Existing _
NOV Issued
Civil Penalty Assessed/Injunction
Requested _
.r/Suy/-rc rc.�i /wrrORMg I/J+J 7a �.(n✓.JG Arc-�vnr _
3 . Wetlands: coaA+c••ir .
C) A/EED A IOPO MAP /✓�,(A ",16 %fIt �b/�T(5) of a'Sc HAQ6ctS�
Wetlands Disturbed
401 Certification Required _
® &wjcQ p)EE3>S 7b 37CS1nmATG H'£70J�% • 'g
Air Quality Issues :
Air Permit Required
Air Permit Existing _
NOV Issued
Civil Penalty Assessed/Injunction
Requested
Groundwater Issues: See bola oF' ge / � �•-�5
C,P r ;4_47
Well Permit Required _
Well Permit Existing
Groundwater Contamination Problem
NOV Issued _
Civil Penalty Assessed/Injunction
Requested
Comments:
I Signed Date

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N.C. Department or En%ironment, Health. and Natural Resources JAIN S A
Di% ision of Land Resources, Land Qualit% Section
Telephone Log
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01/23/97 15:20 JOHN BARKER REALTY 9197158801 NU.214 002
Industrial Real Esrate
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,
John T. BarkEr, Sr., SIOR
` esident
JTB, Sr./Id
CC: Lane Alexander
Steve Nye
Scott Neisler
Pioneer Motor Bearing
ABB Combustion Engineering

\
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6-Eze�c��G r
f
State f North Carolina I_ _
Department of Environment, Health, and Natural Resources -
. ,L (� Division of Land Resources ;
4
FEL 9C )"7 A N N U A L R E C L A M A T I O N E P R T
1"-North CarpIdM141Ieneral Statutes 74-55 and the Mining -ns requ r
t s"^TNe 'mine operator shall, by February 1 of each year P'i7fg�t[7Q�Tife�
permitted operation, and within 30 days of completion or termination of
mining on an area under permit, file with the Department a mining reclamation
report on a form Prescribed by the Department. "
PLEASE PRINT OR TYPE
Name of Mine HOBS-Neisler County Cleveland Mining Permit Number 23-03
Mining Permit Expiration Date May 16 , 2004
Name of Company/Owner on Permit Document Franklin Ind I.c Cr i al II no r als
Official Mailing Address P . 0. Box 729 , Kings Mountain NCZiP Code 28086
Telephone ( 704 ) 739-3616 Check if change of address or telephone _
1. (a) If mine is now inactive, when did mining stop? Date
(b) Is this stoppage permanent? Yes No.
2. List by category the total amount of new land affected by mining
activities in the 1996 calendar year and locate each area on your
updated mine map .
(A) TAILINGS PONDS: 0 acres. (D) MINE EXCAVATION : 2 acres.
(B) WASTE PILES: 0 acres. (E) PLANT AREA: 0 acres .
(C) STOCKPILES: 0 acres.
Check here if no new acreage affected in 1996 .
3 . Estimate by category the amount of new acreage to be affected by mining
activities in the 1997 calendar year and locate each area on your
updated mine map. New acreage will be the Archdale tract.
(A) TAILINGS PONDS: 0 acres. (D) MINE EXCAVATION : 10 acres.
(B) WASTE PILES: 5 acres . (E) PLANT AREA: 0 acres.
(C) STOCKPILES: 5 acres.
Check here if no new acreage is to be affected in 1997 .
•4 . List by category the total amount of disturbed and unreclaimed land
present at this site at the end of the 1996 calendar year .
(A) TAILINGS PONDS: 98 acres . (D) MINE EXCAVATION: 42 acres.
(B) WASTE PILES: 26 acres . (E) PLANT AREA: 53 acres.
(C) STOCKPILES : 26 acres.
(CONTINUE ON REVERSE SIDE)
NOTE: WASTEPILES should include overburden storage/disposal areas and berms .

5. List by category the amount of land that has been completely reclaimed
in 1996 and is not subject to continued use in future mining related
activities. Briefly describe the reclamation work conducted and
indicate if you wish to have any of these areas released from your
current bonding requirements. Accurately locate the outline of all such
areas on your updated mine map.
(A) TAILING PONDS: acres. Explain:
Release Requested: Yes No
(B) WASTE PILES: acres. Explain:
Release Requested: Yes No
(C) STOCKPILES: acres. Explain:
Release Requested: Yes No
(D) MINE EXCAVATION: acres. Explain:
Release Requested: Yes No
(E) PLANT AREA: acres. Explain:
Release Requested: Yes No
X Check here if no reclamation completed in 1996 .
Person responsible for reclamation (please print) : Glenn R. McCloskey, I)],-
Signature of company officer or owner: Ltr
Title: General Manage-,)
Date: IG`f/17 .. ,.
*Complete and return by February 1 two copies of this form along with two
copies of an updated mine map for each permitted mining operation to:
Land Quality Section
DEHNR
P. O. Box 27687
Raleigh, NC 27611-7687
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 .
2,000 copies of this public documenl were printed at a coat of$54.80 or$.03 per copy. 12/96
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES-LAND QUALITY SECTION

State of North Carolina
Department of Environment,
Health and Natural Resources / •
Division of Land Resources
James B. Hunt. Jr., Governor p E H N R
Jonathan B. Hawes, Secretary
Charles H. Gardner, P.G., P.E.
Director and State Geologist
March 10, 1997
I rU
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 li , 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]
FAY: [phone] FAA:733-2876 FAX: [phone]
P.O. Box 27687.Raleigh.North Carolina 27611-7687 Telephone 919,733-3833 FAX [phone]
An Equal Opportundy Arfirmalive Action Employer 50%recycled/ 10%post-conwmerpaper

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

,r 14
D E PARTMENT O F ENV=RONMENT
RESOURCES
D 2 V 2 S=ON O F LAND RESOURCE S
LAND QUAL=T Y S E CT=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 I97I , " 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.
This permit is not transferable by the permittee with the
following exception: If another operator succeeds to the
interest of the permittee in the permitted mining operation, by
virtue of a sale , lease , assignment or otherwise , the Department
may release the permittee from the duties imposed upon him by the
conditions of his permit and by the Mining Act with reference to
the permitted operation, and transfer the permit to the successor
operator, provided that both operators have complied with the
requirements of the Mining Act and that the successor operator
agrees to assume the duties of the permittee with reference to
reclamation of the affected land and posts a suitable bond or
other security.
In the event that the Department determines that the permittee or
permittee's successor is not complying with the Reclamation Plan
or other terms and conditions of this permit, or is failing to
achieve the purposes and requirements of the Mining Act, the
Department may give the operator written notice of its intent to
modify , revoke or suspend the permit , or its intent to modify the
Reclamation Plan as incorporated in the permit. The operator
shall have right to a hearing at a designated time and place on
any proposed modification, revocation or suspension by the
Department. Alternatively and in addition to the above, the
Department may institute other enforcement procedures authorized
by law.
Definitions
Wherever used or referred to in this permit, unless the context
clearly indicates otherwise, terms shall have the same meaning as
supplied by the Mining Act, N.C.G. S. 74-49 .
Modifications
June_ _12 , 1979 : This permit has been modified to include an
additional 465 acres identified as the Neisler and U.S. Gypsum
Corporation Tracts .
September 20 1981 : This permit has been renewed and transferred
from Kings Mountain Mica Company, Inc. to KMG Minerals, Inc.

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.
M_arch_ 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
Environmental Protection Agency and enforced by the
N.G. 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.
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 zone shall be
maintained on the Hawks Tract between any affected land
and any adjoining property line, waterway or wetland to
prevent off-site sedimentation.
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
indicated on the revised Moss-Neisler Mine Maps, Sheets
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
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
monitcred ..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 erosion.
7 . Surface Drainage
The affected land shall be graded so as to prevent
collection of pools of water that are, or likely to become,
noxious or foul . Necessary structures such as drainage
ditches or conduits shall be constructed or installed when
required to prevent such conditions .
I

Page 6 of 10
8 . Blasting
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.
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 .
C. visual screening on the Archdale Tract shall be
provided as indicated on the Archdale Mine Map last
revised February 11 , 1997 .
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 16 foot top width and minimum 2 horizontal 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 Department 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 -Repo
An Annual Reclamation Report shall be submitted on a form
supplied by the Department by February 1 of each year until
reclamation is completed and approved.
14 . Bonding
The security which was posted pursuant to N.C.G. S. 74-54 in
the form of a $500 , 000 . 00 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 to
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 I 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 I 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
collection 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.
I

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 : l)j"�" k �V,C1/,l.V,'VVl✓Vj✓ �71-
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment, Health and Natural Resources

DATE TO ASSISTANT c2— /"7—q7 DATE TO SUSAN
r�
LOGGED IN 'SL�
f' 1 MININ1 G CHECKLIST FOR ROUTING I /
Company i�'e�-�Yjr rx':�sf�i..B /ill AA .lProject Name /Y(t S+-//r%s�
Permit No. �7-rI--03 County G«--O� Date Received t-17 -17
Reviewer
Please make copies of check to include with Central Office and
Field Office files andl log
/in checks.
* ElNew ❑ Renewal LJ Modification ❑ Transfer ❑ Release
EAdditional Information ❑ Fee Needed
hfl:
❑ Fee Received: Amount
Please ro a to:
Field Office Date Routed
❑ Wildlife Resources Commission Date Routed
* ❑ Archives and History Date Routed
❑ Other: Date Routed
Suspense Date for Comments: 3-/7 -97 (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 INCORPORATED
Consulting Engineers & Land Surveyors
56 Rovenscroft Dr.
P.O. Box 2217
Asheville, NC 28802
[phone]
1-800-654-8691
February 13, 1997 .1 FAX [phone]
Mr. Tony Sample, C.P.G.S.C. :,�(
Lrl
Assistant State Mining Specialist J 7ErBl 71997 �,I 'I
Land Quality Section �I
P.O. Box 27687 Raleigh, NC NC 27611
Re: Moss-Neisler Permit Modification Request
Mining permit 21-03
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, 4 23-03, not for the Hawks Mine Permit, N 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:
I. A 101 undisturbed buffer has been added to the plans. This is additional to the
25' bulier that was already designed.
2. A double rosy ol'white pine trees planted with a staggered spacing has been added
to the eisual berm detail, Sheet 4 of 4 ollhe 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.

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 in the plans_
8. The rip-rap ditch detail on Sheet 4 has been modified to indicate undercutting so
that the stone is flush with the required grade.
9. Sediment basin 94 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 R approval prior to any blasting.
If you have any questions regarding this permit modification request, please call.
Since ly,
Dave Pasko
enclosures
cc: Glenn R. McCloskey (w/ene.)
KMO].pia;

Sediment and Erosion Control Calculations
for
KMG Minerals - Archdale Mine
for
Franklin Industrial Minerals
Kings Mountain, North Carolina
February 13, 1997 _
r9cc`
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 41-,, = .50 x 7 inlhr x 50.0 ac
= 173 cfs
Sediment Vol. = 1800 cflac 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
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
Sediment Pool Area Disturbed area = 34.0 Ac, Drainage Area = 34.0 Ac.
c=.50, 1=7inlhr 025 s .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.
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=7in/hr Q.5 = .50 x 7 in/hr x 13.0 ac
=45.5 cfs
,Sediment Vol. = 1800 cf/ac x 13,0 ac= 23,400 cf
23,400 cf 4 ft. = 5,850 sf
To maintain efficient trap collection we recommend the following:
Basin size = 54' x 108' x A' 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 #4
Sediment Pool Area Disturbed area = 30.0 Ac. Drainage Area = 34.5 Ac.
c=.50, 1=7in/hr Q25 = .50 x 7 in/hr x 34.5 ac
= 120 cfs
Sediment Vol. = 1800 cf/ac x 30.0 ac = 54,000 cf
54,000 cf+4 ft. = 13,500 sf
To maintain efficient trap collection we recommend the following:
Bain"size 85' x 170' 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 tap of the Dam shall act as the spillway.
Basin #5
Sediment Pool Area Disturbed area =21.0 Ac. Drainage Area =25.0 Ac.
c=.50, 1=7inlhr Q25- .50 x 7 inlhr x 25 ac
= 88 cfs
Sediment Vol. = 1800 cf/ac 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' deer
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 shalt act as the spillway.

Triangular Channel Analysis & Design
Open Channel - Uniform flow
Worksheet Name: Kmg-Reel
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 . 1.300 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' Ferimeter. 2 .93 ft
Critical Depth. . . 0 . 66 ft
Cv i 1 l ('41 I :; ! ()(ux. . . (1 . (}l(}4 t t./f t
f-'i i)t.idu Numbui- . . . . 2 . 38 ( J'Iuw lu A;uj)Lii cv1L1ca1 )
i , z A
c. A
6) C -7 ( ( z )
IFS-
Open .Channel Flow Module, Version 3 .41 ( c) 1991
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708

Triangular Channel Analysis & Design
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 Tb Width. . . 6 . 33 ft
Wetted erimeter. 6. 67 ft
Critical Depth. . . 1 . 62 ft
Critical Slope. . . 0. 0151 ft/ft
.Froude Number. . . . 2 . 93 ( flow is Supercritical )
Q 4-C - 3 c �
Open Channel Flow_ Module, Version 3. 41 (c) 1991
Haestad Methods.. Inc. * 37 Brookside Rd * Waterbury, Ct 06708

Triangular Channel Analysis & Design
Open Channel - Uniform flow
Worksheet Name: Kmg-Reel
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 )
C r ►4
3 , �o cFc
Open .Channel FloV Module, Version 3.41 ( c) 1991
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708

Triangular Channel Analysis & Design
Open Channel - Uniform flow
Worksheet Name: Kmg-Revl
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 )
�- so
Open Channel Flow Module, Version 3 .41 (c) 1991
Haestad Methods,, Inc: * 37 Brookside Rd * Waterbury, Ct 06708

Triangular Channel Analysis & Design
Open Channel - Uniform flow
Worksheet Name: Kmg-Revl
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
Flaw 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)
A =_ t, (c:� Ac—
Open Channel Flow- Module, Version 3. 41 (c) 1991
Haestad Methods,. Inc. * 37 Brookside Rd * Waterbury, Ct 06708

Triangular Channel Analysis & Design
Open Channel - Uniform flow
Worksheet Name: Kmg--Revl
Comment : Sed. Basin #3, Perm. Div. B
Solve For Depth
Given Input Data:
.eft 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)
A.
7, 7c cFC
Open Channel Flow Module, Version 3. 41 (c) 1991
Kaestad Methods., Inc. * 37 Brookside Rd * Waterbury, Ct 06708

Triangular Channel Analysis & Design
Open Channel - Uniform flow
Worksheet Name: Kmg-Revl
Comment: Sed . Basin #4 , 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 . 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)
�. A L
�j --- 7,
Open .Channel Flow Module, Version 3. 41 (c) 1991
Haestad Methods, Inc. * 37 Brookside Rd * Waterbury, Ct 06708

Triangular Channel Analysis & Design
Open Channel - Uniform flow
Worksheet Name: Hmg-Revl
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
Ili iu'hnrgo I . . . . . . . . 8 . 80 cfu
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 )
(z. � )
Open Channel F1ow .Module, Version 3 .41 (c) 1991
Haestad Methods, . 2nc . * 37 Brookside Rd * Waterbury, Ct 06708

Triangular Channel Analysis 5 Design
Open Channel - Uniform flow
Worksheet Name: Kmg-Revl
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. � � . z Ac,
� :io cFS
Open Channel Flow Module, Version 3.41 (c) 1991
Haestad Methods,' Inc . 37 Brookside Rd * Waterbury, Ct 06708

Triangular Channel Analysis & Design
Open Channel - Uniform flow
Worksheet Name: Kmg-Revl
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 )
- D, �- A ,
C / A
_7
Open Channel Flow Module, Version 3 . 41 (c) 1991
Haestad' Methods, Inc. -* 37 Brookside Rd * Waterbury, Ct 06708

Date // / q 7
1. .
MEMORANDUM �i .6 : ,^' 4
TO: File
FROM: Susan Edwards D `L ['' --
O:;CEy
SUBJECT: Notice of Issuance of Mining Permit
A c th at act oti of Issuance o-f%Mi%6qT2ieaii00s/ nt to
all people listed in the Affidavi 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" .
L. a 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
Mass-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 /l lgg7
A6'
Susan Edwards
Mining Program Secretary

10 0 4,9 o c�
.y rIRANKLIN INDUSTRIAL MINERAL S
KMG DIVISION --
January 29, 1997
DEHNR
Land Quality Section
DEHNR Q
P.O. Box 27687
Raleigh, NC 27611 - 7687
L*ID WALITY SECTION
RE: Annual Reclamation Report
Franklin Industrial Minerals -Kings Mountain, NC --
Permit ks : 23-03,23-10
Enclosed are two copies of each reclamation report and updated mine maps for 1996. Also included are two �.
copies of mine maps depicting proposed 1947 acti'vityat the At tract which has been included in a ,
modification to permit 23.10 and is currently under reviem. t
I f any further in formation is needed . please contact Jim Spigner at 704-734 3516-
Sincerely ,
Jim Spigner
Safety and Environmental Supervisor
Anichmems
CC: Glenn McCloskey , FIM -

al7r*Ao
NORTH CAROLINA G
DEPARTMENT OF ENVIRONMENT,
HEALTH, AND NATURAL RESOURCES °
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION �eE9
P.O. BOX 27687
RALEIGH, NORTH CAROLINA 27611
TELEPHONE: [phone] FAX, (919) 733-2876
FACSIMILE MESSAGE
TO: TIC XAI k�
COMPANY/DEPARTMENT.
PHONE NO.: C fo4� 4 Wiz - 4 L
FAX NO.: ��4 Vot- oSGI
FROM: T/ Ar t tkvtS
lezo,irt
DATE: TIME:
NUMBER OF PAGES BEING SENT (INCLUDING THIS PAGE): 13
COMMENTS:

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Land Resources
James B, Hunt, Governor F.) FEE N Fi
Jonathan B. Howes, Secretary
Charles Gardner, P.G., P.E.
Director and State Geologist
April 10, 1997
I
Mr. Jim Barnette
ABS Combustion Engineering Inc .
1755 South Battleground Avenue AP,r
Kings Mountain, North Carolina 28086
N .C. ;
Re: Franklin Industries , Inc
Moss-Neisler Mine
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 . Your
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 address
your concerns for your employees and your plant.
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.Raleigh,North Carolina 27611-7687 Telephone [phone] FAX[phone]
An Equal Opportunity Amrmalive Action Employer 50%recycled/ IP6 past-cortwmer paper

✓Y l � �� ti I\ ID 11 frrEiVED
2t� '97
e �
s✓ ui L4ND RcS.
Q
March 18, 1997
Mr. Charles Gardner
Land Quality Section
Division of Land Resources
NCDEHNR
P.O. Box 27687
Raleigh. NC 27611 --
Dear Mr. Gardner:
I am writing, in concern over the request for a mining "73 it by Franklin Industrial
I\-lincials - 1 \9G Division in Cleveland County. (See Allachntent I)
I am the Geneml \-tanager of ABB Combustion Engineering which has a manufacturing
operation that is directly beside the proposed site. The mining operation mill presem a
direct and substantial health. safeh: and operational effect on our manufacturing
operation. As you can see from Attachment 11, 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 of our employees.
The Ica
se for our operation is due for renewal in June 1997, and we will have to consider
the outcome of Ibis permit request before we extend the lease.
I urge )ou to refuse the permit request for the health and safety of our employees and the
operational effect of our plant.
Thank you very much.
Sincereh.
Jim Bamene
JRB/wd
Attachments
ABB Combustion Engineering Systems
James R. Barnette Comm ion Engineering Irc. relaunpyq I'94l 734B1,11
General Macager 1755 South 5alligrOvntl Arenue Fa,I*@1-:Fo 3349
Kings Mountain,NC 28096

NOTICE
pursuant to provisions C.S. 74-50 of no Minim Act or 1971, Noucc is hereby given that
Franklin industrial Minerals KMc Division I has 2ppilad on 11 li /9h
(Applicant Nante) (Date)
Clr:.�1E5 GCryLAlEX
to Lite Land QiUL;y Section, Dwalon of Land Resources, North Carolina Department Of Environment, Hdlth,
and Natural iesources. P. 0. Boa 21697, Raleigh, North Carolina 27611, for (check one):
(a) a nrw surface mning permit
(b) a mMifradets w add adjaecnl Sand to an existing Surf= alining permit
The applicant proposes In mine •M ea on , g7 aerci I=wd
(Mtncral, rc) tNumDcr)
2 . 5 Southwest or Kinqs Mountain . NC
(Miles) (Daecilon) (Nearest Town)
Oil%n. rcatf US 20 in Cleveland
(licau Nwottcr/Nanc) arnc of COuli(y)
•Slat ATTACHED MAP FOR PROPOSED PL•RM17' AOLTNDAR1PS AND COft=- PONDRJC
ADlOLt NC lAtNINOWNLR N.hk= AND LOCATION94 -
in accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all
owners of feeord of Itbtd ud)oluldi' (eutuluuuus) to No propoi- d mine idr trr"ii beuodaries). and to notify
ow cr ici adnlini. "dVe of rider or Ow rAunly or municipUily to Which dte site is Ioemuf. Any Jterson in, Its:
n c n writtaonucnt(a) w the 13vpartment at the atove addreis w1Uun Dtir'ty (301 dayf u Of use issYlec of saris ML-cc
or We liling of die appLcaudn for a permit, whichever is taw. S tpulc d1c Departmcni ucternunu mu a
:.(;rni;evu public iumrca exists reladVe tD C.S. 74-51, a puDlie hraring will uc heW within 60 days of the cno
aI uw J0-day cummcm period specified above.
A copy of the permit application materials are on file and available for ppublic review dorm�, normal
nosiness hours at the above listed address is well asat the appropriate regions! ofllce. For iurthu infttrnt daa
all [phone]. �Irvc nrnr thry �hr t1Cp, tm; , w'llftna' Lr n•irvtnr wriur•
nmmr LL•:/r((,iru mrny�Ln wit l -n the Ent S;nr ni rl r bl' 'n , n • of Id71 r . �i n n r 9 scaly^n
rex_r ,i ni1�,,,gyf drr :,nn is nrI•I& n, 11 e .-INT11IM11011
Cleveland County .
P.O. Box
T1 1210
�,hcl crb E'S7V.d1....�7lIaii�mes�-----
11/il/96
�715�1 (13+w Of M ` Me of uLu NoLCJbtn.led m AdJrcii'W)
Franklin industrial Minerals KMC Division
- _ Si (Marne a nppliruu)
n - N
729 Kin a Mountain . No 29on6
c - c Address of Apphcarn)
e 3' •17-

N / '
Archdale Tract
252 Acres
Hawks Tract
29 Acres f
Mine Permit !y 23-10
,
e `ac
L
N OF
- - N Mine,
\,. . i " Mine,
N
- 11
+l
i (ar Mine

State of North Carolina
Department of Environment, A74je
Health and Natural Resources Division of Land Resources
James B. Hunt, Governor p E H N fR
Jonathan B. Howes, Secretary
Charles H. Gardner, P.G., P.E.
Director and State Geologist
April 22 , 1997 ' El 1.`.gry r,F. --
RF' C ,
Mr. James R. Barnette ,^c'
General Manager
ABB Combustion Engineering Systems pFpf?-"-_,.- :
1755 South Battleground Avenue 8I6[.;
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 an 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.
Geobgical Survey Section Land Quality Section
[phone] [phone]
FAX: (919)733,0900 FAX: [phone]
P.O. Box 276B7,R Ielgh.North Caroum 27611-7687 - Telephone 919-733 W • FAX[phone]
An Equd Oppom"ty/AfBrtn eActlon Employer • 50%fecycle JlMpcstcomumwpoper

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.

State of North Carolina
Department of Environment,
Health and Natural Resources 1
Division of Land Resources rripAll
James H. B, H Governor p E H N FR
Jonathan B. Howes,
Ag;lk �
es, Secretary
Charles H. Gardner, P.G., P.E.
Director and State Geologist
April 22 , 1997
RrGE ; 1 ' L,
Mr. John T. Barker, Sr. , SIOR APR 23 lc. .-
President, John Barker Realty, Inc.
216 N. Morgan Street Drn_-.,.-.._
P.O. Box 106 fi . - ..,.;a n= i..,�;,,_..�..-.:T
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 BualBy section
[phone] [phone]
FAX: [phone] FAX: [phone]
P.O.Box 27687, Rdelgh,North Carolina 27611-7687 • Telephone [phone]a33 • FAX(919)715-Ml
An Equd opportunlry/AmnnolNe Acflon Employer • 50%recyded/10%postconuuner 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. 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.

Too bad Franklin's opposition didn't talk with Franklin before
now.
Charles

Date sent: Mon, 28 Apr 1997 17:57:20 -0400
From: [e-mail] (Charles Gardner)
Subject: 4/30/97 Visit to Frankin Minerals Mine Area
To: [e-mail] (Mell Nevils)
Copies to: [e-mail],
jsimons(,mail.ehnr.state.nc.us (Jim Simons)
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 (1'm guessing 8:30 AM) and will give you directions to
Horace Williams if you need there.
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
comirninication 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.

ABB CE ID :704-739-3349 APR 29 '97 10 :07 No .004 P .01
ABB Combustion Engineering
!� /755 S. Boldeground Avenue, Kings Mountain. NC 28086
Phone: [phone]I3 Fax: [phone]
ABB Dap: 04/29197
Number of pages including cover About: 2
Fax Cover Sheet
To: Doug Miller From: Wanda Davidson
Phone ..Phone: [phone]
Pax Phonc: 704-663-6040 Fax rhunr: 7(4739-3349
CC:
REMARKS: ❑ Urgent El Poryourroview i] Reply ASAP ❑ Pleaso comment
Please find allaohod diroolions to ABB from the Churlolle Douglas International Airport.
If I may be of fiulhcr assistance, Please give me a wl I.
W andn Davidson

RBB CE ID :704-7,39-3349 APR 29 '97 10 =0£' No .004 P .02
pIECDONS TO ARR COMBUSTIQN ENGINEERING
KINGS MO RNT..AIN FACILITY
FROM CHA f3LOUFMOUGLAS INTERNATIONALAIReQ�T
AFTER LEAVING THE AIRPORT, TURN __LEFT AT THE FIRST STOP
LIGHT.
GO ABOUT 114 MIME AND TURN RIGHT ONTO LITTLE ROCK ROAD.
FOLLOW LITTLE ROCK ROAD UNTIL IT INTERSECTS WITH 1-85.
GO SOUTH TOWARD GASTONIA, NORTH CAROLINA.
CONTINUE ON 1-85 SOUTH, PASSING GASTONIA AND KINGS
MOUNTAIN EXITS.
YOU WILL EXIT ON EXIT A HWY, #29 SOUTH.
GO ABOUT 1 MILE AND ABB IS THE FIRST FACILITY ON THE LEFT
WITH A SIGN OUT FRONT AND THREE FLAG POLES.
PHONE NUMBER: [phone]

State of North Carolina
Department of Environment,
Health and Natural Resources •
Divlslon of Land Resources
r
James B. Hunt, Jr., Governor p E H N Ra
Jonathan B. Howes, Secretary
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 _
Rings mountain, North Carolina 28086
RE : Mining Permit No . 23-03 r ' -
Moss-Neisler Mine Cleveland County
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 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 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 Section Land Quality Section Geodetic survey Section
[phone] [phone] [phone]
FAX:[phone] FAX:[phone] FAX:[phone]
P.O. Box 27667.Raleigh.North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Ecual ODOo0unity Affirmative Action Employer 50%recycled/ 10%port-conwmer paper

State of North Carolina
Department of Environment, LFIXA
Health and Natural Resources
Division of Land Resources
James B. Hunt, Governor p E 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. 1MfY;; ;y @E LAN-1
Plant Manager WI rjKl p-y L_.f.,_ -15
Eaton Corporation ."{." r r 1, R'
Transmission Division
744 South Battleground Avenue
Kings Mountain, North Carolina 28086
RE : Mining Permit No. 23-03
Moss-Neisler Mine
Cleveland County
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 ASH 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,
Cc__4e, iJJw - a
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 Geodetic Survey Section
[phone] [phone] [phone]
FAX;(9 19) 733-0900 FAX:[phone] FAX; 733-4407
P.O. Box 27667,Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Oppoduntly Affirmative Action Employer 60%recycled/ 10%posi-consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources A:!;v
•
Division of Land Resources
� A
James B. Hunt, Jr., Governor
Jonathon B. Howes, Secretary E H N R
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 28073 9F WO 463.;xft�3s
RE : Mining Permit No. 23-03 R E r,
Moss-Neisler mine
Cleveland County Mf+Y 12 19^
Dear Mr. Jorgensen:
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 ADS 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 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]do7
An Equol Opporluntty AfrumotNe Action Employer 50%recycledi 10%post-convme,paper

State of North Carolina
Department of Environment, ILP Health and Natural Resources • �A
Division of Land Resources
James B. Hunt, Jr., Governor p E H N F�
Jonathan B. Howes, Secretary
Charles H. Gardner, P.G., P.E.
Director and State Geologist
May 7 , 1997
WYLml) g£ (pisJ t.-f t,y8y+�
Mr. Stephen R. Bonino UflG GU!'TY :K;tu=9
Vice President/Plant Manager R.F C F I N F
Pioneer Motor Searing
Eastern Plant MAY 12 1997
129 Battleground Road
Kings Mountain, North Carolina 28086 0°°P-T-1F7 Of r""r','rf ; NT
. ,HEnidH
RE : Mining Permit No. 23-03
Moss-Neisler Mine
Cleveland County
Dear Mr. Bonino :
Thank you for your April 21, 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 ABE 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 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]
n..c.....a n...._s....n,, um....,.u....e�unn rmn1non, 4R mrvrle,il I n,xl.rnna,mn,nnnc'

r,,r7
FRANKLIN INDUSTRIAL MINERALS C rfG
A It
1K0 S.BAMEGBOUNO AVE.•P.O.BOX 715
(.-y:%.PKWINGS MOUNTAIN, NC 28086
L�` 1 fa•,=lip .' It�NPHGNEV04)73<3550 FAX[phone]
RECEIYEp RCFII
MAY118 1997 Vf D
May 4, 1997 MAY 9 '
t [ 97
Mr. James R. Barnette Hv, , .. jkaq,_.__
General Manager - - - _ VP,"JD �cS,
Kings Mountain Operation -i I
ABB Combustion Engineering
1755 Battleground Avenue _ v
Kings Mountain, NC 28086 '
I
Dear Mr. Barnette:
Franklin Industrial Minerals very much appreciates the opportunity to have met with you and the
other'985/Highway 29 Corridor" business and landowner representatives. It is unfortunate that we
were not made aware of the group's reaction to our operations until after 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 tend 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.
The 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.
1. 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 before they enter the highway.
5. The access road has already been paved to a distance of 300 feet. W e 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 my absence, you may speak
to our Production Superintendent, Bob Burrill or our Environmental/Health/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�Merahs
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, LT MAI
Health and Natural Resources 1 • *
Division of Land Resources
James B. Hunt, Governor ID FEE
N R
Jonathan B. Howes, Secretary
Charles H. Gardner, P.G., P.E.
Director and State Geologist
r.
May 15 , 1997
Mr. Glenn R . McCloskey, P.E .General Manager
Manager
Franklin Industrial Minerals
1469 S . Battleground Avenue 1,...:.
P .C. 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 a copy 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,
�--
Tracy�s, P.E .
State Mining Specialist
Land Quality Section
/td
franklin.ltr
cc: Mr. Doug Miller, P .E .
Geological Survey Section Land Quality Section Geodefic 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 Equcl oppodunly Alfirmatixa Acton Employe, 50%recycled/ In pwt comxumer poper

2' °
STATE OF NORTH CAROLINA
OFFICE OF ADMINISTRATIVE HEARINGS
FAX COVER SHEET
TO: Traeq IDo.Ui_5
FAX NUMBER: ( ) 1 - (p
FROM: .CAI\1 7'boeS cxr Anll o
FAX �. /n ER:� [phone]
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NUMBER OF PAGES (including this page):
COMMENTS:
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Administration Administrative Law Judges Clerk's Office Rules
9191733-2691 919\733-2698 919\733.0926 919\733-2678
Fax: 919\733.3478 Fax: 919\733-3407 Fax: 919\7333478 Fax: 919\733-3462
Post Once Drawer 27447• Raleigh,North Carolina 27611.7447
Capcharl-Crocker Home• 424 North Blount Strect• Raleigh,North Carolina 27601

April 29, 1997 -
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Clerics Office
Office of Adraimstrative Hearings
P.O. Drawer 27447 cn
Raleigh, NC 27611-7447 .
Fax 1! 919-733-3475
Dear Kim:
Per our Telephone conversation today, I wish to withdraw the petition dated 4/15/97
between James R. Barnette, petitioner and the N.C. Dept of Emironmem, Health &
Natural Resources. respondent_ (See copy attached.) I mailed the petition to your office
in error.
Please notify me at 704-739-9513, ext. 0. when the withdrawal has been completed.
Thant: you.
Wanda Davidson
/wd
. ec: ,lames R. But nerto
ABB Combustion Engineering
ourneu.rwn G.9awrinn.ln0. 1755 5w4M1 9311WJru'urd Aw..noC TNPro le:N•1)714.gii 1:1

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COUNTY ONth Cleveland
(?) Lames R. Barnette )
ASS Combustion Engineering )
<raureamr7 PRTITIGY81. > �
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see attached letter.
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PIOt�++O�'OFBaG
You have previously expressed an interest and/ar are listed ao an
adjoining land owner in the application to modify this mining permit
filed by, Franklin industrial Minerals to conduct mining activities at
Noes-Nafaler Mine in Cleveland County.. The mining permit (no. 23-03) wee
modified on Mhrcb 10, 19971 .
North Carolina law allave persons aggrieved by the iaeuance of a
mining permit to contact tha daniaian by filing a petition. for a
contented case in the office of adm1istrativs Hearings pursuant to
N,C:G,9. 1403-33 of the A6miaiatrativa procedure. Act (APA) .
'rf you bollavm that you are an eggrleved party rithln the meaning of
the.. petition Sor a contested case must be filled In the off ice oY
Adm3iiiatrative enarings within sdxty (591 days of the mailing of this
notice to you.
if you 'file a contested Cass petitibn; it must be ih writing and fir.
the form prescribed by M.C. General, etatutee 15oH-23 . File the crig_-.s1
petition and one copy vith tne';Cffice of Administrative Hearings, P.O.
Drawer 27447 , Raleigh, N. C. 27611-7447.
Any questions about filing a petition may be directed to the Clark
of the Office of Administrative Haarings by telephoning. (919) 733-0926,
You must serve the papartaant of AaviXOMA at, Health and Natural
Resources by mailing a copy of the petition to Mr. Richard B. Nhisnant,
Registered Agent and General Counsel. post Office aeX 27.§87, Raleigh,
Morth Carolina 27611,
Charles H, car dyer
. . nirenter -
" Dlviaion of Land Resources
Morth Caro1L^.a Depaztm:,t of
Hnvironaent, Health and Natural
Rssourcaa. . .
This notice wasmailed- o'
. .Suman Edwards• ..
NSning' pragrsa Secretary

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Stdte of North Carolina
t Department of Environment,
Health and Natural Resources • •
Division of land Resources
James B. Hunt, Jr., Governor C) E H N
Jonathan B. Howes, Secretary
Charles Gardner, P.G., P.E.
Director and State Geologist
October 28 , 1994
Mr. Nelson Severinghaus, Jr. _-
Franklin Industries, Inc.
612 10th Avenue North
Nashville, TN 37203
RE: Hawks Mine
Permit No. 23-10
Cleveland County
Dear Mr. Severinghaus:
Your request to have the above referenced mining permit,
issued to KMG Minerals , Inc. transferred in its entirety to
Franklin Industries, Inc. , has been approved. As we have
received the required surety in an amount sufficient to cover the
present operation, I am enclosing the transferred mining permit.
The permit number, expiration date - and mine name shall remain the
same as before the transfer.
Please review the permit carefully and notify this office of
any objections or questions you may have concerning the terms of
the permit, it is your responsibility to fully understand and
comply with the conditions of your mining permit. I would like
to draw your particular attention to Operating Conditions Nos. 4
and 13 of the permit.
As a reminder, your permitted acreage at this site is 29
acres.
Please be advised that the 1992 modification request to
allow the commencement of mining activities on 9 acres of the
per-m3t-ted-ace-eage- has never been resolved. Therefore, for to
commencement of land disturbing activities at this site, your
company must address the items outlined in Mrs. Beth Chesson's
May 1, 1992 letter (copy enclosed) and any subsequent issues that
may relate to your company's intentions to mine this site.
Geological Survey Section Land Quality Section Geodetic Survey Section
[phone] [phone] [phone]
FAX:[phone] FAX, 733-2876 FAX:[phone]
P.O. Box 27687,Raleigh,North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%past-consumer paper

Mr. Severinghaus
October 28 , 1994
Page 2
Again, if you should have any questions on this matter,
please contact me at (919) 733-4574 .
Sinc rely,
Tracy E Davis, P.E.
State Mining Specialist
Land Quality Section
TED/tls
Enclosures: Mining Permit No. 23-10
Letter dated May 1 , 1992
cc: Mr. Jerry cook

D E PARTMENT O F ENV 2 RONMENT
HEALTH AND NATURAL
RE SOURCE S
D 2V 2 S 2 ON O F LAND RESOURCE S
LAND QUAL=TY , SECT=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.
Hawks Mine
Cleveland County - Permit No. 23-10
for the operation of a
Mica Mine
which shall provide that the usefulness, productivity
and scenic values of all lands and waters affected by
this mining operation will receive the greatest
practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: May 1 , 2001

Page 2 of 8
i
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
ofithe land and water affected by the permitted mining operation.
This permit is expressly conditioned 'upon compliance with all the
requirements of the approved Reclamation Plan. However,
completed performance of the approved Reclamation Plan is a
separable obligation, secured by the bond or other security on
file with the Department, and may survive the expiration,
revocation or suspension of this permit.
This permit is not transferable by the permittee with the
following exception: If another operator succeeds to the
interest of the permittee in the permitted mining operation, by
virtue of a sale, lease, assignment or otherwise, the Department
may release the permittee from the duties imposed upon him by the
conditions of his permit and by the Mining Act with reference to
the permitted operation, and transfer the permit to the successor
operator, provided that both operators have complied with the
requirements of the Mining Act and that the successor operator
agrees to assume the duties of the permittee with reference to
reclamation of the affected land and posts a suitable bond or
other security.
In the event that the Department determines that the permittee or
permittee's successor is not complying with the Reclamation Plan
or other terms and conditions of this permit, or is failing to
achieve the purposes and requirements of the Mining Act, the
Department may give the operator written notice of its intent to
modify, revoke or suspend the permit, or its intent to modify the
Reclamation Plan as incorporated in the permit. The operator
shall have right to a hearing at a designated time and place on
any proposed modification, revocation or suspension by the
Department. Alternatively and in addition to the above, the
Department may institute other enforcement procedures authorized
by law.
Definitions
Wherever used or referred to in this permit, unless the context
clearly indicates otherwise, terms shall have the same meaning as
supplied by the Mining Act, N.C.G.S. 74-49 .
Modifications
October 28 , 1994 : This permit has bgen transferred in its
entirety from KMG Minerals Franklin Franklin Industries, Inc.

Page 3 of 8
Expiration Date
This permit shall be effective from the date of its issuance
until May 1 , 2001.
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
liniitations:
OPERATING CONDITIONS:
1 . A. Any wastewater processing or mine dewatering shall be
in accordance with the permitting requirements and
rules promulgated by the N.C. Environmental Management
Commission.
B. Any stormwater runoff from the affected areas at the
site shall be in accordance with any applicable permit
requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the
N.C. Environmental Management Commission. It shall be
the permittee's responsibility to contact the Water
Quality Section, Division of Environmental Management,
to secure any necessary stormwater permits or other
approval documents.
2 . A. Any mining process producing air contamination
emissions shall be subject to the permitting
requirements and rules promulgated by the N.C.
Environmental Management Commission.
B. During mining operations , water trucks or other means
that may be necessary shall be utilized to prevent dust
from leaving the permitted area.
3 . A. Sufficient buffer (minimum 100 foot undisturbed) shall
be maintained between any affected land and any
adjoining waterway to prevent sedimentation of that
waterway from erosion of the affected land and to
preserve the integrity of the natural watercourse.
B. Any mining activity affecting waters of the State,
waters of the U. S. , or wetlands shall be in accordance
with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management
Commission and the U.S. Army Corps of Engineers .

Page 4 of 8
4 . A. Adequate mechanical barriers including but not limited
to diversions, earthen dikes, silt check dams, silt
retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance
and maintained to prevent sediment from discharging
onto adjacent surface areas or into any lake or natural
watercourse in proximity to the affected land.
B. A detailed Sediment and Erosion Control Plan shall be
submitted to and approved by the Department prior to
commencing any land disturbing activities at this site.
C. The surface of the haul road shall be stabilized with
crushed stone. The drainage ditches for the haul road
shall be revegetated or rip rapped to prevent erosion
and off-site sedimentation. .
5 . All mining permit boundaries (29 acres) shall be
permanently marked at the site on 100 foot intervals unless
the line of sight allows for larger spacing intervals .
6 . The angle for graded slopes and fills shall be no greater
than the angle which can be retained by vegetative cover or
other adequate erosion control measure, structure, or
device. In any event, exposed slopes or any excavated
channels, the erosion of­ which may cause off-site damage
because of siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to
restrain such erosion.
7 . The affected land shall be graded so as to prevent
collection .of pools of water that are, or likely to become,
noxious or foul . Necessary structures such as drainage
ditches or conduits shall be constructed or installed when
required to prevent such conditions.
8 . A. Existing vegetation or vegetated earthen berms shall be
maintained between the mine and public thoroughfares
whenever practical to screen the operation from the
public.
B. Vegetated earthen berms shall be used to screen the
north and west edge of the mine site from public view.
Said berms shall be constructed a minimum 5 foot high
with a 16 foot top width and minimum 2 horizontal to 1
vertical side slopes.
I
9. Sufficient buffer (minimum 100 foot undisturbed) shall be
maintained between any excavation and any mining permit
boundary or right-of-way to prevent caving of adjacent
property.
I
i

Page 5 of 8
10. A physical barrier consisting of a fence or earthen berm,
etc. , shall be maintained around the perimeter of any
highwall .
11 . Refuse Disposal
A. No on-site disposal of refuse or other solid waste that
is generated outside of the mining permit area shall be
allowed within the boundaries of the mining permit area
unless authorization to conduct said disposal has first
been obtained from both the Division of Solid 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 Solid 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.
12 . 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.
13 . A. The operator shall notify the Department in writing of
the desire to delete, modify or otherwise change any
part of the mining, reclamation, or erosion/sediment
control plan contained in the approved application for
a mining permit and any approved revisions to it.
Approval to implement such changes must be obtained
from the Department prior to• on-site implementation of
the revisions.
B. A detailed Sediment and Erosion Control Plan shall be
submitted to and approved by the Department prior to
initiating any land disturbing activities at this site.
14 . 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 on the approved
application. This-'security must remain in force for this
permit to be valid. The total affected land shall not
exceed the bonded acreage.

Page 6 of 8
15 . A. Authorized representatives of the Division of Archives
and History shall be granted access to the site to
determine the presence of significant archaeological
resources.
B. Pursuant to N. C. G. S. 70 Article 3 , "The Unmarked
Human Burial and Human Skeletal Remains Protection
Act, " should the operator or any person in his employ
encounter human skeletal remains, immediate
notification shall be provided to the county medical
examiner and the chief archaeologist, North Carolina
Division of Archives and History.

Page 7 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 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. w�
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. 11 .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 Leatherwood 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 pursuant to G .S. 7/4/-51 . . .
By:
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment, Health and Natural Resources

North Carolina Department of Enoronment Health, and Natural Resources,
DKr;§on of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED naNQ
1. MINE NAME 4Cc, J Lj!!L. 2. MINING PERMITp a?- r0
3. OPERATOR fea J: lkc1. u�r1 ) �o vs l.cc 1+1 t1-ico � .rrno 4. COUNTV
5- ADDRESS [oiQ-� LI- -Ave d 8. PERMIT EXPIRATION DATE
7. Person(s) contacted at site Ido . nr�Q 99�3
-8, was mine operating at time of Inspection? ❑ Yes -%No 9. Pictures? ❑Yes ®No
10. Date last inspected:t�LI c 3 11. Any mining since last inspection? ❑ Yes IS No
12. Is the mine in compliance with the Operating Conditions of the Permit? Iff Yes ONO
II no, explain:
13. Is the mine in compliance with the Reclamation Conditions of the Permit? FYes ❑No
If no, explain:
14. Did any of the above deficiencies result fir{ ❑Yes -&No If yes, describe the type
and seventy of the damage:
I
I I nr ?
15. Corrective measures needed andlor to
)
I LAINUUUALIlYbECTIUNi
16. Other recommendations and comments:
17. Is the Annual Reclamation Report +/- map accurate? -{$Yes ONO (Explain) ❑N01 Reviewed
-18, Follow-up inspection needed? ®Yes ❑No, • Proposed date
19. No. of additional pages of Inspection Report. 20. Oopy of Report Sent to.operalor 7A /.,W-23
I (date)
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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED NAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES*a fnmal.
1. If YOU went An recept postmarked stick the gummed nub to the light of the rnoln address 0
having the receipt attached and present the anitle at a post office seufo window or fiend It to Eli
year rear carrier Ina extra chergel. as
2. if you do apt weal this receipt postmarked, stink the gummed stub to IN right at the return
address of IN drink, date,Detach eM retain IM mast.and mind the arlitle, rho
3. O you want a return receipt, what IN intake mail number and year name antl addiem on a c
return manpt card.Form 3611,and alach it to the front of the mail by means of the gummed
an&g sulfate mmts.Minimum,offw to teak of article EnUse(rent of Miele RETURN RECEIPT
REQUESTED adlamnt to the number. C
J. If IN weal delivery resnkled 1p the addressee, or to an authorized agent pl IM1e addressee, M
upgrade RESTRICTED DELIVERY on the beat of IN entitle. E
E. Enter fees for are service requested in the approbaiad,spaces an the hear of this recent I(; u
return mi it ynVusslad,i the applicable blasts in item 1 of Form 3811. r�
G. Save IM1p receipt and prompt it II you make inquiry. c O6.CV0:1991-302ti 6

r State of North Carolina
Department of Environment, F15VA
Health and Natural Resources A4 * 0
Division of Land Resources a
YT
James B. Hunt, Jr., Governor p E H N R
Jonathan B, Howes, Secretary
Charles Gardner, P.G., P.E.
Director and State Geologist
October 28, 1994
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Herbert Bierman
KMG Minerals, Inc.
P.O. Box 729
Kings Mountain, North Carolina 28086
Re: Transfer of Hawks Mine
Permit No. 23-10
Cleveland County
Dear Mr. Bierman:
Your request to have the above referenced mining permit
transferred in its entirety from KMG Minerals, Inc. to Franklin
Industries, Inc. has been approved. As we have received the
required surety in an amount sufficient to cover the present
operation, your company is hereby released from further
responsibility for this site with respect to The Mining Act.
Sincerely,
Charles H. Gardner, P.G. , P.E.
CHG/tls
cc: Mr. Jerry Cook
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

KM(I;
. . . worldwide
MINERALS,INC.
October 18,1994
R�CFI
Mr. Tony Sample bEyNVED
DEHNR R
Division of Land Resources - Land Quality Sectio �Cr
P.O. Box 27687 Ig9Q
Raleigh, NC 27611 N
Re: Transfer of Hawks Mine Permit SF��/OAi
Permit No. 23-10 r
Cleveland County
Dear Tony:
Pursuant to my conversation with you today enclosed please find the following:
(1 ) Revised copy of "Mine Plan" showing present owner of property
to be Franklin Industries Inc.
(2) Lette:- acknowledging conditions of Permit No. 23-10
1 trust this is the information you require to complete the transfer of the permit to
Franklin Industries Inc.
Sincerely,
KMG Minerals Division
FRANKLIN INDUSTRIES INC.
Herbert B. Bierman
Adm. Manager
cc: Mr. J. Michael Duncan, CFO
Franklin Industries Inc.
P.O. Box 729 • Kings Mountain, North Carolina 28086
Phone [phone] • Toll Free: 1-(800) 443-MICA e Fax [phone]

JDKM4! * # . worldwide
MANERALS,INC.
October 18,1994
Mr, Tony Sample
DEHNR
Division of Land Resources - Land Quality Section
P.O. Box 27687
Raleigh, NC 27611
Re: Transfer of Mine Permit
Hawks Mine Permit No. 23-10
Cleveland County
Dear Tony:
On May 1 ,1991 DEHNR approved the renewal of Permit No. 23-10 for a period of
10 years until May 1 , 2001 . The renewal was subject to certain terms and
conditions contained therein.
This is to confirm that Franklin Industries Inc. is familiar with Permit No. 23-10
and the terms and conditions upon which the renewal was approved. Franklin
accepts and agrees to the conditions of the permit and shall abide by them in full.
Sincerely,
KMG Minerals Division
FR NKLIN INDU RIES INC.
1 �'^
Herbert B. Bierman
Adm. Manager
cc: Mr. J. Michael Duncan, CFO
Franklin Industries Inc.
HBB:h
P.O. Box 729 • Kings Mountain, North Carolina 28086
Phone [phone] * Toll Free: 1-(800) 443-MICA • Fax [phone]

State of North Card
Department of Environment,
Health and Natural Resources &P0
Division of Land Resources
W
James B. Hunt, Governor ID E H N FRI
Jonathan B. Howes, Secretary
Charles Gardner, P.G., P.E.
Director and State Geologist
October 6 , 1994
Mr. J. Michael Duncan
Franklin Industries, Inc.
612 Tenth Avenue
North Nashville , Tennessee 37203
Re : Hawks Mine
Mining Permit No. 23-10
Cleveland County
Dear Mr. Duncan:
The initial review has been completed on the transfer request
for the Hawks Mine in Cleveland County. The following additional
information is needed to complete our review:
A detailed mine map must be submitted that indicates the .
entire permitted area, 29 .0 acres, to be included in the transfer.
The map must clearly indicate the affected acres such as the mine
excavation area, stockpiles, wastepiles, processing plant areas,
existing roadways, and all sediment and erosion control measures.
It must also indicate the buffer zones used to protect adjoining
properties and waterways.
PLEASE BE ADVISED THAT OUR REVIEW CANNOT BE COMPLETED UNTIL
THE MINE MAPS HAVE BEEN SUBMITTED.
Please note that a modification request was submitted to this
office on March 19, 1991 and has not been approved to date. A
letter requesting additional information was sent to KMG Minerals,
Inc . on May 1 , 1992 . A copy of the letter is attached. You may
wish to address these issues so the previous pending modification
can be issued along with the pending transfer and ," therefore , bring
the permit and site up-to-date.
In .order to complete the processing of your transfer request,
please forward two copies of the requested information to my
attention at the following address:
Land Quality Section
P. O. Box 27687
Raleigh, N. C. 27611
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 Oppodunity Affgmative Action Employer 50%recycled/ 10%post-consumer paper

o ®
Page Two
Mr. Duncan
Please contact me at (919) 733-4574 if you have any questions.
Sincerely,
,
Tony L. Sample
Assistant State Mining Specialist
Land Quality Section
JW
cc: Mr. Jerry Cook ,
Mr. Charles Gardner
i
I

ZZLIA %
KM4 . . . worldwide
MINERALS,INC.
October 11, 1994
Mr. Tony Sample
T
DEHNR
Division of Land Resources - Land Quality Section
P.O. Box 27687
Raleigh, NC 27611
Re: Transfer of Mining Permits
Franklin Industries, Inc.
Dear Tony:
Pursuant to your request today I am pleased to enclose the following:
(1) Re Moss-Neisler Mine
Land Entry agreement executed by an authorized
representative of Franklin Industries, Inca
(2) Re Hawks Mine
Copy of "Mine Plan" dated 2/4/92 known as KMG
#227 filed with the Dept. at the time of application.
I will foward appropriate plats covering the Patterson Plant property
within the next several days. If you require anything further please
call me.
Cordially,
KMG Minerals Division
FRANKLIN INDUSTRIES,INC.
Herbert B. Bierman
cc: Mr. Nelson B. Severinghaus, Jr., President
Franklin Industries, Inc.
F.O. Box 729 + Kings Mountain, North Carolina 28086
Phone [phone] • Toll Free: 1-(800) 443-MICA + Fax [phone]

WKM(# * ,, . worldwide
MINERALS,INC.
October 11., 1994
a�
Mr. Tony Sample l
DEHNR
Division of Land Resources - Land Quality Section
P.O. Box 27687 �0
Raleigh, NC 27611
Re: Transfer of Mining Permits
Franklin Industries, Inc.
.Dear Tony:
Pursuant to your request today I am pleased to enclose the following:
(1) Re Moss-Neisler Mine
Land Entry agreement executed by an authorized
representative of Franklin Industries, Inca
(2) Re Hawks Mine
Copy of "Mine Plan" dated 2/4/92 known as KMG
#227 filed with the Dept. at the time of application.
I will foward appropriate plats covering the Patterson Plant property
within the next several days. If you require anything further please
call me.
Cordially,
KMG Minerals Division
FRANKLIN INDUSTRIES,INC.
Herbert B. Bierman
cc: Mr. Nelson B. Severinghaus, Jr., President
Franklin Industries, Inc.
P.O. Box 729 • Kings Mountain, North Carolina 28086
Phone [phone] • Toll Free: 1-(800) 443-MICA + Fax [phone]

• o
K.C. Department of Environment, Health, and Natural Resources
- Dil ision,or Land Resources, Land Qualit3. Section -
Telephone Log
.. Dan: /f / Sheet 1 of
�.
❑ am Call PlaceA Ea`Rttci W ❑ ,
rt3'>m fi r s, r;y.'th r . t, RciumW�O n ix;"'rF .sty F.
I.Project kyn6- ✓f'I`x+..� Tir r1w County:
-i ..� .;,.,^ fx 2 h ?
2.Conversation wish ,--,.psi ei:..a.— TeIcplioneC '
3. Affilinon:
A.Content of conversation:
A
,/YIo-�• fJ.-,:Pt. _ ,U ;. LER- 5.` .J 6:. ��lfti. '
T i
ts
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.. 7 - f7
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DATE: Se 01&rFlEO EMED
MEMORANDUM TO: Tony Sample DEHNR
FROM: Brian K. Nort
h
-RP 12 10
THROUGH: Jerry W. Coo
SUBJECT: Hawks Mine , M'ne'AW QUALITY SECTION
Permit 23-10 , Cleveland Cc
RE: Permit Transfer Request
A review of the above referenced mine submittal has been
completed by this Office. It appears that all of the information
is accurate and complete. We do not have any problems with
granting the transfer as requested.

® � I
.ter
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® RECEIVED 9 T'
DEHNR
Ain
€ SF.P - 9 1944
Y
it f ItNi V )•.
^QUALITY SECTION
® North Carolina Wildlife Resources Commission
512 N.Salisbury Street, Raleigh,North Carolina 27604.1188,919-733.3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Susan S. Edwards, Mining Program Secretary
Land Quality Section
FROM: Stephanie E. Goudreau, Mt. Region Coordinator
Habitat Conservation Program
DATE: September 7 , 1994
SUBJECT: Application for mining permit transfer from KMG
Minerals to Franklin Industries for Hawks Mine,
Cleveland County, Mining Permit No. 23-10.
Staff field biologists of the North Carolina Wildlife
Resources Commission (NCWRC) have reviewed the request by KMG
Minerals to transfer the mining permit for Hawks Mine in
Cleveland County to Franklin Industries. I conducted a site
visit on I8 May 1992 . 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. )
Franklin Industries proposes to continue mining mica and its
byproducts on a 29-acre tract using dozer and backhoe. A maximum
of 9 acres will be disturbed and unreclaimed at any one time.
Sediment and erosion control measures include silt basins, berms,
and revegetation.
The NCWRC does not object to this transfer request, provided
the following recommendations are implemented by Franklin
Minerals:
1) Stringent erosion control measures should be implemented
where soil is disturbed and maintained throughout the life
of the project, especially on steep slopes.
2) Final revegetation plans should include plantings of
VA-70 shrub lespedeza (20 lbs/acre) , Korean lespedeza
( 15-20 lbs/acre) , and partridge pea (10-15 lbs/acre) on
twenty-five percent of noncritical slope areas to
provide food and additional habitat for wildlife.

elk
__j

MiningPermit No. 0-10 Pa e 2 Se temOr 7 1994
g p ►
3) Twenty-five percent of reforested sites should include
3-5 acre or greater clumps of hardwoods such as red
oak, white oak, willow oak, sawtooth oak, black gum and
dogwood.
4) The final reclamation plans for the proposed 29-acre
pond area at the Hawks site should include allowing half of
the pond edge to revegetate naturally after soil
stabilization. Also, it is recommended that 3 to 5 wood
duck nest structures be erected in shallow water areas.
Thank you for the opportunity to review and comment on this
project. If you have any questions regarding these comments,
please contact me at 704/652-4257 .
cc: Mr. Jack Mason, District 8 wildlife Biologist
Mr. Chris Goudreau, District 8 Fisheries Biologist
Mr. Nelson Severinghaus, Jr. , Franklin Industries

State of North Carta
Department of Environment,
Health and Natural Resources 1
Division of Land Resources
James B. Hunt,Jr., Governor p E H N R
Jonathan B. Howes, Secretary
Charles Gardner, P.G.. P.E.
Director and State Geologist
August 18 , 1994
�0�92�2122p3�9
MEMORANDUM
%UG7994
To: Ms. Stephanie Goudreau = REC
Habitat Conservation Program Coordinator "' x3a�FD
Wildlife Resources Commission N cam on
From: Susan B. Edwards
Mining Program Secretary gStr4.
Land Quality Section
Re: Mining Permit Transfer Request for KMG Minerals - Franklin
Minerals
Hawks Mine - Permit No. 23-10
Cleveland County
Please find attached for your review a copy of the mining permit
transfer application for the above referenced project.
Please review this information and advise as to the probability of this
operation having unduly adverse effect on wildlife and freshwater fisheries
(G. S. 74-51 (2) ) . Please respond by September 9 . 1994 so that we may
complete our review of this request within our statutory time limits.
As is the case in our review of all mining permit applications, renewals
and modifications, this office will carefully review all proposed erosion and
sediment control measures to ensure that they are sufficient to restrain
erosion and off-site sedimentation. However, any comments your agency can
provide regarding effects on wildlife and freshwater fisheries would be
greatly appreciated. If your staff wishes to perform a site inspection, it
is recommended that they contact the person submitting this request to set up
a convenient date and time. Also, please send a copy of your comments to the
person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS
WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation in the review of these type requests is
greatly appreciated. Please contact Mr. Tony Sample at (919) 733-4574 if you
have any questions.
SBE
Attachments
cc: Mr. Jerry Cook
Geological Survey Secfion 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 Equa OppodunBy Affirmative Action Employer 50%recycled/ 10%post-consumer paper

DATE TO ,ASSISTANT �Y" DATE T USAN
LOGGED IN 77i
MINING CHECKLIST FOR ROUTING
Company XniLrtl:N.+�E Project Name µrk.jjr5 ✓11 :N Q--
Permit No. Z,? -/o County dlewd4 ....l Date Received f/Z - 94
Reviewer
I
Please make copies of check to include with Central Office and
Field Office files and log in checks. ���
* ❑ New ❑ Renewal El ModificationLJ Transfer ❑ Release
❑ Additional Information ❑ Fee Needed
©'Fee Received: Amount W 5-D,00
Please route to: ��77
© jWno*QVi /hl_ Field Office Date Routed T5 - �j6 -%r�
LJ Wildlife Resources Commission Date Routed 1l5 -
_* ❑ Archives and History Date Routed
❑ Other: Date Routed
Suspense Date for Comments: 9' 9 -9D (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

• 0 N
State of North Carolina
Department of Environment,
Health and Natural Resources / • •
Division of Land Resources
James B. Hunt,Jr., Governor ® E H N R
Jonathan B. Howes, Secretary
Charles Gardner, P.G., P.E .
Director and State Geologist
August 18, 1994
MEMORANDUM
' To: Ms. Stephanie Gaudreau
Habitat Conservation Program Coordinator
Wildlife Resources Commission
From: Susan B. Edwards �'p
Mining Program Secretary
Land Quality Section
Re: Mining Permit Transfer Request for KMG Minerals - Franklin
Minerals
Hawks Mine - Permit No. 23-10
Cleveland County
Please find attached for your review a copy of the mining permit
transfer application for the above referenced project.
Please review this information and advise as to the probability of this
operation having unduly adverse effect on wildlife and freshwater fisheries
(G. S. 74-51 (2) ) . Please respond by September 9 , 1994 ' so that we may
complete our review of this request within our statutory time limits.
As is the case in our review of all mining permit applications, renewals
and modifications, this office will carefully review all proposed erosion and
sediment control measures to ensure that they are sufficient to restrain
erosion and off-site sedimentation. However, any comments your agency can
provide regarding effects on Wildlife and freshwater fisheries would be
greatly appreciated. If your staff wishes to perform a site inspection, it
is recommended that they contact the person submitting this request to set up
a convenient date and time. Also, please send a copy of your comments to the
person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS
WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation in the review of these type requests is
greatly appreciated. Please contact Mr. Tony Sample at (919) 733-4574 if you
have .any questions.
SBE
Attachments
cc: Mr. Jerry Cook
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

FRANKLIN INDUSTRIAL MINERALS NASHVILLE,T NNESSEE 37203 CHECK NO. 2-118 7 3 8
VENDOR: 200782
Hawks Mine Pernit
Transf r 8/I1/94 50.00

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• •
FRANKLIN INDUSTRIES INC.
612 oENEAVENUE�
HVILLE. ENN ESSEEE. 3
VILLE TENNEaaEE]r]U]
August 11, 1994 RE'MVED
DEHNR
Mr. Tracy E. Davis, P.E. z
North Carolina Department of Environment,
Health, and Natural Resources
Archdale Building LAND QUALITY SECTION
5th Floor, Room 519
512 Narth Salisbury
Raleigh, North Carolina 27611
Dear Mr. Davis:
Please find enclosed:
1.) 2 copies of each of the Wastewater Permit Transfer Applications
2) 2 copies of each of the Air Quality Permit Transfer Applications
3) The Hawks Mine Permit Transfer Application (2 originals)
4) The Land Entry Agreement relating to the Moss Neisler Mine Permit Transfer Application
Filed on July 26, 1994.
At the first of next week, you will also be receiving from NationsBank, a Letter of Credit for
$500,000 to post for Reclamation.
After you have received this information, please call if you have any questions at 615-259-4222.
Sincerely,
�"\a1T��o��
J. ichael Duncan
Treasurer
14'nclosures

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FRANKLIN INDUSTRIES INC.
August 11, 1994 V osma.c orate
elr TENTH AVENUE,NORTH
NUMINVILLE IENNEWEE 3730.1
elsaeam
Mr. ar Davis, P.E.
Northh Carolina Department of Environment,
Health, and Natural Resources (1'
Archdale Building
51h Fluor, Room 519
512 North Salisbury
Raleigh, Noah Carolina 27611
Re: Hawks Mine Permit No. 23-10
Cleveland County, North Carolina
Dear Mr. Davis:
Franklin Industries, Inc. has acquired the assets of KMG Minerals, Inc. Franklin Industries, Inc. hereby requests the
transfer of the Hawks Mine Permit No. 23-10 from KMG Minerals, Inc. to Franklin Industries, Inc.
Enclosed herewith am the following:
1) Application for North Carolina Mining Permit completed as per the transfer checklist;
2) land Entry Agreement contained in the Mining Permit Application; and
3) A letter of consent from KMG Minerals, Inc.
At the preaent time there has been no mining Activity on this site. Franklin Industries, Inc. understands that before
any mining activity can commence, a comprehensive mine plan must be submitted. This office has reviewed the
applicable statutes of the State of North Camino and accepts any and all responsibilities end liabilities with respect to
the Mining Act of 1971 es emended.
I enclose herewith a check in the amount of$50.00 made payable to DEHNR. This is submitted pursuant to Item 6
of the checklist. In addition, Franklin Industries, Inc. is making arrangements for the deposit of An acceptable
Reclamation Bond (letter of Credit) in the amount of$500,000 on or before August 15, 1994 as required by the Moss
Neisler Mine Permit No. 2M3, which is the subject of our application for transfer to your office. We request that you
promptly process this application and advise us of the transfer.
Sincerely,
\F.R"ANKLIN IN44USTRIES,INC.
ichacl Duncan
Treasurer
Enclosure
ce: KMG Minerals, Inc.

u i
ltm . . . worldwide
MINERALS,INC.
.July 28, 1994
North Carolina Department of Environment,
I Iealth, and Natural Resources
Post Office 13ox 27687
Raleigh, North Carolina 27611
Attn: Tracy E. Davis, P.E.
RE: Hawks Mine Permit No. 23-10
Cleveland County, North Carolina
Dear Mr. Davis:
Pursuant to the requirements of the mine permit transfer check list, KMG
Minerals, Inc..hereby request that the above-mentioned Mine Permit be transl'crred
to I-ranklin Industries, Inc., 612 10th Avenue North, Nashville, 'I-N 37203. We request
that Mining Permit No. 23-10 he transferred promptly pursuant to the request
submitted herewith.
Very truly yours,
KN G MIINN
NI.JWS, INC.
Y i
1 erro
I?resident
JPI':mgr
cc: Franklin Industries, Inc.
P.O. Box 729 • Kings Mountain, North Carolina 28086
Phone [phone] • Toll Free: 1-(800) 443-MICA 9 Fax [phone]

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APPLICATION FOR
+ NORTH .CAR®LINA MINING
PERMIT
State of North Carolina
.. Department of Environment,
;. Health, and Natural Resources,
i ., Division of Land Resources.
Land quality Section .
- P O. Box 27687 .:
Raleigh;North Carolina 27611— --
_ (9191733-4574
.:Lt yew -': . --`. . -.L,, 'e REV 90
-r r ... _ . . -1.".1-11 4 . :.�
:.;c ..

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
i LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT -
(PIZASE PRINT OR TYPE)
1 . Name of Mine Hawks County Clev>land
a. Name of Applicant Franklin Industries Inc
3. Permanent address for receipt of official mail. 612 10th Avenue North
Nashville,. TN 37203 '
*Telepbone 615-25g_4229
a. Mine Office Address 1469 S. Battleground Avenue
Kings Mountain, NC 28086 Telephone [phone] -
5. Mine Manager James P. Ferro
We hereby certify that all details contained in this Permit Application
are true and correct to the best of our knowledge. We fully understand that
any, willful misrepresentation of facts will be. cause for permit revocation.
"Signature Date
Print Name
Title Pr sident
'The i.and Quality Section should be notified of change in permanent address or -
telephone number. -
**Signature of company officer required.
G.S. 74-51 provides Lbat the Department shall grant or deny an application for a
permit -within GO 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 Lhe Department. All questions must be addressed and all
required maps provided before this application can be considered complete Attach
additional sheets as needed.

APPLICATION FOR A MINING PERMIT
A. GENERAL CHARACTERISTICS OF MINE.
1. Total acreage at site covered by this permit application:
Acres owned 29 Acres leased Property owner if leased
2. Name of all materials mined: Mica and By Product Minerals
3. Mining method: Hydraulic Dredge Underground Shovel S
Truck D.ragline b Truck self-loading Scraper
Other (explain) DniEr ACciCted Srra ncrc and RarkhnA
4. a. Expected maximum depth of mine (feet) 80 Reference elevation:
b. Expected average depth of mine (feet) 80
S. Has any area(s) at this site been mined in the past? Yes_ NO X If no, pro-
ceed to Question 6.
a. Acreage of previously affected land(s) at present site that has not been
reclaimed: acres (identify all areas on your mine map). -
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) .
J. When and by whom was this activity conducted?
e. Do you wish to exclude any areas noted in Sa or c from this permit application?
Yes No If yes, how much? acres (identify all
areas on your mine map).
6. Present (premining) use of the land (estimate acreage for each) :
Cropland ac Pasture ac Forestry ac Fish/wildlife ac
Recreation ac Other 29 ac Vacant Land
7 . Proposed land use after mining and reclamation has been completed -
(estimate acreage for each) :
Cropland_ ac Pasture ac Forestry ac -Fish/Wildlife ac
Recreation ac Other - 29 ac Vacant Land
B. DETEMINATION OF AFFECTED ACREAGE AND BOND
1. Number of years for which permit is requested (10 years maximum) . 10 years
2. Total affected "acreage to be disturbed during initial year of operation:
a. Area used for tailing ponds acres
b. Area used for stockpiles 1 acres
c. Area used for waste piles 1 acres
d. Area used for processing plants and onsite haul roads - acres
a. Area of mine excavation(s) 9 - acres
f . TOTAL a-e U acres
3. Estimate the maximum amount of land to be disturbed and unreclaimed
at anv one time during the life of the permit. 9 acres
2

APPLICATION FOR A MINING PERMIT
4. Check acreage to be banded" : Total affected acreage figure from B2f OR B3 (page 2)
whichever is larger, equals acreage to be bonded. (See 15A NCAC 5B.0003 for bond
amounts. )
0 - 4.99 acres 10 - 24.99 acres
5 9.99 acres 25 } acres
5. a. Will you file a blanket Mond or other security covering all of your
mining operations in North Carolina? .Yes_ No—
b- Have you already filed a blanket bond or other security? Yes_ Nc_
6. List any mining permit: previously issued to the applicant.
C. PROTECTION OF NATURAL RESOURCES
1. a. Will the operation involve washing the material mined, recycling process water,
or other waste water handling? Yes Na If yes, briefly
describe all such processes including any chemicals to be used.
b. Will the operation involve dewatering the mine or discharging fresh or waste
water from the mine or plant. Yes No If yes, briefly
describe the nature of the discharge and locate all proposed discharge points
on your snine map.
c. If you answered yes to either la or 1b, provide evidence that you have applied
for or obtained a water quality permit from the Division of Environmental
Management, Water Quality Section.
*Iri lieru of the surety bond required by this section, the operator may file with the
Department a cash deposit, negotiable securities, a mortgage of real property
acceptable to the Department, or an assignment of a savings account in a North
Carolina bank on an assignment. form prescribed by the Department. The amount of.
]and disturbed and unreclaimed at any onetime must not exceed the bonded amount.
3

APPLICATION FOR A MINING PERMIT
2_ a. Will the operation involve crushing or any other air contaminant emissions?
Yes No If yes, indicate evidence that you have applied
for or have obtained an air quality permit issued by the Division of 4
Environmental Management, Air Quality Section or local governing body.
b. How will fugitive dust from stockpiles, haul roads; etc. be controlled?
3. Describe in detail the chronological sequence of land disturbing activities and
reference the sequence to the mine map(s) . Attach additional sheets as needed.
4

APPI,TCATTON FOR A MINING PERMTT
4. a. How wide a buffer will be maintained between any mining activity
and any adjoining property or highway right-of-way? Show all buffers on mine
maps). .
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
m m ine ap if they are within 300 feet.'of any proposed excavation.
c. Describe what kind of barricade will be used to prevent inadvertent public
entry along any high wall area and when it will be implemented.
5

r .y�58yp�t,,N t`
: . , . . . . .. . ' . . . e . . . _ . . . . a . ._ 4..,..• • . -_ ........;::_.:.....
APPLICATION FOR A MINING PERMIT
S. Describe specific erosion and sediment control measures to be taken during
mining to prevent offsite sedimentation (include specific plans for erosion
control for mine excavation(s), waste piles, access/mine roads and process areas), , ,.
and give a detailed sequence of installation. Locate and label all erosion and
sediment control measures on the mine map. Engineering designs and calculations
shall be required when needed to justify the adequacy of any proposed measures.
u a. Describe methods to ,prevent landslide or slope instability adjacent to .
adjoining properties during mining.
b. In excavation(s) of unconsolidated (non-rock) materials, specify the angle-
of all slopes including specifications for benching and sloping.
c. Ln hardrock evacations, specify proposed bench widths and heights in feet.
6

APPLICATION FOR A MINING PERMIT
7. 'Are acid producing minerals or soils present? Yes_ No_ If yes, list all such
minerals, their relative abundance and indicate their location(s) on the mine
unap. How will acid water pollution from the excavation, stockpiles and waste
areas be controlled?
8. Describe specific plans (including a schedule of implementation) for screening
the rperation -from public view such as maintaining or planting trees, bushes
or other vegetation, building berms or other measures. Show the location of
all visual screening on 'the mine map and provide cross-sections through all
proposed berms.
9. Will explosives be used? Yes_ No� If yes, specify the types
of explosive(s) and describe what precaution(s) will be used to prevent
physical hazard to persons or neighboring property from flying rocks or
excessive air blasts or ground vibrations. Locate the nearest offsite
structure(s) to the proposed excavation(s) on the mine map.
• 7

APPLICATION FOR A MINING PERMIT
10. a. What is the pre-mining depth (in feet) to the seasonal high and low ground
water tables? High ft. Law £t. What is the .source(s) of this `
.. •.information? _. .. . _ .
b. Will any part of the proposed mine excavation(s) extend below the water 'table?
' Yes - No If yes, do you intend to dewater the excavations)? . Yes_
No If yes, what impact, if any, will mine dewatering have on neighboring
wells? Locate all existing wells on the mine map that lie within 500 feet of
the proposed permit area. Provide data to support any conclusions or
statements'made.
11. Will fuel tanks, solvents, or other chemical reagents be stored on-site?
Yes No If yes, describe these materials and how they will be stored
and show the location(s) of all storage facilities on the mine map.
a

APPLICATION FOR A MINING PERMIT
D. RECLAMATION.- PLAN -
I . Describe your intended plan for the reclamation and subsequent use of all
affected lands and indicate the general methods to be used in reclaiming this
land. This information must be illustrated on a reclamation map.
'. a. Is an excavated or impounded body of water to be left as a part of the
reclamat.ion? Yes No If yes, illustrate the location of the body(s)
of water on the reclamation map and provide a scaled cross-sections)
through the proposed body(s) of water. Will the body(s) of water be stocked
with fish? Yes_ No If yes, specify species.
D. Describe provisions for prevention of noxious, odious or foul water
t-�ullecting or remaining in mined areas. Provide details on any permanent
water outlets.
9

APPLICATION FOR A MINING PERMIT
RECLAMATION PLAN
3. Describe provisions for safety to persons and to adjoining property in all
completed excavations in rock including what kind of permanent barricade
will be left. The location of the barricade must be shown on the reclamation
map.
4. a. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or
other such on-site mine waste areas, including specifications for benching
and sloping.
b. 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 map(s) showing
the location(s) of the disposal area(s) . Include all specifications for erosion
and sediment control. 14
iu

APPLICATION FOR A MINING PERMIT
RECLAMATION PLAN
5. a. Describe reclamation of processing facilities, stockpile areas, and
unsite roadways.
b. Wfll any onsite roadways be left as part of the reclamation? Yes_ No
If yes, identify these on the reclamation map and provide details on
permanent ditch line stabilization.
6. 5tate. the method of reclamation of settling ponds. and/or sediment
control basins.
11
-7-777
__ . -

APPLICATION FOR A MINING PERMIT
RECLAMATION PLAN
7. State the method of control of contaminants and disposal of scrap _
metal, junk machinery, cables, or other such waste products of mining. (Note
definition of refuse in The !lining Act of 1971) . No off-site generated waste
shall be disposed of on the mine site without Prior written approval from the N.C-
Department of Environment, Health, and 'Natural Resources, Land, Quality
Section and Solid Waste Management Branch or local governing body.
S. Indicate the method of restoration or establishment of any permanent drainage
channels to a condition minimizing erosion, siltation and other pollution.
Give design details including typical cross-sections of any permanent channels
to be constructed as part of the reclamation plan. Show the location(s) of all
permanent channels on the reclamation map.
12

APPLICATION FOR A MINING PERMIT
RECLAMATION PLAN
9. Describe your plan for revegetation or other surface treatment of the affected
areas. This plan must include recommendations for time of seeding and the amount'
and type of seed, fertilizer, lime and mulch per acre and general seeding
instructions for permanent revegetation and, if necessary, temporary revegetation.
Revegetation utilizing pine seedlings only is not acceptable. NOTE: Revegetation
Plan must be approved and signed by one o£.the following:,.
(a) Authorized representatives of the local Soil and Water Conservation
District having jurisdiction over lands in question;
(b) Authorized representatives of the office of Forest Resources, Department of
Environment., Health, and Natural Resources;
(c) County Agricultural Extension chairmen or Research and Extension
personnel headquartered at North Carolina State University in the School of
Agriculture and Life Sciences;
(d) Nurth Carolina licensed landscape architects;
(e) Private consulting foresters referred by the Office of Forest
Resources, Department of Environment, Health, and Natural Resources;
(f) Others as may be approved by the Department.
LINE - RATE OF APPLICATION:
FERTILIZER - ANALYSIS AND RATE OF APPLICATION:
SEED - TYPES( S) AND RATE OF APPLICATION INCLUDING SEEDING SCHEDULE:
MULCH - TYPE AND RATE OF APPLICATION:
OTHER VEGETATIVE COVERS: - -
Revegetation and/or reforestation plan approved by: _
Signature Date
Print Name
Title
Agency
13

APPLICATION FOR A MINING PERMIT
RELUMATION PLAN
10. Provide a schedule of reclamation that indicates the sequence of -
'reclamation and approximate time frame. If reclamation is to be accomplished
" concurrently with mining, then show on the site map segments that are to be
mined.and reclaimed during each year of the permit_ Add drawings showing typical
sections or cross-sections and layout of proposed reclamation-
2.
NOTIFICATION OF ADJOINING LANDOWNERS
1. The "NOTICE" farm or a facsimile thereof attached to this application must be
sent certified or registered mail to all adjoining (contiguous) landowners
indicated on mine map unless another means of notice is approved in advance
by the Director, Division of Land Resources.
The completed "Affidavit of Notification" attached to this application must be
submitted before the application is considered complete.
14

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, notice is hereby given
that
(Company Name)
has applied 'on to the Land Quality Section, Division of Land Resources,
(Date)
North Carolina Department of Environment, Health, and Natural Resources, P.O. Box 27687,
Raleigh,' North Carolina 27611 for a surface mining permit to commence mining of
. on acres located of
(Mineral., ore) (Number) (Hiles) (Direction)' (Nearest Town)
near road in
(Road Number/Name) (Name of County)
In accordance with' G.S. '74-50, the 'mine operator is required to make a reasonable
effort to notify all owners of record of land contiquous to the proposed site, and to
notify- the chief administrative officer of the county or municipality in which the site is
located. The property owner may file written comment(s) to the Department at the above
address within ten (10) days following receipt of this notice or the filing of the appli-
cation for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held
in accordance with the Department of Environment, Health and Natural Resources, dining,
Mineral Resources Regulation Title 15A Subchapter 5B, .0011.
A copy of the permit application materials are on file and available for public
review during normal business hours at the above listed address. For further information'
call (919) 733-4574.
(Date Mailed to Addressee)
(Address of Applicant)
15

APPLICATION FOR A MINING PERMIT
AFFIDAVIT OF NOTIFICATION
an applicant, or an agent, or
employee of an applicant, for a Mining Permit from the N.C.Department of Environment,
Health, and Natural Resources, being first duly sworn, do hereby attest that the following
are known owners, both private And public, of the land adjoining the proposed mining site
and that notice of the pending application has been caused to be mailed, by certified or
registered mail, to said owners at their address shown below, such notice being given on a
form provided by the Department:
(Name) (Address)
(Attach additional list if necessary)
I do also attest that the following individual is the chief administrative officer of
the county or municipality in which the proposed mining site is located and that notice of
the pending application has been caused to be mailed, by certified or registered mail, to
said office at the following address:
(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. 5B .0004(d) . I understand that it is the
responsibility of the applicant to retain the receipts of mailing showing that the above
notices were caused to be mailed and to provide them to the Department upon request.
Date Signature of Applicant
If person executing Affidavit is an agent or employee of an applicant, provide the
following information: (Name of applicant) ;title 'of
person executing. Affidavit;
I, a Notary Public of the County of
State of North Carolina, do hereby certify that
personally appeared before me this day and under oath acknowledged that the above
Affidavit was made by him.
Witness my hand and notarial seal, this day 19
Notary
My Commission expires:
16

APPLICATION FOR A MINING PERMIT .
F. MAPS
1. Two copies of the county highway maps and two copies of all mine maps shall be
submitted with each permit application.
County highway maps may be obtained from:
Location Department
State Highway Commission
Raleigh, North Carolina 27602
Clearly mark the location of your mining operation on the county highway maps.
2. Mine maps should be accurate drawings, aerial photographs or enlarged topographic
maps of the entire mine area and of a scale sufficient (see minimum requirements
listed below) to clearly illustrate the following:
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. Initial and ultimate limits of clearing and grading.
c. Outline of all pits/excavations.
d. Outline of stockpile areas.
e. Outline of temporary and/or permanent overburden disposal areas.
f. Location of processing plants (processing plants may be described as to
location and distance from mine if sufficiently far removed)
g. Location and name of streams and lakes.
h. Outline of settling and/or processing wastewater ponds.
i. Location of planned and existing access roads and on-site haul roads.
j . Location of planned and existing on-site buildings.
k. Location of all proposed sediment and erosion control measures.
1. 100 year floodplain limits.
m. Names of owners of record, both public and private, of all adjoining land.
n. Map legend:
1. Name of applicant
2. Name of mine _
3. North arrow
4. County
5. Scale
6. Date prepared
7. Name and title of person preparing map
Map scales must, at a minimum, meet the fallowing guidelines:
SITE SIZE (From Page 2, Al) MAP SCALE
0-29 Acres - 1 inch=50 feet
30-499 Acres 1 inch=100 feet
500+ Acres 1 inch=200 feet
NOTE: THIS APPLICATION WILL NOT BE, CONSIDERED COMPLETE WITHOUT ITEMS 2a-n BEING
ADEQUATELY ADDRESSED.
17

APPLICATION FOR A MINING PERMIT
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of
entry and travel upon our lands or operation during regular business hours for the
purpose of making necessary field inspections or investigations as may be reasonably
required in the administration of this Act.
We furthergrant to the Department or its appointed representatives the right
to make whatever entries on the land as may be reasonably necessary and to take
whatever actions as may be reasonably necessary in order to carry out reclamation
which the operator has failed to complete in the event a bond forfeiture is
-ordered pursuant to G.S. 74-59.
Signature*
Print Name: Nelson B. Sev uS
Title: - President
Mine Hawks
Company: Franklin indu<triPc inr.
"Signature must be the same as the individual who signed Page 1 of this application
for a permit.
"*Two 2 copies of the completed application, two L21 copies of all maps, and the
appropriate processing fee (see next page for fee schedule). in the form of a check
or money order payable to the North Carolina Department of Environment, Health
and Natural Resoucres must be sent to the Land Quality Section Central Office at the
address listed on the front page of this application form.
18

MINING
A nonrefundable permit application fee when filing for a new mining permit,a major permit modification or a
renewal permit as follows:
TYPE ACRES" NEW PERMIT MAJOR RENEWAL
MODIFICATION
Clay 1 but less than 25 $500 $250 $250
25 but less than 50 1000 500 500
50 or more 1500 500 500
Sand& I but less than 5 150 100 100
Gravel,
Gemstone, 5 but less than 25 250 100 100
and Borrow
Pits 25 but less than 50 500 250 500
50 or more 1000 500 500
Quarry, l 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 I or more 2500 500 500
Leach).
Titanium &
Others
•A m nreftmdable$50.00 penniL appliutim prooeasing fen is rsgeursd for minor permit modifications.Mirror permit moffkadems inrlods owner6ip mandcra,
name rban8cs and band suhetiauieru.A mor in pasrrtit modification also inch to lands added to a pesminod area,oaIIside of theaQt pemnit buffer carte
raguirc mans,where no plum for m king related diva nce of the added lands have boot approved.All other diangoa arc®odcrod major numHrrritioru.
—Aerm for new pmniu and renewal pmudu mmms the total aacase at the sits Acres for major modification of pQmiu mnam that am of land adacyed by the
tnadiruari m widen the p=mined mine arm,qr any additioaul land that is to be disacrbed and added so an eaisdat pmmicad area,or bath.. 1000
19

LAND QUALITY SECTION HEADQUARTERS
Francis J.I. Navils,Jr.. PR. James D.Simons,P.O.,P.E.-Assistant drums Chief John BmrtMll, Sediment Fducafioo Specialist Counter-5201-00 -
Section Chief S.Craig Oul,P.E.- sediment Spccidisk _ (919)7334574
512 N. Salisbury Street David ll.Ward-Assistant Sediment Specialist - FAX/[phone]
P.0. Box 27687 Tracy E. Davis,E.I.T.-Mining Specialist - SKretarin 4
Raleigh,NC 27611 ) Bash U.Cheswn-Assistant Mining Specialist BuxamiEvens-teed Secretary i Tony S.Semple-Assistant Mining Specialist Stephanie Lam-Sediment
- James K. Lwmas, P.E.-Dam Safety Engineer Sum Edwards-Mining -
lack H. Palmer-Assistant Dem S afety Endrisseer Anita Barnette-Dents
LANIAQUALITY SECTION REGIONAL OFFICES
1•,
AM,P.E. I.E MOORE.SVILLE WE45TONSALEM RAI.EICN
i RSCNARD Bldg. 3,P.E. IERRY COOK MUG W25 N.Man ig'Blvd.
P.E. IOBN NOLLEY, P.E.
j lot wen lin Flout Mooresville,
rests Main Street2911 S025 I Pant Blvd. P.
Barrett Drive
59 Wond6n Place Mwrtrvilla,NC 28115 Suite IW P. D,Box27687
Asheville.NC 2901 Winston-Salem,NC 27106 Raleigh,NC 27611
COURffR-M-fl.I6 COURIER- 13.21418 COURIER-09-27.46 INTEROFFICE
(704)Z"208—(52) (704)663-16"-(34) (919)895-]W7-(58) (919)571 /7W.(55) .
FAX/(l04)251fi 32 FAX/(IN)663fi040 FAX/[phone] FAX/[phone]
Avery Buncombe Burke Alexander I9ncnln Memento Allegheny Adte Chatham Duhem Fdgeamobe
ro Caldwell Chcmkee Clay Cabnms Mccumboq Csawdl Davidson Davie Fracklin Granville Udder
C3 Graham Haywood Henderson Catawba Bowen - ForiAls Guillbrd Rokinyltam Johnston lee Nash
lakmu Macon Madison Cleveland Start' Randolph Stokes Starry Nodhamptan Group Person
McDowell Mitchell Palk Gsetor union Walwas Wilke$ Yedkin Vance Wait:
Rutherford Swain Tnmylvenu Iedell. Warne Wilson
Yancey
Dan Holebrvob,Michael Goodson,Clarks Stephen Allred,Saucer Bau-Gbsulo,Daphne •David How,nan,Gray Hauser,Lindy Lammed, Ahmed A34haawoeb,Debts Berace,
KoonR,•Richard Metre,a➢code Owenby, Cannes,Tony Johnson,eBnsn NoM, Bryan Moore,Datmil Westmoreland,*MaMcw *Wynn Bmwn. *T Holtamd,Judy Webmr
B41 Beck *Wes Webb Gana
FAYETTEVILLE WILMINGTON WASHINGTON ATTORNEY GENERAVS
JOE GLASS, P.E. - DAN SAMS, P.E. FLOYD WILLIAMS,P.O. WESTERN OFFICE
Wachevia Bldg. - 127 CoWmal Drive,Ext. 14N Carolina Avenue Smanva Sumpter
Suite 714 Wilsningwn,NC 214054843 P.O. Box 2198 11 Horde Market Street
FayeaevBls,NC 28001 Wad,inglun,NC 27889 Suite 203
Asheville,NC 21101
COURff.R-D4-06-25 COURIER-04-16-33 COURIER-01-7429 -
[phone](53) [phone](57) [phone] (704)2516033
FAX/(919)486417W FAX/[phone] FAX/[phone] FAX/[phone]
Anaon Montgomery Scdland Bmmwick New Hoover Beaulbn Berlin Camden Chowaa ,t
Binding Moore Carteret Ondow Caveat L stimek Dam Gates
Nr„beMnd Riclumond - Columbus Pander Oaeme Renfwd Hyde Jones
Humes Rmbeaon Duplin Lenoir Martin Pamlico Pepmatank
Hoke Sturgeon Perquimmns Pitt Tya11
waudwagtm Waym -
Broob Cale,Steve cookJOereM Jae Onseld Krayak,Cam$Miller 'Harry Bulley,*patsiek MCCiem,Richud Peed
• DENOTES ASSISTANT REGIONAL ENGINEERS

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TOLERANCES
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KR� ENGINEERS STANDARD FDRN DE IN G A.
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K t U t 1 �Noitl1 Carolina Department of Environment, Health, and Natural Resources,
Division of Land Resources, Land Quality Section
(J 5 19� MINE INSPECTION REPORT
LAND QUALITY fill
(�^QID TT RMNE)
1. MINE NAME 1tn..�.�,n M;. � 2. MINING PERMIT# ohs"/U -
3. OPERATOR I'-jy)r nji�z�,- e.)Wo�" 4k,,.ne: 4. COUNTY ati �
5. ADDRESSPoSov 7d9 ✓j.u.. Pll" . A/C Jf oSZo 6. PERMIT EXPIRAT2 DATE�I'aCP(
7. Person(s) contacted at site ,.L, orcz - Me.F �.✓ Nae6�e.,ia� nl ftflfae�r-I
B. Was mine operating at time of inspection? ❑ Yes 1 No 9. Pictures? ❑Yes No
10. Date last inspectetl;_j 1l_�/CJQ1 11. Any mining since last inspection? [IYes 1111 No
12. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes IN No
It ro, pla in:
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13. Is the mine in compliance with the Reclamation Conditions of the Permit? m7yes ONO
If no, explain:
14. Did any of the above deficiencies result in oftshe damage? ❑Yes BNo If yes, describe the type
and seventy of the damage:
15. Corrective measures needed and/or taken:
C c tRga.
16. Other recommendations arbcomments: �Solr., a,o26 ec�... cry-vaF o a.. , wr lJor,
Z tc�ja ' ..Eo gym..[ Lro. Su1y
.S.a.� �cwJ lop C,x.n,L,�KS AN d Itg
17. Is the Annual Reclamation Report N- map accurate? ❑Yes ❑No (Explain) [ Not Reviewed
Roro�Z
16. Follow-up Inspection needed? Was ❑No Proposed date&/
19. No. of additional pages of Inspection ReportQ. '20. Copy of Report sent topperator
1, q (date)
INSPECTED BY: udU-I�a 2L�c�� DATE L� l 10 / 9
Phone No: ( 40L,
wMre copy to file Yellow ropy to operator [Plnkcopy_w Miriing_Spe a/isf
9r91

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�9
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
March 28, 1991
MEMORANDUM TO: Beth Studenberg
FROM: Brian K. North
THROUGH: Jerry W. Cook 10'
RE: Permit Renewal Request
Hawks Mine #23-10
KMG Minerals, Inc.
Cleveland County, N. C.
The renewal request appears to be complete. A mine map should be
prepared and submitted prior to mining activities. An on-site inspection was
made by this office on March 14, 1991. To date, no mining operations have
taken place on this site.
Please contact this office, if you have any questions or need any
assistance.

KMG . . . worldwide
MINERALS,LNC.
March 15, 1991
Mr , Tracy Davis, MiningSpecialist
�'
State of North Carolina RA_°+>;WIVE
Dept . of Environment, Health, and NIAR LJ 1991
Natural Resources,
Div. of Land Resources LAND QUALI IY SECTION
Land quality Section
P .O. Box 27687
Raleigh, North Carolina 27611
RE : Permit # 23- 10
Hawks Mine
Kings Mountain, NC 28086
Dear Mr . Davis :
Pursuant to the requirements of your Department, I enclose
herewith the following :
1 . Original and copy of Application for Renewal of N. C.
Mining Permit #23- 10 , with attachments .
2 . Check in the amount of $500 , 00 .
Please consider this Application for Renewal of the above
mentioned Mining Permit for a period of ten additional years . At
the present time, KMG Minerals, Inc . has not commenced any mining
operations on the site. It is the intention of the Company to
comply in full with the Mining Plan, as well as the Reclamation
and Revegation Plan filed and approved at the time of the original
Application.
In compliance with GS 74 - 51 , please be advised that there will be
no changes in the operation of the mine as originally proposed.
The Renewal Application does not involve any additional acreage.
I trust you will find this satisfactory .
Cordially,
KMMItoRACa,• INC ` --
Herbert B. Bierman
Manager Legal Department
HBB/db
Encls .
P.O. Box 729 Kings Mountain, N.C. 28086 PHONE: [phone] TELEX: 703063

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CLEV ELAND COUNTY, N. C. VPEN NUMBER INDICATES TAFAMAP OLOT NUMBER.
- -- - DASHEDIINE IB ORIGINAL W BONIEI.ON LOT LINE
$if[i NO. 190LID LINE) 19 LIMIT O OWNERSHIP .
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COUNTY SIMN9 SILX°YOR MR'PS COMPANY THE ACOVM CYAMV INFORMATION
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3-16-77. IF u Fd r-`a al x��11

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Land Resources
James G. Martin, Govemor Charles H, Gardner
William W. Cobey,Jr.,Secretary Director
May 1 , 1991
Mr. Matthew Ferro, Jr.
KMG Minerals , Inc.
P. 0 . Box 729
Kings Mountain, NC 28086
RE: Permit No. 23-10
Hawks Mine
Cleveland County
Dear Mr. Ferro:
Your application for renewal of Permit No. 23-10 for the Hawks Mine in
Cleveland County has been approved. Although this permit renewal has been
approved, a detailed Sediment and Erosion Control Plan must be submitted to
and approved by this Department rp for to commencing any land-disturbing
activities at this site. A copy of the renewed permit is enclosed.
The conditions in the permit renewal were based primarily upon the
initial application. Modifications to the permit were made as indicated in
the renewal request and as required to insure compliance with The Mining Act
of 1971. The new expiration date is May 1, 2001 .
Please review the renewed permit and advise this office at (919)
733-4574 should you have any questions concerning this matter.
Sincerely,
Tr� Davis , E. I .T.
Mining Specialist
Land Quality Section
TED/se
Enclosure
cc: Mr. Jerry Cook
P.O.Box 27687 • Raleigh,N.C. 27611-7687 • Telephone [phone]
An Equal Opportunity Amnnarive Action Employer

DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
P E R M I 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:
KMG Minerals , Inc.
Hawks Mine
Cleveland County - Permit No. 23-10
for the operation of a
Mica 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.

Page 2 of 6
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.
This permit is not transferable by the permittee with the following exception:
If another operator succeeds to the interest of the permittee in the permitted
mining operation, by virtue of a sale, lease, assignment or otherwise, the
Department may release the permittee from the duties imposed upon him by the
conditions of his permit and by the Mining Act with reference to the permitted
operation, and transfer the permit to the successor operator, provided that both
operators have complied with the requirements of the Mining Act and that the
successor operator agrees to assume the duties of the permittee with reference
to reclamation of the affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee` s
successor is not complying with the Reclamation Plan or other terms and
conditions of this permit, or is failing to achieve the purposes and
requirements of the Mining Act, the Department may give the operator written
notice of its intent to modify, revoke or .suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall
have right to a hearing at a designated time and place on any proposed
modification, revocation or suspension by the Department. Alternatively and in
addition to the above, the Department may institute other enforcement procedures
authorized by law.
Definitions
Wherever used or referred to in this permit,. unless the context clearly
indicates otherwise, terms shall have the same meaning as supplied by the Mining
Act, N.C.G.S. 74-49.
Expiration Date
This permit shall be effective from the date of its issuance until May 1,
2001.
Conditions
This permit shall be subject to the provisions of the Mining Act, 'N.C.G.S.
74�-46, et. seq. , and to the following conditions and limitations:

Page 3 of 6
OPERATING CONDITIONS :
1. Any wastewater processing or mine dewatering shall be in accordance with
the permitting requirements and rules promulgated by the Environmental
Management Commission.
2. Any mining process producing air contamination emissions shall be subject
to the permitting requirements and rules promulgated -by the Environmental
Management Commission.
3. Sufficient buffer shall be maintained between any affected land and any
adjoining waterway to prevent sedimentation of that waterway from erosion
of the . affected land and to preserve the integrity of the natural
watercourse.
4. A. A detailed Sediment and Erosion Control Plan shall be submitted to and
approved by the Department RLIon to commencing any land-disturbing
activities at this site.
B. Adequate mechanical barriers including but not limited to diversions,
earthen dikes , brush barriers , 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 or natural
watercourse in proximity to the affected land.
C. The surface of the haul road shall be stabilized with crushed stone.
The drainage ditches for the haul road shall be revegetated or rip
rapped to prevent erosion and off-site sedimentation.
5. 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 offsite damage because
of siltation, shall be planted or otherwise provided with ground cover,
devices or structures sufficient to restrain such erosion.
6. 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.
7. A. Existing vegetation or vegetated earthen berms shall be maintained
between the mine and public thoroughfares whenever practical to screen
the operation from the public.
B. Existing natural vegetation along the perimeter of the mine site and
vegetated earthen berms along the north and west edge of the mine
shall be used to screen the operation from public view. The berms
shall be a minimum of 5 feet high with a 16 foot top width and 2
horizontal to 1 vertical side slopes.

Page 4 of 6
8. Sufficient buffer (minimum of 100 feet) shall be maintained between any
excavation and any adjoining property line to prevent caving of that
property and to allow grading of the sideslopes to the required angle.
9. A physical barrier consisting of a fence or earthen berm, etc. , shall be
maintained around the perimeter of any highwall .
10. An Annual Reclamation Report shall be submitted on a form supplied by the
Department by February I of each year until reclamation is completed and
approved.
11 . A. The operator shall notify the Department in writing of the desire to
delete, modify or otherwise change any part of the mining ,
reclamation, or erosion/sediment control plan contained in the
approved application for a mining permit. Approval to implement such
changes must be obtained from the Department prior to on-site
implementation of the revisions.
B. A detailed Sediment and Erosion Control Plan shall be submitted to and
approved by the Department rp for to initiating any land-disturbing
activities at this site.
12. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a
$25,000.00 blanket .bond is sufficient to cover the operation as indicated
on 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.
13. A. Authorized representatives of the Division of Archives and History
shall be granted access to the site to determine the presence of
significant archaeological resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and
Human Skeletal Remains Protection Act," should the operator or any
person in his employ encounter human skeletal . remains, immediate
notification shall be provided to the county medical examiner and the
chief archaeologist, North Carolina Division of Archives and History.

Page 5 of 6
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan , the performance of
which is a condition on the continuing validity of that Mining Permit.
Additionally, the Reclamation Plan is a separable obligation of the
permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G.S. 74-53
1 . The final slopes in all excavations in soil , sand, gravel and other
unconsolidated materials shall be at such an angle as to minimize the
possibility of slides and. be consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be
provided in all excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in
accordance with accepted conservation practices and which is suitable for
the proposed subsequent use of the land.
4. No small pools of water shall be allowed to collect or remain on the mined
area that are, likely to become noxious, odious or foul .
5. The revegetation plan shall conform to accepted and recommended agronomic
and reforestation practices as established by the North Carolina
Agricultural Experiment •Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation
Plan herein incorporated. These activities shall be conducted according to
the time schedule included in the plan, which shall to the extent feasible
provide reclamation simultaneous with mining operations and in any event,
provide reclamation at the earliest practicable time after completion or
termination of mining on any segment of the permit area and shall be
completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
1. Provided further, and subject to the Reclamation Schedule, the planned
reclamation shall be to restore the mine excavation to a lake area and to
grade and revegetate the adjacent disturbed areas .
2. The specifications for surface gradient restoration to a surface suitable
for the planned future use are as follows:
A. The lake area shall be excavated to maintain a minimum average water
depth of four feet.
B. The sideslopes to the lake excavation shall be graded to a 3
horizontal to 1 vertical or flatter above the water level and 1 112
horizontal to 1 verticaJ or flatter below the water level .

Page 6 of 6
C. Any areas used for access roads wastepiles , screening, stockpiling or
other processing shall be leveled and smoothed.
D. No contaminants shall be dumped at the mine site. Scrap metal , trash
or other such waste shall be removed from the site and properly
disposed.
E. The affected land shall be graded to prevent the collection of noxious
or foul water.
3.. Revegetation Plan
After site preparation, all disturbed land areas shall be revegetated as
recommended by Mr. Dave Leatherwood with the Soil Conservation Service
dated January 21 , 1981 .
4. Reclamation Schedule
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 one
year of completion or termination of mining.
This permit, issued March 16, 1981 , is hereby renewed this 1st day of
May, 1991 pursuant to O.S. 74-52.
By: "-/ -
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment, Health and Natural Resources