47-16 MOD 2014

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E.Skvada, III
Governor Secretary
May 28, 2014
Mr. John A. Lindsay
401 Sand Company
PO Box 122
Raeford, North Carolina 28376
RE: Permit No. 47-16
A and H Mine
Hoke County
Cape Fear River Basin
Dear Mr. Lindsay:
Your recent request to have the above referenced mining permit modified has been
approved. The modification is to reduce the affected acreage at this site to 83.3 acres as
indicated on the mine map last revised February 13, 2014. The modification includes
expansion of the mine excavation to the northeast and acceptance of the reclamation along
the haul road at the entrance of the mine site. The modification also includes the installation
and maintenance of the associated erosion and sediment control measures. A copy of the
modified permit is enclosed.
The conditions in the modified permit were based primarily upon the initial application.
Modifications were made as indicated by the modification request and as required to insure
compliance with The Mining Act of 1971. The expiration date, mine name and permit number
shall remain the same as before the modification. I would like to draw your particular attention
to the following conditions where minor additions or changes were made: Operating Condition
Nos. 4E, 9A and 9B.
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 189.1 acres and the amount of land
you are approved to disturb is 83.3 acres.
Division of Energy,Mineral,and Land Resources
Energy Section-Geological Survey Section-Land Quality Section
1612 Mail Service Center,Raleigh,North Carolina 27699-1612.919-707-9200/FAX:[phone]
512 North Salisbury Street,Raleigh,North Carolina 27604-Internet:http://portal.ncdenr.o[g/web/lr/
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Mr. Lindsay
Page Two
Please review the modified permit and contact Judy Wehner, Assistant Mining
Specialist, at [phone] should you have any questions concerning this matter.
Sincerely,
VS
ne . Boyer Pining Specialist
uality Section
JSB/jw
Enclosures
cc: Mr. Brad Cole, PE
Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures

DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
LAND QUALITY SECTION
PERMIT
For the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
401 Sand Company
A and H Mine
Hoke County— Permit No. 47-16
for the operation of a
Sand Mine
Which shall provide that the usefulness, productivity, and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: May 13, 2023

Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources, hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of
this permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation, or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at the 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
Whenever 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
April 6, 2004: This permit has been departmentally modified to change the permit number
from Mining Permit No. 48-04 to Mining Permit No. 47-16.
October 6, 2005: This permit, issued to John A. and Heidi Lindsay, has been transferred in its
entirety to 401 Sand Company and modified to increase the permitted acreage to 82.88 acres
and the affected acreage at the site to 80.88 acres as indicated on the mine map received by
the Land Quality Section on January 12, 2005. The modification includes the expansion of the
mine to the north and the construction and maintenance of all associated sediment and
erosion control measures.

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August 3, 2010: This permit has been modified to increase the permitted acreage to 116.5
acres and the affected acreage at this site to 88.45 acres as indicated on the mine map last
revised June 2, 2010. The modification includes expansion of the permit boundary and mine
excavation area to the northeast.
May 13, 2013: This permit has been modified to add 72.6 acres of undisturbed buffer to the
permitted area, as indicated on the mine map dated March 28, 2013. The modification results
in an increase of permitted acreage to 189.1 acres. Updated mapping of the site has also
resulted in a slight increase in affected acreage at the site to 90.0 acres.
May 28, 2014: This permit has been modified to reduce the affected acreage at this site to
83.3 acres as indicated on the mine map last revised February 13, 2014. The modification
includes expansion of the mine excavation to the northeast and acceptance of the reclamation
along the haul road at the entrance of the mine site. The modification also includes the
installation and maintenance of the associated erosion and sediment control measures.
Expiration Date
This permit shall be effective from the date of its issuance until May 13, 2023.
Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to
the following conditions and limitations:
OPERATING CONDITIONS:
1. A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Management Commission. It shall be the permittee's responsibility
to contact the Stormwater Program to secure any necessary stormwater permits or
other approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary shall
be utilized to prevent dust from leaving the permitted area.

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3. A. Sufficient buffer (75 foot undisturbed) shall be maintained between any affected
land and any adjoining waterway or wetland to prevent sedimentation of that
waterway or wetland from erosion of the affected land and to preserve the integrity
of the natural watercourse or wetland.
B. Any mining activity affecting waters of the State, water of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes,
check dams, sediment retarding structures, rip rap pits, or ditches shall be provided
in the initial stages of any land disturbance and maintained to prevent sediment
from discharging onto adjacent surface areas or into any lake, wetland or natural
watercourse in proximity to the affected land.
B. All drainage from the affected areas around the mine excavation shall be diverted
internal to said excavation or into the approved sediment basins.
C. Mining activities, including the installation and maintenance of the approved
sediment basins and associated diversion channels, shall be conducted as
indicated on the mine map dated March 28, 2013 and the supplemental information
received by the Land Quality Section on February 11, 2013, February 19, 2013 and
April 5, 2013.
D. A 100 foot long gravel or crushed stone construction entrance shall be constructed
and maintained at the intersection of the access road and SR 1302, using No. 57
washed stone or equivalent.
E. All mining activities associated with the expansion of the mine excavation area to
the northeast, including the installation and maintenance of all associated erosion
and sediment control measures, shall be conducted as indicated on the mine
map last revised February 13, 2014 and the supplemental information received
by the Land Quality Section on March 4, 2014 and April 22, 2014.
5. All mining permit boundaries (189.1 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.

Page 5
8. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9. A. Sufficient buffer shall be maintained between any excavation and any mining
permit boundary or right-of-way to protect adjacent property.
B. Buffers shall be maintained as indicated on the mine map last revised February
13, 2014.
10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained
around the perimeter of any highwall.
11. A. No on-site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse defined by G.S. 74-49 (14) of The Mining Act of 1971 generated
on-site and directly associated with the mining activity may be disposed of in a
designated refuse area. All other waste products must be disposed of in a
disposal facility approved by the Division of Waste Management. No petroleum
products, acids, solvents or their storage containers or any other material that
may be considered hazardous shall be disposed of within the permitted area.
C. For the purposes of this permit, the Division of Energy, Mineral, and Land
Resources considers the following materials to be "mining refuse" (in addition to
those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on-site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts
5. steel reinforced air hoses
6. drill steel
D. If mining refuse is to be permanently disposed within the mining boundary, the
following information must be provided to and approved by the Division of Energy,
Mineral, and Land Resources prior to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and

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5. verification that a permanent vegetative groundcover will be established.
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. 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.
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 required for this site, 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. 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.

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APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G.S. 74-53
1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices.and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or 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 regrade and satisfactorily revegetate any disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for planned
future use are as follows:
A. All the final perimeter sideslopes shall be graded to a 3 horizontal to 1 vertical or
flatter slope.

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B. Any settling ponds or sediment basins shall be backfilled and stabilized.
C. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before
revegetation.
E. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Condition 11A through D.
F. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the
Revegetation Plan approved by Mr. David G. Faircloth with the Natural Resources
Conservation Service on August 3, 2007.
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post-project wildlife habitat at the site.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of mining.
This permit, issued to John A. and Heidi B. Lindsay July 8, 1997, modified April 6, 2004
and transferred to 401 Sand Company, modified on October 6, 2005, renewed August
28, 2008, modified August 3, 2013 and renewed and modified May 13, 2013, is hereby
modified this 28th day of May, 2014 pursuant to G.S. 74-52.
By:
Tracy E. Davis, Director
Division Energy, Mineral, and Land Resources
y Authority of the Secretary
Of the Department of Environment and Natural Resources