47-16 LOM 2017

h ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
N---�
Energy,Mineral& TRACY DAVIS
Land Resources Director
ENVIRONMENTAL QUALITY
December 1, 2017
401 Sand Company LLC
401 Sand Company LLC
P O Box 122
Raeford, NC 28376
RE: Mining Permit No.47-16
A& H Mine
Hoke County
Dear 401 Sand Company LLC:
This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the
permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4,
2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site
or for the duration of the lease term. The"life of site" means the period from the.initial receipt of a permit for the operation
until the mining operation terminates and the required reclamation is completed.
Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior
expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your
part for this modification to be effective. Please attach this letter to your existing permit for future reference. The
mine name and permit number on the permit document, and all existing operating and reclamation conditions contained
therein, shall remain in full force and effect. Furthermore, all provisions of GS§74-51 and GS§74-52 still apply to all new,
transferred and modified mining permits.
In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining
permit operating fee of$400 per mining permit number. By statute, the initial payment of this annual$400 fee must be
submitted to this office by December 31, 2017—see the attached Invoice to remit the initial annual fee payment by this
deadline. Beginning in 2018, the$400 annual operating fee must be submitted by July 1 of each year with the required
Annual Reclamation Report as required by GS§74-55. Failure to submit the fee by the required deadline will result in a
$50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit.
Lastly, pursuant to GS§74-54, the cap on reclamation bonds has been raised from $500,000 to$1 million. Any
adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action
unless you contact this office with a written request to have your bond reevaluated.
The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The
responsibility of compliance with any applicable zoning regulations remains with you.
Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy
Wehner, Assistant State Mining Specialist, or me at(919)707-9220.
Sincerely,
1
William"Toby"Vinson, Jr., PE, CPM
Interim Director, DEMLR
Skate ot'North Carolina I Environmental Quality I Energy,Mineral and Land Resources
512 N.Salisbury Street 1612 Mail Service Center I Melnh.North Carolina 276991612
919 707 9200