20230714_Modification_92-06

01-
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
July 14,2023
Cole Atkins
Wake Stone Corporation
PO Box 190
Knightdale,NC 27545
RE: Knightdale Quarry
Mining Permit No. 92-06
Wake County
Neuse River Basin
Dear Mr. Atkins:
Your recent request to have the above referenced mining permit modified has been approved. The modification is
to decrease the permitted acreage to 556.72 acres and to increase the affected acreage to 339.57 acres as indicated
in the application on the Mine Maps revised June 22,2023, and the supplemental information received on June 8,
2023,and June 23,2023. The modification includes the expansion of the pit and a new temporary access road. The
modification is also releasing 19.1 acres from the western most mining permit boundary that is now owned and
controlled by the Wake Stone Property Company. 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 ensure compliance with The Mining Act of 1971. The
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: III.3.C, III.4.B, III.I0.B
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 556.72 acres and the amount of land you are approved to disturb
is 339.57 acres.
Please contact me at(919) 707-9220 if you have any questions.
Surely,
l ,q V
David Miller, PE
State Mining Engineer
DMIap
Enclosures
cc: Mr. Bill Denton, PE
AT QT North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh.North Carolina 27699-1612

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY,MINERAL,AND LAND RESOURCES
LAND QUALITY SECTION
PERMIT
For the operation of a mining activity
In accordance with the provisions of N.C.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:
Wake Stone Corporation
Knightdale Quarry
Wake County- Permit No.92-06
for the operation of a
Crushed Stone Quarry
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
In accordance with the application for this mining permit, which is hereby approved by the Department of
Environmental Quality,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 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.
I. Definitions. N.C.G.S. §74-49.
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.
H. Modifications. N.C.G.S. §74-52.
March 10, 1987: This permit has been modified to include the additional acreage recently acquired to the
west and contiguous to the existing quarry with the stipulation that a detailed Erosion/Sedimentation
Control Plan shall be submitted to the Department and written approval of said plan shall proceed the
initiation of both Phase One and Phase Two Expansion Areas as delineated on the Proposed Expansion
Map dated January 1987.
November 5. 1990: This permit has been modified to include the two(2)pit expansion areas,the plant and
office relocation, and the construction of the new process water reservoir as indicated in the modification
request and maps dated August 1, 1990, and supplemental information dated August 8, 1990, and August
28, 1990.
January 4, 1993: This permit has been modified to include the initial clearing of the Metromont Area and
the relocation of the equipment storage area and associated sediment and erosion control measures as
indicated in the Erosion and Sedimentation Control Plan submitted with the modification request dated
November 3, 1992, and the Knightdale Quarry Plant Site Plan dated February 10, 1989, and revised
November 2, 1992.
February 6, 1997: This permit has been modified to relocate the northern diversion channel to allow pit
expansion and to expand the affected acreage to include a Mobile Equipment Maintenance Shop and a
concrete plant as indicated on the Site Plans and E& SC Plan dated November 21, 1996.

Page 3
August 12,2003: This permit has been modified to increase the permitted acreage to 614.79 acres and the
affected acreage to 313 acres as indicated on the Permit Renewal Application Map last modified March 26,
2003. The modification includes the addition of recently acquired tracts into the permitted acreage and new
land disturbing areas related to pit expansion, a new rip rap stockpile area, new on-site roadways to be
associated with an asphalt plant being constructed on adjoining property, and the associated erosion and
sediment control plan for these modifications.
December 1.2017: This permit has been issued for the life of site or the duration of the lease term.
August 19,2019: This permit has been modified to increase the affected acreage at this site to 304 acres as
indicated on the Site Plan Map, Sheet 1 of 2, last revised June 4, 2019. The modification includes the
addition of 4.1 acres of new land disturbing activities for the construction of a new stockpile area and new
vegetated earthen berm. The modification includes the installation and maintenance of all erosion and
sediment control measures.
February 25,2022: This permit has been modified to decrease the permitted acreage to 575.82 and increase
the affected acreage at this site to 322.84 acres as indicated on the Mine Maps revised January 19, 2022,
and February 24,2022,and additional information received on November 23,2021,January 24,2022,and
February 24, 2022. The modification includes the addition of 18.84 affected acres within the permitted
boundary and the removal of 38.97 acres on the west side from the permitted area.
July 14, 2023: This permit has been modified to decrease the permitted acreage to 556.72 acres and to
increase the affected acreage to 339.57 acres as indicated in the application on the Mine Maps revised June
22,2023,and the supplemental information received on June 8,2023,and June 23,2023. The modification
includes the expansion of the pit and a new temporary access road. The modification is also releasing 19.1
acres from the western most mining permit boundary that is now owned and controlled by the Wake Stone
Property Company. The permitted acreage at this site is 556.72 acres and the amount of land you are
approved to disturb.is 339.57 acres.
This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017-
209 and has no expiration date. However, all provisions of N.C.G.S. §74-51 and N.C.G.S. §74-52 still
apply for new,transferred,and modified mining permits.
III. Operating Conditions. N.C.G.S. §74-51.
This Permit shall be subject to the provisions of the Mining Act,GS §74-46,et. seq.,and to the following
conditions and limitations:
1. Wastewater and Quarry Dewaterina.
A. Any wastewater processing or mine dewatering shall be in accordance with the permitting
requirements and rules promulgated by the N.C.Environmental Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance with any
applicable permit requirements and regulations promulgated by the Environmental
Protection Agency and enforced by the N.C. Environmental Management Commission. It
shall be the permittee's responsibility to contact the Stormwater Program to secure any
necessary stormwater permits or other approval documents.
2. Air Quality and Dust Control.
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.

Page 4
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. 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 shall be maintained between any affected land and any adjoining
waterway or wetland to prevent sedimentation of that waterway or wetland from erosion
of the affected land and to preserve the integrity of the natural watercourse or wetland.
C. All buffer zones shown on the Mine Maps last revised June 8, 2023 and June 22, 2023,
shall be maintained to protect adjoining property. These buffer zones, with the exception
of the installation of required sediment control measures and approved earthen berms,shall
remain undisturbed.
4. Erosion and Sediment Control.
A. Adequate mechanical barriers including but not limited to diversions, earthen dikes,
sediment 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 mining activities, including the installation and maintenance of all erosion and
sedimentation control measures,shall be conducted as indicated on the Mine Maps revised
June 8, and June 22, 2023, and additional information received on June 8, 2023 and June
22,2023.
C. An erosion and sediment control plan(s)shall be submitted to the Department for approval
prior to any land disturbing activities not indicated on the revised erosion control plan or
Mine Maps submitted with the approved application for a mining permit and any approved
revisions to it. Such areas include,but are not limited to,expansion outside of the approved
pit area,creek crossings,or expansion of overburden or waste disposal areas.
5. Groundwater Protection.
Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the
Department.
6. Graded Slopes and Fills.
A. The angle for graded slopes and fills shall be no greater than the angle which can be
retained by vegetative cover or other adequate erosion control measure, structure, or
device. In any event,exposed slopes or any excavated channels,the erosion of which may
cause off-site damage because of siltation, shall be planted, or otherwise provided with
groundcover,devices,or structures sufficient to restrain such erosion.
B. Overburden cut slopes along the perimeter of the quarry opening shall be graded to a
minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of
completion. Furthermore, a minimum ten (10)foot wide horizontal safety bench shall be
provided at the top of the rock and at the toe of any overburden slope.

Page 5
7. Surface Drainage.
The affected land shall be graded so as to prevent collection of pools of water that are,or likely to
become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be
constructed or installed when required to prevent such conditions.
8. Blasting.
A. The operator shall monitor each blast with a seismograph located at a distance no
farther than the closest off site regularly occupied structure not owned or leased by
the operator. A seismographic record including peak particle velocity, air overpressure,
and vibration frequency levels shall be kept for each blast (except as provided under
Operating Condition Nos. III.8.0 and III.8.E of this permit). The following blasting
conditions shall be observed by the mine operator to prevent hazard to persons and adjacent
property from surface blasting:
B. In all blasting operations,the maximum peak particle velocity of any component of ground
motion shall not exceed Figure 8-1(below) at the immediate location of any regularly
occupied building outside of the permitted area such as a dwelling house, church, school,
or public,commercial,or institutional building.
Figure 8-1-Allowable Peak Particle Velocity by Frequency
1a.a 10.0
m
U
0
� �0 2 intsec
> 2.0
m '
1.5
� � 1.5
1.0 f.0
0 0.9 0.7s intsec 0.9
4. 1
0_t
A 0.6 i 0.6
0.5
0.4 0.4
EY.� ` 1 0.3
e . 1t �
0.2
� � r
� c
I �
t 4 t0 20 30 100
Blast'Vibration Frequency, Hz
Figure I Altemative blasting level crrtene
(Source modified from figure B-r. Bureau of,dines R?8g ot)

Page 6
C. In the event of seismograph malfunction or other condition which prevents monitoring,
blasting shall be conducted in accordance with the following formulas:
W=(D/DS)2 (EQ. 8.1)
Dr.=D/W` (EQ. 8.2)
V= 160(DS)-'.6 (EQ. 8.3)
W = Maximum charge weight of explosives per delay period of 8.0
milliseconds or more(pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator. (feet).
DS = Scaled distance factor.
V = Peak Particle Velocity(inches per second).
The peak particle velocity of any component shall not exceed 1.0 inch per second, for the
purposes of this Section.
D. Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear
(dBL)as measured at the immediate location of any regularly occupied building not owned
or leased by the operator outside of the permitted area such as a dwelling house, church,
school, or public, commercial, or institutional building, unless an alternate level based on
the sensitivity of the seismograph microphone as specified below is being used:
Lower Frequency Limit of Measuring System(Hz) Max Level(dBL)
0.1 Hz or lower-flat response 134 peak
2.0 Hz or lower-flat response 133 peak
6.0 Hz or lower-flat response 129 peak
E. In the event of seismograph malfunction or other condition which prevents monitoring,
blasting shall be conducted in accordance with the following formulas:
U=82 (D/Wo-")-1.2 (EQ 8.4)
To convert U(psi)to P(dBL):
P=20 x log(U/2.9x10-9) (EQ 8.5)
Confined Air blast/Overpressure(dBL)for quarry situation:
A=P -35 (EQ 8.6)
U = Unconfined air overpressure(pounds per square inch).
W = Maximum charge weight of explosives per delay period of 8.0
milliseconds or more(pounds).

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D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator(feet).
P = Unconfined air overpressure(decibels).
A = Air blast or air overpressure for typical quarry situations(decibels).
The air blast/overpressure shall not exceed 129 decibels,for the purposes of this Section.
F. The operator shall maintain records on each individual blast describing:
i. date and time of the blast.
ii. the total number of holes.
iii. pattern of holes and delay of intervals.
iv. depth and size of holes.
V. type and total pounds of explosives.
vi. maximum pounds per delay interval.
vii. amount of stemming and burden for each hole.
viii. blast location.
ix. distance from blast to closest offsite regularly occupied structure.
X. weather conditions at the time of the blast.
Records shall be maintained at the permittee's mine office and copies shall be provided to
the Department upon request.
G. If ground vibration or Air blast limits are exceeded,the operator will immediately report
the event with causes and corrective actions to the Department. Use of explosives at the
blast site that produced the excessive reading shall cease until corrective actions approved
by the Department are taken. However,blasting may occur in other approved areas within
the permitted boundary. Authorization to blast at the blast site may be granted at the time
of the verbal reporting of the high ground vibration or high air blast reading if the
circumstances justify verbal approval. Failure to report will constitute a permit violation.
H. The operator shall take all reasonable precautions to ensure that flyrock is not thrown
beyond areas where the access is temporarily or permanently guarded by the operator.
Failure to take corrective measures to prevent flyrock and repeated instances of flyrock
shall be considered a violation of the Mining Permit.
I. Should flyrock occur beyond the permitted and guarded areas, the operator shall
immediately report the incident to the Department. Further use of explosives on the mine
site shall be suspended until the following actions have been taken:
i. A thorough investigation as to the cause(s)of the incident shall be conducted.
ii. A report detailing the investigation shall be provided to the Department within 10
days of the incident. The report shall,at a minimum,document the cause(s)of the
incident along with technical and management actions that will be taken to prevent
further incidents. The report shall meet with the approval of the Department before
blasting may resume at the mine site.
J. The operator shall provide to the Department a copy of the findings of any seismic studies
conducted at the mine site in response to an exceedance of a level allowed by these blasting
conditions. The operator shall make every reasonable effort to incorporate the studies'
recommendations into the production blasting program.

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K. The operator shall,when requested by the Department,give 24-hour advance notice to the
Division of Energy,Mineral and Land Resources' Regional Office prior to any blast during
a period for which notice is requested.
9. Highwall Barrier
A physical barrier consisting of large boulders placed end-to-end or fencing shall be maintained at
all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a
minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of
rock and the toe of any overburden cut slope.
10. Visual Screening.
A. Existing vegetation shall be maintained between the mine and public thoroughfares to
screen the operation from the public. Additional screening methods, such as constructing
earthen berms,shall be employed as deemed appropriate by the Department.
B. Vegetated earthen berms shall be located and constructed as shown on the Mine Maps last
revised June 8,2023, and June 22,2023. In addition to grasses, long leaf and/or Virginia
pines or other acceptable evergreen species shall be planted as deemed appropriate by the
Department to improve visual and noise buffering.
11. 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 Division of Energy,Mineral and Land Resources,Department
of Environmental Quality. The method of disposal shall be consistent with the approved
reclamation plan.
B. Mining refuse as defined by N.C.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 N.C.G.S. §7449(14)of the N.C. Mining Act of 1971):
i. on-site generated land clearing debris.
ii. conveyor belts.
iii. wire cables.
iv. v-belts.
V. steel reinforced air hoses.
vi. drill steel.
D. If mining refuse is to be permanently disposed within the mining permit boundary, the
following information must be provided to and approved by the Division of Energy,
Mineral and Land Resources prior to commencement of such disposal:
i. the approximate boundaries and size of the refuse disposal area.

Page 9
ii. a list of refuse items to be disposed.
iii. verification that a minimum of 4 feet of cover will be provided over the refuse.
iv. verification that the refuse will be disposed at least 4 feet above the seasonally
high-water table;and,
V. verification that a permanent vegetative groundcover will be established.
E. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a
valid air permit and are allowed to operate crushing operations for the purposes of recycling
and reuse provided that the following conditions are met:
i. Appropriate quality control measures shall be taken when the used concrete arrives
onsite to ensure that all such concrete processed onsite is clean, inert material.
ii. Used,clean concrete shall be temporarily stockpiled and processed within existing
approved affected areas draining to existing approved erosion and sedimentation
control measures.
iii. No used,clean concrete material shall be permanently disposed of onsite.
iv. Any foreign material that may be found within the used concrete must be separated
from the concrete and properly recycled or disposed off-site.
IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S.
An Annual Reclamation Report and Annual Operating Fee of$400.00 shall be submitted to the Department
by September 1 of each year until reclamation is completed and approved for release by the Department.
V. Prior Approval Required for Plan Modification. N.C.G.S. §74-52.
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 or any approved revision to it. Approval to implement such changes must be obtained
from the Department prior to on-site implementation of the revisions.
VI. Bonding. N.C.G.S. §74-54.
The security,which was posted pursuant to N.C.G.S. §74-54 in the form of a$1,000,000.00 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.
VII. Archaeological Resources. N.C.G.S. §70-3.
1. Minimum Requirements
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. §70-3, "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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VIII. Approved Reclamation Plan. N.C.G.S.
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.
To comply with N.C.G.S. §74-53 the approved plan will provide:
1. Minimum Standards.
A. 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.
B. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
C. 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.
D. No small pools of water shall be allowed to collect or remain on the mined area that are,or
are likely to become noxious,odious,or foul.
E. 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.
F. 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.
2. Reclamation Conditions.
A. Provided further, and subject to the Reclamation schedule, the planned reclamation shall
be to allow the quarry excavation to fill with water,provide a permanent barricade(fence)
along the top of any high wall, and grade and revegetate any areas in unconsolidated
material.
B. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
i. All areas of unconsolidated material such as overburden or waste piles shall be
graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to
insure slope stability.
ii. Any settling ponds and sediment control basins shall be backfilled, graded, and
stabilized or cleaned out and made into acceptable lake areas.
iii. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
iv. Compacted surfaces shall be disced, subsoiled, or otherwise prepared before
revegetation.

Page 11
V. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Conditions Nos. Ill.I LA
through Ill.11.D.
vi. 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 according to the Typical
Revegetation Plan submitted with the Modification Application received June 8,2023.
Whenever possible, disturbed areas should be vegetated with native wane 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.
IX. Issuance and Modification Summate. N.C.G.S. §74-51 and §74-52.
This permit, issued June 29, 1973,renewed September 29, 1983, modified March 10, 1987, November 5,
1990,and January 4, 1993,renewed September 21, 1993,modified February 6, 1997,renewed and modified
August 12, 2003, renewed September 20, 2013, and modified December 1, 2017, August 19, 2019, and
February 25,2022, is hereby modified this 14th day of July 2023 pursuant to N.C.G.S. §74-52.
i
Douglas R. Ansel, Interim Director
Division of Energy, Mineral,and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality