20230727_Modification_43-03

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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary #"
DOUGLAS R. ANSEL NORTH CAROLINA
hverim Direclnr Environmental Quality
July 27, 2023
Ms. Mary Ann Hoerle
Heidleberg Materials Southeast Agg LLC
3825 Barrett Drive, Suite 300
Raleigh,NC 27609
RE: Elliot Sand& Gravel Mine
Mining Permit No. 43-03
Harnett County
Cape Fear River Basin
Dear Ms. Hoerle:
Your recent request to have the above referenced mining permit modified has been approved. The modification is
to increase the permitted acreage to 1,597.83 and to increase the affected acreage at this site to 1,260.11 acres as
indicated in the application and on the mine map dated April 26,2023. The modification includes the addition of a
177.67 parcel to the west of the existing operation and a partial release of a 203.15 acre parcel on the east portion
of the existing operation. The modification also includes a corporate name change. 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: 111.3.C, 111.4.C, 111.5, 111.8,
111.10.13, V111.3.
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 1,597.83 acres and the amount of land you are approved to
disturb is 1,260.11 acres.
Please contact me at(919) 707-9220 if you have any questions.
Sincerely,
David Miller, PE
State Mining Engineer
DM/ap
Enclosures
cc: Mr. Tim LaBounty
North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
_ 512 North Salisbury Street ' 1612 Mail Service Center I Raleigh.North Carolina 27699-1612
919,707.9200

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 ofN.C.G.S. §74-46 through 68,"The
Mining Act of 1971," Mining Permit Rule 15A NCAC 0513,and other
applicable laws, rules,and regulations
Permission is hereby granted to:
Heidelberg Materials Southeast Agg LLC
Elliott Sand &Gravel Mine
Harnett County- Permit No.43-03
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.

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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 rile 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.
II. Issuance and Modifications. N.C.G.S. 474-52.
February 3_1987: This permit has amended to add two tracts of land adjacent and contiguous to the existing
operation. Said tracts are the 114-acre Honeycutt Tract and the 178-acre Williams Tract.
November I, 1991: This permit has been modified to allow the on-site remediation of petroleum-
contaminated soils.
December 15, 1992: This permit has been modified to reduce the buffer zone from 200 feet to 50 feet
unexcavated along all permitted boundaries as long as tree plantings and spacings recently approved in the
renewal permit are implemented. In addition to the above tree plantings, a physical barrier such as a four-
foot tall, four strand barbed wire fence or other acceptable alternative must also be installed along NC 217
on the interior side of the tree plantings.
April 21, 1995: This permit has been modified to change the corporate name from Nello L.Teer Company
to Benchmark Carolina Aggregates, Inc.
November21, 1996: This permit has been modified to allow mining activities on an additional 56 acres
and to release 634.98 acres from the permitted area as indicated on the mine map received on October 14,
1996.
December 31, 1997: This permit has been modified to add an additional 277.5 acres to the permitted
acreage and to increase the affected acres as indicated on the mine map dated October 24, 1997.

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March 19, 2002: This permit has been modified to change the corporate name from Benchmark Carolina
Aggregates, Inc. to Hanson Aggregates Southeast, Inc.
August 7, 2003: This permit has been modified to increase the permitted acreage by 110 acres, decrease
the 200-foot buffer along NC Highway 217 to a 50-foot buffer,and release a 6-acre tract formerly utilized
for a shop/plant area.
August 27,2003: This permit has been departmentally modified to omit Operating Condition No.4D from
the recently modified permit dated August 7,2003. It should be noted that dewatering activities may occur
at the site.
February 15,2007: This permit has been modified to increase the permitted acreage to 1,093.26 acres and
the affected acreage at this site to 1,010.42 acres as indicated on the mine map last revised December 22,
2006. The modification includes the addition of 111.5 acres to the permit boundary, of which 76.4 acres
will be affected for excavation area, access roads, and wastepile areas. In addition, 8.9 acres previously
permitted will be converted to mine excavation,as noted on the mine map last revised December 22,2006.
January 18, 2008: This permit has been modified to increase the permitted acreage to 1143.82 acres as
indicated on the mine maps dated November 2007 because of more accurate mapping of the site.
October 26, 2009: This permit has been modified to change the corporate name from Hanson Aggregates
Southeast Inc. to Hanson Aggregates Southeast LLC.
August 21, 2012: This permit has been modified to increase the affected acreage at this site to 1038.63
acres as indicated on the Mining and Erosion Control Plan Map dated July 2012. The modification includes
the expansion of the future pit limits and the modification of the buffer widths along the northern permit
boundary with specific descriptions of said buffers. In addition, the modification includes the installation
and maintenance of all associated erosion and sediment control measures.
June 4,2013: This permit has been modified to increase the permitted acreage to 1294.24 and the affected
acreage at this site to 1076.72 acres as indicated on the Mining and Erosion Control Plan Map dated
February 2013. The modification includes the expansion of the permit boundary and mine excavation south
of NC Hwy. 217, the construction of new haul roads within the existing permit boundary and within the
new permit boundary, construction of two NCDOT crossings of NC Hwy. 217 and the installation and
maintenance of all associated erosion and sediment control measures.
June 30. 2016: This permit has been modified to increase the permitted acreage to 2015.07 acres and the
affected acreage at this site to 1528.0 acres as indicated on the Permit Modification Maps dated May 2016.
The modification includes the addition of approximately 720 acres for the expansion of mining activities
located on the eastern perimeter of the current permit boundaries, east of NC Highway 217 across Beaver
Dam Road to the Cape Fear River. The modification includes the installation and maintenance of all
associated erosion and sediment control measures.
December 1,2017: This permit has been issued for the life of site or the duration of the lease term.
November 7. 2019: This permit has been modified to increase the permitted acreage to 2040.07 acres and
the affected acreage at this site to 1547.46 acres as indicated on the Permit Modification Maps last revised
September 2019. The modification includes the addition of two"island"tracts located within the southern
portion of the site to the permitted and affected acreage.
March 23 2021: This permit has been modified to partially release four portions of land totaling 484.59
acres. The released areas are shown on the mine map updated November 2020 and received by the
Department February 19, 2021.
Jul, 2y 7,2023: This permit has been modified to increase the permitted acreage to 1,597.83 and to increase
the affected acreage at this site to 1,260.11 acres as indicated in the application and on the map dated April

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26, 2023. The modification includes the addition of a 177.67 parcel to the west of the existing operation
and a partial release of a 203.15 acre parcel on the east portion of the existing operation. The modification
also includes a corporate name change.
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. V4-51.
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:
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.
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. Sufficient buffer(minimum 50 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 Iand and to preserve the integrity of the natural
watercourse or wetland.
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.
C. Buffers shall be maintained as indicated on the Mine Maps dated April 26,2023.
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 drainage from the affected areas around the mine excavations shall be diverted internal
to said excavations.

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C. Mining activities, including dewatering activities and including the installation and
maintenance of the approved sediment basins and associated diversion channels, shall
occur as indicated in the application and on the Mine Maps dated April 26,2023.
D. Gravel construction entrances shall be installed at all access roads at the intersections of
said roads and NC State Roads using No. 57 stone or equivalent.
E. Access must be provided at all times to the Robert McNeill&Charlene McNeilI properties.
5. Permanently Marked Boundaries.
All mining permit boundaries(1,597.83 acres)shall be permanently marked at the site on 100-foot
intervals unless the line of sight allows for larger spacing intervals.
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 sedimentation, shall be planted,or otherwise provided with ground cover,devices, or structures
sufficient to restrain such erosion.
7. Surface Drainaae.
The affected land shall be graded so as to prevent collection of pools of water that are,or likely to
become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be
constructed or installed when required to prevent such conditions.
8. Blasting
No blasting activities shall occur at this site.
9. Visual Screening.
Existing vegetation or vegetated earthen berms shall be maintained between the mine and public
thoroughfares whenever practical to screen the operation from the public.
10. Buffer Between Mining Permit Boundaries and/or Right-of-ways.
A. Sufficient buffer shall be maintained between any excavation and any mining permit
boundary to protect adjacent property.
B. Buffers shall be maintained as indicated on the Mine Maps dated April 26,2023.
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,M ineral and Land Resources, Department
of Environmental Quality. The method of disposal shall be consistent with the approved
reclamation plan.

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B. Mining refuse as defined by N.C.G.S. §74-49 (i 4) 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. §74-49(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.
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.
IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S. V4-55.
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 A1212roval 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.

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VII. Archaeological Resources. N.C.G.S. 470-3.
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.
VIII. Approved Reclamation Plan. N.C.G.S. §74-53.
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 restore the mine excavation to a lake area and to grade and revegetate the adjacent
disturbed areas.
B. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:

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i. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.
ii. The side slopes to the lake excavation shall be graded to a 3 horizontal to I vertical
or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water
Iine.
iii. Any areas used for waste piles,screening,stockpiling,or other processing shall be
leveled and smoothed.
iv. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Condition Nos. 111.1 LA
through I11.1 I.D.
V. 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 per the Seeding schedule
included on sheet X-1 of the Mine maps dated April 26, 2023.
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.
IX. Issuance and Modification Summary. N.C.G.S. §74-51 and §74-52.
This permit,issued June 3, 1972,renewed April 9, 1982,modified February 3, 1987 and November I, 1991,
renewed November 23, 1992 modified December 15, 1992,April 21, 1995,November 21, 1996,December
31, 1997, March 19,2002,August 7,2003,August 27,2003 and February 15,2007,renewed and modified
January 18, 2008 and modified October 26, 2009, August 21, 2012, June 4, 2013, June 30, 2016 and
December 1, 2017, and November 7, 2019, is hereby modified this 27th day of July 2023 pursuant to
N.C.G.S. §74-52.
Douglas R. Ansel, Interim Director
Division of Energy, Mineral,and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality