Appendix B-Approved Halifax Co. CUP

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NORTH CAROLINA
HALIFA COUNTY
APPLICANT ILUM RESOURCES NO) LLC HALIFAXCOUNTY
CONDITIONAL USE PERMIT
PROPERTY OWNERS: SEE ATTACHED EXHIBIT A
PARCELIDY: SEEATTACHEDEXHIBITA
MEETING DATES: SEPTEMBER 10 2013 OCTOBER B 2013 AND NOVEMBER 12, 2013
DATE OF ISSUANCE: NOVEMBER 13. 2013
PROPOSED USE OF PROPERTY'. ILUHA AURELIAN SPRINGS MINE—SURFACE MINING S RECLAMATION
OPERATION OF MINERAL. SANDS
On the cases listed all the Halifax County Board of Adlushnentconducte d quasi-ludidal heann i s concerning an
application W issue a Condhlonal Use Permit far Me aforaisted proposed use of property at the afomated pmpery
loceton(s). On November 1$ 2013, Me Halifax County Board of Adjustmentvoted 4-0 (with one memberabstamng)to
APPROVE Me Conditional Use Pemritsubjecttocertain conditions setfont below.This Cordldon id Use Permttshall serve
as the Hall County Board of Adjustments warren decision pursuant io IN. Gen. Slat § 180 MB(e2)(1).
Having heard all the evidence and arguments presented at Me heamge Me Halpin County Board of Adjustment
Ends thatthe application is within the planninglurisdiction of Hall County and that Me application is complete, Mat Me
proposed use is in conformity with Me Halifax County Comprehensive Land Use Plan, thattM1ere is subetantial, competent
and material evdence that satisfactory provision and arrangement have been matte by the Applicant concerning Me
standardssOf dh In Section IO1.03(nofthe HaMax County LantlUce Ordinance. Specifically,Me Hald xCounty Board of
Adjustment Same upon and Sol among other emence contained in the whose record,Me factual infonnaton setforM by
the AppliWntin its Application,the Applicant's whether responses to Me standards sel NM in Secton 701ofthe Halifax
Land Use Ordinance (ExM1ibil D b Me Am anon), Me testimony and presentation of Chaney SOlsi Me Regesentadve
Noise Measurements contained in the November 11,20131atterfmm Jan D. FramireM Linda M. Lamb,the TreMCStudy
for the Aurelian Springs Mine bated July 2,2013,the Summary of V DMM E Information contained in the November 5.2013
letter from Jon D. Frazier and Me testimony of witnesses who live near the Applicant's mining operations in Vcginia. The
Halifax Board of Adjustment further finds that the proposed use, if subjected to the conditions recommended by step,will
not materially endanger Me public health or safety, will not substantially injure the value of adjoining or abutting property
and MII be in harmony with exiafing development and uses will the area in which it Is In M located, ant Met, Me
Conditional Use Permitter grants] subject b Me fallowing conditions recommended"a Halifax County Planning Stetf
which will helpensure compliance with Me taght(S)standard criteria Promote;satfont in Saudi)01.03U)ofthe Hall
Land Use Ordinance:
1. All federal, state, and local regulators and requirements shall be compiled with including NCDENR Division
of Energy, Mineral and Land Resourrs, NCDWO and NCDOT that govern this operation In Halifax County.
Upon request, a copy of all permits issued shall to forwarded M Me Halifax County Planning S Dev.
Department prior to commencement of wwk.
2. Them shall he constant coordination with NCDOT and Halm County m correct any Red problem or Issues
ansing with Me project I operation.
3. All required setbacks from fight of ways, property lines and all residences shall conform to the Halifax
County Zoning Ordinance and NCDENR Division of Energy, Mineral and Land Resources regulations.
4. hula Resources (NC)shall coral to partner with recogn'Ized mine reclamation 8 soil silence experts to
maximize post-mining ModucAvily and bull Issues related to sail prmuctiviy and sail stabilization.
5. All properties being mined shall post Me appropriate agnage on all sides W Me parcel.
S. I1 Resources (NC) shall implement a plan t0 mitigate Impacts to adjacent water well users. The plan shall
Include well repair and well replacement where problems I issues with wells have been detemr i ns]to be directly
aMbutable to nuka's mining mammon

If at any here after a Boreal use perms( has bcen 'asued be board of adjustment finds Mat Me central
imposed and agreements made have not been or are not being logged by the holder M a centlNonal use permit Me permit
shall immediately be revoked and Me operation of sun a use discontinued Violations of such conditions,when made part
of Metermsunderwh htheusepermdisgmnf , shall be Bernard a violation of the zoning odinance and punishable
uMer Section Bm thereof Its conditional use permit is terminated for any reason, it may be reinstabu onyaflera public
heeng is held.
IN WITNESS WHEREOF, Halifax County has caused Mts permit to be Broad in ill name, and Me thermal
Applicant does hereby accept MIs Gondltlonal Use Permit, together with all its conditions, as binding on Mein and their
succe33Ms in interest.
BY:
my Lee Bone, Jr. Chai
Halifax County BceN of justment
NORTH CAROLINA
HAUFMCOUNTY
I,2579j N/n AK/// .a Notary Publicforsak Countyand Stall, doherebyceNy MatTrovLce Bone. Jr.
personalywme tGfIXe me Mi tlayanowmwletlgetl Mathe is da�ofMe Halifav CounWWaM&Mue eMand
acknowedged on bMeff Mthe Halfan County BoaN of Adiustment the/due execution of the fre ogoing instrument.
Witness my hand and fAca se l es, this Me /5 dayof /✓o✓am6e/ 201j_
Notary Pul ' My commission expires 1GSJVA'r r5w/7
Seal STEVEN M. NOLLIOAY
Ismiw
Wu�, � La s
4a dle%Y Ym
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Chuck SElson, Project Manager for Me Applicant, Holds Resources MC) LLC, does hereby acknowledge receipt of Mis
Conditional Use Permit and that the Applicant has the consent of Me property owners in applying for and receiving this
CondfififornathisPermit. The undersgned Applicant does further acknowledge that no work may be done pursuant to this
permit except in aaoMance wide all M its condbions and requirements and Mat this Testa tron shall be binding on Me
Appllca/M Band me syuccessfful In interest.
/ fi Jf� Ma
husk Resour, Pmjed Manager
Iluka Reepurces (NC), LLG ''rr
STATE OF IVO�* CAADLIHM
SEAL COUNTY OF ! s
I U � a Notary PuNlc in and forsaid County and
Belle, do needy ceNy Mat oast appeared be ore me this day
and acknowledged Me due execNlon of Me M Ing ireVum L
WITNESS my hand and Noariel Seal Mis�C dsyof fVd iLMMYr . 20_�
My Commission Expires: OS\c"hb1c o\J II^^
Noary
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