86-13_1_Redacted

EQNORTH CAROLINA 11
Department of Environmental Quality

ROY COOPER
coven,ur'
MICHAEL S. REGAN
secremry
Energy-Mineral& TRACY DAVIS
Land Resources
ENVIRONMENTAL QUALITY
December 1, 2017
Benchmark Farming and Mining, LLC
Benchmark Farming and Mining, LLC
PO Box 1715
Clemmons, NC 27012
RE: Mining Permit No. 86-13
Benchmark Mine No.1
Surry County
Dear Benchmark Farming and Mining, 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 mining 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 [phone].
Sincerely,
William "Toby" Vinson, Jr., PE, CPM
Interim Director, DEMLR
Slate of North Carolina I Envlmnnteutal QUalily I Eucrgy,Mineral and land Resources
512 N Salisbury Strcet I lbl2 MUil Service Ccntor I Raleigh.North Carolina 2 769 9-1612
9I9 707 9200

r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
November 18, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 1300 0000 1125 4305
Mr. Stephen M. Frucht
Benchmark Farming and Mining, LLC
PO Box 1715
Clemmons, North Carolina 27012
RE: Mining Permit No. 86-13
Benchmark Mine #1
Surry County
Yadkin River Basin
Dear Mr. Frucht:
Your application for renewal of the above referenced mining permit has been approved.
A copy of the renewed permit is enclosed. The new expiration date is November 18, 2021.
The conditions in the permit renewal were based primarily upon the initial application.
Modifications were made as indicated by the renewal request and as required to insure
compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the
following conditions where minor additions or changes were made: Operating Condition Nos.
7D and 14.
As a reminder, your permitted acreage at this site is 6.86 acres and the amount of land
you are approved to disturb is 5.988 acres.
It has come to our attention that certain waterways in your area are public trust waters,
the beds of which are owned by the State of North Carolina for the use and benefit of the
people of the State. In such cases, mining the bottom of the waterway may require easements
from the State Property Office pursuant to N.C. Gen. Stat. § 146-8, and may be subject to the
State Environment Policy Act, N.C. Gen. Stat. §§ 113A-1, et. seq, in addition to the permit
requirements of the Mining Act of 1971, N.C. Gen. Stat. §§ 74-46, et. seq. We are working
with the State Property Office and Attorney General's Office to determine which waterways
would be included in these requirements.
1612 Mail Service Center,Raleigh, North Carolina 27699-1612 • Telephone [phone]/FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina,27604• Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.htmi
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper

I
Certified Mail
Mr. Frucht
Page Two
Since we have received the new $4,200.00 Assignment of Savings Account for this site,
I am returning the $3,700.00 Assignment of Savings Account previously held by this office to
you for your disposal.
Please review the renewed permit and contact Ms. Judy Wehner, Assistant State
Mining Specialist, at [phone] should you have any questions concerning this matter.
Sincerely,
Janet S. Boyer, PE r�
State Mining Specialist
Land Quality Section
JSB/jw
Enclosures
cc: Mr. Matt Gantt, PE
Ms. Shannon Deaton-WRC, w/enclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures

DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF 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:
Benchmark Farming and Mining, LLC
Surry County — Permit No. 86-13
for the operation of a
Sand Dredging Operation
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: November 18, 2021

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
March 18, 2008: This permit has been transferred in its entirety from Cecil Slate DBA as Slate
Sand to Benchmark Farming and Mining, LLC.
Expiration Date
This permit shall be effective from the date of its issuance until November 18, 2021.
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:

Page 3
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 Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact the
Division of Water Quality 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.
3. The channel of the waterway shall not be constricted or widened.
4. Any mining activity affecting waters of the State, water of the U.S., or wetlands shall be
in accordance with the requirements and regulation promulgated and enforced by the
N.C. Environmental Management Commission.
5. Only a hydraulic dredge shall be used to excavate material from the riverbed.
6. The following steps shall be taken at this mine site to ensure safety to boaters and
others who may use the section of the river covered by this mining permit:
A. Signs shall be placed on the northerly bank of the river at the upstream extremity
and the down stream extremity of dredging operations warning river traffic of the
dredging operation.
B. The dredge shall operate in the river only during daylight hours. When the
dredge is in operation in the river, the dredge shall at no time be operating closer
than twenty-five feet to the bank. The dredge shall face upstream, the direction
from which most all river traffic would approach the dredge. When river traffic
approaches, the operator shall cease pumping and idle. If river traffic is headed
around the southerly side of the dredge, the operator shall wait to resume
operations until the river traffic passes. If the boater is headed towards the
northerly side of the river, the side where the pontoon supported pipeline is
located, the operator shall exit the pilot house and flag traffic to the southerly side
of the river.

Page 4
C. The cables extending from the dredge to the bank shall be up and out of the
water at all times except possibly when one cable is slackened in anticipation of
moving the dredge using the opposite winch. This technique shall not be
undertaken when there is river traffic in the area. With the cables extending
upwards to the river bank, the cables shall be at least eight (8) feet above the
water level and easily avoidable by river traffic. Highly visible markers shall be
used to mark the cables.
D. If an anchor system set in the middle of the river is utilized, the cables extending
from the dredge to the anchor system shall extend parallel with the flow of the
river and shall be under water to a depth of at least three feet at the anchor. A
buoy shall be used to mark the location of the anchor.
E. No dredging operations shall be performed at any time when the level of the river
exceeds three feet above normal river level.
F. When the dredge is moored at the side of the river, all piping and portions of the
dredge shall be tied off such that no part of the dredge or equipment extends out
from the bank by more than twenty feet.
7. 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 or natural
watercourse in proximity to the affected land.
B. All surface water runoff from the processing, stockpile and wastepiles at the site
shall be diverted via appropriately sized and sloped diversions to the existing
sediment basins/pits or other appropriate erosion and sedimentation control
structures.
C. The boat ramp shall be stabilized with vegetation and rip-rap or large pieces of
concrete, such as lengths of broken curb and gutter, to prevent erosion and
sedimentation problems from occurring at the said boat ramp.
D. All mining activities, including the installation and maintenance of erosion and
sedimentation control measures, shall be conducted as indicated on the mine
map dated April 19, 2011.
8. A. Riparian vegetation shall be planted immediately to stabilize any exposed
riverbanks to prevent continued erosion of said riverbanks.
B. A minimum 40 foot wide undisturbed buffer shall be maintained along the
riverbank except in those minimal areas where access during the operation is
essential (i.e. boat ramps, discharge pipes, etc.). At such access points, all
stabilizing roots and stumps shall not be removed or otherwise disturbed on the
riverbank.

Page 5
C. No mining shall occur in the Yadkin River between May 1 and June 30 to protect
fish spawning activities in the mining area.
9. 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 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, and
6. 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
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
5. verification that a permanent vegetative groundcover will be established
10. 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 measures, 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.

Page 6
11. 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.
12. Sufficient buffer (minimum of 25 feet) shall be maintained between any mining activity
and any mining permit boundary, right-of-way, bridge abatement, or other source to
protect adjacent property.
13. 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.
14. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $4,200.00
Assignment of Savings Account, 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. 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 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.
16. 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.

Page 7
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 grade and revegetate the disturbed land areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The channel banks shall be restored to as near the natural condition as possible.

Page 8
B. The processing plant, dredge, dredge pipes and sediment basin pipes shall be
removed from the site upon termination of mining activities prior to final grading
and seeding of the affected area.
C. The processing, stockpile, and waste areas shall be graded and stabilized.
D. The access road shall be graded and stabilized.
E. All sediment basins shall be backfilled, leveled and stabilized.
F. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Condition Nos. 9.A.
through D.
G. 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 following:
Spring/Summer May 1-Sept. 15 Fall/Winter Sept. 15-April 30
Browntop millet 20 Ibs/a Rye grain 120 Ibs/a
Korean Lespedeza 20 Ibs/a Korean lespedeza 10 Ibs/a
Crown vetch 1 Ibs/a Crown vetch 1 Ib/a
On slopes greater than 3 horizontal to 1 vertical, use Sericea lespedeza instead of
Korean lespedeza.
Add one of the following to the above mixture:
Crown Vetch 5 Ibs/acre
Ladino Clover 5 Ibs/acre
Alfalfa 5 Ibs/acre
All disturbed riverbanks shall be planted with riparian vegetation. It is suggested that
reed canary grass be sown at a rate of 15 lbs. Per acre with a mixture of small trees
(dogwood, willow, alder and button bush) and large trees (red maple, green ash,
sycamore, cottonwood, bald cypress, river birch and catalpa).
Any woody debris (slash or large trees) removed during development of the site should
be placed along the outer stockpile/compost area construction limits in the form of brush
piles and downed logs to provide cover and nesting habitat for wildlife.
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.

Page 9
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 (2) years of completion or termination of
mining.
This permit, issued to Cecil Slate DBA as Slate Sand September 8, 2000 and
transferred to Benchmark Farming and Mining LLC March 18, 2008, has been renewed
this 18th day of November, 2011 pursuant to G.S. 74-52.
4491.James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

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Nov 02 11 10:17a Benchmark Custom Homes 336-766-3630 p.1
NCG020000 N.O.J.
and sealed by a Professional Engineer(P.E.)or qualified staH2 along with this application. A copy of the
design calculations should be Included Please see questions 18&19.
Table 1:Summary of Wastewater Permit Requirements
Quarterly Requires
Monitoring? A to CP
Mine Dewatering MID) Yes No Yes
No
MD Discharges that do not need treatment
other than E&SC to meet Permit conditions ✓ ✓
MD Discharges that need treatment other than
E&SC to meet permit conditions ✓ ✓
Process Wastewater
Other Recycle
Closed Loop Recycle ✓ ✓
Any Other Process W W ✓ ✓
Ir I For questions please contact the DWO Regional Office for your area (See page 7)
(Please print or type)
1) Mailing address of owner/operator(address to which all permit correspondence will be marled):
Owner Name evtc w ;n 'N ��—
m;K
Owner Contact _jrrB
Street Address
City CIS,nets State ZIP Code .�>p i Telephone es 3ti/� —J�} Fax: �'36 _�6' ?�
E-mail Address ��'Ti•rk����2��sprJ�li tiof
2) Location of facility producing discharge:
Facility Name eK0k L Mine �E
Facility Contact S
Street Address v
c"
City State�[[`ZIPCode
County y
Telephone No. �jZ/' ., C/ Fa- 36
Contact E-mail
3) Physical Location Information:
Please provide a narrative description of how to get to the facility(use street names,state road numbers, and
distance and direction from a roadway intersection).
AptG iGG ar A -
4) Latitude Longitude Longitude -,Sa77.62s7L.7
(degrees, inutes,seconds)
Swu-vcc02-,voi Page 2 of 9
Last revised 6/7/2010

0 © 'r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
August 5, 2011
Certified Mail
Return Receipt Requested
7008 1300 0000 1125 3605
Mr. Stephen M. Frucht
Benchmark Mining and Farming LLC
PO Box 1715
Clemmons, North Carolina 27012
RE: Benchmark Mine No.1
Permit No. 86-13
Surry County
Yadkin River Basin
Dear Mr. Frucht:
We have reviewed the renewal request your company submitted for the referenced
mine site. However, the following information is needed to continue processing your
application:
Provide proof that you have applied for a Stormwater permit ((NPDES permit) from the
Division of Water Quality.
Please be advised that our review cannot be completed until all of the items listed
above have been fully addressed. In addition, please note the Land Quality Section may
request additional information, not included in this letter, as the mining application review
progresses.
In order to complete the processing of your application, please forward two (2) copies of
the requested information to my attention at the following address:
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
1612 Mail Service Center,Raleigh, North Carolina 27699-1612 • Telephone [phone] FAX:[phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604• Internet:http://www.dlr.enr.slate.nc.us/pages/landqualitysection.html
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Certified Mail
Mr. Frucht
Page Two
As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days
from the date of your receipt of this letter to submit all of the requested information. If you are
unable to meet this deadline and wish to request additional time, you must submit information,
in writing, to the Director clearly indicating why the deadline can not be met and request that
an extension of time be granted. If an extension of time is not granted, a decision will be made
to grant or deny the mining permit based upon the information currently in the Department's
files at the end of the 180-day period.
Though the preceding statement cites the maximum time limit for your response, we
encourage you to provide the additional information requested by this letter as soon as
possible. Your prompt response will help us to complete processing your application sooner.
Please contact me at [phone] if you have any questions.
Sincerely,
�J)dit
h A. Wehner
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Matt Gantt, PE

O © �r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
July 8, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 1300 0000 1125 3353
Mr. Stephen M. Frucht
Benchmark Mining and Farming LLC
PO Box 1715
Clemmons, North Carolina 27012
RE: Benchmark Mine No.1
Permit No. 86-13
Surry County
Yadkin River Basin
Dear Mr. Frucht:
As per your request I am returning the $4,200.00 Assignment of Savings Account you
recently submitted for the above referenced mine site. The applicant on the assignment form
must agree with the permittee. The applicant on the assignment form should be Benchmark
Farming and Grading, LLC, not Stephen Frucht. I am enclosing a new form for your use.
If you or your bank has any questions concerning this matter, please contact me at
[phone].
S ncerely, nn r /qq
��iJ ClJ1,Y��
Ju ith A. Wehner
Assistant State Mining Specialist\
Land Quality Section
Enclosures
cc: Mr. Matt Gantt. PE _S
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone [phone] FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina, 27604• Internet:http://www,dir.enr.state,nc.us/pages/landqualitysection.html
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper

0 0
ASSIGNMENT OF SAVINGS YCOUNT
This Assignment, made and entered into the � �-day of , 20 (, by
and between &e4=cL/h'nina wnrf FarstlegLECof
(appl' ant) - (address)
City of .G�Prvrmow/ ,County of !� y State of North
Carolina and the Nonh Carolina Department of Environment a, dror d lure] Resources; and
WHEREAS, The undersigned .SfFAI Pvi pr r4X
. (applicant)
(hereinafter referred toas "Operator") is desirous of engaging in mining operations in the State of
North Carolina and such mining operations are subject to the provisions of the Mining Act of 1971,
Article 7, Chapter 74 of the General Statutes of North Cero!ina; and -
WHEREAS, NCGS 74-50 requires that mine operators obtain a permit from the Department -
of Environment and Natural Resources (hereinafter referred to as "Department") before engaging
in mining operations, and NCGS 74-54 requires that a surety bond in favor of the Slate be
maintained or other security be filed with the Department, m connection
with said permit; and pp
W HQER S, Operator has a savings//aacc�/punt in P p � -
at �Z ( �U (.P9/YlVdvb vc.rt... )) (bank."nppme) —
(addr City of ClPisr n e:a NC' , County of
�'f•� -State of North Carolina, Savings Account No.
and.
. . - WHEREAS, NCGS 74-54 authorizes the Department to accept from Operator an
assignment of a savings account in a North Carolina bank, in lieu of a surety bond;
NOW, THEREFORE, in consideration of the premises and the Department accepting an
- assignment of said savings account in lieu of a surety bond, the undersigned Operator does
hereby sell, assigqa tr nsfer/ set over to the Department of Environment and Natural Resources
-I'Cr/r 4005ga --4 Rona7fi!ttot dIollars ($ 4 ZtA OU " ) of the sums on
(dollar amount written) n .y -
deposit in his name in ,gglf City of —amau&dn [_
/ .(bank name)
County of State of North Carolina, pSa//vings Account No. _
rid further authorizes Bb
(bankneme)
to
Pay over to the Department of Environment and Natural Resources the above sum of
r"Jr f&tditil( -LiU fly red dollars if- O, 06 out of the above
(dollar amount written)
money deposit in the above account in.his name. -

o •
The condition of the foregoing assignment is that if the assignor Operator conducts the
mining operations faithfully, honestly, and lawfully and in compliance with the requirements of the
Mining Act of 1971 and applicable Rules and Regulations adopted pursuant thereto, then this
assignment shall be null and void; otherwise it shall remain in full force and effect. Compliance with
the requirement of the Mining Act of 1971 and applicable Rules and Regulations shall be
determined by the Department. nn
This assignment is made and the lL F�/.
(passbook,deposit book, etc.)
is to be held by the Department as collateral security for all direct or indirect liabilities of the
assignor Operator to the assignee Department that may arise by reason of the Mining Act 1971.
Article 7, Chapter 74 of the General Statutes of North Carolina.
This assignment shall be direct authorization to h �6 nn a' r bank name) J �'
to pay said sum to Department on demand by Department.
,fgNi
( rgnature of Applicant
{ S IF,HC, - N'�OREPIELD
,t N hiy FL N'e h Carolina. Sworn to befo
re
o th oultybey y __-y
I,t e,son day of0 // l
Notary PubliMy Commiso //
(Affix Seal)
ACKNOWLEDGEMENT BY BANK
T foregoing Assignment of Savings Account is hereby acknowledged thiX day of
, 20 11.. It is further acknowledged that'funds in the above mentioned
ac unt shall.not be disbursed except to the assignee, Department of ENR while the.assignment
remains in effect. �� �Q
This the d
n oZ3 ay of . 20 I ( by / fN�/�R c�.UqqS fIo- r 7?�
_ �-."! L-(Z(a,Jd/3.y l�l-�'/✓�'✓1d)"' / 77
rized (T7"'a Z..
(mailing address of bank) l
Sworn to before m t is eq3 day f . 20 �.
Notary Pub
S4PPON P �OCREhIEI D
Notary Public N nh C rolina -
My Commission Expires y 2 — ZO r o' r our y
. - (Affix Seal) r,e,zon -
Fs Y
PLEASE MAIL THIS FORM AND THE ATTACHED INSTRUMENT TO THE FOLLOWING
ADDRESS: .
LAND QUALITY,SECTION .
1612.Mail Service Center
Raleigh, NC 27699-1612

O •
Q
Jul 0 1 2011

SECTIONSENDER: COMPLETE THIS SECTION '--OMPLETE THIS .
■ Complete items 1,2,and 3.Also complete . Si nature
item 4 if Restricted Delivery is desired. Agent
X
■ Print your name and address on the reverse ❑Addressee
so that We can return the card to you. g, pwr ved 17�y(Ptin ed Na e) C. Date of Delivery
■ Attach this card to the back of the mailpiece, B__ l .YG '
or on the front if space permits.
rU
D. Is delivery address different.. s
1. Article Addressed to: If YES,enter delivery adtji6es below: .P10
n
11025 eon
Mr. Stephen M. Frucht p
Benchmark Mining and Farming LLC
PO Box 1715 3. e Certified
Type
ertifetl Mail Express Mail
Clemons, North Carolina 27012 ❑ Registered Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Numberi iT1i,` I" I
(rmnsfer from service label) 7008 1300 0000 1125 3070
PS Form 3811.February 2004 Domestic Return Receipt L/ 102595a2-M-154c

UNITED .STATES;P(3,5.111. RVi � :$:'1'.•"...' r ~hy `w;, P1f5�1-,6las&.Mafl"�.-,:<.
�{
.,..,Id8P$„,�„I;,.,!`��`'n^..,,�,
ISender: Please print your name, address, and ZIP+4 in this box
O
a.
ti
o t�
N co
C'I
Aj �t Division of Land Resources
I Z DENR- Land Quality Section
1612 Mail Service Center
t` n Raleigh,NC 27699-1612
' " i„I,i6.,L1LJ,L,1,1�„„1Li'L,„JLJ,IIJ,,1,1'�,C1.,I' ' • " ' �

o ©� a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist May 24, 2011 Dee Freeman, Secretary
Certified Mail
Return Receipt Requested
7008 1300 0000 1125 3070
Mr. Stephen M. Frucht
Benchmark Mining and Farming LLC
PO Box 1715
Clemmons, North Carolina 27012
RE: Benchmark Mine No.1
Permit No. 86-13
Surry County
Yadkin River Basin
Dear Mr. Frucht:
The review has been completed on the renewal request your company submitted for the
referenced mine site. However, the following is needed to continue processing your
application:
The reclamation bond was calculated for this site using the information submitted on the
mine map dated April 19, 2011. The reclamation bond for this site has been calculated to be
$4,200.00. The calculation worksheet is enclosed for your review and the bond or balance
($500.00) will be required prior to approval of this renewal.
For your convenience, I have enclosed a bond form, an assignment of a savings
account form and irrevocable standby letter of credit form for your use in securing the required
bond. The name on the security must be the same as the name appearing on the application
for a mining permit, i.e., Benchmark Farming and Mining L.L.C. In addition to one of these
alternatives, you may, upon request, substitute a cash deposit.
Please be advised that the renewal request cannot be completed until the new bond
amount has been received.
As required by G.S. 74-51 (h), you are hereby advised that you have 60 days from the
date of your receipt of this letter to submit the reclamation bond. If you are unable to meet this
deadline and wish to request additional time, you must submit information, in writing, to the
Director clearly indicating why the deadline cannot be met and request that an extension of
time be granted.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604 -Internet:http://www,dir.enr,slate.nc.us/pages/landqualitysection.html
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper

CERTIFIED MAIL
Mr. Frucht
Page Two
In order to complete the processing of your renewal request, please forward the bond to
my attention at the following address:
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Please contact me at [phone] if you have any questions.
Sincerely, �I
o
udith A. Wehner
Assistant State Mining Specialist
Land Quality Section
Enclosures: Bond Forms
Bond Calculation Worksheet
cc: Mr. Matt Gantt, PE

l�Piv1 'U1(�,�_,yt4/►1t(�.0 +�t tn��i
APPLICATION FOR A b11SG PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
g6 - 13
77ie following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range
Of$500 to $5,000 per affected acre)for each permitted mine site based upon the acreage approved by the
Departme tont be affected during the life ofthe mining permit. Please insert the a roximate acrea e or each
aspect ofthe mining operation that you intend to affect during the life of this mining permit(in addition please
nisei[ the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs
provided with this application form) OR you can defer to the Department to calculate voter bondfor you based
upon row maps and standard reclamation costs:
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE* COST
"failings/Sediment Ponds: rb Ac. X $ /5-006J /Ac. _ $ al "
Stockpiles: ,09 a Ac. X $ /lacool /Ac. _ $ /fps, (06
Wastepiles: Ac. X $ /Ac. _ $
Processing Area/Haul Roads: Ac. X $ f4960/Ac. _ $ 171571 .yD
Mine Excavation: q .90?Ac. X $ /Ac. _ $ �—
Other: Ac. X $ /Ac. _ $
TOTAL AFFECTED AC.: 6 .9aa Ae.
(TOTAL PERMITTED AC.: Ac.)
Temporary& Permanent Sedimentation & Erosion Control Measures
Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into
proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will
be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands.
a) Intemal Drainage 4 .101 _ Ac.
b) Positive Drainage /.0 S Ac. X $1,500.00
Inflation Factor: SUBTOTAL COST: $_ 35 1 a 5�
0.02 X SUBTOTAL COST: $ :�lSPA y U X Permit Life (1 to 10 years): /0
INFLATION COST: $ rl/ a
TOTAL COST = SUBTOTAL COST + INFLATION COST = $ ya 7s°J
Total Reclamation Bond Cost: $ OD
dJ
(round down to the nearest $100.00)
31 f706 4f0 A-% P�

Wehner, Judy
From: Sink, Scott
Sent: Tuesday, May 17, 2011 9:04 AM
To: Wehner, Judy; Rodgers, Ashley
Cc: Gantt, Matt
Subject: Mine permit review 86-13 Benchmark 1
-Details have been provided for the 8 inch outlet pipes.
-Boat ramp has been removed.
My comments have been addressed. I have no further comments.
Scott Sink
NC DENR Winston-Salem Regional Office
Division of Land,Resources, Land Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
1

® O
n j� MINrING CHECKLIST FOR ROUTING
Vlfeant s Name: �� ("*.t c_ M i n i el y Project Name: I C4 m j( �I
hC.1PCMlt No.:nyp Pj, county: I_LAn i-y Date xeutvCd:
Reviewer: / River Basfn Name:
❑ NCw I l Rennval ❑ Modoutfon (fxd&ycmlthoundarfes)
❑ Mo" (outside yC\nft,boundaTtef) ❑ TTanffa ❑ RdcasC
❑ Partied Release E Additional Iormatfon ❑ Fee Needed: $ ❑ FCC Received: $
Please mute entire application packMe to:
RCgfmd optee (z complete wytes attach the tiQs Regional opce Mining Ayyhcaaon Review
cheMst-to one copy and attach both the DWQand DAQ Mining Ayylicatian RMW Form-to the other copy;send both coyles to the Regional
Engineer)
Date: Routed 41a91 I Reed
❑ Dfvfsfon of Water Resources Date: Routed I Reed
❑ Nc Wildlife Remna commaston Date: Routed RCC'd
❑ US Fisk&Wildlife Soria Date: Routed Reed
(only new ayyhcgum and modification requests that add land to the yermtt)
Please route first 3 pia a I the ayyltcatton and any location mays to:
❑ Division of Parks&Recreation Date: Routed Reed
❑ NC Geolagfcal Survey Section Date: Routed Reed
❑ DfvfsWIt of Marine Fffhertes Date: Ranted Rted
❑ Division of Sold&Water Conservation (yho LEA) Date: Routed Ra'd
(only new ayyhcations and modificatfan requests that add land to theymnit)
❑ Division of Archives&HLSWIy Date: Routed Rec'd
(only new ayyhcatians)
❑ other. Date: Routed Reed
•oswyenk Date for CnmmentS: 51 &4 I I i (no We than 25 days from reutyt)
I
❑ Please note the following:
„ L)AjIA ,I Ao/)VJ
cp

April 26,2011
Attn: Judith A. Wehner
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
RECEIVED-]
RE: BenchMark Mine #1 APR 29 2011
Surry County
Yadkin River Basin LAND QUALITY SECTION
Dear Mrs. Rodgers:
Per your letter Dated March 4, 2011 we respond as follows:
Please see the revised attached map with the requested changes per your request.
1. Western boundary defined.
2. Undisturbed buffers defined and accounted for in computations on the revised
map.
3. Detail showing 8" pipe discharge into the river.
Please contact me if you need any further information concerning this matter.
Si Iy�
Steve Frucht
Benchmark Mining and Farming LLC
P.O. Box 1715
Clemmons, NC 27012

v s
APPLICATION FOR A MINING PERMIT
• A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment
ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the
mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart
similar to the following will be acceptable:
kCATEGORY AFFECTED ACREAGE
/Sediment Ponds 0.016
es 0.092
les p
ng Area/Haul Roads .229cavation 4.907
Other(Explain)Buffer along River Banks 0.872 V
Total Disturbed Acreage 6
NOTE:
IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC
INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN
THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS
THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE
WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS.
��
5 _ ` I �

RECEIVED
APR 2 9 2011
L.,hPin QUALITY SECTION

1SENDER: CdAWPL:'ETE THIS SECTION r"4PLETE THI�SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete . Signat e
Item 4 If Restricted Delivery is desired. X I ❑Agent
■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. ' B. 4ceived by(Pn d Na ) C. Dat of
■ D livery
Attach this card to the back of the mailpiece,
or on the front If space permits. G(1,° VC ✓✓ -
D. Is delivery,address differ from kem 17 ❑Yes
1. Article Addressed to: /� `� t
If VES,enterrtlelWvL,1 tlFre 'below: ❑No
MR STEPHEN M FRUCHT MAR ' 4011
BENCHMARK MINING AND FARMING
PO BOX 1715 3.IS Ice Type t CJEC �UIV 1
Cw0fled Me16t TEYicpress Ma1M�
CLEMMONS NC 27012 eglst reed Return Receipt for Me chantlise
-- ❑Insured Mail C.O.D.
4. Restricted Delivery?(Extra Fee) ❑yes
2. Article Number 7008 1300 0000 1130 8244
(Transfer from service label) (
PS Form 3811,February 2004R 6-(7n Domestic.Return Receipt t 102595a2-M-1W

9 11 RL 1
Ilnl,ul,lnl,l,luln lil„I,I„i®,Iu I,Inll,l n,ll,lul — -class Mall
age&Fees Paid
TC-TT-6449O-OBOZ;* Wcd 66ZT9TG694ZZ :30 3, 1 .
M3IAMN &lO3 335s32lOO47 ildNI92tio JO iit No.G-10
Z1.31sF1w1sod 01 Nanl3a
mild NO MOOM7 ONIOEi+�M�s"i� 4N•.
**00OO**
M32A3M NOJOt3tiUMNOJ O-L SIMUNn box
TT:TTf8O <'.O O N T --V 411-2� ZT9IHON
North Carolina Department of
Environment& Natural Resources
Land Quality Section
1612 Mall Service Center
Raleigh NC 27699-1612 F D
1740-7401

Ai
r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
March 4, 2011
Certified Mail
Return Receipt Requested
7008 1300 0000 1130 8244
Mr. Stephen M. Frucht
Benchmark Mining and Farming LLC
PO Box 1715
Clemmons, North Carolina 27012
RE: Benchmark Mine No.1
Permit No. 86-13
Surry County
Yadkin River Basin
Dear Mr. Frucht:
We have reviewed the renewal request your company submitted for the referenced
mine site. However, the following information is needed to continue processing your
application:
1. Please clarify the western permit boundary. It appears the mine area in the river
stops while the buffers continue to nowhere.
2. Provide acreage for the undisturbed buffers that are within the permit boundaries
(25 foot and 40 foot). Since there are undisturbed buffers within the permit
boundary, the permitted acreage will be more than the acreage your company
will be allowed to affect.
3. Provide details on how the six 8 inch pipes discharge into the river. In addition,
provide a boat ramp detail that includes a cross section and stabilization
methods.
Please be advised that our review cannot be completed until all of the items listed
above have been fully addressed. In addition, please note the Land Quality Section may
request additional information, not included in this letter, as the mining application review
progresses.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604• Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper

Certified Mail
Mr. Frucht
Page Two
In order to complete the processing of your application, please forward two (2) copies of
the requested information to my attention at the following address:
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days
from the date of your receipt of this letter to submit all of the requested information. If you are
unable to meet this deadline and wish to request additional time, you must submit information,
in writing, to the Director clearly indicating why the deadline can not be met and request that
an extension of time be granted. If an extension of time is not granted, a decision will be made
to grant or deny the mining permit based upon the information currently in the Department's
files at the end of the 180-day period.
Though the preceding statement cites the maximum time limit for your response, we
encourage you to provide the additional information requested by this letter as soon as
possible. Your prompt response will help us to complete processing your application sooner.
Please contact me at [phone] if you have any questions.
Sincerely,
��� ler
J dith A. Wehner
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Matt Gantt, PE

Wehner, Judy
From: Sink, Scott
Sent: Thursday, February 24, 2011 8:58 AM
To: Rodgers, Ashley; Wehner, Judy
Cc: Gantt, Matt
Subject: Benchmark 1 86-13 Review
-How will the six 8 inch pipes outlet into river. Provide detail.
-Provide boat ramp detail, x-section and stabilization.
Scott Sink
NC DENR Winston-Salem Regional Office
Division of Land Resources, Land Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
t

.AT,r - -•. r...'.e^^� +:19�1r�^..., .yF..k-vim _��.. _y„4� ..y .. ... ,-......—..w,ww..a..nyv.,.w-:..v.-.rr. y4..^YL+.N�` -r .,.. -. -,
MINING CHECKLIST FOR ROUTING
Ayy �.. fat G
+ �i�ino1N Revc�mc�� �= I
kcant's Name: L M+d.�.-a. Proj ect Name:
Ayylk./P(rmit No.: <rNo-1'3 County: 51AAA C4,- Date Received:
RCviCWCr: ( River Mix Name:
❑ NCW ©/Renaval ❑ Modification NAdeyermitbmedaries)
❑ Modiftratton (outsideyermit boundaries) ❑ Tran ff ❑ R&W
❑ Partial Release lAddtttanal i0 mota n ❑ Fee Needed: $ ❑ Fee Received: $
Please route entire ayylleatia/n�a a to:
Q ✓1/ tA)i C� n, SM I Litrgfffl[al Oft (2 W71ttc mytu; attach the-LCLS Regional Office Mining Ayylicauan Review
checklist-to one coyy and attach both the DWQand DAQ Mining Ayyhmtian Review Form-to the other cayy;send both copies to the Rtgtowl
Er}gtneer)
Date: Ranted I 'I t I Reed
❑ DtVWM of Water Resomrees Date: Routed I ( Reed
❑ NC Wildlife ReMrus Commission Date: Roul d Reed
❑ US Fish&Wilr(Itfe Service Date: Rotted. Red
(only new Theauans and fflod featian nquuts that add land to theyermit)
Please route first 3 Mes of the ayppltcatton amd arty Wan mars to.
❑ DtvWM 1 Parks&Recreation Date: Ranted Rec d
❑ NC GeolaBteal Survey Section Date: Routed Red
❑ Division/ Meta Fisheries Date: Ranted Reed
❑ Dtvtdon 1 Soil& Water Conservation (ylus LEA) Date: Routed Reed
(only new applications and mod$cauon rertuuts that add land to theymett)
❑ Division of Archives&History Date: Routed Reed
(only new applications)
❑ otk- Date: Ranted Reed
••Sitsfiense Date for Comments: 3 I y I I 1 (w later than 25 days from rccgt)
� I
❑ Pkau wte tke f owing:
v
—t L / J

February 3, 2011
Judy Wehner
Dear Judy,
I have enclosed two copies of the requested maps clearly labeling and showing the undisturbed buffers.
I also had the copies darkened so they are more legible. Please let me know if you need anything else.
My phone number is(336) 345-1345.
Thanks
Steve rucF ht
RECEIVED
FES 0 7 2011
LAND QUALITY SECTION

A7jA
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
November 8, 2010
Certified Mail
Return Receipt Requested
7008 1300 0000 1130 8961
Mr. Stephen M. Frucht
Benchmark Mining and Farming LLC
PO Box 1715
Clemmons, North Carolina 27012
RE: Benchmark Mine No.1
Permit No. 86-13
Surry County
Yadkin River Basin
Dear Mr. Frucht:
We have reviewed the renewal request your company submitted for the referenced
mine site. However, the following information is needed to continue processing your
application:
1. The mine map is not legible. Clearly label the permit boundary. Inside of the
permit boundary clearly show the 40 foot undisturbed buffer (except for the
access ramp and pipes) along the river. Clearly show inside the permit boundary
the 25 foot buffer along the adjoining properties. Indicate whether this buffer is
undisturbed or unexcavated.
2. If necessary, revise the permitted acreage to include the above buffers. Since
the 40 foot buffer is undisturbed , the affected acreage will be less than the
permitted acreage.
Please be advised that our review cannot be completed until all of the items listed
above have been fully addressed. In addition, please note the Land Quality Section may
request additional information, not included in this letter, as the mining application review
progresses.
In order to complete the processing of your application, please forward two (2) copies of
the requested information to my attention at the following address:
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604• Internet:http://www.dlr.enr.state.nc.us/pages/landqualitysection.html
An Equal Opportunity I Affirmative Action Employer-50%Recycled/10%Post Ccnsumer Paper

Certified Mail
Mr. Frucht
Page Two
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days
from the date of your receipt of this letter to submit all of the requested information. If you are
unable to meet this deadline and wish to request additional time, you must submit information,
in writing, to the Director clearly indicating why the deadline can not be met and request that
an extension of time be granted. If an extension of time is not granted, a decision will be made
to grant or deny the mining permit based upon the information currently in the Department's
files at the end of the 180-day period.
Though the preceding statement cites the maximum time limit for your response, we
encourage you to provide the additional information requested by this letter as soon as
possible. Your prompt response will help us to complete processing your application sooner.
Please contact me at [phone] if you have any questions.
Sincerely,
Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Matt Gantt, PE

� O
J
North Carolina Wildlife Resources Commission 9
Gordon Myers, Executive Director
MEMORANDUM
TO: Brenda M. Harris, Mining Program Secretary
Land Quality Section, DENR
FROM: Ron Linville, Regional Coordinato
Habitat Conservation Program
DATE: February 25, 2010
SUBJECT: Benchmark Mining & Farming LLC, Benchmark # 1 Mine, DLR No. 86-13, Yadkin
River, Surry County
North Carolina Wildlife Resources Commission (Commission) staff reviewed the subject application for
mining permit renewal. Our comments are provided in accordance with provisions of the Mining Act of
1971 (as amended, 1982) (G.S. 74-76 through 74-68 15 NCAC 5), the North Carolina General Statutes
(G.S. 113-131 et. seq.), and the North Carolina Administrative Code 15A NCAC 101.0102.
The application indicates that sand mining is proposed by hydraulic dredges (suction) equipment. The
applicant is requesting to renew an existing permit.
Portions of the Yadkin basin provides habitats for Smallmouth bass (Micropterus dolomieu), Largemouth
bass(Micropterus salmoides), Spotted bass(Micropterus punctulatus), Rock bass(Ambloplites rupestris),
Flat bullhead (Ictalurus platycephalus), Snail bullhead (Ictalurus brunnneus), and Redbreast sunfish
(Lepomis auritus) as well as the flathead catfish (Fylodictis olivaris). The Brook floater (Alasmidonta
varicosa) a state endangered and federal species of concern is known from the Yadkin basin.
This agency is concerned with direct as well as indirect (secondary and cumulative) impacts associated
with the mining of submerged lands, including stream and river beds. These mining activities tend to
have negative influences on channel stability, stream geomorphology, and aquatic habitat for fisheries and
listed species.
Credible research has shown that instream gravel and sand mining can result in numerous detrimental and
long lasting environmental effects (Bork 1999; Roell 1999; Brown et al. 1998; Meador and Layher 1998;
Hartfield 1993; Nelson 1993; Kanehl and Lyons 1992; and references therein). Some of the more
devastating effects to stream geomorphology are channel incision, lateral erosion, and headcutting. The
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]

Benchmark# I, DLR# 86-13 O Page 2 • October 26,2010
alteration of geomorphic structure may occur due to increased velocity and decreased sediment load
associated with mined areas. Excavation in the active channel lowers the streambed, creating a nick point
that steepens channel slope and increases flow. The nick point migrates upstream due to increased water
speed, i.e. headcutting. The deposition of sediments at a mine site results in a sediment deficient flow
leaving the site; this in turn results in the water picking up more sediment from the stream reach below
the mine site, ultimately resulting in bed degradation downstream. Both processes can move long
distances and headcutting can additionally move into tributaries. Channel incision can also cause lateral
instability due to increases in stream bank heights, resulting in bank failure. Channel instability further
increases transport of sediments downstream.
Direct effects of the extraction and changes in geomorphology include increased sedimentation and
turbidity, higher stream temperatures and reduced oxygen, lowering of the water table, decreased wetted
periods in riparian wetlands, loss of riparian habitat, reduction in primary productivity, reduction in food
availability, clogging of gills, and direct damage to aquatic organisms. These effects can extend far
upstream and downstream and can be cumulative. All of these adverse impacts can result in shifts in
species composition and a decrease in species diversity and abundance, and likely result in especially
perilous conditions for sensitive and rare species. Further, the effects of sand and gravel extraction on
stream ecosystem recovery time is extensive, and total restoration of severely affected streams has been
considered improbable.
Based on the literature, in stream mining operations alter aquatic habitat and adversely affect aquatic life.
Continued mine operations may have ongoing adverse effects further downstream as a result of the
factors discussed above. A specific concern is the potential for bank failures following the periodic
extractions, which would contribute to downstream sedimentation. We are also concerned that head
cutting may occur which further degrades aquatic habitat.
Providing there are no public trust issues and should the Division of Land Resources decide to issue the
permit, we offer the following non-prioritized recommendations to reduce impacts of the in stream
mining operation on fish and wildlife habitats:
1. Allow hydraulic dredging only.
2. Gravel mining should not be permitted pursuant to DLR policies and regulations.
3. There should be only one stabilized access area for a suction dredge and barge.
4. Mining should only occur within the near half of the river to provide undisturbed passage and
haven for benthic organisms and to ensure that movement or migration up and down the stream is
not totally impeded during and after mining activities.
5. When and if required, aquatic habitat surveys should be accomplished according to the sampling
protocol submitted to DLR (McBride, 22 May 2001). General habitat measurements should be
conducted to provide baseline environmental data. A minimum of 13 transects, spaced every two
mean stream widths, should be sampled per reach to adequately characterize the habitat
(Simonson et al. 1994). Reaches consist of the entire area of the mine site, upstream of the mine
site, and downstream of the mine site—totaling three reaches. Therefore, this means that 13
transects per reach will equal a total of 39 habitat transects. At each transect, measure water
temperature, (mean column), dissolved oxygen concentration (mean column), turbidity, bankfull
width (as described in Rosgen 1996), channel width, bank height, and bank erosion. Physical
habitat variables for water velocity distribution, mean depth, substrate composition [based on the
modified Wentworth scale (McMahon et al. 1996)], and instream structure types (cover) should
be measured at intervals of four equally spaced points on each transect. Additionally, riparian
buffer widths should be measured per transect. The resource agencies should be provided a
complete compilation of the results of the sampling. These baseline environmental data will
allow agencies to better evaluate possible environmental impacts and to further prescribe ways to

Benchmark# I,DLR# 86-13 ® Page 3 ® October 26,2010
minimize these impacts. Alternatively, the mine operator may take photographs of these same
areas to document any changes that may occur during the duration of the permit. Pictures should
be taken annually in winter (December/January) during normal flow conditions. Pictures should
be taken from the same location and with the same magnification each year. Photographs should
be catalogued in such a way that comparison of any site changes can be easily noted. These
photographs should adequately cover upstream and downstream portions of the river as well as
river mining segments. This photographic site history should be maintained during the life of this
and subsequent permits. These photographs should be provided to resource and regulatory
agencies when requested. If bank erosion or other issues are determined to have occurred,
general habitat measurements should be required in subsequent permits.
6. Downstream turbidity and bank erosion rates should be monitored periodically along the
sampling transects while the mining is in progress and compared to an upstream reference site.
The operator should maintain a record of all days on which mining occurs and the amount and
composition of material removed. This information should be given to the DLR and made
available to the resource agencies if requested.
7. All in-water activities and processing activities that would result in a discharge of water should be
prohibited during the species spawning season (1 May through 30 June) to protect the eggs and
young of resident fish species form sedimentation impacts.
8. Existing riparian vegetation should be maintained at current levels or better. A minimum 100-
foot native forested buffer between the mining activity and the stream should be provided or
restored if practicable. Existing buffers should not be diminished in width or habitat value.
9. Sediment basins and stockpiles of aggregate materials should be located outside of the river
buffer.
10. Mined materials should not be stockpiled within active floodplains. Stockpiling materials in this
area will make them more easily available for transport during flood events.
11. Any destabilized stream banks should be sloped to at least 3:1 and planted with a native
herbaceous seed mix [except that annual small grains (e.g., millet, wheat, and rye) should be
added to the mixture to provide a temporary cover until perennial species become established).
This stabilization should be done as necessary after each periodic extraction to ensure
maintenance of long-term stabilization. For final reclamation, native woody vegetation (e.g., tag
alder, silky dogwood, sycamore, river birch, musclewood) should be planted on the disturbed
banks. The balance of the riparian area should be planted with a mixture of native hardwood
species(e.g. sycamore, river birch, walnut, oak, red maple).
12. Sediment and erosion control structures should be maintained to minimize impacts to the stream
from silt and sediment loads. Excessive silt and sediment loads can have numerous detrimental
effects on aquatic resources including disrupting the food chain, destruction of spawning habitat,
suffocation of eggs, and clogging the gills of aquatic species.
13. Resource agencies should be granted right-of-entry to the mine site periodically to determine if
protected or listed species are being taken.
14. The mining permit should only be renewed for a period of three(3)to five(5)years.
15. Because land reclamation provides an opportunity to improve wildlife habitat, we recommend
that future site reclamation consist of planting herbaceous species and a variety of tree species
that will be attractive and beneficial to wildlife. Fescue-based grass seeding provides little value
for wildlife. Only native species should be used for stabilization and restoration activities.
Wildlife biologists with this agency should be contacted for additional information about native
plants useful for mine site reclamation that are beneficial to site stability and wildlife.
Thank you for the opportunity to provide input on this issue. If we can be of further assistance, please
contact me at 336-769-9453.

Benchmark # I, DLR# 86-13 ® Page 4 ® October 26,2010
Literature cited:
Bork, Karrigan. 1999. Floodplain and instream mining, a TU primer. Trout Unlimited, Arlington,
Virginia.
Brown, A.V., M.M. Lyttle, and K.B. Brown. 1998. Impacts of gravel mining on gravel bed streams.
Transactions of the American Fisheries Society 127:979-994.
Hartfield, P. 1993. Headcuts and their effect on freshwater mussels. Pages 131-141 in K.S. Cummings,
A.C. Buchanan, and L.M. Kock, eds. Conservation and management of freshwater mussels.
Proceedings of an Upper Mississippi River Conservation Committee (UMRCC) symposium, 12-
14 October 1992, St. Louis, Missouri, UMRCC, Rock Island, IL.
Kanehl, P., and J. Lyons. 1992. Impacts of in-stream sand and gravel mining on stream habitat and fish
communities, including a survey on the Big Rib River, Marathon County, Wisconsin. Wisconsin
Department of Natural Resources Research Report 155, Madison.
McMahon, T.E., A.V. 'tale, and D.J. Orth. 1996. Aquatic habitat measurements. Pages 83-120 in B.R.
Murphy and D.W. Willis, eds. Fisheries Techniques, Second Edition. American Fisheries
Society, Bethesda, Maryland, USA.
Meador, M.R., and A.O. Layher. 1998. Instream sand and gravel mining: environmental issues and
regulatory process in the United States. Fisheries 23(11):6-13.
NCAFS (North Carolina Chapter of the American Fisheries Society). 2002. Position paper on instream
sand and gravel mining in North Carolina. NCAFS, Raleigh.
Nelson, K.L. 1993. Instream sand and gravel mining. Pages 189-196 in C.F. Bryan and D.A.
Rutherford, eds. Impacts on warmwater streams: guidelines for evaluation. Southern Division,
American Fisheries Society, Little Rock, Arkansas.
Roell, Michael J. 1999. Sand and gravel mining in Missouri stream systems:aquatic resource effects and
management alternatives. Executive Summary. Missouri Department of Conservation,
Columbia, Missouri.
Rosgen, D. 1996. Applied river morphology. Wildland Hydrology, Pagosa Springs, Colorado.
Simonson, T.D., J. Lyons, and P.D. Kanehl. 1994. Quantifying fish habitat in streams; transect spacing,
sample size, and a proposed framework. North American Journal of Fisheries Management
14:607-615.
Attachment: Seed Mixes for Revegetating Disturbed Sites
E-copy: Allan Ratzlaff, USFWS
Cc: Steve Frucht, President Benchmark Mining&Farming,LLC

Benchmark# I,DLR# 86-13 ® Page 5 ® October 26,2010
Seed Mixes for Revegetating Disturbed Sites
Basic Mix
Oats (Mar-Jun), Wheat(Jul-Nov), or Rye Grain(Dec-Feb) 1-2 bags/ac $ 5-10 ba
Red Clover Tri olium pratense 10 Ibs/acre
Creeping Red Fescue Festuca rubra 20 Ibs/acre
-The Basic Mix can be sown on disturbed sites in the mountains and upper piedmont year round but
spring or fall seeding will result in a better stand. It is important to use all of the components of the Basic
Mix. The cover crop grain& legume provide rapid green-up while the creeping red fescue is developing.
These components can be obtained locally.
- Grains like oats, wheat, and rye may be sold by weight(pounds) or by volume(bushels).
To simplify things, this mix recommends 1 —2 BAGS of grain rather than pounds or bushels. With this
mix, 1 bag or about 50—60 Ibs per acre should be adequate for most sites, but where slope or soil
conditions warrant, increase grain amounts to 100— 120 Ibs(use 2 bags).
-The perennial grass will establish within the first year and is the key to good site stabilization. Creeping
red fescue has a wide range of adaptation when used for erosion control along roads and highways; cuts,
fills, and other disturbed areas;and for stream and channel bank stabilization. It thrives in sun or shade,
and is drought-resistant after establishment.
For permanent seeding of harsh dry sites, Hard Fescue Festuca 10 lbs/acre $ 3 /lb
brevi ila (syn. trachyphylla can be added to the Basic Mix
Application Notes
- Disturbed sites with loose soils can usually be sown without extensive seedbed preparation if seeded as
soon as the other work is completed.
- Where necessary, prepare seedbed with conventional farm equipment(tractor and disk), or the soil
surface can be bladed and then tracked with a bulldozer. Hydro-seeding can be used with the Basic Mix
for slopes where equipment access is difficult.
- Red fescue is adapted to sandy and acid soils so extensive soil amendments are usually not needed. On
poor and subsoil sites, a low nitrogen fertilizer such as 5-10-10 may be required.
- If required, apply any necessary soil amendments, then drill or broadcast the seed mix.
-The larger cover crop grains can be sown separately first and covered lightly to prevent loss of seed
from wildlife such as turkeys and doves.
-The rest of the seed mix should then be sown, but not covered with soil. It is better to firm the small seed
into the soil than to try to cover it.
- Culti-pack conventional seedbeds to ensure good seed-to-soil contact. Tracked sites will fill in on their
own from rainfall.

Benchmark# 1,DLR# 86-13 ® Page 6 ® October 26,2010
Apply straw mulch at a minimum of 15 bales per acre to help enhance soil moisture as well as hold the
soil in place until the seed germinates. Use higher rates as site conditions warrant.
- If the site calls for it, natural fiber matting is recommended over plastic matting or matting that contains
strands of plastic that can entrap small animals.
- Monitor the site until the perennial grass component is fully established. Mature stands of the Basic Mix
are short-statured and will not require mowing. The seeded mix should persist for many years, but will
eventually yield to developing successional species.
-Native wildflowers and grasses can be added to the Basic Mix to beautify and diversify the site, and
provide food and cover for wildlife such as deer, turkey, quail, and songbirds. The following lists contain
native species that are reasonably priced as natives go. The easy, proven performers are listed at the top of
the tables, with the more challenging species towards the bottom. These seeds can be ordered from a
reputable seed dealer. For sources, refer to Wildlife Seed List at
htip://www.ncwildlife.org/Wildlifc Species Con/WSC WPM htm .
- Mixes with native seed can be culti-packed or tracked in with a bulldozer; hydro-seeding is apparently
not recommended. Mixes with mainly wildflowers can be sown in early fall.
Note- when adding native Panicum grass seed, sow the mix in late fall, winter, or early spring to subject
the seed to cool, moist soil conditions necessary to break seed dormancy. Sowing during the warmer
months may delay Panicum germination until the following year, and some seed may be lost in the
i uteri m.
- For information on each native species listed here, visit http://alants.usda.gov/; type in the scientific
name in the search box. Note- adding natives will increase the height of the resulting stands, providing
good wildlife habitat. Frequent mowing destroys food& cover and is not recommended. Mow once every
few years, in late winter, only if absolutely necessary to remove encroaching woody vegetation.
Nativespecies for dry sites—add to Basic Mix at 1-2 Ibs/acre
Black Eyed Susan Rudbeckia hirta $ 16/lb
Showy Partridge Pea Chamaecrista (Cassia)fiasiculata $ 14/ lb
Lanced-leaved Coreo sis Coreo sis lanceolata $ 14/ lb
Switch ass Panicum vir atum `Blackwell' $ 8/lb
Big Bluestein Andro 0 on gerardii $ 10/lb
Purple Coneflower Echinacea purpurea $ 20/ lb
Deerton ue Dicanthelium (Panicum) clandestinum `Tio a' $ 12/ lb
Nativespecies for damp sites—add to Basic Mix at 1 lb/acre
Showy Bidens Bidens aristosa $ 16/ lb
Black Eyed Susan Rudbeckia hirta $ 16/lb
Showy Partridge Pea Chamaecrista (Cassia)fasiculata $ 14/lb
Pennsylvania Smartweed Polygonum pensylvanicum $ 16/lb—
Switchgrass Panicum vir atum `Cave-in-Rock' or `Kanlow' $ 9/lb
Smooth or Fall Panic ass Panicum dichotomi drum $ 10/lb
Beaked Panic ass Panicum antes $ 16/lb
NCWRCR010

® o
RECEIVED
OCT 28 2010
LAND QUALITY
MINING PROGRAM

Wehner, Judy
From: Wehner, Judy
Sent: Monday, November 08. 2010 11:11 AM
To: 'sfru cht@bel(south.net'
Subject: renewal of Bencmark Mine#1
Attachments: 86-13 ADILET 2010.doc
Herd's the letter I am sending you. We need to update the map. Call me with any questions.
------------------------------------------
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
t

e e
Wehner, Judy
From: Sink, Scott
Sent: Friday, November 05, 2010 12:41 PM
To: Wehner, Judy; Rodgers, Ashley
Subject: 86-13 Benchmark 1 Review Comments
Judy &Ashley,
This plan is pretty faded but has not changed. The actual mining disturbance is minimal. Matt said there were no
problems in the field with sediment. With that said, I do not have any problems with the plan.Take care.
Scott Sink
NC DENR Winston-Salem Regional Office
Division of Land Resources, Land Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice:{336) 771-5000
FAX: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
1

O
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Beverly Eaves Perdue Thomas A. Reeder Dee Freeman
Governor Director Secretary
October 25 2010
MEMORANDUM
"r0: Judy Wehner
Land Quality Section RECEIVED
FROM: Paul Williams OCT 2 J 2010
Ground Water Management Section
Division of Water Resources LAND QUALITY
NAMING PROGRAM
SUBJECT: Comments on the Mining Permit Renewal Request for:
Benchmark Mining and Farming, LLC
Benchmark 41
Surry County
Please find attached a copy of the mining permit renewal request for the above referenced project.
The Benchmark 91 Mine located in Surry County does not appear to have an unduly adverse effect on ground
water supplies since there is no dewatering proposed on site. If it becomes necessary to begin pumping water
from the mine to stabilize mining activities,the Division of Water Resources would like to be contacted so that
it may further investigate any potential effects on potable ground water supplies.
Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water
withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statue requires any
non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface
water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any
one day of surface water from one river basin to another river basin to register and update their water transfers.
Water withdrawal registrants must complete the annual water use reporting form by April I for the previous
year.
If you have further questions please contact the Division of Water Resources at [phone] or send
correspondence to 1611 Mail Service Center, Raleigh NC 27699-1 6 1 1.
1611 Mail Service Center,Raleigh,North Carolina 27699-1611 One
Phone:[phone] FAX:[phone] Internet:www.ncwater.org North Carolina
AnF.nnA 0.wdnnitv1Affumative Action Emnlnver-.A)%Rw.Yclod110%Post Consumer Pnnnr N to a L

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
October 13, 2010
MEMORANDUM
TO: Mr. Nat Wilson
Habitat Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harri��` —
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Renewal for Benchmark Mining & Farming LLC
Benchmark #1
Surry County
Mine Dewatering Proposed ® No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit renewal request for the above
referenced project.
Please review this information and advise as to the probability of this operation having unduly adverse
effect on November 5, 2010 so that we may complete our review of this request within our statutory time limits.
Any comments your agency can provide regarding potential effects on potable groundwater supplies
and groundwater quality will be appreciated. We would like to have any recommendations you may provide for
permit conditions, for reasonable protection of groundwater quantity or quality.
If your staff wishes to perform a site inspection, it is recommended that they contact the person
submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the
person noted in the application.
PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS
TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner [phone] if
you have any questions.
/bmh
Attachments Qr �
cc: Mr. Matt Gantt OCT 15 2010
N OF WATER RESOLVM
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574/FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina,27604

Print this form to PDF Return PDF of this form to DLR CO by email. cc DLR RO and DWQ SPU
MINING PERMIT APPLICATION AIEW FORM
forthe
DIVISION OF WATER QUALITY OCT 1 0 20)0
THIS SECTION TO BE FILLED OUT BY DLR: W'"
Project Name: Benchmark#1 Mine DLR Permit#: 86-13 County: Surry Address: PO Box 1715,
Clemmons, NC 27012
YES NO Date Commencing
Is this mine a new mine? r r' ' 2000
Have land disturbing activities
started? Date? r. r 2000
Latitude: 36.2811 Longitude: -80.6311 —
lease return comments at DLR CO): Judy Wehner RECEIVED
e : 11/5/10 OCT22'�p19
SECTION BELOW TO BE FILLED OUT BY DWQ:
Is the RO concerned that the operation, as proposed, would violate standards of water quality? IVC�
Comments: \f
Watershed/Stream Name & Classification: l k I 1
DWQ Compliance Status of Mine: �O 'fie-CDr�A
YES NO
NPDES permit required? 6Z' c_�wZ� � r �
NPDES permit existing? r (Permit # )
If an NPUE$ R miit is not°'t q ired, is DWQ - '
still concerned about wetland degradation ON
b dewatering?
Should permittee contact DWQ RO
immediately? (e.g. to schedule a site visit if RO Contact Name:cl-ttZy �tac(5�41 f-
mine has already begun digging or is Contact Reason:-Cv--�s CoK.r2e9-
dewatering without DWQ permit) LL4-Ac6-� op-bsS pxrm �
401 Wetland Cert required? r - El "
401 Wetland Cert. existing? r ' Permit#
Does DWQ R0"currently` have'enougFi
information to determine if a 401 � ❑ ,
Uc—ert i fil 6—a t i i5rij is,re wired?.
Rev September 2010

Print this form to PDF Return PDF of this form to DLR CO by email.cc DLR RO and DWQ SPU
YES NO
Are wetlands di'sturbed'at'this site? r
Does DWQ RO suspect or know of nearby r ,
wetlands to the site?
Is a wetland delipeatior required prior to r 'By r JD or r Consultant,
DWQ issuing the permit? r Onsife? Eq
Or ri Offsite? F
Stream Determination Needed? r
p
Stream Determination Com leted? r .
Does DWQ RO need a statement that no
wetlands/streams are disturbed r
for this project from applicant?
Buffer Determination Needed? r-I,
a
Buffer Determination Completed? r
Rec cle's stem ermit existin ?*' Permit#
New Recycle System permit required?` r
Enough information to determine?
Non-d1.ischarge permit existin-?'
Will wastewaters discharge to HQW waters r 7Q10
with a 7Q10=0? " Unknown (permittee determine): r Flow:
®ri0ther.
r.,,axHas ViolationO&M'Requirem'en'Does DWQ require DLR to hold the permit
"(e°:g so DWQ can review it further or y HQW17Q1.0 Concerns because DWQ requires more information)? Reason: �D t�l�� t 1\k } ""
RO contact: ^
r HoIdUMi :
Mine must wait to dewater until an O&M r
plan is approved?
'The NPDES SW and WW permit NCG020000 covers closed-loop recycle systems designed to exclude all stormwater run-off from
the system and operate at or below two-feet of freeboard. These systems may be permitted by a Non-discharge Recycle System
Permit from the Aquifer Protection Section (APS) OR may instead be permitted under NCG020000 to eliminate an additional permit.
Recycle systems that do not meet those criteria are considered discharging systems and are subject to the NCG020000 discharge
permit.
`"To obtain 7Q10 flows,permittees must contact the DWQ Stormwater Permitting Unit. If DWQ does not have a flow estimate fore
specific stream,permittees will be askO to obtain one. Permittees should contact J. Curtis Weaver at the USGS:919-571-4043, for
more information on obtaining a 7Q1 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies.
Reviewed by:
DWQ RO Surface Wate .: Regional Office:�bDate: 10 MG 2j51 r
RO Aquifer Protection Section: Regional Office: Date:
SPU DWQ Central Office Reviewer (if applicable):
Rev September 2010

MINING PERMIPAPPLICATION REV9W FORM
for
DIVISION OF AIR QUALITY
Project: Mt^)4- --i� l County: SQR&4
"Due Date for Comments Back to Land Quality Section::a o
Air Quality Section Review: Assigned to:
Date P.eview Completed:
Will the operation, as proposed, violate standards of air quality?
Comments:
YES NO
Air permit required — —
Air permit existing _ (Permit
Comments:
Approved by: Date:

• • rf. �,.,,,m,...,,,.... - r -..._•-.....F,y '�'mKSW .. ..�y,�. --.•wnayw ; .ri�T�t�rt.l' „-,.�,aA`i�"-I�.al:a�Cr^"
MJI�NING CHECKLIST FOR ROUTING
Ayylleant,s Name: I Sv.,.l M N 4 ,I f l,M . . !. A... l Pro/ut Name: ryAnc A Al
Ayyhe./Permit No.: (^�)3 county: �,, . .y. Date Reutved: la
- V I
Reviewer. �^ . 1 D ._ River Baste Name:
❑ New /Re Wal ❑ Mo#kAtton Wide Hermit boundaries)
❑ Modification (outsideyermtt boundaries) ❑ Transfer ❑ Relcau
❑ Partial Release ❑ Addinoeal informatton ❑ Fee Needed: $ �ee Received: $ �S�v✓
Please route entire application package to:
r2/ 111 A"U-A Yr,1 P✓ Regional OfftCC (2 Ca7L*"; att4Ch the-LQS Ri�ional Offitt M(nlne Ayylkdfon RNfew
c cibst•to one coyy and attach both the Dwgpnd DAQ Mtntne Ayrheat(on RCrieW Form-to the other carp;scud both cartes to the Regional
EnBlnur) )
Date: Routed Reed I C I/12
t) �z Dtviston of water Resources Date: Routed Reed
NC wildlife Resources Commission Date: Routed Reed
❑ us Fish&wtldfc Service Date: Routed Reed
(Only env aghcatians and mo0ati n rcqueAs that add land to theyermtt)
Please route first 3 pages of the ayyhcatlan and any location maps to:
❑ Dtvtsian 1 Parks&,Recreation Date: Routed Reed
❑ NC Geological Survey Section Date: Routed Reed
❑ Division 1 Martne Fisheries Date: Routed Reed
❑ Division of soil&water conservation (yhu LEA) Date: Routed Rec'd
(Only new aryhcattons and modification requests that add land to the ye nit)
❑ DhUR of Archives&History Date: Routed Reed
(only new Thrattans)
❑ other: Date: Routed Reed
**Suspense Date for Comments: III �i I )� (no later than 25 days from reeefyt)
❑ Please Hate the follawt"B: A0 ` Q
`�]" ' I�nmlu.l I�Ia110 )/'Illl . ,.t74cnl /17ibw k
1%enn 16, n)/J ,n/1/• /h. ,.//.nln / Jif ,r;)�-�

r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
October 13, 2010
MEMORANDUM
TO: Mr. Ron Linville
Habitat Conservation Program Coordinator
Wildlife Resources Commission
FROM: Brenda M. Harris
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Renewal for Benchmark Mining & Farming LLC
Benchmark #1
Surry County
Please find attached for your review a copy of the mining permit renewal request for the above
referenced project.
Please review this information and advise as to the probability of this operation having unduly
adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by November 5, 2010
so that we may complete our review of this request within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and modifications, this office
will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to
restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding
effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a
site inspection, it is recommended that they contact the person submitting this request to set up a
convenient date and time. Also, please send a copy of your comments to the person noted in the
application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS
TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner(919) 733-
4574 if you have any questions.
/bmh
Attachments
cc: Mr. Matt Gantt
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574/FAX: [phone]
512 Nonh Salisbury Street,Raleigh,North Carolina,27604

A7gA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Beverly Eaves Perdue,Governor
Director and State Geologist Dee Freeman, Secretary
October 13, 2010
MEMORANDUM
TO: Mr. Nat Wilson
Habitat Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harri4 5'
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Renewal for Benchmark Mining & Farming LLC
Benchmark #1
Surry County
Mine Dewatering Proposed ® No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit renewal request for the above
referenced project.
Please review this information and advise as to the probability of this operation having unduly adverse
effect on November 5, 2010 so that we may complete our review of this request within our statutory time limits.
Any comments your agency can provide regarding potential effects on potable groundwater supplies
and groundwater quality will be appreciated. We would like to have any recommendations you may provide for
permit conditions, for reasonable protection of groundwater quantity or quality.
If your staff wishes to perform a site inspection, it is recommended that they contact the person
submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the
person noted in the application.
PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS
TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner [phone] if
you have any questions.
/bmh
Attachments
cc: Mr. Matt Gantt
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574/FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

Wehner, Judy
From: Wehner, Judy
Sent: Tuesday, October 12, 2010 5:11 PM
To: Tedder, Steve
Cc: Gantt, Matt; Sink, Scott; Wehner, Judy
Subject: FW: Benchmark @1 Mine Renewal Surry County 86-13
Attachments: 86-13 DLR -Water Quality Review Sheet 2010.doc
Here's the checklist. Renewal to follow in courier.
From: Wehner, Judy
Sent: Tuesday, October 12, 2010 5:09 PM
To: Tedder, Steve
Cc: Gantt, Matt; Sink, Scott
Subject: Benchmark @1 Mine Renewal Surry County 86-13
------------------------------------------
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
t

Print this form to PDF PA
Return PDF of this form to DLR CO by email, cc DLR RO and DWQ SPU
MINING PERMIT APPLICATION AVIEW FORM
for the
DIVISION OF WATER QUALITY
THIS SECTION TO BE FILLED OUT BY DLR:
Project Name: Benchmark#1 Mine DLR Permit#: 86-13 County: Surry Address: PO Box 1715,
Clemmons, NC 27012
YES NO Date Commencing
Is this mine a new mine? r 2000
Have land disturbing activities
started? Date? r . 2000
Latitude: 36.2811 Longitude: -80.6311
Please return comments to (at DLR CO): Judy Wehner
Comments due by: 11/5/10
SECTION BELOW TO BE FILLED OUT BY DWQ:
Is the RO concerned that the operation, as proposed, would violate standards of water quality?
Comments:
Watershed/Stream Name & Classification:
DWQ Compliance Status of Mine:
YES NO
NPDES permit required? f r
NPDES permit existing? r (Permit # )
If an NPDES permit is not required, is DWQ
still concerned about wetland degradation
by dewatering?
Should permittee contact DWQ RO
immediately? (e.g. to schedule a site visit if r RO Contact Name:
mine has already begun digging or is Contact Reason:
dewatering without DWQ permit)
401 Wetland Cert. required? f F .
401 Wetland Cert. existing? r Permit # r
Does DWQ RO currently have enough.
information to determine if a 401 r , F .
certification is required?
Rev September 2010

Print this form to PDF Return PDF or this form to DLR CO by email. cc DLR RO and DWQ SPU
YES NO
Are wetlands disturbed at this site? F.
Does DWQ RO suspect or know of nearby 1-- r
wetlands to the site?
Is a wetland delineation required prior to By: r -JD or 7 Consultant r
DWQ issuing the permit? r Onsite? Or 'r. Offsite?
Stream Determination Needed? r r
Stream Determination Completed?
Does DWQ RO need a statement that no
wetlands/streams are disturbed r r
for this project from applicant?
Buffer Determination Needed? r .
Buffer Determination Completed? r r
Recycle system permit existing?* 'r-Permit# r I
New Recycle System permit required?* I— (—
Enough information to determine?
Non-discharge permit existing?* -.Permit # r
Will wastewaters discharge to HQW waters 7Q10
with a 7010=0? ** Unknown (permittee determine): r Flow:
r 1 Has Violation
�1O&M Requirements
Does DWQ require DLR to hold the permit 1 HQW/7Q10 Concerns
(e.g. so DWQ can review it further or r
because DWQ requires more information)? - ';Other. Reason:
RO contact:
r Hold Until
Mine must wait to dewater until an O&M I-- f
plan is approved?
'The NPDES SW and WW permit NCG020000 covers closed-loop recycle systems designed to exclude all stormwater run-off(rain
the system and operate at or below two-feet of freeboard These systems maybe permitted by a Non-discharge Recycle System
Permit from the Aquifer Protection Section (APS) OR may instead be permitted under NCG020000 to eliminate an additional permit
Recycle systems that do not meet those criteria are considered discharging systems and are subject to the NGG020000 discharge
permit.
"'To obtain 7Q10 flows, pemiittees must contact the DWQ Stormwater Permitting Unit. If DWQ does not have a flow estimate for a
specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for
more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies.
Reviewed by:
DWQ RO Surface Water: Regional Office: Date:
RO Aquifer Protection Section: Regional Office: Date:
SPU DWQ Central Office Reviewer (if applicable):
Rev September 2010

® 2,, ,C �
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES Rr•.CElvrn
LAND QUALITY SECTION OCT 12 70in APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine &am arK County Jy/r!j
River Basin ',✓1 DD Latitude(dd.mm.ss)gL/.U3,rgdLongitude (dd.mm.ss)�t2-37.5?&i6w
n 2. Name of Applicant* e Y!AMar t #114 il44 Ltd T iZrp'1 i N A 116
3. Permanent address for receipt of official mail** �,fl, X S G'klrlIslDNS Ale ;ZV Z�
Telephone_
4. Mine Office Address
I Telephone
5. Mine Manager S+ells �j^UC +�
We hereby certify that all details contained in this Permit Application are true and correct to the best of
our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit
revocation.***Signatur li Date
Print Name-
Title Ow ne
* This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond (security) that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** Signature of company officer required.
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt
of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of
any supplemental information required by the Department. All questions must be addressed and all required
maps provided before this application can be considered complete. Attach additional sheets as needed.

® •
APPLICATION FOR A MINING PERMIT
■ NOTE: All of the following questions must be thoroughly answered with regards to your mining
operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,
detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
Answer all of the following that apply:
1. a. If this is an application for a ]�� permit, indicate the total acreage at the site to be covered by
the permit (this is the acreage that the "new permit" fee will be based upon):
Of this acreage, how much is owned and how much is leased? Acres owned: Acres
leased: Property owner if leased:
Gb. If this is an application for RENEWAL of a mining permit, indicate the mining permit number
and the total (overall) acreage covered by the existing permit: Mining Permit No.:gG-13 Total
permitted acreage (this is the acreage that the "renewal" fee will be based upon): 6.-<(
c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit
number and the total (overall) acreage covered by the existing permit: Mining Permit
No.: Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
Yes_ No_. If yes, indicate the acreage to be covered by this modification (this is the acreage
that the "major modification" fee will be based upon):
Does the modification involve acreage outside the previously approved permitted boundary?
Yes_ No_. If yes, indicate the additional acreage to be covered by this
modification: (NOTE: you must complete all of Section F. of this application form
entitled Notification of Adjoining Landowners).
Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed,
ground cover removed) by the mining operation? Yes_ No_ (if no, a "minor modification"
fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the
acreage to be affected within the acreage to be added to the permit (the total acreage to be added
to the permit is the acreage that the "major modification" fee will be based upon):
d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number
and the total (overall) acreage covered by the existing permit: Mining Permit No.:
Total permitted acreage:
■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO
BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED
ABOVE
2. Name of all materials mined: i e
3. Mining method: Hydraulic Dredge Front-end Loader & Truck _ Shovel & Truck _
Dragline & Truck Self-loading Scraper _ Other (explain)
-2-

APPLICATION FOR A MINING PERMIT
4. a. Expected maximum depth of mine (feet)
Depth is relative to wh�t benchmark? (e.g., natural ground level, mean sea level, road elevation,
etc.) ever Y,6 e�iat,ovr
b. Expected average depth of mine (feet) 10�'/-5�1
5. Has any area(s) at this site been mined in the past? Yes No
If yes, when and by whom was this activity conducted? e�(/ S/R6t-
6. Number of years for which the permit is requested (10 years maximum): /0
B. MAPS
1. Clearly mark and label the location of your mining operation on six Q copies of a 7.5 minute
quadrangle and a county highway map. These maps, in addition to six( ) copies of all mine maps and
reclamation maps, must be submitted with each permit application.
- 7.5 minute quadrangles may be obtained from:
N.C. Geological Survey
NCDENR
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
[phone]
- County highway maps may be obtained from:
Location Department
State Highway Commission
Raleigh, North Carolina 27602
[phone]
-3-

e e
APPLICATION FOR A MINING PERMIT
2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged
topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the
maps along with their corresponding (approximate) acreage. As a reminder, mining permits can
only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those
activities that are intended to be conducted during the life of the mining permit. All maps must
be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at
a minimum:
a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located
including easements and rights-of-way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.
d. Outline and width of all buffer zones (both undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
f. Outline and acreage of all stockpile areas.
g. Outline and acreage of all temporary and/or permanent overburden disposal areas.
h. Location and acreage of all processing plants (processing plants may be described as to location
and distance from mine if sufficiently far removed).
i. Locations and names of all streams, rivers and lakes.
j. Outline and acreage of all settling and/or processing wastewater ponds.
k. Location and acreage of all planned and existing access roads and on-site haul roads.
1. Location of planned and existing on-site buildings.
m. Location and dimensions of all proposed sediment and erosion control measures.
n. Location of 100 year floodplain limits and wetland boundaries.
o. Names of owners of record, both public and private, of all tracts of land that are adjoining the
mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by
the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are
within 1,000 feet of the mining permit boundary, must be provided on the mine map.
p. Names of owners of record, both public and private, of all tracts of land that are adjoining the
mining permit boundary which lie directly across and are contiguous to any highway; creek,
stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an
adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining
permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that
has four lanes of travel or less and is not designated as an Interstate Highway.
q. Map legend:
1. Name of applicant
2. Name of mine
3. North arrow
4. County
5. Scale
6. Symbols used and corresponding names
7. Date prepared and revised
8. Name and title of person preparing map
Map scales should meet the following guidelines:
PERMITTED ACREAGE, MAP SCAT,
.
0-99 Acres 1 inch = 50 feet
100-499 Acres 1 inch = 100 feet
500+ Acres 1 inch = 200 feet
(NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items)
-4-

41 "J
f �
•

APPLICATION FOR A MINING PERMIT
A table/chart must be provided on the mine map that clearly lists the approximate acreage of
tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other
major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining
permit. A table/chart similar to the following will be acceptable:
CATEGORY AFFECTED ACREAGE
Tailings/Sediment Ponds 01 0 Z
Stockpiles 0 -5�
Wastepiles 0
Processing Area/Haul Roads 0, 89
Mine Excavation i 6
Other Non P,
NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-
SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING
QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED
QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE
CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY
ADDRESSED ON THE MINE MAPS.
p�"tee
P�J
t qpl 40 zr
-s-
�n ri

® o
APPLICATION FOR A MINING PERMIT
C. PROTECTION OF NATURAL RESOURCES
1. Describe in detail the sequence of events for the development and operation of the mine and reference the
sequence to the mine map(s). Attach additional sheets as needed.
fvwy / 3tan6{ ` S&reeK iLLlD n �o,tCe.
2. Describe specific erosion control measures to be installed prior to land disturbing activities and during
mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine
excavation(.$), waste piles, access/mine roads and process areas),and give a detailed sequence of installation
and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures
on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering
designs and calculations shall be required when needed to justify the adequacy of any proposed measures.
Ca-�,�,�-e !�,nl�,-s ��C i� �o-�,.��ri-� sue.-•�� o/�y.•ss �s.�u��
3. a. Will the operation involve washing the material mined, recycling process water, or other waste water
handling? Yes ✓ No_ If yes, briefly describe all such processes including any chemicals to be
used.
lot,"'7� Scld
b. Will the operation involve discharging fresh gr wastewater from the mine or plant as a Point discharge to
the waters of the State? Yes No ✓ . ff yes, briefly describe the nature of the discharge and
locate all proposed discharge points (along with their method of stabilization) on your mine map(.$).
-6-

APPLICATION FOR A MINING PERMIT
c. Will any part of the pro ed mine excavation(s) extend below the water table?
Yes No V . If yes, do you intend to dewater the excavation(s)? Yes
No . If yes, what impact, if any, will mine dewatering have on neighboring wells?
Estimated withdrawal rate in gallons per day: . Locate all existing,wells on the mine
map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any
conclusions or statements made, including any monitoring well data, well construction data and
current water withdrawal rates. Indicate whether the proposed mine locale is served by a public
water system or private wells.
d. If you answered yes to any of the above questions, provide evidence that you have applied for or
obtained the appropriate water quality permit(s) (i.e., non-discharge, NPDES, Stormwater, etc.)
from the Division of Water Quality, Water Quality Section. In addition,the applicant is required to
register water use with the Division of Water Resources if the operation withdraws more than
100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if
the operation lies in a capacity use area and withdraws more than 100,000 gallons per day.
Al-/A'
4. a. Will the operation in crushing or any other air contaminant emissions?
Yes No ✓ If yes, indicate evidence that you have applied for or obtained an air
quality permit issued by the Division of Air Quality or local governing body.
b. 1-l
o
w will dust from stockpiles, haul roads, etc., be controlled?
Wk�iri� q �,t/11�1 yleceSf�,
-7-

® s
APPLICATION FOR A MINING PERMIT
5. a. A buffer will be required between any mining activity and any miring permit boundary or right-of-
way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion &
sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance
within the buffer whatsoever), or a combination of the two, depending upon the site conditions.
Note that all buffers must be located within the mining permit boundaries.
How wide a buffer will be maintained between any mining activity and any mining permit
boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a
wider buffer may be needed depending on site conditions. Show all buffer locations and widths
on the mine map(s).
b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities
within the mining permit boundaries and any natural watercourses and wetlands unless smaller
undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet
may be needed.
How wide an undisturbed buffer will be maintained between any land disturbing activities within
the mining permit boundaries and any natural watercourses and wetlands at this site? Show all
buffer locations and widths on the mine map(s).
6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries
during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and
minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required,
unless technical justification can be provided to allow steeper slopes.
NIA'
-8-

0 •
APPLICATION FOR A MINING PERMIT
b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden
disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any
benches and/or slope drains (with supporting design information) if needed, and the method of
final stabilization.
Sew /)4ef5
c. In excavation(s) of unconsolidated (non-rock) materials, specify the angle of all cut slopes
including specifications for benching and sloping. Cross-sections for all cut slopes must be
provided on the mine map(s).
!�� r4 4�5
d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross-
sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety
benches and mine benches, and the expected maximum depth of the excavation.
04-
7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring
dwelling house, public road, public, commercial or industrial building from any mine excavation.
Locate all such structures on the mine map if they are within 300 feet of any proposed excavation.
Nl#�
8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall
area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate
boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and
location of each type of barricade to be used must be indicated on the mine map(s).
oft road �° 14
-9-

0 0
APPLICATION FOR A MINING PERMIT /
9. Are acid producing minerals or soils present? Yes No V. How will acid water pollution
from the excavation, stockpiles and waste areas be controlled?
10. a. Describe specific plans (including a schedule of implementation) for screening the operation from
public view such as maintaining or planting trees, bushes or other vegetation, building berms or
other measures. Show the location of all visual screening on the mine map(s) and provide cross-
sections through all proposed berms or proposed
—spacings,
sizes and species for tree plantings.
y 0i f�r i*_ ° B 1/l ter
ew`fs�'S
b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park,
forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated?
/Vv
11. Will explosives be used? Yes_ No ✓ If yes, specify the types of explosive(s) and describe
what precaution(s) will be used to prevent physical hazard to persons or neighboring property from
flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby
structures, more detailed technical information may be required on the blasting program (such as a
third-party blasting study). Locate the nearest offsite occupied structure(s) to the proposed
excavations) on the mine map and indicate its approximate distance to the proposed excavation.
12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes_ No_�e If yes, describe
these materials, how they will be stored and method of containment in case of spill. Indicate the
location(s) of all storage facilities on the mine map(s).
-10-

APPLICATION FOR A MINING PERMIT
D. RECLAMATION PLAN
1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and
indicate the sequence and general methods to be used in reclaiming this land. This must include the
method of reclamation of settling ponds and/or sediment control basins and the method of restoration
or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and
other pollution. This information must be illustrated on a reclamation map and must correspond
directly with the information provided on the mine map(s). In addition, design information, including
typical cross-sections, of any permanent channels to be constructed as part of the reclamation plan and
the locations) of\all permanent channels must be indicated on the reclamation map. //
fP' �� d%Sll�� rzzrerc5 " cvi tl 6e Scicler,4..
2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes_
No& If yes, illustrate the location of the body(s) of water on the reclamation map and provide a
scale rocs-section(s) through the proposed body(s) of water. The minimum water depth must beat
least 4 feet, measured from the normal low water table elevation, unless information is provided to
indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s)
of water be stocked with fish? Yes No If yes, specify species.
3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock
including what kind of permanent barricade will be left. Acceptable permanent barricades are
appropriate fencing, large boulders placed end-to-end, etc. Construction details and locations of all
permanent barricades must be shown on the reclamation map.

•
APPLICATION FOR A MINING PERMIT
4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on-site mine
waste areas, including specifications for benching and sloping. Final cross-sections and locations for
such areas must be provided on the reclamation map.
5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways.
S're�lea�at'CWN'14a" 7rvc'��
64 �i 4s0;/ Cowl Soar/ fmS
b. Will any on-site roadways be left as part of the reclamation? Yes No If yes, identify
such roadways
roadways on the reclamation map and provide details on permanent ditch line stabilization.
1 me Wr't
6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables,
or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No
off-site generated waste shall be disposed of on the mine site without prior written approval from
the NC Department of Environment and Natural Resources, Land Quality Section and either the
Division of Waste Management (DWM) or local governing body. If a disposal permit has been
issued by DWM for the site, a copy of said permit must be attached to this application. All
temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and
reclamation map, along/ with a list of items to be disposed in said areas.
SCYap '/I1% rteY/) ✓i`uGliiA �y C /` Wi�l ke 1,1e vo4
-12-

•
APPLICATION FOR A MINING PERMIT
7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must
include recommendations for year-round seeding, including the time of seeding and the amount and
type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding
instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation
utilizing only tree plantings is not acceptable. Recommendations can be sought from:
a. Authorized representatives of the local Soil and Water Conservation District;
b. Authorized representatives of the Division of Forest Resources, Department of Environment and
Natural Resources;
c. Authorized county representatives of the North Carolina Cooperative Extension Service,
specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest
Resources at North Carolina State University;
d. North Carolina licensed landscape architects;
e. Private consulting foresters referred by the Division of Forest Resources, Department of
Environment and Natural Resources;
f. N.C. Erosion and Sedimentation Control Planning and Design Manual;
g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation;
h. Others as may be approved by the Department.
LIME - RATE OF APPLICATION (tons/acre):
FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre):
SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING
SCHEDULE (pounds/acre): [NOTE: Include Legumes]
Seed Tvces: Seeding Dates: Seeding Rates:
MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF
ANCHORING:
OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING
SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc):
Revegetation and/or reforestation plan approved by:
Signature Date
Print Name S�PuG v
Title d I`
Agency AeA G at 1 QN4 i LU
-13-

0 •
APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range
of$500 to $5,000 per affected acre)for each permitted mine site based upon the acreage approved by the
Department to be affected during the life of the mining permit. Please insert the approximate acreage for
each aspect of th i. that you intend to a feet during the life Qf this minin Pet Utz
addition please insert the ap priate reclamation ost/a re ,for each categoa from the hedul of
Reclamation Costs provided with this ap li atio —rm) OR you cand er to the Department to calculate, our
bond for you based upon your maps and standard reclamation costs.-
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE* COST
Tailings/Sediment Ponds: ,0 7, Ac. X $ .0 /Ac. = $ 15—D°o
Stockpiles: 10 r Ac. X $ 100,0 /Ac. = $
Wastepiles: Ac. X $ /Ac. = $
Processing Area/Haul Roads: Sir Ac. X $ / W,On /Ac. _ $ ISrgcf fo
Mine Excavation: _ Ac. X $ /Ac. = $ to
Other: Ac. X $ /Ac. = $
TOTAL AFFECTED AC.: &K.S6 Ac.
( TOTAL PERMITTED AC.: Ac.)
Temporary & Permanent Sedimentation & Erosion Control M asures•
Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into
proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures
will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands.
a) Internal Drainage . G/ Ac.
b) Positive Drainage /`'S Ac. X $1,500.00 = $ /Sp z�—too
Inflation Fac[or: SUBTOTAL COST: $
0.02 X SUBTOTAL COST: $ vo X Permit Life (1 to 10 years):
INFLATION COST: $
TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 37.5'`5'60
Total Reclamation Bond Cost: $ 3700,00
(round down to the nearest $100 . 00)
-14-

APPLICATION FOR A MINING PERMIT
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our
lands or operation during regular business hours for the purpose of making necessary field inspections or
investigations as may be reasonably required in the administration of the Mining Act of 1971.
We further grant to the Department or its appointed representatives the right to make whatever entries on
the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order
to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered
pursuant to G.S. 74-59.
LANDOWNER: APPLICANT:
Signature: . A,4,�4" 4�� Signature:*
Print Name: s U� UG�L Print Name: oye /X,L�
/
Address: led/ �. �( � Title:
a, ema, ly; EL Z21 Z— Company: �'GtC l� /Lfltx inM q
Telephone: ,7%(� �7 �/� Mine Name:
*Signature must be the same as the individual who signed Page 1 of this application.
Six (Q copies of the completed application, six (6) copies of all location maps, mine mans and reclamation
maps, and the appropriate processing fee (see next page for fee schedule) in the form a check or money
order payable to the North Carolina Department of Environment and Natural Resources must be sent to
the Land Quality Section Central Office at the address listed on the front cover of this application form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at
[phone].
-18-

® •
Rodgers, Ashley
From: Rodgers, Ashley
Sent: Wednesday, September 08, 2010 4:52 PM
To: 'sfrucht'
Subject: RE: permit Number 86-13
Mr. Stephen M. Frucht
Benchmark Farming and Mining, LLC
PO Box 1715
Clemmons, North Carolina 27012
Re: Benchmark Mine #1
Mining Permit No. 86-13
Surry County
Yadkin River Basin
Dear Mr. Frucht:
Mr. James D. Simons, PG, PE, Director of The Division of Land Resources, has reviewed your
email below, in which you requested an extension of time to submit the renewal request pertaining to
Mining Permit No. 86-13.
Your request for a 90-day extension is hereby granted. Please submit the required
information to this office by December 7, 2010.
For your convenience, please refer to the link below to review our mining renewal checklist.
Although the checklist indicates we need 6 copies of the mine maps and application, we only need 5
copies of each. Be sure that one copy of the application is an original with original signatures on the
first page and the land entry agreement (page 18).
http://wv,iw.dIr.enr.state.nc.us/images/renewa1%2Ochecklist.pdf
If you should have any questions, please email me or contact me at [phone].
Thank you,
Ashley Rodgers
From: sfrucht [mailto:[e-mail]]
Sent: Wednesday, September 08, 2010 4:28 PM
To: Rodgers, Ashley
Subject: permit Number 86-13
Ashley,
1 wanted to follow up our conversation today. I am currently working on the renewel application and should
have it submitted within 90 days. Per our conversation would you please confirm with Jim Simons that this will
be acceptable. I had contacted Judy Wehner earlier this year to renew and she advised me to wait until the
expiration date which is today.
t

Rodgers, Ashley
From: sfrucht[[e-mail]]
Sent: Wednesday, September 08, 2010 4:28 PM
To: Rodgers, Ashley
Subject: permit Number 86-13
Ashley,
1 wanted to follow up our conversation today. I am currently working on the renewel application and should
have it submitted within 90 days. Per our conversation would you please confirm with Jim Simons that this will
be acceptable. I had contacted Judy Wchner earlier this year to renew and she advised me to wait until the
expiration date which is today.
Thanks,
S OK 'fD <
Steve Frucht I �I 10
t

UNITED STATEIRP-0sT RV16 >.. t`I't. a +" ... `�""'�r
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• Sender: Please print your name, address, and ZIP+4 in this box
North Carolina Department of
RECEIVED
Environment& Natural Resources
2U11 Land Quality Section
J 18 1612 Mail Service Center
Raleigh NC 27699-1612
1740-7401
LAND QUALITY
%4INING PROGRAM
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D. Is delivery address different from item 1? El Yes
P 1. Article Addressed to: If YES,enter delivery address below: ❑ No
o� yo�L .
1 MS STEPHANIE M FRUCHT
BENCHMARK MINING
3. S ice Type l;
f PO BOX 1715 Certified M ft;� Express til
'CLEMMONS NC 27012 Registered \ t for Merchandise
❑ Insured Mail
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number l If ii ii I i �-" 7008 '13 00 �0000' 112''S'i33'S3i
(rrauster from service label) I
-,PS Form 3811, February 2004 -(3 Domestic Return Receipt -7- F-41 1o2s%-o2-M-tst(

SENDER: COMPLETE THIS SECTIOI COMPLETE THIS SECTION ON DELIVERYr—)
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. X ❑Agent
■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. B. Recgived by lPrinte Name) C. Dat of De'very
■ Attach this card to the back of the mailpiece, �C Uf !�'✓L'L ry a-
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or on the front if space permits. l E
D. Is a address e m item ❑Yes
Mie
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MR STEPHEN M FRUCHT aur, i 6 7o�i
BENCHMARK MINING AND FARMING
PO BOX 1715 3 T
CLEMMONS NC 27012 EFAC NON
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�- - - ❑ Insured Mail C.O.D.
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1612 Mail Service Center
Raleigh NC 27699-1612
1740-7401
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North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
{{��
(PERMITTED MINE)
1. MINE NAME R L-- "j C 1.1M AQ.1t_ -#1 m vac' 2. MINING PERMIT # 81,,-1?
3. OPERATOR &-w r"m a qu- h t m k m i onn Fiae,, t, , I.LC 4. COUNTY C„22H
5. ADDRESS �• U , F�o�c 1-1IS C l.Q,.•,,.o..c tic.. 7 -IniL A ' 5,7r r F2.,c�tr-
6. PERMIT EXPIRATION DATE G I 11hl7-o10 7. RIVER BASIN Yuo,i.
8. Person(s) contacted at site K)n o N�- ' o.s S, rt ,
9. Was mine operating at time of inspection? ❑ Yes � .No 10. Pictures? Ef Yes ❑ No
11. Date last inspected: 1 /7-2 / O"1 12. Any mining since last inspection? ❑ Yes '® No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ❑ No
If no, explain:
k ) IA
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ;® No
If no, explain: M l N� Nl, 2 r F»,�i;; VV x -nn Rr (L F WV"'m r-)euv,,,
nRr Dln. P�Pi•
15. Did any of the'above deficiencies result in offsite damage? ❑ es ]a,M.I11M,)d ! be the
type and severity of the damage:
I Q�q d h LIM I
16. Corrective measures4 i and/or taken: 4% Q=r,tt i• . x-rn% Th 2 i Q Gl�niyr
FiCo T,F S t
17. Other recommendations and comments:
18. Is the Annual Reclamation Report +/-map accurate? E] Yes ❑ No (Explain) ❑ Not Reviewed
19. Follow-up inspection needed? ❑ Yes ',® No Proposed date /-
20. No. of additional pages of Inspection Report QS . 21. Copy of Report sent to operator
(date)
INSPECTED BY: DATE 9 1ZH lit)
Telephone No: (�3a )-)l►-S o3
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

rr
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
March 18, 2008
Mr. Stephen M. Frucht
Benchmark Farming and Mining, LLC
PO Box 1715
Clemmons, North Carolina 27012
RE: Mining Permit No. 86-13
Benchmark Mine #1
Surry County
Yadkin River Basin
Dear Mr. Frucht:
Your request to have the above referenced mining permit, issued to Cecil Slate DBA
Slate Sand, transferred in its entirety to your company has been approved. As we have
received the required surety in an amount sufficient to cover the present operation, I am
enclosing the transferred mining permit. The permit number, expiration date and mine name
shall remain the same as before the transfer.
As a reminder, your permitted acreage and affected acreage for this site are both 6.56
acres, as indicated in the application and on the mine map dated July 11, 2000 and received
by the Land Quality Section January 18, 2008.
Again, if you should have any questions regarding this matter please contact Judy
Wehner, Assistant State Mining Specialist, at [phone].
Sincerely,
Q
� /Zzlzzz —
Floyd R. Williams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRW/jvv
Enclosures
cc: Ms. Janet Boyer, PE
Mr. Bradley Bennett-DWQ, w/enclosures
Ms. Shannon Deaton-WRC, w/enclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574/ FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina,27604
An Equal opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

f
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF 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, " Th cablle ing
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other app
laws, rules and regulations
Permission is hereby granted to:
Benchmark Farming and Mining, LLC
Surry County — Permit No. 86-13
for the operation of a
Sand Dredging Operation
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
MINING PERMIT EXPIRATION DATE: Se tember 8 2010
/I

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, 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
March 18, 2008: This permit has been transferred in its entirety from Cecil Slate DBA as Slate
Sand to Benchmark Farming and Mining, LLC.
Expiration Date
This permit shall be effective from the date of its issuance until September 8, 2010.
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:

Page 3
OPERATING CONDITIONS:
A. Any wastewater processing or mine dewatering shthe N.C. Environmental all be in acco.rdance h the
permitting requirements and rules promulgated by
Management Commission.
B. Any stormwater runoff from the affected areas g the site sh accordance
with any applicable permit requirements and regulations promulgated
Environmental Protection Agency and enforced m tteeI by hs responsibility eecontact the
Management Commission. It shall be the pessary stormwater permits or other
Division of Water Quality to secure any
approval documents.
2 A. Any mining process producing air contamination
by he N C Environmental
permitl be tingsubject to the
permitting requirements and rules promulgated
Division of Air Quality.
Management Commission and enforced by be necessary
B. During mining operations, water trucks or other meanpermitted ea
shall be utilized to prevent dust from leaving the
3. The channel of the waterway shall not be constricted or widened.
ands shall be
4. Any mining activity affectin waters of
the requi ements and regulation tpromulga promulgated and enforced d by the N.
in accordance w
C. Environmental Management Commission.
5. Only a hydraulic dredge shall be used to excavate- to ensure safety to material from the riverbed.
g. The following steps
e hall be sect taken of t this
mine
er overed by this mining perm� ters and
t.
he
others who may
A. Signs shall be placed on the northerlydredging k of erations river
warning priver t afficstream tof the
of ed
and the down stream extremity 9 g P
dredging operation.
li ht hours. When the
B. The dredge shall operate in the river only during ll ay 9
operating closer
dredge is in operation in the river, the dredg essh at no l
me be all face upstream, the direction
than twenty-five feet to the bank. The dredg
from which most all river traffic would approach the dredge. When river traffic
approaches, the operator shall cease pumping and idle. If river traffic is headed
around the southerly.side of the,dredge, the operator shall wait to resume
the pontoon supported pipeline is
operations until the river traffic passes. If the boater is headed towards the
northerly side of the river, the the side herelot use and flag traffic to the southerly side
located, the op
of the river.

Page 4
C. The cables extending from the dredge to the bank shall be up and out of the
water at all times except possibly when one cable is slackened in anticipation of
moving the dredge using the opposite winch. This technique shall not be
undertaken when there is river traffic in the area. With the cables extending
upwards to the river bank, the cables shall be at least eight (8) feet above the
water level and easily avoidable by river traffic. Highly visible markers shall be
used to mark the cables.
D. If an anchor system set in the middle of the river is utilized, the cables extending
from the dredge to the anchor system shall extend parallel with the flow of the
river and shall be under water to a depth of at least three feet at the anchor. A
buoy shall be used to mark the location of the anchor.
E. No dredging operations shall be performed at any time when the level of the river
exceeds three feet above normal river level.
F. When the dredge is moored at the side of the river, all piping and portions of the
dredge shall be tied off such that no part of the dredge or equipment extends out
from the bank by more than twenty feet.
7. 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 or natural
watercourse in proximity to the affected land.
B. All surface water runoff from the processing, stockpile and wastepiles at the site
shall be diverted via appropriately sized and sloped diversions to the existing
sediment basins/pits or other appropriate erosion and sedimentation control
structures.
C. The boat ramp shall be stabilized with vegetation and rip-rap or large pieces of
concrete, such as lengths of broken curb and gutter, to prevent erosion and
sedimentation problems from occurring at the said boat ramp.
D. All mining activities, including the installation and maintenance of erosion and
sedimentation control measures, shall be conducted as indicated on the mine
map dated July 11, 2000.
8. A. Riparian vegetation shall be planted immediately to stabilize any exposed
riverbanks to prevent continued erosion of said riverbanks.
B. A minimum 40 foot wide undisturbed buffer buffer shall be maintained along the
riverbank except in those minimal areas where access during the operation is
essential (i.e. boat ramps, discharge pipes, etc.). At such access points, all
stabilizing roots and stumps shall not be removed or otherwise disturbed on the
riverbank.

Page 5
C, No mining shall occur in the Yadkin River between May 1 and June 30 to protect
fish spawning activities in the mining area.
g 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 Nat reclamation esour plan.he method of disposal
shall be consistent with the appro.
e Mining Act of 1971 generated
B. Mining refuse defined by G.S. 74 49 (14) of Th
on-site and directly associated with the mining activity may be disposed of in a
dis p
designated refuse area.
by the Division pof Waste Managemenroducts must be t disposed
petroleum
disposal facility app
solvents or their storage containers or any other material that
products, acids,
may be considered hazardous shall be disposed of within the permitted area.
Land Resources
ivi
C. For the purposes of following materials the
thbePm niis permit, hefuDsesi n addition tothose spe ificallyrlist d
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, and
g. 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
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
5. verification that a permanent vegetative groundcover will be established
e, which can
10. The
ainedlb fo gradeegetatidve Icon er or o her adequate egos on control spes and fills shall be no reater than hmeasl es, stru tuebor
ret Y
the erosion of
device uIn any event,se off-site damage because of siltation, shall be plant ded slopes or any excavated sor otherwise p ov Bled
may
with ground cover, devices or structures sufficient to restrain such erosion.

Page 6
11. 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.
12. Sufficient buffer (minimum of 25 feet) shall be maintained between any mining activity
and any mining permit boundary, right-of-way, bridge abatement, or other source to
protect adjacent property.
13. 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.
14. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $3,700.00
Assignment of Savings Account, 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. 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 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.
16. 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.

Page 7
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 grade and revegetate the disturbed land areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The channel banks shall be restored to as near the natural condition as possible.

Page 8
B. The processing plant, dredge, dredge pipes and sediment basin pipes shall.be
removed from the site upon termination of mining activities prior to final grading
and seeding of the affected area.
C. The processing, stockpile, and waste areas shall be graded and stabilized.
D. The access road shall be graded and stabilized.
E. All sediment basins shall be backfilled, leveled and stabilized.
F. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Condition Nos. 9.A.
through D.
G. 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 following:
Spring/Summer May 1-Sept 15 Fall/Winter Sept. 15-April 30
Browntop millet 20 Ibs/a Rye grain 120 Ibs/a
Korean Lespedeza 20 Ibs/a Korean lespedeza 10 Ibs/a
Crown vetch 1 Ibs/a Crown vetch 1 Ib/a
On slopes greater than 3 horizontal to 1 vertical, use Sericea lespedeza instead of
Korean lespedeza.
Add one of the following to the above mixture:
Crown Vetch 5 Ibs/acre
Ladino Clover 5 Ibs/acre
Alfalfa 5 Ibs/acre
All disturbed riverbanks shall be planted with riparian vegetation. It is suggested that
reed canary grass be sown at a rate of 15 Ibs. Per acre with a mixture of small trees
(dogwood, willow, alder and button bush) and large trees (red maple, green ash, .
sycamore, cottonwood, bald cypress, river birch and catalpa).
Any woody debris (slash or large trees) removed during development of the site should
be placed along the outer stockpile/compost area construction limits in the form of brush
piles and downed logs to provide cover and nesting habitat for wildlife.
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.

Page 9
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 (2) years of completion or termination of
mining.
This permit, issued to Cecil Slate DBA as Slate Sand, has been transferred in its entirety
Benchmark Farming and Mining, LLC this 18t" day of February, 2008 pursuant to G.S.
74-51.
?mes
Simons, Director
Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

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A Aw
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist March 18, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7003 1680 0000 1484 2613
Mr. Cecil Slate
Slate Sand Company
4485 Highway 268 W
Ararat, North Carolina 27007
Re: Mining Permit No. 86-13
Slate Sand Mine
Surry County
Yadkin River Basin
Dear Mr. Slate:
Your request to have Mining Permit No. 86-13 transferred in its entirety from your
company to Benchmark Farming and Mining, LLC has been approved. As we have received
Benchmark Farming and Mining, LLC's required surety in an amount sufficient to cover the
present operation, your company is hereby released from further responsibility for this site with
respect to The Mining Act of 1971. Therefore, I am returning your $3,700.00 Assignment of
Saving Account No. 0539331954 to you for your disposal.
Thank you for your cooperation in this matter.
Sincerely,
Floyd R. Williams, PG, CPG, CPESC
State Mining Specialist
Land Quality Section
FRW/jw
Enclosure: Assignment of Saving Account No. 0539331954
cc: Ms. Janet Boyer, PE
Mr. William Gerringer-DOL, Mine and Quarry Bureau
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

VC: W silo
• � �Is��oa
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES RECEIVED
LAND QUALITY SECTION FEB 71 Z000
APPLICATION FOR A MINING PERMIT
_ LAND QUALITY SECTION
(PLEASE PRINT OR TYPE)
1. Name of Mine 8ej1CArMr1( iMP #1 County SurrH_
River Basin Yq Latitude(dd.mm.ss)3L 3.' Longitude (dd.mm.ss) Se.37.s.2,s—,4
2. Name of Applicant* eexe%Lg.rK 1"MI'rto and M;.l91,.) 1L C
3. Permanent address for receipt of official mail** a4 0. LrnX 17/S Clesntiro.vs Ale, 270/Z
Telephone 336-?Y5--/3ik21C
4. Mine Office Address SAME
LL Telephone 5. 29jj5E
5. Mine Manager 5+eve- �vc
We hereby certify that all details contained in this Permit Application are true and correct to the best of
our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit
revocation. e/ L / /
***Signature A2 ,W. s .T Date __ 2`,ZOLOS
Print Name�DhPN
Title Own er
* This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond (security) that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** Signature of company officer required.
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt
of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of
any supplemental information required by the Department. All questions must be addressed and all required
maps provided before this application can be considered complete. Attach additional sheets as needed.

AM
NCDENR.
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
February 14, 2008
Certified Mail
Return Receipt Requested
7002 3150 0003 7044 5335
Mr. Steve Frucht
Benchmark Mining & Farming LLC
PO Box 1715
Clemmons, NC 27012
RE: Benchmark #1
Mining Permit No. 86-13
Surry County
Yadkin River Basin
Dear Mr. Frucht:
The review has been completed on the transfer request your company submitted for the
referenced mine site.
The reclamation bond required for this site is $3,700.00. The bond will be required
prior to approval of this transfer.
For your convenience, I have enclosed a bond form, an assignment of a savings
account form and irrevocable standby letter of credit form for your use in securing the required
bond. The name on the security must be the same as the name appearing on the application
for a mining permit, i.e., (Steve Frucht) — Benchmark Mining and Farming, LLC. In
addition to one of these alternatives, you may, upon request, substitute a cash deposit.
Please be advised that the transfer request cannot be completed until the new bond
amount has been received.
As required by G.S. 74-51 (h), you are hereby advised that you have 60 days from the
date of your receipt of this letter to submit the reclamation bond. If you are unable to meet this
deadline and wish to request additional time, you must submit information, in writing, to the
Director clearly indicating why the deadline can not be met and request that an extension of
time be granted.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Past Consumer Paper

CERTIFIED MAIL
Mr. Frucht
Page Two
In order to complete the processing of your transfer request, please forward the bond to
my attention at the following address:
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Please contact me at [phone] if you have any questions.
Sincerely, In\
Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section
Enclosures: Bond Forms
cc: Mr. Matt Gantt, PE

MINING CHECKLIST FOR ROUTING
Applicant's Name:,B&J '7ab I Project Name: A. 41ya
Applic./Permit NoA�'213 Cou y'5_.LAyuu Date Received: //A41/07
n A () i
Reviewer. l �VI�,Q /� River Basin Name: Ilr.Al
❑ New ❑Renewal ❑ Modification (insidepermit boundaries)
❑Modification (outside permit boundaries) jp Transfer ❑ Release
❑Partial Release ❑Additional Information ❑Fee Needed: $
\2 Fee Received: $ /Un��
n
' Please route entire application package to:
i� �A �i nc ��, Regional Office (2 complete copies- attach the"L"Q5-Regional
Office Mining Application Review Checklist"to one copy and attach bah t iNWQ.ana"DAQ
"Mining Application Review Form"to the other copy: send both copies to the RegionaLEngineer)
Date: Routed 4", d
❑ Division of Water Resources Date: Routed Reed
❑NC Wildlife Resources Commission Date: Routed Rec'd
❑U5 Fish &Wildlife Service Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
Please route first 3 pales of the application and arly location maps to:
❑Division of Parks & Recreation Date: Routed Rec'd
❑NC Geological Survey Section Date: Routed Reed
(Only new applications and modification requests that add land to the permit)
❑Division of Archives & History Date: Routed Rec'd
(Only new applications)
❑Other Date: Routed Reed
**5uspen5e Date for Comments: a 1 61 (no later than 25 days
from receipt) I
Z�.a (O311
❑Please note the following:
kA IYA)
A41AAL 0'-PnV , L'Ylnn i�0 1 Q. �� /

January 3, 2008
North Carolina Department of Environmental and Natural Resources,
1, Cecil Slate as the existing permittee, request that mining permit 86-13, also know as
Slate Sand Mine, be transferred to Steve Frucht in the name of his company Benchmark
Farming and Mining, LLC.
Sincerely, C
RECEIVED
Cecil Slate JAN 18 2008
LAND QUALITY
MINING PROGRAM

RECEIVED.-
JAN 18 2008
January 3, 2008 LAND QUALITY
MINING PROGRAM
North Carolina Department of Environmental and Natural Resources,
1, Steve Frucht, request that the existing mining permit 86-13 be transferred to me. 1
accept all responsibilities and liabilities with respect to the Mining Act of 1971.
Sincerely,
,ff'C�wY %W4
Steve Frucht

• o
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTRECE/VED
AND NATURAL RESOURCES
LAND QUALITY SECTION JAN 1810�8
APPLICATION FOR A MINING PERMIT LAND M N NG pQUA'�
(PLEASE PRINT OR TYPE) CAM
1. Name of Mine_NK in,°, �_ County Sdrr v
River Basi Latitude(dd.mm.s �6. s 3 ngitude (dd.mm.ss) b. 7,_J�fSL t c'?
2. Name of Applicant* SI-e vC Fv v c rn�rra�K n i n avi+ a ��
3. Permanent address for receipt of official mail"—lb,A l / C ew H/L l
Telephone
4. Mine Office Address :!�ftsf
tt Telephone
5. Mine Manager 57, g? `j UCA
We hereby certify that all details contained in this Permit Application are true and correct to the best of
our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit
revocation.
***Signatures//ram y 6�f Date //z�`R
Print Name�l4rm ✓!.
Title 19cune(
* This will be the name that the mining permit will be issued to and the name that must bc indicated on the
reclamation bond (securitvl that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** Signature of company officer required.
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt
of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of
any supplemental information required by the Department. All questions must be addressed and all required
maps provided before this application can be considered complete. Attach additional sheets as needed.

APPLICATION FOR A MINING PERMIT
■ NOTE: All of the following questions must be thoroughly answered with regards to your mining
operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,
detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
Answer all of the following that apply:
1. a. If this is an application for a permit, indicate the total acreage at the site to be covered by
the permit (this is the acreage that the "new permit" fee will be based upon):
Of this acreage, how much is owned and how much is leased? Acres owned: Acres
leased: Property owner if leased:
b. If this is an application for RF.NF.WAI, of a mining permit, indicate the mining permit number
and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total
permitted acreage (this is the acreage that the "renewal" fee will be based upon):
c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit
number and the total (overall) acreage covered by the existing permit: Mining Permit
No.: Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
Yes_No_. If yes, indicate the acreage to be covered by this modification (this is the acreage
that the "major modification" fee will be based upon):
Does the modification involve acreage outside the previously approved permitted boundary?
Yes_ No_. If yes, indicate the additional acreage to be covered by this
modification: (NOTE: you must complete all of Section F. of this application form
entitled Notification of Adjoining Landowners).
Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed,
ground cover removed) by the mining operation? Yes_ No_ (if no, a "minor modification"
fee of$50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the
acreage to be affected within the acreage to be added to the permit (the total acreage to be added
to the permit is the acreage that the "major modification" fee will be based upon):
d. If this is an application for T AN FF.R of a mining permit, indicate the mining permit number
and the total (overall) acreage covered by the existing permit: Mining Permit No.:
Total permitted acreage:
■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO
BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED
ABOVE
2. Name of all materials mined: . J 0, �T4Z61e,
3. Mining method: Hydraulic Dredge J Front-end Loader & Truck _ Shovel & Truck _
Dragline & Truck Self-loading Scraper _ Other (explain)
-2-

e s
APPLICATION FOR A MINING PERMIT
i
4. a. Expected maximum depth of mine (feet)
Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation,
etc.)�'urr rlof' ��P1q mrt
b. Expected average depth of mine (feet) !o './ 1
5. Has any area(s) at this site been mined in the past? Yes✓ No
If yes, when and by whom was this activity conducted? bee i/ 31A7'�e
6. Number of years for which the permit is requested (10 years maximum): /U
B. MAPS
1. Clearly mark and label the location of your mining operation on copks of a 7.5 minute
quadrangle and a county highway map. These maps, in addition to s ycWcopi of all mine maps and
reclamation maps, must be submitted with each permit application.
— 7.5 minute quadrangles may be obtained from:
N.C. Geological Survey
NCDENR
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
[phone]
— County highway maps may be obtained from:
Location Department
State Highway Commission
Raleigh, North Carolina 27602
[phone]
-3-

•
APPLICATION FOR A MINING PERMIT
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our
lands or operation during regular business hours for the purpose of making necessary field inspections or
investigations as may be reasonably required in the administration of the Mining Act of 1971.
We further grant to the Department or its appointed representatives the right to make whatever entries on
the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order
to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered
pursuant to G.S. 74-59.
LANDOWNERR�: ,��,,� / APPLICANT:
Signature: �61. � Signature:*
1
/0
Print Name: e4,11wn 01 . Ffur,41 Print Name: S7P YY�
Address: Title: /�U7Ylel�
k rh on S, 1/C 2201 Z Company: ;xtVig awl�r�
Telephone: 3 3( - �(iS�—���f Mine Name: �eNG�mar�m;rtC1
*Signature must be the same as the individual who signed Page 1 of this application.
Six (Q copies of the completed app iCBtio , six (¢ccopies of all location maw, mine mans and reclamation
(see next page for fee schedule) in the form a check or money
order payable to a North Carolina Department of Environment and Natural Resources must be sent to
the Land Qualfty Section Central Office at the address listed on the front cover of this application form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at
[phone].
-18-

J�
i
I
r r .
i a I I
mark 01,46
1 _
LEGEND
PRIMITIVE OR UNLWROVED ROAD
GRADED AND OWNED ROAD
SOILGRAVEL•OR STONE SURFACED ROAD
HARD
URFACED ROAD
A UJ,B UNDIVIDED H SAY
V I R G I N I A DIVIDED wcrlwAr
HIGNWAY WITH FRONTAGE ROADS
b q
1 na FULL CONTROL ACCESS
f� rfg2 I \ PICA
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IN
ROAD
I INTERSECTION
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\ � FEDERAL ND KONDNO'
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p �� I N.C.
2 1 _ mp •1 v l 9\'A'.' T mx3r �raR ` -,J s ser.:r NnINC1 1 MT.AIRY h J .a , \ I r DETAILED MIGIM•AY INTERCHANGE
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rero &CONDMYY ROAD NU)WIER
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�m \\ \\ oar \ / S•' \ \ \. M rsa .3 roes / o \ `� yn v. ."\ ere ♦ �"' �\ - J h - \.1 T,T RNLROA I.ANY NUMBER OF TRACKS
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..D q \ d/'� .k. Ln 2a �'\ ^/ �� COMPANY ON SAME OR A ACEM
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NORTH CAROLINArmJ T r HEYMED BY THE
y NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
4 t -
DIVISION OF HIGHWAYS - GIS BRANCH
oV Z i tars J' _ --. 1
O ` cCc mTON WITH THE
'y$ i 'o ^�`---\ �. ��
Z y I I.A \ i"`�' o \.-J. Yr l• ra, .M-00-2i IAJ' r9Y,
.� �® / ,� —, _ •Y �, U.S.DEPARTMENT OF TRANSPORTATION
`0 6 0 � — tin ° i .m JJ —� I FEDERAL HIGHWAY ADMINISTRATION
2 lu r ! I I rnr .ra 21w J " j�Y ` //% ',�'- BLUE
/ S°0 21m __ J & 1^IO \�\\, r///• �) NOTE: MAP INCLUDES ONLY STATE MAINTAINED ROADS Roo 2�63 I D I 2 3 • 'WES � ��'T�7E�{jJ
O O 4 2rA. 21A ' LY m ,a / ly \� OR IMPORTANT NON-SYSTEM ROADS. 1 V,`
O~ 1-1-93ua zia9°9 I MILEAGE NOT SHORAN ON FRONTAGE ROADS. D BS 1 MILE ���(]
, ,_,_99 .oj zrz9 2im 2m°-�a JAN II
�E2a-96 19 2w I I ,-� I ROADS SHORN AS OF SEPT. 1. 1999. zl ' IZI,
ER SM9 d) 0�'ro > hs 'i L / ; < � O. SCNF FOR ENImGENENR
JDH 91d09 � VV
zra / mae 2r3I zl r SO .n : � 1
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LAND QUALITY SECTION
_ a
21" KEY TO COUNTY ROAD H UMSEM
-� PLOT MOUNTAIN A150 NU.WFRS rro3 reooe rmT w wm o^ HOans rxouu a„a eoowa rz rrsTe. .
SHEET I OF J
N
r
=�=p• � amr• SURRY COUNTY
- - .. -_.—
It
op

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_-.format cr. :
a .
1^f C=at4On t0 de sent (C:?eC'.< all- `=az aC0?•t) :
�us_ness
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_ =...rez =cma
7on.er or:'
E -ransfer C`iecki_s
7-/ Gt er.
t Susan - After sendinc the ahove .inforaaticn:
G PLEASE FILE Tv_S FORM li?lDE3 REQUESTS ?G3
_NrOP ??T=ON
?LEASE r -lU=S rOR',r iN THE N= 1 ==��=-
INC
Thanks ,

Subject: [Fwd: Slate Sand Mine Inspections]
From: Matthew Gantt <[e-mail]>
Date: Fri, 26 Jan 2007 09:35:58 -0500
To: Judy Weiner <[e-mail]>, Kristin Hicklin <[e-mail]>
-------- Original Message --------
Subject:Slate Sand Mine Inspections
Date:Fri, 26 Jan 2007 09:35:03 -0500
From:Matthew Osborne <[e-mail]>
Reply-To:Matthew.Osborne a,NC nai1.net
Organization:NC DENR - Winston-Salem Regional Office
To:Matthew Gantt <Matt.Gantt(a�NCmai1.net>
Hey Matt,
Tim Latham and I conducted release inspections at Slate Sand Mine (Surry 86-13) and Slate
Sand Mine #2 (Surry 86-17) on 1/22/07 as requested by the Raleigh central office. Our findings
after conducting these inspections are as follows: Slate Sand Mine (86-13) needs large concrete
barriers and various pipe pieces and timbers removed. Slate Sand Mine #2 (86-17) needs large
concrete barriers removed.
Matthew Osborne
Environmental Technician 5
NCDENR - Land Quality Section
Winston-Salem Regional Office
585 Waughtown Street
Winston-Salem, NC 27107
[phone]
[phone] (FAX)
Matthew Gantt <Matt.Gantt a NCmail.net>
NC DENR
W S IZO

North Carolina
Department of Environment and Natural •
Michael F. Easley, Governor
William G. Ross,Secretary NCDENR
James D. Simons, P.G., P.E., Director WINSTON-SALEM REGIONAL OFFICE
And State Geologist DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
January 29, 2007
Slate Sand Company RECEIVED
Attention: Mr. Cecil Slate JAN 30 23G1
1557 Highway 268 W.
Ararat, NC 27007 LAND QUALITY SECTION
RE: SLATE SAND MINE
Mining Permit 9 86-13
Surry County
Dear Mr. Slate:
Attached is a copy of our report documenting an inspection recently conducted at a mine site for
which our records show you and/or your firm to be responsible. The inspection was performed under
the provisions of the North Carolina Statute 74-56 of the Mining Act of 1971.
Please review the report carefully and note any problems or deficiencies documented by the
inspector. Furthermore, please note any recommendations and/or specific corrective actions required
to correct any deficiencies that may be listed.
The responsibility for understanding and complying with the terms and conditions of the Act lies with
you. Please do not hesitate to contact this office at [phone] if you have any questions
concerning the attached report. Your cooperation is appreciated.
Sincerely,
Cliff Whitfield, P.G.
Assistant Regional Engineer
CW/lS
Attachment: Floyd Williams - Mine Inspection Report
cc: WSRO File
Floyd Williams—Mining Specialist
585 Waughtown Street, Winston-Salem,North Carolina 27107-2241
Phone: [phone] \ FAX: [phone] \ Internet: www.enr.state.Itc.us/ENR/
AN EQUAL OPPORTUNITY\AFFIRMATIVE ACTION EMPLOYER-50%RECYCLED/10%POST CONSUMER PAPER

North Carolina-Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
- MINE INSPECTION REPORT
i (PERMITTED MINE)
1. MINE NAME 51aff-SatlCJmi 2. MINING PERMIT # 86 — 13
3. OPERATORSlate Saja� Cnjn�AV t6cd 510 4. 5urry
5. ADDRESS 1 �7co
6. PERMIT EXPIRATIO DA E I RIVER BASIN
8. Person(s) contacted at site S-I oye Furr f 1 1 _ _._
9. Was mine operating at time o inspection? ❑ Yes No ]0. Pictures? Yes ❑ No
11. Date last inspected: Z /2�/ 12. Any mining since last inspection? ❑ Yes "o
13. Is the mine in compliance with the Operating Conditions of the Permit? lE Yes ❑ No
If no, explain:
14. Is the mine in compliance with the Reclamation Conditions of the Permit? Yes No
If no, explain: I M i5 . srriib
2
15. Did any of the above deficiencies result in offsite damage? ❑ Yes 15 No If yes, describe the
type and severity of the damage:
16. Corrective measures needed and/or taken: See_ 1+em ly
17. Other recommendations and comments:
18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes No (Explain) ❑ Not Reviewed
Hattie Apr �Pt r 70`)(�
� 41Mn I�lAli re Wo IS ComPlet�
19. Follow-up inspection needed? Yes ❑ No Proposed date / /
20. No. of additional pages of Inspection Report_ 21. Copy of Report sent to operator 1 /13 /07ci.
INSPECTED BY: ' Q Tim LAAm DATE /(22/)67
OW
Telephone No: f33 O -7 7 l— 51`AO
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

MINING CHECKLI5T FOR ROUTING
Applicant's Name: p Slrt e �V`� Project Name:
Applic./Per�t NoN .Q- County: Ju cry a
V Date Received:
II U
Reviewer: YriS�t� ( l lc LI 'v'\ River 5aoin Name: �Ia inn - Pic U-Q-9-
i
❑New ❑Renewal ❑ Modification (inside permit boundaries)
❑ Modification (outside permit boundaries) ❑Transfer 6`elea5e
❑Partial Release ❑Additional Information ❑ Fee Needed: $
❑Fee Received: $
Please route entire application package to:
�S R C7 Regional Office (2 complete copies; attach the "LQ5 Regional
Office Mining Application Review Checklist" to one copy and attach �the DWQ and DAQ
"Mining Application Review Form"to the other copy; send both copies.to-the`Regionaal Engineer)
Date: Routed Ia��DRec'd
❑ Division of Water Resources Date: Routed Rec'd
❑ NC Wildlife Re5ource5 Commission Date: Routed Rec'd
❑U5 Fish & Wildlife Service Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
Please route first 3 pages of the application and an,y location maps to:
❑ Division of Parks & Recreation Date: Routed Rec'd
❑NC Geological Survey Section Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
❑ Division of Archives & History Date: Routed Rec'd
(Only new applications)
❑Other: Date: Routed Rec'd
'* uoperl5e Date for Col'rli'I'lerit5: L 3 -D(o (no later than 25 days
from receipt)
;O_Please note the following:
m^-
aoot� A RR

State of North Carolina
Department of Environment and Natural Resources
Division of Land Resources
ANNUAL RECLAMATION REPORT FOR 2006 CALENDAR YEAR
North Carolina General Statutes 74-55 and the Mining Regulations require that"The mine operator shall, by February 1 of each
year during the life of the permitted operation, and within 30 days of completion or termination of mining on an area under permit,
file with the Department a mining reclamation report on a form prescribed by the Department."
PLEASE PRINT OR TYPE
Name of Mine: �- /L� d County: `/ Mining Permit-No.:
Mining Permit Expiration Date: Z _ f ' ZO/6' River Basin Name: ya/�i2
Name of Company/Owner on Permit Document:
Official Mailing Address: 41­919-S
City: 14i2rtir /l/ 5. Zip Code: ,720p17
Telephone: Check if change of address or telephone: ❑
1. If mine is now inactive, when did mining stop? Date: �'��` o UO /
s this stoppage permanent? A---"(es — No
40
r1f yes, do you wish to have this mine site released from your reclamation bond? r�Yes No
2. Was new land affected in 2006? Yes r/No _
If yes, how much? acres
Is map on file current? _ /Yes No
If not, submit updated map showing affected acreage.
3. Estimate land to be newly disturbed by mining in the 2007 calendar year: acres
Check here if no new acreage is to be affected in 2007:
*4. List by category the total amount of disturbed and unreclaimed land present at this site at the end of
the 2006 calendar year.
(A) TAILINGS PONDS: acres (D) PLANTAREA: Zlf acres
(B) STOCK PILES: �� acres (E) MINE EXCAVATION: acres
(C) *WASTE PILES: � acres TOTAL DISTURBED
AREA @ SITE: acres
*NOTE: WASTE PILES should include overburden storage/disposal areas and berms.

5. State and describe the amount and type of reclamation carried out in the 2006 calendar year:
Check here if no reclamation completed in 2006: LJ
Signature of Company Officer/Owner
Print Name:
Title:
Date:
'Complete and return by February 1, 2007 two copies of this form along with two copies of an
updated mine map (see note below) for each permitted mining operation to:
Land Quality Section
DENR
1612 Mail Service Center
Raleigh, INC 27699-1612
FAILURE TCj 0ILE'TI�I- IS FORM BY THE DATE SPECIFIED MAY RESULT IN THE ASSESSMENT OF
CIVIL"PENALTIES AND COULD RESULT IN THE REVOCATION OF YOUR MINING PERMIT.
SHOULD YOU HAVE ANY QUESTIONS, PLEASE CALL [phone]. .
NOTE: If your operation was idle in 2006, or no new acreage was affected by mining, and no areas
were reclaimed in 2006, you do not have to send an updated mine map. Also, if you have
completed a permit action since January 1, 2006 (which involved updating your mine map),
you do not have to send an updated mine map. However, the blue report form must be
completed for all mines under permit.
RECEIVED
OEC 08 2006
LAND QUALITY SECTI01 I
1,900 copies of this public document were printed at a cost of$133.34 or$.07 per copy. 122006
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES-LAND QUALITY SECTION

Subject: [Fwd: Slate Sand Mine 1 &2]
From: Matt Gantt<[e-mail]>
Date: Wed, 23 Feb 2005 09:34:13 -0500
To: Judy Wehner<Iudy.Wehner@ncmail_net>
-------- Original Message --------
Subject:Slate Sand Mine I & 2
Date:Wed, 23 Feb 2005 09:31:34 -0500
From:Eric Shook <Eric.Shook a,ncmail.net>
Reply-To:Eric.Shook a.NCmail.net
Organization:NC DENR- Winston-Salem Regional Office
To:Matt Gantt <[ylatt.Gantt a.ncmail.net>
Matt,
Brooks and I inspected Slate Sand Mine #1 & 2 on 2/22/05 and found that both mines are not in a
position to be released at this time. Our concerns were:
Slate Sand Mine #2
1. Complete stabilization of access point needs to occur (as per reclamation condition 2A)
2. All scrap metal and concrete need to be removed(as per reclamation condition 2B)
3. The sand stockpile on the North side of site needs to be leveled and stabilized(per minimum
standard 43)
Slate Sand Mine #1
1. Large concrete barriers need to be removed from the site. (per reclamation condition 2B)
Let me know if you have any fiuther questions or comments concerning Slate Sand Mine I & 2.
Thanks,
Eric
Matt Gantt
NC DENR Winston-Salem Regional Office
Land Quality
585 Waughtown Street
Winston-Salem, NC 27107
Voice: (336) 771-4608 ext 236
FAX: (336) 771-4631
Matt Gantt <Matt.Gantt a.NCmail.net>
I of 2 2/23/2005 9:49 AM

MINII�NG�11 pC�HECKL15T FOR ROUTING
l
Applicant's Name: l e de Project Name:
Applic./Permit No..:W 13 County: J�Wh4l Date Received: ////02 3
Reviewer: l3AL.." River Basin Name: �iLr
❑ New ❑ Renewal ❑ Modification (inside permit boundaries)
❑ Modification (outside permit boundaries) ❑Transfer
❑Partial Release ❑Additional Information ❑ Fee Needed: $
❑ Fee Received: $
Please route en/tire application package to:
- L/1, Aini-A hfW/d�i�egional Office (2 complete copies: attach the "LQ5 Regional
Office Mining Application Review Checklist"to one copy and attach both the DWQ and DAQ
"Mining Application Review Form" to the other copy: send both copies to the P`eclorlal Engineer)
Date: Routed o,�'pec'd
❑ Division of Water Resources D uted Rec'd
❑ NC Wildlife Resources Commission Da o to Rec'd
❑ U5 Fish & Wildlife 5ervice ate: o ClRec'd
(Only new applications an odification eques tha add land to the permit)
rjV
location
❑ Division of Parks & Recreation Da Routed Rec'd
❑ NC Geological 5urvey Section \ Routed Rec'd
(Only new applications and modi ation requests that add land to the permit)
❑ Division of Archives & History Date: Routed Rec'd
(Only new applications)
❑Other: Date: Routed Rec'd
**5uoren5e Date for Comments: L (no later than 25 days
from receipt)
❑ Please note the following:
U
��/ni n

9/91
RELEASE REQUEST FORM
Instructions: Fill out this form if all mining has ceased, you have
completed all of the required reclamation work and you wish to be released
from the conditions of your permit . Retain the pink copy for your records
and return the yellow and white copies to the Land Quality Section Regional
Office serving your area or to:
N. C. Dept . of Environment, Health and Natural
Resources
Land Quality Section
110 la �i� %-x )OF Ce.-nt-n-
Raleigh, N. C. 246�1--?{r8f
/ / ( ?-a(o Ib12
OPERATOR -
MINE NAME -
PERMIT NO.
COUNTY
I have completed all of the required re lamation work at the above
referenced site. I am hereby requesting to be released from the conditions
of this mining permit and that the posted bond be returned to my attention.
Signed G'f�C// Z'
Ti t l e Af--"A
DATE

r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Michael F. Easley, Governor
Director and State Geologist February 28, 2007 William G. Ross Jr., Secretary
Mr. Cecil Slate
Slate Sand
4485 Hwy 268W
Ararat, NC 27007
RE: Slate Sand Mine
Mining Permit No. 86-13
Surry County
Yadkin River Basin
Dear Mr. Slate:
An inspection of your mine was conducted on January 22, 2007, to determine if the site
was reclaimed in accordance with the conditions of Mining Permit No. 86-13 and the
requirements of The Mining Act,of 1971. The inspection revealed that although mining has
ceased and the site has been graded and seeded, you are required to remove the large
concrete barriers, various pipes, and timbers from the site. Thus, the Department cannot
release this site at this time.
Please continue to monitor the site and provide proper maintenance, as needed, to
ensure that a vegetative groundcover is permanently established. Once the concrete barriers,
pipes, and timbers are removed from the site, please contact Mr. Matt Gantt, PE, Regional
Engineer, Land Quality Section of our Winston-Salem Regional Office at [phone], to
schedule an inspection for final release of this site.
Thank you for your cooperation in this matter.
Sincerely,
FloyarR. Williams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRW/kh
cc: Mr. Matt Gantt, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 /FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 27604
An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 1 10%Post Consumer Paper

RE QU E S T F OR =N F aRMAT S O N
Name and address of person requesting information:
Information to be sent (check all that apply) :
Business Card
❑ Mining Act of 1971
❑ Administrative Rules
Application Form
❑ Mining Brochure
Guidelines on Reclamation Bonds
Assignment of Savings Account Form
Irrevocable. Standby Letter of Credit Form
�`✓ Suretv Bond Form
ARenewal Checklist
❑ Modification Checklist
❑ Transfer Checklist
D L^ n❑ Other: ^ !�C C�,JP QAIUIJ u(
* Susan - After sending the above .information:
❑ PLEASE FILE THIS FORM UNDER REQUESTS FOR
INFORMATION
❑ PLEASE FILE THIS FORM IN THE MINE FILE (PERMIT
"v NO.

I/
I
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
( 'A DIVISION OF LAND RESOURCES
September 8, 2000
N MEN, R .
Mr. Cecil Slate
1557 Highway 268 W
}."NAMES B.H UNT J R. �.
!{•GOVERNOR Ararat, North Carolina 27007
RE: Slate Sand Mine
Surry County
Yadkin River Basin
tl$WAVNE'MCDEV ,
Uj.tom ITT
6+1
;Ry SECRETARYx Dear Mr. Slate.
The application for a mining permit for the above referenced mine
I - site has been found to meet the requirements of G.S. 74-51 of The Mining
GHAR I IH H k Act of 1971. As we have received the required security to cover this
GARDNIE
G^,P F.E. application, I am enclosing the mining permit.
AND STATE GEOLOGIST-.
The conditions of Mining Permit No. 86-13 were based primarily
x1 upon information supplied in the application with conditions added as
necessary to insure compliance with The Mining Act of 1971. This permit
expires on September 7, 2010. G.S. 74-65 states that the issuance of a
mining permit does not supersede local zoning regulations. The
responsibility of compliance with any applicable zoning regulations lies
g with you.
( As a reminder, your permitted acreage and affected acreage for
w this site are both 6.56 acres, as indicated in the application and on the
mine map dated July 11 , 2000.
I A, Please review the permit and notify this office at [phone] of
any objection or questions concerning the terms of the permit.
I
g Sincerely,
Tracy . Davis, P.E., C.P.M.
State Mining Specialist
Land Quality Section
w
TED/jw
Enclosures
cc: Mr. Matt Gantt, P.E.
I,. Ms. Monika Sharma-WRC, w/enclosures
Mr. Bradley Bennett-DWQ, w/enclosures
LAND QUALITY SECTION [phone] FAX[phone]
GEOLOGICAL SURVEY SECTION [phone] FAX[phone]
Y. ("'! h',1 P.O. Bo%276A>, RA LEIQN, NORTH CA ROLINq 27611-7687 TELEPHONE[phone] FAX [phone]I /
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/I0% POST-
CONS VMER PAPER

I
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF 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:
,. Cecil Slate DBA Slate Sand
Slate Sand Mine
Surry County - Permit No. 86-13
for the operation of a
Sand Dredging Operation
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 September 8 2010

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 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.
Definitions
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.
Expiration Date
This permit shall be effective from the date of its issuance until September 8, 2010.
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 Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact the
Stormwater Section, Division of Water Quality, to secure any necessary
Stormwater permits or other approval documents.

® 0 Page 3
2. A. Any mining process producing air contaminant 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. The channel of the waterway shall not be constricted or widened.
4. 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.
5. Only a hydraulic dredge shall be used to excavate material from the riverbed.
6. The following steps shall be taken at this mine site to ensure safety to boaters and
others who may use the section of the river covered by this mining permit:
A. Signs shall be placed on the northerly bank of the river at the upstream extremity
and the downstream extremity of dredging operations warning river traffic of the
dredging operation.
B. The dredge shall operate in the river only during daylight hours. When the
dredge is in operation in the river, the dredge shall at no time be operating closer
than twenty-five feet to the bank. The dredge shall face upstream, the direction
from which most all river traffic would approach the dredge. When river traffic
approaches, the operator shall cease pumping and idle. If river traffic is headed
around the southerly side of the dredge, the operator shall wait to resume
operations until the river traffic passes. If the boater is headed towards the
northerly side of the river, the side where the pontoon supported pipeline is
located, the operator shall exit the pilot house and flag traffic around to the
southerly side of the river.
C. The cables extending from the dredge to the bank shall be up and out of the .
water at all times except possibly when one cable is slackened in anticipation of
moving the dredge using the opposite winch. This technique shall not be
undertaken when there is river traffic in the area. With the cables extending
upwards to the river bank, the cables shall be at least eight (8) feet above the
water level and easily avoidable by river traffic. Highly visible markers shall be
used to mark the cables.
D. If an anchor system set in the middle of the river is utilized, the cables extending
from the dredge to the anchor system shall extend parallel with the flow of the
river and shall be under water to a depth of at least three feet at the anchor. A
buoy shall be used to mark the location of the anchor.
E. No dredging operations shall be performed at any time when the level of the river
exceeds three feet above normal river level.
F. When the dredge is moored at the side of the river, all piping and portions of the
dredge shall be tied off such that no part of the dredge or equipment extends out
from the bank by more than twenty feet.

Page 4
7. A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, silt check dams, silt 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 or
natural watercourse in proximity to the affected land.
B. All surface water runoff from the processing, stockpile and wastepiles at the site
shall be diverted to the sediment basins/pits or other appropriate erosion and
sedimentation control structures.
C. All erosion and sedimentation control measures shall be installed and maintained
as indicated on the mine map dated July 11 , 2000.
D. The existing boat ramp shall be stabilized with vegetation and rip-rap or large
pieces of concrete, such as lengths of broken curb and gutter, to prevent erosion
and sedimentation problems from occurring at said boat ramp.
8. A. Riparian vegetation shall be planted immediately to stabilize any exposed
riverbanks to prevent continued erosion of said riverbanks.
B. A minimum 40 foot undisturbed buffer shall be maintained along the riverbank,
except in those minimal areas where access during the operation is essential
(i.e. boat ramps, discharge pipes, etc.). At such access points, all stabilizing
roots and stumps shall not be removed or otherwise disturbed on the riverbank.
C. No mining shall occur in the Yadkin River between May 1 and June 30 to protect
fish spawning activities in the mining area.
9. 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 as 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 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

Page 5
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 Land Resources iprior 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
5. verification that a permanent vegetative groundcover will be established.
10. 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.
11. 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.
12. Sufficient buffer (minimum of 25 feet) shall be maintained between any mining activity
and any mining permit boundary, right-of-way, bridge abatement or other structure to
protect adjacent property.
13. 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.
14. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $3,700.00
Assignment of Savings Account 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. 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.
16. 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.

Page 6
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 are 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 grade and revegetate the disturbed land areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The channel banks shall be restored to as near the natural condition as possible.
B. The processing plant, dredge, dredge pipes and sediment basin pipes shall be
removed from the site upon termination of mining activities prior to final grading
and seeding of the affected area.
C. The processing, stockpile, and waste areas shall be graded and stabilized.
D. The access road shall be graded and stabilized.

o 0
Page 7
E. All sediment basins shall be backfilled, leveled, and stabilized.
F. No contaminants shall be permanently disposed of at the mine site. On-site.
disposal of waste shall be in accordance with Operating Condition Nos. 9.A.
through D.
G. The affected land shall be graded to prevent the collectiorl of noxious or foul
water.
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as follows:
Spring/Summer May 1-Sept. 15 Fall/ Winter Sept. 15-April 30
Browntop millet 20 Ibs/a Rye grain 120 Ibs/a
Korean Lespedeza 20 Ibs/a Korean lespedeza 20 Ibs/a
Shrub lespedeza 1 Ibs/a Shrub lespedeza 1 Ib/a
Add one of the following to the above mixture:
Crown Vetch 5 Ibs/acre
Ladino Clover 5lbs/acre
Alfalfa 5 lbs/acre
Any woody debris (slash or large trees) removed during development of the site should be
placed along the outer stockpile/compost area construction limits in the form of brush piles
and downed logs to provide cover and nesting habitat for wildlife.
The banks of the river that have been impacted by the access area shall be reforested with
a mixture of indigenous species such as sycamore, black willow, and river birch. These
shall be planted in a manner and density on the top of the bank and on the stream bank
slopes down to the edge of the water so as to mimic pre-mining conditions, restore edge
habitat and provide shade.
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 (2) years of completion or termination of mining.
Permit issued this 8th day of September, 2000.
BY:6z
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
Department of Environment and Natural Resources

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MEMORANDUM
TO: File
FROM: Susan Edward��
SUBJECT: Notice of Issuance of Mining Permit
A copy of he attac d "Notice e o Issuance of Mining Permit" was sent to
all people listed in the Affidavit of Notification and any additional people who
sent in letters. If a public hearing was held, a copy of the "Notice of
Issuance of Mining Permit" was sent to all people who signed the sign in sheet
at the public hearing. My initials , written in red, will be beside the names of
the people in the file who were sent this "Notice" .
cc: Regional Engineer

NOTICE OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed as an adjoining land owner
in the application for a mining permit filed by Cecil Slate DBA Slate Sand to conduct mining
activities off Rockford Road in.Surry County. The mining permit (no. 86-13) was issued on
September 8, 2000.
North Carolina law allows persons aggrieved by the issuance of a mining permit to
contest the decision by filing a petition for a contested case in the Office of Administrative
Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA).
If you believe that you are an aggrieved party within the meaning of the APA, a petition
for a contested case must be filed in the Office of Administrative Hearings within sixty(60) days
of the mailing of this notice to you.
If you file a contested case petition, it must be in writing and in the form prescribed by
N.C. General Statutes 1506-23. File the original petition and one copy with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N. C. 27699-6714.
Any questions about filing a petition may be directed to the Clerk of the Office of
Administrative Hearings by telephoning [phone].
You must serve the Department of Environment and Natural Resources by mailing
a copy of the petition to Mr. Daniel F. McLawhorn, Registered Agent and General Counsel,
Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, N. C.
27699-1601.
Charles H. Gardner
Director
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
This notice was mailed or '"'4" ��, woo
Susan Edwards
Mining Program Secretary
0

t NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
® September 8, 2000
NCDENR �_
MEMORANDUM
,,","AM ESB.HUNT JR. e
GOVERNOR 1 TO: Charles Gardner, Director
Division of Land Resources
THROUGH: Mell Nevils, Chief G K
'WAY NE MCDEVITT
S ARY�
aG Land Quality Section
ECRET
6.0 q o� 80 THROUGH: Tracy Davis, State Mining Specialist
°,A 8 ° �a. Land Quality Section
CHARLES H.GARDNER
y./P.G.,P.ENDIRECTOR FROM: Judy Wehner, Assistant State Mining Specialist
\AND STATEGEOLOGIST
�D m© Land Quality Section
I � RE: Mining Permit Application Review
°e Cecil Slate's
°a a Proposed Slate Sand Mine
' Surry County
Recommendations: The staff of the Land Quality Section (LQS) has
completed its review of the above referenced application and
recommends that it be approved with certain conditions as provided for
under G.S. 74-51. The permit document is attached for your review and
consideration.
A Review Procedure: The staff of the Land Quality Section reviewed the
permit application which was submitted on June 7, 2000 and all
r — supplemental information filed subsequent to the initial application.
Furthermore, the N. C. Department of Cultural Resources-Division of
Archives and History, the Division of Water Quality, Division of Water
Resources, the Division of Parks and Recreation and the staff of the N. C.
Wildlife Resources Commission (WRC) were also afforded the
g m opportunity to comment on the proposal.
;a In addition to the governmental agency input noted above, a public
�^ hearing was held on the proposal on August 15, 2000 at the Surry County
p Commissioners' Meeting Room in the Surry County Government Center in
Dobson, NC. A summary of the public comments was signed by Ms.
Nann Guthrie, Hearing Officer, and is attached to this memorandum along
m with the draft permit and mine file.
LAND QUALITY SECTION (919)]33-45]4 FAX(919)]33-28]6
O °
p5.4ESa GEOLOGICAL SuBvev SECTION [phone] FAX[phone]
Vom °OQe� P.O.BOX 2]68],RALEIG H, NORTH CAROLI NA 27611-7687 TELEPHONE[phone] FAX[phone]
AN EQUAL OPPORTUNITY/AFFI R MATI VE ACTION EMPLOYER-50% RECYCLED/10% POST-CONSUMER PAPER

Mr. Gardner
Page 2
Findinos: All of the information obtained to date was reviewed with respect to G.S. 74-
51 (1-7):
(1) "That any requirement of this Article or any rule promulgated hereunder
will be violated by the proposed operation";
There is no evidence to suggest that the proposed operation will violate
the Act as there are over 25 sand dredge operations presently under
permit in the State that comply with the requirements of the Act.
(2) 'That the operation will have unduly adverse effects on potable
groundwater supplies, wildlife or fresh water, estuarine, or marine
fisheries'
A detailed erosion and sediment control plan adequately addresses
stormwater runoff from disturbed areas - see Operating Condition No. 4.
In a memorandum dated June 16, 2000 from the N. C. Wildlife Resources
Commission (NCWRC) to the Land Quality Section, NCWRC
recommended a moratorium on mining during the May through June warm
water fish spawning season, recommended leaving brush piles on site for
cover, and recommended seeding specifications and riparian vegetation
for any necessary bank restabilization. All of the recommendations have
been added to the permit. See Operating Condition No. B.C. and
Reclamation Condition No. 3.
(3) 'That the operation will violate standards of air quality, surface water
quality, or groundwater quality that have been promulgated by the
Department';
Operating Conditions Nos. 1 and 2 of the draft permit require,
respectively, that the operation comply with state water and air quality
regulations.
The Division of Water Resources (DWR) was requested to review the
mining permit application. No obvious adverse effects were foreseen by
DWR staff.
The LQS has no documentation of a similar type operation ever causing a
significant adverse impact on off-site wells.

s ® - .
,. _ .
;.::
�.. _ :,
,:�

Mr. Gardner
Page 3
(4) 'That the operation will constitute a direct and substantial physical hazard
to public health and safety or to a neighboring dwelling house, school,
church, hospital, commercial or industrial building, public road or other
public property, excluding matters relating to use of a public road";
Appropriate buffers are provided for in the site plans and referenced to in
the permit. In addition, boater safety has been addressed in all dredge
operating permit conditions, including placement of warning signs and
directing river traffic around the dredge. See Operating Condition Nos. 6.
, 8.B. and 12.
(5) 'That the operation will have a significantly adverse effect on the
purposes of a publicly owned park, forest or recreation area';
The application was routed to the Division of Parks and Recreation for
their review. No such sites were thought to be affected by the operation.
(6) 'That previous experience with similar operations indicates a substantial
possibility that the operation will result in substantial deposits of sediment
in stream beds or lakes, landslides, or acid water pollution'
A detailed sediment and erosion control plan has been developed for this
site and should provide adequate protection to the surrounding
environment.
Specific buffer zones have been incorporated into the permit to provide
adequate protection against bank sloughing and landslides at this site.
See Operating Condition Nos. 8.B. ., 10. and 12.
(7) That the applicant or any parent, subsidiary, or other affiliate of the
applicant or parent has not been in substantial compliance with this
Article, rules adopted under this Article, or other laws or rules of this State
for the protection of the environment or has not corrected all violations
that the applicant or any parent, subsidiary, or other affiliate of the
applicant or parent may have committed under this Article or rules
adopted under this Article and that resulted in:
a. Revocation of a permit,
b. Forfeiture of part or all of a bond or other security,
C. Conviction of a misdemeanor under G.S. 74-64,
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74=64.

Mr. Gardner
Page 4
Mr. Slate was assessed a civil penalty several years ago for mining without a
permit at a separate site. The enforcement case has been settled and there are
no outstanding or unpaid penalties remaining against Mr. Slate or Slate Sand
Company.
Conclusions: There is no evidence to indicate that the proposed operation will violate
any part of G.S. 74-51 (1-7) as outlined and reviewed above.
JW
Attachments
cc: Mr. Matt Gantt, P.E.

NORTHOF
AND N DEPARTMENT ES
ENVIRONMENT AND NATURAL RESOURCES
NCDENRDIVISION OF PARKS AND RECREATION
7 I July 21, 2000
J' 3u
GOVEORHUNiT1J
YY44�{ o IL]] a e
a
JUL 2
BHOLMAN 4 2000
MEMORANDUM
• I
, SECRETARY
RETARY
DENR
' LAND OUALITY SECTION
Q
DRSPHIL'IPy K.MCKELLY TO: Judy Wehner
C DIRETOR• 07�N w'
© T; FROM: Stephen Hall
o Q o �d
SUBJECT: Mining Permit Mining Permit Application Request Request—Mr. Cecil
Slate
Slate Sand Mine
o' Surry County
° •a ,0
• The Division has reviewed the proposed project for potential impacts to State Parks and
Recreation Areas, Wild and Scenic Rivers,Dedicated State Nature Preserves,Registered
Natural Heritage Areas, and Priority Natural Heritage Areas. No such sites are likely to
be affected, although the project may affect recreational use of the Yadkin River Canoe
Trail. We recommend that the applicant provide information to the Division on how
operations may affect the safety of canoeists and other boaters and whether appropriate
4 .
signage warning about possible hazards will be provided.
According to the Natural Heritage Program database,no federally listed species of plants
or animals have been recorded from the vicinity of the project site.
p
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6o ID1^� 1615 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27689-I 615
(5 PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10q POST-CONSUMER PAPER

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X „ NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
. DIVISION OF LAND RESOURCES
June 9, 2000
N MENR
MEMORANDUM
•?'AME9 B."°NTJ TO: Mr. Phillip McKnelly, Director
GOVERNO n R Division of Parks and Recreation
1 .q FROM: Susan B. Edwards, Mini!} Program Secretary
Land Quality Section orV
IWAAE MCDEVI,
BEGRETARY 'O
y& Q�
SUBJECT: Mining Permit Application Request for Mr. Cecil Slate
Cop ° Slate Sand Mine
° of Surly County
u a
CNARLES H.GARDNER
G.,RE.XDIRE OR Please find attached for your review a copy of the first three pages of the
AND STATEiWEOL0G19T mining permit application and a location map for the above referenced project.
BB
Please review this information and advise as to the probability of this operation
having a significantly adverse effect on the purposes of a publicly owned ark forest
„�°'< • - m g g Y P rP P Y park,
or recreation area(G.S. 74-51 (5)). Please respond by June 29,2000 so that we may
' complete our review of this request within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment
control measures to ensure that they are sufficient to restrain erosion and off-site
sedimentation. However, any comments your agency can provide regarding effects on
publicly owned parks, forests or recreation areas would be greatly appreciated. I f your
staff wishes to perform a site inspection, it is recommended that they contact the
" person submitting this request to set up a convenient date and time. Also, please send
a copy of your comments to the person noted in the application. RETURN ALL
APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW
. _
COMMENTS TO THIS OFFICE.
Your continued cooperation in the review of these type requests is greatly
appreciated. Please contact Ms. Judy Wehner at [phone] if you have any
=oo ao,g m questions.
Mp.
/SBE
Attachments
a� D
GCJ cc: Mr. Matthew Gantt
Dm�
M.. m
LAND QUALITY SECTION [phone] FAX [phone]
4&Me GEOLOGICAL SURVEY SECTION(919)733-2423 FAX[phone]
P.O.BOX 27687, RALEIGH,NORTH CAROLINA 2761 1-7 687 TELEPHONE[phone] FAX[phone]
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NORTH CAROLINA DEPARTMENT OF
ly� ENVIRONMENT AND NATURAL RESOURCES
NCDENRDIVISION OF WATER RESOURCES
n
Memorandum O C
4 1 ^
.JAM 6 B� HUNT;'JR i D IL
To: Susan B. Edwards
iv
~ E Mining Program Secretary JUL 1 0 2000
s , Land Quality Section
,. Al HoLMAN DENR
I` SECRETARY I LAND QUALITY SECTION
From: Daniel L. Jones -DJ
Ground Water Branch
MORRIS North Carolina Division of Water Resources
DIRECTOR Q,
oon
o p e ' a do
Re: Mining Permit Application Request for Mr. Cecil Slate
o Slate Sand Mine
Surry County
s�
L
y�l �
m�
Date: 06/29/00
Based on the information contained in the permit application for the above
referenced site; I foresee no immediate or obvious adverse effects on potable ground
water supplies in the area of the Slate Sand Mine Site.
I
„ Any water withdrawal will be subject to North Carolina General Statute 143-
215.22H; Registration of Water Withdrawals and Transfers Required. Any person
" I who withdraws in one day 100,000 gallons (70 gpm) or more of surface water or
ground water in North Carolina is required to register the withdrawal with the
r _ Division of Water Resources. A Capacity Use Area#1 permit must be obtained
from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per
day and occurs in Beaufort, Carteret, Craven, Hyde, Pamlico,Tyrrell, or Washington
v County.
If you have further questions please contact the Division of Water Resources at (919)
733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-
E� 1611.
rum
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©p�'�- MAILING ADDRESS: 1 61 1 MAIL SERVICE CENTER, RALEIGM, NC 27699-I611 6 ��q PHYSICAL ADDRESS: 512 N. SALISBURY STREET, RALEIGH, NC 27604
PHONE [phone] FAX [phone]
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
AA .tune 9, 2000 �y 7
�iRig
NCDENR, MEMORANDUM
p ,I, JUN A
TO: Mr. Nat Wilson
.�l AMES B.HUNT'JR. Hydrogeology Group DIVISION OF
��gvee Division of Water Resources WATER RESOORGES
FROM: Susan B. Edwards '
, pp9 Mining Program Secretary
_R Land Quality Section
1WAYNE MCDEVIyT
SECRETARY, '4
SUBJECT: Mining Permit Application Request for Mr. Cecil Slate
Slate Sand Mine
Surry County
CHAARLES H.GARUNER Please find attached for your review a copy of the mining permit
y,jPG.,aEDIRec�r'oR application for the above referenced project.
AND STATE,GEOLOGIST
e©
Please review this information and advise as to the probability of this
g operation having an unduly adverse effect on potable groundwater supplies (G.S.
° B 74-51 (2)) or groundwater quality (G.S. 74-51(3)). Please respond by June 29,
DB 9 q a 2000 so that we may complete our review of this request within our statutory time
( limits.
Any comments your agency can provide regarding potential effects on
potable groundwater supplies and groundwater quality will be appreciated. We
would like to have any recommendations you may provide for pennit conditions,
for reasonable protection of groundwater quantity or quality.
i
If your staff wishes to perform a site inspection, it is recommended that
they contact the person submitting this request to set up a convenient date and
F time. Also, please send a copy of your comments to the person noted in the
application.
PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS
r — - WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms.
Judy Wehner at [phone] if you have any questions.
°000 ao /SBE
e
Attachments
cc: Mr. Matthew Gantt
Q�
Wm
LAND QUALITY SECTION [phone] FAX[phone]
GEOLOGICAL SURVEY SECTION(919)733-2423 FAX[phone]
°�q^8 P.O. Box 27687, RALEIGH, NORTH OAROLINA 27611-7887 TELEPHONE[phone] FAX [phone]
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Surface Mining Manual � • Reclamation Boncs
MINE RECLAMATION BCNO CALCULATION WORKSEEET io/:;/9s
(based upon 10-year mine/affected area plan)
t No .
Permittee/ApolicCaOr.-t1: (� 9,0 �/
Mine Name: �((� 477[401
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE COST
Tailings/
Sediment Ponds Ac. ;{ $ QD zC. _ $ lJ�OD
Stockoi-Ies ,0� ?.c. X S offloQW/ Ac. _ $ 90 00
'lastepiles Ac. X $ $
?recessing Area/ J
Haul Roads g8 Ac- x S Ad. _ $ /5 8yW
Mine Excavation Ac. X S Ac. _ $
Other Ac. X $ / Ac. _ $
TOTAL A EFECTED AC. : (o•6 Ac. . ,
Temporary & Permanent Sedimentation & Erosion Control Measures :
Divide the TOTAL AFFECTED AC. above into the following two
categories : a) affected acres that drain into proposed/existing
excavation and/or b) affected acres that will be graded for
positive drainage, measures will be needed to prevent offsite
sed ment
a) Internal Drainage 5�_ Ac.
b) Positive DrainageW Ac. X $ 1500 / Ac. _ $ �
SUBTOTAL COST: S
Inflation Factor:
0 .02 X SUBTOTAL COST: $s3Ja9 x permit life: /0
(1 to 10 years)
INFLATION COST: $_ 60iu
TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 3 is (,
TOTAL RECLAMATION BOND COST: $ 26
(round down to the nearest $100)
Figure 17-1 - Bond Calculation Worksheet (Page 1)
February 1996 North arccina Department of Environment, Health anb Natural Resources 17-5

Redamation Bonds •
SurfaceMining Manual
!6'1u 95
Bond Based upon: Annual Reclamation Report Form Acreage
Approved 10-Year Kine/Reclamation Kan
Remarks :
Bond Calculated By:
Date of Bond Calcclation:����
*PLEASE RM41T THE REQUIRED BOND, ON ONE OF THE BOND FORME APPROVED
BY THE DEPARTMENT, AS SOON AS POSSIBLE TO OBTAIN YOUR NEW MINING
PERMIT OR TO ENSURE THAT YOUR EXISTING MINING PERMIT REMAINS VALID
IF YOU SHCULD HAVE ANY QUESTIONS ON THE ABOVE, PLEASE CONTACT TBE
INDIVIDUAL WHO CALCULATED YOUR BOND AT (919) 733-4574 .
Figure 17-1. Bond Calculation Worksheet (Page 2)
17-6 ,North Carclina Decarment of Environment, Health and Natural Pescurces Feoruary 1996

DATE TO ASSISTANT — o DATE TO SON
LOGGED IN
MINING CHECKLIST FOR ROUTING Q� � � /�JJ//��
Company �(�Cl cQ� Project Name _f&A bt'L�d AWa
Permit No. County Date Received /
Reviewer
Please make copies of check to include with Central Office and
Field Office files and log in checks.
* ❑ New . ❑ Renewal ❑ Modification ❑ Transfer ❑ Release
❑ Additional Information ❑ Fee Needed
❑ Fee Received: Amount
Please route to:
(,,
wV�mkdfkt,' Field Office Date Routed —/ C��
❑ Wildlife Resources Commission Date Routed
* ❑ Archives and History Date Routed
❑ Other: Date Routed
Suspense Date for Comments: 11116D (Date received +30 days ,
not on weekend)
Please note the following:
J
*SUSAN: Please -make file and return Checklist and file to Reviewer

APPLICATION FOR A MINING PERMIT
A table/chart must be provided on the mine map that clearly lists the approximate acreage of
tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other
major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining
permit. A table/chart similar to the following will be acceptable:
JUL 13 2000 L
IF CATEGORY AFFECTED ACREAGE
LAND OU DET R
Tailings/Sediment Ponds Q� secrloN
Stockpiles
Wastepiles
Processing Area/Haul Roads �, g
Mine Excavation j 6
Other
NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-
SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING
QUESTIONS/SUESTIONS TATEMENT THROUGHOUT HE FORM).THIS APPLICATION FORM THIS APPLICE NOTE ATION WILL NOT
BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY
ADDRESSED ON THE MINE MAPS.
p � Q [� Od1
JUL
1 3 2000 D
DENR
LAND OLIALITY.SECTION
-5-

1
t� s 11
tlO,M32 YTI.IAUO O'AAJ
I

J U L - 6 2000 ,
h rolina Department of Cultural Resources, DENR
DENRYTY SECTION
LAND QUALITY SECTION State Historic Preservation Office I----- ----- -------------
David I..S.Brook,Administrator
James B.Hunt Jr.,Governor Division of Archives and History
Betty Ray McCain, Secretary Jeffre w,Director
—— --
June 30, 2000 L .-
MEMORANDUM D
i
TO: Tracy E. Davis
Land Quality Section
Division of Land Resources, DENR � -
FROM: David Brook
Deputy State Historic ['reservation Officer
SUBJECT: Slate Sand Mine, Surry County, ER 00-10 150
Thank you for giving us the opportunity to review and comment on the above project pursuant to
Chapter 74, Article 7 of the North Carolina General Statutes.
Because of the location and topographic situation of the proposed project area, it is unlikely that any
archaeological sites which may be eligible for inclusion in the National Register of Historic Places will
be affected by the proposed borrowing. We, therefore, recommend that no archaeological
investigation be conducted in connection with this project.
Thank you for your cooperation and consideration. If you have questions concerning the above
comments, please contact Ms. Renee Gledhill-Earley, Environmental Review Coordinator, In 919/733-
4763.
DB:scb
Location Mailing Address Telephone/Fax
ADMINISTRATION 507 N. Blount St., Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 [phone] 733-8653
ARCHAEOLOGY 421 N. Blount St., Raleigh NC 4619 Mail Service Center. Raleigh NC 27699-4619 [phone] 715-2671
RESTORATION 515 N. Blount St., Raleigh NC 4613 Mail Service Center, Raleigh NC 27699-4613 [phone] 715-4801
SURVEY & PLANNING 515 N. Blount St., Raleigh NC 4618 Mail Service Center, Raleigh NC 27699-4618 [phone] 715-4801

DATE TO ASSISTANT — DATE TO S*N
LOGGED IN
NE N�ING// CHpECKLIST FOR ROUTING
Company �.tGddaJClil►iK Lf1• Project Name
Permit No. _ County Date Received _
Reviewer
Please make Vopies of check to include with Central Office and
Field office files and log in checks.
* P' New ❑ Renewal ❑ Modification ElTransfer ❑ Release
JLJ Additional Information ❑ Fee Needed
❑ Fee Received: Amount
Please route to: //JJ
IN 2&11_V)L 2&t=� Field Office Date Routed —lo— a00/O
❑ Wildlife Resources Commission Date Routed
* ❑ Archives and History Date Routed
❑ Other: Date Routed
Suspense Date for Comments: I 17 /OD (Date received +30 days,
not on weekend)
Ef"Please note the following:
OV `
*SUSAN: Please make file and return Checklist and file to Reviewer
-White Copy to Field Office ellow and Pink Copies to Copy to`Susan

Natural Resources Conservation Service
P. O. Box 219
Dobson, NC 27030
July 3,2000
Subject: Slate Sand Company Dredge Operation
Location: Yadkin River
To Whom It May Concern:
Alter reviewing the proposed plans and seeing dredging operations that Mr. Slate has run, I see no adverse
environmental problems. The dredging will increase stream channel capacity and create a pool for fish.
Greg Goin
Soil Conservation Technician
JUL - 3 2000
DENR
LAND QUALITY SECTION

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Re: Slate Sand Mine Application 0 •
Subject: Re: Slate Sand Mine Application
Date: Fri, 23 Jun 2000 09:36:03 -0400
From: Steve Booe <[e-mail]>
Organization: NC DENR
To: judy wehner <[e-mail]>
Judy,
Cecil Slate is applying for the mining permit directly across the river. Tim
Garrett is reviewing the application.
judy wehner wrote:
> Can you tell me who has the mining permit across from this site so I can
> make sure the permits don 't overlap. Thanks.
>
> Steve Booe wrote:
> > Judy,
> > I have found the following defeciencies with this mine permit
> > application. -
> > 1. . An adequate mine map was not submitted with the application.
> > 2. An adequate location map was not submitted with the application.
> > 3. Number 2 on page 2 of the application was left blank.
> > (latitude,longitude, quadrangle, and river basin)
> > Concerns:
> > 1. He states buffers are not applicable in his permit application and
> > yet shows buffers on his drawing he submitted as a mine map.
> > 2. Item 5A on page 12 is very vague.
> > 3. Where is the location of the topsoil coming from in item 6 on page
> > 13?
> > 4. The last concern is the application for a sand mining permit
> > directly across the Yadkin River on the Yadkin County side.
> > Sincerely,
> > Steve Booe
1 of 1 6/23/2000 12:38 PM

Slate Sand Mine Application 0 •
Subject: Slate Sand Mine Application
Date: Fri, 23 Jun 2000 08:50:06 -0400
From: Steve Booe <Steve.Booe@nc mail.net>
Organization: NC DENR
To: Judy Wehner <[e-mail]>
CC: Matt Gantt <[e-mail]>
Judy,
I have found the following defeciencies with this mine permit
application.
1. An adequate mine map was not submitted with the application.
2. An adequate location map was not submitted with the application.
3. Number 2 on page 2 of the application was left blank.
(latitude, longitude, quadrangle, and river basin)
Concerns:
1. He states buffers are not applicable in his permit application and
yet shows buffers on his drawing he submitted as a mine map.
2. Item 5A on page 12 is very vague.
3. Where is the location of the topsoil coming from in item 6 on page
13?
4. The last concern is the application for a sand mining permit
directly across the Yadkin River on the Yadkin County side.
Sincerely,
Steve Booe
n� U
JU
Oki
0
1 of 1 6/23/2000 9:21 AM

i l
a.
9 North Carolina Wildlife Resources Commission 9
Charles R.Fullwood, Executive Director
MEMORANDUM
JUN 1 9 2000
TO: Susan B. Edwards, Mining Program Secretary
Land Quality Section
DErd,
It LAND pUALf=E�1L
FROM: 9oe H. Mi& y for Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: June 16, 2000
SUBJECT: Mining permit Application Request for Mr. Cecil Slate, Slate Sand Mine, Surry
County
This correspondence responds to a request by you for our review and comments on the
referenced mining permit application. A site visit was conducted on June 16, 2000 with Mr.
Cecil Slate, mine owner. These comments are provided in accordance with certain provisions of
the Mining Act of 1971 (as amended, 1982; G.S. 74-46 through 74-68; 15 NCAC 5) and the
North Carolina General Statutes (G.S. 113-131 et seq.).
Mr. Slate proposes to mine sand from the Yadkin River at a new site in Surry County.
Mining will be accomplished with a hydraulic dredge. Based on the site visit, the existing 30 to
50 foot wide vegetated buffer adjacent to the river will not be disturbed except at one location.
This site will be for construction of a ramp for hydraulic dredge access. This access will be
approximately 50 feet wide and will be constructed in an area that will require no large tree
removal.
The following information may be beneficial for the protection and enhancement of fish
and wildlife should the operation be permitted by your agency:
1. We-r6comm-eehd°a m6rit6rium`�on minmg-during'the Ma —June waz water fish
�z
spawning season.t
e F 2. Any woody debris (slash or large trees) removed during development of the site
`I should be placed along the outer mine site construction limits in the form of brush piles
and downed logs to provide cover and nesting habitat for wildlife.
3. Revegetation of disturbed soils should include the following seed mixtures for
both soil stabilization and wildlife benefits:
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721
Telephone. [phone] ext. 281 • Fax: [phone]

• •
Spring/Summer Mixture, May 1 - Sept. 15 Fall/Winter Mixture, Sept. 15 - April 30
Browntop millet 20 Ibs/a Rye grain 120 Ibs/a
Korean lespedeza* 20 Ibs/a Korean lespedeza* 20 Ibs/a
Shrub lespedeza 1 Ib/a Shrub lespedeza 1 lb/a
* On slopes less than 3:1 use Korean lespedeza
�0 opes-greaf`er than 3 l-use_Crown�Vetch
Add one of the following to the above mixture
Crown Vetch 5 Ibs/acre
Ladino Clover 5 Ibs/acre Lime& fertilize disturbed areas according
Alfalfa 5 Ibs/acre to soil test results.
At-this.time,we.recommend-that orchard-grass be utilized-instead-of fescue-and-that
sericeaaespedeza:not,be_utilized�
4. If the mining operation is terminated, we recommend that the banks of the
creek that have been impacted by the access area be reforested with a mixture of
indigenous species such as sycamore, black willow, and river birch. These should be
planted in a manner and density on the top of the bank and on the stream bank slopes
down to the edge of the water so as to mimic pre-mining conditions, restore edge habitat,
u
and provide shade. Only the minimal amount of streambank should be devegetated for
access to the stream.
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact me at 336/769-9453
Cc Cecil Slate, Slate Sand Company

P
FryL7 NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
�, DIVISION OF LAND RESOURCES
ALA'
June 9, 2000
NCDENR ` MEMORANDUM
TO: Mr. Ron Linville
JAME6B.F ONTJR'
, Habitat Conservation Program Coordinator
,
GOVBRNOR Wildlife Resources Commission
Ip FROM: Susan B. Edwards
P. Mining Program Secretary
'WAYNE MCDEVITTu4 ; Land Quality Section
SECRETARY '
8" SUBJECT: Mining Permit Application Request for Mr. Cecil Slate
u Slate Sand Mine
CHARLE9 M.GA ER Surrt� County
y,SP.G.,P.EDI RECTOR
ANDSTATEiGEOLOGIST Please find attached for your review a copy of the mining permit application
B�
°B � request for the above referenced project.
It
1 OF Please review this information and advise as to the probability of this operation
" Dga •r P Y P
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)).
J Please respond by July 2, 2000 so that we may complete our review of this request
within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment
control measures to ensure that they are sufficient to restrain erosion and off-site
sedimentation. However, any comments your agency can provide regarding effects on
wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to
perform a site inspection, it is recommended that they contact the person submitting
this request to set up a convenient date and time. Also, please send a copy of your
comments to the person noted in the application. RETURN ALL APPLICATION
MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS
OFFICE.
Your continued cooperation in the review of these type requests is greatly
o"oao 0 o°g appreciated. Please contact Ms. Judy Wehnerat [phone] if you have any
questions.
g /SBE
Attachments
c� cc: Mr. Matthew Gantt
m
n m O LAND QUALITY SECTION [phone] FAX[phone]
dAp GEOLOGICAL SURVEY SECTION(919)733-2423 FAX[phone]
o�[�a9 P.O.Box 27687,RALEIGH•NORTH CAROLINA 27611-7687 TELEPHONE[phone] FAX[phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/10•)a' POST-CONSUMER PAPER

n�SITE REVIEW FORM •
DEM COMMENTS
Project: 5_v � � Sid -'/}✓a ✓at county: 5urrq
Due: (o�2 co
—�- . _
Water Quality Issues:
1 . Watershed/Stream Name and Classification:
YLXLVIV1 Basiv)
03 0-7 02 C lass "C� wc- e-K5 - yadkan �?ivZ✓
2 . Permits : _ YES NO / rebuirt5 a,vn
NPDES Permit .Required X NcCG 50oaoo
NPDES Permit Existing
7C PcrvMC t
Nondischarge Permit Required
Nondischarge Permit Existing X
NOV Issued
Civil Penalty Assessed/Injunction -- -
Requested
3 . Wetlands :.
Wetlands Disturbed —
401 Certification Required
A ' ualit Issues :
Air mit Required
Air Per * Existing
NOV Issued
Civil Penalty As sed/Injunction
Requested
Groundwater Issues :
Well Permit Requ ' ed
Well Permit sting
Groundwat Contamination Problem
NOV Is ed
Civ ' Penalty Assessed/Injunction
Requested
Comments :
U Signed Date

� = /� ��
�� � �� �
� �
��
1

` DATE TO ASSISTANT(O— a DATE TO SON
LOGGED IN
, MINING CHECKLIST FOR ROUTING
Company UGc t' Af C�7a i Project Name Ala i '-5j4a1&4"7
Permit No. County (/li+< ✓ Date Received 4-J-7160
Reviewer
U
Please make copies of check to include with Central Office and
Field Office files and log in checks.
*'❑ New ❑ Renewal ❑ Modification ❑ Transfer ❑ Release
loe
❑ Additional Information .❑ Fee Needed /S�
❑ Fee Received: Amount
Please- route// '' '' to:
/ oj
❑ o'- -rli Field Office Date Routed !/0—
Ole
,o- Wildlife Resources Commission Date Routed
❑�/
Archives and History Date Routed
Other: /✓W�C V� t . �JWt1 Date Routed
�itco�io Q .�r'l k;O
4b-qaXSuspense Date for Comments: (Date receive days,
not on weekend)
/
l/ Please note the following:
( ".,A) i10/19/..1
*SUSAN: Please make file and return Checklist and file to Reviewer
White Copy to Field Office Yellow and Pink Copies to File Goldenrod Copy to Susan

r`
` .

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
INCDENR h,: June 9, 2000
Mr. Cecil Slate
JAMES B.HUNT JR: !iW
Company
:.GOVERNOR .j Slate Sand Company
<,a" 1557 Highway 268 West. . g Y
41 Ararat, North Carolina 27007
<, w•a5 .E 1 CDEVITT RE: Slate Sand Mine
'^WAYN M ., 't '
T
SECRETARY. Surry County
1
°i Dear Mr. Slate:
C$A�GI' P Ill C y, ^{J
YIGHARES H:GA`RRONEy:` We are in receipt of your mining permit application for the Slate Sand Mine in Surry
L
PG PE DIRECTOR County. Anew mining permit will require the submittal of a nonrefundable$150.00
AND STATE GEOLOGIST ;.
fyL processing fee.
We regret that we cannot complete processing the above materials until we have
received the necessary fee as authorized by the 1990 North Carolina General
v. a
Assembly in G.S. 14313-290 and as set forth in the fee schedule adopted by the North
R
Carolina Mining Commission 15A NCAC 5B.0012. We will continue processing the
paperwork but cannot complete the request for a new permit until the appropriate fee
l.'�,: ' has been received by this office.
;L. ,
i j
Please remit by check or money order $150.00 payable to the North Carolina
x i T Department of Environment and Natural Resources. DO NOT SEND CASH.
Payments should be mailed to:
Attention: Ms. Judy Wehner
f:
Assistant Mining Specialist
Land Quality Section
N.C. Dept. of Environment and Natural Resources
1612 Mail Service Center
Raleigh, N. C. 27699-1612
Full payment must be received by this office within 30 days or your materials will be
'y^ returned unprocessed.
:=_
GEOLOGICAL SVRVEY S¢cTlory (919)733-2G23 FAR(919)733-C
P.O.BOX 27687, RALEIGH, NORTH CAROLINA 27611.7687 TELEPHONE[phone] FAX IS 19)715.8801
• iA .`l..h•• / ..
.. ._ AN EQUAL OPPORTUNITY/AFPIRMATIVE ACTION EMPLOYER-SOq RECYCLEDl10Ye POST-CONSUMER PAPER

Mr. Cecil Slate
June 9, 2000
Page 2
A copy of the fee schedule as adopted by the North Carolina Mining Commission is attached. The
section pertaining to the materials that you have submitted has been highlighted. See the fee schedule
for further explanation. If you have any additional questions, please contact our office at (919) 733-
4574.
Thank you for your cooperation.
Sincerely,
4;�
Susan B. Edwards
Land Quality Section
/SBE
Attachment

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
June 9, 2000
NCDENR: MEMORANDUM
N}. S
TO: Mr. Ron Linville
JAMES B.HUNTJR. Habitat Conservation Program Coordinator
=G°YER"GR Wildlife Resources Commission
.� FROM: Susan B. Edwards
1' 1. Mining Program Secretary
WAYNEMCDEVITT �•' �'
Land Quality Section
SECRETARY
SUBJECT: Mining Permit Application Request for Mr. Cecil Slate
Slate Sand Mine
^'x�r2^.�,•:` '� SunyCounty
;p•.CHARLESH:GARONER,�
.- P.E.'.DIRE CTOR'p,
"k Please find attached for our review a co of the mining permit application
AND STATE GEOI:OQIST�..A y copy g p pp
request for the above referenced project.
1�-4{jN^4M1
K
Please review this information and advise as to the probability of this operation
" having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)).
; 4 .:. Please respond by July 2, 2000 so that we may complete our review of this request
a within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment
=. ,•` control measures to ensure that they are sufficient to restrain erosion and off-site
j sedimentation. However, any comments your agency can provide regarding effects on
' wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to
perform a site inspection, it is recommended that they contact the person submitting
this request to set up a convenient date and time. Also, please send a copy of your
comments to the person noted in the application. RETURN ALL APPLICATION
``= — •= MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS
OFFICE.
Y Your continued cooperation in the review of these type requests is greatly
appreciated. Please contact Ms. Judy Wehner at [phone] if you have any
questions.
Attachments
' -- �'� - -•pL�q- AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMFLOYER-50q RECYCLED/10.a POST-CONSUMER PAPER

• � NORTH CAROLINA DEPARTMENT OF
: ENVIRONMENT AND NATURAL RESOURCES
4, 1 .�-. PA"
DIVISION OF LAND RESOURCES
June 9, 2000
NC®ENR: MEMORANDUM
• ,1121E.Y-N. a' T�
r% � TO: Mr. Nat Wilson
Hydrogeology Group
JAME9 B.HUNTJR.'^l1. -
,.
GOVERNOR Division of Water Resources
-y el
'L FROM: Susan B. Edwards
-, Mining Program Secretary
>, Land Quality Section
, WAYNE MCDEVITT��
SECRETARY •y•
oftil s��. r SUBJECT: Mining Permit Application Request for Mr. Cecil Slate
Slate Sand Mine
�L F Surry County
CHARLe9 H.GARONER 1; Please find attached for your review a copy of the mining permit
P.G;P.E:�OIRECTOR.,�, , application for the above referenced project.
AND STATE GEOCOGI9T. �
r'
Please review this information and advise as to the probability of this
H'. operation having an unduly adverse effect on potable groundwater supplies (G.S.
74-51 (2)) or groundwater quality (G.S. 74-51(3)). Please respond by June 29,
2000 so that we may complete our review of this request within our statutory time
limits.
;} Any comments your agency can provide regarding potential effects on
& ;' potable groundwater supplies and groundwater quality will.be appreciated. We
l would like to have any recommendations you may provide for permit conditions,
for reasonable protection of groundwater quantity or quality.
f
A, If your staff wishes to perform a site inspection, it is recommended that
' I they contact the person submitting this request to set up a convenient date and
{ time. Also, please send a copy of your comments to the person noted in the
t ., '':.. ; application.
L"12 r_rTFil
----� PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS
WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
....,.�.�_ _ � Your continued cooperation is greatly appreciated. Please contact Ms.
Judy Wehner at [phone] if you have any questions.
77
:d�YLT» /tl -
+ 2" /SBE
.. .
r Attachments
w cc: Mr. Matthew Gantt
��^Ynin
,•4�'c`, 1%' .y`+2-T-'•..-�+"+'•fYJ•J P.O. SOX 27667, RALEIO H,NORTH CAROIINA 27611 J66] TELEPHONE[phone] FAX 19191]19.8901
SOq RECYCLE O/10Ye POST-CONSV MER PAPER
ILrYa-WL-f J- AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-

NORTH CAROLINA DEPARTMENT OF
w t,. ENVIRONMENT AND NATURAL RESOURCES
�.'441 i"y�}, f,Y DIVISION OF LAND RESOURCES
`i June 9, 2000
NCDENR
MEMORANDUM
Axe
.UAME9 B.HUNTJR."; TO: Mr. Phillip McKnelly, Director
I,
, GOVHRNOR Division of Parks and Recreation
FROM: Susan B. Edwards, Mini Program Secretary
Land Quality Section �r
WAVNE MCDEVITSCCRHTARY,ARY� Tj
'!SECRETARY, k SUBJECT: Mining Permit Application Request for Mr. Cecil Slate
Slate Sand Mine
���AN N. n'.• SurryCounty
CHARLES He GARCINE
P.G.;PE=DIREcroR 4y� Please find attached for your review a copy of the first three pages of the
NpD�STA G,.OI�B�T4qL�= mining Permit application and a location map for the above referenced project.
' Please review this information and advise as to the probability of this operation
I having a significantly adverse effect on the purposes of a publicly owned park, forest
a or recreation area (G.S. 74-51 (5)). Please respond by June 29, 2000 so that we may
IN complete our review of this request within our statutory time limits.
I 4
As is the case in our review of all mining permit applications, renewals and
I , I modifications, this office will carefully review all proposed erosion and sediment
1y ~J control measures to ensure that they are sufficient to restrain erosion and off-site
sedimentation. However, any comments your agency can provide regarding effects on
I 1 publicly owned parks, forests or recreation areas would be greatly appreciated. If your
! t staff wishes to perform a site inspection, it is recommended that they contact the
person submitting this request to set up a convenient date and time. Also, please send
; a copy of your comments to the person noted in the application. RETURN ALL
APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW
COMMENTS TO THIS OFFICE.
Your continued cooperation in the review of these type requests is greatly
.,
appreciated. Please contact Ms. Judy Weluler at [phone] if you have any
questions.
/SBE
Attachments
w
cc: Mr. Matthew Gantt
P.O.BOX 27687, RALEIGH, NORTH CAROLINA 2761 1-7607 TELEPHONE[phone] FAX[phone]
AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER-SO% RECYCLED/10q POST-CONSUMER PAPER

6h
NORTH CAROLINA MINING
PERMIT APPLICAT
o �
o d
State of North Carolina
Department of Environment
and Natural Resources
Division of Land Resources
Land Quality Section
M O R T Rg� C A R O�L1 N M1
I R O O R M
P . O . Box 27687
Raleigh, North Carolina 27611-7687
( 919 ) 733 -4574
Revised 10/97

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine &gj� � County. �ZZ�
2. Name of Applicant*.4Di/e----'1A�0F
3. Permanent address for receipt of official mail**I1W✓f
/ /b
Q Telephone(,IIW �11�
4. Mine Office Address
z Telephone/33&')
5. Mine Manager
We hereby certify that all details contained in this Permit Application are true and correct to the best
of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for
permit revocation. �y
***Signature �O/�� Date
Print Name 455f 011
Title
* This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond (security) that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** Signature of company officer required.
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of
receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the
filing of any supplemental information required by the Department. All questions must be addressed and all
required maps provided before this application can be considered complete. Attach additional sheets as
needed.

APPLICATION FOR A MINING PERMIT
■ NOTE: All of the following questions must be thoroughly answered with regards to your mining
operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,
detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
Answer all of the following that apply:
1. a. If this is an application for a NEW permit, indicate the total acreage at the site to e cov red
by the permit (this is the acreage that the "new permit" fee will be based upon)ier
�.�Z
Of this acreage, how much is owned and how mggh is leased? Acres owned: 47 Acres
leased: S Property owner if leased:
b. If this is an application for RENEWAL of a mining permit, indicate the mining permit ni}rp r
and the total (overall) acreage covered by the existing permit: Mining Permit No.: /4
Total permitted acreage (this is the acreage that the "renewal" fee will be
based upon):
c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit
number jand the total (overall) acreage covered by the existing permit: Mining Permit
No.: Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
Yes No_. If yes, indicate the acreage to be covered by this modification (this is the
acreage that the "major modification" fee will be based upon):
Does the modification involve acreage outside the previously approved permitted boundary?
Yes_ No_. If yes, indicate the additional acreage to be covered by this
modification: (NOTE: you must complete all of Section F. of this application
form entitled Notification of Adjoining Landowners).
Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed,
ground cover removed) by the mining operation? Yes_No_ (if no, a "minor modification"
fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the
acreage to be affected within the acreage to be added to the permit (the total acreage to be added
to the permit is the acreage that the "major modification" fee will be based upon):
d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number
and the total (overall) acreage covered by the existing permit: Mining Permit No.:
Total permitted acreage:
■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT
TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE
NOTED ABOVE
2. Indicate the approximate longitude anc, latitude, in d -s-minutes-seconds, of t cuter of the mine
site: LONGITUDE (dd-mm-ss): U Quadrangle: �f,&Llir✓✓
LATITUDE (dd-min-ss): - - River Basin:
3. . Name of all materials mined:
i1 u
zV O ��1 .rr)

c� i � tozm

• 0
APPLICATION FOR A MINING PERMIT ` /
4. Mining method: Hydraulic Dredge , Front-end Loader & Truck Shovel & Truck
Dragline & Truck. Self-loading Scraper Other (explain)
5. a. Expected maximum depth of mine (feet) - — Reference elevation:
b. Expected average depth of mine (feet) _
6. Has any area(s) at this site been mined in the past? Yes_ No_ If no, proceed to Question 7.
a. Acreage of previously affected land(s) at present site that has not been reclaimed:
acres (identify all areas on your mine map(s)).
b. When and by whom was this activity conducted?
c. Acreage of previously affected land at present site that has been reclaimed: acres
(identify all areas on your mine map(s)).
d. When and by whom was this activity conducted?
e. Do you wish to exclude any areas noted in 6a or c from this permit application?
Yes_ No . If yes, how much? acres (identify all areas on your mine map(s)).
7. Present (pre- ning) use of the land (estimate acreage for each):
Cropland acres Pasture acres Forestry acres Fish/Wildlife acres
Recreation acres Other acres (Specify use: )
8. Proposed land use after mining and reclamation has been completed (estimate acreage for each):
Cropland IeUtk acres Pasture acres Forestry acres Fish/Wildlife acres
Recreation acres Other acres (Specify use: )
9. Number of years for which the permit is requested (10 years maximum): O yP
B. MAPS
1. Four (4) copies of the county highway maps and four (4) copies of all mine maps and reclamation
maps shall be submitted with each permit application.
County highway maps may be obtained from:
Location Department
State Highway Commission
Raleigh, North Carolina 27602
[phone]
Clearly label and mark the location of your mining operation on the county highway maps.
-3-

s 0
APPLICATION FOR A MINING PERMIT
2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged
topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on
the maps along with their corresponding (approximate) acreage. As a reminder, mining permits
can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote
those activities that are intended to be conducted during the life of the mining permit. All maps
must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the
following, at a minimum:
a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located
including easements and rights-of-way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.
d. Outline and width of all buffer zones (both undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
f. Outline and acreage of all stockpile areas.
g. Outline and acreage of all temporary and/or permanent overburden disposal areas.
h. Location and acreage of all processing plants (processing plants may be described as to location
and distance from mine if sufficiently far removed).
i. Locations and names of all streams, rivers and lakes.
j. Outline and acreage of all settling and/or processing wastewater ponds.
k. Location and acreage of all planned and existing access roads and on-site haul roads.
1. Location of planned and existing on-site buildings.
in. Location and dimensions of all proposed sediment and erosion control measures.
n. Location of 100 year floodplain limits and wetland boundaries.
o. Names of owners of record, both public and private, of all adjoining land.
p. Map legend:
1. Name of applicant
2. Name of mine
3. North arrow
4. County
5. Scale
6. Symbols used and corresponding names
7. Date prepared and revised
8. Name and title of person preparing map
Map scales must, at a minimum, meet the following guidelines:
PERMITTED ACREAGE MAP SCALE
0-99 Acres 1 inch = 50 feet
100-499 Acres I inch = 100 feet
500+ Acres 1 inch = 200 feet
-4-

® 0
APPLICATION FOR A MINING PERMIT
A table/chart must be provided on the mine map that clearly lists the approximate acreage of
tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other
major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining
permit. A table/chart similar to the following will be acceptable:
CATEGORY AFFECTED ACREAGE
Tailings/Sediment Ponds
Stockpiles
Wastepiles
Processing Area/Haul Roads
Mine Excavation y
Other
NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-
SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING
QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED
QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT
BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY
ADDRESSED ON THE MINE MAPS.
l✓`
gFr/G�I

•
APPLICATION FOR A MINING PERMIT
C. PROTECTION OF NATURAL RESOURCES
1. a. Will the operation involy washing the material mined, recycling process water, or other waste
water handling? Yes No . If yes, briefly describe all such processes including any
chemicals to be used.
b. Will the peration involve discharging fresh or waste water from the mine or plant?
Yes No If yes, briefly describe the nature of the discharge and locate all
proposed discharge points (along with theirmet/hod of stabilization) on your mine map(s)./
X07j/f(�/ �-G/L�//
c. Will any part o�the proposed mine excavation(s) extend below the water table?
Yes No If yes, do you intend to dewater the excavation(s)? Yes_ No_. If yes,
what impact, if any, will mine dewatering have on neighboring wells? Locate all existing wells
on the mine maps) that lie within 500 feet of the proposed excavation area. Provide data to
support any conclusions or statements made. Indicate whether the proposed mine locale is
served by a public water system or private wells.
d. If the mine will extend below the water table, what is the pre-mining depth (in feet) to the
seasonal high and low ground water tables? High ft. Low ft. What is the source
of this
information?
e. If you answered yes to any of the above questions, provide evidence that you have applied for
or obtained the appropriate water quality permit(s) (i.e., non-discharge, NPDES, etc.) from the
Division of Water Quality, Water Quality Section.
-6-

® 0
APPLICATION FOR A MINING PERMIT
2. a. Will the operation i olve crushing or any other air contaminant emissions?
Yes No If yes, indicate evidence that you have applied for or obtained an air
quality permit issued by the Division of Air Quality or local governing body.
b. How will dust from stockpiles, haul roads, etc., be controlled?
3. Describe in detail the chronological sequence of land disturbing activities and reference the sequence
to the mine map(s). Attach additional sheets as needed.
4. Describe specific erosion control measures to be installed prior to land disturbing activities and
during mining to prevent offsite sedimentation (include specific plans for sediment and erosion
control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed
sequence of installation and schedule for maintenance of the measures. Locate and label all sediment
and erosion control measures on the mine map(s) and provide typical cross-sections/construction
details of each measure. Engineering designs and calculations shall be required when needed to
justify the adequacy of any proposed measures.
7

• a
APPLICATION FOR A MINING PERMIT
5. a. How wide a buffer will be maintained between any mining activity and any adjoining permit
boundary or right-of-way? Buffers must be located within the permit boundaries. Buffers along
permit boundaries must be, at a minimum, unexcavated buffers. Show all buffer locations and
widths on the minemap(s).
b. How wide a buffer will be maintained between any land disturbing activities within the permit
boundaries and any natural watercourses and wetlands? Buffers along natural watercourses and
wetlands must be undisturbed. Show all buffer locations and widths on the mine map(s).
6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries
during mining.
,/1/��
b. Describe other methods to be taken during mining to prevent physical hazard to any neighboring
dwelling house, public road, public, commercial or industrial building from any mine
excavation. Locate all such structures on the mine map if they are within 300 feet of any
proposed excavation.
/rA
-8-

APPLICATION FOR A MINING PERMIT
c. Describe what kind of barricade will be used to prevent inadvertent public access along any high
wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and
adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-
sect
ion and location of each type of barricade to be used must be indicated on the mine map(s).
d. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden
disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any
benches and/or slope drains (with supporting design information) if needed, and the method of
final stabilization.
e. In excavation(s) of unconsolidated (non-rock) materials, specify the angle of all cut slopes
including specifications for benching and sloping. Cross-sections for all cut slopes must be
providedd,on the mine map(s).
101
f. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross-
sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety
benches and mine benches, and the expected maximum depth of the excavation.
A
7. Are acid producing minerals or soils present? Yes No !� How will acid water pollution
from the excavation, stockpiles and waste areas be controlled?
-9-

• O
APPLICATION FOR A MINING PERMIT
8. Describe specific plans (including a schedule of implementation) for screening the operation from
public view such as maintaining or planting trees, bushes or other vegetation, building berms or other
measures. Show the location of all visual screening on the mine maps) and provide cross-sections
through all proposed berms or proposed spacings, sizes and species for tree plantings.
/`1
9. Will explosives be used? Yes_ No ✓ . If yes, specify the types of explosive(s) and describe
what precaution(s) will be used to prevent physical hazard to persons or neighboring property from
flying rocks or excessive air blasts or ground vibrations. Locate the nearest offsite occupied
structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to
the proposed excavation.
10. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes No__Z'/ If yes,
describe these materials, how they will be stored and method of containment in case of spill. Indicate
the locations) of all storage facilities on the mine map(s).
11. Are any processor waste, overburden or other such mine wastes to be disposed of off-site?
Yes No . If yes, describe in detail what these wastes are and how they will be disposed.
Attach a separate site map(s) showing the location(s) of the disposal area(s). Include all
specifications for erosion and sediment control.
-10-

APPLICATION FOR A MINING PERMIT
D. RECLAMATION PLAN
1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and
indicate the general methods to be used in reclaiming this land. This information must be illustrated
on a reclamation map and must correspond directly with the information provided on the mine
map(s)
2. a. Is an excavated or impounded body of water to be left as a part of the reclamation?
Yes No ./ . If yes, illustrate the location of the body(s) of water on the reclamation
map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum
average water depth must be at least 4 feet unless information is provided to indicate that a more
shallow water body will be productive and beneficial at this site. Will the body(s) of water be
stocked with fish? Yes No If yes, specify species.
b. Describe provisions for prevention of noxious, odious or foul water collecting or remaining in
mined areas. Provide details and locations of any permanent water outlets on the reclamation
map.
�4

® e
APPLICATION FOR A MINING PERMIT
3. Describe provisions for safety to persons and to adjoining property in all completed excavations in
rock including what kind of permanent barricade will be left. Construction details and locations of
all permanent
barricades must be shown on the reclamation map.
4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on-site mine
waste areas, including specifications for benching and sloping. Final cross-sections and locations
for such areas must be provided on the reclamation map.
5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways.
b. Will any on-site roadways be left as part of the reclamation? Yes e/ No If yes,
identify such roadways on the reclamation map and provide details on permanent ditch line
stabilization.
-12-

• A
APPLICATION FOR A MINING PERMIT
6. Describe the method of reclamation of settling ponds and/or sediment control basins.
7. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables,
or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No
off-site generated waste shall be disposed of on the mine site without prior written approval
From the NC Department of Environment and Natural Resources, Land Quality Section and
either the Division of Waste Management (DWM) or local governing body. If a disposal permit
has been issued by DWM for the site, a copy of said permit must be attached to this
application. All temporary and permanent refuse disposal areas must be clearly delineated on the
mine map(s) and reclamation map, along with a list of items to be disposed in said areas.
8. Indicate the method of restoration or establishment of any permanent drainage channels to a condition
minimizing erosion, siltation and other pollution. Provide design information, including typical
cross-sections, of any permanent channels to be constructed as part of the reclamation plan. Indicate
the location(s) of all permanent channels on the reclamation map.
9. Provide a schedule of reclamation that indicates the sequence of reclamation and approximate time
frame. If reclamation is to be accomplished concurrently with mining, then clearly indicate on the
mine maps) and reclamation map each segment that is to be mined and reclaimed during each year
of the permit. Add drawings showing typical cross-sections and final features of the proposed
reclamation.
-13-

APPLICATION FOR A MINING PERMIT
10. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must
include recommendations for year-round seeding, including the time of seeding and the amount and
type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding
instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation
utilizing only tree plantings is not acceptable. NOTE: The Revegetation Plan must be approved
and signed by one of the following:
a. Authorized representatives of the local Soil and Water Conservation District;
b. Authorized representatives of the Division of Forest Resources, Department of Environment and
Natural Resources;
c. Authorized county representatives of the North Carolina Cooperative Extension Service,
specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest
Resources at North Carolina State University;
d. North Carolina licensed landscape architects;
e. Private consulting foresters referred by the Division of Forest Resources, Department of
Environment and Natural Resources;
f. Others as may be approved by the Department.
LIME - RATE OF APPLICATION (tons/acre):
FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre):
SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING
SCHEDULE (pounds/acre):
MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF
ANCHORING:
OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING
SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc):
Revegetation and/or reforestation plan approved by:
Signature /� Date
Print Name 4'6r.1 LLZ_-&
Title
Agency
-14-

APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a
range of$500 to $5,000 per affected acre)for each permitted mine site based upon the acreage approved
by the Department to be affected during the life of the mining permit.
Please insert the approximate acreage for each aspect of the mining operation, that you intend to affect
during the life of this mining permit (in addition please insert the appropriate reclamation cost/acre for
each category from the Schedule of Reclamation Costs provided with this application form):
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE COST
i
Tailings/Sediment Ponds Ac. X $ /.S/ho /Ac. = $ 7 i0
Stockpiles Z Ac. X $ /Sm /Ac. = $ c2 70o
Wastepiles Ac. X $ .2oyo /Ac. = $ Soc)
Processing Area/Haul Roads 11W Ac. X $ /boo /Ac. = $ *,.SO
Mine Excavation 111A Ac. X $ /Ac. = $
Other Ac. X $ /Ac. = $
TOTAL AFFECTED AC.: 4f, Ac. 44{00
Temporary & Permanent Sedimentation & Erosion Control Measures:
Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into
proposed/existing excavation and/or b) affected acres that will be graded for positive drainage, measures will
be needed to prevent offsite sediment.
a) Internal Drainage Ac.
b) Positive Drainage 1i 2 Ac. X $1500 / Ac. _ $ 3750
SUBTOTAL COST: $ 8150
Inflation Factor:
0.02 X SUBTOTAL COST: $ 8150 X Permit Life (1 to 10 years): 140
INFLATION COST: $ I(�,7kp
TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 9780
• TOTAL RECLAMATION BOND COST: _ $ 9700
(round down to the nearest $100 . 00)
-15-

SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2, and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse nature
st that can return the card to you. , 0 Agent
■ ad that
this card to the back of the mailpiece, u �i(�,( ./
or on the front if space permits. ❑Addressee
D. Is delivery address .'.anrenCf`om item 17 ❑ Yes
1. Article Addressed to: If YES,an rveryraudi�Sg,bel\: ❑ No
► Its NaM�y �'d. �=�_ �� ti
3. �S Nice Type �
II^ n '•n/ .FJ Cenified Mail\ Express Mail
YJ• 1 .C.. a-�a� I- ❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number(Copy from service label)
I i i I i I I I I I I. g n 3y cry eCxi[, 1 � 1 13i39
PS Form 3811,July 1999 Domestic Return Receipt 102595-99-rx-i7e9

UNITFr IT`!5=I f9'Tl'--A5"U€
Postage 8 Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box
I�J,IL�JILi�Il�nii�Jrl�Jl II

Cecil Slate
Slate Sand Co.
1557Hwy. 268W
Ararat, N.C.27007
D Mr. Dennis Tompson
County Manager of Surry County D
118 Hamby Road /
Dobson, N.C. 27017
May29,2000
Dear Mr. Tompson,
I have operated a sand pumping operation in Sorry County for
approximately 13 years. We are moving to a new peice of property are hacing to
take out new permits.
I am required by the state to send this notice to the chief administration
offices by the county, so that you will be aware approximately 80% of the sand from
my operation is sold to Virginia Carolina Paving for use on Surry County roads.
Thank you for your time.
Sincerely,
Cecil Slate
Slate Sand

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 197I, Notice is hereby given thhat
has applied on
(Applicant Name) (Date)
Y
to the Land Quality Section,:Division of Land Resources, North Carolina Department of Environment
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit
(b) a modification to add adjacent land to an existing surface mining permit ❑
The applicant.proposes to mine 99� on / acres located
.� (Mineral, Ore) - (Number)
17 Z& G!�- / of z �'
(Miles) ¢¢ DD_ (Direectioon�n)) Q (Nearest Town)
off/near road /&7-p � in asez:z�
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all
owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the Department will consider' any relevant written
comments/documentation within the provisions of the Mining Act of 1971 throughout the application review
process until a final decision is made on the application.
� p
(Ad essee s Name and Address)
(Date of Issuance of this Notice/Mailed to Addressee)
(Name of Applicant)
/SS7.yt✓y L��Z� ����/l��oQ�
(Address of Applicant)
17

v 0
APPLICATION FOR A MINING PERMIT
F. NOTIFICATION OF ADJOINING LANDOWNERS
The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered
mail to all landowners who are adjoining (contiguous to) the permit boundaries as indicated on the
mine map(s). The only exception to the above is if another means of notice is approved in advance by
the Director, Division of Land Resources.
A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed
"Notice form (the proposed overall pernut boundaries and the names and locations of all owners
of record of land adjoining said boundaries must be clearly denoted on the tax map).
The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to
the Department, with the remainder of the completed application form, before the application will be
considered complete.
NOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW
MINING PERMITS AND FOR PERMIT MODIFICATIONS THAT ADD ADJACENT
LAND TO A MINING PERMIT.
■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF
NOTIFICATION"
-16-

SENDER: DELIVERY
■ Complete items 1,2,and 3.Also complete Received by(Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired. S 3rO0
■ Print your name and address on the reverse
so that we can return the card to you. C. Signature
■ Attach this card to the back of the mailpiece, X t
or on the front it space permits. essee
D. Is delivery address different from item 17 0 Yes
1. Article Addressed ttoo�:q If YES,enter delivery address below: ❑ No
h4J�(ti�CC/> QY'Ic ��2 01M�
S% C 3. Service Type
Certified Mail ❑ Express Mail
�JS��� .` ��V' /❑ Registered ❑ Return Receipt for Merchandise
O Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number(Copy from service label)
f I li I; Illllul I III ,�OtL(1112�{p011�(F I �;',)�' �(J(
PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789

UNITED STATES POSTAL SERVICE@� �' •p _ 'First,Class Maif
P M '�, •Postage& Fees Paid
rt+ •LISPS _ _ '�-
n' - Permit•No.G'10.---
• Sender: Please print you!name, address, and'ZIP+4-in•this`boz
CCO
J-G� bj

0
Cecil Slate
Slate Sand Co.
1557Hwy. 268W.
Ararat, N.C. 27007
Mrs.Kathleen Snow McCormick .(, v"
RR2. Box 304 D
Dobson, N.C. 27017
May 29,2000
Dear Mrs. McCormick,
I am in the process of renewing my permit with the State of North Carolina to pump
sand from the river. Iam required to send you a copy of this notice, since your land
adjoins my operation. I hope all is well with you.
Sincerely,
Cecil Slate
Slate Sand

v
NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
T m has applied on � '�� �0
(Applicant Nae) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment
and Natural Resources, P. O. Box 27687, Rai igh, North Carolina 27611, for (check one):
(a) a new surface mining permit
(b) a modification to add adjacent land to an existing surface mining permit ❑
The applicant proposes to mine -Aiiz on S acres located
(Mineral, Ore) (Number)
I of Z ,
/j S) ` (Dion) —'� (Nearest Town)
off/near road in
(Road
e � (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all
owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the Department will consider any relevant written
comments/documentation within the provisions of the Mining Act of 1971 throughout the application review
process until a final decision is made on the application. y
(Addressee's Name and Address)
(Date of Issuance of this Notice/Mailed to Addressee)
(Name of Applicant)
(Address of Applicant)
-17-

COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Delivery
item 4 if Restricted Detivery is desired. CYI Q Q
■ Print,your name and address on the reverse
. so that we can return the card to you. C. Signature
■ Attach this card to the back of the mailpiece, f X ❑ Agent
or on the front if space permits. - iL!% ddressee
D. Is delivery address different from item 1? ❑ Yes
1. An( icle Addressed to: / If YES,enter delivery address below: ❑ No
i �li��tQ &!hi'}"R4lA!l
1 / 3. Service Type
Certified Mail ❑ Express Mail
Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑ Yes
2. Article Number(Copy from service label)
; )c9ct 5460 (MD(, '06r-i rZ u
PS Form 3811,July 1999 Domestic Return Receipt 102595-99 M-1789

UNITED STATES POSTAL SERVI�CF,I T k/q� �—•Firs-Class Mail
o —�—•Postage R_, e Sid
-gild e
a'
• Sender: Please pri , address, and ZIP+4.in this bo

v
Cecil Slate
Slate Sand Co.
1557Hwy. 268W.
Ararat, N.C. 27007
Mr.Pillip L Smitherman ()�
PO Box 906
King,N.C.27021
May 29,2000
Dear Mr, Smitherman,
I am in the process of renewing my permit with the State of North Carolina to pump
sand from the river. Iam required to send you a copy of this notice, since your land
adjoins my operation. I hope all is well with you.
Sincerely,
Cecil Slate
Slate Sand

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
has applied on a62
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment
and Natural Resources, P. 0. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit
(b) a modification to add adjacent land to an existing surface mining permit ❑
The applicant proposes to mine / on S acres located
(Mineral, Ore) (Number)
of
(Miles) -(Direction) Q (Nearest Town)-
off/near road /z7z� ;E�� in
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all
owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the Department will consider any relevant written
comments/documentation within the provisions of the Mining Act of 1971 throughout the application review
process until a final decision is made on the application
(Ad ressee's Name and Address)
(Date of Issuance of this Notice/Mailed to
pp Addressee)
(Name of Applicant)
(Address of Applicant)
-17-

APPLICATION FOR A MINING PERMIT
p AFFIDAVIT OF NOTIFICATION
an applicant, or an agent, or employee of an applicant,
for a new Mining Permit, or a modification of an existing Mining Permit that adds adjacent land to the Mining
Permit, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby
attest that the following are known owners of record, both private and public, of the land adjoining the
proposed mining permit boundaries and that notice of the pending application has been caused to be mailed,
by certified or registered mail, to said owners of record at their addresses shown below, such notice being
tongive
a form provided by the Department:
.,- (Adjoining Landowner Name) (Address)
(Attach additional list if necessary)
I do also attest that the following individual is the chief administrative officer of the county or
municipality in which the proposed mining site is located and that notice of the pending application has been
caused to be mailed, by certified or registered mail, to said office at the following address:
(Chief Administrative Officer Name) (Address)
The above attestation was made by me while under oath to provide proof satisfactory to the Department
that a reasonable effort has been made to notify the owners of record of the adjoining land and the chief
administrative officer of the county or municipality in compliance with N.C.G.S. 74-50 and 15A N.C.A.C.
5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing
that the above notices were caused to be mailed and to provide them to the Department upon request.
d 6
Date Signature of Applicant
If person executing Affidavit is
an agent or employee of an applicant, provide the following
information: (Name of applicant) (title of person
executing Affidavit)
1, a Notary Public of the County of
State of North Carolina, do hereby certify that
personally appeared before me this day and under oath acknowledged that the above Affidavit was
made by him/her.
Witness my hand and notarial seal, this A day of VAI9 20o0
N wary
o•,........ .,
My Commission expires: I I cZ I - 20oT
N :
.,�Ry 00ut "o'

�✓
Q•r
ern
,u� t�O iC__� ^�7 r�
]���ps.e e..�a �7�p
' \./ 4, '�.till i
`Y R��� �' l J •�
�a,`"'� `4� ' r
J �`a.. _
:���e

v
APPLICATION FOR A MINING PERMIT
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our
lands or operation during regular business hours for the purpose of making necessary field inspections or
investigations as may be reasonably required in the administration of the Mining Act of 1971.
We further grant to the Department or its appointed representatives the right to make whatever entries
on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in
order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is
ordered pursuant to G.S. 74-59.
LANDOWNER: APPLICANT
Signature Signature
i /
Print Name: rfi>.Gi— // ll ei2[z/ Print Name:
Address (,11�G+i— /Vi Title:
Company:
Telephone Mine Name:,S���
*Signature must be the same as the individual who signed Page 1 of this application.
Four (4) copies of the completed application four (4) copies of all mine maps and reclamation maps and
the appropriate processing fee (see next page for fee schedule) in the form a check or money order
payable to the North Carolina Department of Environment and Natural Resources must be sent to the
Land Ouality Section Central Office at the address listed on the front cover of this application form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff
at [phone].
-19-

® 0
MINING
*A nonrefundable permit application processing fee is required when filing for a new mining
permit, a major permit modification or a renewal permit as follows:
TYPE ACRES** NEW PERMIT MAJOR RENEWAL
MODIFICATION
Clay 1 but less than 25 $500 $250 $250
25 but less than 50 1000 500 500
50 or more 1500 500 Soo
Sand & 1 but less than 5 150 100 100
Gravel,
Gemstone, and 5 but less than 25 250 100 100
Borrow Pits
25 but less than 50 500 250 Soo
50 or more 1000 Soo 500
Quarry, 1 but less than 10 250 100 100
Industrial
Minerals, 10 but less than 25 1000 250 500
Dimension
Stone 25 but less than 50 1500 Soo Soo
50 or more 2500 500 500
Peat & 1 or more 2500 Soo Soo
Phosphate
Gold (Heap
Leach) , 1 or more 2500 Soo Soo
Titanium &
Others
-A nonrefundable$50.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers,name
changes,bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted
area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other
-changes are considered major modifications.
--Acres for new permits and renewal permits means the toml acreage at the site. Acres for major modification of permits means that area of land affected by the
modification within the permitted mine area,or any additional land that is to he disturbed and added to an existing permitted area, or both.
3/94
-20-

LAND QUALITY SECTION HEAD UARTERS
Francis M. Nevils,Jr., P.E. lames D.Simons, P.G., P.E. -Chief Engineer Beth Chesson-Sediment Education Specialist Courier-52-01-00
Section Chief Vacant-Sediment Specialist [phone]
512 N. Salisbury Street David H. Ward -Acting Sediment Specialist Secretaries FAX#[phone]
P. O. Box 27687 Tracy E. Davis, P.E. - Mining Specialist
Raleigh, NC 27611 Judy Weimer-Assistant Mining Specialist Jan Bolick-Lead Secretary Caroline Medlin-Sedimentation Education
Tony L. Sample-Assistant Mining Specialist Stephanie Lane-Sediment&Dams Intem
James K. Lemmas, P.E. - Dam Safety Engineer Susan Edwards-Mining Carl Miller-LAN Coordinator
lack H. Palmer, P.E. -Assistant Dam Safety Eng.
LAND QUALITY SECTION REGIONAL OFFICES
ASHEVILLE MOORESVILLE WINSTON-SALEM RALEIGH
RICHARD PHILLIPS. P.E. DOUG MILLER, P.E. MATTHEW GANiT, P.E. JOHN HOLLEY, P.E.
Interchange Bldg. 919 North Main Street 585 Waughtown Street 3800 Barrett Drive
59 Woodfin Place Mooresville, NC 28115 Winston-Salem, NC 27107 P. O. Box 27687
Asheville, NC 28801 Raleigh, NC 27611
COURIER- 13-15-01
COURIER-06-78-16 COURIER-09-08-06 - (910)7714600(58) INTEROFFICE
[phone]-(52) [phone]-(54) FAX#[phone] (919)5714700-(55)
FAX#[phone] FAX#[phone] FAX#[phone]
Alamance Alleghany Ashe
Avery Buncombe Burke Alexander Lincoln Caswell Davidson Davie Chatham Durham Edgecombe
Caldwell Cherokee Clay Cabarrus Mecklenburg Forsyth Guilford Rockingham Franklin Granville Halifax �P
Graham Haywood Henderson Catawba Rowan Randolph Stokes Surry Johnston Lee Nash (`
N
Jackson Macon Madison Cleveland Stanly Watauga Wilkes Yadkin Northampton Orange Person
McDowell Mitchell Polk Gaston Union Vance Wake
n Rutherford Swain Transylvania Iredell -
Warren Wilson
Yancey
FAYETTEVILLE WILMINGTON WASHINGTON
WILLIAM VINSON (TOBY) DAN SAMS,P.E. FLOYD WILLIAMS, P.G.
Wachovia Bldg. 127 Cardinal Drive, Ext. 943 Washington Square Mall
Suite 714 Wilmington, NC 28405-3845 Washington, NC 27889
Fayetteville, NC 28301
COURIER- 16-04-01
COURIER- 14-56-25 COURIER-04-16-33 [phone] (56)
[phone] (53) [phone](57) FAX#[phone]
FAX#[phone] FAX#[phone]
Beaufort Berrie Camden Chowan
Anson Montgomery Scotland Brunswick New Hanover Craven Currimck Dare Gates
Bladen Moore Carteret Onslow Greene Hertford Hyde Jones
Cumberland Richmond Columbus Pender Lenoir Martin Pamlico
Harnett Robeson Duplin Pasquotank Perquimans Pitt
Hoke Sampson Tyrrell Washington Wayne
REVISED 10197

v
SCHEDULE OF RECLAMATION COSTS 10/97
(based upon range of $500 - $5, 000 per affected acre) costschd.bnd
COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow =
Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, PS = Feldspar,
MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY =
Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat,
AU = Gold, TI = Titanium, and OT = Other
Type T/S Ponds S.Piles W.Piles P.area/H.R. Mine Excay.
- SG, GS, $500/ac . (L) $1800/ac . $2000/ac . $1800/ac . $500/ac . (L)
Borrow 1500 (FI) 2000 (PD)
CS, DS, 500 (L) 1800 2000 2000 500 (L)
FS, MI, 1500 (FI) 2500 (PD)
LI, PF,
OL, KY
PH 1000 (L) 2500 5000 5000 2000 (L)
2500 (FI) 5000 (PD)
CL 1000 (L) 2500 5000 5000 2000 (L)
2500 (FI) 3700 (PD)
PE, AU, 1000 (L) 2500 3000 3500 2000 (L)
TI, OT 2500 (FI) 5000 (PD)
(L) = reclamation to a lake and revegetating sideslopes
(FI) = reclamation by filling in and revegetating
(PD) = reclamation by grading for positive drainage and
revegetating
AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY
THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION
COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN
30 DAYS TO THE FOLLOWING ADDRESS:
Mining Program
Land Quality Section
P.O. Box 27687
Raleigh, North Carolina 27611
ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM:
- FINAL GRADING COSTS PER ACRE
- LIME AND FERTILIZER COSTS PER ACRE
- YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED
REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT)
- MULCH AND ANCHORING COSTS PER ACRE
- ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED
RECLAMATION PLAN FOR THE SITE IN QUESTION
YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND
DETERMINATION.
1,000 copies of this public document were printed at a cos!of$564.00 or$.56 per copy. 12/97
DEPARTMENT OF ENVIRONMENT AAD NATURAL RESOURCES
DIVISION OF LAND RESOURCES-L4N'D QUALITY SECTION
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LEGEND
J — RDIVE UNIMPROVEDROAD
GRADED AND DRAINED ROAD
— SOIO, NIEL,OR STONE SURFACED ROAD
V I R G I N I A _ _ _ HARD SURFACED ROAD
N IANE UNDMDED HIGHWAY k�L6
sDMDED HIGHWAY
HIGHWAY WITH FRONTAGE ROADS
o 1-.ox co WxTr \
PCAFULL CONTROL ACCESS
c A a r o 1 L c o u x T r 33FMFEDERAL ND INTERSTATE ROAD
w FEDERAL ND Hill ROAD
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pq py fEDERAL AID SECONDARY ROAD
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aY„ NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
NCDENR�"s_
September 11 , 2000
. =JAME9 B.HUNTJR.
GOVERNOR
1'
M E M O R A N D U M
, ��q 4
3�1� TO : Interested Parties
1WAYNE MCDEVI�T
S ECRETARY� °0
° FROM : Susan B . Edwards
CFO Mining Program Secretary
CHAo SUBJECT : Public Meeting Summary for Cecil Slate ' s
RLES H.4GARONCR
PG.,RE.DIRECTOR` " Application for a Mining Permit for an
;1\ANDSTATZGEOLOOIST Instream Sand Dredge Mining Operation in
o Surry County
� A public meeting was held on August 15, 2000 at
the Surry County Government Center,Dobson, North
' Carolina to receive public comment related to Cecil
Slate ' s request for a mining permit for an instream
dredge mining operation located off Rockford Road in
Surry County. According to your request at the Public
Meeting, I am forwarding you a copy of the Public
' Meeting Summary submitted by Ms . Nann Guthrie, Hearing
Officer.
I= � If you have any questions, please contact Mr.
Tracy Davis, P .E. , State Mining Specialist, at (919)
733-4574 .
/SBE
Attachment : Public Meeting Summary
oo6p a o 9 0
_ cc : Mr. Charles Gardner
Mr. Mell Nevils
., Mr. Tracy Davis
Ms . Judy Wehner
Mr. Matthew Gantt
Ms . Nann Guthrie
crJ
c2D�
n m O LAND QUALITY SECTION [phone] FAX(919)%33-2876
00,4wa GEOLOGICAL SURVEY SECTION(919)733-2423 FAX[phone]
P.O.BOX 27687,RALEIGH,NORTH CAROLINA 27611-7687 TELEPHONE[phone] FAX[phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50%RECYCLED/10q POST-CONS V M ER PAPER

CECIL SLATE
NEW MINING PERMIT PUBLIC HEARING SUMMARY
PURPOSE OF HEARING
To receive public comment related to Cecil Slate's request for a mining permit for
an instream dredge mining operation located off Rockford Road in Surry County.
DATE, TIME PLACE
Tuesday, August 15, 2000
7:00 PM
Commissioners Meeting Room
Surry County Government Center
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES STAFF
Mr. Tracy Davis, State Mining Specialist, Land Quality Section, Division of Land
Resources
Ms. Judy Wehner, Assistant State Mining Specialist, Land Quality Section, Division
of Land Resources
Mr. Matt Gantt, Winston-Salem Regional Engineer, Land Quality Section, Division
of Land Resources
Mr. Steve Booe, Environmental Technician, Land Quality Section, Division of Land
Resources
Ms. Nann Guthrie, Asheville Senior Field Officer, Office of the Secretary
OPENING
Ms. Guthrie called the hearing to order at 7:02 PM, welcomed everyone in attendance,
introduced the staff, explained the purpose of the hearing, outlined the hearing agenda
and stated the guidelines to follow for submitting comments at the hearing. Ms. Guthrie
stated that the proceedings would remain open for a period of ten days following the
hearing for additional comments.
Ms. Guthrie the explained the action for which the mining permit application is required:
"The applicant proposes to remove sand from the Yadkin River through use of an
instream dredge in Surry County. The applicant has submitted an erosion and
sediment control plan for the mine site intended to protect surrounding areas and
watercourses. A reclamation plan also has been submitted to the Department for
review concerning restoration of this area in a useful land use once mining has
terminated."
Ms. Wehner presented an overview on the mining permit procedures pursuant to the
Mining Act of 1971 and explained how it relates to the subject permit application.
1

Ms. Guthrie's and Ms. Wehner's actual comments are attached as Public Hearing Format
and Land Quality Section Public Hearing Presentation.
6 people signed in for the hearing
0 checked - Wish to speak
ORAL COMMENTS
Speakers
Mr. Chris Smitherman - Mr. Smitherman spoke on behalf of his father, Mr. Phil
Smitherman. His father's concerns were related to two of the seven denial criteria. He is
concerned about undue effects on wildlife, estuarine and marine fisheries. In addition, he
is concerned about erosion upstream from the proposed operation. He feels that dredging
eight to ten feet of sand downstream will impact the river flow and directly impact his
property. He is concerned about his property supplying the sand for the operation. He is
afraid that mining will increase the river velocity and cause the river to revert to the existing
dry bed located on his property that was created after floods from the 1940's.
WRITTEN COMMENTS
No written comments were received as a part of this public hearing.
CLOSING COMMENTS
Ms. Guthrie thanked everyone for attending and for their comments and presentations.
Ms. Guthrie stated that the Department will review the items presented at the hearing as
they relate to G.S. 74-51 of the Mining Act of 1971. She reiterated that the proceedings
will remain open for a period of ten days following the hearing which is August 25, 2000 for
filing of any addition comments or statements.
The hearing adjourned at 7:28 PM.
Respectfully submitted by:
Nann Guthrie
Hearing Officer
Attachments: Public Hearing Notice
Public Hearing Format
LQS Presentation
Written Comments '
Sign In Sheet
Cassette Tape of Hearing
2

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina Department of
Environment and Natural Resources concerning Cecil Slate's application for a mining permit
for an instream sand dredge mining operation located off Rockford Road in Surry County.
AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 56,
Section .0011
PLACE, TIME, DATE: Tuesday, August 15, 2000
7:00 P.M.
Commissioners Meeting Room
Surry County Government Center
PURPOSE: To receive comment related to the application for a mining permit
for an instream sand dredge mining operation located off Rockford
Road in Surry County.
Comments shall be limited to those that relate directly to the seven
(7) denial criteria listed under G.S. 74-51 of The Mining Act of 1971
that the Department considers in making its decision to grant or
deny a new mining permit application or a modification to an
existing mining permit. These criteria are as follows:
The Department may deny such permit upon finding:
(1) That any requirement of this Article or any rule promulgated
hereunder will be violated by the proposed operation;
(2) That the operation will have unduly adverse effects on
potable ground water supplies, wildlife, or fresh water,
estuarine, or marine fisheries;
(3) That the operation will violate standards of air quality,
surface water quality, or ground water quality which have
been promulgated by the Department;

-2-
(4) That the operation will constitute a direct and substantial
physical hazard to public health and safety or to a
neighboring dwelling house, school, church, hospital,
commercial or industrial building, public road or other public
property, excluding matters relating to use of a public road;
(5) That the operation will have a significantly adverse effect on
the purposes of a publicly-owned park, forest or recreation
area;
(6) That previous experience with similar operations indicates a
substantial possibility that the operation will result in
substantial deposits of sediment in stream beds or lakes,
landslides, or acid water pollution; or
(7) That the applicant or any parent, subsidiary, or other affiliate
of the applicant or parent has not been in substantial
compliance with this Article, rules adopted under this Article,
or other laws or rules of this State for the protection of the
environment or has not corrected all violations that the
applicant or any parent, subsidiary, or other affiliate of the
applicant or parent may have committed under this Article or
rules adopted under this Article and that result in:
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security,
C. Conviction of a misdemeanor under G.S. 74-64, or
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64.
In the absence of any findings set out above, or if adverse effects
are mitigated by the applicant as determined necessary by the
Department, a permit shall be granted.

y
-3-
COMMENT PROCEDURE: All persons interested in this matter are invited to attend.
The hearing will be conducted in the following manner:
1. Explanation of the action for which the permit is required by
the hearing officer.
2. Explanation of the permit procedures as set forth in The
Mining Act of 1971 by the Division of Land Resources, Land
Quality Section.
3. Public Comment - Comments, statements, data, and other
information may be submitted in writing prior to or during the
hearing or may be presented orally at the hearing. Persons
desiring to speak will indicate their intent at the time of
registration at the hearing. So that all persons desiring to
speak may do so, lengthy statements may be limited at the
discretion of the hearing officer. Oral presentations which
exceed three (3) minutes must be accompanied by three (3)
written copies which will be filed with the hearing officer at
the time of registration.
4. Cross examination of persons presenting testimony will not
be allowed; however, the hearing officer may ask questions
for clarification.
5. (Optional) The applicant may make a short presentation at
the end of the hearing and may be available for
individual/group discussion after the hearing is adjourned.
6. The proceedings will remain open for a period of ten (10)
days following the hearing for additional written arguments
or statements.

-4-
INFORMATION: A copy of the mining permit application and corresponding maps
are on file with the Winston-Salem Regional and Central Office,
Land Quality Section, for the public's information and review prior
to the date of the public hearing. Additional information concerning
this hearing may be obtained by writing or calling:
Judy Wehner
Land Quality Section
Division of Land Resources
Department of Environment and
Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Telephone: [phone]

7rzs/si
PUBLIC HEARING FORMAT
I. Call to Order:
Good evening and welcome. My name is Nan Guthrie and I am the
hearing officer for this public hearing. My responsibility is to provide a
record of this hearing and written comments for the Director of the
Division of Land Resources. I would like to emphasize that absolutely no
decisions will be made this evening on this permit application. Please
sign in at the back on the sign in sheets and indicate whether or not you
wish to speak, if you have not already done so.
Please take a copy of the Mining Act of 1971, Administrative Rules on
Mining, and a Mining Brochure (hold up) for reference during the hearing.
Introduce DENR staff:
Tracy Davis, State Mining Specialist
Judy Wehner, Assistant State Mining Specialist
Matt Gantt, Regional Engineer, Winston-Salem Reg. Office
Steve Booe, Environmental Technician, Winston-Salem Reg. Office
II. State the Purpose for Hearing:
The purpose of this hearing is to receive public comment related to the
mining permit application for an instream dredge mining operation located
off Rockford Road in Surry County.
The hearing will be conducted in the following manner:
1. Explanation of the action for which the permit is required by the
hearing officer.
2. Explanation of the permit procedures as set forth in The Mining Act
of 1971 by the Division of Land Resources, Land Quality Section.
3. Public Comment - Comments, statements, data, and other
information may be submitted in writing prior to or during the
hearing or may be presented orally at the hearing. Persons
desiring to speak will indicate their intent at the time of registration
at the hearing. So that all persons desiring to speak may do so,
lengthy statements may be limited at the discretion of the hearing
officer. Oral presentations which exceed three

-2-
(3) minutes must be accompanied by three (3) written copies which
will be filed with the hearing officer at the time of registration.
4. Cross examination of persons presenting testimony will not be
allowed; however, the hearing officer may ask questions for
clarification.
5. (Optional) The applicant may make a short presentation at the end
of the hearing and may be available for individual/group discussion
after the hearing is adjourned.
6. The proceedings will remain open for a period of ten (10) days
following the hearing for additional written arguments or
statements.
III. Explanation of the Action for which a Mining Permit is Required:
The applicant proposes to remove sand from the Yadkin River through
use of an instream dredge in Surry County. The applicant has submitted
an erosion and sedimentation control plan for the mine site intended to
protect surrounding areas and watercourses. A reclamation plan has also
been submitted to the Department for review concerning restoration of
this area to a useful land use once mining has terminated. A copy of this
information may be viewed here at the front of this hearing room after the
hearing has adjourned. Copies of the application materials may also be
viewed upon request after tonight at the Land Quality Section's Winston-
Salem Regional Office and the Raleigh Central Office.
III. LQS Presentation:
Now I would like to defer to Ms. Judy Wehner, Assistant State Mining
Specialist with the Land Quality Section, for a brief explanation of the
mining permit procedures as set forth in the Mining Act of 1971 (see
attached "Land Quality Section Public Hearing Presentation")

-3-
IV. Comment Procedure:
Comments shall be limited to those that relate directly to the seven (7)
denial criteria listed under G.S. 74-51 of The Mining Act of 1971 that the
Department considers in making its decision to grant or deny a mining
permit application. These criteria are the ones that were explained in
detail to you a few minutes ago by the Land Quality Section Mining
Program staff.
- Again, if you have not already signed the attendance sheet in the back,
please do so now. This will provide us with an accurate attendance
record and will let us know who wishes to speak at the hearing tonight.
We do not want to miss anyone.
There is no particular order in which I will call on you to speak, unless you
have specifically requested so prior to the start of this hearing. Therefore,
I will proceed row by row down the attendance sheets calling on those
who have indicated that they wish to speak.
Please step forward to the podium when I call your name. If you have
written comments it would be extremely helpful if you would provide them
to us before you start your presentation.
(call on each person who wishes to speak and take notes on their comments, concerns,
etc.)
LQS staff will address questions concerning the Act.
After all of the individuals that have indicated that they wish to speak have
finished their presentations, ask if anyone else wishes to speak. Ask
them to approach the podium.
Is there anyone else?
At this time, would the applicant wish to make some brief comments?

' � �. .i
. . .. .... a}�
.r}.�
_ _ ? -d. �.

-4-
We would like to thank everyone for attending this public hearing tonight
and for the important comments and questions raised. The Department
will review the items presented tonight as they relate to G.S. 74-51 of the
Mining Act of 1971.
The proceedings of this public hearing will remain open for a period of 10
days from tonight or until August 25, 2000 for the filing of additional
written comments to be included in the official hearing summary I will
prepare for the Director of the Division of Land Resources.
Please send 2 copies of any written comments to me at the following
address:
Ms. Nan Guthrie
Senior Field Officer
Asheville Regional Office
Interchange Building
59 Woodfin Place
Asheville, North Carolina 28801
Please note that even though the public hearing summary will close on
August 25, 2000, the Department will continue to accept written public
comments on this application throughout the application review process
until a decision is made. The Mining Program staffs business cards are
available on the table containing the handouts at the entrance to this
room.
Are there any questions? If not, this public hearing is now adjourned.
/td
g:W=mrs shareVnIningWopOA3tSorVormat.doc

LAND QUALITY SECTION PUBLIC HEARING PRESENTATION
As Ms. Guthrie stated, my name is Judy Wehner. My title is Assistant State
Mining Specialist with the Department of Environment and Natural Resources, Division
of Land Resources, Land Quality Section.
My job, and that of the other members of the staff, is to review all applications for
a mining permit as they relate to The Mining Act of 1971. There were copies of the Act
and Rules (hold up) placed at the sign in area. There is also a small brochure called
"North Carolina Mining" (hold up) that briefly explains the basic points of the Act and
how it affects the mine operator.
I would like to take a moment and briefly review a few specific areas of the Act.
If you would refer to G.S. 74-47, Findings, on the first page of the Mining Act handout
(white handout):
'The General Assembly finds that the extraction of minerals by mining is a basic
and essential activity making an important contribution to the economic well-
being of North Carolina and the Nation. Furthermore, it is not practical to extract
minerals required by our society without disturbing the surface of the earth and
producing waste materials, and the very character of certain surface mining
operations precludes complete restoration of the land to its original condition.
However, it is possible to conduct mining in such a way as to minimize its effects
on the

-2-
surrounding environment. Furthermore, proper reclamation of mined land is
necessary to prevent undesirable land and water conditions that would be
detrimental to the general welfare, health, safety, beauty, and property rights of
the citizens of the State. The General Assembly finds that the conduct of mining
and reclamation of mined lands as provided by this Article will allow the mining
of valuable minerals and will provide for the protection of the State's
environment and for the subsequent beneficial use of the mined and reclaimed
land."
As stated in G.S. 74-49, Definitions. number (7) on page 2 of the Mining Act:
"'Mining' means: a) the breaking of the surface soil in order to facilitate or
accomplish the extraction or removal of minerals, ores, or other solid matter; b)
any activity or process constituting all or part of a process for the extraction or
removal of minerals, ores, soils, and other solid matter from their original
location; OR c) the preparation, washing, cleaning, or other treatment of
minerals, ores, or other solid matter so as to make them suitable for commercial,
industrial, or construction use."

-3-
The Act goes on to state that:
"'Mining' does not include: a) those aspects of deep mining not having significant
effect on the surface, where the affected land does not exceed one acre in area;
b) mining operations where the affected land does not exceed one acre in area;
c) plants engaged in processing minerals produced elsewhere and whose refuse
does not affect more that one acre of land; d) excavation or grading when
conducted solely in aid of on-site farming or of on-site construction for purposes
other than mining; or e) removal of overburden and mining of limited amounts of
any ores or mineral solids when done only for the purpose and to the extent
necessary to determine the location, quantity, or quality of any natural deposit,
provided that no ores or mineral solids removed during exploratory excavation or
mining or sold, processed for sale, or consumed in the regular operation of a
business, and provided further that the affected land resulting from any
exploratory excavation does not exceed one acre in area."
On page 5 of the Mining Act, under G.S. 74-51, Permits - Application granting.
conditions. the Act states, under subsection (b) that:

-4
'The Department shall grant or deny the permit requested as expeditiously as
possible, but in no event later than 60 days after the application form and any
relevant and material supplemental information reasonably required shall have
been filed with the Department, or if a public hearing is held, within 30 days
following the hearing and the filing of any relevant and material supplemental
information reasonably required by the Department.
On page 6 of the Act, under subsection (c), the Act goes on to state:
"The public hearing shall be held within 60 days of the end of the 30-day period
within any requests for the public hearing shall be made."
The most important information that I can present to you tonight is found under
subsection (d) on page 6 of the Act. It states:
'The Department may deny the permit [or modification to the existing permit]
upon finding [only one of the seven criteria listed on pages 6 and 7 of the Act]:
1) That any requirement of this Article or any rule promulgated hereunder
will be violated by the proposed operation;

-5-
This means that the very nature of the activity proposed in the application will
immediately violate any of the basic requirements of the Act and corresponding
Administrative Rules.
2) That the operation will have unduly adverse effects on potable
groundwater supplies, wildlife, or fresh water, estuarine, or marine
fisheries;
The application was routed to WRC on June 9, 2000 for their review and
comment. WRC's comments were received by LQS on June 19, 2000 and noted
the following recommendations: a moratorium on mining during the May-June
warm water fish spawning season, any woody debris should be placed along the
inner mine limits in the form of brush piles to provide cover for wildlife, seeding
recommendations for the work areas and tree planting recommendations for any
necessary bank revegetation. The application has been routed to the Division of
Water Resources for their review and comment concerning potable ground water
concerns.
3) That the operation will violate standards of air quality, surface water
quality, or ground water quality that have been promulgated by the
Department:

-6-
The application was routed to the Division of Water Quality for review and
comment. Comments were received from these agencies by LQS on June 19,
2000 and noted the following: NPDES permit is required.
4) That the operation will constitute a direct and substantial physical hazard
to public health and safety or to a neighboring dwelling house, school,
church, hospital, commercial or industrial building, public road or other
public property, excluding matters relating to the use of a public road;
The application contained detailed information regarding active and final slopes
at the site. All dredge permits contain conditions for placement of signs and
procedures required for boaters safety.
5) That the operation will have a significantly adverse effect on the purposes
of a publicly owned park, forest or recreation area;
The application was routed to the Department of Parks and Recreation on June 9,
2000 for their review and comment. To LQS's knowledge, the activity proposed
in the application is not located near a publicly owned park, forest or recreation
area.
6) That the previous experience with similar operations indicates a
substantial possibility that the operation will result in substantial deposits
of sediment in stream beds or lakes, landslides, or acid water pollution;

-7-
A detailed erosion and sedimentation control plan was submitted with the
application and will be thoroughly evaluated by both the Land Quality Section's
Winston-Salem Regional Office staff and the Raleigh Central Office staff.
OR
7) That the applicant or any parent, subsidiary, or other affiliate of the
applicant or parent has not been in substantial compliance with this
Article, rules adopted under this Article, or other laws or rules of this State
for the protection of the environment or has not corrected all violations
that the applicant or any parent, subsidiary, or other affiliate of the
applicant or parent may have committed under this Article or rules
adopted under this Article and that resulted in:
a. Revocation of a permit,
b. Forfeiture of part or all of a bond or other security,
C. Conviction of a misdemeanor under G.S. 74-64,
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64.
This pertains to the applicant's prior operating record with the Mining Program
and the Department of Environment and Natural Resources as a whole.
The Act goes on to clearly state that:
"in the absence of any findings set out in subsection (d) of this section, or if
adverse effects are mitigated by the applicant as determined necessary by the
Department, a permit shall be granted."

-8-
The decision on the issuance of a mining permit will not be made tonight. The
authority to issue or deny a permit lies with the Director of the Division of Land
Resources, Mr. Charles Gardner.
Any permit issued shall be expressly conditioned upon compliance with all
requirements of the approved reclamation plan for the operation and with such further
reasonable and appropriate requirements and safeguards as may be deemed
necessary by the Department to assure that the operation will comply fully with the
requirements and objectives of the Mining Act.
If the Department denies this application for a permit, it shall notify the operator
in writing, stating the reasons for its denial and any modifications in the application
which would make it acceptable. The operator may thereupon modify his application or
file an appeal to the North Carolina Mining Commission which consists of a 9-member
Governor appointed board that reviews such issues as permit appeals and civil penalty
appeals. In the event that the application for a mining permit is approved, any
aggrieved parties will be notified by the Department of the permit issuance and its
rights to file an appeal contesting the Department's issuance of the permit.
In the event that this application for a permit is approved, the applicant must post
and maintain with the Department an appropriate reclamation or performance bond.
The amount of the bond is based upon a per acre amount ranging from $500.00 to

-9-
$5,000.00 per acre "affected" by the mining operation, with a maximum bond or "cap" of
$500,000.00. A bond calculation worksheet and schedule of reclamation costs are
used to determine the proper bond amount. The bond must remain in force for the life
of the mining permit. In the event the operator fails to satisfactorily reclaim the site or
he fails to operate the site according to the conditions and limitations of the mining
permit, the bond may be forfeited and the money used to complete any outstanding
reclamation remaining at the site.
Please be advised that offsite truck traffic on public roads, noise, and potentially
negative impacts on property values are not within the jurisdiction of The Mining Act of
1971. These items are more properly addressed through local zoning ordinances. I
also would like to draw your attention to G.S. 74-65, Effect of local zoning regulations,
on page 16 of the Act. The Act basically states that the issuance of a state mining
permit, and any transfer, renewal or modification to it, does not supersede any duly
adopted local zoning ordinance. Furthermore, it is the responsibility of the local
authority, not the Department, to enforce any such ordinance that may be in effect
covering the project area.
I would like to reiterate what Ms. Guthrie said earlier, the hearing record will
remain open for a period of up to 10 days from tonight or the 25 of August, 2000. This
gives those individuals that were unable to attend an opportunity to

-10-
comment. You may also think of something else that you would like to add to your
comments made here tonight. This provides you that opportunity.
Also, there is occasionally some confusion as to when the 30 day clock for the
review begins. The 30 day period starts after this hearing tonight. Should the
Department request additional information from the applicant, the 30 day clock would
start over upon the Department's receipt of all of the requested information.
If there are no questions, I would like to turn the program back over to Ms.
Guthrie.
/td
g:Wsers)shamlmininglwp�pubhearlgs.wm

ATTENDANCE REGISTRATION SHEET
N C DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES y
MINING PUBLIC MEETING
FOR
CECIL SLATE - PROPOSED SLATE SAND MINE - SURRY COUNTY
AUGUST 15, 2000
... PLEASE PRINT...
CHECK IF /CHECK IF YOU WISH TO
Name MAILING ADDRESS YOU WISH / RECEIVE A COPY OF
TO SPEAK I MEETING SUMMARY
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NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina Department of
Environment and Natural Resources concerning Cecil Slate's application for a mining permit
for an instream sand dredge mining operation located off Rockford Road in Surry County.
AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 56,
Section .0011
PLACE, TIME, DATE: Tuesday, August 15, 2000
7:OO P.M.
Commissioners Meeting Room
Surry County Government Center
PURPOSE: To receive comment related to the application for a mining permit
for an instream sand dredge mining operation located off Rockford
Road in Surry County.
Comments shall be limited to those that relate directly to the seven
(7) denial criteria listed under G.S. 74-51 of The Mining Act of 1971
that the Department considers in making its decision to grant or
deny a new mining permit application or a modification to an
existing mining permit. These criteria are as follows:
The Department may deny such permit upon finding:
(1) That any requirement of this Article or any rule promulgated
hereunder will be violated by the proposed operation;
(2) That the operation will have unduly adverse effects on
potable ground water supplies, wildlife, or fresh water,
estuarine, or marine fisheries;
(3) That the operation will violate standards of air quality,
surface water quality, or ground water quality which have
been promulgated by the Department;

-2-
(4) That the operation will constitute a direct and substantial
physical hazard to public health and safety or to a
neighboring dwelling house, school, church, hospital,
commercial or industrial building, public road or other public
property, excluding matters relating to use of a public road;
(5) That the operation will have a significantly adverse effect on
the purposes of a publicly-owned park, forest or recreation
area;
(6) That previous experience with similar operations indicates a
substantial possibility that the operation will result in
substantial deposits of sediment in stream beds or lakes,
landslides, or acid water pollution; or
(7) That the applicant or any parent, subsidiary, or other affiliate
of the applicant or parent has not been in substantial
compliance with this Article, rules adopted under this Article,
or other laws or rules of this State for the protection of the
environment or has not corrected all violations that the
applicant or any parent, subsidiary, or other affiliate of the
applicant or parent may have committed under this Article or
rules adopted under this Article and that,result in:
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security,
c. Conviction of a misdemeanor under G.S. 74-64, or
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64.
In the absence of any findings set out above, or if adverse effects
are mitigated by the applicant as determined necessary by the
Department, a permit shall be granted.

-3-
COMMENT PROCEDURE: All persons interested in this matter are invited to attend.
The hearing will be conducted in the following manner:
1. Explanation of the action for which the permit is required by
the hearing officer.
2. Explanation of the permit procedures as set forth in The
Mining Act of 1971 by the Division of Land Resources, Land
Quality Section.
3. Public Comment - Comments, statements, data, and other
information may be submitted in writing prior to or during the
hearing or may be presented orally at the hearing. Persons
desiring to speak will indicate their intent at the time of
registration at the hearing. So that all persons desiring to
speak may do so, lengthy statements may be limited at the
discretion of the hearing officer. Oral presentations which
exceed three (3) minutes must be accompanied by three (3)
written copies which will be filed with the hearing officer at
the time of registration.
4. Cross examination of persons presenting testimony will not
be allowed; however, the hearing officer may ask questions
for clarification.
5. (Optional) The applicant may make a short presentation at
the end of the hearing and may be available for
individual/group discussion after the hearing is adjourned.
6. The proceedings will remain open for a period of ten (10)
days following the hearing for additional written arguments
or statements.

i
-4-
INFORMATION: A copy of the mining permit application and corresponding maps
are on file with the Winston-Salem Regional and Central Office,
Land Quality Section, for the public's information and review prior
to the date of the public hearing. Additional information concerning
this hearing may be obtained by writing or calling:
Judy Wehner
Land Quality Section
Division of Land Resources
Department of Environment and
Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Telephone: [phone]

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Jun-30-00 05:03pm From-OFFICE OF THE GOVERNOR +919T332121 T-749 P.01/02 F-941
-frsa-i�einrs— � �4-
From: Carol [e-mail]]
2000 4:36 l.dcrstate.nc.us]
Sent: Tuesday, June 27,2000 4:36 PM
To: [e-mail]; [e-mail]
Subject: Re: (no subject)
At 10:11 PM EV26/00 EDT, you wrote:
>June 26, 2000 P41©Our
>Oear Sir: f
>We need your help. h
>On May 30, 2000,we received a certified letter from Cecil Slate at Slate ,{jJrJ 3 0 *00
>Sand Co. in Ararat, NC.The letter stated he had applied for a mining permit
>to pump sand out of the Yadkin River in Surry County on Old Rockford Road.
> DN.LAN F
>We own the adjoining 190 acres upstream from where the mining operation
>would be located. We have one mile of riverfront on the property.
>Slate Sand Co. applied for the same permit on the Yadkin County side of the
>river and was forced to re-apply in Surry County because of the opposition.
>The same problems and concerns, if not more, apply to the Surry County side.
>" First,there,is the issue of erosion.
>There has been a constant problem with erosion of the riverbanks on our
>property. OV property is more prone to land despoliation than the Yadkin
>side of the river. This is due to the bend in the river, the flow and the
>higher elevated rock banks on the Yadkin side. What is known in this area as
>Roberts Rock borders the river across from our property and is almost like a
>mountain helping to prevent erosion.
>
>In order to keep the tenable farm land in Government subsidized programs
(Sod
Pro ram), 9 g we were advised to bring in fill dirt and rebuild the river
>banks to Nigher elevation in order to compensate the erosion damage and
>flood water.; rising up into our bottom land. Due to the high cost to build
>up the banks, however, we were unable to continue in the farm program.
>Currently,we are allowing trees,which are continually falling into the
>river, to remain there. This debris catches sand and has helped build back
>the banks in some areas. Originally, we were removing the debris from the
>river, but this only aided the erosion problem. With sand being mined below
>us causing an increase in the Flow of the river, our concern is that the
>banks would erode even faster than they are now.
>-Second, the possibility of the river changing course.
>Due to a flood in the 1940's, there is a dry riverbed that covers
>approximately 2/3 of our river frontage. This dry riverbed runs parallel to
>the current river course and empties back into the river on our property
line
>a short distance from the proposed mining operation.
>The river is currently within 30 to 50 feet, at some points, from eroding
the
>existing riw;:rbank.This could cause the river to change course and start
>running in the old dry bed. This would create an island and leave us with a
>considerable amount of unusable land. As we stated before,we are trying to
>keep this from happening by back filling with debris at these key points.
>
>' Third, is the wild life in the area.
>There are wild ducks that would have to find a new nesting area. Egrets also
>nest here and a considerable deer population would also be impacted by this
>operation.
>" Fourth, is the aggravation.
1

Jun-30-00 05:04pm From-OFFICE OF THE GOVERNOR [phone] T-749 P.02/02 F-941
>Mining in this area would greatly increase the amount of traffic and noise.
>We purchas4;d this land, planning to build our home here in the next couple
of
>years. The possibility of a mining operation adjacent to our property is
>disturbing.
>Please do npt let our concerns become a reality. Stop the mining before it
>starts.
>Thank you for your help. D
>Respectfullyyours,
>Donna H. Smitherman Carl Ronnie (Ron)Smitherman
>Phillip(Phil) L. Smitherman 201 Stanleyville Manor Ave a
>P. O. Box 906 Stanleyville, NC 27045
>King, NC 21021 e-mail: NOR51a AOL.COM
>e-mail: [e-mail]
>Tele: 336-9113-3758
>
Carol Henderson,Administrator
State CapitoUVisitor Services Section
Physical Address: 1 East Edenton Street, Raleigh, NC
Mailing Address: 4624 Mail Service Center, Raleigh, NC 27699-4624
Phone: 919%/33-4994 Fax: [phone]
www.ah.dGr.state.nc.us/sectiOns-capitoI
"The opinions expressed in this message may not represent those of my
agency.""
2
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NORTH CAROLINA DEPARTMENT OF
1
+j :+• ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
:y NCDENR June 27, 2000
s3 Ms. Donna H. Smitherman
? Mr. Phillip L. Smitherman
JAMES B.HUNTJR. y
• GOVERNOR `•?4 P.O. Box 906
s " King, North Carolina 27021
Dear Ms. and Mr. Smitherman:
WAYNE MCDEVITT. k'I
SECRETARY S H•
for you
Thank• ,.•" .,.r y your e-mail sent June 26, 2000 expressing your
i•' ` ' a concerns regarding the Slate Sand Mine in Surry County.
S Your concerns certain) deserve evaluation. Before a decision is
+CHARLE9 H;GARDHER,:�.,, y
P.G.,P.E.DIRECTOR •+�•� made to grant or deny the mining permit, concerns within the jurisdiction
AND STATE tI.., ISt%`' of NCGS 74-51 of The Mining Act of 1971 (copy attached) must be
A , r =Nf addressed. During the application review, site inspections will be made
and comments will be solicited from other agencies regarding the
potential impacts to wildlife, air and water quality and groundwater.
9
Please note, however, that zoning concerns, such as truck traffic,
• i -;I
noise and property values, are not within the jurisdiction of The Mining
j Act and are more appropriately addressed through the local government.
' c'1
The decision to have a public hearing concerning this site has not
jyet been made. You will be notified if the decision is made to hold a
public hearing.
�- ~~ Again, thank g you for your letter. Your comments will be
incorporated into our review. If you have any additional questions,
please contact me at [phone].
! ` q
Sincerely,
._ = Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section
Attachments: The Mining Act of 1971
The Administrative Code
cc: Mr. Matt Gantt, P.E. w/copy of the Smithermans' letter
+) LAND QUALITY SECTION IS 1 9)733-4574 FAX [phone]
1 GEOLOGICAL SURVEY SECTION(919)733-2423 FAX[phone]
P.O. Box 27687, RALEIGH. NORTH CAROLINA 27611-7667 TELEPHONE[phone] FAX (919)71 S-8801
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/10 o POST.CONSU M ER PAPER

-Al
It
✓
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
"N, CDE R June 27, 2000
_ r
Mr. Ronnie Smitherman
JAMEB B.NUNTJR
201 Stanleyville Manor Ave
�_+
.GOVERNOR P5 Stanleyville, North Carolina 27045
=, �•
, Dear Mr. Smitherman:
WAYNEMCDEVITT{ Thank you for your e-mail sent June 26, 2000 expressing your
SECRETARY,
concerns regarding the Slate Sand Mine in Surr County.
• "i r�� .. 9 9 Y Y
1.�. S� (`�•�^
Your concerns certainly deserve evaluation. Before a decision is
GHARLESH GARDNER�i.?:f made to grant or deny the mining permit, concerns within the jurisdiction
" w'J of NCGS 74-51 of The Mining Act of 1971 (copy attached) must be
PG P.E.DIRECTOR :. Ji•
i R:h.t:.. j.•"
AND STATE GEOLOGIST -.
addressed. Duririg the application review, site inspections will be made
and comments will be solicited from other agencies regarding the
. I; potential impacts to wildlife, air and water quality and groundwater.
4sPlease note, however, that zoning concerns, such as truck traffic,
Xt
noise and property values, are not within the jurisdiction of The Mining
Act and are more appropriately addressed through the local government.
Y The decision to have a public hearing concerning this site has not
yet been made. You will be notified if the decision is made to hold a
public hearing.
I r' Again, thank you for your letter. Your comments will be
p t:
incorporated into our review. If you have any additional questions,
please contact me at [phone].
ii'it• , 4
Sincerely,
Judith A. Wehner
Assistant State Mining Specialist
r Land Quality Section
Attachments: The Mining Act of 1971
The Administrative Code
cc: Mr. Matt Gantt, P.E. w/copy of the Smithermans' letter
LAND QUALITY SECTION [phone] FAX [phone]
GEOLOGICAL SURVEY SECTION(919)733-2423 FAX[phone]
P.O. BOX 27687, RALEIGH, NORTH CAROLINA 27611-7687 TELEPHONE[phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/10 POST-CONSUMER PAPER

kr r j NORTH CAROLINA DEPARTMENT OF
Y
♦e k,+^ ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
NCDE June 27, 2000' NR.
'sm� ' Mr. Ronnie Smitherman
201 Stanleyville Manor Ave
JAM ES
B.H UNTJ �
GOVERNOR "�+,�� Stanleyville, North Carolina 27045
Dear Mr. Smitherman:
is ,. .T
WAYNE MCDEVIYYI. , ,4'S Thank you for your e-mail sent June 26, 2000 expressing your
SECRETARY f t7
concerns regarding the Slate Sand Mine in Surr County.
9 9 Y Y
Your concerns certainly deserve evaluation. Before a decision is
b " " made to grant or deny the mining permit, concerns within the jurisdiction
l GHARLH5 GARONHR
PG P.E.DIRHC'fOR4 ` of NCGS 74-51 of The Mining Act of 1971 (copy attached) must be
"OSTATEGHQLDG9y addressed. During the application review, site inspections will be made
IA
and comments will be solicited from 'other agencies regarding the
rl potential impacts to wildlife, air and water quality and groundwater.
'1'�41jfJ� s:
? X Please note, however, that zoning concerns, such as truck traffic,
noise and property values, are not within the jurisdiction of The Mining
Act and are more appropriately addressed through the local government.
l
The decision to have a public hearing concerning this site has not
yet been made. You will be notified if the decision is made to hold a
public hearing.
4 i Again, thank you for your letter. Your comments will be
incorporated into our review. If you have any additional questions,
--• '� _`5
v..o- please contact me at [phone].
Sincerely,
-�
Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section
Attachments: The Mining Act of 1971
The Administrative Code
cc: Mr. Matt Gantt, P.E. w/copy of the Smithermans' letter
•'? LAND QUALITY SECTION IS 19)733-4574 FAX[phone]
GEOLOGICAL SURVEY SECTION [phone] FAX[phone]
P.O.BOX 27687, RALEIGH, NORTH CAROLINA 27611-7687 TELEPHONE[phone] FAX (919,715-8801
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/I O,e POST-CONS V MER PAPER

IFwd: [Fwd: Re: (no subject)II
Subject: [Fwd: [Fwd: Re: (no subject►]]
Date: Fri, 30 Jun 2000 12:09:04 -0400
From: Tracy Davis <[e-mail]>
Organization: NCDENR - Land Quality Section
To: Judy Wehner <[e-mail]>
Judy,
FYI. . .re: Slate Sand Company's pending mining permit application in
Surry County. Please place a copy of this message in the application
file as part of the record. Thanks. Tracy
Subject: [Fwd: Re: (no subject)]
Date: Thu, 29 Jun 2000 19:54:22 -0400
From: Charles Gardner <[e-mail]>
Organization: Division of Land Resources
To: [e-mail]
CC: Robin W Smith <[e-mail]> ,
Tracy Davis <[e-mail]> ,
Mell Nevils <[e-mail]>,
"Jim.Simons" <[e-mail]>,
Richard Rogers <[e-mail]>
Rep. Baker, this is to follow up on your recent call regarding Cecil
Slate's application for a sand mining permit on the Yadkin River in
Surry County. Thanks for sending me a copy of the Smithermans' letter
of concern addressed to you. As you'll see from the email I 've copied
below, Tracy Davis of my staff got the same message from the Smithermans
that you received.
The Mining Permit application came into our office on June 9, and is
under active review. A number of letters of concern have been recieved
from local citizens. In a few days I 'll review these and try to guage
the level of interest, and determine whether it would be appropriate to
hold a public hearing on the application (the Mining Act authorizes a
public hearing if there is a "significant public interest") . Also, the
Surry County Manager has been informed of the permit application, and
I'm waiting to hear if the county would like to request that our office
hold a public hearing.
In any case, if a Mining Permit is granted at this site it will contain
operating conditions to prevent the mine from accelerating erosion of
the Smithermans' riverbank property, keeping in mind that some riverbank
erosion occurs naturally without the presence of a mining operation.
Also, please be aware that a copy of the Mining Permit application has
been sent to the Wildlife Resources Commission for review and comment.
We will take the WRC comments into consideration as we draft the permit
conditions.
Please let me know if you would like to have more information at this
point.
Sorry I missed you today when I dropped by your office.
1 of 4 6/30/2000 1:40 PM

IFwd: IFwd: Re: (no subjectlll
Best regards,
Charles
-------- Original Message --------
Subject: Re: (no subject)
Date: Mon, 26 Jun 2000 09:33:52 -0400
From: Tracy Davis <[e-mail]>
Organization: NCDENR - Land Quality Section
To: [e-mail], Judy Wehner <[e-mail]>
CC: [e-mail], [e-mail]
References: <6b. [e-mail]>
Thank you for your message. I have referred it to Ms. Judy Wehner,
Assistant
State Mining Specialist, who is handling the review of this pending
application
for a mining permit. Your comments will be incorporated into our
review. Tracy
Davis
[e-mail] wrote:
> June 23, 2000
> Dear Sir or Madam:
> We need your help.
> On May 30, 2000, we received a certified letter from Cecil Slate at Slate
> Sand Co. in Ararat, NC. The letter stated he had applied for a mining permit
> to pump sand out of the Yadkin River in Surry County on Old Rockford Road.
> We own the adjoining 190 acres up-stream from where the mining operation
> would be located. We have one mile of riverfront on the property.
> Slate Sand Co. applied for the same permit on the Yadkin County side of the
> river and was forced to re-apply in Surry County because of the opposition.
> The same problems and concerns, if not more, apply to the Surry County side.
> " First, there is the issue of erosion.
> There has been a constant problem with erosion of the riverbanks on our
> property. Our property is more prone to land despoliation than the Yadkin
> side of the river. This is due to the bend in the river, the flow and the
> higher elevated rock banks on the Yadkin side. What is known in this area as
> Roberts Rock borders the river across from our property and is almost like a
> mountain helping to prevent erosion.
> In order to keep the tenable farm land in Government subsidized programs (Sod
> Buster Program) , we were advised to bring in fill dirt and rebuild the river
> banks to a higher elevation in order to compensate the erosion damage and
> flood waters rising up into our bottom land. Due to the high cost to build
> up the banks, however, we were unable to continue in the farm program.
> Currently, we are allowing trees, which are continually falling into the
> river, to remain there. This debris catches sand and has helped build back
> the banks in some areas. Originally, we were removing the debris from the
> river, but this only aided the erosion problem. With sand being mined below
> us causing an increase in the flow of the river, our concern is that the
> banks would erode even faster than they are now.
2 of 4 6/30/2000 1:40 PM

IFwd: IFwd: Re: (no subjec011
> Second, the possibility of the river changing course.
• Due to a flood in the 1940's, there is a dry riverbed that covers
• approximately 213 of our river frontage. This dry riverbed runs parallel to
• the current river course and empties back into the river on our property line
> a short distance from the proposed mining operation.
> The river is currently within 30 to 50 feet, at some points, from eroding the
> existing riverbank. This could cause the river to change course and start
> running in the old dry bed. This would create an island and leave us with a
> considerable amount of unusable land. As we stated before, we are trying to
> keep this from happening by back filling with debris at these key points.
> Third, is the wild life in the area.
> There are wild ducks that would have to find a new nesting area. Egrets also
> nest here and a considerable deer population would also be impacted by this
• operation.
> " Fourth, is the aggravation.
> Mining in this area would greatly increase the amount of traffic and noise.
> We purchased this land, planning to build our home here in the next couple of
> years. The possibility of a mining operation adjacent to our property is very
> disturbing.
•. Please do not let our concerns become a reality. Stop the mining before it
> starts.
> Thank you for your help.
> Respectfully yours,
> Donna H. Smitherman Carl Ronnie (Ron) Smitherman
> Phillip (Phil) L. Smitherman 201 Stanleyville Manor Ave
> P. O. Box 906 Stanleyville, NC 27045
• King, NC 27021 e-mail: NOR510AOL.COM
• e-mail: [e-mail]
> Tele: 336-983-3758
Tracy E. Davis, P.E. <[e-mail]>
State Mining Specialist
Division of Land Resources/Land Quality Section I
NC Department of Environment and Natural Resources
,,..,,.,,,..,,,,,,,--
3 of 4 6/30/2000 1:40 PM

Re: (no subject)
Subject: Re: (no subject)
Date: Mon, 26 Jun 2000 09:33:52 -0400
From: Tracy Davis <[e-mail]>
Organization: NCDENR - Land Quality Section
To: [e-mail], Judy Wehner <[e-mail]>
CC: [e-mail], [e-mail]
Thank you for your message. I have referred it to Ms. Judy Wehner, Assistant
State Mining Specialist, who is handling the review of this pending application
for a mining permit. Your comments will be incorporated into our review. Tracy
Davis
[e-mail] wrote:
> June 23, 2000
> Dear Sir or Madam:
> We need your help.
>
> On May 30, 2000, we received a certified letter from Cecil Slate at Slate
> Sand Co. in Ararat, NC. The letter stated he had applied for a mining permit
> to pump sand out of the Yadkin River in Surry County on Old Rockford Road.
> We own the adjoining 190 acres up-stream from where the mining operation
> would be located. We have one mile of riverfront on the property.
> Slate Sand Co. applied for the same permit on the Yadkin County side of the
> river and was forced to re-apply in Surry County because of the opposition.
> The same problems and concerns, if not more, apply to the Surry County side.
> First, there is the issue of erosion.
> There has been a constant problem with erosion of the riverbanks on our
> property. Our property is more prone to land despoliation than the Yadkin
> side of the river. This is due to the bend in the river, the flow and the
> higher elevated rock banks on the Yadkin side. What is known in this area as
> Roberts Rock borders the river across from our property and is almost like a
> mountain helping to prevent erosion.
> In order to keep the tenable farm land in Government subsidized programs (Sod
> Buster Program) , we were advised to bring in fill dirt and rebuild the river
> banks to a higher elevation in order to compensate the erosion damage and
> flood waters rising up into our bottom land. Due to the high cost to build
> up the banks, however, we were unable to continue in the farm program.
> Currently, we are allowing trees, which are continually falling into the
> river, to remain there. This debris catches sand and has helped build back
> the banks in some areas. Originally, we were removing the debris from the
> river, but this only aided the erosion problem. With sand being mined below
> us causing an increase in the flow of the river, our concern is that the
> banks would erode even faster than they are now.
> " Second, the possibility of the river changing course.
> Due to a flood in the 1940's, there is a dry riverbed that covers
> approximately 213 of our river frontage. This dry riverbed runs parallel to
> the current river course and empties back into the river on our property line
1 of 2 6/26/2000 10:14 AM

Re: (no subject)
> a short distance from the proposed mining operation.
> The river is currently within 30 to 50 feet, at some points, from eroding the
> existing riverbank. This could cause the river to change course and start
> running in the old dry bed. This would create an island and leave us with a
> considerable amount of unusable land. As we stated before, we are trying to
> keep this from happening by back fillingwith debris at these key points.
> Third, is the wild life in the area.
> There are wild ducks that would have to find a new nesting area. Egrets also
> nest here and a considerable deer population would also be impacted by this
> operation.
> Fourth, is the aggravation.
> Mining in this area would greatly increase the amount of traffic and noise.
> We purchased this land, planning to build our home here in the next couple of
> years. The possibility of a mining operation adjacent to our property is very
> disturbing.
> Please do not let our concerns become a reality. Stop the mining before it
> starts.
> Thank you for your help.
> Respectfully yours,
> Donna H. Smitherman Carl Ronnie (Ron) Smitherman
> Phillip (Phil) L. Smitherman 201 Stanleyville Manor Ave
> P. O. Box 906 Stanleyville, NC 27045
> Xing, NC 27021 e-mail: NOR510AOL. COM
> e-mail: [e-mail]
> Tele: 336-983-3758
..m_... .,,..,... .......
Tracy E. Davis, P.E. <[e-mail]>
State Mining Specialist
Division of Land Resources/Land Quality Section
f NC Department of Environment and Natural Resources
..................................................... .......................................... ......._<
2 of 2 6/26/2000 10:14 AM

q:,
' NC GENERAL ASSEMBLY TEL :[phone] Jun 27 ' 00 9 :56 No .002 P .01
Z .
SAX 7i.5'f8D I
Dawn 1711is (Rep . Baker)
From: PLSDHS@aol ,com
Sent: Saturday, June 24, 2000 12:18 AM
To: [e-mail]
Subject: (no subject)
June 23, 2000
Dear Sir or Madam:
We need your help.
On May 30, 2000, we received a certified letter from Cecil Slate at
Slate
Sand Co. in Ararat, NC. The letter stated he had applied for a mining
permit
to pump sand out of the Yadkin River in Surry County on Old Rockford
Road.
We own the adjoining 190 acres up-stream from where the mining operation
would be located. We have one mile of riverfront on the property.
Slate Sand Co. applied for the same permit on the Yadkin County side of
the
river and was forced to re-apply in Surry County because of the
opposition.
The same problems and concerns, If not more, apply to the Surry County
side.
First, there is the issue of erosion.
There has been a constant problem with erosion of the riverbanks on our
property. Our property is more prone to land despoliation than the
Yadkin
side of the river. This is due to the bend in the river, the flow and
the
higher elevated rock banks on the Yadkin side. What is known in this
area as
Roberts Rock borders the river across from our property and is almost
like a
mountain helping to prevent erosion.
In order to keep the tenable farm land in Government subsidized programs
(Sod
Buster Program), we were advised to bring in fill dirt and rebuild the
river
banks to a higher elevation in order to compensate the erosion damage
1

NC GENERAL ASSEMBLY TEL : [phone] Jun 27 ' 00 9 : 57 No .002 P .02
and
flood waters rising up into our bottom land. Due to the high cost to
build
up the banks, however, we were unable to continue in the farm program.
Currently, we are allowing trees, which are continually falling into the
river, to remain there. This debris catches sand and has helped build
b a ck,
the banks in some areas. Originally, we were removing the debris from
the
river, but this only aided the erosion problem. With sand being mined
below
us causing an increase in the flow of the river, our concern is that the
banks would erode even faster than they are now.
Second, the possibility of the river changing course.
Due to a flood in the 1940's, there is a dry riverbed that covers
approximately 2/3 of our river frontage. This dry riverbed runs parallel
to
the current river course and empties back into the river on our property
line
a short distance from the proposed mining operation.
The river is currently within 30 to 50 feet, at some points, from
eroding the
existing riverbank. This could cause the river to change course and
start
running in the old dry bed. This would create an island and leave us
with a
considerable amount of unusable land. As we stated before, we are trying
to
keep this from happening by back filling with debris at these key
points.
Third, is the wild life in the area.
There are wild ducks that would have to find a new nesting area. Egrets
also
nest here and a considerable deer population would also be impacted by
this
operation.
.. Fourth, is the aggravation.
Mining in this area would greatly increase the amount of traffic and
noise.
We purchased this land, planning to build our home here in the next
couple of
2

NC GENERAL ASSEMBLY TEL : [phone] Jun 27 ' 00 9 :58 No .002 P . 03
years, The possibility of a mining operation adjacent to our property is
very
disturbing.
Please do not let our concerns become a reality. Stop the mining before
it
starts.
Thank you for your help.
Respectfully yours,
Donna H. Smitherman Carl Ronnie (Ron) Smitherman
Phillip (Phil) L. Smitherman 201 Stanleyville Manor Ave
P. 0. Box 906 Stanleyville, NC 27045
King, NC 27021 e-mail: [e-mail]
e-mail: [e-mail]
Tele: 336-983-3758
3

Office of the Governor
Legislative Counsel
Administration Bldg. Room 1030
NORTH CAROLINA LEGISLATIVE INQUIRY REPORT
Department of Environment & Natural Resources
DATE: Wednesday, June 14, 2000; 9:30 am
TELEPHONE X VERBAL LETTER
SENATOR/REPRESENTATIVE Senator Ken Moore (715-0706)
PERSON RECEIVING INQUIRY Mr. Tracy Davis. P.E.. State Mining Specialist
REFERRED W/I DEPARTMENT _ N/A
SUBJECT OF INQUIRY:
Senator Moore called and left me a voice mail message at 4:40 pm on Tuesday, June
13, 2000. As I was out of the office, I returned his call on Wednesday, June 14,
2000 at 9:30 am. He inquired as to the status of the Slate Sand Company mining
permit application that had been filed for an in stream sand mining operation in Yadkin
County. He had received information that the permit had already been issued,
without allowing time for the public to comment on the proposal and request a public
hearing.

, .
'ro �.,„. i . . � r �� ",�ya,. Iz.,._,
.. .. . ,. .. .. .. � ��. .. .. ... e � .
� ���. i ,
( .i�.:. . �. ., .,, .
-. � � ..

Page 2
ACTION TAKEN:
I reviewed the mine file and advised Senator Moore that the Land Quality Section
received the mining permit application on Wednesday, June 7, 2000 and that it was
routed to various agencies on June 9, 2000 for review and comment. I also noted
that no permit had been issued and that the public comment period was still open to
request a public hearing (I noted that, by law, the public has 30 days from the
Department's receipt of the application to request a public hearing...thus, a decision
on the mining permit cannot be made until the comment period ends on Friday, July
7, 2000). 1 noted that if significant public interests exists, the Director of the Division
of Land Resources will make a determination as to whether or not a public hearing is
necessary. Senator Moore asked if we could address truck traffic, as this is the main
issue of concern to the citizens in the area. I stated that we could not address off
site truck traffic, only environmental and public safety impacts on the mine site itself.
I also noted that if a public hearing is not held on this project, we will consider all
comments under the jurisdiction of the Mining Act during our review of this
application.
Senator Moore thanked me for returning his call and for the information I
provided. He said he wanted to make sure the citizens concerns are considered
before a decision is made on this application. He said he will advise those who
contacted him, including Yadkin County local government, that they need to convey
their concerns directly to the Department as soon as possible.
Return Copy of Blue Sheet to Legislative & Intergovernmental Affairs
Suite 1425, Archdale Bldg. PO Box 27687, Raleigh, NC 27611 (919) 7154148
SEND PHOTOCOPY TO SECTION CHIEF AND DIVISION DIRECTOR

»5
�+k+� NORTH CAROLINA DEPARTMENT OF
Y
ENVIRONMENT AND NATURAL RESOURCES
���r.rtffidTf DIVISION OF LAND RESOURCES
June 5, 2000
NCDENR
III-, _" 1 Dr. James H. Butler
la'Y 2823 Bitting Road
�`JAMES B.HLINT'JR.
!•GOVERNOR Winston-Salem, North Carolina 27104
M ' Dear Dr. Butler:
June 1 2000 expressing your
VwAVNEMcoEVIT.r ,.,., Thank you for your letter dated ,
,( SECRETARY- concerns regarding the notification sent to you by Slate Sand Company
r7�,{`•p�M 1• in Yadkin County.
A ^i
L Your concerns certainly deserve evaluation. Before a decision is
�CNARLES K GARDNER:,
Y;" .• DIRE ,Rr made to grant or deny the mining permit, concerns within the jurisdiction
PG,PE DIRECTOR idK
AND STATE GEOLOGIST!.
- of NCGS 74-51 of The Mining Act of 1971 (copy attached) must be
addressed. During the application review, site inspections will be made
c .. and comments will be solicited from other agencies regarding the
potential impacts to wildlife, air and water quality and groundwater.
y Y.
Please note, however, that zoning concerns, such as truck traffic,
noise and property values, are not within the jurisdiction of The Mining
Act and are more appropriately addressed through the local government.
S j •P t i Y
At this time we have not received an application for this site.
Notification of adjoining property owners sometimes is completed prior
to submission of the application. Your comments will be incorporated
^f ` into our review when the application is submitted.
Again, thank you for your letter. If you have any additional
questions, please contact me at [phone].
/ Sincerely,
�— s
Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section
S
k
Attachments: The Mining Act of 1971
The Administrative Code
x
!I,
cc: Mr. Matt Gantt, P.C. w/copy of Dr. 3utler's letter
y-- 1} kgoV LAND QUALITY SECTION [phone] FAX[phone]
GEOLOGICAL SURVEY SECTION [phone] FAX[phone]
w�•;y.� i J 6.D�5•wl P.O.BO%2]687, RALEIC H, NORTH E.Afl OLINA 2]611-]587 TELEPHONE [phone] FAX[phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-ED RECYCLED/IOq POST-CONSUMER PAPER

JAAIES H. BUTImi, M.D. �(
2823 BITTING RD. v
WINSTON.SALEM. N. C. 27104 7
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1601
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JAMES B. BUTLER, M.D.
2523 BITTING RD.
WINS'TON-SAIMM. N. C. 27104
Z)
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JAMES 11. BUTLER, M.D.
2823 HITTING II .
WINSTON.SALEBI. N. C. 27104
apu-
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C� c��a.._� . � d/t� .2,✓i.uvl�
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r;.^ NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
May 31 , 2000
!NCDENR
' f Ms. Elizabeth 0. Butler
5052 Roberts Rock Road
y."JAM ES B.HUNTJR:
W.
!,GMTRNOR Boonville, North Carolina 27011
}� I. Dear Ms. Butler:
)WAYNEiMCDEV�I,TT i✓�, Thank you for your letter dated May 20, 2000 expressing your
f. SECR ETARYt
{wr concerns regarding the notification sent to you by Slate Sand Company
in Yadkin County.
r + Your concerns certainlydeserve evaluation. Before a decision is
tj�gHAARLE3VWG RONER'
PG re o1REcr0n - .- made to grant or deny the mining permit, concerns within the jurisdiction
AND STATE GEOLOGfill '
rR 1 3 of NCGS 74-51 of The Mining Act of 1971 (copy attached) must be
addressed. During the application review, site inspections will be made
and comments will be solicited from other agencies regarding the
potential impacts to wildlife, air and water quality and groundwater.
Please note, however, that zoning concerns, such as truck traffic,
noise and property values, are not within the jurisdiction of The Mining
Act and are more appropriately addressed through the local government.
ll `.
At this time we have not received an application for this site.
Notification of adjoining property owners sometimes is completed prior
r 7 to submission of the application. Your comments will be incorporated
' - r ,.j f into our review when the application is submitted.
<.• �
Again, thank you for you have any additional
- _..,.••-- g y your letter. If
�i>��4 ;ate;-=-'�• questions, please contact me at [phone].
•way' _,;:`:,
Sincerely,
44k
Judith A. Wehner
} Assistant State Mining Specialist
+x' Land Quality Section
N Attachments: The Mining Act of 1971
The Administrative Code
cc: Mr. Matt Gantt, P.E. w/copy of Ms. Butler's letter
e
7 a �
?P 1A�Q LANO QUALITY SECTION (919)]33-45]4 FAX(919)]33-28]6
1 1 1 � GEOLOGICAL SURVEY SECTION(919)733-2423 FAX[phone]
ti :f 1 �0 iK. 3n J
� �•... /tl ,���w. _ P.O. Bo%2]69], RALEIGH, NORTH CAROLIrvA 2]611468] TELEPHONE[phone] FAX(919)]I S-8801 i
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50 o RECYCLED/1 Oq POST-CONSUMER PAPER

Jal 10, a 000
Elizabeth O. Butler Its?
� r
5052 Robert's Rock Road �/�
Boonville, NC 27011
(336)-699-2465
Land Quality Section
NCDENR
P.O. Box 27687
Raleigh, NC 27611 MAY x
4 2000
To Whom It May Concern:
I am writing in reference to a letter that my husband, a ler,
received on May 16, 2000. The letter was intended to inform him of the
proposed mining/trucking operation that would occur in the Yadkin River
bottom adjacent to our land. We are totally opposed to this operation taking
place, for numerous reasons. We will do everything in our power to prevent
this from happening. The Slate Sand Company of Ararat, NC and its mining
and trucking would make a direct impact on our land and our lives, as well
as the lives of the other people that reside on our gravel road. We have many
concerns and we await a reply.
Sincerely,
(:f 4&,bL �, � .
Elizabeth 6. Butler

i

SECTIONSENDER: COAPLETE THIS SECTION COMPLETE THIS .
■ Complete items 1,2, and 3.Also complete A. Received by(Please Print Clearly) R. Date of Pellvery
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you. C. Signature
■ Attach this card to the back of the mailpiece, X ❑Agent
or on the front if space permits. ❑Addressee
D. Is delivery address different from item 1? ❑ Yes
1. Article Addressed to: // -b If YES,enter delivery address below: El No
btxl Q,u Il'� yl D;✓,l ttj CCS,
NUD54Z
3. Se ce Type
I` Yl J Iv Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑ Yes
2. Articl umber(Copy/rom ervice label)
00 n o�ov oyZI 760 3 igl
PS Form 3811,July 1999. . Domestic Return Receipt 1025e5-e9-M-178e

UNITED STATES POSTAL SERVICE I II II I First-Class Mail
Permit P Postage& Fee s Paid
• Sender: Please print your name, address, and ZIP+4 in this box
6o a ILG 6 , TuL LTd

A
As a resident and/or property owner on Robert's Rock Road, Boonville,
North Carolina (Yadkin County): I declare my opposition to the mining and
trucking operation proposed by Cecil Slate and Slate Sand Company of
Ararat, NC, which was received by Mr. and Mrs. C. Stephen Butler on May
16, 2000 and would take place on land owned by Benny Pendry, as well as
our public road.
Q MAY 2 6 2000 D
r n'J
7

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e
• NORTH CAROLINA DEPARTMENT OF
Y 1 %.+-'n- a -•` ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
ylr
�i
May 23, 2000
NCDENR. s
Mr. Charles S. Butler
r 5052 Roberts Rock Road
.JAMES EL HUNTJR. '
.GOVERNOR �T.FV� Boonville, North Carolina 27011
Dear Mr. Butler:
;wAYNEn,GDEV.11 ((,�.+; Thank you for your letter dated May 19, 2000 expressing your
"SECRETARY. A s•';7P.V
concerns regarding the notification sent to you by Slate Sand Company
in Yadkin County.
A NARLE Your concerns certainly deserve evaluation. Before a decision is
-ACS HWGARDNER ';
P. made to rant or den the mining
AN D STATE G EOLOOIST �" 9 Y g permit, concerns within the jurisdiction
ti of NCGS 74-51 of The Mining Act of 1971 (copy attached) must be
.F ' 's addressed. During the application review, site inspections will be made
and comments will be solicited from other agencies regarding the
;{ V. r A �� ,.� potential impacts to wildlife, air and water quality and groundwater.
Please note, however, that zoning concerns, such as truck traffic,
noise and property values, are not within the jurisdiction of The Mining
Act and are more appropriately addressed through the local government.
:S
-- At this time we have not received an application for this site.
Notification of adjoining property owners sometimes is completed prior
d , :
to submission of the application. Your comments will be incorporated
f �, ? A.
into our review when the application is submitted.
Again, thank you for your letter. If you have any additional
questions, please contact me at [phone].
Id
Judith A. Wehner
Assistant State Mining Specialist
(
Land Quality Section
X Attachments: The Mining Act of 1971
,�. --n,
- _• The Administrative Code
cc: Mr. Matt Gantt, P.E. w/copy of Mr. Butler's letter
..�' LAND QUALITY SECTION IS 1 9)733-4574 FAX IS 19)733-2876
GEOLOGICAL SURVEY SECTION IS 19)733-2423 FAX[phone]
/ P.O. Box 27687, RALEIGH,NORTH CAROLINA 27611-7687 TELEPHONE[phone] FAX [phone];
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/I Oq POST-CONSUMER PAPER

Charles S. Butler yIAY 2 May 19, 2000 pQ�/
5052 Roberts Rock Road
Boonville, NC 27011 oENR
(336)-699-2485 LAND OUALITY SECTION 1;
1n
C 4,
-rlf
North Carolina Department of MCI
Environment and Natural Resources �m '
P.O. Box 27687 4
0
Raleigh, NC 27611
r..
Concerning the letter I received on May 16, 2000, about a mining/trucking
operation by Cecil Slate and Slate Sand Company 1557 Hwy. 268 West
Ararat, NC 27007 on land joining ours on the Yadkin River and the use of
roads and safety where Roberts Rock Road ends and the private property of
myself(Charles Butler) and the proposed operation site (Benny Pendry)
begins.
I am contacting all residents on Roberts Rock Road to ensure they have been
notified and are in agreement with the operation and the potential hazard of
the trucks traveling this road on a daily basis.
My personal concern is any pollutants downstream of the site being fuel, oil,
siltation, etc. and the possibility of any vehicular harm on the private or state
road(s) mentioned above.
I can be contacted at the above address and phone number. Thank you for
your cooperation.
J
Sincerley, Ax /
Charles S. Butler

I OCOS S S YAk9

r!
11 I ;I32USA `
SLATE SAD COMPANY
_ pim
y
/4/14/` 7099 3400 0004 5259 4201
kECURN RECEIPT REQUESTED s
Qflfj t,
GJ fl�l,qaq
�'sPs' wy p5
y1
ili f
a -

Cecil Slate
Slate Sand Co.
1557 Hwy. 268 W
Ararat, N. C. 27007
Mr. Steve Butler May 10, 2000
Roberts Rock Rd.
Booneville, N. C. 27011
Dear Mr. Butler,
I am in the process of getting a permit
with the State of North Carolina to pump send from the
river. I am required to send you a copy of this notice,
since your land adjoins my operation. I hope all is well
with you.
Sincerely,

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
A;9K has applied on `Z -Z455V
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment
and Natural Resources, P. O. Box 27687; Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit ❑
(b) a modification to add adjacent land to an existing surface mining permit ❑
The applicant proposes to mine G on 6 acres located
(Mineral, Ore) (Number)
of
(Miles) (Direction) (Nearest Town)
off/near road� in
(Road Number/Name) (Name of County)
'SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50, the mine operator is required to,make a reasonable effort to notify all
owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the.issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call . (919).733-4574: Please note that the Department will consider any relevant written,
comments/documentation within the provisions of the Mining Act of 1971 throughout the application review
process until a final decision is made on the application.
�
(Addressee's Name and Address)
(Date of Issuance of this Notice/Mailed to Addressee) .
(Name of Applicant)
(Address of Applicant)
17

Re: proposed mining&trucking operation
Subject: Re: proposed mining&trucking operation
Date: Mon, 22 May 2000 09:52:09 -0400
From: judy wehner <[e-mail]>
Organization: DENR/DLR
To: ELEANOR ELIZABETH OAKES BUTLER <[e-mail]>
CC: Tracy Davis <[e-mail]>,
Tony Sample <[e-mail]>
BCC: Judy Wehner <[e-mail]>
May 22, 2000
Dear Ms. Butler,
Thank you for your e-mail dated May 21, 2000, expressing your concerns about the
Slate Mine.
Before a decision is made to grant or deny a mining permit, concerns within the
jurisdiction of NCGS 74-51 of the Mining Act of 1971 must be addressed. During the
application review process, site inspections will be made and comments will be
solicited from other agencies regarding the potential impacts to wildlife, air,
water quality and groundwater.
Please 'note, however that zoning concerns, such as truck traffic, noise and
property values are not within the jurisdiction of the Mining Act of 1971 and are
more appropriately addressed through the local government.
At this time, we have not received an application for this site. Notification of
adjoining property owners sometimes is completed prior to submission of the
application. Your comments will be incorporated into our review if and/or when the
application is submitted.
If you have any question, please contact me or Mr. Tony Sample at (919) 733-4574.
Sincerely,
Judy Wehner
ELEANOR ELIZABETH OAKES BUTLER wrote:
> Ms. Wehner,
> We are emailing you to make it known that we are totally opposed to the
> proposed mining project that would occur at the river bottom adjacent to our
> land. We received a letter on May 16,2000 about a mining/trucking operation
> by Cecil Slate and Slate Sand Company, who is located in Ararat,NC 27007.
> The trucks would be traveling on our private driveway (which we share with
> the propsed site's owner,Benny Pendry) . We have notified everyone on our road
> about this proposal and the majority of them are opposed to trucks
> travelling on our road (Robert 's Rock Road) Boonville,NC 27011. If this
> mining is allowed to occur, we are fearful for the safety of our children
> and animals. We would no longer be able to enjoy the river (Yadkin) , due to
> pollution and debris floating down our way. Please let us know how we can
> stop this from happening. Sincerly,
> Stephen and Elizabeth Butler. 5052 Robert 's Rock Road,
> Boonville, NC. 27011. [phone].
> Email [e-mail]
1 of 1 5/23/2000 9:53 AM

Department of Environment,Health and Natural Resources
FORM FM-6(1/97) DATE SUBMITTED
'TRAVEL AUTHORIZATION
ACTION REQUESTED
❑ OU -OF-STATETRAVEL ❑ C NFIRMATIONOFVI?R13ALAI'PItOVAI. ❑ OTHER
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L.Fn5 ' LAB 61liA1.{T�/
11 Division Director or Section Chief
SIGNATURE DATE
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(THIS SECTION FOR MANAGEMENT USE ONLY)
❑ APPROVED AS REQUESTED
❑ APPROVED AS REVISED Approval is contingent upon availability of funds and subject to limitations imposed by G.S. 139.6.
❑ DENIED
COMMENTS OR REPLY
AUTHORIZED APPROVING OFFICIAL DAT
DISTRIBUTION:
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FORM-FM-6(1/97)' DATE SUI3MIITED
r TRAVEL AUTHORIZATION
ACTION`REQUESTED
❑ OUT-OF-STATETRAVEI, ❑ C NFIRMATIONOFVERBALAPPROVAL ❑ OTHER
❑ It I?IMli UltSEMEN'I'AUTHOIt I'ZATION iN_S'I'ATE EXCESS
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TRAVE�IERS:
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TRAVEIITO: I AC OUNTING INFORMAI'ION:
MODE OF TRANSPORTATON: SUBSISTENCE EXPENSES T
EGISTRATION/TUITION
MAXIMUM
V PER DAY S $
REQUESTING DIVISION OR PROGRAM
kigNp Pesourwes / L-f\uD QuALrry
Division Director or Section Chief
SIGNATURE DATE
DUTY STATION:
TOTAL ESTIMATED EXPENDITURE DATES OFTRAVEL:
PERIOD BEGINNING PERIOD ENDING
PURPOSE AND EXPLANATORY REMARKS
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(THIS SECTION FOR MANAGEMENT USI'.ONLY) t
❑ APPROVED AS REQUESTED "•yam"+
❑ APPROVED AS REVISED Approval is contingent upon availobil ity of funds and subject to limitations imposed by G.S. 139.6.
❑ DENIED
COMMENTS OR REPLY
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AUTHOR IZED A PPROV INGGOFFFICIA1, /yDATE
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FORM FM-6(1/97) DATE SUBMITTED
TRAVEL AUTHORIZATION
ACTION REQUESTED
❑ OUT-OP-STATE TRAVEL ❑�NFIRNIATIONOFVEItBAI-API'RO\'AL El HER
❑ It EIM13URSEMEN'I'AUTHOIiIZATION iE IN-SPATE EXCESS
FOR NON-SPATE EMPLOYEE ❑ PREDETERMINED MEAL
TRAVELERS:
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TRAVFLTO: I ' ACjOUNTING INFORMATION:
MODE OFTRANSPORTATION: SUBSISTENCE EXPENSES RIiG I STR ATION/I'U ITION
MAXIMUM
VA PER DAY S $
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Division Director or Section Chief
SIGNATURE
DUTY STATION:
l'OTALESTIMATFDEXPFNDITURE DATESOFTRAVFI,:
PERIOD BEGINNING PERIOD ENDING
PURPOSE AND EXPLANATORY REMARKS
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(THIS SECTION FOR MANAGEMENT USE ONLY)
❑ APPROVED AS REQUESTED
❑ APPROVED AS REVISED Approval is contingent upon availability of funds anti subject to limitations imposed by G.S. 139.6.
❑ DENIED
COMMENTS OR REPLY
AUTHORIZED APPROVING OFFICIAL DATE
DISTRIBUTION:
White—Division/File fellow—Fiscal ManagcmenUDisbursing Pink-Employee Action Copy

I Re: hearing-slate sand
Subject: Re: hearing - slate sand
Date: Fri, 21 Jul 2000 14:48:18 -0400
From: Matt Gantt <[e-mail]>
Organization: NC DENR Winston Salem Regional Office
To: judy wehner <[e-mail]>
Judy,
There is a Hampton Inn in Mount Airy, check the web site, it is only 2 years old. Don't,
and I repeat, don't stay at the Surry Hotel!
Hope this helps----
3 p t �t 79
M
judy wehner wrote:
You will be getting about 2 tons of paper work concerning the public
hearing. It is August 15 at 7:00 pm and Diane Long will be the hearing
officer. I've been trying to find a hotel that way and am having a
difficult time of it. Is Mount Airy the closest town? Do we go through
Mt. Airy from here? Could you ask Steve if there are any decent places
to stay nearby. All I found on the internet was the Surry Motel. Diane
prefers Hampton Inns but something comparable will do. Thanks - you are
a sweetie, roaches and all! just kidding.
Matt Gantt
NC DENR Winston-Salem Regional Office ,
Land Quality
585 Waughtown Street
Winston-Salem, NC 27107 I
Voice: [phone] ext 247
FAX: [phone]
I '
t
1 of 1 7/24/2000 8:39 AM

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TRANSMISSION VER,'IFICATION REPORT
TII IE 03/11/WiN 13: 34
HW,1E GARDNER
i F'X 9197153601
TEL [phone]
DATEJIME 08/11 13:32
FAX 1,10. /NAME 82363353742
DURATION 00: 01:19
PAGE(S) 02
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MODE STANDARD

�'•� �� NORTH CAROLINA DEPARTMENT OF•
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LiND RESCURCES
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TnTe c¢oioclsT,G.: Date:
Comments:
I —
i
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FROM:
Land Quality Section
Telephone: [phone]
Fax Number. [phone] or (
9!9) 733-2376

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NORTH CAROLINA DEPARTMENT OF
�`• ` '• ::'�`, '.,' ENVIRONMENT AND NATURAL RESOURCES
` I~. `.-rv• DIVISION OF LAND RESOURCES
CDENR
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9 B.HUNTJR.
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TATE GEOLOG�ST,r., Date: .
- ' Comments:
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FROM: ---- —
Land Quality Section
Telephone: (919) 7;3-4574
*. Fax Number: [phone] or [phone]

TRANSMISSION %IEPIFICATION REPORT
TSME 00/08/2eOe 10:55
NAME GARDNER
FAX [phone]
TEL [phone]
LATE.TIME 08/08 10: 53
FAX W /NAME 83367192905
DURATION 60: 02: 31
PAGES) 05
RESULT OK
MODE STANDARD

NORTH -CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
��NCDENR a- l
S JAME9B HUNTJR
GOVERNOR \ I\ `'v'/•
MEMORANDUM J\
TO: Ms. Diane Long
Deputy Director of Intergovernmental Affairs
1¢1WAYNEMCDEVITS
SECRETARY `
3 FROM: Charles Gardner CA 1—
Director, Division of Land Resources
"� "ES DATE: July 25, 2000
DIRECTOR?
wMN1i:a4/rt'. .
�ANDSTATE GEOLOpI9T `•¢
SUBJECT: Public Hearing
Cecil Slate
1 Proposed Slate Mine
W •q '
Surry County
L
The Land Quality Section has received significant public interest
~ t relative to a mining permit application filed by Cecil Slate. I have
} determined that a public hearing is warranted. Thus, I am requesting
t{
your assistance in performing the duties as hearing officer. Ms. Judy
r Wehner, Assistant State Mining Specialist, will be in touch with you
to work out any questions you may have.
1 ,- 1
_ Please find enclosed copies of the Public Notice concerning the
hearing and the Public Hearing Format. Your cooperation in this
matter is greatly appreciated.
CHG/jw
s--- '^ Enclosures
cc: Mr. Matt Gantt, P.E.
2sbx w'� r 'N
LAND QUALITY SECTION 19191733-4574 FAX [phone]
♦ ,
GEOLOGICAL SURVEY SECTION l9191733-2423 FAX[phone]
Y`I Lam` `���y+�+�rJ Z� ^^Y• P.O. BO%27687, RALEIGH, NORTH CAROLINA 27611-7687 TELEPHONE[phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50%RECYCLED/1 OYe POST-CONS V MER PAPER

e(o-13
aJ-
ZenI-e-t.
August 1 , 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Re: Cecil Slate
Proposed Slate Mine
Surry County
Dear Sir or Madam:
The Division of Land Resources has received considerable
correspondence related to the above referenced mining permit application and,
pursuant to G.S. 74-51 of The Mining Act of 1971, the Director has deemed
that a public hearing is warranted. Please find enclosed a copy of the public
notice listing the date, time and location of the hearing along with a brief
description of the hearing format. Also enclosed is a copy of The Mining Act of
1971 and Rules for your review.
Please note that a copy of the mining permit application and
corresponding maps are on file with both this office and our Winston-Salem
Regional Office (phone no. is [phone] for public information and review
prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the
Department in making its decision to grant or deny a mining permit. Please note
that the Act does not have jurisdiction over offsite truck traffic, noise, and
potential impacts to property values. G.S. 74-65 explains the Act's effect on
local zoning ordinances.
Please contact this office if you have any questions. Your attendance
and participation will be appreciated.
Sincerely,
Judith A. Wehner
Assistant Mining Specialist
Land Quality Section
Enclosures
cc: Mr. Matt Gantt, P.E.

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina Department of
Environment and Natural Resources concerning Cecil Slate's application for a mining permit
for an instream sand dredge mining operation located off Rockford Road in Surry County.
AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 513,
Section .0011
PLACE, TIME, DATE: Tuesday, August 15, 2000
7:00 P.M.
Commissioners Meeting Room
Surry County Government Center
PURPOSE: To receive comment related to the application for a mining permit
for an instream sand dredge mining operation located off Rockford
. Road in Surry County.
Comments shall be limited to those that relate directly to the seven
(7) denial criteria listed under G.S. 74-51 of The Mining Act of 1971
that the Department considers in making its decision to grant or
deny a new mining permit application or a modification to an
existing mining permit. These criteria are as follows:
The Department may deny such permit upon finding:
(1) That any requirement of this Article or any rule promulgated
hereunder will be violated by the proposed operation;
(2) That the operation will have unduly adverse effects on
potable ground water supplies, wildlife, or fresh water,
estuarine, or marine fisheries;
(3) That the operation will violate standards of air quality,
surface water quality, or ground water quality which have
been promulgated by the Department;

-z-
(4) That the operation will constitute a direct and substantial
physical hazard to public health and safety or to a
neighboring dwelling house, school, church, hospital,
commercial or industrial building, public road or other public
property, excluding matters relating to use of a public road;
(5) That the operation will have a significantly adverse effect on
the purposes of a publicly-owned park, forest or recreation
area;
(6) That previous experience with similar operations indicates a
substantial possibility that the operation will result in
substantial deposits of sediment in stream beds or lakes,
landslides, or acid water pollution; or
(7) That the applicant or any parent, subsidiary, or other affiliate
of the applicant or parent has not been in substantial
compliance with this Article, rules adopted under this Article,
or other laws or rules of this State for the protection of the
environment or has not corrected all violations that the
applicant or any parent, subsidiary, or other affiliate of the
applicant or parent may have committed under this Article or
rules adopted under this Article and that result in:.
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security,
C. Conviction of a misdemeanor under G.S. 74-64, or
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64.
In the absence of any findings set out above, or if adverse effects
are mitigated by the applicant as determined necessary by the
Department, a permit shall be granted.

-3-
COMMENT PROCEDURE: All persons interested in this matter are invited to attend.
The hearing will be conducted in the following manner:
1. Explanation of the action for which the permit is required by
the hearing officer.
2. Explanation of the permit procedures as set forth in The
Mining Act of 1971 by the Division of Land Resources, Land
Quality Section.
3. Public Comment - Comments, statements, data, and other
information may be submitted in writing prior to or during the
hearing or may be presented orally at the hearing. Persons
desiring to speak will indicate their intent at the time of
registration at the hearing. So that all persons desiring to
speak may do so, lengthy statements may be limited at the
discretion of the hearing officer. Oral presentations which
exceed three (3) minutes must be accompanied by three (3)
written copies which will be filed with the hearing officer at
the time of registration.
4. Cross examination of persons presenting testimony will not
be allowed; however, the hearing officer may ask questions
for clarification.
5. (Optional) The applicant may make a short presentation at
the end of the hearing and maybe.available for
individual/group discussion after the hearing is adjourned.
6. The proceedings will remain open for a period of ten (10)
days following the hearing for additional written arguments
or statements.

-4-
INFORMATION: A copy of the mining permit application and corresponding maps
are on file with the Winston-Salem Regional and Central Office,
Land Quality Section, for the public's information and review prior
to the date of the public hearing. Additional information concerning
this hearing may be obtained by writing or calling:
Judy Wehner
Land Quality Section
Division of Land Resources
Department of Environment and
Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Telephone: [phone]

1
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina Department of
Environment and Natural Resources concerning Cecil Slate's application for a mining permit
for an instream sand dredge mining operation located off Rockford Road in Surry County.
AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 5B,
Section .0011
PLACE, TIME, DATE: Tuesday, August 15, 2000
7:00 P.M.
Commissioners Meeting Room
Surry County Government Center
PURPOSE: To receive comment related to the application for a mining permit
for an instream sand dredge mining operation located off Rockford
Road in. Surry County.
Comments shall be.limited to those that relate directly to the seven
(7) denial criteria listed under G.S. 74-51 of The Mining Act of 1971
that the Department considers in making its decision to grant or
deny a new mining permit application or a modification to an
existing mining permit. These criteria are as follows:
The Department may deny such permit upon finding:
a (1) That any requirement of this Article or any rule promulgated
hereunder will be violated by the proposed operation;
(2) That the operation will have unduly adverse effects on
potable ground water supplies, wildlife, or fresh water,
estuarine,-or marine fisheries;
(3) That the operation will violate standards of air quality,
surface water quality,,or ground water quality which have
been promulgated by the Department;

i
-2-
(4) That the operation will constitute a direct and substantial
physical hazard to public health and safety or to a
neighboring dwelling house, school, church, hospital,
commercial or industrial building, public road or other public
property, excluding matters relating to use of a public road;
(5) That the operation will have a significantly adverse effect on
the purposes of a publicly-owned park, forest or recreation
area;
(6) That previous experience with similar operations indicates a
substantial possibility that the operation will result in
substantial deposits of sediment in stream beds or lakes,
landslides, or acid water pollution; or
(7) That the applicant or any parent, subsidiary, or other affiliate
of the applicant or parent has not been in substantial
compliance with this Article, rules adopted under this Article,
or other laws or rules of this State for the protection of the
environment or has not corrected all violations that the
applicant or any parent, subsidiary, or other affiliate of the
applicant or parent may have committed under this Article or
rules adopted under this Article and that result in:
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security,
C. Conviction of a misdemeanor under G.S. 74-64, or
d. Any other court order issued under. G.S. 74-64, or
e. Final assessment of a civil penalty under G.& 74-64.
In the absence of any findings set out above, or if adverse effects
are mitigated by the applicant as determined necessary by the
Department, a permit shall be granted.
ti_

-3-
COMMENT PROCEDURE: All persons interested in this matter are invited to attend.
The hearing will be conducted in the following manner:
1. Explanation of the action for which the permit is required by
the hearing officer.
2. Explanation of the permit procedures as set forth in The
Mining Act of 1971 by the Division of Land Resources, Land
Quality Section.
3. Public Comment - Comments, statements, data, and other
information may be submitted in writing prior to or during the
hearing or may presented orally at the hearing. Persons
desiring to speak will indicate their intent at the time of
registration at the hearing. So that all persons desiring to
speak may do so, lengthy statements may be limited at the
discretion of the hearing officer. Oral presentations which
exceed three (3) minutes must be accompanied by three (3)
written copies which will be filed with the hearing officer at
the time of registration.
4. Cross examination of persons presenting testimony will not
be allowed; however, the hearing officer may ask_ questions
for clarification.
5. (Optional) The applicant may make a short presentation at
the end of the hearing and maybe available for
individual/group discussion after the hearing is adjourned.
6. The proceedings will remain open for a period of ten (10)
days following the hearing for additional written arguments
or statements.

1
-4-
INFORMATION: A copy of the mining permit application and corresponding maps
are on file with the Winston-Salem Regional and Central Office,
Land Quality Section, for the public's information and review prior
to the date of the public hearing. Additional information concerning
this hearing may be obtained by writing or calling:
Judy Wehner
Land Quality Section
Division of Land Resources
Department of Environment and
Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Telephone: [phone]

SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. R eived by(Please P early) B. Date of Deli.e�L
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse ..
so that we can return the card to you. C. Signature
■ Attach this card to the back of the mailpiece, X ❑Agent
or on the front if space permits. � ❑Addressee
D. Is delivery address different from item 1? .0 Yes
1. Article ASjdres5ed to:x, x,�± . It YES,enter delivery address below: ❑ No
COGc e
I5j -7
O�,77DO-7 a a�`ertlfied Mail El Express Mail
❑ Registered urn Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
cle Num er[Copy/rom service label
I y 9 t Domestic Return ceipt 102595-9 - 799
PS,�orm 38,11,.JJuu'I`.y 11'9`97,9 �/ � Q� F,7{,'gn J P ; � i Q N0� �' dfiL — t7W�K 7—?.l�i

UNITED STATES POSTAL SERVI �t TR1;� First:Gass Mal
0 - "Postage&'Fee's Paid
PP4 osP"s -
- i, 'Peimit'NarG-10'�'
• Sender: Please print you?_name address, and ZIP+4-in'this box-•—
ttJ
DIVISION OF LAND RESOURCES c
DENR - LAND QUALITY
1612MAIL SERVICE CENTER C4
RALEIGH NC 27699-1612
o
o

..k tiaI4Y� a
NORTH-CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
N3
t NC®ENR,
July 21 , 2000
4
.JAMES B.HUNT JR.' }Jr'
GOVERNOR Yt CERTIFIED MAIL
°> RETURN RECEIPT REQUESTED
j Mr. Cecil Slate
$ _ r Slate Sand Company
�WAYNE'MCDEV.�.IrrT,rTa
:�SECRETARYq Qs' '. 1557 Highway 268 West
I t • .} '. I'S
Fa/�' a , n Ararat, North Carolina 27007
RE: Proposed Slate Mine
_yy�CHARLESH:GARONER; SU rry County
:NRG`.,P.E:DIRECTORY
AND STATE GEOL'OGIST.!
.y
Dear Mr. Slate;
'Uy�-•7��.. r a.
The Director of the Division of Land Resources has determined
that significant public interest surrounds your above referenced
application for a mining. permit. He has authorized a public hearing to
a'-j be held on the matter. Enclosed is a copy of the hearing notice for
your review.
r 11 ' Please call me at [phone] if you or representatives of
i Slate Sand Company plan to attend and if a short presentation is
planned. Your continued cooperation is appreciated.
r ^
Sincerely•
Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section
Enclosure
bd
cc: Mr. Matt Gantt, P.E.
"NO QUALITY SECTION [phone] FAX[phone]
GEOLOGICAL SURVEY SECTION(919)733-2423 FA%(9191733-0900
•`��"'t.- L;;«u--% •^i:�y P.O.BOX 27687, RALEIGH, NORTH CAROLINA 2761 1-7687 TELEPHONE[phone] FA%[phone]
-" �'�-�•.�+Y.�w\...F•� AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/I Oq POST-CONSUMER PAPER

Z 355 710 477
US Postal Service
Receiptfor Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sent to
Street E Number
Post Office,State,&ZIP Code
Postage $
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
N
� Return Receipt Showing to
Whom&Date Delivered
Realm Receipt RvNig to Whom,
Date,6 Addressee's Address
0 TDTAL Postage&Fees Is
Postmark or Daze
0
LL
to
a

Stick postage stamps to article to cover First-Class postage,certified mail fee,and
charges for any selected optional services(See front).
1. If you want this receipt postmarked,stick the gummed stub to the right of the return
address leaving the receipt attached, and present the article at a post office service m
window or hand it to your rural carrier(no extra charge).
m
2. If you do not want this receipt postmarked,stick the gummed stub to the fight of the M
return address of the article,date,detach,and retain the receipt,and mail the article.
N
t. 3. If you want a return receipt,write the certified mad number and your name and address m
on a return receipt card,Form 3811,and attach it to the front of the article by means of the
gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article _Q
RETURN RECEIPT REQUESTED adjacent to the number. <
}
d. If you want delivery minded to the addressee, or to an authorized agent of the �
addressee,endorse RESTRICTED DELIVERY on the front of the article. I Of
y 5. Enter fees for the services requested in the appropriate spaces on the frMt of this E
!t receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. LL
6. Save this receipt and present h it you make an inquiry. 102595-99-M-W79 U)

2.d
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
-A' DIVISION OF LAND RESOURCES
NCDENR July 20, 2000
..
b JAM ES B.1, HUNTJR. Mr. Dennis Thompson 5GOVERNOR ' IVI
Surry County Manager
r 118 Hamby Road, Suite 329
iv
N: Dobson, North Carolina 27017
� lt
3�WAYNE MCDEVITT
+ec�SECRETARY f ; RE: Public Hearing
Proposed Cecil Slate's•Slate Mine
Dear Mr. Thompson:
CHARLE9 H GARDNER ,
H PG i PEwD21RCTOR,
ANDSTATTEGEDLOGIBT:;,, This letter-is to acknowledge your approval of the Department's
request for use of the facilities at the Surry County Government
1 Complex, Commissioners Meeting Room to conduct a public hearing
. ... on August 15, 2000. Enclosed is a copy of the public notice that is
to be published in the Mt. Airy News. Please note the hearing is
scheduled to begin at 7:00 p.m. We will be arriving between 6:00
5 and 6:15 p.m. and would like to have someone on-hand to unlock the
n facility at that time.
d
Your cooperation in providing the facility for our use is greatly
appreciated. Should you have any questions, please contact me at
' q1 [phone].
.,Ir
Sincerely,
uK 9udith A. Wehner
Assistant State Mining Specialist
;max `rk Land Quality Section
Enclosure
M
cc: Mr. Matt Gantt, P.E.
r:
LAN.QUALITY SECTION (919)]33-45]4 FAX(919)]33-28]6
-GEOLOGICAL SURVEY SECTION(919)733-2423 FAX[phone]
> ,! . '1 P.O. BOX 2]68], RALEIGH, NORTH CAROLINA 27611-76D7 TELEPHONE(919)]33-3833 FA%(919)]15-8801
AN EQUAL OPPORTUNITY/AFFI R NATIVE ACTION EMPLOYER-SO% RECYCLE./I0% POST-CONSUMER PAPER-.-'

SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A Received by(Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired. I McCornelc 7a&
■ Print your name and address on the reverse C. Signature
so that we can return the card to you. /
■ Attach this card to the back of the mailpiece, X a�
or on the front if space permits. L7 Addressee
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: O No
MRS KATHLEEN SNOW MCCORMICK
RR 2 BOX 304
DOBSON NOR'rl-1 CAROLINA 27017 3. Servic ype
ertified Mail O Express Mail
❑ Registered eturn Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article N F!_(7C(C.,oI )o/m so'n"ce l bjel)
-Z— 0/.��'/;IV +�-.tt ; r}I � rii Iii I'riili tiilfilii I It li
PS /in 3811,July 1y99 Domestic Return Receipt 1e2595-99-M-1789

UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
- 'I � Permit No. G-10
• Sender: Please printyour name,1 address, and ZIP+4 in this box
o IVISION OF LAND RESOURCES
1) NR- LAND QUALITY
r 16 NTAIL SERVICE CENTER
RA EIGII NC 27699-I612
I
o� IuIrILJrIJ11101rlrri1ir01 fill 161r1 11, I,11rL,I LrLLrI
i

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
G DIVISION OF LAND RESOURCES
t
ANC_�NR July 21 , 2000
T ^.' CERTIFIED MAIL
RETURN RECEIPT REQUESTED
JAM ES B.HUNTJR ^,, �y,M
,�GOVERNOR
.Zn=� Mrs. Kathleen Snow McCormick
RR 2 Box 304
��•., i* 9 Dobson, North Carolina 27017 '
aid
:1wATdH mcoevlTT - Re: Cecil Slate _
sHCae*ARY, Proposed Slate Mine
x
�r pg Surry County
Dear Mrs. McCormick:
c R
.�^ "HJV L ",H GARONHR
�P.G. o RER The Division of Land Resources has received considerable correspondence
�STATIE related to the above referenced miningpermit application and, pursuant to G.S.
wNO srwTE GeoloGlsi P PP
t� 74-51 of The Mining Act of 1971 , the Director has deemed that a public hearing
is warranted. Please find enclosed a copy of the public notice listing the date,
time and location of the hearing along with a brief description of the hearing
format. Also enclosed is a copy of The Mining Act of 1971 and Rules for your
c ^ review.
} Please note that a copy of the mining permit application and
corresponding maps are on file with both this office and our Winston-Salem
Regional Office (telephone no. is [phone]) for public information and
( review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the
Department in making its decision to grant or deny a mining permit. Please note
that the Act does not have jurisdiction over offsite truck traffic, noise, and
potential impacts to property values. G.S. 74-65 explains the Act's effect on
"f 7 local zoning ordinances.
Please contact this office if you have any questions. Your attendance
and participation will be appreciated.
Sincerely,
`"`'`.,•r `.ate.._-__.r.
Wehner
Assistant Mining Specialist ._.
Land Quality Section
Enclosures
cc: Mr. Matt Gantt,. P.E.
LAND QUALITY SECTION [phone] FAX[phone]
GEOLOGICAL SURVEY SECTION(919)733-2423 FA%[phone]
44
Ty%'. gy J P.O.BOX 27687, RALEIGH,NORTH C.AROLINA 2761 1-7 687 TELEPHONE[phone] FAX[phone]
Y- AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER'-50qRECYCLED/IOq POST-6ONSUMER PAPER -

Z 355 710 478
US Postal Service
Rdceipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sent to
Street d Number
Post Office,State,8 ZIP Code
Postage $
Cenified Fee
Special Delivery Fee
Restdcted Delivery Fee
N
m Retum Receipt Srwwinq to
Whom&Date Delivered
.� Return Reupt Showig to Whom,
a Date,a Addressees Address
0 TOTAL Postage 6 Fees $
Postmark or Date
0
0
LL
to
a

E
Stick postage stamps to article to cover First-Clan postage,certified mail fee,and
charges for any selected optional services(See from).
1. If you want this receipt posunarked,stick the gummed stub to the right of the return
address leaving the receipt attached, and present the article at a post office service m
window or hand it to your rural carrier(no extra charge).
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the z
return address of the article,date,detach,and retain the receipt,and mail the article.
3. If you want a return receipt,write the candied mail number and your name and address m
on a return receipt card,Form 3811,and attach 4 to the front of the article by means of the
gummed ands if space permits. Otherwise,affix to back of article. Endorse front of article 'a
RETURN RECEIPT REQUESTED adjacent to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of the O
O
addressee,endorse RESTRICTED DELIVERY on the front of the article. ! ao
5. Enter fees for the services requested in the appropriate spaces on the from of this
receipt. it return receipt is requested,check the applicable blocks in item 1 of Form 3811. ti
i
6. Save this receipt and present it if you make an inquiry. 102595-99-M-00n a
i
Y

COMPLETE • I I
■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) a. D to of o�livery
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse C. Si nature
so that we can return the card to you. - ❑Agent
III Attach this card to the back of the mailpiece,
or on the front if space permits. 2 ❑Addressee
D. Is delivery address different from item 1? ❑ Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
MR PHILLIP L SMITHERMAN
MS DONA 11 SMITHERMAN
PO BOX 906
KING NORTH CAROLINA 27021 3. Sew ype
{ Certified Mail ❑ EE press Mail
❑ Registered L� Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number(Copy from service la II
PSvFgr�1„Illly1991IfIf 11 111lIl I1I14hfi���i�P�ItrrPI�I ��Ifill[III I I I III I I I I fit_ 102595.99

UNITED STATES POSTAL SERVICE I II II I J!os
3 INR G O paid
• Sender: Please print your name, address, and Z 4 in t�F S b
DIVISION OF LAND RESOURCE
DENR-LAND QUALITY SOD
1612 MAIL SERVICE CENTER \
RALEIGH NC 27699-1612
1 1 Ifififf fif fiiil f fii lifii i ill i� Ii i li 1f 1 i

' NORTH CAROLINA DEPARTMENT OF
- ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
July 21 , 2000
NCDENR ,Y
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
�,JAMES B.HLINT
k,_G
tIjGOVERNOR
a• �,•*t - Mr. Phillip L. Smitherman
Ms. Dona H. Smitherman
P. O. Box 906
` King, North Carolina 27021
.
WAYN2 MCDEVITT
YsZCRETTAnY,, Re: Cecil Slate
( Proposed Slate Mine
Surry County
Dear Mr. & Ms. Smitherman:
Iy{CMARL'E H S GARONER;
1, CTOR ,K..
PG P.' E DIRECTOR'pa^
ANDST TEGEOLIOGI The Division of Land Resources has received considerable correspondence
1 related to the above referenced mining permit application and, pursuant to G.S.
/ ^ 74-51 of The Mining Act of 1971 , the Director has deemed that a public hearing
9' is warranted. Please find enclosed a copy of the public notice listing the date,
time and location of the hearing along with a brief description of the hearing
4 format. Also enclosed is a copy of The Mining Act of 1971 and Rules for your
+ review.
Please note that a copy of the mining permit application and
-�~ corresponding maps are on file with both this office and our Winston-Salem
Regional Office (telephone no. is [phone]) for public information and
review prior to the date of the public hearing.
(� a t
.. G.S. 74-51 lists seven denial criteria that can be considered by the
}� Department in making its decision to grant or deny a mining permit. Please note
r - that the Act does not have jurisdiction over offsite truck traffic, noise, and
e i : potential impacts to property values. G.S. 74-65 explains the Act effect on
local zoning ordinances.
Please contact this office if.you have any questions. Your attendance
�;�,-•.am ��;r and participation will be appreciated.
Sincerely,
_ QJudithA. ,Wehner "
Assistant Mining Specialist
Land Quality Section
Enclosures
cc: Mr. Matt Gantt, P.E.
9
I LAND QUALITY SECTION (919)]33-45]4 FAX(919)]33-28]6,GEOLOGICAL SURVEY SECTION(919)733 2423 FAX(919)]33-0900
K a p
P P.O.BOX 2]6E], RALE�GM, NORTN CAROU NA 2]611-]69] TELfi PN ONE(9191]33-3833 FAX{9191]15;BB01
AN EQUAL OPPORTUNITY/AFFIRM.TIVE ACTION EM PLOVER-50% RECYCLE./10'>a' POSTCONGUMER PAPER

Z 355 710 479
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sent to
Street&Number
Post Office,State,&ZIP Code
Postage $
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
N
� Return Receipt Showing to
Whom&Date Delivered
Realm Receipt filhowtg to Whom,
Date,It Addressees Address
mTOTAL Postage&Fees $
l7 Posonark or Date
0
LL
y
a

Stick postage stamps to article to cover First-Class postage,certified mall fee,and
charges for any selected optional services(See front).
1. If you want this receipt postmarked, stick the gummed stub to the right of the return -
address leaving the receipt attached, and present the article at a post office service -y
window or hand it to your rural carrier(no extra charge). m
M
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the
return address of the article,date,detach,and retain the receipt,and mail the aricle.
N
3. If you want a return receipt,write the candied mail number and your name and address �
on a return receipt card,Form 3611,and attach it to the fmnt of the article by means of the
gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article .n
RETURN RECEIPT REQUESTED adjacent to the number. 2
4. if you want delivery reshimed to the addressee, or to an authorized agent of the,
addressee,endorse RESTRICTED DELIVERY on the front of the article. M
5. Enter fees for the services requested in the appropriate spaces on the from of this E
receipt. If return receipt is requested,check the applicable blocks in item 1 of Fonn 3fi L LL
6. Save this receipt and present it it you make an inquiry. tozsaa-9a-st-00T9 d
h

DELIVERYSENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON �
N Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) R. Date of Delivery
item 4 if Restricted Delivery is desired. p0
■ Print your name and address on the reverse
so that we can return the card to you. C. Signature
■ Attach this card to the back of the Tailpiece, X ❑ Agent
or on the front if space permits. AMA dressee
D. Is delivery address different ram item 0 ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
MR BONNIE SMITHERMAN
201 STANLEYVILLE MANOR AV17NUE
SfANLEYVILLE NC 27045
3. Servigg-Type
emfied Mail ❑ Express Mail
❑ Registered .turn Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. le Ism .... �rvice ¢pJ)�
L��f.•l�-ILJ, GU! i i i,
PS 3811 JUIy'1999 ' III I 'Dorriesiic Return Receipt r r 102595-e9-M-17e9
a P;q _7 -2-1-2

UNITEO STATES POSTAL SERVICE First-Class Mail
Postage& Fees Paid
LISPS
Permit No.G-10
Sender: Ple s print your name, address, and ZIP+4 in this box
t
o t1
I
IVISION OF LAND RESOURCES
ENR- LAND QUALITY
12 MAIL SERVICE CENTER
LEIGII NC 27699-1612
r/ dA
W I
01 I III III II II„ II II II IIIi lull l
5t

r NORTH CAROLINA DEPARTMENT OF
;'•iYP' "`- ENVIRONMENT AND NATURAL RESOURCES
! DIVISION OF LAND RESOURCES
s�
NCDENR *: July 21 , 2000
? 4 P
. „� � CERTIFIED MAIL
RETURN RECEIPT REQUESTED
r'JAME9 S.HUNTJR '
ERNOR
,.•• ,k"14- , . Mr. Ronnie Smitherman
' 201 Stanleyville Manor Avenue
1✓ y Stanleyville, North Carolina 27045
T wwYN IS CDEvIrT Re: Cecil Slate
zSecRerART, Proposed Slate Mine
Surry County
- Dear Mr. Smitherman:
cHARLESH GARONeR� The Division of Land Resources has received considerable correspondence
r..
PG J.P.E DIRECTOR
,-s ) (>G related to the above referenced mining permit application and, pursuant to G.S.
AnQ srwre Geol:oclEr�.. 9 P PP
74-51 of The Mining Act of 1971 , the Director has deemed that a public hearing
is warranted. Please find enclosed a copy of the public notice listing the date,,
^' time and location of the hearing along with a brief description of the hearing
T , ,, r• �, q format. Also enclosed is a copy of The Mining Act of 1971 and Rules for your
�` • ' f review.
Please note that a copy of the mining permit application and
corresponding maps are on file with both this office and our Winston-Salem
' • �y Regional Office (telephone no. is [phone]) for public information and
t review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the
d Department in making its decision to grant or deny a mining permit. Please note
that the Act does not have jurisdiction over offsite truck traffic, noise, and
�. .•Ar' ^ potential impacts to property values. G.S. 74-65 explains the Act's effect on
r" local zoning ordinances.
Please contact this office if you have any questions. Your attendance
and participation will be appreciated.
t / Sincerely,
2Judith
A. WeehnVe'r
Assistant Mining Specialist
Land Quality Section
Enclosures
cc: Mr. Matt Gantt, P.E.
LAND QUALITY SECTION (919)]33-4S]4 FAX(919)]33-29]6
/ r
GEOLOGICAL SURVEY,SECTION(919)733-2423 FAX.[phone]
P.O. BO%2]66],RALEIGN, NORTH CAROLINA 27811-7687 TELEPHONE[phone]FAX(919i]15-8801'
"'„� ' AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50Ye' RECVCLEO/10% POST-CONSUMER PAPER

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■ Attach this card to the back of tht
or on the front if space permits. $ Addressee
1. Article Addressed to: '` Postage yes
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' DR .TAMES 11 BUTLER Spgaat Dowarq fee
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WINSTON-SALEM NC 27104 oto,Aecepis 0*ate
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ender: Please print yot� , ddress, and ZIP+4ih,this-bax"•
000 I
DIVISION OF LAND RESOURCES
DENR- LAND QUALITY
1612 MAIL SERVICE CENTER
RALEIGH NC 27699-1612
o� IE1616),1EIIEJ111111IIME11i till E,EI1,E611EiEEJE)1E61EEi

r Z 355 710 480
US Postal Service
"Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sent to
Street&Number
Post Office,State,&ZIP Code
Postage $
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
rn
on Return Receipt Showing to
Whom&Date Delivered
Pan Recept Stmyg to Whom,
Data,A Addressee's Address
0 TOTAL Postage A Fees Is.
CO
Postmark or Date
0
LL
rn
a

Stick postage stamps to article to cover First-Class postage,certified mail fee,and
charges for any selected optional services(See front).
1. If you want this receipt postmarked, stick the gummed stub to the right of the return
address leaving the receipt attached, and present the article at a post office service m
window or hand it to your rural carrier(no extra charge). m
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the 0
return address of the article,date,detach,and retain the receipt,and mail the article.
N
3. If you want a return receipt,write the certified mail number and your name and address m
on a return receipt card,Form 3811,and attach 4 to the front of the article by means of the
gummed ends if space permits. Otherwise,all ix to back of article. Endorse front of anicle .Q
RETURN RECEIPT REOUESTED adjacent to the number- <
4. If you want delivery restricted to the addressee, or to an authorized agent of the
addressee,endorse RESTRICTED DELIVERY on the front of the article. M
5. Enter fees for the services requested in the appropriate spaces on the front of this
receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. 1i
6. Save this receipt and present it if you make an inquiry. 102595-99-11-0079 U)

SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete p .A.-Received by(Please Print Clearly) B.Sate Delivery
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you. ignature
■ Attach this card to the back of the mailpiece, A ❑Agent
or on the front if space permits. Addressee
D. s cel!very address di Arent from item 1? ❑ Yes
1. Article Addressed to: 1f YES,enter delivery address below: ❑ No
DR JAMES 11 BUTLER
2823 BITTING ROAD
WINSTON-SALEM NC 27104 3. Se Type
Zad Mail ❑ Express Mail
_ ❑ Registered Q.Return Receipt for Merchandise
Cl Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Numb
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. . . . . .. . . . .P . . . . , . . . . .
P� m3811,'JytK 19�9 Domestic ReturnRecei t rozsss-sa-M/nes

UNITED STATES POSTAL SERVICE —
�O t � o�._-�.,• First-Class.Mail,.�,
_ _ M �., „�„ •Postage 8 Fees Paid •—'
';•?•_ fit-:;� I—'-:�I .P -; n!. j I 7101
j�:.;4eae USPS' '`—
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•/Zender: P16ase print yuu ddress, and ZtP74 n`this-box'•—
/ DIVISION OF LAND RESOURCES
QDENR- LAND QUALITY
1612 D1AIL SERVICE CENTER
RALEICH NC 27699-1612
i
o� I�rLILrIJI„LLLIrILI1� � �II�JJLLrIJ�rIJi

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NORTH CAROLINA DEPARTMENT OF
5
ENVIRONMENT AND NATURAL RESOURCES
e .. '..A DIVISION OF LAND RESOURCES
July 21 , 2000
�I�ICDEN, R y
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
?JAMES EL HUNTJR:
"GOVERNOR 51{ly}�• Dr. James H. Butler
Asy
2823 Bitting Road
+ Winston-Salem, North Carolina 27104
-1
9�}�.1W, ul' E C
¢ ,�. Re: Cecil Slate
,,V�,WAYN M DEVITT, '
"
secRHrwRY/RET Proposed Slate Mine
Surry County
Dear Dr. Butler:
.'H'GARDNE,R`, The Division of Land Resources has received considerable correspondence
ur � . .
E..D[RECTORi�i1
�•D IT � - related to the above referenced mining permit application and, pursuant to G.S.
AND STATE GHOLOGIBT -
4y:4'
w t 74-51 of The Mining Act of 1971 , the Director has deemed that a publichearing eang
1`7r a•' = is warranted. Please find enclosed a copy of the public notice listing the date,
5 .
� - time and location of the hearing along with a brief description of the hearing
format. Also enclosed is a copy of The Mining Act of 1971 and Rules for your
review.
Please note that a copy of the mining permit application and
corresponding maps are on file with both this office and our Winston-Salem
t., +• 4 Regional Office (telephone no. is [phone]) for public information and
review prior to the date of the public hearing.
;1 - i IItti'•" G.S. 74-51 lists seven denial criteria that can be considered by the
?" Department in making its decision to grant or deny a mining permit. Please note
that the Act does not have jurisdiction over offsite truck traffic, noise, and
potential impacts to property values. G.S. 74-65 explains the Act's effect on
local zoning ordinances.
Please contact this office if you have any questions. Your attendance
and participation will be appreciated.
Sincerely,
Y
�� Judith A. Wehner
�;. . Assistant Mining Specialist
Land Quality Section
Enclosures
_ cc: Mr. Matt Gantt, P.E.
LAND QUALITY SECTION (819)]33-4E]4 FAX(918)]33-28]6
GEOLOGICAL SURVEY SECTION (919)'733-2423 FAX{919)733-0900
P.O. BOX 27687, RALEIGH, NORTH CAe OLlnA 2T811A88] TELEPHONE[phone] FA%(919)]15-B RO1
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPL6YER�5o% RECYCLED/I0% POST-CONSUMER PAPER

Z 355 710 481
US Postal SeRNO
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sent to
Street 8 Number
Post 011iice,State,&ZIP Code
Postage $
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
n
om Return Receipt Shorting to
Whom&Date Delivered
Reim Receipt S mvq to Whom,
Date,&Addressee's Address
0 TOTAL Postage 6 Fees a
Postmark or Date
0
LL
rA
a

Stick postage stamps to article to cover First-Class postage,certified mail fee,and
charges for any selected optional services(See/rant).
1. If you want this receipt postmarked, stick the gummed stub to the right of the return
address leaving the receipt attached, and present the article at a post office service y
window of hand it to your rural carrier(no extra charge).
m
2. If you do net want this receipt postmarked,stick the gummed stub to the right of the
return address of the article,date,detach,and retain the receipt,and mail the adide.
a 3. If you want a return receipt,write the earthed mail number and your name and address m
on a return receipt card,Farm 3811,and attach it to the front of the article by means of the _
gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article
RETURN RECEIPT REQUESTED adjacent to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of I
addressee,endorse RESTRICTED DELIVERY on the front of the article. do
CO)
5. Enter fees for the services requested in the appropriate spaces on the from of this
receipt. g return receipt is requested,check the applicable blocks in item 1 of Form 3811. o
u_
6. Save this receipt and present 4 if you make an inquiry. 1e259e-911-N-0079 W
a

SEND I ER: C(JMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Receivad 4y(Please Print Clearly) B. Date of//Del
i�vfe
item 4 if Restricted Delivery is desired. Li.
C SignatureSi SON —�b�Q
Ill Print your name and address on the reverse C.
so that we can.return the card to you. ❑Agent V'
■ Attach this card to the back of the mailpiece, X -
or on the front if space permits. ❑Addressee
1. icle Atldressed to: D. Is delivery address different from item 14 ❑Yes
If YES,enter delivery address below: ❑ No
t' .
j}D Q 3. SServiicc Type
r � ^r �Z-7&�� 0 Register Mail ❑ Express Mail
�(`r// ❑ Registered .turn Receipt for Merchandise
/vV ❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑yes
2. Artic�N��(C� /�rvice label � '
P Fbrm'38 1, July 199 / I Dori)esh Return Rece 10259599 M-17e9

UNITED STATES POSTAL SERVICE PostaI II II I m Permit & Fees Fees Paid
• Sender: Please print your name, address, and ZIP+4 in this box
o� DIVISION OF LAND RESOURCES
r DENR- LAND QUALITY
c�3 1612 MAIL SERVICE CENTER
J' RALEIGH NC 27699-1612
� I
0 1 I1111 lilt III1111111111111111111]1111111

w ' t � - NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
*viJ DIVISION OF LAND RESOURCES
rF '�
NCDE NR m July 20, 2000
=. J
`,.GAMES B.HUNT.IR.>. .. CERTIFIED MAIL
�'dR"°" ) RETURN RECEIPT REQUESTED
..a';iird5.:>iar.
> ,
Ms. Sandra Sutphin
Mt. Airy News
. WAYN E MLDEVIT,T� 51-}{
15ECRETARYj G' T{� 'P.Q. Box 808
Mt. Airy, North Carolina 27630
� Y £ RE: Legal Advertisement
awe Notice of Public Hearing
p4CHAREES.H.GARONER
PE DIRECTOR'2Y�i
J ANQ SrwTM6EGe LOG1V> t, - Dear Ms. Sutphin:
Please run the enclosed notice as a legal ad in your paper on or
before August 4, 2000.
Please bill us at the below address in triplicate and include the
proper affidavit that the ad was published. Should you have any
Iiy questions, please contact me immediately at [phone].
Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
1612 Mail Service Center
. fws Raleigh, North Carolina 27699-1612
Your cooperation is appreciated.
Sincerely,
4 ' " Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section
Enclosure
cc: Mr. Matt Gantt, P.E.
IJ
LAND QUALITY SECTION [phone] FAX [phone]
GEOLOGICAL SURVEY SECTION(919)733-2423 FAX[phone]
F'p
�"!`.. '• ct }.; P.O. Box 27SB7, RALEIGH, NORTH CAROLINA 27611-7687 TELEPHONE[phone] FAX IS 19)71 S,SB01
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50'K RECYC LEO/1 OYo POST-CONSl1ME0.PAPER

Z 355 710 476
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sent to
Street&Number
Post Office.State,&ZIP Code
Postage $
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
N
o' Retum Receipt Slrovring to
Wtrom d Date Defivered
n Return Receipt Slawip to Whom,
< gate.&Addressees Address
O TOTAL Postage&Fees Is
m
V2 Posbna*or Date
0
LL
a

Stick postage stamps to article to cover First-Class postage,certified mall fee,and
charges for any selected optional services(See front).
1. If you want this receipt postmarked,stick the gummed stub to the right of the return
address leaving the receipt attached, and present the article at a post office service m
window or hand it to your rural carrier(no extra charge).
m
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the Q
return address of the article,date,detach,and retain the receipt,and mail the article.
N
3. If you want a return receipt,write the certified mail number and your name and address Co
on a return receipt card,Forth 3811,and allach h to the front of the article by means of the
gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article 'a
RETURN RECEIPT REQUESTED adjacent to the number. Q
4. If you want delivery restricted to the addressee, or to an authorized agent it the
addressee,endorse RESTRICTED DELIVERY on the front of the anide. M
j5. Enter fees for the seMces requested in the appropriate spaces on the from of this E
receipt. If return receipt is requested,check the applicable blocks in item 1 of form 3811. `o
U-
6. Save this receipt and present it if you make an inquiry. 102595-99-M-0079 m
rt-
I ,

NORTH CAROLINA UEPARTMENl OF
I,�:1:,�•,,;:� ;`: tC�t�• ENVIRONMENT AND NATURAL RESOURCES
W� DIVISION OF LAND RESOURCES
Ih
` ENR
^ME96."°NT1R: 1 FAX COVER SHEET
k OI'V'aERNOR
tir'.� yynnI v
.S �rn M'cDEvl ,I.t TO: -�/IIU.O' oK^^"n/uS1J
SIR 6ECRETAR
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If &&A) &40(J2�dA7 '�/
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c'1
NO. OF PAGES (including cover sheet)
' ff you experience difficulty receiving this message - call -
?,i [phone], Administration, Division of Land Resources.
J
r.JIL �
J�.
•`r
LAND OVALRv SECTION (9191799-4574 FAX [phone]
GEOLOGICAL SURY[Y SCCTIOH (91917994423 FAX [phone]C
1 6J•' ,"( P.O. BOX 27697, RALCICH, NORTH CAROLINA 17611.7697 TCLEPHOrIC(919)799-0999 FAX 19t91715.9901
"` ""'-� �t-""�• AN EQUAL OPPORTUNITY I AFFIRMATPIC ACTION EHVLor ER -50%n RCCYCLED110n P111 ONwNCR PAPER

TRANSMISSION VERIFICATI0H REPORT
TIME 07/20/2000 13:29
NAME i AREI IER
FAX [phone]
TEL [phone]
DATE.TIME 07/20 13: 27
FAX h10. /NAME 83367892H6
DURATION 00: 01: 56
PAGES) 06
RESULT OK
MODE STANDARD
ECH

SENDER: DELIVERY
■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired. .:Z • O d
■ Print your name and address on the reverse C. Signature
so that we can return the card to you.
■ Attach this card to the back of the mailpiece, X P ❑Agent
or on the front if space permits. ❑Addressee
D. Is del' ry address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
MS ELIZABE T H 0 13U1'LFR
MR CI'IARLES S BUTLER
5052 ROBERTS ROCK ROAD
IItl a. yrTpe
130ONVILLF NORTI I CAROLINA 27011 tics Mail ❑ E ress Mail
❑ Registered eturn Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number(Co y/ sery a lab
Z35 11 ��I � 1 I HH i H 111 11 1 1111 H II
PS For 3811,July 999 Domestic Return Receipt 102595-99 M-17Bs
Form
PP -7- 2/- Z2Z&

UNITED STATES POSTAL SERVICE I II II I PSPB N&FGMail
e;ss Paid
• Sender: Please print your name, address, an +4 i s box
G "1
DIVISION OF LAND RESOI. CE§, j
DENR- LAND QUALITY
1612 MAIL SERVICE CENTE
RALEIGH NC 27699-1612
0 1 IIIIII111J1II1dtifII1111111IIIIII11111111If111111IIIfII1I111

_ NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
ci=
.4•,i ,fn'. '77'�T" DIVISION OF LAND RESOURCES
'_ fN
, NCDENR July 21 , 2000
,�- '��a CERTIFIED MAIL
??? RETURN RECEIPT REQUESTED
JAMES 13 HUNTJR 4„q01
, GOVERNOR •'14Fry•II` Ms. Elizabeth O. Butler
Mr. Charles S. Butler
T., r
j, 5052 Roberts Rock Road
Boonville, North Carolina 27011
,:Y�• 4
•WAYNE MCDEVILT'. -
`" '= Re: Cecil Slate
,.SECRETARY, )'r i� •
, �' Proposed Slate Mine
, U •. Surry County
p
y�•�--+ti;• Dear Mr. & Ms. Butler.
} CHARLE9.R.GARONER '"
G.. P.EzDIRHCTORb_P- .
The Division of Land Resources has.received considerable correspondence
AND STATE GHOLOWST�
related to the above referenced mining permit application and, pursuant to G.S.
74-51 of The Mining Act of 1971 , the Director has deemed that a public hearing
is warranted. Please find enclosed a copy of the public notice listing the date,
time and location of the hearing along with a brief description of the hearing
•A . `` format. Also enclosed is a copy of The Mining Act of 1971 and Rules for your
review.
1 } Please note that a copy of the mining permit application and .
corresponding maps are on file with both this office and our Winston-Salem
Regional Office (telephone no. is [phone]) for public information and
review prior to the date of the public hearing.
J/1
G.S. 74-51 lists seven denial criteria that can be considered by the
jDepartment in making its decision to grant or deny a mining permit. Please note
.{• , :', that the Act does not have jurisdiction over offsite truck traffic, noise, and
potential impacts to property values. G.S. 74-65 explains the Act's effect on
local zoning ordinances.
.........,...
Please contact this office if you have any questions. Your attendance
•.�. x {x
and participation will be appreciated.
Sincerely,
Judith A. Wehner
Assistant Mining Specialist
Land.Quality Section
I
Enclosures
e Im
cc: Mr. Matt Gantt, P.E.
4:1 1.
h
LAND QUALITY S6cnoN (818)T33-6574 FA%(9I 8)T33-28Y6 '
Axy y GEOLOGICAL SURVEY SECTION(919)733-2423 FA%[phone]
T G,
'1 P.O.BOX 27687,RALEIGH,NORTH CAROLINA 2761 1-7687 TELEPHONE[phone] FAX IS 19)715-8801
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-SO% RECYCLED/1 Oq P09T-CONS V MER PAPER

Z, 355 710 482
US4'ostal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sentto
Street&Number
Post Office,State,8 ZIP Code
Postage $
Certified Fee
Spedal Delivery Fee
Restricted Delivery Fee
a Whom Receipt Showing to
Whom 8 Data Delivered
.q Return ReceiptmmeiPt Showig to Whom,
a Date,&Addressee's Ad&=
0 TOTAL Postage 8 Fees $
Postmark or Date
0
LL
to
a

Stick postage stamps to article to cover Flrst-Class postage,certified mail fee,and
charges for any selected optional services(See front).
1. If you want this receipt postmarked, stick the gummed stub to the right of the return
address leaving the receipt attached, and present the aNGe at a post office service
window or hand it to your rural carrier(no extra charge). y
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the
return address of the article,date,detach,and retain the receipt,and mail the article.
N
y 3. It you wool a return receipt,write the certified mail number and your name and address rn
'.) on a return receipt card,Form 3811,and attach 9 to the front of the article by means of the
gummed ends if space permits. Otherwise,affix to back of artide. Endorse front of article .a
RETURN RECEIPT REQUESTED adjacent to the number. Q
4. Ifyou want delivery restricted to the addressee, or to an authorized agent of the
addressee,endorse RESTRICTED DELIVERY on the front of the article. A
P 5. Enter fees for the services requested in the appropriate spaces on the from of this
receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. ti
'} 6. Save this receipt and present it if you make an inquiry. 102595-99-f4-0079 0

SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1, 2,and 3.Also complete A. Received by(Please Prinf Clearly) H. Date of Delivery
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reversd
so that we can return the card to you. C. Signa�x
■ Attach this card to the back of the mailpiece, X ❑Agent
or on the front if space permits. . ❑Addressee
D. Is 4delivery address different from item 1? ❑ Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
SENATOR KENT'ETH R MOORE
P O EOX 610
LENOIR NORTH CAROUNA 28645
3. S�ervic�Type
IJ rtified Mail ❑ E Mail
- - ❑ Registered eturn Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
y% 4. Restricted Delivery?(Extra Fee) ❑ Yes
2 67
sq
P 3811,Ju 1 9 a Domestic Return Receipt 10259599-M leg
, '� -7-2/?oa?

UNITED STATES POSTAL�5ERVI02 Fir Posta NoS GMail
-10
[s 711 JO e&Fees Paid
LISPS
• Sender: Please print your name, address, and ZIP+4 in this box
DIVISION OF LAND RESOUR
DENR- LAND QUALITY ` 2j
1612 MAIL SERVICE CENTER C
r
RALEIGH NC 27699-1612
w
r Jl,
1 N ••!
1

H
,'k • g"$
NORTH CAROLINA DEPARTMENT OF
tir ";:%.'• si.•; ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
a ` July 21 , 2000
NCDENR �
CERTIFIED MAIL
}•x:' ;� "?, RETURN RECEIPT REQUESTED
(`.LAMES B.HUNT JR.�",+,
•GOVHRNOR .'bLCt
rz:;• Senator Kenneth R. Moore
P. 0. Box 610
1$o: A�\` Lenoir, North Carolina 28645
i>;?WAYNE DEVIT.L. .':'f Re: Cecil Slate
M mn:.4
P sEORETARY� 't Proposed Slate Mine
Surry County
It
' Dear Senator Moore:
if CHARI_E H:GAROMER The Division of Land Resources has received considerable correspondence
DIRECTOR I[: yk.
Ix - related to the above referenced mining permit application and, pursuant to G.S.
SAND STATE GEOLOGIST'•,
74-51 of The Mining Act,of 1971 , the Director has deemed that a public hearing
is warranted. Please find enclosed a copy of the public notice listing the date,
` time and location of the hearing along with a brief description of the hearing
d format. Also enclosed is a copy of The Mining Act of 1971 and Rules for your
i . ' A . ` review.
Please note that a copy of the mining permit application and
corresponding maps are on file with both this office and our Winston-Salem
'} Regional Office (telephone no. is [phone]) for public information and
L review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the
' ` Department in making its decision to grant or deny a mining permit. Please note
' that the Act does not have jurisdiction over offsite truck traffic, noise, and
i potential impacts to property values. GS. 74-65 explains the Act's effect on
local zoning ordinances.
_�.� .. Please contact this office if you have any questions. Your attendance
and participation will be appreciated.
Sincerely,
e Judith A. Wehner
Assistant Mining Specialist
Land Quality Section
Enclosures.
cc: Mr. Matt Gantt, P.E.
` 7
x "NO QUALITY SECTION (919)733-4S74 FAX[phone]
I �'e �y,�P�1vr�AWS,'��u•Fytb^' GEOLOGICAL SURVEY SECTION(919)733 2423; FAX[phone]
y� y'4H"Y
P.O.BOX 27687', ALEIGN,NORTH CAROLINA 27611-76B7 TELEPHONE[phone] FAX [phone]
+`.•�+"J�"L-'L-"b"'"-t AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/IO% POST-CONSUMER PAPER ;;1�.

SENDER: i I
■ Complete items 1,.2,and 3.Also complete A. Received by(Pleas.
item 4 if Restrictedbelivery is desired. Q
■ Print your name and address on the reverse C. Signature
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address d
1. Article Addressed to: If YES,enter deliver)/
BENNIE L PENDRY
2644 SMITI-ITQNWN ROAD
EAST BEND NC 27018 3. Service Type
UGv fled Mail L
❑Registered 12
El Insured Mail EI
4. Restricted Delivery?ff
2. ArtgqicleCCNuGm'he—r(Cop from se ice be/)
Jtt/s� �� i if i fills I HIIIII! 1 !{
PSe)83 —, , -V 99T Domestic Return Receipt
7

m",mmvoxummmo".m"m ym"o^

Z 355 710 483
US Postal Service
Rec6ipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sent to
Street&Number
Post Office,State,&ZIP Code
Postage $
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
� Return Receipt Showing to
Whom&Date Delivered
Return Rete'ipt Showing to Whom,
Date,d Addressee's Address
0 TOTAL Postage&Fees Is
M Postmark or Date
O
W
y
a

1
' Stick postage stamps to article to cover First-Class postage,certified mall fee,and
charges for any selected optional services(See front).
1. It you want this receipt postmarked, stick the gummed stub to the right of the return
address leaving the receipt attached, and present the article at a post office service m
window or hand it to your rural carrier(no extra charge).
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the �
return address of the article,date,detach,and retain the receipt,and mail the article.
ul
3. If you want a return receipt,write the certified mail number and your name and address m
on a return receipt card,Form 3811,and attach it to the front of the anicle by means of the
gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article
RETURN RECEIPT REQUESTED adjacent to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of the 0
addressee,endorse RESTRICTED DELIVERY on the front of the article. co
M
5. Enter fees for the services requested in the appropriate spaces on the from of this 9
receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. x 0
LL
6. Save this receipt and present k if you make an inquiry. 101250-as-N-11079 d

NORTH CAROLINA DEPARTMENT OF
"''•; ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
n 4L"�/Sr NeyL
July 21 , 2000
NCDENR
r• ; .,,a'%��*`�,��',,,-y;��j �FRTIFIED MAIL
xu
JAME9B MUNTJR
}GOVERNOR Hi�A-
k-, +q =Mrny L. Pendry
2644 Smithtown Road
East Bend NC 27018
w� COE�I,r +x Re: Cecil Slate
secRETAm, 41 Proposed Slate Mine
Surry County
Dear Mr. Pendry: -
, cam eH;��� " '• The Division of Land Resources has received considerable correspondence
P.G.,'P.E1.O,RECTOR:,,,
related to the above referenced mining permit application and, pursuant to G.S.
ANDS G¢QLocIBT,`,-
+n,- t 74-51 of The Mining Act of 1971, the Director has deemed that a public hearing
44 T f• •wc .
n •f - is warranted. Please find enclosed a copy of the public notice listing the date,
time and location of the hearing along with a brief description of the hearing
format. Also enclosed is a copy of The Mining Act of 1971 and Rules for your
:a review.
Please note that a copy of the mining permit application and
corresponding maps are on file with both this office and our Winston-Salem
Regional Office (telephone no. is [phone]) for public information and
review prior to the date of the public hearing.
G.S. 74-57 lists seven denial criteria that can be considered by the
a va Department in making its decision to grant or deny a mining permit. Please note
that the Act does not have jurisdiction over of truck traffic, noise, and
1
s potential impacts to property values. G.S. 74-65 explains the Act's effect on
?1• ` � local zoning ordinances.
'r `. ..
Please contact this office if you have any questions. Your attendance
and participation will be appreciated.
Sincerely,
-� Judith A. Wehner
Assistant Mining Specialist
Land Quality Section
Enclosures
cc: Mr. Matt Gantt, P.E.
LAND OU.LITY SECTION [phone] FAX[phone]
p GEOLOOICALSURVEY SECTION [phone] FA%FB 191733-0900
P.O. Box 27687,RALEIGH, NORTH CAROL[N A 27611.7657 T ELE PHON E IS 19)73 3-3 83 FA%-(919)715-BeOi
.k%wr'r:'.•�+�'- `�'�•�'T"F^� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50%RECYCLEO/10Ye.P06T-CONSUMER PAPER

Z V355 710 484
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sent to
Street S Number
Post Office,State,&ZIP Code
Postage $
CeNfied Fee
Special Delivery Fee
Restricted Delivery Fee
N
Retum Receipt Showing to
Whom&Date Delivered
gRelum RKopl Showng to Whom,
Data,&Aftessee's Address
G
O0 TOTAL Postage&Fees $
Postmark or Dete
0
LL
rn
a

Stick postage stamps to article to cover First-Class postage,certified mail fee,and
charges for any selected optional services(See front).
1. It you want this receipt postmarked,stick the gummed stub to the right of the return
address leaving the receipt attached, and present the article at a post office service
In
window or hand it to your rural canter(no extra charge). m
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the M
return address of the article,date,detach,and retain the receipt,and mail the article. N
3. If you want a retum receipt,write the certified mail number and your name and address m
on a return receipt card,Form 3811,and attach k to the front of the article by means of the _
gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article Q
RETURN RECEIPT REQUESTED adjacent to the number.
O
4. If you wool delivery restricted to the addressee, or to an authorized agent of the C
addressee,endorse RESTRICTED DELNERY on the front of the article. OD
5. Enter fees for the services requested in the appropriate spaces on the front of this
receipt. d return receipt is requested,check the applicable blocks in item i of Form 3812. ri
6. Save this receipt and present 4 if you make an inquiry. touss-s9•en-oozs d

r --
a 701-7 _.
[3, .,_ P -- ----- - -
e�
- ---------- w-- ���--,fin—�I' e,.----- C��s--cnvf�- ------ ------

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_ II

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
1 t
<p 7`
14
NCDENR "�
t UAME9 B.HUNT UR.�j
' NOR MEMORANDUM
TO: Ms. Diane Long
CDEVI Deputy Director of Intergovernmental Affairs
!!WAYNE MT±
GZSEGRIT.ETARY� ' 1
FROM: Charles Gardner
„« Director, Division of Land Resources
r "vGNYRLE9 H�GP.6
A�RO�NuqER'',+ DATE: July 25, 2000
I_P..G:,P""E;`DIRECTOR. ,, _
AND STATE GEOLOGI9Ty.; -
91�„YY11.- ? -X •r•
SUBJECT: Public Hearing
.. �' Cecil Slate
' Proposed Slate Mine
Surry County
y"
5
' I " The Land Quality Section has received significant public interest
relative to a mining permit application filed by Cecil Slate. I have
1 determined that a public hearing is warranted. Thus, I am requesting
�/our assistance in performing the duties as hearing officer. Ms. Judy
" r \Vehner, Assistant State Mining Specialist, will be in touch with you
i to work out any questions you may have.
r ``" a I
Flease find enclosed copies of the Public Notice concerning the.
hearing and the Public Hearing Format. Your cooperation in this
matter is greatly appreciated.
CHG/jw
Enclosures
cc: Mr. Matt Gantt, P.E.
LA,ND
QUALITY SECTION [phone] FAX[phone]
'H -i.•A > GEOLOGICAL SURVEY SECTION [phone] FAX[phone]
P.O.BOX 27687, RALEIGH. NORTH CAROLINA 2761 1-7687 TELEPHONE[phone] FAX [phone]
AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EM11LOMLR-50% RECYCLED/I0% POST-CONSUMER PAPER

729/97
PUBLIC HEARING FORMAT
I. Call to Order:
Good evening and welcome. My name is Diane Long and I am the
hearing officer for this public hearing. My responsibility is to provide a
record of this hearing and written comments for the Director of the
Division of Land Resources. I would like to emphasize that absolutely no
de(:isions will be made this evening on this permit application. Please
sign in at the back on the sign in sheets and indicate whether or not you
wish to speak, if you have not already done so.
PIE-ase take a copy of the Mining Act of 1971, Administrative Rules on
Mining, and a Mining Brochure (hold up) for reference during the hearing.
Introduce DENR staff:
Tracy Davis, State Mining Specialist
Judy Wehner, Assistant State Mining Specialist
Matt Gantt, Regional Engineer, Winston-Salem Reg. Office
Steve Booe, Environmental Technician, Winston-Salem Reg. Office
It. State the Purpose for Hearing:
Tho purpose of this hearing is to receive public comment related to the
mining permit application for an instream dredge mining operation located
off Rockford Road in Surry County.
The: hearing will be conducted in the following manner:
1. Explanation of the action for which the permit is required by the
hearing officer.
2. Explanation of the permit procedures as set forth in The Mining Act
of 1971 by the Division of Land Resources, Land Quality Section.
3. Public Comment - Comments, statements, data, and other
information may be submitted in writing prior to or during the
hearing or may be presented orally at the hearing. Persons
desiring to speak will indicate their intent at the time of registration
at the hearing. So that all persons desiring to speak may do so,
_lengthy statements may be limited at the discretion of the hearing
officer. Oral presentations which exceed three

-2-
(3) minutes must be accompanied by three (3) written copies which
will be filed with the hearing officer at the time of registration.
4. Cross examination of persons presenting testimony will not be
allowed; however, the hearing officer may ask questions for
clarification.
5. (Optional) The applicant may make a short presentation at the end
of the hearing and may be available for individual/group discussion
after the hearing is adjourned.
6. The proceedings will remain open for a period of ten (10) days
following the hearing for additional written arguments or
statements.
III. Explanation of the Action for which a Mining Permit is Required:
- The applicant proposes to remove sand from the Yadkin River through
use of an instream dredge in Surry County. The applicant has submitted
an erosion and sedimentation control plan for the mine site intended to
protect surrounding areas and watercourses. A reclamation plan has also
been submitted to the Department for review concerning restoration of
this area to a useful land use once mining has terminated. A copy of this
information may be viewed here at the front of this hearing room after the
hearing has adjourned. Copies of the application materials may also be
viewed upon request after tonight at the Land Quality Section's Winston-
Salem Regional Office and the Raleigh Central Office.
I11. LQS Presentation:
Now I would like to defer to Ms. Judy Wehner, Assistant State Mining
Specialist with the Land Quality Section, for a brief explanation of the
mining permit procedures as set forth in the Mining Act of 1971 (see
attached "Land Quality Section Public Hearing Presentation")

-3-
IV. Comment Procedure:
Comments shall be limited to those that relate directly to the seven (7)
denial criteria listed under G.S. 74-51 of The Mining Act of 1971 that the
Department considers in making its decision to grant or deny a mining
permit application. These criteria are the ones that were explained in
detail to you a few minutes ago by the Land Quality Section Mining
Program staff.
Again, if you have not already signed the attendance sheet in the back,
please do so now. This will provide us with an accurate attendance
record and will let us know who wishes to speak at the hearing tonight.
We do not want to miss anyone.
In light of the number of people who have indicated their desire to present
comments on this application, I will limit oral comments to three (3)
minutes per person in order to give everyone desiring to speak adequate
time. If there is additional time available at the end of the hearing, I may
allow additional comments at that time.
There is no particular order in which I will call on you to speak, unless you
have specifically requested so prior to the start of this hearing. Therefore,
I will proceed row by row down the attendance sheets calling on those
who have indicated that they wish to speak.
Please step forward to the podium when I call your name. If you have
written comments it would be extremely helpful if you would provide them
to us before you start your presentation.
(call on each person who wishes to speak and take notes on their comments, concerns,
etc.)
LQS staff will address questions concerning the Act
After all of the individuals that have indicated that they wish to speak have
finished their presentations, ask if anyone else wishes to speak. Ask
them to approach the podium.
- Is there anyone else?
At this time, would the applicant wish to make some brief comments?

-4-
We would like to thank everyone for attending this public hearing tonight
and for the important comments and questions raised. The Department
will review the items presented tonight as they relate to G.S. 74-51 of the
Mining Act of 1971.
The proceedings of this public hearing will remain open for a period of 10
days from tonight or until August 25, 2000 for the filing of additional
written comments to be included in the official hearing summary I will
prepare for the Director of the Division of Land Resources.
Please send 2 copies of any written comments to me at the following
address:
Ms. Diane Long
Office of the Secretary
1601 Mail Service Center
Room 1419Q
Raleigh, North Carolina 27699-1601
Please note that even though the public hearing summary will close on
August 25, 2000, the Department will continue to accept written public
comments on this application throughout the application review process
until a decision is made. The Mining Program staffs business cards are
available on the table containing the handouts at the entrance to this
room.
Are there any questions? If not, this public hearing is now adjourned.
/td.
g:WLmriWh raVniningkvptpubh arVormat.doo -

h tip://wwW.ncga.state.na.us/gascrip...rs/reports/99A Iph abet icaI.pl?Senate .I
NORTH CAROLINA GENERAL ASSEMBLY
SENATE
1999 SESSION
(•)FIRST TERM S13NA-1OR
(**)PREFFRRED MAILING ADDRESS
SENA'I OR COUNTY/PARTY DISTRIC'I'ADDRESS BUSINESS ADDRESS
(SI'OuSE) DISTRICT TELEPHONE TELEPIlONIJFAX
ALBERTSON,Charles W."Charlie" Duplin/Dem 136 Henry Dunn Pickett Road 525 Legislative Office Building••
(Grace) 5 Beulaville 28518 Raleigh 27601-2808
[phone] [phone]
[phone](Fax)
ALLRAN,Austin M. Catawba/Rep 515 Sixth Street,NW P.O.Box 2907••
(Judy) 26 hickory 28601 Hickory 29603
[phone] [phone]
[phone](Fax) [phone](Fax)
HALLANCE,JR.,Frank W. Warren/Dem P.O.Box 616** 523 Legislative Ofc.Bldg.
(Bcmadine) 2 Warrenton 27589 Raleigh 27601-2808
[phone] [phone]
[phone](Fax)
RALLANTINE,Pairiek.l. New I lanover/Rep 6008 Forest Creek Circle 1127 Legislative Bldg.*"
(Lisa) 4 Wilmington 28403 Raleigh 27601
[phone] [phone]
BASNIGRT,Marc Dare/Dem Use Raleigh Address Only 2007 Legislative Bldg.•*
(Sandy) 1 Raleigh 27601
[phone]
[phone](Fax)
CARPENTER,Robert C."Bob" Macon/Rep 29 Admiral Drive** same
(Helen) 42 Franklin 28734
[phone]
[phone](Fax) [phone](Fax)
CA RRI NGTON,John If. Wake/Rep 14209 Cross Creek Drive(No Mail Please) 100 Hunter Place,Building I
36 Raleigh 27615 Youngsville 27596
[phone] [phone]
[phone](Fax)
*CARTER,Charles Buncombe/Dem 1'.O.Box 131 •'
28 Asheville 28802
[phone]
*CLOIIFELTER,Daniel G."Dan" Mecklenburg/Dem 523 Clement Avenue 100 N.1 ryon St.,47th Floor••
(Elizabeth K.Bevan) 40 Charlotte 29204 Charlotte 28202-4003
[phone] [phone]
[phone] (Fax)
COCHRANE,Betsy L. Davie/Rep 122 Azalea Circle'" same
(.Inc) 38 Advance 27006
[phone]
COOPER III,Roy A. Nash/Dem 308 Gravely Drive P.O. Drawer 4538"•
(Kristin) 10 Rocky Mount 27804 Rocky Mount 27803
[phone] [phone]
[phone](Fax)
I of 4 7/21/2000 8:28 AM

http://www.ncga.state.nc.as/gasci-ip...rs/reports/99Alphabetic il.pl'?Senate
DAL TON,Waller 11. Rutherford/Dcnt 560 N.Main Street" 11.O.Da.x 800
(Lucille) 37 Rutherfordton 28139 Rutherfordtun 28139
[phone] [phone]
[phone](Fax)
DANINELLY,Charlie Smith Mecklenburg/Dem 3167 Dawnsltire Avenue 2106 Legislative Bldg."*
(Rose) 33 Charlotte 28216 Raleigh 27601
[phone] [phone]
[phone](pax) [phone](pax)
EAST,Ilan W. Surry/Rep Route I,Box 232•• same
(Connie) 12 pilot Mountain 27041
[phone]
FORRESTER,James"Jim" Gaston/Rep 1'.0.Box 459•• 5101lwy.27 South
(Mary Frances) 39 Stanley 28164 Stanley 28164
[phone] [phone]
[phone](Fax)
FO.XX,Virginia Watauga/Rep 11468 Highway 105•• same
(Thomas) 12 Banner Hlk 29604
[phone]
"GARROU,Linda Forsyth/Dem 3910 Canterille Farm Road•' p.O.Box 11843
(John) 20 Winston-Salem 27106 Winston-Salem 27116
[phone] [phone]
[phone](Fax)
GARWOOD,John A. Wilkes/Rep 453 Mark Lane" same
(Wanda) 27 North Wilkesboro 28659
[phone]
[phone](Fax) [phone](Fax)
GULLEY,Wit, Durham/Dem 4803 Montvale Drive 400 West Main Street'"
(Charlotte Nelson) 13 Durham 27705 Durham 27701
[phone] [phone]
[phone](Fax)
"IIAGAN,Kay R. Guilford/Dem 305 Meadowbrook Terrace 519 Legislative Ofc.Bldg."•
(Chip) 32 Greensboro 27408 Raleigh 27601
[phone] [phone]
[phone](Fax) [phone](Fax)
"IIARRIS,Oscar N. Johnston/Dem p.O.Box 579••
(Jean) 15 Dunn 28335
[phone]
[phone](Fax)
HART'SELL,JR.,Fletcher L."Flelch" Cabarrus/Rep 129 Ovcrbrook Drive NE 11.0.Box 368--
(I ana) 22 Concord 28025 Concord 28026-0368
[phone] [phone]
[phone](Fax)
IIORTON',.IR.,Hamilton C. Forsyth/Rep 800 Englewood Drive 328 North Spring Street•"
(livelyn) 20 Winston-Salem 27106-5600 Winston-Salem 27101
[phone] [phone]
[phone] (Fax)
HOYLE.David W. Gaston/Dem 604 Queens Drive P.O.[lux 2494
(Linda) 25 Dallas 28034 Gastonia 28053
[phone] [phone]
_(704)866-4338(Fax)
JORDAN,JR.,Luther henry New Hanover/Dent 312 South 7th Street P.O.Box 930"
2 of 4 7/21/2000 8:28 AM

http://www.nega.state.ne.us/gascrip...rs/reports/99A Iph abet ica1.pI?Sena!,
7 Wilmington 28401 Wilmington 29402
[phone] [phone]
[phone](17as)
KERR 111,John 11. Wayne/Dem 232 Ridgewood Drive P.O.Box 1616--
(Sandra) 8 Goldsboro 27534 Goldsboro 27533-1616
[phone] [phone]
[phone](Fax)
KINNAIRD,Eleanor"Ellie" Orange/Dent 207 West Poplar Avenue•• P.O.Box 25397
16 Carboro 27510 Raleigh 27611
[phone] [phone]
[phone](pax)
LEE,Roward N. Orange/Dem 109 Glenview Place 406 Legislative Ofe.Bldg. *"
(Lillian) 16 Chapel I fill27514 Raleigh 27601
[phone] [phone]
[phone](17ax) [phone](Pax)
LUCAS,Jeanne Ilopkins Durham/Den 4504 Glenn Road P.O.Box 3366"•
(William) 13 Durham 27704 Durham 27702
[phone] [phone]
[phone](Fax) [phone](Fax)
MARTIN,R.L."Ron" Pitt/Dem P.O.Box 387--
(Sue) 6 Bethel 27812
(252)8254361
[phone] (Fax)
MARTIN,William N."Bill" Guilford/Dem P.O.Box 21363 P.O.Box 21325--
(Patricia Yancey) 31 Greensboro 27420-1363 Greensboro 27420-1325
[phone] [phone]
[phone](Fa.x)
'METCALF,Stephen M.Steve Buncombe/Dem 129 Westwood(toad P.O.Box 1694"•
(Donna Ball-Metcall) 28 Asheville 28804 Asheville 28802
[phone] [phone]
[phone](Fax)
MILLER,Brad Wake/Dem 2306 Beechridge Road•• 4006 Barrett Drive
(17sther Ball) 14 Raleigh 27608 Raleigh 27609
[phone] [phone]
[phone](Fax)
7•MOORS,-Kenneth-R."Kert" Caldwell/Rep 11.0.Box 610••
r(Charlene) 27 Lenoir 28645
[phone]
[phone](Fax)
oDOM,SR.,T.La Fontine"Fountain' Mecklenburg/Dem 15131 Biding Road 1515 Elizabeth Avenue**
34 Charlotte 28278 Charlotte 29204
[phone] [phone]
[phone](17ax) [phone](Fax)
PERDUE,Beverly Eaves"lied' Craven/Dem 211 Wilson Point Road P.O.Box 991 ••
(Robert Haves) 3 New Bem 28562 New Bern 28563
[phone] [phone]
[phone](Fax) [phone](pax)
PHILLIPS,SR.,Jim W. Davidson/Dem 400 Western Boulevard"^ sane
(Carolyn) 23 Lexington 27295
[phone]
PLYLER,Aaron W. Union/Dem 2170 Concord Avenue•• same
3 of 4 7/21/2000 8:29 AM

i
MEMORANDUM } l�Y
TO:
FROM: Charles Gardner Director, Division of Land Resources
All
DATE:
SUBJECT: Public Hearing
Cecil Slate
Proposed Slate Mine
v Surry County
The Land Quality Section has received significant public interest
relative to a mining permit application filed by Cecil Slate. I have
determined that a public hearing is warranted. Thus, I am requesting /
your assistance in performing the duties as hearing officer. Ms. Judy J
Wehner, Assistant State Mining Specialist, will be in touch ith you��
to work out any questions you may have.
Please find enclosed copies of the Public Notice concerning the t
hearing and the Public Hearing Format. Your cooperation in thi
PAL-
matter is greatly appreciated.
CHGljw
Enclosures
cc: Mr. Matt Gantt, P.E.

7/29/97
PUBLIC HEARING FORMAT
I. Call to Order:
- Good evening and welcome. My name is ' and I am the hearing officer
for this public hearing. My responsibility is to provide a record of this
hearing and written comments for the Director of the Division of Land
Resources. I would like to emphasize that absolutely no decisions will be
made this evening on this permit application. Please sign in at the back
on the sign in sheets and indicate whether or not you wish to speak, if you
have not already done so.
Please take a copy of the Mining Act of 1971, Administrative Rules on
Mining, and a Mining Brochure (hold up) for reference during the hearing.
Introduce DENR staff:
Tracy Davis, State Mining Specialist
Judy Wehner, Assistant State Mining Specialist
Matt Gantt, Regional Engineer, Winston-Salem Reg. Office
Steve Booe, Environmental Technician, Winston-Salem Reg. Office
it. State the Purpose for Hearing:
The purpose of this hearing is to receive public comment related to the
mining permit application for an instream dredge mining operation located
off Rockford Road in Surry County.
The hearing will be conducted in the following manner:
1. Explanation of the permit procedures as set forth in The Mining Act
I of 1971 by the Division of Land Resources, Land Quality Section. ✓
y 2. Explanation of the action for which the permit is required by the
Q� hearing officer.
CYW� 3. Public Comment - Comments, statements, data, and other
information may be submitted in writing prior to or during the
Y- hearing or may be presented orally at the hearing. Persons
desiring to speak will indicate their intent at the time of registration
at the hearing. So that all persons desiring to speak may do so,
lengthy statements may be limited at the discretion of the hearing
officer. Oral presentations which exceed three

-2-
(3) minutes must be accompanied by three (3) written copies which
will be filed with the hearing officer at the time of registration.
4. Cross examination of persons presenting testimony will not be
allowed; however, the hearing officer may ask questions for
clarification.
5. (Optional) The applicant may make a short presentation at the end
of the hearing and may be available for individual/group discussion
after the hearing is adjourned.
6. The proceedings will remain open for a period of ten (10) days
following the hearing for additional written arguments or
statements.
III. Explanation of the Action for which a Mining Permit is Required:
The applicant proposes to remove sand from the Yadkin River through
use of an instream dredge in Surry County. The applicant has submitted
an erosion and sedimentation control plan for the mine site intended to
protect surrounding areas and watercourses. A reclamation plan has also
been submitted to the Department for review concerning restoration of
this area to a useful land use once mining has terminated. A copy of this
information may be viewed here at the front of this hearing room after the
hearing has adjourned. Copies of the application materials may also be
viewed upon request after tonight at the Land Quality Section's Winston-
Salem Regional Office and the Raleigh Central Office.
III. LQS Presentation:
Now I would like to defer to Ms. Judy Wehner, Assistant State Mining
Specialist with the Land Quality Section, for a brief explanation of the
mining permit procedures as set forth in the Mining Act of 1971 (see
attached "Land Quality Section Public Hearing Presentation")

-3-
IV. Comment Procedure:
Comments shall be limited to those that relate directly to the seven (7)
denial criteria listed under G.S. 74-51 of The Mining Act of 1971 that the
Department considers in making its decision to grant or deny a mining
permit application. These criteria are the ones that were explained in
detail to you a few minutes ago by the Land Quality Section Mining
Program staff.
- Again, if you have not already signed the attendance sheet in the back,
please do so now. This will provide us with an accurate attenda
record and will let us know who wishes to speak at the he g tonight.
We do not want to miss anyone.
In light of the number of people who have indicated t eir d ire to pres nt
comments on this application, I will limit oral comme is t " inutes p ✓
person in order to give everyone desiring to speak a equate time. If
there is additional time available at the end of the he ing, I may w
additional comments at that time.
There is no particular order in which I will call on you to speak, unless you
have specifically requested so prior to the start of this hearing. Therefore,
I will proceed row by row down the attendance sheets calling on those
who have indicated that they wish to speak.
Please step forward to the podium when I call your name. If you have
written comments it would be extremely helpful if you would provide them
to us before you start your presentation.
(call on each person who wishes to speak and take notes on their comments, concerns,
etc.)
LQS staff will address questions concerning the Act
After all of the individuals that have indicated that they wish to speak have
finished their presentations, ask if anyone else wishes to speak. Ask
them to approach the podium.
- Is there anyone else?
- At this time, would the applicant wish to make some brief comments?

A-
We would like to thank everyone for attending this public hearing tonight
and for the important comments and questions raised. The Department
will review the items presented tonight as they relate to G.S. 74-51 of the
Mining Act of 1971.
- The proceedings of this public hearing will remain open for a period of 10
days from tonight or until August 25, 2000 for the filing of additional
written comments to be included in the official hearing summary I will
prepare for the Director of the Division of Land Resources.
Please send 2 copies of any written comments to me at the following
address:
*name
*title
*address
Please note that even though the public hearing summary will close on
August 25, 2000, the Department will continue to accept written public
comments on this application throughout the application review process
until a decision is made. The Mining Program staffs business cards are
available on the table containing the handouts at the entrance to this
room.
Are there any questions? If not, this public hearing is now adjourned.
/td
g:%u"m\shareVniningF*pVubhaarVo at.dw