20231115_Transfer_Application

RECEIVED
NOV 15 2023
DULR Stormwater Program
Parker Brackin
Associate Counsel
Construction Partners,Inc.
701 Corporate Center Drive,Suite 10I
Raleigh,NC 27607
[e-mail]
[phone]
November 3,2023
Via UPS
Division of Energy, Mineral,and Land Resources
North Carolina Department of Environmental Quality
1612 Mail Service Center
Raleigh,North Carolina 27699-1612
RE: FSC II,LLC, Request to Transfer Permit
Grit Pit,Northampton County,NC
Permit No: 66-04
To Whom It May Concern:
I serve as counsel for Construction Partners, Inc. ("CPI"), the parent company of FSC II,
LLC dba Fred Smith Company ("FSC"), and in that capacity, this letter is submitted on behalf of
FSC with the intention of requesting a Mine Permit transfer.
In accordance with G.S. 74-51 of the Mining Act of 197I, FSC hereby notifies the N.C.
Division of Energy, Mineral and Land Resources that it has agreed to succeed to the interest of
Rose Brothers Paving Company("Rose Brothers")by virtue of a sale and assignment of the Grit
Pit located in Northampton County, North Carolina ("Grit Pit") from Rose Brothers to FSC,
effective as of October 31, 2020. The Grit Pit is covered by NCDENR Permit No. 60-44
("Permit"). Based upon sale and assignment, FSC hereby requests that the Division release Rose
Brothers from the duties imposed upon Rose Brothers effective as of October 31, 2020, which is
the date FSC acquired legal ownership and control of the Grit Pit.Finally,and with this letter,FSC
assumes the duties of Rose Brothers effective as of this date with reference to reclamation of the
Grit Pit.
Consistent with G.S. 74-51 of the Mining Act of 1971,a completed Application for a Mine
Permit transfer is enclosed, along with all required attachments and a check for the required
application fee. In addition, a letter from Rose Brothers confirming the sale and assignment of the
Grit Pit is enclosed as well.
If you have any questions or need additional information concerning this ownership change
and future operations of this Grit Pit,please contact me at the above address and telephone number.

Rose BROTHIERSAO%
Paving Company, Inc.
October 31,2023
Division of Energy,Mineral,and Land Resources North Carolina Department of Environmental Quality
1612 Mail Service Center
Raleigh,North Carolina 27699-1612
RE: Notice of Permitted Facility Sale
Grit Pit, Northampton County,NC
Permit No:66-04
Gentlemen:
In accordance with G.S.74-51 of the Mining Act of 1971,the permittee,Rose Brothers Paving
Company, hereby notifies the N.C.Division of Energy,Mineral,and Land Resources that it has sold its
Grit Pit, located in Northampton County, North Carolina to FSC II, LLC dba Fred Smith Company("FSC),
effective as of October 31,2020.The Grit Pit is covered by NCDENR Permit No.66-04.
With respect to the mining permit referenced above,the transfer of permit responsibility,
coverage,and liability,per the Mining Act of 1971,shall be effective as of October 31,2020,which is the
date FSC acquired legal ownership and control of the Grit Pit.
If you have any questions or need additional information concerning this ownership change and
future operation of this sand pit,please contact Parker Brackin at Construction Partners Inc.as follows:
Parker Brackin
Associate Counsel
Construction Partners Inc.
701 Corporate Center Drive,Suite 101
Raleigh,NC 27607
Thank you for your help.If you should have any questions or comments,please do not hesitate
to let me know.
Sincerely,
E.Tim Rose
Rose Brothers Paving Company
President
NC 561 1Nest• P.O. Box 806, Ahoskie, NC 27910
Phone: [phone] • Fax: [phone]
E-mail: [e-mail]

NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources [phone]
NOTE:It is recommended that you contact the appropriate Regional Office or the Raleigh Central Office for a PRE-
APPLICATION MEETING to discuss your intentions and address any questions.
1. Name of Mine Grit Pit
County Northhampton River Basin Roanoke
Latitude(decimal degrees to four
places) 36.2574
Longitude(decimal degrees to four
places) -77.3304
2. Name of Applicant FSC 11, LLC dba Fred Smith Company
Applicant Contact Andrew Norton Consultant Contact
Applicant Email [e-mail] Consultant Email
Telephone Telephone
Cell Phone [phone] Cell Phone
3 Permanent Address for Receipt of
Official Mail" 701 Corporate Center Drive, Suite 101
Raleigh, NC 27607
4. Mine Office Address 1367 Chapel Hill Church Road
Rich Square, NC 27869
5. Mine Manager Chad McCaskey
Mine Manager Email [e-mail]
Telephone [phone] Cell Phone
I 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.
Signature*** WDate MY 3/dDd3
Print Name
Tile _ SSi.F Srcrc#{r
`This will be the name that the mining perm:l will be issued tc.and the name that must be indicated on the reclamation.bond(security)that
corresponds to this site.
"'The D vis:on of Energy,M neral,and Land Resources must be notified pf any changes in the permanent address or selephone 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.
Revised September 21,2021 IL

NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy.Mineral,and Land Resources [phone]
NOTE:All the following questions must be thoroughly answered regarding 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
1. Answer all the following that apply:
This is an application for a NEW permit.
Indicate the total acreage at the site to be covered by the permit _
(This is the acreage 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:
❑ This is an application for a MODIFICATION to a mining permit.
Mining Permit Number. Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
YES F ]NO
If yes,indicate the acreage to be covered by this modification
Does the modification involve acrea a 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 the acreage to be added to the permit,will any portion be affected(i.e.,disturbed,ground cover
remrlby the mining operation?
YES NO
If yes,indicate the acreage to be affected within the acreage to be added to the permit
The modification fee is based upon the proposed new affected acreage within the previously
approved permitted boundary plus the proposed total acreage to be added outside the previously
approved permitted boundary.
This is an application for TRANSFER of a mining permit.
Mining Permit Number: 66-04 Total permitted acreage: 117.71
Revised September 21, 2021 P a g e 12

NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources [phone]
MWING FEE SCHEDULE
A nonrefundable permit application processing fee when riling for a new mining permit,permit modification,or transferred permit is
required as follows:
APPLICATION TYPE 0--25 ACRES 26+ACRES
New Permit Applications $3.750.00 $5.000.00
Permit Modifications $750.00 $1,000.00
Permit Transfers $100.00 $100.00
Annual Operating Fee $400.00 $400.00
Acres for new permits means the total acreage at the site to be covered by the permit.Acres for modification of permits means the
new affected acres within the previously approved permitted boundary plus the proposed total acreage to be added outside the
previously approved permitted boundary.
2. Name of all materials mined: Sand and Gravel
3. Mining Method-
❑ Hydrautc Dredge Front-end Loader&Truck ZShovel&Truck
Dragline&Truck Self-loading Scraper FX]Excavalor&Truck
Other(please explam)-
4. Expected maximum depth of mine(feet)25
Depth is relative to what benchmark?(e.g.,natural ground level,mean seal level,road elevation,etc,)
natural ground
Expected average depth of mine(feet)22
5. Has an area at this site been mined in the past?
YESM NO
If yes,when and by whom was this activity conducted?1877 b� +r •� •b�•�.•�+•�.•B nuw+P•Nnp Cu p.r4 Fodu•y i9i7
6. Estimated life of the operation(years):40
NOTE:The Department may request clarification on how life of mine was calculated.
Revised September 21, 2021 Page

NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral.and Land Resources [phone]
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 pursuant to G.S.74-56.
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 /'4- Signature` ,v
Print Name Print Name
Andrew Norto Andrew Norton
Tipe(if applicable) Deputy General Counsel Title Deputy General Counsel
Company(if applicable) FSC n,LLC dba Fred Smith Company Company FSC II,LLC dba Fred Smith Company
Address 701 Corporate Center Drive,suite 101 Mine Name Grit Pit
Raleigh, NC 27607 Telephone [phone]
Telephone [phone] Date Signed
Date Signed
1 3 aaa
'Signature must be the same as the individual who signed Page 1 of this application.
One original and five U copies of the completed application,six(6)copies of all location maps,mine maps and
reclamation maps,and the appropriate processing fee in the form a check or money,order vavable to the North Carolina
Department of Environmental Quality must be sent to the Raleigh 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(919)707-9220.
Revised September 21, 2021 P a g e 119

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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
Land Quality Section
Bond Pursuant to"The Mining Act of 1971"
(G.S. 74-46 through G.S. 74-68)
KNOW ALL MEN BY THESE PRESENTS, That FSC 11, LLC dba Fred Smith Company
a Limited Liability Company and having its principal office at 701 Corporate Center Drive,Suite 101,Raleigh,NC 27607
in the State of North Carolina , as principal, and Western Surety Company
a corporation organized under the laws of the State of South Dakota and duly authorized by
the Insurance Commissioner of North Carolina to do business in North Carolina, with an office located at
8601 McAlpine Park Drive , in the City of Charlotte ,North Carolina,as surety,are held and firmly
bound unto the State of North Carolina in the sum of Forty-Seven Thousand Three Hundred and 001100 dollars
Bond No. 30110281 lawful money of the United States of America, to the payment of
which will and truly be made, we bind ourselves, our heirs, administrators and successors jointly and
severally, firmly by these presents.
Signed, sealed and delivered this 29th day of October 2420.
THE CONDITIONS OF THIS BOND ARE SUCH, That Whereas, the said
FSC 11, LLC dba Fred Smith Company
conducts or will conduct mining operations in North Carolina as described in the application for an operating
permit which includes a Reclamation Plan as provided in G.S. 74-53 and has obtained approval of this
application on the_day of , 20_, from the Department of Environmental
Quality.
Rev. Dec 2006

NOW THEREFORE, if the said FSC Il, LLC dba Fred Smith Company
shall comply with the requirements set forth in "The Mining Act of 1971" (G.S. 74-46 through 74-68) and
with the rules and regulations adopted pursuant thereto and faithfully perform all obligations under his
approved Reclamation Plan then this obligation shall be null and void; otherwise to be and remain in full
force and effect until released by the Department of Environmental Quality in accordance with G.S. 74-56
or canceled by the surety. Cancellation by the surety shall be effectuated only upon 60 days written notice
thereof to the De rtment of Environmental Quality and the operator as provided in G.S. 74-54.
s
ti
ATTE
FSC II, LLC dba Fred Smith Company
S*rdiary or Principal
4Lc nt Secretary
� FPO'p.�
s h ) By
{ irC$ to Seal ) President, a President,
e rporation ) r
Western Surety Company
Surety
Countersigned at 6100 Fairview Road,Suite 1800,Charlotte,NC 28210(704)3W8834 , North Carolina
By: W Lt-,-
Resident Went-of NC Agent and Attorney in Fact
William J.Quinn Renee Ellis
*PLEASE MAIL THIS FORM AND THE ATTACHED INSTRUMENT
TO THE FOLLOWING ADDRESS:
LAND QUALITY SECTION
1612 MAIL SERVICE CENTER
RALEIGH. NC 27699
Page 2 of 2
Rev. Dec 2006

Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Meta By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make.
constitute and appoint
Thomas J Gentile,Billie Jo Sanders,Renee Ellis,Paul B Scott Jr,David J Durden,Milton A
Kopf III, Individually
of Montgomery,AL,its true and lawful Anorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf
bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,arc hereby ratified and confirmed
This Power or Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation
In Witness Whereor,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this I M day of June,2015.
txgo
WESTERN SURETY COMPANY
sul T.Bmflat,Vice President
State orSouth Dakota 1
J?
County orMinnehaha ss
On this 19th day of June,2015,before me personally came Paul T Bruflat,to me known,who,being by me duly sworn,did depose and say: that he
resides in the City of Sioux Falls,State of South Dakota,that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument,that he knows the seal ofsaid corporation;that the seal affixed to the said instrument is such corporate seal,that it was so affixed pursuant
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be
the act and deed of said corporation
My commission expires +•++++++++++w+ ++++r{
S. EICH #
February 12,2021 Nt7M PUBLIC ' r` ,
fiolrnl IlAIOdfA
CERTIFICATE S.Eich,Notary Public
1,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force,
and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name
and affixed the seal of the said corporation this 29th day of October,2020.
1 ' WESTERN SURETY COMPANY
o�pa�
4
ac„
Form F4284-7-2412 L Nelson,Assistant Secretary

Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary,Treasurer,or any Vice President,or by such other
officers as the Board of Directors may authorize. The president,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may
appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity ofany bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation.
The signature of any such officer and the corporate seal may be printed by facsimile.