20210601_New_10-A02

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
June 1, 2021
Brandon Hardee
Hardee Enterprises
131 Houghton Place SW
Sunset Beach,NC 28468
RE: Benton Tract Sand Mine
Mining Permit No. IO-AO2
Brunswick County
Lumber River Basin
Dear Mr. Hardee:
The application for a mining permit for the above referenced mine site has been found to meet the requirements of
GS §74-51 of The Mining Act of 1971. As we have received the required security to cover this application, I am
enclosing the mining permit.
The conditions of Mining Permit No. 10-A02 were based primarily upon information supplied in the application
with conditions added as necessary to ensure compliance with The Mining Act of 1971. GS §74-65 states that the
issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning
regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State
of North Carolina.
As a reminder,your permitted acreage at this site is 11.20 acres and the amount of land you are approved to disturb
is 9.52 acres,as indicated in the application and on the mine maps in Table 4-1 of the permit.
Please review the permit and contact Adam Parr, Assistant State Mining Specialist, at [phone] of any
objection or questions concerning the terms of the permit.
Sincerely,
uy� �,
`David Miller, PE
State Mining Engineer
DM/ap
Enclosures
cc: Mr. Dan Sams, PE
Mr.William Gerringer-DOL, Mine and Quarry Bureau,w/o enclosures
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 2 76 9 9-1612
u••��� /°� 919.707.9200

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY,MINERAL AND LAND
RESOURCES
LAND QUALITY SECTION
PERMIT
For the operation of a mining activity
In accordance with the provisions of GS §7446 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:
Hardee Enterprises
Benton Tract Sand Mine
Brunswick County- Permit No. 10-A02
for the operation of a
Sand Mine
Which shall provide that the usefulness,productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.

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In accordance with the application for this mining permit, which is hereby approved by the Department of
Environmental Quality,hereinafter referred to as the Department,and in conformity with the approved Reclamation
Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the
surrounding environment and for reclamation of the land and water affected by the permitted mining operation.
This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan.
However,completed performance of the approved Reclamation Plan is a separable obligation,secured by the bond
or other security on file with the Department,and may survive the revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another operator succeeds to the
interest of the permittee in the permitted mining operation, by virtue of a sale, lease,assignment or otherwise, the
Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the
Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided
that both operators have complied with the requirements of the Mining Act and that the successor operator agrees
to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or
other security.
In the event that the Department determines that the permittee or permittee's successor is not complying with the
Reclamation Plan or other terms and conditions of this permit or is failing to achieve the purposes and requirements
of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend
the permit,or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right
to a hearing at a designated time and place on any proposed modification, revocation, or suspension by the
Department. Alternatively,and in addition to the above,the Department may institute other enforcement procedures
authorized by law.
I. Definitions. GS §74-49.
Wherever used or referred to in this permit,unless the context clearly indicates otherwise,terms shall have
the same meaning as supplied by the Mining Act,GS §74-49.
II. Permit History and Modification Summary. GS §74-51 and §74-52.
June 1,2021: This permit was issued on June 1,2021.
This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017-
209 and has no expiration date. However,all provisions of GS §74-51 and GS §74-52 still apply for new,
transferred,and modified mining permits.
III. Operating Conditions. GS §74-51.
1. Wastewater and OugM Dewatering.
A. Any wastewater processing or mine dewatering shall be in accordance with the permitting
requirements and rules promulgated by the N.C.Environmental Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance with any
applicable permit requirements and regulations promulgated by the Environmental
Protection Agency and enforced by the N.C. Environmental Management Commission. It
shall be the permittee's responsibility to contact the Stormwater Program to secure any
necessary stormwater permits or other approval documents.

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2. Air Quality and Dust Control.
A. Any mining process producing air contamination emissions shall be subject to the
permitting requirements and rules promulgated by the N.C. Environmental Management
Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary shall be
utilized to prevent dust from leaving the permitted area.
3. Buffer Zones.
A. Sufficient buffer(minimum 50 foot undisturbed)shall be maintained between any affected
land and any adjoining waterway or wetland to prevent sedimentation of that waterway or
wetland from erosion of the affected land and to preserve the integrity of the natural
watercourse or wetland.
B. Any mining activity affecting waters of the State,waters of the U. S.,or wetlands shall be
in accordance with the requirements and regulations promulgated and enforced by the N.
C. Environmental Management Commission.
4. Erosion and Sediment Control.
A. Adequate mechanical barriers including but not limited to diversions, earthen dikes,
sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent sediment
from discharging onto adjacent surface areas or into any lake, wetland, or natural
watercourse in proximity to the affected land.
B. All drainage from the affected areas around the mine excavations shall be diverted internal
to said excavations.
C. Mining activities, including dewatering activities and including the installation and
maintenance of the approved sediment basins and associated diversion channels, shall
occur as indicated on the Mine Maps with dates shown below in table Table 4-1 - Map
Revision,and the supplemental information received on February 22,2021,April 5,2021,
and May 4,2021.
Table 4-1-Map Revision
Map Sheet Map Description Dated Sealed Received
C 1 Overall Site Plan Aril 1,2020 July 21,2020 July 24,2020
C2 Site Plan/Mine Map April 29,2021 Aril 30,2021 May 4,2021
C3 Details March 29,2021 March 29,2021 Aril 5,2021
Supplemental Information
Jurisdictional Wetland Delineation February 22,2021
Pumping Operation and Monitoring Plan February 22,2021
NCG02 Application February 22,2021
Sediment Pond Calculations Aril 05,2021
5. Permanently Marked Boundaries.
All mining permit(10.50 acres)shall be permanently marked at the site on 100-foot intervals unless
the line of sight allows for larger spacing intervals.

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6. Graded Slopes and Fills.
The angle for graded slopes and fills shall be no greater than the angle, which can be retained by
vegetative cover or other adequate erosion control measure, structure, or device. In any event,
exposed slopes or any excavated channels,the erosion of which may cause off-site damage because
of sedimentation,shall be planted,or otherwise provided with ground cover,devices,or structures
sufficient to restrain such erosion.
7. Surface Drainage.
The affected land shall be graded so as to prevent collection of pools of water that are,or likely to
become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be
constructed or installed when required to prevent such conditions.
8. Visual Screening.
Existing vegetation or vegetated earthen berms shall be maintained between the mine and public
thoroughfares whenever practical to screen the operation from the public.
9. Buffer Between Mining Permit Boundaries and/or Right-of-ways.
Sufficient buffer(minimum 25 foot undisturbed)shall be maintained between any excavation and
any mining permit boundary to protect adjacent property.
10. Refuse Disposal.
A. No on-site disposal of refuse or other solid waste that is generated outside of the mining
permit area shall be allowed within the boundaries of the mining permit area unless
authorization to conduct said disposal has first been obtained from both the Division of
Waste Management and the Division of Energy,Mineral and Land Resources,Department
of Environmental Quality. The method of disposal shall be consistent with the approved
reclamation plan.
B. Mining refuse as defined by GS §7449(14)of The Mining Act of 1971 generated on-site
and directly associated with the mining activity may be disposed of in a designated refuse
area. All other waste products must be disposed of in a disposal facility approved by the
Division of Waste Management. No petroleum products, acids, solvents or their storage
containers or any other material that may be considered hazardous shall be disposed of
within the permitted area.
C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources
considers the following materials to be "mining refuse" (in addition to those specifically
listed under GS §7449(14)of the N.C. Mining Act of 1971):
i. on-site generated land clearing debris.
ii. conveyor belts.
iii. wire cables.
iv. v-belts.
V. steel reinforced air hoses.
vi. drill steel.
D. If mining refuse is to be permanently disposed within the mining permit boundary, the
following information must be provided to and approved by the Division of Energy,
Mineral and Land Resources prior to commencement of such disposal:
i. the approximate boundaries and size of the refuse disposal area.

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ii. a list of refuse items to be disposed.
iii. verification that a minimum of 4 feet of cover will be provided over the refuse.
iv. verification that the refuse will be disposed at least 4 feet above the seasonally
high-water table;and,
V. verification that a permanent vegetative groundcover will be established.
IV. Annual Reclamation Report and Annual Operating Fee Submittal. GS §74-55.
An Annual Reclamation Report and Annual Operating Fee of$400.00 shall be submitted to the Department
by September 1 of each year until reclamation is completed and approved for release by the Department.
V. Prior Approval Required for Plan Modification. GS ,74-52.
The operator shall notify the Department in writing of the desire to delete,modify or otherwise change any
part of the mining,reclamation,or erosion/sediment control plan contained in the approved application for
a mining permit or any approved revision to it. Approval to implement such changes must be obtained
from the Department prior to on-site implementation of the revisions.
VI. Bonding. GS §74-54.
The security, which was posted pursuant to GS §74-54 in the form of a$9,900.00 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.
VII. Archaeological Resources. GS
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 GS §70-3, "The Unmarked Human Burial and Human Skeletal Remains
Protection Act,"should the operator or any person in his employ encounter human skeletal
remains, immediate notification shall be provided to the county medical examiner and the
chief archaeologist,North Carolina Division of Archives and History.
VIII. Approved Reclamation Plan. GS §74-53.
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the
continuing validity of that Mining Permit. Additionally,the Reclamation Plan is a separable obligation of
the permittee,which continues beyond the terms of the Mining Permit.
To comply with GS §74-53 the approved plan will provide:
1. Minimum Standards.
A. The final slopes in all excavations in soil,sand,gravel,and other unconsolidated materials
shall be at such an angle as to minimize the possibility of slides and be consistent with the
future use of the land.
B. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.

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C. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use of
the land.
D. No small pools of water shall be allowed to collect or remain on the mined area that are,or
are likely to become noxious,odious,or foul.
E. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
F. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule included
in the plan,which shall to the extent feasible provide reclamation simultaneous with mining
operations and in any event, provide reclamation at the earliest practicable time after
completion or termination of mining on any segment of the permit area and shall be
completed within two years after completion or termination of mining.
2. Reclamation Conditions.
A. Provided further, and subject to the Reclamation schedule, the planned reclamation shall
be to restore the mine excavation to a lake area and to grade and revegetate the adjacent
disturbed areas.
B. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
i. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.
ii. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical
or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water
line.
iii. Any areas used for waste piles,screening,stockpiling,or other processing shall be
leveled and smoothed.
iv. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Condition Nos. III.10.A
through I I I.10.D.
V. 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 Revegetation Plan
approved by John Phillip Norris, PE on March 29,2021 or the following:
Whenever possible, disturbed areas should be vegetated with native warm season grasses such as
switch grass,Indian grass,bluestem,and gamma grass.
In addition,the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife
Resources Commission to enhance post-project wildlife habitat at the site.
4. Reclamation Plan.
Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event,
reclamation shall be initiated as soon as feasible after completion or termination of mining of any
mine segment under permit. Final reclamation, including revegetation, shall be completed within
two years of completion or termination of mining.

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IX. Issuance and Modification Summary. GS §74-51 and GS §74-52.
This permit is hereby issued this I st day of June,2021 pursuant to GS §74-51.
By:
Brian Wrenn, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality

CERTII'IED MAIL
NOTICE OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed as an adjoining landowner in the Benton Tract Sand
Mine application for a mining permit to conduct mining activities off SR 1304(Pea Landing Road) in Brunswick
County. The mining permit(no. 10-A02)was issued on June 1,2021.
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 writing with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,NC 27699-6714,
within sixty(60)days of the issuance of the permit.
Requirements for filing and serving a Petition are set forth in Chapter 150B of the North Carolina General Statues
and Title 26 of the North Carolina Administrative Code. In accordance with NCGS 15013-23, the party who files
the petition must serve a copy of the petition on the Department of Environmental Quality and the person who holds
the permit. Additional information regarding requirements for filing a Petition and Petition forms may be accessed
at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].In order to serve a petition on
the North Carolina Department of Environmental Quality you must mail a copy of the petition to Mr.Bill Lane,
Registered Agent and General Counsel, Department of Environmental Quality, 1601 Mail Service Center,Raleigh,
NC 27699-1601.
s
Brian Wrenn
Director
Division of Energy, Mineral,and Land Resources
North Carolina Department of Environmental Quality
This notice was mailed on
Brenda Harris
Mining Program Administrative Assistant