20110427_Modification_80-17

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
i Land Quality Section
James D. Simons, PG, PE ` Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
April 27, 2011
Mr. Wayne Cassavaugh
Carolina Sand Company, Inc.
2440 Angus Lane
Lenoir, North Carolina 28645
RE: Permit No. 80-17
Rowan County Pit No. 40
Rowan County
Yadkin River Basin
Dear Mr. Cassavaugh:
Your application for renewal and modification of the above referenced mining permit has
been approved. The modification is to increase the permitted acreage to 24.88 acres and the
affected acreage at this site to 21.16iacres. This modification includes the clarification and
revision of the mine permit boundary�on the mine maps (including an addition of land to the
western permit boundary), revisions to the erosion and sedimentation control measures onsite,
and revision to the dredge access location. These revisions resulted in a slight increase in
permitted and disturbed acreage at the site. A copy of the renewed and modified permit is
enclosed. The new expiration date is,April 27, 2021.
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The conditions in the renewed 'and modified permit were based primarily upon the initial
application. Modifications were made as indicated by the renewal and modification requests
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, 8C, 8D,�U, and 15 and Reclamation Condition No. 3.
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] I FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina,27604• Internet:hitp://www.dlr.enr.state.nc.uslpagesllandqualitysection.html
An Equal Opportunity I Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
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Mr. Cassavaugh
Page Two
G.S. 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 24.88 acres and the amount of land
you are allowed to.disturb is 21.16 acres.
Please review the renewed and modified permit and contact Ashley Rodgers, Assistant
State Mining Specialist, at [phone] should you have any questions concerning this
matter.
Sincerely,
0-,A% �&
Janet S. Boyer, PE
State Mining Specialist
Land Quality Section
JSBIar
Enclosures
CC' Mr. Zahid Khan
Ms. Shannon Deaton-WRC, w/enclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures j
US Fish and Wildlife Service, w/ permit
File

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DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISIION 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
111+1 Vf I j71, hill IIIIg PeJIIIIt aisle I.Jl�'� I`Y Crn-+C .Fi IJ, Gild Viper appi-rabic
laws, rules and regulations
Permission is hereby granted to.-
Carolina Sand Company, Inc.
Rowan County Pit No. 40
Rowan County — Permit No. 80-17
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 PERMITIEXPIRATION DATE: April 27 2021

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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 writ en 1�C1tlf'P of its intent to mnr�l.1y, ro�rnl�e or cl IcponrJ rho pnrmil or its i L L
u� ..au.,a L.I Iu uIc 61 I I fit, VI IL II ILGIIL lU
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
July 28 1989: This permit has been transferred from Rea Construction Company to Quality
Sand Company. The permit also has been modified to change the method of mining from
dragline to hydraulic dredge and to allow instream mining activities to occur in the area
delineated on the tax map and revised mine map received by the Land Quality Section on May
26, 1989 and June 1, 1989, respectively, pursuant to the following conditions.
October 29, 1993: This permit has been modified to change the company name from Quality
Sand to American Concrete Products, Inc. as indicated in the modification request.
March 12 1999: This permit, issued to American Concrete Products, Inc. has been
4 transferred in its entirety to Carolina Sand Company, Inc.
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April 26, 1999: This permit has been modified to extend the permit boundary and allow
dredging in the river up to approximately 1,000 feet upstream from the City of Salisbury water
intake as indicated on the 8 "/z by�11 section of the mine map received by the Land Quality
Section on April 12, 1999. This approval is contingent upon the stipulation that no dredging
activities shall take place within 1 b0 feet of any canoe/boat access ramp located on either fork
of the South Yadkin River.
April 27, 2011: This permit has been modified to clarify and revise the mine permit boundary
on the mine maps (including an addition of land to the western permit boundary), to revise the
erosion and sedimentation control 'measures onsite, and to provide for a new dredge access
location. These revisions resulted ',in a slight increase in permitted area to 24.88 acres and
disturbed area to 21.16 acres.
Expiration Date
This permit shall be effective from the date of its issuance until April 27, 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:
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
Water Quality Section, 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 an'd 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.

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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
NC 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 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 easterly side of the dredge, the operator shall wait to resume operations
until the river traffic passes. If the boater is headed towards the westerly 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 easterly side of the river (It should be noted
that even if river traffic dnes not enter the area immPrliatPlu r inctrPnm from, thin
pontoon supported pipeline, with the dredge idling and not pumping, the rubber pipe
connector sleeves between the rigid pipes collapse and a canoeist can easily
maneuver over the pipeline and avoid any dangerous situation).
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 an hor systerii set in tr±e rErfddie of tyre 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 (Any river traffic that approaches
the anchor would also be approaching the dredge. River traffic should, therefore be
aware of the larger dredge and steer clear of the dredge, thus avoiding 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 (This is the time when the current is at
its fastest pace and when small craft in the river are least maneuverable).
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F. When the dredge is moored at the side of the river, all piping and portions of the
dredge shall be tied off Isuch that no part of the dredge or equipment extends out
from the bank by more than twenty feet (as trees overhang the river and extend out
into the river in numerous places along the bank of the river, this matter of tying off
the dredge should pose no interference to river traffic).
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
watarrni im-P in nrnyimity fn tha nfrarfari lanri
B. All surface water runoff from the processing, stockpile and wastepiles at the site
shall be diverted to the existing sediment basins/pits or other appropriate erosion
and sedimentation control structures.
C. The existing boat ramp shall be stabilized with vegetation and rip-rap or large
pieces of concrete, such* 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 maps
last revised November 1,;2010 and received by the Land Quality Section on
February 9, 2011 and the'',supplemental information received by the Land Quality
Section on March 8, 2010, December 8, 2010, and February 9, 2011.
E. All sediment basins and ponds shall be cleaned out when one-half full of sediment.
8. A. Riparian vegetation shall be maintained to stabilize any exposed riverbanks to
prevent continued erosion of said riverbanks.
B. Sufficient buffer shall be maintained along the riverbank at the site, 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. Buffers shall be maintained as shown on Sheet M1 received by the Land Quality
Section on February 9, 2011.
D. Dredging activities shall be!limited to the areas outlined on the mine maps last
revised on November 1, 2010 and received by the Land Quality Section on
February 9, 2011.
E. This approval is contingent upon the stipulation that no dredging activities shall
take place within 100 feet of any canoe/boat access ramp located on either South
Yadkin River or the main Yadkin River.

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F. No mining shall occur in the Yadkin River between May 1 and July 15 to protect
fish spawning activities in the mining area.
9. If evidence supporting stream alteration and adverse impacts on federal or state
threatened or endangered species is found at this site, the Department of Environment
and Natural Resources reserves the right to require permit modifications and also the
right to revoke the mining permit, if necessary.
10. 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
1F steel reinforced air 11
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.

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11. 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.
12. The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxiousior foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
13. Sufficient buffer shall be maintained between any mining activity and any mining permit
boundary, right-of-way, bridge abatement, or other source to protect adjacent property.
14. An annual Reclamation Report shall be submitted on a form supplied by the Department
hw Fahn inns 1 of canrh wcknr i mfil rcarrlmmnfinn is rmmniatarl nnri nnnrnvarl
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15. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $35,200.00
assignment of savings account (of which $8,700.00 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.
16. 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.
17. 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.

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APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
o�� the continuing validity d «idt 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 distudUed 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.

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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.
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C. The processing, stockpile, and waste areas shall be graded and stabilized.
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D. The access road shall be graded and stabilized.
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E. All sediment basins shall be backfilled, leveled and stabilized.
F. No contaminants shali,be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Condition Nos. 10A
through D.
f; Them nffarfad land challi,him nraricr# fn nrovanf fhc rrnIIortinn of nnviniis nrfniLI
water.
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as indicated by Blue
Ridge Environmental Consultants, P.A. on Sheet R1 of the mine maps received by the
Land Quality Section on February 9, 2011.
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).
In addition, the following wildlife beneficial plant species shall be added to the seeding
mixture where feasible at this site.
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Early spring: Switchgrass 8 Ibs/acre
VA 70 shrub lespedeza 20 Ibs/acre
Fall: Orchard grass 18 Ibs/acre
White clover, 5 Ibs/acre
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 perm ittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to'�enhance post-project wildlife habitat at the site.
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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 April 1, 1983 to Rea Construction Company, contemporaneously
transferred to Quality Sand Company and modified July 28, 1989, contemporaneously
transferred to American Concrete Products, Inc. and renewed October 29, 1993,
transferred in its entirety to Carolina Sand Company, Inc. March 12, 1999, modified April
26, 1999, and renewed January 31 , 2005, is hereby renewed and modified this 27th day of
April, 2011 pursuant to G.S. 74-52.
FU
By:
J ames D. Simons, Director
Division of Land Resources
By Authority of the Secretary
of the Dep^aVtment of �i vlronmenL- and IVatural Resources

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NOTICE OF ISSUANCE OF
I MINING PERMIT
You have previously expressed an Interest and/or are listed as an adjoining landowner
in the application to modify this mining permit filed by Carolina Sand, Inc. to conduct mining
activities off Hannah Ferry Road (SR 1926) in Rowan County. The mining permit (no. 80-17)
was modified on April 27, 2011. '
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. 150E-23 of the Administrative Procedure Act (APA).
If you believe that you are an aggrieved party within the meaning of the APA and NC
General Statute 74-61, a petition for a contested case must be filed in the Office of
Administrative Hearings within thi!:� (30) 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 15013-23. File the original petition and one copy with the Office of
Administrative Hearings, 6714 Mail!Service Center, Raleigh, NC 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 Ms. Mary Penny Thompson, Registered Agent and General Counsel,
Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC
27699-1601.
f
J es D imons
Director
Division of Land Resources
Nnrth ('arnlinn r)anartmant of
Environment and Natural
' Resources
This notice was mailed on (�
re a
Mining Program Secretary
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