42-01 Permit 20210211

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ROY COOPER
Governor
MICHAEL S. REGAN �a ,
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
February 11,2021
Daniel Britt
Carolina East Enterprises
PO Box 426
Red Oak,NC 27868
RE: Ita Mine
Mining Permit No. 42-01
Halifax County
Tar-Pamlico River Basin
Dear Britt:
Your request to have the above referenced mining permit, issued to Nash Brick Company, has been approved and
is transferred in its entirety to you. 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.
Please review the permit carefully and notify this office of any objections or questions you may have concerning
the terms of the permit. It is your responsibility to fully understand and comply with the conditions of your mining
permit.
As a reminder,your permitted acreage at this site is 492.00 acres and the amount of land you are approved to disturb
is 53.90 acres.
As a reminder, your permitted acreage and affected acreage for this site are, as indicated in the application and on
the Mine Layout map last revised October 12,2020.
Again, if you should have any questions on this matter please contact me at(919) 707-9228.
Sincerely,
David Miller, PE
State Mining Engineer
DM/bh
cc: Bill Denton, PE, Raleigh Regional Supervisor
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
wo•rvp�w

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ROY COOPER
Governor
MICHAEL S. REGAN oywy,
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
February 11,2021
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7016 2140 0000 4368 3476
Jeff Wyers
Nash Brick Company
PO Box 560
Red Oak,NC 27868
Re: Ita Mine
Mining Permit No.42-01
Halifax County
Tar-Pamlico River Basin
Dear Mr. Wyers:
Your request to have Mining Permit No. 42-01 transferred in its entirety from your company to Carolina East
Enterprises has been approved. As we have received the 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$311,700.00 Irrevocable Standby Letter of Credit to you for your disposal.
Thank you for your cooperation in this matter.
Sincerely,
.0 � �
David Miller, PE
State Mining Engineer
DM/bh
Enclosures: Irrevocable Standby Letter of Credit,#9512730490-00003
cc: Bill Denton, PE, Regional Engineer
Mr. William Gerringer-DOL, Mine and Quarry Bureau
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 27699-1612
919.707.9200

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY,MINERALAND 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:
Carolina East Enterprises, Inc.
Ita Mine
Halifax County—Permit No.42-01
for the operation of a
Clay 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
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.
I. Definitions. GS §74-49.
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,GS §74-49.
H. Modifications. GS ,74-52.
April 14, 1992: This permit has been modified to allow stockpiling of petroleum contaminated soils in
accordance with the Soils Containment and Treatment at Brick or Asphalt Production Facilities Permit No.
WQ0005181 and sheets 2&3 of the Petroleum Contaminated Soils Storage Plan dated May 28, 1991.
March 8. 1996: This permit has been modified to allow mining on an additional 2 acres of adjoining land
as indicated on the modification request dated March 2, 1994,additional information dated May 27, 1994,
and mine map received by the Land Quality Section on March 4, 1994.
September 8, 1999: This permit has been modified to incorporate the Powells Creek Mine(Permit No.42-
13) into the existing permit and to increase the affected area to 80.78 acres as on the mine map, Sheets 1
through 3 dated April 1, 1999.
December 17, 2004: This permit has been modified to increase the affected acreage at this site to 91.28
acres. The modification includes the addition of 10.5 acres of affected land for mining within the permit
boundary.
August 8. 2005: This permit has been modified to include the addition of a new clay storage building, a
new employee break room, a new septic tank and lateral field system and a 1.94 acre Land Clearing and
Inert Debris Landfill as indicated on the General Facility Layout Map dated May 16,2005.

Page 3
October 8,2014: This permit was renewed.
February 11,2021:The permit was transferred to Carolina East Enterprises, Inc.The permit was modified
to reflect a partial released. The allowable disturbed area was reduced from 91.28 acres to 53.90 acres as
on the mine map, Sheets 1 through 3 dated October 12,2020.
III. Operating Conditions. $7_ 4=51_
1. Wastewater and Quarry Dewaterin&
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.
2. Air Qualily 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. Mining activities, including the installation and maintenance of all associated erosion and
sediment control measures shall occur as indicated on the mine map last received by the
Land Quality Section on October 26,2020.
C. Silt fence shall be installed and maintained along the toe of all proposed fill slopes for
earthen berms to be constructed at the site until the berms have been stabilized with
permanent ground cover.

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5. Permanently Marked Boundaries.
All affected acreage boundaries (53.9 acres) shall be permanently marked at the site on 100-foot
intervals unless the line of sight allows for larger spacing intervals.
b. 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 50 foot unexcavated)shall be maintained between any excavation and
any mining permit boundary to protect adjacent property.
10. Highwall Barrier
A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the
perimeter of any highwall.
11. 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 §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 Energy, Mineral and Land Resources
considers the following materials to be "mining refuse" (in addition to those specifically
listed under GS §74-49(14)of the N.C. Mining Act of 1971):
i. on-site generated land clearing debris
ii. conveyor belts

Page 5
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.
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.
E. Stockpiling of only petroleum contaminated soils shall be conducted in accordance with
Permit Nos.SR0500073 and No.SR-PRS-003 issued by the North Carolina Environmental
Management Commission.
F. The disposal of land clearing and inert debris shall be conducted as indicated on the LCID
Details Sheet dated May 16, 2005 and in accordance with 15A NCAC 13B.0563(2) and
any other rules promulgated by the Division of Waste Management.
IV. Annual Reclamation Report and Annual Operating Fee Submittal. GS §74-55.
An Annual Reclamation Report and Annual Operating Fee of$400.00 shall be submitted to the Department
by September 1 of each year until reclamation is completed and approved for release by the Department.
V. Pryor Approval Required for Plan Modification. GS ,74-52.
The operator shall notify the Department in writing of the desire to delete,modify or otherwise change any
part of the mining,reclamation,or erosion/sediment control plan contained in the approved application for
a mining permit or any approved revision to it. Approval to implement such changes must be obtained
from the Department prior to on-site implementation of the revisions.
VI. Bonding. GS §74-54.
The security,which was posted pursuant to GS §74-54 in the form of a$*XXXX,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 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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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.
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 any other
disturbed areas as indicated on the Reclamation Plan Map dated February 27,2004.
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. 10 A
through D.
V. The affected land shall be graded to prevent the collection of noxious or foul water.

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3. Reveaetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the Vegetation Plan on
the Reclamation Plan Sheet last revised November 25, 2019 and approved by Mr. T. Patrick
Shillington, PE, on November 25,2019.
Whenever possible, disturbed areas should be vegetated with native warn 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.
IX. Issuance and Modification Summary. GS §74-52.
This permit, issued August 14, 1972, renewed September 2, 1982, renewed and modified April 14, 1992
modified March 8, 1996, and September 8, 1999, renewed June 4, 2004 and modified December 17, 2004
and August 8,2005, renewed October 8, 2014, and modified and transferred on this *th day of December,
2020 pursuant to G.S. 74-52.
By:
Brian Wrenn, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality