20240618_New_54-73-signed

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ROY COOPER
Governor S
ELIZABETH S.BISER
Secretary
WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA
Interim Director Environmental Quality
June 18, 2024
Ernie Everett
Ernie Everett Site Prep.
1120 W New Bern Road
Kinston,NC 28504
RE: Delaney Pit
Mining Permit No.54-73
Lenoir County
Neuse River Basin
Dear Mr. Everett:
The application for a mining permit for the above referenced mine site has been found to meet the requirements of
N.C.G.S. 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.54-73 were based primarily upon information supplied in the application with
conditions added as necessary to ensure compliance with The Mining Act of 1971. N.C.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 39.76 acres and the amount of land you are approved to disturb
is 39.08 acres.
Please review the permit and contact Corey Clayton, Assistant State Mining Engineer, at [phone] of any
objection or questions concerning the terms of the permit.
Sincerely,
Adam Parr, PE
State Mining Engineer
AP/cc
Enclosures: Perin it#54-73
cc: Samir Dumpor,PE
Mr. Beau Thomas-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 11612 Mail Service Center I Raleigh,North Carolina 27699-1612
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 N.C.G.S. §74-46 through 68,"The
Mining Act of 1971,"Mining Permit Rule I SA NCAC 05B,and other
applicable laws,rules,and regulations
Permission is hereby granted to:
Ernie Everett Site Prep.
Delaney Mine
Lenoir County- Permit No. 54-73
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. N.C.G.S. §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,N.C.G.S. §74-49.
II. Issuance and Modifications. N.C.G.S. §74-52.
June 18, 2024: This permit has been issued to Ernie Everett Site Prep for the operation of a Sand Mine.
Mining activities shall occur as indicated in the application and mine maps dated March 23, 2024. The
permitted area is 39.76 acres and the area approved to disturb is 39.08 acres.
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 N.C.G.S. §74-51 and N.C.G.S. §74-52 still
apply for new,transferred,and modified mining permits.
III. Operatinp- Conditions. N.C.G.S. V4-51.
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:
1. Wastewater and Quarry 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.

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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.
C. No offsite discharge of mine dewatering shall occur at this site.
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 mitigate dust leaving the permitted area.
3. Buffer Zones.
A. Sufficient buffer,as indicated on the Mine Maps dated March 23,2024,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. No dewatering activities shall occur at this site.
D. Mining activities, including the installation and maintenance of the approved erosion and
sediment control measures, shall occur as indicated in the application and on the Mine
Maps dated March 23,2024.
5. Permanently Marked Boundaries.
A. All mining permit boundaries(39.76 acres)shall be permanently marked at the site on 100-
foot intervals unless the line of sight allows for larger spacing intervals.
B. Before and during site development, limits of disturbance, for any active disturbed areas,
as indicated on the Mine Maps dated March 23,2024, shall be marked at the site on 100-
foot intervals unless the line of sight allows for larger spacing intervals.
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

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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. Blasting
No blasting activities shall occur at this site.
9. 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.
10. Buffer Between Mining Permit Boundaries and/or Right-of-wad
Sufficient buffer,as indicated on the mine map dated March 23,2024,shall be maintained between
any excavation and any mining permit boundary to protect adjacent property.
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 N.C.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 Energy, Mineral and Land Resources
considers the following materials to be "mining refuse" (in addition to those specifically
listed under N.C.G.S. §74-49(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:

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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.
IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S. §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. N.C.G.S. §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. N.C.G.S. §74-54.
The security,which was posted pursuant to N.C.G.S.§74-54 in the form of a$31,500.00 Irrevocable Letter
of Credit, 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. N.C.G.S. §70-3.
1. Minimum Requirements.
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. §70-3, "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. N.C.G.S.
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 N.C.G.S. §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.

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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 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. 111.1 LA
through III.1 LID.
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 following:
Permanent Seeding Specifications
Dates Species Rate,Lbs./Acre
February 15-April 1 Kobe Lespedeza 10
Bahiagrass 50
Redtop 1
Winter rye(grain) 15
April l-July 31 Common Bermuda 50

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August 1-October 25 Lespedeza(unscarified) 30
German millet 40
October 25- February 15 Rye(grain-temporary) 120
Soil Amendments
Lime 2000 lbs./acre or follow recommendations from a soil test.
Fertilizer 1000 lbs./acre 8-8-8 or 10-10-10 or follow recommendations from a soil test.
Mulch All seeded areas shall be mulched using small grain straw at a rate of 2000
lbs./acre and anchored appropriately.
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.
IX. Issuance and Modification Summary. N.C.G.S. M-51 and §74-52.
This permit is hereby issued this 18th day of June 2024 pursuant to N.C.G.S. §74-51.
By:—,-
Adam Parr, PE, State Mining Engineer
Division of Energy, Mineral,and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality

NOTICE REGARDING THE RIGHT TO CONTEST A MINING PERMIT DECISION
Right of Persons Aggrieved to File a Contested Case for the Issuance of,or Modification to,a Mining Permit:
Pursuant to NCGS 74-61 and NCGS 150B,Article 3,a party or person aggrieved may file a contested case by filing
a petition under NCGS 150B-23 in the Office of Administrative Hearings within 30 days after the Division makes
the decision and posts the decision on a publicly available website.
General Filing Instructions: A petition for contested case hearing must be in the form of a written petition,
conforming to NCGS 15013-23, and filed with the Office of Administrative Hearings, 1711 New Hope Church
Road, Raleigh NC, 27609, along with a fee in an amount provided in NCGS 15013-23.2. A petition for contested
case hearing form may be obtained upon request from the Office of Administrative Hearings or on its website at
https://www.oah.nc.gov/hearings-division/filing/hearing-forms. Additional specific instructions for filing a
petition are set forth at 26 NCAC Chapter 03.
Service Instructions: A party filing a contested case is required to serve a copy of the petition, by any means
authorized under 26 NCAC 03 .0102,on the process agent for the Department of Environmental Quality:
William F. Lane,General Counsel
North Carolina Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
If the party filing the petition is a person aggrieved other than the permittee or permit applicant,the party must also
serve the permittee in accordance with NCGS 15013-23(a).
k k k
Be aware that other rules or laws may apply to the filing of a petition for a contested case. Additional information
is available at https://www.oah.nc.eov/hearings-division/hearing-urocess/filing-contested-case. Please contact the
Office of Administrative Hearings at(984) 236-1850 or oah.nostmaster(a)oah.nc.gov with all questions regarding
the filing fee and/or the details of the filing process.