10-35_1_Redacted

North Carolina Department of Environment and Natural Resources,
Division of Energy, Mineral, and Land Resources, Land Quality Section
MINE INSPECTION REPORT
® PER-NUTTED MINE SITE ❑ UNTERMITTED MINE SITE
1. MINE NAIVE: Simmons Mine 2. MINE LOCATION: Tryon Rd NW
3. COUNTY: Brunswick 4. RIVER BASIN: Lumber 5. CASE:
6. OPERATOR: Steve Simmons
7. ADDRESS: 4810 New Britton LooD Rd Ash NC 28420
8. MINING PERMIT 0: 10-35 M N/A 9. PERMIT EXPIRATION DATE: 05/16/2018 ❑ N/A
10. PERSON(S) CONTACTED AT SITE: none-no one on site
11. PICTURES? ® Yes ❑ No TAKEN BY: Creighton Brown ^_
12. TYPE OF INSPECTION: `
❑ A. Initial Inspection (Unpermitted Mine Sites) RECEIVED
1. Size of affected land: ac. (attach sketch map)
2. How was this area measured? Measured by: _
® B. Routine Inspection (Permitted Mine Sites) 2��8
❑C. Follow-up Inspection LAND QUALITY
13. Date of last inspection: 02/20/2012 MINING PROGRAM
14. Any mining since that date? ® Yes ❑ No If yes,cite evidence of such mining activity: new stockpiles
and disturbed areas within pit. _ T`
15. Was mine operating at time of inspection? ❑ Yes Z No If yes, explain:
16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ❑ No ❑ N/A If
no, explain: OC 1,A)Any wastewater processing,or mine dewatering,shall be in accordance with the permitting
requirements and rule promulgated by the N.C. Environmental Management Commission.
OC 4.A) Adequate mechanical barriers: install construction entrance, silt fence on south side of property.
OC 4. Q)No mine dewatering activities shall occur at this site.
OC. 5)All mining permit boundaries shall be permanently marked at the site on 100-ft intervals.
OC. 6 The angle of raded slopes and fills should be 3:1
17. Is the mine in compliance with the Reclamation Conditions of the Permit? ElYes ElNo ❑ NIA If
no, explain: RC 1.) Provide vegetation on all bare and idle slopes.
RC 2. B Slopes should be maintained to a 3.1 slope.-
RC 4.)Reclamation should occur simultaneously with mining operations to the extent feasible.
18. Is there any off-site damage? A. ® Yes B. ❑ No C. ❑ None observed
If A, describe the type and severity of the damage: Moderate amount of offsite sediment observed where
dewatering pump set up on southwest corner.
If B or C, is there potential for offsite damage? ® Yes ❑ No Explain: Dewatering pump on site
19. Corrective measures needed-and/or taken: DewateringWshould cease immediately. If offsite_dewateriny-is s to .
continue then a NIPDES NCG02 Permit and modification to the mine permit will be required. Offshe sediment needs
to be removed and disturbed areas stabilized. Install construction entrance and silt fence to prevent sediment from
leaving the site. Refuse wood debris should not be used to backfill slopes. Please remove debris. Demark mine
boundaries-eve 100-ft. Reclaim slopes to 3:1 slope and vegetate where mining has ceased.
20. Other recommendations and comments: Mark mine boundary_It appears areas have been disturbed and
stockpiles are located outside boundary, modify mining permit if this is so.
21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed ❑ NIA
2016 ARR has not been received by this office, if You have not submitted this report please do so immediately
22. Follow-up inspection needed? ® Yes ❑ No Proposed date 02/28/2017
23. No. of additional pages of Inspection Report 0 24. Copy of Report sent to operator 12/28/2017
INSPECTED BY: Creighton Brown - DATE 12/19/2017
Telephone No: [phone]
Copy to file Copy to operator Copy to Mining Specialist

North Carolina Department of Environment and Natural Resources,
Division of Energy, Mineral, and Land Resources, Land Quality Section
MINE INSPECTION REPORT
® PERMITTED MINE SITE ❑ LTNTERMITTED MINE SITE
1. MLNE NAME: Simmons Mine 2. ML!`E LOCATION: Tryon Rd NW
3. COUNTY: Brunswick 4. RIVER BASIN: Lumber 5. CASE
6. OPERATOR: Steve Simmons
7. ADDRESS: 4810 New Britton Loo Rd Ash NC 28420
8. MINING PERMIT#: 10-35 NIA 9. PERMIT EXPIRATION DATE: ® N/A
10. PERSON(S) CONTACTED AT SITE:
11. PICTURES? ® Yes ❑ No TAKEN BY: Digital Camera
12. TYPE OF INSPECTION:
❑ A. Initial Inspection (Unpermitted Mine Sites) RECEIVE®
1. Size of affected land: ac. (attach sketch map)
2. How was this area measured? Measured by: I A 29 2019
® B. Routine Inspection (Permitted Mine Sites)
F]C. Follow-up Inspection LAND QUALITY
13. Date of last inspection: 3/13/2018 MINING PROGRAM
14. Any mining since that date? ® Yes ❑ No If yes,cite evidence of such mining activity: new stock i 1es
and disturbed areas within the pit
15. Was mine operating at time of inspection? ❑ Yes ® No If yes, explain:
16. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No ❑ N/A If
no, explain:
17. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No ❑ N/A If
no, explain:
IS. Is there any off-site damage? A. ❑ Yes B. ❑ No C. ® None observed
If A, describe the type and severity of the damage:
If B or C,is there potential for offsite damage? ❑ Yes. ® No Explain:
19. Corrective measures needed and/or taken:
20. Other recommendations and comments: Be sure to continue with reclamation and slope stabilization as
mining,continues.
21. Is the Annual Reclamation Report k/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed ❑ N/A
Please submit your 2017 ARR to Raleigh Central Office
22. Follow-up inspection needed? ❑ Yes Z No Proposed date
23. No. of additional pages of Inspection Report 0 24. Copy of Report sent to operator 1/23/19
INSPECTED BY: Connor Musial'__�_/" "_:" .r DATE 01/16/19
Telephone No: [phone]
Copy to file Copy to operator Copy to Mining Specialist

x ROY COOPER
Governor '
MICHAEL S. REGAN
Secretary
Energy.Mineral& TRACY DAVIS
Land Resources Director
ENVIRONMENTAL QUALITY
December 1, 2017
Steve Simmons
Steve Simmons
4810 New Britton Loop Nw
Ash, NC 28420
RE: Mining Permit No. 10-35
Simmons Mine
Brunswick County
Dear Steve Simmons:
This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the
permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4,
2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site
or for the duration of the lease term. The"life of site" means the period From the initial receipt of a permit for the operation
until the mining operation terminates and the required reclamation is completed.
Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior
expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your
part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The
mine name and permit number on the permit document, and all existing operating and reclamation conditions contained
therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new,
transferred and modified mining permits.
In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining
permit operating fee of$400 per mining permit number. By statute, the initial payment of this annual $400 fee must be
submitted to this office by December 31, 2017—see the attached Invoice to remit the initial annual fee payment by this
deadline, Beginning in 2018, the$400 annual operating fee must be submitted by July 1 of each year with the required
Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a
$50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit.
Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any
adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action
unless you contact this office with a written request to have your bond reevaluated.
The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The
responsibility of compliance with any applicable zoning regulations remains with you.
Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy
Wehner, Assistant State Mining Specialist, or me at(919) 707-9220.
Sincerely,
William "Toby" Vinson, Jr., PE, CPM
Interim Director, DEMLR
State of North Carutna I Environmental Quality I Energy,Mineral arld Land Resources
512 M.Salisbury Street 1 1612 Mall Service Center I Rale[gh.North Carol'ma 27699-1612
919 707 92 00

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Simmons Mine 2. MINING PERMIT # 10-35
3. OPERATOR Steve Simmons 4. COUNTY Brunswick
5. ADDRESS 4810 New Britton Loop Road,Ash,NC 28420
6. PERMIT EXPIRATION DATE May�6.201 S 7. RIVER BASIN Lumber
8. Person(s) contacted at site none
9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ❑ Yes ® No
11. Date last inspected: 10/28/09 with NOD_ 12. Any mining since last inspection? ® Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No
If no, explain: OC 4A: Adequate mechanical barriers: install two construction entrances, install silt fence on
south side of property(or change grade to drain to pond).
OC 5: Mark boundaries of mine limits.
OC 6: The angle of graded slopes and fills should be 3:1
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ® No
If no,explain: RC #1: Provide vegetation on all bare and idle slopes.
RC 2B: Slopes should be maintained to a 3:1 slope.
Reclamation Minimum Standard: Reclamation should occur simultaneously with mining operations to the
extent feasible. You should be seeding on a continuous basis, especially considering the idle state of the mine.
15. Did any of the above deficiencies result in offshe damage? ® Yes ❑ No If yes, describe the
type and severity of the damage: Minor damage on south side of property.
16. Corrective measures needed and/or taken: See previous actions
17. Other recommendations and comments: The NOD issued 10/28/2009 had issues with waste onsite.
To me, you.have a LCID permit and is not within limits of the mine ( I don't think).
18. Is the Annual Reclamation Report+/- map accurate? ❑ Yes ® No (Explain) ❑ Not Reviewed
Submit an annual reclamation report immediately. Every year this should happen in January.
19. Follow-up inspection needed? ❑ Yes ®No Proposed date
20. No. of additional pages of Inspection Report 0 . 21. Copy of Report sent to operator 02/22/2012
INSPECTED BY: Brian Lambe DATE 02/20/2012
Telephone No: 910-796-7314
Copy to file Copy to operator Copy to Mining Specialist

North Carolina Department of Environment and Natural.Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT 75� 1
(PERMITTED MINE)1. MINE NAME Simmons Mine 2, MINING PERMIT '0-3
3. OPERATOR Steve Simmons 4. COUNTY Brunswick
5. ADDRESS 4810 New Britton Loop Road Ash,NC 28420
............._.._.-..- —
May 16,2018 ?
6. PERMIT EXPIRATION DATE -...-.- _17. RIVER BASIN Lumber
8. Person(s) contacted at site No one on site
9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ® Yes ❑No
11. Date last inspected: 2/24/2009 112. Any mining since last inspection? ® Yes ❑No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ®No
If no, explain: OC#3A: Sufficient buffer minimum 35 feet undisturbed shall be maintained between an
affected land an djoinin waterwayor wetland to prevent sedimentation of that waterwayor wetland
from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. If the
buffer has been disturbed, it must immediately be reestablished. OC#4A-:-Adequate mechanical barriers
including but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, ri rap pits, or
ditcheds shall be provided in the initial stages of any Iand 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. OC#5 All affected area boundaries (49.01 acres) shall-be permanently marked at the site on
100 foot intervals unless the line of sight_ allows for larger spacing intervals. OC#6 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, structures, or devices. 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
round cover, devices or structures sufficient to restrain such erosion. OC#8: Existing vegetation or vegetated
earthen berms shall be maintained between the mine and public thoroughfares wheneverpracti-cal to-screen the
operation from the public. OC#10A_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. OC#10B Mining refuse as 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 facili_ty_approved by
the Division Waste Management.No petroleum products, acids solvents or their storage containers or an
other material that may be considered hazardous shall be disposed of within the permitted area.
14. is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ®No
If no, explain: RC#1: 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.
RC#2B: The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter below
the water line. RC#2C: Any areas used for wastepiles, screening, stockpiling or other processing shall be
leveled and smoothed. RC#2D: 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.
15. Did any of the above deficiencies result in offsite damage? ❑ Yes ®No

If yes,describe the type and severity of the damage:
16. Corrective measures needed and/or taken: All slopes must be graded to a 3 horizontal 1 vertical angle.
All slopes and exposed soil areas must be stabilized by mechanical or vegetative means. All wastepiles,
screening, stockpiles and other processing shall be leveled and smoothed. All debris stored on site shall be in
accordance with NCDENR LC1D permit.
17. Other recommendations and comments: On site disposal of asphalt was observed during the
inspection.
18. Is the Annual Reclamation Report+l- map accurate? ❑ Yes ❑ No(Explain) ® Not Reviewed
19. Follow-up inspection needed? ® Yes ❑ No Proposed date F.2/24/2010------ -
20. No. of additional pages of Inspection Re ort'0. 21. Copy of Report sent to operator 10/28/2009
Nicholas Mills DATE ...2120/2009
INSPECTED BY: .. _._...... __...._.-
Telephone No: 910-796-7230
Copy to file Copy to operator Copy to Mining Specialist

'A
A5WA
NCDENR
North Carolina Department Of Environment and Natural Resources
Division of Land Resources
James D.Simons, PG, PE Land Quality Section Beverly Eaves Perdue,Governor
Director and State Geologist Dee Freeman, Secretary
May 11, 2009
CERTIFIED MAIL 70070220000082233758
RETURN RECEIPT REQUESTED
Mr. Steve Simmons
4810 New Britton Loop Road
Ash, North Carolina 28420
Re: NOTICE OF DEFICIENCY
Simmons Mine
#10-35
Brunswick County
Dear Mr. Simmons:
On May 11, 2009, an inspection of the subject mine was performed by Nicholas Mills of this
office (copy of inspection report enclosed.) As you will note, several deficiencies were observed
that require your prompt attention.
The deficiencies discovered and the necessary corrective actions are as follows:
1. OC#3A: Sufficient buffer (minimum 35 feet 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. If the buffer has been disturbed, it must immediately be reestablished.
Undisturbed buffer(minimum 351) must be restored and remain undisturbed.
2. OC#4A: Adequate mechanical barriers including but not limited to diversions, earthen dikes,
silt check dams, silt 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. Adequate mechanical barriers must be Installed in accordance with the
approved mining plan.
3. OC#413 All drainage from the affected areas around the mine excavation shall be diverted
internal to said excavation or into the sediment basin. Install sediment basin indicated on the
approved mining plan.
4. OC#4D No mine dewatering activities shall occur at this site. All dewatering activities
must cease immediately.
F4AFMAU910-HO-2004
EIVED
gWilmington Regional Office
127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3545 Phone: [phone]W SECTION

5. OC#5 All affected area boundaries (7.0 acres) shall be permanently marked at the site on y
100 foot intervals unless the line of sight allows for larger spacing intervals. Mark all mining
boundaries clear and visible.
6. OC#6 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, structures, or devices.
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. Regrade slopes to an angle that can
sustain adequate vegetative cover.
7. OC#8: Existing vegetation or vegetated earthen berms shall be maintained between the
mine and public thoroughfares whenever practical to screen the operation from the public.
Establish adequate vegetative cover on all berms used for screening.
8. OC#9: Sufficient buffer(minimum of 35 feet undisturbed) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property. Restore buffer
between mining excavation and mining permit boundary.
9. OC#10A 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. Solid waste
disposed of on site shall be removed.
10. OC#11 An annual reclamation report shall be submitted on a form supplied by the
Department by February 1 of each year until reclamation is completed and approved.
Submit an annual reclamation report by February 1" of each year.
If the previously described deficiencies are not corrected within 30 days following your receipt of
this Notice, this matter will be referred to the Director, Division of Land Resources, Department
of Environment and Natural Resources, for the issuance of an official Notice of Violation in an
effort to secure compliance at the site.
Please do no hesitate to contact Nicholas Mills or me at [phone] regarding any
questions you may have about this matter.
Sincerely,
Z�f— "�
Daniel Sams, P.E., M. E.
Regional Engineer
Land Quality Section
Enclosure: Mine Inspection Report
cc: State Mining Specialist
.- r

r�
c�
North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE .INSPECTION REPORT
(PERMITTED MINE)
1, MINE NAME .._Simmons_Mine 2. MINING PERMIT #
3. OPERATOR Steve Simmons !4. COUNTY I . Brunswick
4810 New Britton Loop Road Ash,NC 28420
5. ADDRESS _
May 16,2018 E Lumber
6. PERMIT EXPIRATION DATE ..._ _-_,_..,...w 7. RIVER BASIN ...w,.w.
8. Person(s) contacted at site No one on site
9. Was mine operating at�t"ime of inspection? ® Yes ❑ No 10. Pictures? ® Yes ❑No
f
11. Date Iasi inspected: _ ''w08 . .. . `12. Any mining since last inspection? ® Yes ❑No
13. Is the mine In compliance with the Operating Conditions of the Permit? ❑ Yes ®No
If no, explain: OC#3A: Sufficient buffer minimum 35 feet undisturbed I shall be maintained between an
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 integfity of the natural watercourse or wetland. If the
buffer has been disturbed, it must immediately be reestablished. OC#4A: Adequate mechanical barriers
including but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, rip rag 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. OC#4B_All_drainage from the affected areas around the mine excavation shall be diverted
internal to said excavation or into the sediment basin. OC#4D No mine dewatering activities shall occur at this
site. OC#5 All affected area boundaries 7.0 acres shall be ermanentl marked at the site on 100 foot
intervals unless the line of sight allows for larger spacing intervals. OC#6 The angle for graded slopes and
fil
ls be_n_a_greater_than-the angle which can be retained by vegetative cover or other adequate erosion
,.._
control measures, structures, or devices. 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 12rovided with round
cover, devices or structures sufficient to restrain such erosion. OC#8: Existing vegetation or vegetated earthen
berms shall_be maintained_between the mine and public_thoroughfares whenever practical to screen the
operation from the public. OC#9:_Sufficient buffer(minimum of 35 foot undisturbed) shall be maintained
between any excavation and any mining ermit boundary to protect adjacent property. OC#IOA 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 Manag_ement_and the Land Quality Section , Department of
Environment and Natural Resources. The method of disposal shall be consistent with the approved
reclamation plan. OC#11 An annual reclamation report shall be submitted on a form supplied by the
Department by February, 1 of each year until_reclamation is completed and approved.
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ® No
If no, explain: RC#1: 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.
RC#2B: The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter below
the water line. RC#2C: Any areas used for wastepiles, screening, stockpiling or other processing shall be
leveled and smoothed. RC#2D No contaminants shall be permanently disposed of at the mine site. On site
disposal of waste shall be in accordance with Operating Condition Nos. 10A through E.

w
15. Did any of the above deficiencies result in offsite damage? ® Yes ❑ No
7�
If yes, describe the type and severity of the damage: Severe off site sedimentation as a result of mine
dewatering and failure to follow approved mining plan(installation of sediment basin).
16. Corrective measures needed and/or taken: 1. Mine dewatering activities must cease immediately. 2.
35' undisturbed buffer must be restored. 3. Adequate mechanical barriers must be installed to prevent
sediment from discharging onto adjacent surface areas, lakes,wetlands and/or natural watercourses. 4. All
mining boundaries must be marked clearly and visible. 5. Angle of graded slopes shall be graded to an angle
able to sustain vegetative cover. 6. All solid waste disposed of on site should be removed. 7. An annual
reclamation report must be filed with NCDENR. 8. Install sediment basin in accordance with approved mining
plan. 9. All berms used for screening must be stabilized by adequate vegetative cover.
17. Other recommendations and comments: All stock piles must be leveled and graded with adequate
slopes for stable vegetation to develop. All slopes must be stabilized with mechanical or vegetative means.
Mining excavation limits on the map are not clearly marked on site. No dewatering of the mine is permitted.
Sediment basin on approved plan has not been installed. It appears that severe off site sedimentation has
occurred due to mine dewatering.
18. Is the Annual Reclamation Report+/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed
19. Follow-up Inspection needed? ® Yes ❑No Proposed date . 6/5/2009
2/26/2009
20. No.of additional pages of Inspection Report 0. 21. Copy of Report sent to operator
INSPECTED BY: _Nicholas Mills &Trent James DATE _ _5/5/2009 _.
Telephone No: 910-796-7230
Copy to file Copy to operator Copy to Mining Specialist

ALIT:-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
May 16, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7006 2150 0005 7360 6464
Mr. Steve Simmons
4810 New Britton Loop Road
Ash, North Carolina 28420
RE: Permit No, 10-35
Simmons Mine
Brunswick County
Lumber River Basin
Dear Mr. Simmons:
Your application for renewal, modification, and transfer of the above referenced mining
permit has been approved. The modification allows the disposal of land clearing and inert
debris within two acres of the mine excavation area as per the approval letter dated October
20, 2004 from Division of Waste Management as indicated on the Mining Plan dated March 29,
2005. As we have received the required surety in an amount sufficient to cove'f the present
operation, I am enclosing the transferred, modified, and renewed mining permit. The new
expiration date is May 16, 2018.
The conditions in the renewal and modification were based primarily upon the initial
application. Modifications were made as indicated by the renewal and modification request
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. Operating Condition Nos. 1 B, 2A, 3B, 4C, 4D, 10 A-E, and 13 and
Reclamation Condition Nos. 2D and 3.
As a reminder, your permitted acreage at this site is 7.0 acres and the amount of land
you are approved to disturb is 5.9 acres.
As we have received the required surety in an amount sufficient to cover the present
operation, Simmons Construction Company is hereby released from further responsibility for
this site with respect to The Mining Act of 1971. Therefore, I am returning the previously held
$7,800.00 Assignment of Savings Account No 0422-037285 to you for your disposal.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 1 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper

Certified Mail
Mr. Simmons
Page Two
Please review the transferred, modified and renewed permit and contact Ms. Judy
Wehner, Assistant State Mining Specialist, at [phone] should you have any questions
concerning this matter.
Sincerely,
/o;yde. WilXliams, PG, CPG, CPESC
State Mining Specialist
Land Quality Section
FRW/jw
Enclosures
cc: Mr. Dan Sams, PE
Ms. Shannon Deaton-WRC, w/enclosures
Mr. Bradley Bennett-DWQ, wlenclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures

DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION 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
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Steve Simmons
Simmons Mine
Brunswick County - Permit No. 10-35
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.
MINING PERMIT EXPIRATION DATE: May 16, 2018

Page 2
In accordance with the application for this miming 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 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.
Definitions
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.
Modifications
May 16, 2008: This permit has been modified to allow the disposal of land clearing and inert
debris within two acres of the mine excavation area as per the approval letter dated October
20, 2004 from Division of Waste Management as indicated on the Mining Plan dated March 29,
2005.
Expiration Date
This permit shall be effective from the date of its issuance until May 16, 2018.

Page 3
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
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 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. A. Sufficient buffer (minimum 35 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.
C. The disturbance of any wetlands shall be in accordance with the US Army Corps
of Engineers Nationwide Permit No. 26 (Headwaters and Isolated Water) Action
1D. 199200955 dated February 5, 1992 and any subsequent approvals issued by
said agency.
4. 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, wetland
or natural watercourse in proximity to the affected land.
B. All drainage from the affected areas around the mine excavation shall be diverted
internal to said excavation or into the sediment basin.

Page 4
C. Mining activities shall be conducted as indicated on the Mine Map dated March
29, 2005 and supplemental information received by the Land Quality Section on
March 31, 2005, May 20, 2005 and May 9, 2008.
D. No mine dewatering activities shall occur at this site.
5. All mining permit boundaries (7.0 acres) shall be permanently marked at the site on
100-foot intervals unless the line of sight allows for larger spacing intervals.
6. 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 siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to restrain such erosion. .
7. 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. 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. Sufficient buffer (minimum of 35 foot undisturbed) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
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 as 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

Page 5
5. steel reinforced air hoses
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.
E. Any C & D landfilling activities conducted within the mining permit boundary shall
be conducted in accordance with the statutes, regulations and permit
requirements promulgated and enforced by the Division of Waste Management
and any applicable local government body
11. An Annual Reclamation Report shall be submitted on a form supplied by the
Department by February 1 of each year until reclamation is completed and approved.
12. 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.
13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $13,600.00
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.
14. 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.

Page 6
APPROVED RECLAMATION PLAN
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.
The approved plan provides:
Minimum Standards As Provided gy 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 are 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 restore the mine excavation to a lake area and to grade and revegetate the
adjacent disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.

Page 7
B. 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.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall
be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Condition Nos. 10A
through E.
E. 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 1 - July 31 Common Bermuda 50
August 1 - October 25 Lespedeza (unscarified) 30
German millet 40
October 25 - February 15 Rye (grain- temporary) 120
Soil Amendments
Lime: 2000 ibs/acre or follow recommendations from a soil test.
Fertilizer: 1000 Ibs/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 Ibs/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.

Page 8
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.
This permit, issued to Simmons Construction Company December 8, 1994, is hereby
renewed and transferred in its entirety to Steve Simmons this 16th day of May, 2008
pursuant to G.S. 74- 51 and 52.
By:
James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

a
a �
�Y
NCDENR
North-Carolir}a-Department of Environment and Natural Resources-----
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
February 17, 2005
CERTIFIED MAIL 7004 2510 0001 8279 9199
RETURN RECEIPT REQUESTED
Steve Simmons
Simmons Construction Company
Route 1, Box 383A
Ash, NC 28420
RE: Expired Mining Permit No. 10-35
Simmons Mine
Brunswick County
Lumber River Basin
Dear Mr. Simmons:
This is to advise you that the above referenced mining expired on December 8, 2004 and has not
been renewed. Expiration of the permit only precludes further mining operations; reclamation requirements
continue to remain in effect. Section 74-56 of the Mining Act of 1971 mandates initiation of bond forfeiture
proceedings for failure to reclaim in accordance with the reclamation plan. Also, civil penalties of up to
$500.00 per day for each day of the violation may be assessed under G.S. 74-64.
Additionally, under G.S. 74-64, the penalty for operating a mine without a permit is a civil penalty of
up to $5,000.00 per day for each day of the violation. Therefore, no further mining may occur at the above-
mentioned site until you have applied for and obtained a valid mining permit from this Department. Please
contact this office immediately at Land Quality Section, Wilmington Regional Office, 127 Cardinal Dr Ext,
Wilmington, NC 28405, [phone] to clarify your intention at this site. Only the issuance of a mining
permit, and not the mere submittal of an application, will enable you to lawfully resume the mining operation.
You are required to submit an application for a new mining permit and it must be approved before you may
continue mining. You may elect to close and completely reclaim the mine and not apply for a new permit.
In light_of the above, you have two options to maintain compliance at this site:
.. _.tip_,. �•��! �
(A) If you desire to continue mining operations at the site,
You must:
4
(1) Complete and file the attached application form for a new mining permit for this site
`along with the required corresponding mine maps. The appropriate mining permit
application processing fee is also required (see attached fee schedule). No mining
operations may be conducted until a mining permit is issued for this site.
This corrective action must be completed WITHIN 60 DAYS OF RECEIPT OF THIS
NOTICE.
Wilmington Regional Office
127 Cardinal Drive Ed,Wilmington, North Carolina 28405-3845 • Phone: [phone] FAX: [phone]

Simmons Mine
February 17, 2005
Page 2
(2) Remove all off-site refuse that has been dumped in the mine site and dispose of this
refuse at a permitted landfill site.
This corrective action must be completed WITHIN 30 DAYS OF RECEIPT OF THIS
NOTICE.
(3) Commence adequate reclamation activities on the inactive sections of the affected
areas at the site and continue said activities until all affected areas where mining
has terminated have been sufficiently reclaimed).
This corrective action must commence WITHIN 60 DAYS OF RECEIPT OF THIS
NOTICE.
(B) If you desire to permanently close the mine, you must:
(1) Remove all off-site refuse that has been dumped in the mine site and dispose of this
refuse at a permitted landfill site.
This corrective action must be completed WITHIN 30 DAYS OF RECEIPT OF THIS
NOTICE.
Should you fail to comply with the terms of this letter within the prescribed time frames, a formal
Notice of Violation may be issued.
The responsibility for understanding and complying with the requirements of the Act rests upon the
individuals and firms who are subject to its requirements. The responsibility also rests with you for notifying
this office of your intentions at this site.
Please do not hesitate to contact Todd C Walton or me at [phone] regarding any questions
you might have on this matter.
Sincerely,
Daniel Sams, P.E., M.E.
Regional Engineer
Enclosures: Mining Inspection Report dated 2116/05 ID
Mining Permit Application
Mining Act of 1971 FES 21 2005
Mining Administrative Code
cc: Mr. Floyd Williams, PG LAND QUALITY SECTION
Mr, Bradley Bennett- DWO

r
North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
PERMITTED MINE) �a -
1. MINE NAME ,�.,,�.�afv - 2. MINING PERMIT #
3. OPERATOR S`, rz���s /�,- f K). 4. COUNTY
5. ADDRESS 303 4 .4s.v NG Zq4lZ6>
6. PERMIT EXPIRATION DATE /Z - S - O x/ 7. RIVER BASIN
8. Person(s) contacted at site �o n^,"e eV,7 s :r:
9. Was mine operating at time of inspection? ❑ Yes XNo 10. Pictures? Yes ❑ No
11. Date last inspected: / / .5' / a4/ 12. Any mining since last inspection? ❑ Yes Jj� No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes , XNo
If no, explain: �.a,-xly7, 1u_f�a� fn�, id.g. i/✓/d of,s ;4 �,1,,,aa
4GI�1 L"e, S6E ii/.w .Jf91 �f��zle For � v�YG..i• 7� � �¢c r��rrii� C �� y
/77/f7I. :,�tl�ri7 i C- O�i .i ( l)rT/�'2 f�� flr/0 N,i T cLr t4 ti✓s.�,p ti S f-,/ O n S„ ,7�
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes X-No If yes, describe the
type and severity of the damage:
16. Corrective measures needed and/or taken:
17. Other recommendations and comments: r /4 6ugl.,e- el.*-r off.
18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes tRL No (Explain) ❑ Not Reviewed
!�f Tit sale,
r'
19. Follow-up inspection needed? A Yes ❑ No Proposed date JY//7/
20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator-2 //7 /C.� "`
// (date)
INSPECTED BY: a.,/� l'/_.cJ r DATE -? I i 6 / as—
Telephone No: ( 9/0 ) 3191 3 ,,-90
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

`\North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME S,i►JiJ/ ( '..yf' 2. MINING PERMIT #_
3. OPERATOR COUNTY ,vim
5. ADDRESS o 3&3 A s. Z wz
b. PERMIT EXPIRATION DATE /z - 8 - 0 7. RIVER BASIN r,
8. Person(s) contacted at site Ahl opt Gi s
9. Was mine operating at time of inspection? ❑ Yes jXNo 10. Pictures? ;5<Yes ❑ No
11. Date last inspected: /I .S' / P 4/ 12. Any mining since last inspection? ❑ Ye No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes No
If no, explain: zw"o"N7-e, h!e, eA s!f/, ,8� s..�.� orf��K
/J7lii�:.r• �O�iJ�j1� ! �1�'Fif' t�r�.y/iaF__�F c'6,e��:.�!� tc LaF.�.
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes ;!�No If yes, describe the
type and severity of the damage:
lb. Corrective measures needed and/or taken:
17. Other recommendations and comments: llef-w dr �0", B 01/_ _gyp
/��v /hirl.rJ� iJ !?.NyiUl1 G f?lAtr`jf /irr�u�10-1 4�&T!/ A n/J%:G0 11.t/P/Y71
18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes 5C No (Explain) ❑ Not Reviewed
2Go� /K�/?• i/f+'s ��iT .�f��✓��l��y�_/1 f-3� Lr/iln . �l_�_ir� .c r �'i%r,.r-
19. Follow-up inspection needed? X Yes ❑ No Proposed date /i I
20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator-2 ! / "..
(date)
INSPECTED BY: o., l'/.� r � .� DATE ...? Il I ass-
Telephone No: _?�9 r -
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

SEEDING SCHEDULE f
_ - '
EROSION CONTROL NOTES CATEGORY AFFECTED ACREAGE'
ALI DIsnJRRFD ARF.AS ITT IE Tf7 r-nN-•TRI ff.TlnT3 AND ANY'EVrRI-Y ERODED AREAS SHAI.I,.FjE STARILIZrD WRI I A TAILINGS/SEDIMENT PONDS 0,21 AC
PERMANENT GRASS COVER THE SEED SPECIES SHALL BE SELECTED BASED ON THE TYPE OF SOIL PRESENT,SEASONAL ! STOCKPILES 0,25 AC / \ 5111105 - A A R I .A
CTNHrD LI",AND OTHER CONSIDERATIONS.AS AN ALTERNATIVE.THE CONTRACTOR MAY USE METHODS AND I 1, All construction activities shall be performed to compliance with the Sedimentation "I'C) h3 INCLUDED 1 N
..,r;HFDI il_ES CH(}WN BELOW HOWEVER.fT I.c RECOMMENDED THAT A SPECIALIST 8E CONSULTED WITW ATTENTION WASTEPILES 0.25 AC
Pollution Control Act of 1973. PROCESSING AREA/HAUL ROADS 0.29 AC i N� 130 TO LC'LD L) N
A.CULTIVATE AREA TO A DEPTH OF 5". MINE EXCAVATION 4.9 AC: I r GRADY HARDWTCK ET. -
S.APPLY AGRICULTURAL LIME AT THE RATE OF 400D LBS.PER ACRE. ! 2. All land disturbing activity is to be planned and conducted to limit exposure to the MTIVF PERMIT BOUNDARY 7.n A{� 1 _ �� AREA _
C.APPLY 10 20-20 COMMERCIAL FERTILIZER AT THE RATE OF 500 LBS PER ACRE, N/F AL. \
D.SOW GRASS SEEDS AT THE FOLLOWING RATES: I shortest feasible time.
1 C'ELESIE McNEILL
DRY SOILS (APRIL•SEPTEMBER) WET SOILS (APRIL-SEPTEMBER) ° 4 SITE
"E \
KIND RATE PER ACRE KIND RATE PER ACRE 3. All disturbed areas shall be stabilized by the establishment of a permanent ground N/F 2' -- - --
BERMLiD cover.A GRASS 3o LBS. BERMUDA GRASS 25 LBS. GRADY HARDWTCK ET. I 240.24' --
CENTIPEDE CRASS TO LBS. BAHIAGRASS 25 LBS, AE
BAWAGRASS 30 LBS. CARPET GRASS 25 LBS 14. As soon as all areas are permanently stabilized, all permanent measures have been \._
KOBE LESPEDEZA 20 LBS ANNUAL RYEGRASS OR
GERMAN MILLET
GERMAN MILLET 25 LBS. j installed, and final approval is received from the Land Quality Section, the
25 L85 1 - - - -
- � _,
temporary measures may be removed. sQ °44'ZS
I -
E.MULCH WITH STRAW AT THE RATE OF 3250 TO 43"LBS PER ACRE. / 248-37' / ' S.R. I 1 '
F OF ANCHOR GALLONS PER ACRE HALT EMULSION TACK COAT APPLIED AT THE RATE � � ' - --
5. Over the life of the project, the Contractor shall make periodic inspections to
2.WHERE IT NOT POSSIBLE TO ESTABUSH A PERMANENT GRASS COVER IN AACASONABLY SHORT PERIOD OF TIME.DUE evaluate the success in controlling erosion of soils to off-site areas. If areas are _ 17 - -
T!}SF 4SfNyAI_C(�NSIDF RAR ATIf1NS.h TFMPORARY COVER SHALL BF FSTABLISHFLI.THE IEMPT)RARY SEED RATE PER /-f ,. }1
found where erosion is taking place, the Contractor shall take the necessary - /l =-i
WINTER (SEPTEMBER APRIL) SUMMER (MAY AUGUST> f
measures to remedy the situation.
ANNUAL RYEGRASS 50 Las. GERMAN MILLET 50 LOS. -
i
- rALLFEscUE SO LBS. 16. Drainage patterns and erosion control measures are based on field information - ter`' /_"% %ti �'� � - � � 1 - VICINITY MAP
TEMPORARY COVERS SHALL NOT ELIMINATE THE REOUIREMENT FOR PERMANENT GRASS COVER WHERE THE SEA_-40N obtained during design. If actual field conditions differ from design conditions, a
MR TITHER CONDITIONS ARE NOT SI_IITABLE FOR ORCWANO A TEMPORARY EROSIDN RESISTANT COVER,OAP CH MAY BE I ;'�/
APPLIED;HOWEVER,MULCH USED ALONE SHALL NOT BE ALLOWED.A TEMPORARY OR I - - ! \ /� NOT SC A L E
revised Ian may be required, f
PERMANENT V[OLTATIYE COVER SHALL 9E ESTABLISHED AS SOON AS CONDITIONS ARE FAY011ABLE, I P Y � //"��/ ij fjJ f' -i" , i 1 I � � � � ` � � I \ / - � �
3,TOF5T,71L SHALL BE USED OVER UNFAVORABLE SOIL CONDITIONS FOR SUCCESSFUL E57ABLISHMEM OF VEGETATIVE COVER,I
a-IRRIGATE AS NECESSARY TO OPTIMIZE PLANT GROWTH00
.
\ 41. TEMPORARY
CONSTUCTIUN - Cd Q
\ PROPERTY BOUNDARY - 16.5 AC
ENTRANCE (SEE DETAIL)
V� �+
LIMITS OF MINE MAXIMUM DEPTH OF MINE = 12 BELOW EXISTING GRADE �
EXCAVATION=4.9 AC AVERAGE DEPTH OF MINE=R' BELOW EXISTING GRADE \ - � $,,,"
GROUND WATER TABLE=S' BELOW EXISTING GRADE •� � � `�
J \ 7 \ It OC
CD
GRADY HARDWTCK ET.
l AL, j %ii�.!:/ . �t I I I� ' S11 02Z,4IIW
S
�
f MINE BOUNDARY I l 9� 1 1I �h`'
PR()VIDEI) BY OWNER 1 ! ��{ S0203613"E
�.f� 1 104.86
L Tl LZ7 Lit O940
TOPOGRAPHIC INFORMATION OBTAINED � �
FROM BRUNSWICK COUNTY GIS 36 �r 'I
' 1 LIMITS OF DISTURBANCE = 7.3 AC -
_ ENTIRE MINE AREA I (MINE BOUNDARY + ACCESS ROADS)
- SHALL BECOME A LAKE
i r.. UN COMPLETION OF
MINE: PERMIT BOUNDARY = 7.0 AC
MINING OPERATION
TEMPORARY
CONSTUCTION I I I `"� 77.81' 9 �, TFMT'ORARY / C9
SO ° „ENTRANCE(SEE DETAIL) E I 1 5 092Z EI ,�;
� � ` DNERSION BERM
z-Z s 1
S2
` a =W - SILT FENCING a I�•�I
40 I I (SEE DETAIL)
LIMITS OF DISTURBANCE `
7.3 AC *1800 CF/AC = 13,140 CF
-�- 3 N/F
L- 1
"O
` OZZIE FRTNK
SEDIMENT BASIN 0.
21 AC I �,
:. ACCESS ROAD '� o
Z
/ �,. ,,r! �• 183'x 50' x 1.5'OR 13,725 Cr r`T w
Stop F I 1 STOCKPILES04
0.25 AC
1 \104' x 104'
C, rV
SCALE: 1"=50'
i'"ii �,� / i r 0 25 50 I( 150 �' '' f i T• + V ` . !
WASTFPILES 1
LAND CLEARING»nd I\
0.25 AC
INERT DEBRIS(LCTD) 104'x 104'
DISPOSAL AREA NOT TO
EXCEED TWO(2)ACRES
MINE PERMIT-_ `-' �J
BOUNDARY r~ I A I`/C--1
49
_>
/ 35'BUFFER mate:
4"
_ C N02022'26"W
698.22' 1 ` Scrawn t3 ale: 1" - SU•
s, \ I
I } I NfF - D VFRSRARY I k `1 17 y: JCR
LINNIE BENNETT WARD ----_-._.
Checked By: EMNiDBli
N,'F i - I
I` LUCTLLE J. GRISSETT - - -�4 / I I 101 J LEGEND
46 - _ A EXISTING CONTOURS
CONSTRUCTION SEQUENCE: PROPOSED CONTOURS THIS PLAN ;S NOT ISSUED ;�p
CONSTRUCTION WITHOUT
I. OBTAIN MINING PERMIT FROM THE NORTH CAROLTNA AFFlxl-p cORPURnTE SE•�I-.
Af( f�RDING TO TIIF OW NEW DF:PARTMF,NT OF F.NVIRONMI�N'1' AND NAT`URA1, RFSOUR('F�,S NAME OF MINE: SIMMONS MINE � TEMPORARY DIVERSION w/ FLOW
- -
! , - r ---`?�'- r DIRECTION (SEE DETAIL) i
1. TI IF; PROPERTY DOES NOT I.1r. WIT[IIN T11F. 100 YEAT FLOOD PLAIN. = NAME OF APPLICANT: SIMMONS
'. 1 HLRE :ARE NOT WETLANDS V ITHIN THE PROPERTY BOUNDARY % - 1NC'DT NR►• LAND QUALITY SECTION. OBTAIN NPDES PERMIT H
i' - j FROM NCL)ENR. DIVISION OF WATER QUALITY. CONSTRUCTION COMPANY DISTURBED AREA LIMITS
r 3. T"HFRF ARF N(1 WA I VR SI IPI I Y WFI l S WI THIN ';00' ()F TH1 MINE H()I INI)ARY. I 7
j
INS'TALL CONSTRUCTION 1 N FRANC'F S. Y
S
3. INti"IAI,I, "i'[,'MP()RAR�' DIVI':RSI()N5 AND FEMPORARY SEDIMENTI 13ASIN_ ! LIMITS OF EXCAVATION I 07 = g
4. (TEAR AN1)(iRI�11 S11T:. MI
5. PERFORM EXCAVATION ACTIVITIES AS SHOWN ON THF" PLAN. / ! MINE PERMIT BOUNDARY � �.1�•.�` i z
h. 5"IABII In, ALL DISTURBED AREAS WITH VEGETATION A5 SHOWN ON SEEDING SCHEDULE. eFT••�••''N�Gryr`
f J1HiN11i
I
------
CI
This drawing shall not he i produeed in
wholc or in part without xvritten permis,0on EC£C PPOJECT NO. 0606
of Last Coast I ngineering Company, P.A.

GRADYILARDWICK IT.
N/F A L.
CELESIF McNFTLL
N/F i S{Ig°l2'4i"E 1 I —-
WIDTH AT POND BOTTOM VARIES GRADYHARDWICK ET. I 2 4 2 4'
ACROSS \1INE SITQSFE PLAN VIEW) AL.
EXISTING SO?1044'25
GRADE 20.37'
WATER % ---SLOPE-3:1
SLOPE 3:1 ii ELEVATION
fi
BOTTOM 39.0' MAX
FLFVATION 36.0'
Ln
4h
J
t
J) ?00 2qo 300 A DISTANCE 167' A* PROPFRTYBO1_",NDARN' - 16.5 AC
z 000
X
'oe
14
NN
dr,
NI; -MAXIMUM DEPTH OF MINE IT BELOW EXISTING GRADE
CROSS SECTION A A I IMITS OF MINI;
AC AVERAGE DEPTH OF MINE - 8' BELOW EXISTING GRADE 1`4 1
SCALD' 1 30' EXCAVATION : TIN(i ORAD11". 0
WATER LOW FXIS "r_
GROUND NVA'I
z
N.'r CD 4-J R�j
GRADY HARDWICK ET. 22'45
AL. W170
cl� 0c
MINE BOUNDARY
PROVIDED BY OWNER Sol-D161 1"F,
TO 4-8 6'_
con
C7:>
x TOPOGRAPHIC INFORMATION OBTAINED
36
FROM BRUNSWICK COUNTY GIS
LIMITS OF DIS-nJRBAN('E 7.1 AC
LL.
_ZZ ENTtP-L' MINE AREA (MINE BOUNDARY a ACCESS ROADS)
SHALL BECOME A LAKE
UPON COMPLETION OF
MINE. PERMIT BO1JNDARV - 7.0AC . . . . . . . . . . .
MINING OPERATION
. . . . . . . . . .
. . . . . . . . . . . . . . . . .
tbkL
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IV
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. . . . . . . . . . . . . OZZIE FRINK
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Afjy . . . . . . . . . . . .
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s . . . . . I L . . . . . . . . . . . . . L . r . . . I . . . . . . . . . . .
' lop . . . . . . . . . . . . . . . . .
BOTFOM ELEVATION 36' . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SN4 . . . . . . . . . . . . . . . . . . . I.AKFSITRFACF FI.FVAT10N _ '19':
SCALE: 1" 50' . . . . . .
. . . . . . . . . LAKE SURFACE AREA 3�5 A(
. . . . . . . . . . . . . . . . . . . . . . .
If
50
. . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . .4 0z
. . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . .
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
MINE PFRM1T----,.__4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BOUNDARY . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . .
0
48
50
15' BUFFER
NO2"'
698.22'
N/F r
VEGETATED EARTHEN LINNIE BENNETT WARD SO,
1Z
CONTAINMENT BERM My
N/F VEGETATED EARTHEN
LUCILLF .LGRISSETT, BERM
Drawn IA.,:
12' •
hecked RN L--\tN OB11
W 21 SIDE SLOPE MAX
FILTER FABRIC RIP RAP STONE 6"MIN.. IT MIN.
CLASS 1 2' 3"COARSE AGGREGATE
TEMPORARY DIVERSIONS SHOULD BE STONE, SECDO
SEEDED AND MULCHED AS SOON AS THEY PLAN VIEW
ARE CONSTRUCTED TO PRESERVE DIKE NAME OF MINF: SIMMONS MINE
COMPACTED SOIL 2' MIN. HEIGHT AND REDUCE MAINTENANCE. CLEAN BASIN WHEN NAME OF APPLICANT: SIMMONS
ONE HALF FULL CARRY RIP-RAP UP 51 MI CONSTRUCTION COMPANY 50'MIN THIS PLAN #S NOT ISSUED PO'p
TOP OF BERM SIDE OF SPILLWAY
-,, CONSTRUCTION WITHOUT
FLO, TOP ELEVATION OF STORMWATER 18"FREEROA+ AFFIXED CORPORATF 5FAt..
z -.a---6'DIVFRSION TO DIRECT RUNOFF FROM RM
#5 CLEAN WASHED r�
MAX. .... ........... ... . ..........
15- v.........
MI C
FLOW STONE VARIES
X 4'MIN VARIABLE(SEE PLAN)
SECTION VIEW
CLASS I
VARIABLE(SEE PLAN) RIP-RAP z
6' TYPfCAL d5O- 12* TEMPORARY GRAVELED OWN7
TEMPORARY DIVERSION CONSTRUCTION ENTRANCE
TEMPORARY NOT TO SCALE m
NOT TO SCALE SEDIMENT BASIN DETAIL
NOT TO SCALE

l � �
MINING CHECKLI5T FOR ROUTING
Applicant's Name: OP'Ln A,)-i Project Name:
AppliclPermit No.: L 35county: Date Received: s q off
Reviewer. ONRiver Basin Name: A. L,
0 New Inewal 0 Modification (inside permit boundaries)
❑Modification (outeide permit boundaries) C�Transfer ❑Release
❑Partial Release E�dditionai Information 0 Fee Needed: $
lee Received: $ 1
—LAAV'h1 /,.A4� Regional Office (2 complete copies; attach the"LQ5 Regional
Office Mining Application Review Checklist"to one copy and attach both the DWQ and DAQ
"Mining Application Review Form"to the other copy; send both.copies to th ional Engineer)
Date: Routed 5 'd
❑Division of Water Resources Date: Routed Rec'd
0 NC Wildlife Resources Commission Date: Routed Reed
❑US Fish &Wildlife Service Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
Ele,igoe route first 3 pages of t-ha i@121218catiom amd any location ma25-=
❑Division of Parks & Recreation Date: Routed Reed
0 NC Geological Survey Section Date: Routed Reed
(Only new applications and modification requests that add land to the permit)
❑Division of Archives & History Date: Routed Reed
(Only new applications)
❑Other: Date: Routed Reed
**5uopen5e Date for Comments: N P1 (no later than 25 days
from receipt)
0 Please note the following:
(l1 .

.� -;.2-..+4r�•nOFrCf.nti - - K-v:l*.�".« `i"Sy.'y0.'k.`Y.r-�F'f�-�� _
�. STEVE SIMMONS 6809
BARBARA SIMMONS J 68.112/531
PH.910-287.6591 _/ O"CH 62401 ^r4S
4810 NEW BRITTON LOOP RD NW `Q S
'ASH,NC 28420.40p6 ..
� In/fir on/er ri � 'r /�1 1� �l �l �' /DV•DD
BDU ACCESS
snnicnrrG
6PAN a uro rnusr Cawwwr
., ' 4 s�oo-e�NK el9r tl6r.00 � r.

8�1i 25/2�3If 11:11 91 �86Fi1 HC DEW IILR � FAGE 01
RECEIVED
. W"! MAY o 9 2008
LAND QUALITY SECTION
North Carolina Department of Environment and Natural Resources
Division of Land Resources- Land Quality Section Mining Program
1612 Mail Service Center, Raleigh4 North Carolina 27699
[phone] Fax: [phone]
FAX COVER SHEET r
FAX NUMBER TRANSMITTED TO: �/,q.- 2-
To:
Of
From:
Lo
Date: �y. •/�
COMMENTS: irrtrrr,� e� 1V1�� �a rf�
v"
*1F YOU DO NOT RECEI Egr"PAGES,
/PLEASE
ppqq=TELEPHONE US TKMEDI,/AJ�TELY(/AT(919)733.4574_

SIMMONS CONSTIUCTION COMPANY
4810 New Britton Loop Rd NW
Ash, N.C. 28420
Phone # [phone]
Fax # [phone]
TO. NC Dept. Of Environment & Natural Resources
Land Quality Division Mining Section
1612 Mail Service Center
Raleigh, N.C. 27699
Dear DENR-LAND QUALITY SECTION
Please note that I request name change for Simmons Mine
# 10-35. I request that applicant name be changed from
Simmons Construction to Steve Simmons.
Name change application and check are enclosed.
Thank You,
a bib

r ti
04i 29l2008 11: 21 3197158801 NC DEW DLR • PAGE 02
APPLICATION FOR A MINING PERMIT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PAINT OR TYPO
1. Name ol-Mine County Brunswick
Aiver Basin
%atitude (decimal degrees to four places)
Lo4tude(decimal degrees to four, places)
2. Namc of Applicant'_ Steve SimmonS •
3. Permanent address for receipt of of9cial mail`*
4810 New Britton Loop led. NW Ash, N.C. - 2842Q
Telephone ( 91 0) 2 8 7-6 7 4 4 Alternate No. i 94 0 5 4„ 8 9 .„
4- ;Mine Office Address
Telephone
S. Mine Manager Steve Simmons
We hereby 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 _ --- - Date __-5—6-0 8....,,.. -
Print Name Jr^ �U
Title C`7 G.} N T
* gfp be indicated on the
• w� a the name that the mining permit will be issued to and the name that must
reclam.atlon opd ssecunty)that corres onds to this Site. .
** The Land Quality Section must be notified of ary changes in the permanent address or telephone number.
*"* Simtu_ne of - Wpanv officer rgguired.
G.S.74-5I provides that the Department shall grant or deny an application fora permit within 60 days of receipt of a
cam letc application or, if a public hearing is held, within 30 clays following the bearing and the ffling of. any
supplemental information required by the Department. All clucstions must be addressed ad all required maps
provided before this application can be considered complete. Attach additional sheets-as needed,
• 1-

■ �
_ r e � � •
lit Vw��4� � ' �.
• � •

04i 29/2008 11:21 9197158801 NC DEW DLR . f�G1ia 03
APPLICATION FOR A NfINING PERNUT
i
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 regul.ar.business hours for the purpose of making necessary fi eld 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:
Sig e: — _-- Signature:*
Print Name: sTtu c- �&t fA M po5 Print Name: _ V 6 (`MV"t 0 A1-S
(Title, if applicable)
Cornpany Title: nto"V T
(If applica le ___ —
�' �
Address: Company:
Mine Name:
Telephone: q10 ). g�- Telephone- (9�0 } 7-� ._� ,�a c��y-' 4 I 0
Date Signed: S- D _ Date Signed:
•Signature mast be the same as the individual who signed Page I of this application,
neon inel and five co ies of the coin leted aimlication,six b co vies of all location ma s mine MADS
and rgelamatign miloAl andthe sipprouriate nrocevNing fee see next page for fee schedule)in the form a check
or money order pays b a to the Nort aro ina Department of Environment and Natural Resources must be
scat to the Land Quality Section Central Office at the addrem 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
[phone].
- 18-

NCDENR
North Carolina Department of Environment and Natural Resources SF
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
April 8, 2008
NOTICE OF VIOLATION FOR MINING WITHOUT A PERMIT
CERTIFIED MAIL: 70070220000082233659
RETURN RECEIPT REQUESTED
Mr. Steve Simmons
Simmons Construction Company
Route 1 Box 383 A
Ash, NC 28420
Dear: Mr. Steve Simmons
This is to inform you that you and/or your firm are/is violating the Mining Act of 1971 by operating a
mine without a permit as required by North Carolina General Statutes (hereinafter NCGS) 74-46, et seq.,
as amended.
On , April 2, 2008, personnel of this office inspected a mining operation being undertaken on SR 1360
Shallotte, North Carolina. Personnel of this office have also determined that (you and/or your firm)
are/is the operator of this mine. The area affected at the site by mining-related activities was measured
to be 7 acres in size.
Pursuant to G.S. 74-59 of the Mining Act of 1971, no person may operate a mine without first obtaining
a mining permit and also posting a bond to ensure that the site is reclaimed. Mining is defined by NCGS
74-49 as:
The breaking of the surface in order to facilitate or accomplish the extraction or removal of minerals,
ores, or other solid matter;
Any activity or process constituting all or part of a process for the extraction or removal of minerals,
ores, soils, and other solid matter from its original location; and/or
The preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to
make them suitable for commercial, industrial, or construction use.
Wilmington Regional Office
127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 • Phone: [phone] I FAX: [phone]

Notice of Violations for Mi0g without a Pennit
'
i
Mr. Steve Simmons of Simmons Construction Company
4/8/08
Page 2 of 3
"Minerals" means any soils, clay, coal, stone, gravel, sand, phosphate, rock metallic ore, and any other
solid material or substance of commercial value found in natural deposits on or in the earth (NCGS 74-
49(6)).
Because you are in violation of The Mining Act of 1971 you are directed to immediately halt the above
mentioned mining operation until you have obtained a valid mining permit from this Department.
Please contact this office immediately at 127 Cardinal Drive Ext. Wilmington, North Carolina 28405
(910)-796-7230 to indicate your intention to comply with the Act. In addition, you must take the
following corrective actions to bring this site into compliance:
I. File the attached application for a permit, including a reclamation plan, within 30 days of your
receipt of this Notice.
2. In the event that your application for a permit is approved, you must post a bond or other form of
security acceptable to the Department to ensure that the affected area will be reclaimed when your
mining operation has terminated. The bond does not have to be submitted concurrent with the
application for a permit.
3. Pending the decision to approve or deny your application for a permit, you must take the following
corrective actions to restore or repair any damage that has resulted from your unlawful mining
activity: Obtain a mining pen-nit from the Division of Land Resources. Cease all mining activities
until a mining pen-nit is obtained.
Or
4. As an alternative to filing the attached mining permit application, you must immediately initiate
reclamation of this site and complete the reclamation within 60 days of receipt of this Notice.
Should you choose this alternative, you must submit within 30 days of receipt of this Notice a plan
detailing the intended reclamation including a specific schedule for completion of this work.
Violations of the Mining Act for mining without a permit are subject to a civil penalty of up to $5,000.00
per day for each day of a continuing violation. A penalty may be assessed for violations committed
prior to your receipt of this notice. A penalty will be assessed for violations committed after receipt of
this Notice. Should you fail to comply with the teens of this Notice within the prescribed time frames,
additional enforcement action will be taken. Such action may result in the issuance of an injunction or
the imposition of a criminal penalty.
The responsibility for understanding and complying with the requirements of the Act rests upon the
individuals and firrns who are subject to its requirements. A copy of the Act and the Administrative
Rules is enclosed for your information.

4
f f
`! Notice of Violations for Min4g without a Permit
Mr. Steve Simmons of Simmons Construction Company
4/8/08
Page 3 of 3
The subject site will not be considered in compliance with the Act until you have obtained a valid
mining permit and/or satisfactorily completed the required reclamation work.
Please do not hesitate to contact either Nick Mills or me regarding any questions you might have on this
matter.
Sincerely,
C�.�
Carol Miller
Acting Regional Engineer
Land Quality Section
Attachments; Two Mining Permit Applications
The Mining Act of 1971
NCAC Title 15A Chapter 5
cc: Mr. Floyd Williams, PG

r t. . .. ... ..'i .t�,_....i..t-..�,i•' �'�..., -`-K.<b +�-..:....-++•-�.-:n-.�Y+...-ro•r.i.-•^',r-_,5-b..•.�..•�.,- ' •2L.�.�„ - r.-...orr.i•'--+...• 'ti .� .- _..,..- ,. .•-., .v. ....
North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(UNPERMITTED MINE)
1. OPERATOR <_.!t, r`+ lh, I,. , l;,. / 2.-COUNTY ]�,r 3. CASE #
4. LOCATION: J (_ _
5. PERSON(S) CONTACTED AT SITE: 1)r- rti,- •r 1e ._
6. TYPE INSPECTION:
❑ A. Initial Inspection
1. Size of affected land; ac. (attach sketch map)
2. How was this area measured? Measured by:
❑ B. Follow-up Inspection
1. Date of last inspection
2, Any mining since that date? ®".Yes ❑ No If yes, cite evidence of such mining
Alh
activity _/ t,J _ r r_ rL' A _
nh f1 c
7. Pictures taken? 0 Yes ❑ No Taken by: 4- �!r�_,r ��, .'r ,►�f r�
8. Was mine operating at time of inspection? ❑ Yes Er] &o If yes, explain.
9. Is there any off-site damage? A. dYes B. ❑ No C. ❑ None observed
If A, describe the type and severity of the damage: /V, 'R [ ., 1 r 4c
rr r
t� :c. ^1�� +..tl,'�.-{ . ram, i`-' rr'•,,�^
J
If B or C, is there potential for offsite damage? ❑ Yes ❑ No Explain
10. Corrective measures needed and/or taken: 0 64,, _ , ., )ra,rn. 4 -(.rto3 a r e
un c ,t, pe ^�y14rrr l+., 4n .�+ r ,. .
y,•er1op
_
//41,, 1, •/P (6_Cf 0 . ti,%A1.4 1 nw ��E�� ,. •'�` at(� 5r 1 f. tin
IL Other comments:
r
12. No. of additional pages of Inspection Report 13.Copy of Report sent to operator 41 l.? lt'j"?
INSPECTED BY: ! . l n !' /!'a___.. DATE
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

? A q ry •
North Carolina Department of Environment and Natural Resources
Division of Land Resources- Land Quality Section Mining Program
1612 Mail Service Center, Raleigh, North Carolina 27699
[phone] Fax: [phone]
FAX COVER SHEET
FAX NUMBER TRANSMITTED TO: _.._
To:
Of.
From:
RE: _ iin�2��o /00;n4 A6 1't _3�'
Date:
COMMENTS: �'il�trr+� L'9� /V![t� d'° lill&x.�
if
l�t. o "'nl/�rn'e~ dJ ws 19 . �d -S'lyrirw�v
*IF YOU DO NOT RECEIVE ALL PAGES,PLEASE TELEPHONE US IMMEDIATELY AT(919)733-4574.
-- Z _ ( r.

APPLICATION FOR A MINI PERMIT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine County
River Basin
Latitude (decimal degrees to four places)
Longitude (decimal degrees to four places)
2. Name of Applicant*
3. Permanent address for receipt of official mail**
Telephone ( Alternate No.
4. Mine Office Address
Telephone ( )
5. Mine Manager
We hereby 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 Date
Print Name
Title
* This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond(security)that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** Signature of com_panyofficer 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.
- 1 -

APPLICATION FOR A MAG PERMIT
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: Signature:*
Print Name: Print Name:
(Title, if applicable)
Company Title:
(If applicable)
Address: Company:
Mine Name:
Telephone: { ) Telephone: ( )
Date Signed: Date Signed:
*Signature must be the same as the individual who signed Page 1 of this application.
One original and five 5 co ies of the completed a lication six 6 co ies of all location maips, mine maps
anU reclamation ma Rs,and the a ro riate processing fee(see next page for fee schedule)in the form a check
or money order payable tote North Carolina Department of Environment and Natural Resources must be
sent to the Land Quality Section 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
[phone].
- is -

TRANSMISSION VERIFICATION REPORT
TIME : 97/lE,/200h 10: ';6
NAME : NC DENP £ILR
FAX : 91.9715,:801.
TEL . 919 7'13:;8c�:3
DER. # xzsssx:c:r*:Gss
DATE DIME 07/18 10:35
FAX NO./NAME 91910754804fa
DURATION 00:01:11
PAGE(S) 04
RESULT GK
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North Carolina Department of Environment and Natural Resources
Division of Land Resources - Land Quality Section Mining Program
1612 Mail Service Center, Raleigh, North Carolina 27699
[phone] Fax: [phone]
FAX COVER SHEET
FAX NUMBER TRANSMITTED TO:
To:
From:
RE:
Date:
IF WT
COMMENTS:
*1F YOU DO NOT RECEIVE ALL PAGES,PLEASE TELEPHONE US IMMEDIATELY AT(919)733-4574.

IWYIF
RCDENIt
orth Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist April 1, 2005 William G. Ross Jr., Secretary
MEMORANDUM
.V-+
TO: Mr. Bennett Wynne
Habitat Conservation Program Coordinator
Wildlife Resources Commission ..'r
FROM: Brenda M. Hams
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Renewal for Simmons Construction Co.
Simmons Mine
Brunswick Count y
Please find attached for your review a copy of the mining permit application
request for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)).
Please respond by April 25, 2005 so that we may complete our review of this request
within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review ail proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site
sedimentation. However, any comments your agency can provide regarding effects on
wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to
perform a site inspection, it is recommended that they contact the person submitting
this request to set up a convenient date and time. Also, please send a copy of your
comments to the person noted in the application. RETURN ALL APPLICATION
MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
Ibmh
Attachments
cc: Mr. Dan Sams

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons,PG,PE Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
June 3, 2005
Certified Mail
Return Receipt Requested
7002 3150 0003 7053 7368
Mr. Steve Simmons
Simmons Construction Company
Route #1, Box 393A
Ash, North Carolina 28420
Re: Simmons Mine
Mining Permit No. 10-35
Brunswick County
Lumber River Basin
Dear Mr. Simmons:
The review has been completed on the renewal and modification request your company
submitted for the referenced mine site. However, the following is needed to continue
processing your application:
The reclamation bond was calculated for this site using the information submitted on the—
mine map last revised May 11, 2005. The reclamation bond for this site has been calculated to
be $13,600.00. The calculation worksheet is enclosed for your review and the bond or
balance ($5,800.00) will be required prior to approval of this modification and renewal.
For your convenience, I have enclosed a bond form, an assignment of a savings
account form and irrevocable standby letter of credit form for your use in securing the required
bond. The name on the security must be the same as the name appearing on the application
for a mining permit, i.e., Simmons Construction Company. In addition to one of these
alternatives, you may, upon request, substitute a cash deposit.
Please be advised that the modification and renewal request cannot be completed until
the new bond amount has been received.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina,27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

CERTIFIED MAIL
Mr. Simmons
Page Two
As required by G.S. 74-51 (h), you are hereby advised that you have 60 days from the
date of your receipt of this letter to submit the reclamation bond. If you are unable to meet this
deadline and wish to request additional time, you must submit information, in writing, to the
Director clearly indicating why the deadline can not be met and request that an extension of
time be granted.
In order to complete the processing of your modification and renewal request, please
forward the bond to my attention at the following address:
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Please contact me at [phone] if you have any questions.
Sincerely,
Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section
Enclosures: Bond Forms
Bond Calculation Worksheet
cc: Mr. Dan Sams, PE
r

AlL
APPLICATION FOR A MINING PERMIT 1d
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range
of$500 to $S,000 per affected acre)for each permitted mine site based upon the acreage approved by the
Department to be affected during the life of the mining permit. Please_insert the approximate acreage,for
each aspect,R�p mining operation. that you intend to q,�tdurin7 the 4fe of this mining,permr((in
addition__ leas insert t&e pj2ropliate-reclamation_cost/acre fir each_ categot;L-from the ,Srhe idle of
Reclamation Costs provided with thifllnnlicatlon� or QR you ratLdef�r tQthe Department w calculate,y(Ncr
bond fi2r Wu—based w2o L, tuLstandar_d_reclamation costs:
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE* COST
ao o�
Tailings/Sediment Ponds: Ac. X $ /Ac. =
Stockpiles: Ac. X $ /Ac. _
Wastepiles: . a� _ Ac. X $a � /Ac.. = $ + Q
Processing Area/Haul Roads: _ Ac. X $l /Ac. _
Mine Excavation: + Ac. X $ d a- IAc. _
Other: Ac. X $ /Ac. = $
TOTAL AFFECTED AC.: — Ac.
( TOTAL PERMITTED AC.: 7, Ac.)
��nraa & Permanent Sedimentation _Erosion Contrgl Measures.
Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into
proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures
will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands.
a) Internal Drainage �� Ac.
b) Positive Drainage Ac. X. $1,500.00 = $�
da
SUBTOTAL COST: $___ 11 z YZ I
Inflation Fa=r:
ao
0.02 X SUBTOTAL COST: $ 1 377 X Permit Life (1 to 10 years): I _
INFLATION COST: $_ a A 76:'10
TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 50
Total Reclamation Bond Cost: $ 13, toe)0 00
(round down to the nearest $106 . 00)
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simmons mine
Subject: simmons mine
From: Todd Walton<[e-mail]>
Date: Fri, 03 Jun 2005 07:51:19 -0400
To: Judy Wehner<[e-mail]>
I have no additional comments on this mine. The map is accurate.
Todd Walton
1 of 1 6/3/2005 8:38 AM

i . . 4
MINING CHECKLIST FOK KOUTING
Applicant'e Name: — xytoW Project Name: lvmr�o
Applic./Permit No.: Q S" ounty: Date Received: a0 GL5'
Reviewer: River Basin Name:
❑ New ,Renewal Xm0clification (inside permit boundaries)
❑ Modification (outeide permit boundaries) ❑Transfer ❑Release
❑ Partial Release additional Information 0 Fee Needed: $
F 00
ee Received: $
UJI Regional Office (2 complete copies; attach the "LQS Regional
Office Mining Application Review Checklist" to one copy and attach hath the D and DAQ
"Mining Application Review Form"to the other copy; send both co ie to he of ]=ngineer)
Date: Routed Rec'd
❑ Division of Water Reeource5 Date: Routed Rec'd
❑ NC Wildlife RCEource5 Commission Date: Routed Pcc'd
❑ US Fish & Wildlife Service Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
❑ Division of Parke & Recreation Date: Routed Rec'd
❑ NC Geological Survey Section Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
❑ Division of Archives & History Date: Routed Reed
(Only new applications)
❑Other. Date: Routed Rec'd
**5u5pen5e Date for Comments: 1y (no later than 25 day5
from receipt)
❑ Please note the following:
GtJ

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East Coast
Engineering Company, P.A. 4918 Main Street
Fax: [phone] Consulting Engineers Post Office Box 2469
Office: 910.754.8029 Shallotte,NC 28459
AMY16,1005
Ms.Judith Wehner
Assistant State Mining Specialist
N®ENR- Land Quality Section
512 North Salisbury Street
Raleigh,North Carolina 27611
Re: Simmons Mine Site Permit#10-35 Renewal
Brunswick County,North Carolina
Dear Ms. Wehner.
Your letter dated 4/29/05 requested we submit additional information so that you may proceed
with the renewal of the subject mine.
On behalf of our client we are requesting a major modification of the permit for the Simmons Mine,
permit number 10-35. We have enclosed the LCID notification for an area not to exceed 2 acres
within the boundaries of the existing mine as well as the design plans outlining the area to be
included in the LCTD. Also enclosed is the major modification fee of$100.00.
Enclosures are:
1. Two (2) copies of the LCID notification.
2. Two (2) copies of modified mine map showing the LCID area.
3. M1ne modification fee of$100.00
If you require additional information or have any questions,please contact our office.
Sincerely,
J. Christian Russell
copy: Mr. Steve Simmons REC-EI\f
File: 606 (Simmons Mule Site) 2995
MAY 2 0
LAND QUA4�I Y SECTION

OCT.27.2004 10'49AM NCDENR WIRO NO.711 P. 1
.•r�.�A6j,fA .
NCDE�NR .
North Carolina Department of Environment and Natural Resources
Dexter R,Matthews,Director Division of Waste Management Michael F.Easley,Govemor
October 20,.2004 William G.Ross Jr.,Secretary
Poat-IN Fax Woto 7871 10 7 .M M
TO F►crp
Mr. Steve Simmons, Landowner Ca/DaP11
y �,.
4810 New Britton Road Pane M
Phonme lv aRT Swo
Ash, North Carolina 28420 Fa" t a� sex P
Ref: Simmons Mine LCID landfill Notification located in Ash, Brunswick County as
described by the deed recorded In BOOK: 1191 PAGE. 67
FACILITY I.D.#: N0638
Dear Mr. Simmons;
The Solid Waste Section(SWS) has received the Land Clearing and Inert Debris landfill
notification signed by you on 20 June 2004, recorded on 2 July 204 and received by the
SVVS on 9 July 2004. Disposal activities must remain under 2 acres, to operate under the
provisions of this notification. An individual permit from the Section is not required for
these disposed activities, and the following applies:
(A). The owner of the land where the landfill is located must notify the Division
on a prescribed form, duly signed. notarized, and recorded as per Sub-item
(2)(b) of this Rule. The operator of the landfill`, K different from the land
owner, shall also sign the notification form.
(B). The owner must file the prescribed notification form for recordation in the
Register of Deeds' Office. The Register of Deeds shall index the notification
in the grantor index under the name of the owner of the land in the county
or counties in which the land is located. A copy of the recorded notification.
affixed with the Register's seal and the date, book and page number of
recording shall be sent to the Division of Waste Management.
(C). Since this site is a existing, permitted mine; the following items should be
addressed:
C��
RECEIVED 0CT 3 0 NO
MAY 2 0 '10Ub --�_
1646 Mall Service Center, Raleigh, North Carolina 276 -1646
LAND QUALITY SECTION lfhone 919-733-06921 FAX [phone] Internet http://wastenotnc,org
An Equal aPPCWft 1AMnaft Acleon Employer—Pgnled on Dual Purpose R Mded Paper

OCT.27.2004 10:49AM NCDENR WIRO N0,711 P.2
Mr, Simmons
Page 2
October 20, 2004
1, Contact Land Quality at 910-395-3900 for amendments to the
reclamation plan as addressed in the mining permit or submit a
erosion and sedimentation control plan for land disturbances that will
be greater than one acre;
2. Identify the site property lines with flagging, stakes or paint indicating
lines on trees that represent the property boundary for visual
verification,
3. Place stakes or posts at the 100 foot buffer line for the limits of LCID
waste disposal from property lines, buildings and wells(on or off-site),
Offset stakes or posts can be used outside the limits of the mine, so
sighting from one marker to another can be done to insure that the
100 foot buffer to the property lines, buildings and wells, Is not
encroached upon;
4. The void area between the 100 foot buffer and the limits of the mining
excavation may be filled with Inert materials consisting of soll(NOT
INCLUDING ROOT MAT), rock, clean(non-painted)
con cretatbricklb lock;
5. LCID MATERIAL SHALL BE PLACED ABOVE THE SEASONAL
HIGH GROUNDWATER TABLE. IT IS RECOMMENDED THAT AT
LEAST ONE FOOT BE ADDED TO THE SEASONAL HIGH
GROUNDWATER TABLE TO TAKE INTO ACCOUNT FUTURE
SEASONAL FLUCTUATIONS; IF FUTURE EXPANSION OF THIS
DISPOSAL SITE IS TO OCCUR(GREATER THAN 2 ACRES), THEN
A FOUR FOOT SEPARATION TO THE SEASONAL HIGH WATER
TABLE IS REQUIRED;
6. WASTE SHALL NOT BE DISPOSED OF IN WATER OR ALLOW
WATER TO IMPOUND IN OR AROUND LCID WASTE. An outlet to
the mine may be needed to allow storm water to leave the mined
area, contact Land Quality If this is contrary to your approved mining
permit;
7. IT IS THE RESPONSIBILITY OF THE OWNER/OPERATOR TO
VERIFY AND HAVE DOCUMENTATION THAT THE SITE MEETS
ALL APPLICABLE ZONING REGULATIONS.

. OCT.27.2004 10=4%M NCDENR WIRO NO.711 P.3
i
Mr. Simmons
Page 3
October 20, 2004
8. LCID LANDFILLS CAN NOT RECEIVED WOOD ASH FOR
DISPOSAL_,
Items 2 thru 8 should be followed to help the operator maintain the facility in compliance
with the siting and operating rules(i.e. .0564 and .0566) of the SOLID WASTE
MANAGEMENT RULES.
If this property is sold, leased, conveyed or transferred, the deed or other instrument of
transfer shall contain in the description section, in no smaller type than used in the body
of the deed or instrument, a statement that the property has been used as a Land Clearing
and Inert Debris landfill.
Amendments or revisions to the Solid Waste Management Rules or violation of
groundwater standards may necessitate modification of the construction and operation of
this facility or closure of this facility. If information in the notification is found to be
inaccurate or false, then compliance action by the Solid Waste Section and/or the local
government with jurisdiction may result in closure of this facility.
If you have any questions or if we can provide any other assistance,please do not hesitate
to contact the Waste Management Specialist, Mr, John Crowder at [phone] or Jim
Barber in Raleigh at [phone] ext: 255.
ank you,
J' Bar r, Supervisor
Permitting Branch
Solid Waste Section
cc: Mark Poindexter
RCO Central File: Brunswick County Notification file

OCT.27.2004 10:49Ar•'1 NCDENR WIRO N0.711 P.4
North Carolina •
Department of Erlvirolzt L . �latural Resources k
Division of Waste Mang ement 4C%
.g
Michael F.)Feeley,Governor � testy-�Reyister of DGedt3
William G,Ross Jr,,Secretary Wbext J' Robin=
William L.Meyer,Director Ir1st 1218317 � .Hook 19738age 508
07/02/2004 u.l3.5tt lI�(1lqS�1�)
LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION
Pursuant to 15A NCAC 139 .OS63(2)(a), the land owner(s) and operator(s) of any Land Clearing and Inert
Debris Landfill under two 12) acres In size shall submit this notification form to the Division prior to
constructing or operating the landfill. This form must be tiled for recordation in the Register of Deeds'
Office. The Register of Deeds shall index the notification under the name of the owner(s) of the land in
the county or counties in which the land is located. The Register's seal and the date, book, and page
number of recording must be Included on this form when submitted to the Division. This notification is not
valid to authorize operations of a landfill unless complete, accurate, recorded, and submitted to the Division
as required by 1SA NCAC 136 .0563(21(b1. ,�rL
1. Facility Name: _ �51 YtkA&0N% w1 I to t
2. Facility location (street address); • 4%1 TRY ON) li oA b
City: µ14C1-OMT County.
3. Directions to Aite: 1=29M 7W6 OU L§gMgLAI OF US !7Q&u5 5 '7 yJ' f.S IS to
'rA4 EL I-VXW_ON w#40wySTR T rMAfflfLY 24 i T 1-w" lsrFr owi
4. The lard on which this landfill is located is described in the deed recorded 1141 in-
deed book: page: C07 county: gR,tA.AiSw1C14-
5. Name of landowner: ST�V� s�rnrrroNS
6. Mailing address of landowner: Y B I C> N6wru
FS��t••'TUi� ��
City:_#4*�SH State, h.iG zip: Z6+I2,4 -;
7. Telephone number of landowner:( 10 1 2 - t91S91
If the land is owned by more than one person, attach additional sheets with the name, address, n
and phone number of all additional land owners.
a. Name of operator: 5T61/6! Cat yy►.MONS
S. Trade or business name of operator: S! vs1 ntANS �N'sTlZ�c 716 I`1 Co '
10. Mailing address of operator: `t810 NBw �R.trr-r�^i LOOP fZoA17
City: A411 State: /u G zip: Z kf z o
11. Telephone number of operator:,( 9 10 1 7_81 `Col Y 4
It the landfill is operated by more then one person, attach additional sheets with the name.
address, and phone number of all additional operators.
12. Projected use of land after completion of landfill operations: CN77�ir� � Af A
srµ q1..L Q&-Count k LAWS V Pb a OpMPPL&Jn oN OP M INl rU G a?ea V07J
1646 Mail Service Center,Raleigh,North Carolina 27699.1646
Phone; 919—733-0692 1 FAX:[phone] Internet, www.ennstate.nc.us/
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER-50%RECYCLED/10%POST CONSUMER PAPER

OCT.27.2004 10:49AM NCDENR WIRO iO.711 P.S
LL • least CO.._. Book 1973Pa ige: 509
The Ulowing aro the applicability,siting, and operating criterfe for Lend Clearing and Inert Debris Landfills operating
under,notification.
From; North Carolina Solid Wasto Management Rules 15A NCAC 130-
,Ot01 CIMNIr101g8
I531 "Land clearing waste'means solid waste which is eon arated sole1v from land cited no sctivldes such as stumps,freas,limbs,brash,ores:,
and Dolor naturally ocawr0p vegetative meter4l.
1641 'Land clearing and inert dobrls IandfWl means a facliftr for tho land disposal of land clearing waste, concrete, brick, concrete black,
urtaantefri hated soil,gravel and rook,untreated end unpainted wood,and ytnd treph.
(561 "Yard trash*rnesns taild waste reawlting from landscaping and yard maintenance such as brush,gram,true limbs,and similar vagoto4we
materials.
.0803 ' APPLICABILITY RED11fREMENTS FOR LAND CLEARING AND INERT DEBRIS(LCID)LANDFILLS
Managrainent of land clearing and inert debris shall be In accordance with the state hiaromhy for managing solid waste as provtdsd Far undar N,C.R.S.
t 20A409.041st.Dlapoegl In a landfill Is considered to be the lout desirable method of managing land Clearing and inert de4fis,Where,Isnd1ollno it
necomery,the raquiromenu of this Aule apply.
III An Individual permlt from the Division or Sold Waste Management is not required for Land dnsffng and Inert Debris ILCIDI landfills that most
all of the feftowing coedltloa ,
lit The facility is to be operated far toe dlsposol of iend Clearing wane,inert debris,whtrestad wood•and yarn trash.Operallons must
be consistent and in complfphca with the local government aDod waste menagamerit plan as approved by the Division of Solki
Warta Merragsfnant.
1111 The total disposal arse jib under two serer ill size.'
let The facility and practices comply with the siring crlte►Is undo flute M64,'and bparatfogat requiremarite under Hyde.o6aa.
(dl This fill actM ty Is not oxampt from.epel Mist Comply with ell other.Fadaral,State,or Local Iowa,ardinanees,Rulsm,rsgd Wans,
w orders,inclWft but not ilr4lltod to toning rastriWans;NOW plain restrictions,wetland esestrictiona.a:adimentedon and erosion
control raquirknlants,and mining regulations.
(21 Whore an ind lvidual pafmit in not required,the following applies:
lei' The owner of the land where the landfill is Owned must nodfv the Division on a prescribed farm,duly Monier notarized,and
recoeded s4or Aida,0063i2)ibl.The operator of the landflu,if different frorrt,lhe land owner,shed also sign the notification farm.
.ibt The owner must file the proscribed notlflaadeh form for racardation in the Re ilster of Deeds'Office.The Register of Deeds shall
indsx the hatificitdoti In the orsetar:laeax wilder the name of,tnp•awnar of the land,in the county OF equntiaa in whfcl%the lond to
taaated.A copy at the rboorded notification,effbred with the Ragletar's meet and the date,book and paps number of rocttrdfno shall
be,tram to the Division of Solid Waste Mariegarnortr. . 'v, ,,
rcl When the land an which the Lend Cleering and Inert Debits Landfill is said,leasod,conveyer,Or uansferrad in any mannet,the
deed or other lnevurfitnt of tfonsfer shall contain in the description section In no smaller typo than that used In trio body of the
dead or lnahloinc tt a statement that the property has boon used as a Lend Clearing and Inert Dobrie Landfill ens a reference by
book end,psga.tD the recordation of the flotlAatIon.
.0664 SITING CRITERIA FOR LAAID CLEARIi10 AND INERT DEBRIS IWID1 LANDFILL6
Tits fallowing altino Criteria&hell apply for land Clearing and inert Debris 1=01 tafrldrlls:
Ill Facilities or practices,ahsll not be Ir cstad In the 100-vear flaodplain•
12) facilities or practical stall riot cauia or contribute to the taking of erw endangered at threetaned species of plants.Itch,or wildlife.
431 Facilities at practices ahaK not Insult In the dmtrvctlen or edvorso modification of rho crhIcH habitat of endangered or thromnsd spochs as
Idamllled In 60 CPR Part 17 which is hereby incorporated by reference Including any aubasquent amendments and editions.This material is
ovailabla for irampeetion at the Deportment at Environment,Health,and Natural RosourOW,Division of Solid Waste Management,401 Oberlin
Hood,Raleigh,North Carolina 2740Q.-whale copies can Its obtained at no cost.
lad Facilities or praetfess shall not demage or destroy sot areh000lagleaf or hietertcel sit*.
151 Facilities or practices shell not come&an adverse impact on a state porid,recreation or acmma era.,or any ether Iand■Included In the state
nerwe and historic preserve.
161 Factollaz shall not be,located in any wattling as daNned In the Clean Water Act,Section 404(b).
(71 It must be shown that adaquatt suiabie soils are svailcble for cave?,althar from an or air alto.
Ill) Land Clearing and inert Debris landfills shall Mae%the fallowing surface and ground water raqulrem4fits:
lot Famlitws or practices shall not cause a discharge of palltitents Igt6 veptore Chris IROW that Is In violation of the ragwiromamt of
the Natlagpf Pollutant Discharge Elimination System(NP91:51,under Section 402 at the Clean Water 40t,as emended.
lb1 Fadtlties or practleet sr4il oat cause a drserhorge of dra4ged matmdsls or fill materiel Into waters of tho state that Is In violation
of the reetuirements under Socilon 404 of the Claim watt►Act,as amen dad.
lei Facilities at'prariloss shoo not cauco non-point a ourco•pollution of Winer of the state that violate*essioAdd water quetity
ctonderca.
loll Waists in landfill with a disposal was @mew than two scros chap be ploold a minimum of faun fast ebovq the jusanel high water
table,sxeep%where an shsmadwo separation is approved by the Division.
led Wame in landfills with o dApg-W area lase thin two acres shall be placed above the seasonal high water table.
lei Tom facility shall most the following minxTluht ll gftr iou retrterlts:
(a) 60 fiat f fam tha waste c oundary to a0 eyrfoca waters of the stets as defined in G.S. 143.212.
tel 100 Foot from the disposal area to property ones,ratldendol dWeuings,Commaralel or public bwrdings,ind wads,
(c1 Bultst raquiremsua may be adjusted as natesseN to insure aduawato ptateatlori at public fuoalrh and tho onvlrenmant.
(lot The ftaflftyshall meat Oil raqulrertlenn of any applicable sClMnfj ordinance.
.06aG OPERATIONAL REWIREMENTS FOR LAND CLEARING AND eY6FRT DrVRl6(LCIDI LANDFILLS
Land Clsarinp and Inert Debris ILCID)landfills shail meat the foilowing,o eratlanel requirements:
(t) ' ' Oporsgonef plaris fbtla bti approvou and rhonwed am epeoiflodfor thb faoilhY
121 Tho foollity shall only accept%home solid westos which it fa permntod to receive,
131 tidid wants shop be rastdetad to the omalllst area feasible end compacted as don9aly to pfeCtieal into calls.
l4l Adequate felt cover shell be appl-od ntanthly,or when the active area reseNm one Cato In size,whichever occwm Oral.
2

OCT-27.2004 10*-50AM NCDENR WIRO NO.711 , P.6
Im-t # 29317 mook 1973Page: 510
131 120 calendar days stem eompteden of any phase of cusposal apantlons,or upon ravacatlon of a permit,the dt■posai ores shall be C&M ad
with a minimum of one foot of suitable sail cower sloped to allow surface water runefl Ina controlled mammar.Tits Division mey ragom further
action In order to eoxrxt any condition which is or may became in)udaus to the public fission,or a nuisance to the community.
(at Adequate erasion control measures,structures,or devleas shalt be udlited to prevent silt from leaving the she and to wavont Oxcesslve on
site erosion.
(7) Provisions for a ground haver sufficient to restrain erosion mual be ecsomplishcd within So working days or 120 catendsf days upon
completion of any phase of landfIN development,
(0) The facility shalt be adequately saeutocl by means of Metes,dveina,berme, larWas,ON.to prevent unauthorized aceeee Oxcapt when an
operator In on duty.An attendant shall be an duty at sit times while the landfill Is open for public uaa to assure compliance with operational
raqui raments and td erovent aaaaptamce of unoutharlsad wastes,
(MI Access roads shalt be of all-weather construction and property maintained.
Ito) Surf see water shell be diverted from the workine face and shell riot be Impounded over west..
01) solid wool shale not be disposed of in water.
(12) Open burning of solid waste Is prohibited,
1131 The concentratton of explosive Maass generated by the feclllty shelf not exceed:
to) Twenty-five portent of the lower explosive itmir for the gases in facility swut tuna,
lb) The lawor explosive limit for the gains at the property boundary.
1141 Loochate ahell be properly managed an sits through the we al current best monagament preegcec
(151 Should ft WAsieA deem 11 necessary,ground water or surface watef manitoring,at both,me be raquirod as provided for under ftulas•0001
end,0802 of this Subchapter,
(1 e) A sign shall be posted at the facility entrance showing the contact noms and number in case of en emergency and the permlt number.The
permlt number requirement Is not opplitzable for fabiltdes not requiring an individual parmh,
Certification by Land-owner:
I certify that the Information provided by me in this notification is true, accurate, and complete to the best
of my knowledge. The facility siting and disposal operations of this Lang Clearing & Inert Debris landfill
will comply with the requirements of Sections ,0563, ,0564 and ,0565 of 1 SA NCAC 13s, North Carolina
Solid Waste Management Rules. The facility and operations of thla landfill will tslso comply with all
applicable Federal, State, and Local laws, rules, regulations, and ordinances. Where the operator is
different from the land owner, I, the land owner, have knowledge of the operator's plans to'dispose of
solid waste on the land and i specifically grant permission for the operation of the landfill. I understand
that both the land owner and operator are jointly and severally liabie for improper operations and proper
closure of the landfill as provided for by North Carolina General Statute 1 SOA-309,27, I further understand
that North Carolina General Statute 13OA-22 provides for administrative penalties of tip to five thousand
dollars($5,000.00) per day per each violation of the Solid Waste Management Rules. I further understand
that the Solid Waste Management Rules may be revised or amended In the,future and that the facility
siting and operations of this landfill will b e uI to comply with all such revisions or amendments.
.Sim no.US r , 4 —so : d�
Print Name (owner) Sigrieture (Owner) Data
North Carolina
County
I, �1 , a Notary Public for said County and State, do hereby certify
that ��„�1 5►awt!mn S __ personally appeared before me this day and acknowledged the due
�tNIr�l,rlf
expt7��613o ",foregoing instrument,
ss rn~h .In official seal, this the �"� day of 20.
� o��Rr r . .
( ficialOn) U
Public
�rlNrti»�tt"�
3

OCT.27.2004 10-SORM NCDENR WIRO NO.711 P.7
Irtst i# 218317 eaok�at, ail -
Cerdflcatlon by Landfill Operator(if different from Owner):
I certify that the information provided by me In this notification is true,accurate,and complete to the boat
of my knowledge.The facility siting and disposal operations of this Lend Cioamna&Inort Debris landfill
will comply with the requirements at Sections.0663,.0504 and.0566 of 15A NCAC ISO, North Caroline
Solid Waste Management Rules. The faciilty and operations of this landfill will also comply with all
applicable Federal. State, and Local laws, rules, regulations, and ardlfMencos, I have Informed the land
owner of my plans to dispose or solid woe;*on the land end the land owner has Specifically granted
permission for the operation of the landfill.I understand that both the operator and lend owner are jointly
and severally lleblo for Improper operations and proper closure of the landfill as provided for by North
Carolina General Statute 13OA•308.27. I further understand that North Carolina General Statute 130A-22
providaa for administrativa penalties of up to five thousand dollars 106,000,00)pordey par each violation
of the Solid Waste Management Rules. i further understand that the Solid Waste Management Rules may
be revised or amended in the future and that the facility siting and operations of this landfill will be
required to comply with ail such revlslons orr a+mendma u,
Print Name(Operntorl Signature (Pparatorl Oslo
North Carolina
rLrfi�r�� L ,County
I, a Notary Public far sold County and State,do hereby certify
that *F1%;kclt&wr3% personally appearad before rote this day and acknowledged the due
e pp f i t toregolno instrument,
5my d offlaial seal,this the day of 20 J4
r
i fflalete6llbfl
'X.s Y Public
ties 20'D
1rr
For additional land owners and landfill operators, attach eaparate notarized certifications for each
additional land owner and landfill operator.
For Corporate land owners end/or oparatorsr use the Corporate Certifications,pagae 5 and 6,Contact the
Division of Solid Waste Management for proper applicable certifications,
tNeTRUCF10143
ewpeaat Neditacoa of iend garktp and Mat Debdr L M111le Imdw two IU oerae 1111118 IS rott,lrea atkal 16 NCAC 139.D1fa11111e1.
Contect the Saud wawa akdon et the edema betaw for fwnaw IMormnian,
olu,arplatt Mae aanaleted rumw Maloof ttatllicpttmt p tM I01 owimo eddrerat
Di►ielaq of Sogd Mug wmapemem t
saw wuto saetlen
1 e4e waM 6ertdee Cem.r , ;. .
holewNharthearollna 1�es>tte�a
481 e1 r3s•0su
alapostlom this Ion wql be ttatl Nmw to file Stare Raearaa Gale warn rermnee.ahta aide a tua M Aew ror 0aaneY In the Sh a
Rpearee Comm Roe lot atlMM"wean and then 1ruPlelrw to tAe ttrtaper of tpa outmVae.
4
STATE OF NORTH CAROLINA
ri COIUNTYOFBRUNSWICK
The Foregoing(or annexed)Cartiricate(s)of SAeftrNa B BABSON
t
Nnrary(les)Public is(are)Certified to be Cornett.
� This Instrument was filed for Registration on this_ 2nd Day of
t 'yin the Book and page shown an the First Page hcrcof.
i .' ' ISO RurINSON,Resistor ofDoods

PA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons,PG, PE Michael F. Easley, Govemor
Director and State Geologist April 29, 2005 William G. Ross Jr., Secretary
Certified Mail
Return Receipt Requested
7002 3150 0003 7053 8624
Mr. Steve Simons
Simmons Construction Company
Route #1, Box 393A
Ash, North Carolina 28420
RE: Simmons Mine
Permit No. 10-35
Brunswick County
Lumber River Basin
Dear Mr. Simmons:
We have reviewed the renewal request your company submitted for the referenced.,
mine site. However, the following information is needed to continue processing your'
application:
1. On January 9, 2004, a notice of violation was issued to your company. Land
Clearing and inert debris was brought onto the site without authorization. A letter
dated January 26, 2004 from East Coast Engineering stated proof that an LCID
permit issued by the Division of Waste Management was going to be submitted.
To date, we have not received proof that your company has obtained the
necessary approvals from DWM. I have enclosed copies of the correspondence
for your review. Provide proof that you have.
2. In order to allow an LCID landfill at this site, a modification must be submitted
showing the area the material will be placed and how the area will be reclaimed.
A modification fee based on the acreage must be submitted.
Please be advised that our review cannot be completed until all of the items listed
above have been fully addressed. In addition, please note the Land Quality Section may
request additional information, not included in this letter, as the mining application review
progresses.
1612 Mail Service Center, Raleigh, Forth Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Certified Mail .
Mr. Simmons
Page 2
In order to complete the processing of your application, please forward two (2) copies of
the requested information to my attention at the following address:
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days
from the date of your receipt of this letter to submit all of the requested information. If you are
unable to meet this deadline and wish to request additional time, you must submit information,
in writing, to the Director clearly indicating why the deadline can not be met and request that
an extension of time be granted. If an extension of time is not granted, a decision will be made
to grant or deny the mining permit based upon the information currently in the Department's
files at the end of the 180-day period.
Though the preceding statement cites the maximum time limit for your response, we
encourage you to provide the additional information requested by this letter as soon as
possible. Your prompt response will help us to complete processing your application sooner.
Please contact me at [phone] if you have any questions.
4;unceyrel ,
dith A. Wehner
Assistant State Mining Specialist
Land Quality Section
Enclosures
cc: Mr. Dan Sams, PE, w/enclosures
Mr. J. Christian Russell, w/enclosures - East Coast Engineering, PO Box 2469,
Shallote, NC 28459

A
AP 6
WDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D.Simons, P.G., P.E. January 09, 2004 Michael F. Easley, Governor
Director and Slate Geologist Wiliam G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT RE UESTED
NOTICE OF VIOLATIONS OF MINING PERMIT
Mr. Steve Simmons 7002 3150 0003 7051 6172
Simmons Construction Company
4810 New Britton Loop Road
Ash, North Carolina 28420
RE: Mining Permit No. 10-35
Simmons Mine
Brunswick County
Lumber River Basin
Dear Mr. Simmons:
This is to inform you and/or your company of violations of the above referenced mining
permit.
On January 5, 2004, personnel of this office inspected your mine, copy of inspection report
attached, and determined that one or more of the conditions contained in your mining permit are
being violated. The conditions being violated are as follows:
1) Operating Condition No. 10A: 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 Solid Waste Management (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.
A substantial amount of off-site generated refuse and other solid waste has been dumped
within the permit boundaries.
2) Operating Condition No. 11: An Annual Reclamation Report shall be submitted on a form
supplied by the Department by February 1 of each year until reclamation is completed and
approved.
The Annual Reclamation Reports have not been submitted for the year 2001 and 2002.
Geological Survey- Land Quality • Geodetic Survey
Division of Land Resources• 1612 Mail Service Center,Raleigh,North Carolina 27699-1612
512 North Salisbury Street,Raleigh,North Carolina 27604
919-733-38331 FAX: [phone] l Internet: www.dlr.enr.state.nc.us/dlr.htm
An Equal Opportunity 1 Affirmative Action Empfoyer—50%Recycled l i0%Post Consumer Paper

30A 111 East Coast
En&eering Company, P.A.
4918 Main Strut
Fax: [phone]' Consulting Engineers Past Office Box 2469
Office: 910.M8029 Shaltotte,NC 28459
January 26, 2004
Mr.James D. Simons, P.G., P.E.
NCDENR, Division of Land Resources
Land Quality Section
1612 Mail Service Center
Raleigh, North Carolina 27604
Subject. Simmons Mine
Mining Permit No. 10-35
Notice of Violations of Mining Permit
Dear Mr. Simons:
Mr. Steve Simmons received a Notice of Violations of Mining Permit issued by your office on
January 09, 2004. In response, Mr. Simmons has retained our firm to address the violations. Our
Firm will be preparing the annual reclamation reports and updated mine maps for 2001, 2002 and
2003, and submitting a mine modification request to allow on-site disposal of refuse or other solid
waste that is generated outside the mining area. In addition, our firm will be applying for a
disposal permit with the Division of Solid Waste Management.
Our office will begin by submitting an application to the Division of Solid Waste Management.
Upon receipt of the approved permit, a mine modification request will be submitted to your
office for approval. Should you have any questions or require additional information, please
contact our office.
Sincerely,
Elizabeth M. Nelson, EI
cope Mr. Steve Simmons
Mr. Dan Sams, PE, NCDENR Wilmington
File 0606 (Simmons Mine)

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross Jr.,Secretary
John Morris, Director
April 25, 2005
MEMORANDUM
TO: Brenda M. Harris
Mining Program Secretary
Land Quality Section
FROM: Kristen B. McSwain "` APR a 5 2005
Water Allocation Section ( f
Division of Water Resources
}_ . L.'N!,OUAI. 7 .
SUBJECT: Comments on the Mining Permit Renewal Request for:
Simmons Construction Co.
Simmons Mine : Permit Number 10-35
Brunswick County
Please find attached a copy of the mining permit modification request for the above
referenced project. The Simmons Mine site located in Brunswick County should not have an
unduly adverse effect on ground water supplies.
Any water withdrawal will be subject to North Carolina General Statute 143-215.22H;
Registration of Water Withdrawals and Transfers Required. Any person who withdraws in one
day 100,000 gallons (70 gpm) or more of surface water or ground water in North Carolina is
required to register the withdrawal with the Division of Water Resources. A Central Coastal
Plain Capacity Use Area permit must be obtained from the Division of Water Resources if the
withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret, Craven, Duplin,
Edgecombe, Greene,Jones, Lenoir, Martin, Onslow, Pamlico, Pitt, Washington, Wayne, or
Wilson County.
1f you have further questions please contact me at [phone] or send
correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611.
Raleigh Forth Carolina 27699-1611 NorthCarolina
1611 Mail Service Center, , ��,��1,�//�
Phone: [phone] FAX: [phone] Internet: www.ncwater.org `L

AT
i_
NCDENR -
North Carolina Department of Environment and Natural Resources '
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist April 1, 2005 William G. Ross Jr., Secretary
MEMORANDUM
TO: Mr. Nat Wilson
Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harris
&AS--
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Renewal for Simmons Construction Co.
Simmons Mine
Brunswick Count y
[]Mine Dewatering Proposed ® No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit modification
request for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on April 25, 2005 so that we may complete our review of
this request within our statutory time limits.
Any comments your agency can provide regarding potential effects on potable
groundwater supplies and groundwater quality will be appreciated. We would like to
have any recommendations you may provide for permit conditions, for reasonable
protection of groundwater quantity or quality.
If your staff wishes to perform a site inspection, it is recommended that they
contact the person submitting this request to set up a convenient date and time. Also,
please send a copy of your comments to the person noted in the application.
PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
lbmh
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center. RalPiah. North Carolina 27699-1612 - 919-733-4574 ! FAX: [phone]

LAND QUALIT
Y Y SECTION REGIGNI OFFICE
MINING APPLICATION REVIEW CHECKLIST_zr mooi
'r �•
'LICATIONIPERMIT NO.: to • 3s„ ACTION: New Modification enewaf Transfer Releas
APPLICANT NAME: ,uo a MINE NAME: 02 4 f COUNTY: I r
Administrative Issues:
A. Is the site currently under NOV? Yes No xplain:
B. Is the site under CAMA jurisdiction? Yes No Explain:
Field Issues:
A. Are potential wetlands and watercourses properly indicated on the Mine Map? es No Explain:
B. Are the proposed buffer zones adequate? _No Explain:
C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? `IQ No
Explain:
D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? Yes No
Explain: !y
E. Is visual screening needed? Yes Explain:
Are the proposedUNo
ion and sedimentation control measures properly located to prevent offsfte
sedimentation? Explain:
G. Is the proposed revegetationlreclamation plan acceptable? Yes No Explain:
Date inspected: y•Cs'
Erosion and Sedimentation Control Plan Review:
It is the responsibility of the Regional Office staff to verify the adequacy of the E&S measures. Please provide
any concerns or comments:
1
i
Other Comments:
Z r--/F M&L /i N_ _yT— 04,06,40pe Afr&1.0 OX �or7�.9 2� -
_,NFE.c�i /'fir�t .�4•i,��/ru rL[ •s�'� — -
Who was the application routed to and when?:
Division of Air Quality: — Date: -9Y -vf
Division of Water Quality (Water Quality Section only): 3Fc+, Date: y•N dS
i Other: Date:
Inspector/Reviewer's Name: :75 ' ,/ l64,1 Date:
Regional Engineer's Name: Date:

MINING PERMIT APPLICATION REVIEW FORM
for
DIVISION OF AIR QUALITY
Project: s',mrr,�r�,5 /�,nF_ /o- , County: Birur�Su�i4/�
**Due Date for Comments Back to Land Quality Section: 20T�S— .
4va c 7GnJ
Will the operation, as proposed, violate standards of air quality?
Comments:
oC r&tsh tr a i ,* r, 7
YES ND
Air permit required A
Air permit existing (Permit # ) X
Other Comments: 6/04
o _ n a O r w S Y- * r a,f,
Reviewed by: _ Date: y� '
Print Name: �ea,A, L-A r r0
t 10/2000

733 ZB� �
MINING PERMIT APPLICATION REVIEW FORM
for
DIVISION OF WA TER QUALITY
7 -
Project: ��.�.non� _ 1�.v�-= --//J-3S _ County: _r�f�uJre-i�
*Due Date for Comments Back to Land Quality Section: ZD •O.f �*
Will the operation, as proposed, violate standards of water quality?
Comments: " n
�/.~'�_'7 aG ► °_ _ -�� a-v.P _mac H�� doLIr3
� O�
Watershed/Stream Name & Classification: rt'c7 �KA/1 , r2i y 2
C L,q-S5 SGv N u�
YES NO
NPDES permit required
NPDES permit existing (Permit
Nondischarge permit required
Nondischarge permit existing (Permit # 1 ✓
Wetlands disturbed
401 Wetland Cert. required
401 Wetland Cert. existing _ (Permit # 1
Reviewed by: 5i) Date: r7
Name:
I M000

RECEIVED
APR 19 2005
LAND QUALITY SECTION

04/14/2005 12, 05 9103502018 NCDENR PAGE 01
• Post-its Fax Note 0671 Dat° AC i /r�,U P89Bs�
or.� L4 . l
Co./l?epl. Co,
Phone# Phone 4
MINING PERMIT API °x Fax
DIVISION OF WATER QUALITY
Project: J.e","anf_ 871:14 --/a 3S Cvunty: <
**Due Date for Comments Back to Land Quality Section:_ Zd Gc
Will the operation, as proposed, `violate standards of water quality?-
Comments:
r
&126 4 cc
Watershed/Stream Name & Classification: qTT-0- HAU4-ZE0?�e4.
YES NO
NPDE5 permit required
NPOES permit existing {Permit
Nondischarge permit required
Nondischarge permit existing (Permit #�)
Wetlands disturbed
401 Wetland Cert. required
401 Wetland Cert. existing (Permit # 1
15�0 / J 'Reviewed by: 00� bate:
1012000

04/14/2005 12:05 9103502011& NCDENR 0 PAGE 02
MINING PERMIT APPLICATION REVIEW FORM
for
DIVISION OF AIR QUALITY
Project:.5��'?�"on,s „�F /o ' �� C�unty:_[grzunsc���i�
**Due Date for Comments Back to Land Quality Section:,
Will the operation, as proposed, violate standards of air quality?
Comments:
r K$ t r 40t o 1 e r. D� ]
r .kr a ,"O r, A /d
YES NO
Air permit required A
Air permit existing (Permit # ) X
Other Comments: N#
p U6 A0P rKS ., r r r . '!
Reviewed by: Date: Y— S - a r
Print Name: `u�AL-M C r r49
1012000

04/14/2005 12: 05 9103502018 NCDENR PAGE 03
•
LAND QUALITY SECTION REGIONAL OFFICE
MINING APPLICATION REVIEW CHECKLIST -2oi2oo+
I .
'LICATIONIPERMIT NO.: o • 3s- ACTION: New Modification enewal Transfer Relea:
APPLICANT NAME: � �uo��o_nS F _C'. MINE NAME: , ;� +��__ COUNTY:
Administrative Issues:
A. Is the site currently under NOV? Yes No xplain:
B. Is the site under CAMA jurisdiction? Yes No Explain:
Field Iss ,s:
A. Are potential wetlands and watercourses properly indicated on the Mine Map? es o Explain:
B. Are the proposed buffer zones adequate? kei No Explain:
C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? 1(4) No
Explain:
D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? Yes No
Explain: PiJw
E. Is visual screening needed? Yes g-_ Explain:
Are the proposed erosion and sedimentation control measures properly located to prevent offsite
sedimentation? - No Explain-
G. Is the proposed revegetationlreclamation plan acceptable? Yes No Explain:
Date inspected: y-DS"
Erosion and Sedimentation Control Plan Review:
It is the responsibility of the Regional Office staff to verify the adequacy of the EIS measures. Please provide
any concems or comments:
Other Comments:
`
Who was the application routed to and when?:
Division of Air Quality: Dedd c&e'12o4- Date: Y. Y -v.
Division of Water Quality (Water Quality Section only): r� Ec�� Date: _y•g,• o.S
Other: Date.
InspectorlReviewer's Name: Date: V-.-V-•Os—
Regional Engineer's Name: Date:

MINING CHECKLIST FOR ROUTING
Applicant's Name: r LIProject Name:
Applic./Permit No.: /033 -County: Date Received:
Reviewer: River Basin Name: 'knAv
❑ New '216newal ❑ Modification (inside permit boundaries)
❑ Modification (outside permit boundaries) ❑Transfer ❑Release
❑Partial Release ru ❑Additional Information El Fee. Needed: $
�ec Received: $ 0�
Regional Office (2 complete cop s; attach the "LQ5 e+�aI
Office Mining A placation Review Checklist" to one copy--�a d'attach � e OW
"Mining Application Review Form"to the other copy;rsend both copi s the ona Engineer)
f Date: Routed / S e 'd
vision of Water Resources Date. Routed Rec'd
�C Wildlife Resources Commission Date: Routed r Rec'd
❑ U5 Fish & Wildlife Service Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
}
Pluee route first 3_12age5 of the application and any location mane to-
s t
❑ Division of Parkc7 & Recreation Date: Routed Rec'd
❑ NC Geological Survey Section Date;--Routed Rec'd
(Only new applications and modification requests that add land to the permit)
❑ Division of Archives & History Date: Routed Rec'd
(Only new applications)
❑Other: Date: Routed Rec'd
**5uopen5e Date for Comments: 4Jb5 (no later than 25 days
from receipt)
,-.Alease note the foilowing: 'U
A VA
UAL
`tj VIA

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist April 1, 2005 William G. Ross Jr., Secretary
MEMORANDUM
TO: Mr. Bennett Wynne
Habitat Conservation Program Coordinator
Wildlife Resources Commission
FROM: Brenda M. Harris
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Renewal for Simmons Construction Co.
Simmons Mine
Brunswick Count y
Please find attached for your review a copy of the mining permit application
request for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)).
Please respond by April 25, 2005 so that we may complete our review of this request
within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site
sedimentation. However, any comments your agency can provide regarding effects on
wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to
perform a site inspection, it is recommended that they contact the person submitting
this request to set up a convenient date and time. Also, please send a copy of your
comments to the person noted in the application. RETURN ALL APPLICATION
MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
/bmh
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center. Raleiah. North Carolina 27699-1612 - g19-733-4574 / FAX: [phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist April 1, 2005 William G. Ross Jr., Secretary
MEMORANDUM
TO: Mr. Nat Wilson
Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harris �aT+` �`C-
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Renewal for Simmons Construction Co.
Simmons Mine
Brunswick Count y
❑Mine Dewatering Proposed ® No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit modification
request for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on April 25, 2005 so that we may complete our review of
this request within our statutory time limits.
Any comments your agency can provide regarding potential effects on potable
groundwater supplies and groundwater quality will be appreciated. We would like to
have any recommendations you may provide for permit conditions, for reasonable
protection of groundwater quantity or quality.
If your staff wishes to perform a site inspection, it is recommended that they
contact the person submitting this request to set up a convenient date and time. Also,
please send a copy of your comments to the person noted in the application.
PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
Ibmh
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center. Raleiah. North Carolina 27699-1612 • 919-733-45741 FAX: [phone]

y. r pjlf M.IIY fw�wwr—e dwfwwlfN'1.f \'f�f �wiF JJIw✓�'f- I-
t4 `j \j°, f'SIMMONS CONSTRUCTION, ,'i;r.\
STEVE'ON-BARBARA'SIMMONS'
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11'

East Coast
Engineering Company, P.A. 4918 Main Street
Fax: [phone] Consulting Engineers Post Office Box 2469
Office: 910.754.8029 Shallotte,NC 28459
Marrh 30,2005
Mr.James Simons PG,PE
Director of the Division of Land Resources
N®ENR- Land Quality Section
512 North Salisbury Street
Raleigh,North Carolina 27611
Re: Simmons Mine Site Permit#10-35 request for permit renewal
Brunswick County,North Carolina
Dear Mr. Simons:
On behalf of our client we are requesting a renewal of the permit for the Simmons Mine, permit
number 10-35 for a period of 10 years. The operation of the mine will in no way invoke any of the
seven (7) denial criteria as outlined under G.S. 74-51 of the Act. There are no expected changes in
the operation of the mine and no additional land will be added to the permit area
If you require additional information or have any questions,please contact our office.
Sincerely,
J. Christian Russell
copy- Mr. Steve Simmons
File: 606 (Simmons Mine Site)
RECEIVED
MAR 31 2005
LAND QUALITY SECTION

•
East Coast
Engineering Company, P.A. 4918 Main street
Fax: [phone] Consulting Engineers Post Office Box 2469
Office: 910.754.8029 Shallotte,NC 28459
Mamh 30,2005
Ms.Judith Wehner
Assistant State Mining Specla ist
N®ENR- Land Quality Section
512 North Salisbury Street
Raleigh,North Carolina 27611
Re: Simmons Mine Site Permit#10-35 Renewal
Brunswick County,North Carolina
Dear Ms. Wehner.
Enclosed are the design plans and NC Muting Permit Renewal Application for the Simmons Mine
Site.
Enclosures are:
1. Six (6) copies of mining application.
2. Six(6) copies of a 7.5 minute quadrangle map showing the site location.
3. Six (6) copies of the Brunswick County highway map showing the site location.
4. Six (6) copies of the mine map and reclamation map.
5. Six (6) copies of the renewal request letter.
Upon reviewing the application, please notify our office so that our client may proceed. If you
require additional information or have any questions,please contact our office.
Sincerely,
REC D
J. Christian Russell M 0 2005
copy: Mr. Steve Simmons LAN QUALITY SECTION
File: 606 (Simmons Mine Site)
RECEIVED
MAR 312005
.AND QUALITY SECTION

NORTH CAROLINA
MINING PERMIT APPLICATION
State of North Carolina
Department of Environment
And Natural Resources
Division Of sand Resources
Land Quality Section
RIECENED
MAR 3 0 2005
LAND QUALITY SECTION
1612 Mail Service Center
Raleigh , North Carolina 27699-1612
(919) 733-4574
Revised 4/2002

NOTE:
It is recommended that you contact the appropriate
Regional Office (see Regional Office listing in the back
of this booklet) or the Raleigh Central Office for a
PRE-APPLICATION MEETING
To discuss your intentions and address any questions

• •
MINING PERMIT APPLICATION REVIEW
PROCESS FLOWCHART
BEGINNING OF PROCESS
Application received by Land Quality Section/
State Mining Specialist Applicant issues
Public Notice
F
pplication assigned to
nt State Mining Specialist
Assistant State Mining Specialist/Program Secretary
routes application for review and comment
L- I
- U.S. Fish & Wildlife Service F
Land Quality Section Regional Office- N. C. Geological Survey
- Wildlife Resources Commission
- Division of Water Resources
- Division of Archives & History -Division of Air Quality
- Division of Parks & Recreation - Division of Water Quality
- Others as appropriate
Review Public Comments;
All application review comments forwarded to public Hearing Passible
Assistant State Mining Specialist .......4.......0....................•
Is application complete?
If"NO", Assistant State Mining
Specialist drafts a letter requesting
If"YES", Assistant State Mining additional information from applicant
Specialist drafts the proposed
permit action
Additional information from
applicant received and routed
to/reviewed by Assistant State Mining
Specialist and Land Quality Section
Regional Office
!2o to*l

1
Application & proposed permit action
reviewed by State Mining Specialist
Is application &
proposed permit action
complete/acceptable??
If"Yes", the following permit actions
are issued by the State Mining Specialist: If"No", application & proposed
-Draft Permits permit action returned to Assistant
- Permit Transfers/Name Changes State Mining Specialist for revision
-Bond Substitutions
-Permit Releases (go to )
7 -1 --
END OF PROCESS
For other permit actions, if"Yes",
application & proposed permit action
forwarded to and reviewed by Land
Quality Section Chief
Is application &
proposed permit action
complete/ acceptable??
If"NO", application & proposed permit
If"YES", application & proposed action returned to State Mining Specialist/
permit action forwarded to and Assistant State Mining Specialist for revision
reviewed by Division Director (go to
Is application &
proposed permit action
complete/acceptable??
If"YES", the proposed permit action is If"NO", application & proposed permit
issued by the Division Director action returned to Section Chief/State Mining
Specialist for revision
END OF PROCESS (go to *)

1
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine Simmons Mine County Brunswick
River Basin Lumber Latitude (dd.mm.ss) 33°58'28" Longitude(dd.mm.ss) 78025'44"
2. Name of Applicant* Simmons Construction Company
3. Permanent address for receipt of official mail** Rt 1, Box 383A _
Ash,NC 28420
Telephone 91 A-287-6744
4. Mine Office Address same as above
Telephone same as above
5. Mine Manager Steve Simmons
We hereby 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 t�-- c�� Date
Print Name Steve Simmons
Title President
* This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond (security_)that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone 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.
-1-

APPLICATION FOR A MINING PERMIT
■ NOTE: All of the following questions must be thoroughly answered with regards to 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
Answer all of the following that apply:
1. a. If 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 that 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:
b. If this is an application for RENEWAL of a mining permit,indicate the mining permit number and
the total(overall)acreage covered by the existing permit: Mining Permit No.: 10-35 Total permitted
acreage (this is the acreage that the "renewal" fee will be based upon): 7
c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit
number and the total (overall) acreage covered by the existing permit: Mining Permit
No.: Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
Yes_No _. If yes, indicate the acreage to be covered by this modification(this is the acreage that
the "major modification" fee will be based upon):
Does the modification involve acreage 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 this acreage to be added to the permit, will any portion of this acreage be affected (disturbed,
ground cover removed) by the mining operation? Yes No (if no,a"minor
modification" fee of$50.00 is required, despite the "undisturbed" acreage to be added). If yes,
indicate the acreage to be affected within the acreage to be added to the permit(the total acreage to
be added to the permit is the acreage that the "major modification" fee will be based upon):
d. If this is an application for TRANSFER of a mining permit,indicate the mining permit number and
the total (overall) acreage covered by the existing permit: Mining Permit No.:
Total permitted acreage:
■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO
BE PAID FOR THE REQUESTED PERMIT ACTIONS)AND CORRESPONDING ACREAGE NOTED
ABOVE
2. Name of all materials mined: Sand
3. Mining method: Hydraulic Dredge Front-end Loader&Truck Shovel&Truck
X Dragline & Truck Self-loading Scraper Other(explain)
-2-

APPLICATION FOR A MINING PERMIT
4. a. Expected maximum depth of mine(feet) 12
Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.)
Natural around level_
b. Expected average depth of mine (feet) 8
5. Has any area(s) at this site been mined in the past? Yes X No
If yes, when and by whom was this activity conducted? Steve Simmons 111105
6. Number of years for which the permit is requested (10 years maximum): 10
B. MAPS
1. Clearly mark and label the location of your mining operation on six(61 conies of a 7.5 minute quadrangle
and a county highway map. These maps, in addition to six 6) conies of all mine maps and reclamation
maps, must be submitted with each permit application.
- 7.5 minute quadrangles may be obtained from:
N.C. Geological Survey
NCDENR
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
[phone]
- County highway maps may be obtained from:
Location Department
State Highway Commission
Raleigh, North Carolina 27602
[phone]
-3-

APPLICATION FOR A MINING PERMIT
2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged
topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the
maps along with their corresponding(approximate) acreage. As a reminder,mining permits can
only be issued for up to 10 years; thus, all nine and reclamation maps must only denote those
activities that are intended to be conducted during the life of the mining permit. All maps must be
of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a
minimum:
a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located
including easements and rights-of-way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.
d. Outline and width of all buffer zones (both undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
f. Outline and acreage of all stockpile areas.
g. Outline and acreage of all temporary and/or permanent overburden disposal areas.
h. Location and acreage of all processing plants(processing plants may be described as to location and
distance from mine if sufficiently far removed).
i. Locations and names of all streams, rivers and lakes.
j. Outline and acreage of all settling and/or processing wastewater ponds.
k. Location and acreage of all planned and existing access roads and on-site haul roads.
1. Location of planned and existing on-site buildings.
m. Location and dimensions of all proposed sediment and erosion control measures.
n. Location of 100-year floodplain limits and wetland boundaries.
o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of
the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of
the mining permit boundary, must be provided on the mine map.
p. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining ,
permit boundary which lie directly across and are contiguous to any highway;creek,stream,river,or
other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is
owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of
record of tracts adjoiningthese tracts,that are within 1,000 feet of the miningpermit boundary,must
be provided on the mine map(s). NOTE: "Highway"means a road that has four lanes of travel or
less and is not designated as an Interstate Highway.
q. Map legend:
1. Name of applicant
2. Name of mine
3. North arrow
4. County
5. Scale
6. Symbols used and corresponding names
7. Date prepared and revised
8. Name and title of person preparing map
Map scales should meet the following guidelines:
PERMITTED ACREAGE MAP SCALE
0-99 Acres 1 inch= 50 feet
100-499 Acres 1 inch = 100 feet
500+Acres 1 inch= 200 feet
(NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items)
-4-

APPLICATION FOR A MINING PERMIT
A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment
ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the
mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart
similar to the following will be acceptable:
CATEGORY AFFECTED ACREAGE
Tailings/Sediment Ponds 0.21 AC
Stockpiles 0.25 AC
Wastepiles 0.25 AC
Processing Area/Haul Roads 0.29 AC
Mine Excavation 4.90 AC
Other
NOTE: IN ADDITION TO THE ABOVE,THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC
INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN
THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS
THROUGHOUT THE FOW. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE
WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS.
-5-

APPLICATION FOR A MINING PERMIT
C. PROTECTION OF NATURAL RESOURCES
1. Describe in detail the sequence of events for the development and operation of the mine and reference the
sequence to the mine map(s). Attach additional sheets as needed.
1. Install sediment control measures.
2. Clear site.
3. Area will be mined and sediment pond maintained during the life of the mine.
4. Area will be reclaimed when mining operations are completed.
2. Describe specific erosion control measures to be installed prior to land disturbing activities and during
mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine
excavation(s), waste piles, access/mine roads and process areas),and give a detailed sequence of installation
and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures
on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering
designs and calculations shall be required when needed to justify the adequacy of any proposed measures.
The area to be mined will be cleared and a sediment basin constructed such that all runoff from the
disturbed areas will pass through the sediment basin before leaving the site.
3. a. Will the operation involve washing the material mined, recycling process water, or other waste water
handling? Yes No X . If yes,briefly describe all such processes including any chemicals to be
used.
b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to
the waters of the State? Yes No X . If yes, briefly describe the nature of the discharge and
locate all proposed discharge points (along with their method of stabilization) on your mine map(s).
-6-

•
APPLICATION FOR A MINING PERMIT
c. Will any part of the proposed mine excavation(s) extend below the water table?
Yes X No . If yes, do you intend to dewater the excavation(s)? Yes
No X . If yes, what impact, if any, will mine dewatering have on neighboring wells?
Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine
map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any
conclusions or statements made, including any monitoring well data, well construction data and
current water withdrawal rates. Indicate whether the proposed mine locale is served by a public
water system or private wells.
There are no water supply wells within 500' of the proposed excavation area.
d. If you answered yes to any of the above questions, provide evidence that you have applied for or
obtained the appropriate water quality permit(s) (i.e., non-discharge, NPDES, Stormwater, etc.)
from the Division of Water Quality,Water Quality Section. In addition,the applicant is required to
register water use with the Division of Water Resources if the operation withdraws more than
100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if
the operation lies in a capacity use area and withdraws more than 100,000 gallons per day.
4. a. Will the operation involve crushing or any other air contaminant emissions?
Yes No X . If yes, indicate evidence that you have applied for or obtained an air quality
permit issued by the Division of Air Quality or local governing body.
b. How will dust from stockpiles, haul roads, etc., be controlled?
Stockpiles and haul roads will be sprayed with water as required to control dust.
-7-

APPLICATION FOR A MINING PERMIT
5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of-
way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion &
sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance
within the buffer whatsoever),or a combination of the two,depending upon the site conditions. Note
that all buffers must be located within the mining permit boundaries.
How wide a buffer will be maintained between any mining activity and any mining permit boundary
or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer
may be needed depending on site conditions. Show all buffer locations and widths on the mine
map(s).
A minimum of 35 feet will be maintained as a buffer between all mining processes and all
adjoining property or right-of-ways.
b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities
within the mining permit boundaries and any natural watercourses and wetlands unless smaller
undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may
be needed.
How wide an undisturbed buffer will be maintained between any land disturbing activities within the
mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer
locations and widths on the mine map(s).
NIA.
6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries
during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and
minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required,unless
technical justification can be provided to allow steeper slopes.
All top of slopes will be at least 35 feet from any property lines. Side slopes will not exceed 3 to
1 on reclaimed areas.
-8-

APPLICATION FOR A MINING PERMIT
b. Provide a cross-section on the mine map(s)for all fill slopes (berms, wastepiles, overburden
disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofany benches
and/or slope drains (with supporting design information) if needed, and the method of final
stabilization.
No fill slopes will be constructed (see mine map)
c. In excavation(s)of unconsolidated(non-rock)materials, specify the angle of all cut slopes including
specifications for benching and sloping. Cross-sections for all cut slopes must be provided on the
mine map(s).
Maximum cut slope angle shall not exceed a 3 to 1 (see mine map).
d. In hardrock excavations,specify proposed bench widths and heights in feet. Provide cross-sections
of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and
mine benches, and the expected maximum depth of the excavation.
NIA
7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling
house, public road, public, commercial or industrial building from any mine excavation. Locate all such
structures on the mine map if they are within 300 feet of any proposed excavation.
The mining operation will not use explosives or equipment to create vibrations that can damage
adjacent property. The mining operation will be set back from public streets by a wide buffer in
excess of 150 feet. No structures are know to exist within 300 feet of the proposed excavation.
S. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area
and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder
barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each
type of barricade to be used must be indicated on the mine map(s).
No high wall areas are planned for this mine. The excavation area will be surrounded by a wooded
buffer area. All access/haul roads will be gated to limit access.
-9-

APPLICATION FOR A MINING PERMIT
9. Are acid producing minerals or soils present? Yes No X How will acid water
pollution from the excavation, stockpiles and waste areas be controlled?
10. a. Describe specific plans (including a schedule of implementation) for screening the operation from
public view such as maintaining or planting trees,bushes or other vegetation,building berms or other
treasures. Show the location of all visual screening on the mine maps)and provide cross-sections
through all proposed berms or proposed spacing, sizes and species far tree plantings.
No plans have been made to artificially screen the mine from public view. The 35 foot
minimum buffer will provide natural buffering.
b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park,
forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated?
No
11. Will explosives be used? Yes No X If yes, specify the types of explosive(s) and
describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property
from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby
structures, more detailed technical information may be required on the blasting program (such as a third-
party blasting study). Locate the nearest offsite occupied structure(s)to theproposed excavation(s)on the
mine map and indicate its approximate distance to the proposed excavation.
12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes No X
Ifyes, describe these materials, how they will be stored and method of containment in case ofspill. Indicate
the location(s) of all storage facilities on the mine map(s).
-10-

i •
APPLICATION FOR A MINING PERMIT
D. RECLAMATION PLAN
1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate
the sequence and general methods to be used in reclaiming this land. This must include the method of
reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment
of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This
information must be illustrated on a reclamation map and must correspond directly with the information
provided on the mine map(s). In addition, design information, including typical cross-sections, of any
permanent channels to be constructed as part of the reclamation plan and the location(s)of all permanent
channels must be indicated on the reclamation map.
Most of the reclamation area will be reclaimed as a stocked pond. All land not under water will be
permanently vegetated with grass.
2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No
If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled
cross-section(s) through the proposed body(s)of water. The minimum water depth must beat least 4 feet,
measured from the normal low water table elevation, unless information is provided to indicate that a more
shallow water body will be productive and beneficial at this site. Will the body(s)of water be stocked with
fish? Yes X No If yes, specify species.
Bream and Bass.
3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock
including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate
fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent
barricades must be shown on the reclamation map.
No excavations in rock are anticipated.
-11-

APPLICATION FOR A MINING PERMIT
4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on-site mine waste
areas,including specifications for benching and sloping. Final cross-sections and locations forsuch areas
must be provided on the reclamation map.
Waste material will be stockpiled. Once the mining operations are complete,the waste material will
be graded for positive drainage with slopes less than 3:1.
5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways.
Leveled, smoothed and re-vegetated.
b. Will any on-site roadways be left as part of the reclamation? Yes X No . Ifyes,
identify such roadways on the reclamation map andprovide details on permanent ditch line stabilization.
Road will be stabilized and left as access to the pond.
6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or other
such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off-site
menerated waste shall be disposed of on the mine site without prior written approval from the NC
Department of Environment and Natural Resources,Land Quality Section and either the Division of
Waste Management(DWM) or local governing body. If a disposal permit has been issued by DWM
for the site, a copy of said permit must be attached to this application. All temporary and permanent
refuse disposal areas must be clearly delineated on the mine map(s)and reclamation map, along with a list
of items to be disposed in said areas.
NIA
-12-

l
APPLICATION FOR A MINING PERMIT
7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must
include recommendations for year-round seeding,including the time of seeding and the amount and type
of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding
instructions for permanent revegetation and,if necessary,temporary revegetation. Revegetation utilizing
only tree plantings is not acceptable. Recommendations can be sought from:
a. Authorized representatives of the local Soil and Water Conservation District;
b. Authorized representatives of the Division of Forest Resources, Department of Environment and
Natural Resources;
c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists
and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at
North Carolina State University;
d. North Carolina licensed landscape architects;
e. Private consulting foresters referred by the Division of Forest Resources, Department of
Environment and Natural Resources;
f. N.C. Erosion and Sedimentation Control Planning and Design Manual;
g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation;
h. Others as may be approved by the Department.
LIME - RATE OF APPLICATION (tons/acre): Based upon a recent soil test, or in absence of soil
test, apply up to 1 ton dolomitic limestone per acre to moderately disturbed soil (less than 6"
removed) and up to 2 tons dolomitic lime per acre if more than 611.
FERTILIZER-ANALYSIS AND RATE OF APPLICATION (pounds/acre): Based on a recent soil
test, or apply 40-60 lbs. of N per acre at planting and 40-60 lbs. N during growing season.
SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING
SCHEDULE (pounds/acre): [NOTE: Include Legumes]
Seed Types: Seedins<Dates: Seeding Rates:
Bahia grass April-September 25 lbs./ acre
Bermuda grass April--September 25 lbs./ acre
Carpet grass April--September 25 lbs./acre
Annual Ryegrass April-September 25 lbs./acre
Annual Ryegrass October-March 50 lbs./ acre
MULCH-TYPE AND RATE OF APPLICATION(pounds/acre)AND METHOD OF ANCHORING:
The uniform application of I % - 2 tons of straw per acre should provide 75% cover, Cover in
excess of 75% could reduce proper plant growth after seed germination,
OTHER VEGETATIVE COVERS -TYPE (S) AND RATE (S) OF APPLICATION INCLUDING
SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc):
Revegetation and/or refor sta pl approved by:
Signature Date
Print Name �—
Title
Agency EAIX C04S'T EA3QW -AF&4-?UA)122 C.2r
-13-

• ATA •
NCDENR ,
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
March 3, 2005
Mr. Steve Simmons
Simmons Construction Company
4810 New Britton Loop Road
Ash, North Carolina 28420
Re: Simmons Mine
Mining Permit No. 10-35
Brunswick County
Lumber River Basin
Dear Mr. Simmons:
Mr. James D. Simons, PG, PE, Director of The Division of Land Resources, has reviewed
your consultant's, Mr. J. Christian Russell, letter dated March 1, 2005, in which he requested an
extension of time to submit the renewal request pertaining to Mining Permit No. 10-35.
Your request for an extension is hereby granted. Please submit the required information to .
this office by March 31, 2005.
Your attention to this matter will be greatly appreciated. If you should have any questions,
please contact me at [phone].
Sincerely,
ludith A. Wehner
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Dan Sams, PE, w/copy of Mr. Russell's letter
Mr. J. Christian Russell - East Coast Engineering, PO Box 2469, Shallotte, NC 28459
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604
An Equal Opportunity 1 Affirmalive'Action Employer—50%Recycled 110%Post consumer Paper

•
RECEIVED East Coast
MA Engineering Company, P.A. 4918 Main Street
Fa 910.754.804 o 3 ?.Q�S Consulting Engineers Post Office Box 2469
of ce: 910.754.8029 Shallotte,NC 28459
March 1,2005
Jaynes D. Simons P.G,P.E.
Director,Div.of Land Resources
1612 Mail Service Center
Raleigh,North Carolina 27699-1612
Subject: Simmons Mine: Permit Number 10-35
Brunswick County,NC
Permit Renewal
Dear Simons,
Mr. Steve Simmons has retained our firm to address an oversight that has alloved the permit for the subject
mine to expire. The expiation date was 12/8/04. It is the intention of our client to renew and continue
operating the mine and therefore we are requesting an extension of time to submit the renewal until 3/31/05.
Should you have any question or comments,please do not hesitate to contact us at your convenience.
Sincerely,
J.Christian Russell
pc: Steve Summons
File;0606 (Simmons Mine)

Mar 01 05 09: 34a EaStoast Engineering Co 910 740 9049 p. l
East Coast
Engineering Company, PA.
Consulting Engineers
FAX
I i I FAX FAX FAX I 1 FX I I
PAGE 1 OF_2 (including cover page) DATE: -3IIi
TO: Mr. Jim Simons FROM _ Chris Russell
oa: Div. of Land Resources aF
East Coast
Engineering Company, P.A.
4918 Main Street
Post Office Box 2469
PHONE# [phone] Shallotte,North Carolina 29459
FAxa [phone] PHONT# 910-754.8029
FAX# [phone]
SUBJECT: Extension of Time to Renew Permit
Mr. Simons,
Please find the request for an extension of time to renew the permit for mine
permit* 10-35.
Thanks,
Chris
pc: File 0606;
The information contained in this transmission is privileged, confidential, and is
intended only for the use of the individual or entity named above. You are not
permitted to copy or distribute this communication if you are not the intended
recipient named above. if you have received this communication in error, please
notify our office immediately by telephone. Thank you.

Mar 01 05 09: 34a Eas oast Engineering Co 910 7 8043 p. 2
if
East Coast
Engineering Company, P.A. 4918 Main Strect
Pax: 910.754AX9 Consulting Engineers Post Office Box 2469
Office: 9109S4jum &naUotte,NC 28459
Marich 1,2005
James D.Simons P.G,P.E.
Director,Div.of Laud Resources
1612 Mail Service Center
Raleigh,North Carolina 27699-1612
Subject: Simmons Mine: Pemnit Number 10-35
Br=swick County,NC
Permit Renewal
Dear Simons,
Mr.Steve Simmons has retained our firm to address an oversight that has allowed the permit for the subject
mine to expire. The expiration date was 12/8/04. It is the intention of our clielt to renew and continue
operating the mine and therefore we are requesting an extension of time to submit the renewal until 3/31/05.
Should you have any question or comments,please do not hesitate to contact us at your convenience.
Sincerely,
J.Cbxistiul Russell
pc: Steve Simmons
Fr7e;0606(Simmons Mine)

-r---
STATE OF NORTH CAROLINA SHALLOTTE QUADRANGLE 0I
UNITED STATES DEPARTMENT OF NATURAL RESOURCES NORTH CAROLINA-BRUNSWICK CO.
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State of North Carolina low
Department of Environment, F15WA
Health and Natural Resources • •
Division of Land Resources
James B. Hunt,Jr„ Governor ID E H PA R
Jonathan B, Howes, Secretary
Charles Gardner, P.G., P,E.
Director and State Geologist
December 8 , 1994
Mr. Steve Simmons
Sammons Construction Company_
Route 1 , Box 383 A
Ash, NC 28420
RE: Simmons Mine
Brunswick County
Dear Mr. Simmons:
The application for a mining permit for the above referenced
mine site has been found to meet the requirements of G.S. 74-51
of The Mining Act of 1971 . As we have received the required
security to cover this application, T am enclosing the mining
permit.
The conditions of Mining Permit No. 10-35 were based
primarily upon information supplied in the application with
conditions added as necessary to insure compliance with The
Mining Act of 1971 . This permit expires on December 8, 2004.
G.S. 74-65 states that the issuance of a mining permit does not
supersede local zoning regulations. ' The responsibility of
compliance with any applicable zoning regulations lies with you.
As a reminder, your permitted acreage and affected acreage `
for this site are both 7 acres, as indicated in the application
and on the mine map last revised August 3 , 1994.
Please review the permit and notify this office at (919)
733-4574 of any objections. br questions concerning the terms of
the permit.
Since ely,
Tracy E. Davis, P.E.
State Mining Specialist
Land Quality Section
TED/tls
Enclosure
cc: Mr. Dan Sams
Mr. Ryke Longest
Geological Survey Section Land Quality Section Geodetic Survey Section
[phone] [phone] [phone]
FAX:[phone] FAX:[phone] FAX:[phone]
P.O. Box 27687,Raleigh,North Carolina 27611-7687 Telephone [phone] FAX [phone]
�/( An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

DEPARTMENT OF ENV=RONMENT �
H EALTH AND NATURAL
RESOTJRCES
D 2V=S 2 ON OF LAND RESOURCE S
LAND QLJAL=TY S E CT=ON
P E R M = T
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through
681 "The Mining Act of 1971 , " Mining Permit Rule 15A
NCAC 5 B, and other applicable laws, rules and
regulations
Permission is hereby granted to:
Simmons Construction Company
Simmons Mine
Brunswick County -- Permit No. 10-35
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.
MINING PERMIT EXPIRATION DATE: December 8 . 2004.

Page 2 of 8
In accordance with the application for this mining permit, which
is hereby approved by the Department of Environment, Health 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 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.
Definitions
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.
Expiration Date
This permit shall be effective from the date of its issuance
until December 8, 2004 .

Page 3 of 8
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.
OPERAT NG 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 Environmental Management,
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 and rules promulgated by the N.C.
Environmental Management Commission.
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 . A. Sufficient buffer (minimum 35 foot undisturbed) shall
be maintained between any affected land and any
adjoining waterway to prevent sedimentation of that
waterway from erosion of the affected land and to
preserve the integrity of the natural watercourse.
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 and the U.S. Army Corps of Engineers.
C. The disturbance of any wetlands shall be in .accordance
with the U. S. Army Corps of Engineers Nationwide
Permit No. 26 (Headwaters and Isolated Waters) Action
ID. 199200955 dated February 5, 1992 and any subsequent
approvals issued by said agency.

Page 4 of 8
4 . A. Adequate mechanical barriers including but not limited
to diversions, earthen dikes, silt check dams, silt
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
�\ watercourse in proximity to the affected land.
<=' B. All drainage from the affected area around the mine
excavation shall be diverted internal to said
\ excavation or into the proposed sediment basin as per
` ~ the revised mine map g dated August 3 ► 1994.
5. All mining permit boundaries (7 acres) shall be permanently
marked at the site on 100 foot intervals unless the line of
sight allows for larger spacing intervals.
6. 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 siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to
restrain such erosion.
7 . 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 . 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. Sufficient buffer (minimum of 35 foot undisturbed) shall be
maintained between any excavation and any mining permit
boundary to prevent caving of 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 Solid Waste
Management and the Land Quality Section, Department of
Environment, Health and Natural Resources. The -method
of disposal shall be consistent with the approved
reclamation plan.

Page 5 of 8
B. Mining refuse as 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 Solid• 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.
11. An- Annual Reclamation Report shall be submitted on a form
supplied by the Department by February 1 of each year until
reclamation is completed and approved.
12 . 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.
13 . The security which was posted pursuant to N.C.G.S. 74-54 in
the form of a $7,800.00 assignment of savings account is
sufficient to cover the operation as indicated on 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.
14 . 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.

Page 6 of 8
APPROVED RECLAMTION PLAN
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.
The approved plan provides:
Minimum Standards As Provided By G.S. 7 -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, 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 CONRITIONS:
1. 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.

Page 7 of 8
2 . The specifications for surface gradient restoration to a
surface suitable for the planned future use are as follows:
A. The lake area shall be excavated to maintain a minimum
water depth of four feet measured from the low water
table elevation.
B. The side slopes to the lake excavation shall be graded
to a 3 horizontal to 1 vertical or flatter above the
water level and 2 horizontal to 1 vertical or flatter
below the water level .
C. Any areas used for wastepiles, screening, stockpiling
or other processing shall be leveled and smoothed.
D. 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. and B.
E. The affected land shall be graded to prevent the
collection of noxious or foul water.
3 . Reveaetation Plate:
After site preparation, all disturbed land areas shall be
revegetated as per the Revegetation Plan approved by Mr. J.
Phillip Norris, P.E. dated August 15, 1991 and the following
additions:
Temporary Seeding Specifications
Dates Species Rate , Lbs/Acre
December 1 - April 15 Rye Grain and 120
Annual Lespedeza 50
April 15 - August 15 German millet 40
August 15 - December 30 Rye Grain 120
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.

Page 8 of 8
4. Reclamatio 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.
Permit issued this 8th day of December, 1994 .
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
of the Department of Environment, Health and Natural Resources

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North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME 5'+. n-aw 2. MINING PERMIT #
3. OPERATOR �,n 3�sue+ C" ri, o. -S je kjo S�en-".i ov+S 4. COUNTY
5. ADDRESS K)C✓
6. PERMIT EXPIRATION DATE i a T RIVER BASIN I_
8. Person(s) contacted at site n 1_V1
9. Was mine operating at time of inspection? ❑ Yes No 10, Pictures? ❑ Yes KNo
11. Date last inspected: Z / I t, /n.0 12. Any mining since last inspection? ❑ Yes f ''No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ><No
If no, explain:
(C' iLoe ,p,�
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes XNo
If no, explain: C. U — ,--, C%s +
OkAtI0 A--,, 'S' tnlj ai or, ca 1 1 Lac �
r� �A p C, .
t_- Ll " F"riG r
15. Did any of the above deficiencies result in offsite damage? ❑ Yes No If yes, describe the
type and severity of the damage:
r�
U
a
0
U
16. Corrective measures needed and/or taken: Uj
0
Z
171. Other recommendations and comments: 1 r~
�r.0 Mraktiff `�3r1 r�1,� .,C.l f(ar. f .PL CCU L_J 1'A
n 1-�,r ra ry►u„ ba _ lfyz a w, r e r o+_,, a ck
18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed
n(:�OP r(-)Ly +yoA _
19. Follow-up inspection needed? ❑ Yes No Proposed date / 1
20. No. of additional pages of Inspection Report21. Copy of Report sent to operator-S/Z, L)::
(date)
INSPECTED BY: _ .�,f l: e ��+ / DATE 0S/z'T/r
Telephone No: (ciiu ) 1cikn ��1Z
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

V
NO
NCDENR Vill
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, P.G., P.E. January 09, 2004 Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOTICE OF VIOLATIONS OF MINING PERMIT
Mr. Steve Simmons 7002 3150 0003 7051 6172
Simmons Construction Company
4810 New Britton Loop Road
Ash, North Carolina 28420
RE: Mining Permit No. 10-35
Simmons Mine
Brunswick County
Lumber River Basin
Dear Mr. Simmons:
This is to inform you and/or your company of violations of the above referenced mining
permit.
On January 5, 2004, personnel of this office inspected your mine, copy of inspection report
attached, and determined that one or more of the conditions contained in your mining permit are
being violated. The conditions being violated are as follows:
1) Operating Condition No. 10A: 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 Solid Waste Management (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.
A substantial amount of off-site generated refuse and other solid waste has been dumped
within the permit boundaries.
2) Operating Condition No. 11: An Annual Reclamation Report shall be submitted on a form
supplied by the Department by February 1 of each year until reclamation is completed and
approved.
The Annual Reclamation Reports have not been submitted for the year 2001 and 2002.
Geological Survey - Land Quality - Geodetic Survey
Division of Land Resources- 1612 Mail Service Center, Raleigh,North Carolina 27699-1612
512 North Salisbury Street, Raleigh, North Carolina 27604
919-733-38331 FAX [phone] Internet: www.dir.enr.state.nc.us/dlr,htm \
An Equal Opportunity 1 Affirmative Action Employer--50%Recycled 1 1 o%Post Consumer Paper

Mr. Steve Simmons
Page 2
,January 9, 2004
In order to bring this site into compliance, the following corrective actions must be taken:
A. Submit the Annual Reclamation Report and updated mine map for the year 2001, 2002
and also for the year 2003.
B. Immediately cease disposing of refuse or other solid waste that is generated outside the
mining permit area within the boundaries of the mining permit.
C. Submit an approvable mine modification request to allow on-site disposal of refuse
or other solid waste that is generated outside the mining permit area.
or
D. if you do not elect corrective action C, all off-site, generated refuse or other solid waste that
has been disposed of within the permit boundaries must be removed and properly disposed
of.
If you fail to immediately cease disposal of off-site generated refuse or other solid waste on
site, to submit the updated Annual Reclamation Reports, and to take corrective actions C or D
within twenty 20 day s following your receipt of this Notice, appropriate enforcement action will be
taken and a civil penalty may be assessed against your company. If a civil penalty is assessed,
the amount may be up to five hundred dollars ($500.00) for each day of violation, beginning with
the date of your receipt of this Notice of Violations (N.C.G.S. 74-64). Each day of a continuing
violation shall constitute a separate violation. Other enforcement actions may include seeking an
injunction, criminal penalty, revoking your permit or bond forfeiture procedures.
The responsibility for understanding and complying with the conditions of your mining
permit rests with you. The responsibility also rests with you for notifying this office of your plans to
correct the violations.
Please do not hesitate to contact Mr. Dan Sams, PE, Wilmington Regional Engineer, at
[phone] or Mr. Floyd Williams, PG,. State Mining Specialist, at [phone] regarding
any questions you might have about this matter.
Very truly yours,
ames D. Simons, PG, PE
Attachment: Mine Inspection Report
cc: Mr. Dan Sams, PE.
Mr. Bradley Bennett-DWQ

L
r.. 4Sta.6of North Carolina .a
R;'-�a JF.-.iF
T l7epartment of Enriironment
vv. and RNatural• souce -n oil
t
Wilmington Regior+aI!O�ffice � 4."�y
si,n ofjLan'd
Divi o ,` �..�� .
Land Quality"Section" NCD ENR z�«
r, "°` •`- `_ }i y r�zw�a- •"'i �1 ,�,.r 3:h'Y i+ .+. .a _r NORIM C..:ROIJN4 E)ewi[iM[Mr a%F#}.� .Y.�'' �•�-
.i: Michael F. Easley; Governor _ __. ENnrroNMCNr.we NatwN Ces
William G. Ross Jr.- Secretary —
�' - "November 25,'•2003
CERTIFIED MAIL-7003 0500 0000 8804 4911
RETURN RECEIPT REQUESTED
Mr. Steve_Simmons _ :; s; :L -- _ _ ��i v 4V
Simmons Con struction'Company
4810 New'Britton Loop Road
Ash, NC 28420 ��pWaUAt� X
Re: _ NOTICE OF DEFICIENCY
Simmons Mine
-.. Permit No.:10-35
Brunswick County
Dear Mr. Simmons:
On November 21, 2003 an inspection of the subject mine was performed by personnel of this office (copy of
inspection report enclosed.) As'you will note, deficiencies were observed that require your prompt attention.
The deficiencies.discovered and the necessary corrective actions are as follows: - .-
Operating_Conditions: _
Operating condition #10A: 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 Solid Waste Management and the
Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be
consistent with the approved reclamation.
Debris and other solid waste have been disposed of within the mine boundaries.
Operating Condition #'11:_An gAnnual;Reclamation_Report shall be submitted on a form supplied by the
e Departure tab ebruary 1 of:each ear untiesT he ,cc a tiioon is complete'and approved.
n`Yr
An Annual Reclamation Report has not been submitted for the"year 2002.
:In order to bring this site into:compliance,'the.fQllowing corrective actions must be taken: `��
.....'�-: : :, '.-. ..r �-���it:'�tai..j'��> ��-_�_'•--"f•,.`- . 4._.!-. �_-•-::� �r .� ;-nr-.' V -%^ >^ +n
j1 t-Subrnit�a revised plan ;o-r-a i{vval,4to'the Land aua ity:5ectio as well as-obtain ppro I romwTthe
Division of Waste Management.to allow material to be brought on site•or material must 6e-removed.1l
2. Submit an Annual Reclamation Report for-the year 20o2and includi updated mine map.
AlieM1 KR#.:►M"" " "'1.'u. �s •S-0 `.#` •rr, _ ,,- i +.c
If the previously described deffc encies are not:corrTcted within 30 daysfolr lowing your receipt of this Notice, ;
this matter will be referred to the Dir3�e�ccy�tor of the Division of�Larid Resources­in�an effort to secure compliance at the,,:,:
site.
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127 North Cardinal DrivelNilmington;=N.C28405r384 ! Telephon_e 910- 5,3900 • Fax [phone]w*� �•s, ;-
An Equal Opportunity Affirmative Action Employer " •

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North Carolina Department of Environment and Natural Resources,
Division of Land Resources,land Quality Section .� .
.,M E '.M PECTION REPORT
� (P R1VIITTED - IINE)
1 MINE NANIE 7 2. MHgING PERMIT #
3. OPERATOR ,/ /�,', 4. COUN'TY,,j��-J��
5. ADDRESS ' c
6. PERMIT EXPIRATION DATE / P 7. RIVER BASIN
. 8.-Person(s).contacted at site 6
9. Was mine operating at time of inspection? 0 Yes XNo 10. Pictures? Kyes ❑ No
11. Date last inspected:'
nspected: q I /f 10.'3 12. Any mining since last inspection? Yes ❑ No
13. Is the mine in complian a with the Oper ting Conditions of a Permit? ❑ Yes t No
If no, ex lain: �f D r�i' r � _,
0/17
' .
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No
If no, explain:} -
15. Did any of the above deficiencies result in offsite damage? ❑ Yes )l No If yes, describe the
type and severity of the damage: T .
16. Corrective measures needed and/or taken: ,1 ege
�Z CZr r o C.; Z .em6�r;
777�Ai-1 / : J2,-/if/s _�vv/ � �rr�li 1. �r/07?,—.,_11r l
17. Other recommendations and comments: , �r f`Irrrio 6A-.7 . r�
18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) `Nat Reviewed
19. Follow-up inspection needed? XYes ❑ No Proposed date / /-5",/
20. No. of additional pages of Inspection Report 21. Copy of Report.sent to operator`s//-�S/C
(date)
INSPECTED BY: _cvlh P c/G�..— _ _-_ _ � DATE ///g7Z
Telephone No: �9/ '1 29-2-&AG0
rite'copy to file ' Yellow copy to operator ' Pink copy to Mining Specialist 10197

1
"•1_�u• _ pis
.. r.�..t,., `.!T�r.-i^r^•r.�_r-. :r ri.:..�... y ,I ,�':y �,�' eF.f',S -Y.k r � - _.. ._ _ __ � _
—....Mr..Steve'Simmons " .:_ _.__.,w__ ..- — .__ __.._ w _..-.._. _ _ . ��•-}'"#.k-' ` �_. .:
__. November,25,.2003 -
Page Two _
—Please do no hesitate to contact Kevin Rowland or me at [phone] regarding any questions you may
�:Yiave�abai�t this matter._:,-�-="-.�... ."_- . . •• __.. . ._ -• - ----- ._ - -
Sincerely,
Carol Miller, CPESC
-Acting Regional Engineer
Land Quality Section
DES/KRR/bfr
Enclosure: Mine Inspection Repert
cc: Mr. Floyd Williams, P.G., State Mining Specialist
Mr. John Crowder; Division of Waste Management
_,..�.�:,a:^s._ .,..... -.;r. .-•F�" ��?.f+t=� '..-.�a.,r--�..�,.'sx�ts*::„ ._.:'c•:�.::,-. a:''�.4' ...�.i::.w�...:`•. _ - -
._`ir- -:..::.^ Lt , fC �;j.-!a u - •ET Y.i YU O.�.�.- _.� __- ,. ir.•� - -
' _ -_.- •-ti', {a.,. sa�'•t�-' _�,��T.' _. �r �.z:: �:-ta=xis. . .._ - _ .... _.
127 North Cardinal Drive, Wilmington, N.C. -28405-3845 0 Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Emolover

' 1
NCDENR.
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, P.G., P.E. January 09, 2004 Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr.,Secretary
CERTIFIED MAIL
RETURN RECEIPT_REQUESTED
NOTICE OF VIOLATIONS OF MINING PERMIT
Mr. Steve Simmons 7002 3150 0003 7051 617E
Simmons Construction Company
4810 New Britton Loop Road
Ash, North Carolina 28420
RE: Mining Permit No. 10-35
Simmons Mine
Brunswick County
Lumber River Basin
Dear Mr. Simmons:
This is to inform you and/or your company of violations of the above referenced mining
permit.
On January 5, 2004, personnel of this office inspected your mine, copy of inspection report
attached, and determined that one or more of the conditions contained in your mining permit are
being violated. The conditions being violated are as follows:
1} Operating Condition No. 10A: 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 Solid Waste Management (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.
A substantial amount of off-site generated refuse and other solid waste has been dumped
within the,permit boundaries.
2) Operating Condition No. 11: An Annual Reclamation Report shall be submitted on a form
supplied by the Department by February 1 of each year until reclamation is completed and
approved.
The Annual Reclamation Reports have not been submitted for the year 2001 and 2002.
Geological Survey- Land Quality• Geodetic Survey
Division of Land Resources- 1612 Mail Service Center, Raleigh, North Carolina 27699-1612
512 North Salisbury Street,Raleigh,North Carolina 27604
919-733-38331 FAX: [phone] Internet: www.dlr.enr.state.nc.us/dlr.htm
An Equal Opportunity 1 Affirmative Action Employer—5004 Recycled 110%Post Consumer Paper

Mr. Steve Simmons `
Page 2
January 9, 2004
In order to bring this site into compliance, the following corrective actions must be taken:
A. Submit the Annual Reclamation Report and updated mine map for the year 2001, 2002
and also for the year 2003.
B. Immediately cease disposing of refuse or other solid waste that is generated outside the
mining permit area within the boundaries of the mining permit.
C. Submit an approvable mine modification request to allow on-site disposal of refuse
or other solid waste that is generated outside the mining permit area.
or
D. If you do not elect corrective action C, all off-site, generated refuse or other solid waste that
has been disposed of within the permit boundaries must be removed and properly disposed
of.
If you fail to immediately cease disposal of off-site generated refuse or other solid waste on
site, to submit the updated Annual Reclamation Reports, and to take corrective actions C or D
within twenty(20) days following your receipt of this Notice, appropriate enforcement action will be
taken and a civil penalty may be assessed against your company. If a civil penalty is assessed,
the amount may be up to five hundred dollars ($500.00) for each day of violation, beginning with
the date of your receipt of this Notice of Violations (N.C.G.S. 74-64). Each day of a continuing
violation shall constitute a separate violation. Other enforcement actions may include seeking an
injunction, criminal penalty, revoking your permit or bond forfeiture procedures.
The responsibility for understanding and complying with the conditions of your mining
permit rests with you. The responsibility also rests with you for notifying this office of your plans to
correct the violations.
Please do not hesitate to contact Mr. Dan Sams, PE, Wilmington Regional Engineer, at
[phone] or Mr. Floyd Williams, PG,. State Mining Specialist, at [phone] regarding
any questions you might have about this matter.
Very truly yours,
ames D. Simons, PG, PE
Attachment: Mine Inspection Report
cc: Mr. Dan Sams, PE.
Mr. Bradley Bennett-DWQ

East Coast
Engineering Company, P.A. 4918 Main Street
Fax: [phone]&' Consulting Engineers Post Office Box 2469
Office: 9I0.754AM Shallotte,NC 28459
January 26, 2004
Mr.James D. Simons, P.G., P.E.
NCDENR, Division of Land Resources
Land Quality Section
1612 Mail Service Center
Raleigh, North Carolina 27604
Subject: Simmons Mine
Mining Permit No. 10-35
Notice of Violations of Mining Permit
Dear Mr. Simons:
Mr. Steve Simmons received a Notice of Violations of Mining Permit issued by your office on
January 09, 2004. In response, Mr. Simmons has retained our firm to address the violations. Our
firm will be preparing the annual reclamation reports and updated mine maps for 2001, 2002 and
2003, and submitting a mine modification request to allow on-site disposal of refuse or other solid
waste that is generated outside the mining area. In addition, our firm will be applying for a
disposal permit with the Division of Solid Waste Management.
Our office will begin by submitting an application to the Division of Solid Waste Management.
Upon receipt of the approved permit, a mine modification request will be submitted to your
office for approval. Should you have any questions or require additional information, please
contact our office.
Sincerely,
c�
G YI7.
Elizabeth M. Nelson, EI
copy: Mr. Steve Simmons
Mr. Dan Sams,PE, NCDENR Wilmington
Nile 0606 (Simmons Mine)
r

W 1MkJ • •G
North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPEMIONIMPM
(PERNUTTED MM)
1, MINE NAME 2. MINING PERMIT # I -
3. OPERATOR - 4. COUNTY
S. ADDRESS
61 PERMIT EXPIRATION DATE 1.2 — — O 7. RNER BASIN 01
S. Person(s) contacted at site
9. Was mine operating at time of inspection? ❑ Yes XNo 10. Pictures? Yes ❑ No
11. Date last inspected: // IR11 Q3 12. Any mining since last inspection? f' Yes ❑ No
13. Is the mine in compli ce with the Operating Conditions of the Permit? ❑ Yes No
If no, a lain '
a4a d )5
1 , Is the mine in cp phance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No
If no, explain,
15. Did any of the above deficiencies result in offsite damage? ❑ Yes XMo If yes, describe the
type and severity of the damage;
16. Corr ctive mu asures needed and/or t en:
eel, It
�S
ct
it Other recommendations and comments:
18. Is q1e Annual Reclamation Report +/-map accurate? Cl Yes ❑ No (Explain) Not Reviewed
19. Follow-up inspection needed? Yes , ❑ No Proposed date
20. No. of additional pages of Inspection Report 21, Copy of Report sent to operator I I
(date)
INSPECTED BY: ����th� DATE I / 7/4.
Telephone No: &02 ) ?FJ 1R245)
white copy to file Yellow copy to operator Plnk copy to Miring Specialist. 10197

JAN. 6.2004 4:32PM NCDENR WIRO -:'N0. 186: P. 1.
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Date: No. Of Pa es: ��J
To; From: l�h
CO;_ CO:
FAX;#: - FAX#: 9L - 9-2018 _
REMARKS:
127 Cardinal Drive Extension,Wilmington,N.C.211405.3845 Telephone[phone] Fax[phone]
An Equal Opportunity AlIlrntaGve Action Employer

JAN. 6.2004 4:32PM NCDENR WIRO NO.186 P.2
North Carolina epartment of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
E INSPECMN REPURT
(PETTED MINE)
1, Mlt,�B NAME 2. MINING PERMIT # f
3. OPtRATOR X 5W 4. COUNTY
S. ADDRESS
6. FE IT E_XP1R ATiON DATE —O 7. RIVER BASIN
8. Person(s) contacted at site
9. Was thine operating at time of inspection? E3 Yes XNO 10. pictures? 'Yes 0 No
11. Date last inspected: t/l i a i/d3 12. Any mining since last inspection? " Yes q No
13. Is the thine in compli cc with the Operating Conditions of the Permit? ❑ Yes No
If no, a lain:
K
OF
14, Is the mine in c pliance with the Reclamation Conditions of the permit? ❑ Yes El No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? El Yes KNo If yes, describe the
type and severity of the damage;
16. Corr dive ni asures needed and/or t en:
cz
1 , Other recommendatioiss and comments:
18. Is ie Annual Reclgqafion Report +/-map accurate? ❑ Yes ❑ No (Explain) Not Reviewed
19. Follow-up inspection needed? AYes 0 No Proposed date I I
20. No, of additional pages of Inspection Report____. 21, Copy of Report sent to operator__
/ (date)
INSPECTED BY: 01 / DATE I �S/0
Telephone No: (910 12?d ^.���
White copy to file Yellow copy to operator Ptnk copy to Mining Specialist 10197

Simmons Mine NOV, 10-35
Subject: Summons Mine NOV, 10-35
From: Dan Sams <[e-mail]>
Date: Tue, 06 Jan 2004 15:06:23 -0500
To: Judy Wehner<[e-mail]>
Judy:
Kevin is faxing you a copy of the inspection report to accompany
the
NOV.
Thanks. . . .
dan
1 of 1 1/6/2004 3:15 PM

Mining NOV: Simmons Mine 10-35
Subject: Mining NOV: Simmons Mine 10-35
From: Dan Sams <[e-mail]>
Date: Tue, 06 Jan 2004 15:04:43 -0500
To: Floyd Williams <[e-mail]>, Judy Wchner
<[e-mail]>
Floyd and Judy:
Enclosed is a draft for an NOV for the above mine. We originally
sent a
Notice of Deficiency on November 25, 2003 (received on December 1)
that
gave them a 30--day compliance deadline, but the corrective steps
have
not been taken.
If you have questions please let me or Kevin Rowland know.
Thanks . . . .
dan
1 of 1 1/6/2004 3:15 PM

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Land Resources
Land Quality Section NCDENii
NORTH C'AROLINA DMPARRTMENT OF
Michael F. Easley, Governor ENVIRONMENT AND NATURAL REaouRcm
William G. Ross Jr., Secretary
January 7, 2004
NOTICE OF VIOLATION OF MINING PERMIT
CERTIFIED MAIL
RETURNED RECEIPT REQUESTED
Simmons Construction Company
Attention: Mr. Steve Simmons
4810 New Britton Loop Road
Ash, NC 28420
RE: Permit No. 10-35
Simmons Mine
Brunswick County
Lumber River Basin
Dear Mr. Simmons:
This is to inform you of violations of Mining Permit No. 10-35, issued to yourfirm to operate
the Simmons Mine in Brunswick County.
On January 5, 2003 personnel of the Wilmington Regional Office inspected the mine and
determined that one or more conditions contained in your mining permit are being violated.
The conditions being violated are:
1. Operating ondition No. 10A: 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 Solid 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.
A substantial amount of dumped debris remains within the permit boundaries.
477 K1. 4./^....li....l non 'Vir. 9nnn. Cw non,)s;n,)nnA

--
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Simmons Construction Company
January 7, 2004
Page Two
2. Operating Condition No. 11: An Annual Reclamation Report shall be submitted on a form
supplied by the Department by February 1 of each year until reclamation is completed and
approved.
The Annual Reclamation Report has not been submitted for the year 2002.
In order to bring this site into compliance, the following corrective actions must be taken:
A. Immediately cease disposing of refuse or other solid waste that is generated outside 1b
mining permit area within the boundaries of the mining permit.
B. Submit the Annual Reclamation Report and updated mine map for the year 2002, as
well as the year 2003.
and
C. Submit an approvable mine modification request to allow on-site disposal of refuse
or other solid waste that is generated outside the mining permit area.
or
D. If you do not elect corrective action, all refuse or other solid waste that has been
disposed of with in the permit bound ries must be removed if generated outside the
mine permit area.
If you fail to immediately cease disposal of off-site generated refuse on site, to update the
Annual Reclamation Report information, and to take corrective actions C or D within 20 days of
receipt of this notice, appropriate enforcement action will be taken and a civil penalty may be
assessed against your company. If a civil penalty is assessed, the amount may be up to five-
hundred dollars ($500.00)for each day of violation, beginning with the date of your receipt of this
Notice of Violation (N.C.G.S. 74-64). Other enforcement actions may include seeking an
injunction, criminal penalty, revoking your permit, or bond forfeiture procedures.
The responsibility for understanding and complying with the conditions of your mining
permit rests with you. The responsibility also rests with you for notifying this office of your plans to
correct the violations.
127 North Cardinal Drive,Wilmington, N.C. 28405-3845•Telephone [phone]•Fax [phone]
An Equal Opportunity Affirmative Action Employer

■ � �.,
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Simmons Construction Company
January 7, 2004
Page Three
Please do not hesitate to contact Mr. Floyd Williams, PG, State Mining Specialist at(919)
733-4574, or Mr. Dan Sams, PE, Regional Engineer at(910) 395-3900, regarding any questions
you might have about this matter.
Sincerely,
James D. Simons, P.G., P.E.
Director, Division of Land Resources
JDSIKRR/bfr
cc: Floyd Williams, Land Quality Mining Specialist
Daniel Sams, Land Quality Wilmington Regional Engineer
127 North Cardinal Drive,Wilmington,N.C. 28405-3845•Telephone [phone]•Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
r_ ;>Jepatriient of Environ
��y':;�:7�r,�A•,..�:ur.:%^.fF.", %�""wnk'�+r^,Frti.7tt1:4'�! •�• �.,��...;.:=� _ },�•�4.•.: -:• k�. _��.•.• �5.._. . :.. .',
'• :and:Natural Resources ;<:' " ��� ' :'
Wilrvmington Regional Office ;J~r= � ; = ' ' ,� il?l
4;` . < r _
Division of Land Resources _ --
Land Quality Section -
NCD&E,"R'­
NOV"Gwouw:oeMw.wiirr o.• -
Michael F. Easley, Governor - `"""'°""u""'°"w`�."`R"°""C� -
William G. Ross Jr„ Secretary :.
.. 'November 25, 2003 —r:"'�'c.
- r
CERTIFIED MAIL 7003 0500 0000 8804 4911
RETURN RECEIPT REQUESTED - t
Mr. Steve_ Simmons =' ...NOV —
.. . SimmonsConstruction Company _.;...__�..'---::..._..-' .......- -......:�_.. ._.. ...._.. :::.._._. . . '•. ._ .....
. ....: ....
.. -4810 New Britton Loop Road _ '_, t.:�.•_�. �r—w -
Ash, NC 28420 Q* zt�p I.Lt� ±ti`_�.». -
Re: =- NOTICE OF DEFICIENCY
Simmons Mine
Permit No. 10-35
Brunswick County
Dear Mr. Simmons:
On November 21, 2003 an inspection of the subject mine was performed by personnel of this office (copy of
f
inspection report enclosed.) As you will note, deficiencies were observed that require your prompt attention.
The deficiencies discovered and the necessary corrective actions are as follows:
Operating Conditions:
Operating condition #10A: 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 bath the Division of Solid Waste Management and the
Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall.be
consistent with the approved reclamation. '
Debris and other solid waste have been disposed of within the mine boundaries.
Operating Condition #11:,An,Annual Reclamation Report shall be submitted on a form supplied by the
Department by February.) •of.each_year until the reclamation is complete and approved.
.:. .- ":.7:�{;rT+-'.�,r.:'�,F�.S�=+�'.t�x�:.T�"5--" '�'!`;;��•`.�-tie:.i.o�--.r 'Sr.;�•«'''syy:�i-�.l'..r=R�? 'l��"'"_..,..-.':a^.::T"=-�� - --.N`.7:y.'�i..'r'f..m'�-"j:`�::i�„`�•:'�.��a:•
�An Annual Reclamation"Repart has not been submitted for the year 2002.
In order to bring this site into''compliance,%tihe following corrective actions must be taken,:"-h�
.. _ .. __ - .i. .. -'-'r M1i•:<+-A,. _'w.-.a.�i;,y..-:'" - .. r..-. ..�..}::... .r>:,tl2••-.v,.� .Jj..�,i1%•.__;r:•r:.'�-••.:.._•,.
1 .Submit a revised plan;for.approval,�to ahe Land_Ouality.Section as well as obtain approval from.the
�..-.�..._.n.... �udluktiw -PCs!i74Z-•w!n �..'. -'. ,.�.« ': .r r4 -J�1'%kTF�"`Cx+lYical.
D'svision of Waste Management to allow.material to be brought on site.or"mati.erial must be�emoved.._;r-_..,,..:
2. Submit an Annual Reclamation Report forthe.year 2002 and inc iu�de an updated mine map. -
^:�t• '!'L? �1,�},f1T.+Y-� H ...-..��..,,;:JF' i.�'Sn?,�;Y:"� :-'x^--y ^':.`74t•:.'L+,jA°�y3ir7.„ :a.�..... 4.1:l'1:;y.;.r�.., h - •1� "i •r,,1'.+
MY the previously described deficiencies are not corrected within30 days w folloing your receipt of this Notice,
this matter will be referred to the,
DirJfeNNc��to_r of the Rivision_of Land Resources in an effort to secure compliance at the
site. ._ ...._.. - --• --.._ .. .�...-_-a�! :.>. - T'3'•��Si��.-.,�.,.••i�_ �a�VG_Sd��ri�i-'A-�,.4 t:.i•F...:.:.'�'�`•: -+..-r. z,:.��r✓.1 Tw:;t �'=w .. ...
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:. .- _._.;..�':�•' �. - °_l�r<�T•�� �fif'a. •Y+3�c+•{tw:•WL`�7r �Me�fi.LGo'gl�•'skfay: = •;. _. ..t, r�.,: Y.- •��� �:•.
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27 North Cardinal Drive;gWilmington;.N_C.x28405-3845'•,YTelephone 910-395.�3900�• Fax [phone]
An'Equal Opportunity Affirmative'Action Employer ' ` "

Mr. Steve Simmons
November 25, 2003
Page Two
____Please do no hesitate to contact Kevin Rowland or me at(910) 395-3900 regarding any questions you may
'_have about this ratter."_-..."`
._..._-
Sincerely,
Carol Miller, CPESC
'Acting Regional Engineer
Land Quality Section
DES/KRR/bfr
Enclosure: Mine inspection Report
cc: Mr. Floyd Williams, P.G., State Mining Specialist
Mr. John Crowder; Division of Waste Management
127 North Cardinal Drive, Wilmington, N.C. 28405-3845 • Telephone [phone] O Fax [phone]
An Equal Opportunity Affirmative Action Emolover

v1AAA {-J.Jcpurtmcut of znviro.ntnent ana iNaturai Resources,
Division of Land Resources, Land Quali Se ' u
WMWE INSPECTION REPIWIW
' .(PERMITTED MME)
1. MINE NA11IE 2."MINING PERMIT #_ _
3. OPERATOR /r f 4. COUNTY.
5. ADDRESS J�F111/f
6. PERMIT EXPIRATION DATE /� _ &V-Gael 7. RIVER BASIN / a r✓
8. Person(s) contacted at site IM7r;
9. Was mine operating at time of inspection? ❑ Yes No 10. Pictures? <Yes ❑ No
11. Date last inspected: . 9_ / // /0 '3 12. Any mining since last inspection? A Yes ❑ No
13. Is the mine in complianye with the OperAting Conditions of�he Permit? ❑ Yes XNo .
If no, exJplain: l7!'� r~ ram/' r ;r c /r--r�r ri
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14. Is the mine in com fiance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result-in offsite damage? ❑ Yes f No If yes, describe the
type and severity of the damage:
16. Corrective measures needed and/or taken: 6671r54-i 11011P 'iir'lr'r, i✓ �:r'�i�iir� r'
r �z f2 o r,.
,girl/�Z 'OeerAi77�c�-lip+ �^
r;a��i-7" �r r �C�ii7�" ✓,�Y iy� G'�<;�^ �.� %!j=sue
r
17. Other recommendations and comments: .414 oW� r `7.7ri bP�n �'rrr^D
18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) `Nat Reviewed
19. Follow-up inspection needed? XYes ❑ .No Proposed date / I I
20. No. of additional pages of Inspection Report 21. Copy of Report.sent•to operator�/I-?S/Qf
(date)
-INSPECTED BY: - y •- DATE //lit/Q.
Telephone No. I?i'.T�&.1900
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

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NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G, Ross Jr., Secretary
Fax To: Judy W ehner-
From: Nicholas Mills
Number of Pages: 4
127 Cardinal Drive, Ext.,Wilmington, North Carolina 28405
Phone: [phone] FAX: [phone]nternet: www,enr.state.nc.us/ENR/
An Equal Opportunlry/AOirmstye Acilon Emp over-50%Rwyded L 10%PuSi Consumer Papar
TO 39Vd aN3QON BTOZO9EOT6 9E:EO 80OZ/60/170

North Cara)lina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE TION REPORT
"PERMTTM MINE)
I. OPERATOR...,,:,eA c;. 2. COUNTY sa1+5���'nl�'. 3, CASE # Id�3S-
a. LOCATION: ��.1?,�a
S. PERSON(S) CONTACTED AT SITE:
6. TYPE INSPECTION:
❑ A. Initial inspection
1. Size of affected. land: ac. (attach sketch map)
2. How was this a,:ea measured? Measured by:
❑ B. Follow-up Inspection
1. Date of last inspection _ D 6' /-,%:-6�7
2. Any mining since that date? E'Yes ❑ No If yes, cite evidence of such mining
activity 1%w ,,, ' ` 111014S M4 ,
,R�tA ►Ky�r'nr� Air
7. Pictures taken? w(Yes ❑ No Taken by: Q M
8. Was mine operating at time of inspection? Q Yes Cflo If yes, explain.
9. Is there any off-site damage? A. 53�Ye5 B. ❑ No C. ❑ None observed
If A, describe the type and severity of the damage: A e -live- 66
- - cj'jei _�► AP►tea f e `„
If B or C, is there potential for offsite damage? ❑ Yes ❑ No Explain
10. Corrective measures needed and/or taken: .'
nn , rr ff
1
d a 1f-
"Ta re- you S al'4—. -..._
11. Other comments:
12, No. of additional pages of Inspection Report --Q_ 113.f-opy of Report sent to operator
INSPECTED BY: �����a_6 +�� J DATE Of
White copy to file Yellow copy to operator Pink copy to Mining Specialist IW97
90 39Vd i N30N BTOZOGEO16 9E:E0 800Z/60/G0

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Willi G. R
Director and State Geologist William Jr.,J r. Secretary
April. 8, 2008
NOTICE OF VIOLATION FOR NllNI.NC WITHOUT A PERMIT
CERM'JED MAIL: 70070220000082233659
)KB'UMN RECEIPT RF5QU ESTED
Mr. Steve Simmons
Simmons Construction Corn.pany
Route 1 Box 383 A
Asti, NC 28420
Dear: Mr. Steve Simmons
This is to inform you that you and/or your firm are/is violating the Mining Act of 1971 by operating a
mine without a permit as rec;aired by North Carolina General Statutes (hereinafter NCGS) 74-46, et seq.,
as amended. ... ....
On ,April 2, 2008,personnel of this office inspected a mining operation being undertaken on SR 1.360
Shallotte,North Carolina. Personnel of this office have also determined that(you and/or your firni)
are/is the operator of this nime. the area affected at the site by nniiiing-related activities was measured
to be 7 acres in size.
Pursuant to G.S. 74-59 of&e Mining Act of 1971, no person nnay operate a mine without first obtaining
a mining permit and also posting a bond to ensure that the site is reclaimed. Mining is defined by NCGS
74-49 as:
The brcaking of the surface in order to facilitate or accomplish the extraction or removal of minerals,
ores, or other solid matter;
Any activity or process constituting all or part of a process for the extraction or removal of minerals,
ores, soils, and other solid matter from its original location; and/or
The preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to
make them suitable for cornmemial, industrial, or construction use.
Wilmington Regional Office
127 Cardinal drive Ext,Wilmington,North Carolina 28405-3845 • Phone: 910-790•7215!FAX: [phone]
60 3E)Vd dN3QCN BIOZ99E016 9E:Eta 1306L/66/ti9

Noticu of Violations for Miring without a Permit
Mr. Steve Simmons of Simmons Constmction Company
4/8/08
Page 2 of 3
"Minerals" means any Soils, clay, coal, stone, gravel, sand, phosphate, rock metallic ore, and any other
solid material or substance of commercial value found in natural deposits on or in the earth (NCGS 74-
4.9(6)).
Because you are in violation of The Mining Act of 1971 you are directed to immgdiatelYhalt the above
mentioned mining_operatior, until vau have attained a valid minim,-D it ftom this artment.
Please contact this office immediately at 127 Cardinal Drive Ext. Wilmington,North Carolina 28405
(910)-796-7230 to indicate;Dour intention to comply with the Act. In addition, you must take the
following corrective actions to bring this site into compliance;:
1. File the attached application for a permit, including a reclamation plan,within 30 days of your
receipt of this Notice.
2. In the event that your application for a permit is approved, you must post a bond or other form of
security acceptable to the Department to ensure that the affected area will be reclaimed when your
mining operation has tnininaled. The bond does not have to be submitted concurrent with the
application for a pemii-.
3. Pending the decision to approve or deny your application for a permit, you must take the following
corrective actions to re°.;tore or repair any damage that has resulted from your unlawful mining
activity: Obtain a miiiing permit from the Division of Land Resources. Cease all mining activities
until a mining permit i:, obtained.
Or
4. As an alternative to filing the attached mining permit application, you must immediat initiate
reclamation of this site and complete the reclamation within 60 days of receipt of this Notice.
Should you choose thi.alternative, you must submit within 30 days of receipt of this Notice a plan
detailing the intended t:eclarnation including a specific schedule for completion of this work-
Violations of the Mining Aci for mining without a permit are subject to a civil penalty of up to $5,000.00
per day for each day of a continuing violation. A penalty may be assessed for violations committed
prior to your receipt of this notice. A penalty will be assessed for violations committed after receipt of
this Notice. Should you fail to comply with the terms of this Notice within the prescribed time frames,
additional enforcement action will be taken. Such action may result in the issuance of ati injunction or
the imposition of a criminal penalty.
The responsibility for understanding and complying with the requirements of the Act rests upon the
individuals and firms who ,ire subject to its requirements. A copy of the Act and the Administrative
Rules is enclosed for-your information.
60 3E)dd NN3IION 810Z05E016 9E:E0 800Z/60/170

Notice of Violations for Mining without a Permit
Mr. Steve Simmons of Simmons Construction Company
a/sios
Page 3 of 3
The subject site will not be considered in compliance with the Act until you have obtained a valid
minim permit and/or satisfactorily completed the required reclamation work.
Please do not hesitate to con=t either Nick Mills or me regarding any questions you might have on this
matter.
Sincerely,
Carol Miller
Acting Regional Engineer
Land Quality Section
Attaclunents; Two Mining.Permit Applications
The Mining Act of 1971
NCAC Title '15A Chapter 5
cc: Mr. Floyd Williams,PG
b0 3E)Vd W3QON BIOZOSE016 9E:E0 B00Z/60/00

E U S O 2N O =O
Name, address, and telephone number of person requesting
information: "OU-:
iN yWP _
-' 60'
d-6 , )e- - guvjA,pCi ZQLZ
Information to be sent (check all that apply) :
,E. Business Card
Mining Act of 1971
3r- Administrative Rules
❑ Application Form
❑ Schedule of Reclamation Costs
J� Mining Brochure
❑ Guidelines on Reclamation Bonds
❑ Assignment of Savings Account- Form
❑ Irrevocable Standby Letter of Credit Form
❑ Surety Bond Form
❑ Renewal Checklist
❑ Modification Checklist
❑ Transfer Checklist
❑ Annual Reclamation Report Form . (2 copies)
other:
* Susan - After sending the above information:
❑ PLEASE FILE THIS FORM UNDER REQUESTS FOR
INFORMATION
PLEASE FILE THIS FORM IN THE MINE FILE (PERMIT
NO. �0-3 )
Thanks
6/94
I1

NOTICE OF ISSMCE OF
MINING PMMIT
You have previously expressed an interest and/or are listed as an
adjoining land owner in the application for a mining permit filed by
Simmons Construction Company to conduct mining activities off SR 1360
south of Shallote in Brunswick County. The mining permit (no: 10-35) was
issued on December 8, 1994 .
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 the Office of
Administrative Hearings withins' t 0 s 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 150B-23 . File the original
petition and one copy with the Office of Administrative Hearings, P.O.
Drawer 27447, Raleigh, N. C. 27611-7447.
Any questions about filing a petition may be directed to the Clerk
of the Office of Administrative Hearings by telephoning (919) 733-0926 .
You must serve the Department of Environment, Health and Natural
Resources by mailing a copy of the petition to Mr. Richard B. Whisnant,
Registered Agent and General Counsel , Post Office Box 27687, Raleigh,
North Carolina 27611 .
f�
C arles H. Gardner
Director
Division of Land Resources
North Carolina Department of
Environment, Health and Natural
Resources
This notice was mailed on fqq V
�r
Susan Edwards
Mining Program Secretary -

NOTICE OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed as an
adjoining land owner in the application for a mining permit filed by
Simmons Construction Company to conduct mining activities off' SR 1360
south of Shallote in Brunswick County. The mining permit (no: 10--35) was
issued on December 8, 1994.
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 the Office of
Administrative Hearings 4it4n-..4xty (60) 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 150B-23 . File the original
petition and one copy with the Office of Administrative Hearings, P.O.
Drawer 27447, Raleigh, N. C. 27611-7447.
Any questions about filing a petition may be directed to the Clerk
of the Office of Administrative Hearings by telephoning (919) 733-0926.
You must serve the Department of Environment, Health and Natural
Resources by mailing a copy of the petition to Mr. Richard B. Whisnant,
Registered Agent and General Counsel, Post Office Box 27687, Raleigh,
North Carolina 27611.
L2==z== tz-
C arles H. Gardner
Director
Division of Land Resources
North Carolina Department of
Environment, Health and Natural
Resources
This notice was mailed on flgq v
Susan Edwards
Mining Program Secretary

Date QC,
MEMORANDUM
TO: Fife
FROM: Susan Edwards `
SUBJECT: Notice of Issuance of Mining Permit
Of-
A copy of the attached "Notice of Issuance of Mining Permit" was sent to
all people listed in the Affidavit of Notification and any additional people who
sent in letters. If a public hearing was held, a copy of the "Notice of
Issuance of Mining Permit" was sent to all people who signed the sign in sheet
at the public hearing. My initials, written in red, will be beside the names of
the people in the file who were sent this "Notice" .
cc: Regional Engineer

NOTICE OF__ ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed as an
adjoining land owner in the application for a mining permit filed by
Simmons Construction Company to conduct mining activities off SR 1360
south of Shallote in Brunswick County. The mining permit (no: 10-35) was
issued on December 8, 1994.
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 the Office of
Administrative Hearings w't s' 6 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 150B-23. File the original
petition and one copy with the Office of Administrative Hearings, P.O.
Drawer 27447, Raleigh, N. C. 27611-7447.
Any questions about filing a petition may be directed to the Clerk
of the Office of Administrative Hearings by telephoning (919) 733-0926.
You must serve the Department of Environment, Health and Natural
Resources by mailing a copy of the petition to Mr. Richard B. Whisnant,
Registered Agent and General Counsel, Post Office Box 27687, Raleigh,
North Carolina 27611 .
J �
Charles H. Gardner
Director
Division of Land Resources
North Carolina Department of
Environment, Health and Natural
Resources
This notice was mailed on� �99
Susan Edwards
Mining Program Secretary
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TO RETURN IN A WINDOW ENVELOPE,
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State of North Carolina
Department of Environment, MAI
Health and Natural Resources •
Divislon of Land Resources
C)FE F1
FAX TRANSMITTAL COVER SHEET
DATE: f/1-IbL[
FROM: '(Y _t>AVt,'>
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
P.O. BOX 27687
RALEIGH, NORTH CAROLINA 27611
(919) 733-4S74
FAX NUMBER: 733 2876
TO: 41F/ S 1 fit►u.�u�
COMPANY/DEPARTMENT.-
PHONE NO.:
FAX NO.: q l0 vs-1
COMMENTS:
WE ARE TRANSMITTING 4- PAGES INCLUDING COVER SHEET. -
Geological Survey Section Land Quality Section Geodetic&urVeyv Se
[phone] [phone] (919).733-3836
FAX:[phone] FAX:[phone] FAX:[phone]
PA. Box 27687,Raleigh,North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper
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WINE RECLMATION BOND CALCULATION SHEET
(based upon 10-•year mine/affected area plan)
Permit No.TlAgL
Permittee• 1L{ V &
Mine Name: IA-14d4 L411A5,
AFFECTED RECLAMATION RECIAN►TION
CATEGORY ACREAGE COST/ACRE COST
Tailings/ 90
Sediment Ponds 0•7., Ac. X $ / Ac. - $ In.
Stockpiles 0• Ac. X $ abrD / Ac. - $ 45-0, ao
Wastepiles Ac. X $ 2,M* / Ac. _ $ 50, 11D
Processing Area/
Haul Roads �.�� Ac. X $ n0a / Ac.
Mine Excavation G Ac. X $ boo / Ac. - $ 3 D�
Other Ac. X $ / Ac. - $
TOTAL ACREAGE: ��� Ac. SUBTOTAL COST: $ s.l'D
ADDITIONAL RECLAMATION COST FACTORS:
a. Inflation: O for permit life of 1 to 5 years:
SUBTOTAL COST X 0.10 = $
for permit life of 6 to 10 years:
SUBTOTAL COST X 0.25 -- $ IO�iG 7Ji
b. Mobilization: SUBTOTAL COST X 0.40 = $ t7oG-DO
C. Administration: SUBTOTAL COST X 0.20 _ $ aC?�.v0
a + b + c = $ 3G + SUBTOTAL COST = $ '7 $qo
TOTAL RECLAMATION BOND COST: $ -J 1 boo- 00
(round down to the nearest $100)

• •
-2-
Bond Based Upon: Annual Reclamation Report Form Acreage
Approved 10-Year Mine/Reclamation Plan
Remarks: lam- Is at"
R 1117, 3
Bond Calculated By
• A " -�
•b�
Date of Bond Calculation: �iu.-

SCHEMMF
L OF RECLAILATIONCOSTS
_(japed upon rangg- of, $500 S5,000_perr, affected agre)
COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow =
Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI
= Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY =
Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat,
AU = Gold, TI = Titanium, and OT = Other
Type T/S Ponds S.piles W.piles P.area/H.R. Mine Excay.
SG, GS, 500 ac. (L $1800/ac. $2000/ac, $1800/ac. 500/ac. (L)
Borrow 1500 FI
CS, DS, 500(4) 1800 2000 2000 500(L)
FS, MI, 1500(FI) 2500(PD)
LI, PF,
OL, KY
PH, CL 1000(L) 2500 5000 5000 2000(L)
2500(FI) 5000(PD)
PE, AU, 1000(L) 2500 3000 3500 2000(L)
TI, OT 2500(FI) 5000(PD)
(L) = reclamation to a lake and revegetating sideslopes
(FI ) = reclamation by filling in and revegetating
(PD) = reclamation by grading for positive drainage and
revegetating
AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY
THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION
COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED TO THE
FOLLOWING ADDRESS 1111KIN 30 DAYS FOLLOWING YOUR RECEIPT OF THIS BOND
CALCULATION: '
Mining Program
Land Quality Section
P.O. Box 27687
Raleigh, North Carolina 27611
YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND
DETERMINATION.
* PLEASE RE141T THE REQUIRED BOND, ON ONE OF THE BOND FORMS APPROVED BY THE
DEPARTMENT, AS SOON AS POSSIBLE TO ENSURE THAT YOUR MINING PERMIT REMAINS
VALID. IF YOU SHOULD HAVE ANY QUESTIONS ON THE ABOVE, PLEASE CONTACT THE
INDIVIDUAL WHO CALCULATED YOUR BOND AT (919) 733-4574.

OATE TO0 SPEED
FROM �� R®
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SUBJECT
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TO RETURN IN A WINDOW ENVELOPE,
PLEASE FILL IN NAME AND ADDRESS HERE AND
FOLD AS SHOWN WITH THIS SIDE FACING WINDOW.
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MINE c oCALCULATION-
(based upon 10-year mine/affected area plan)
Permit No.
Permittee• f 40.
Mine Name: JAf AV< lA.&
AFFECTED RECLAMATION RECLAPPMON
CATEGORY ACREAGE COST/ACRE COST
Tailings/
Sediment Ponds O• Z Ac. X $ Ac. _ $ +Oa
Stockpiles Ac. X $ Ac. _ $ '
Wastepiles O.0 Ac. X $ ? / Ac. _ $
Processing Area/
Haul Roads O.K Ac. X Ac. - $ D
Mine Excavation Ac. X $ / Ac. _ $ iZ rp
Other Ac. X $ �- / Ac. _ $
TOTAL ACREAGE: -7'v Ac. SUBTOTAL COST: $ f�7 d•�
ADDITIONAL RECLAMATION COST FACTORS:
a. Inflation: O for permit life of 1 to 5 years:
SUBTOTAL COST X 0. 10 - $
/
0' for permit life of 6 to 10 years:
SUBTOTAL COST X 0. 25 = $ 3 4Gd.Qrn
b. Mobilization: SUBTOTAL COST X 0.40 - $ 3G0�
C. Administration: SUBTOTAL COST X 0 . 20 -- $
a + b + c = $ - kD + SUBTOTAL COST = $ - �
TOTAL RECLAMATION BOND COST: $ ZS, &6v• d"b
(round down to the nearest $100)

-2-
Bond Based Upon: Annual Reclamation Report Form Acreage
Approved 10-Year Mine/Reclamation Plan
Remarks:
is t
s� AdG3 -Cr,. LoA-
Bond Calculated By: 7
Date of Bond Calculation: ?�l71qq
1

S-CHEPUE OF RECLANATION COSTS
erange—of00 - $5,000-Rgg affoctede
COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow W
Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI
= Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY =
Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat,
AU = Gold, TI = Titanium, and OT = Other
Type T/S Ponds S.piles W.piles P.area/H.R. Mine Excay.
S , GS, $5 (L) 1800/ac 2000/ac $1800/ac. $5 L)
Borrow 1500(FI 000(PD)
CS, DS, 500(L) 1800 2000 2000 500(L)
FS, MI, 1500(FI) 2500(PD)
LI, PF,
OL, KY
PH, CL 1000(L) 2500 5000 5000 2000(L)
2500(FI) 5000(PD)
PE, AU, 1000 (L) 2500 3000 3500 2000(L)
TI, OT 2500(FI) 5000(PD)
(L) = reclamation to a lake and revegetating sideslopes
(FI) = reclamation by filling in and revegetating
(PD) = reclamation by grading for positive drainage and
revegetating
AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY
THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION
COSTS FROM A THIRD PAMY CO ..ACTOR. SAID ESTIMATE MUST BE PROVIDED TO THE
FOLLOWING ADDRESS WITHIN_ a,0 DAYS FOLLOWING YOUR RECEIPT OF THIS BOND
CALCULATION:
Mining Program
Land Quality Section
P.O. Box 27687
Raleigh, North Carolina 27611
YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTORS FINAL BOND
DETERMINATION.
* PLEASE REMIT THE REQUIRED BOND, ON ONE OF THE BOND FORMS APPROVED BY THE
DEPARTMENT, AS SOON AS POSSIBLE TO ENSURE THAT YOUR MINING PERMIT REMAINS
VALID. IF YOU SHOULD HAVE ANY QUESTIONS ON THE ABOVE, PLEASE CONTACT THE
INDIVIDUAL WHO CALCULATED YOUR BOND AT (919) 733-4574.
z

EIINR - MINING: MI AL RESOURCES T15A: 05B .0000
SUBCHAPTER 5B - PERMITTING AND REPORTING
.0001 PURPOSE
.0002 ACTIVITIES REQUIRING PERMITS
History Note: Statutory Authority G.S. 74-50, 74-63; 74-67; 143B-290(1)(d);
E . February 1, 1976;
Amended Eff. January 31, 1979,
Repealed E„ . November 1, 1984.
.0003 BONDING REQUIREMENTS
(a) After an application for a new mining permit or permit renewal, modification, or transfer
is considered approvable by the Department, an applicant or permittee must file a bond with the
Department in an amount to be determined by the Director.
(b) if the applicant or permittee disagrees with the bond amount determined by the Director,
the applicant or permittee may submit to the Director for his consideration, an estimate of
reclamation costs from a third party contractor to be used as the bond amount. The estimate
shall be provided to the Director within 30 days following the receipt of the Director's initial
bond determination. After considering the estimate and recommendations provided by his staff,
the Director shall notify the applicant or permittee of his bond determination and the process and
conditions used to set the bond amount.
(c) The Director may invite the applicant or permittee to submit to the Department an estimate
of reclamation costs from a third party contractor for the Director's use in determining the
required bond amount. After considering the estimate and the recommendations provided by his
staff, the Director shall notify the applicant or permittee of his bond determination and the
process and conditions used to set the bond amount.
(d) The amount of the bond shall be based on the costs to reclaim the affected land as
determined by the reclamation plan approved pursuant to G.S. 74-53 and 15A NCAC 5B
.0004(b). The bond amount shall be based on a range of five hundred dollars ($500.00) to five
thousand dollars ($5,000) per acre of land approved by the Department to be affected. If the
mining permit is modified to increase the total affected land, the bond shall be increased
accordingly. The Director shall consider the method and extent of the required reclamation for
a particular site in determining the bond amount. As areas at a site are reclaimed and formally
released by the Department, the permittee may substitute a bond in an amount covering the
remaining affected land at the site for the bond previously filed with the Department; otherwise,
without such bond substitution, the Department shall retain the previously filed bond until all
reclamation has been completed and approved by the Department.
(e) If an applicant or permittee has multiple sites, the applicant or permittee may file a separate
bond with the Department for each site or the applicant or permittee may submit one blanket
bond covering all sites in the aggregate amount of all bond totals. Once the total amount of all
bonds for separate sites or the total of blanket bond(s) for all sites reaches five hundred thousand
dollars ($500,000):
(1) the applicant or permittee with separate bonds may substitute a five hundred thousand
dollar ($500,000) blanket bond to be used for all future sites, or
(2) the applicant or permittee with the five hundred thousand dollar ($500,000) blanket
NORTH CAROLINA ADMINISTRATIVE CODE 01119194 Page 1

E/INR - MINING: MINSL RESOURCES 1'15A: 05B .~
bond covering all sites may use that blanket bond for all future sites,
if the Director finds that the applicant or permittee, in either case, has a good operating record,
that the five hundred thousand dollars ($500,000) is sufficient to reclaim all sites and that no
additional reclamation bond money is needed. If the Director finds that the applicant or
permittee does not have a good' operating record, that the five hundred thousand dollars
($500,000) is not sufficient to reclaim all sites, or that additional reclamation money is needed,
the Director shall require per acreage bonding for future sites as provided in Paragraph (d) of
this Rule.
(f) For the purposes of this Rule, a good operating record is defined as two consecutive years
of operation within the State of North Carolina without final assessment of a civil penalty or
other enforcement action pursuant to G.S. 74-64, or having a permit suspended or revoked under
G.S. 74-58, or having a bond or other surety forfeited under G.S. 74-59. For the purposes of
this Rule, a bond shall include any and all types of security allowed under G.S. 74-54.
History Note: Statutory Authority G.S. 74-51; 74-54; 143B-290;
Eff. February 1, 1976,
Amended E_ . January 1, 1994;April 1, 1990; November 1, 1985, November 1,
1984.
.0004 INFORMATION REQUIRED IN PERMIT APPLICATION
(a) The completed application for the mining permit shall include information concerning the
mining operation and a reclamation plan for the restoration of all affected land. Information
required concerning the mining operation shall include:
(1) materials to be mined;
(2) method of mining;
(3) expected depth of mine;
(4) size of the mine, including:
(A) acreage for tailings ponds,
(B) acreage for stockpiles,
(C) acreage for waste piles,
(D) acreage for processing plants,
(E) acreage for mine excavation,
(F) acreage for annual disturbance;
(5) anticipated effect on wildlife, freshwater, estuarine or marine fisheries;
(6) whether or not the operation will have a waste water discharge or air contaminant
emission which will require a permit from the division of environmental management;
(7) method to prevent physical hazard to any neighboring dwelling house, school, church,
hospital, commercial or industrial building, or public road if the mining excavation will
come within 300 feet thereof,
(S) measures to be taken to insure against landslides and acid water pollution;
(9) measures to be taken to minimize siltation of streams, lakes, or adjacent properties
during the mining operation;
(10) measures to be taken to screen the operation from public view.
(b) Information required in the reclamation plan shall include:
(1) intended plan for overall mine reclamation, subsequent land use and the general
methods to be used in reclaiming;
(2) intended practices to be taken to protect adjacent surface resources;
NORTH CAROLINA ADMINISTRATIVE CODE 01119194 Page 2

M .s< o i
91992
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W. Cobey, Jr., Secretary Regional Manager
June 5, 1992
NOTICE OF CONTINUING VIOLATIONS OF THE M N1NG ACT
_CE_RTIMQ MAIL
RETURN RECEIPT REQUESTED
Simmons construction Company
Mr. Steve Simmons, President
Route 1, Box 383A
Ash, North Carolina 28420
RE: Simmons Mining Violations Letter (August 30, 1991)
Dear Mr. Simmons:
On September 9, 1991, you received a letter from this office dated August 30,
1991, that informed you of violations of the Mining Act of 1971 because of your
mining operation that had been begun without benefit of permit. That letter, a
Notice of Violation, informed you that it was necessary to first, cease all mining
activities unto permit application was reviewed, approved and permit issued; and
second, once permit approval was achieved, a bond was to be posted to ensure
reclamation of the mine. While application was made and approval of the
application achieved, you have failed to secure and post a bond; which has
resulted in no issuance of the permit.
On June 3, 1992, an inspection of this mining operation was conducted by
personnel of this office. While no permit for this operation has been issued,
m''� permit conditions that were in the proposed permit draft are currently
being violated. We include a list of site violations:
1. Dewatesing of this pit is being conducted without benefit of any required
permit, such as the NPDES permit., from the Water Quality Section. This
matter will be referred to them for further dispensation.
2. Off-she sedimentation is occurring due both to the dewatering process,
velocities from the pump is damaging areas suspected to be U.S. Army
Corps cf Engineers jurisdictional wetlands, and a failure to install
erosion contra devices to prevent sit ladened stormwater from flowing
off site.
3. The pit continues to operate without benefit of a Mining Permit.
127 Cardinal Drive Extension, Wilmington, N.C. 2W5-3945 0 Telephone [phone]•Fax [phone]
An Equal Opportunity AHinnative Action Employer

0
Simmons Construction Company
June 5, 1992
Page 2
Because you are in violation of the Mining Act of 1971, you are directed to
immediately halt this mining operation until you have posted, the regjjjggd bond and
obtained a-valid-mining 12ermit form the Doartment. Please contact Ms. Beth
Chesson or Mr. Tony Sample, the Assistant Mining Specialists at (919) 733-4574, to
update your mining status, and they will discuss with you your options in the
matter of the bond. In addition, you must take the fallowing corrective actions to
bring this site into compliance with the Act:
1. Cease the dewatering procedures on site untE. the proper notification of
the Division of Environmental Management's water Quality Section is
accomplished and any permissions or approvals, such a NPDES permit,
necessary from that Section has been obtained.
2. A31 temporary and permanent sedimentation and erosion control measures
necessary to prevent the escape of sediment from this mining activity are
installed. One such measure includes a proposed sediment basin.
Violations of the Mining Act for operating without a permit are subject to a
civ3l penalty of up to $5,000.00 per day for each day of a continuing violation.
Since you have been previously notified of these violations on September 9, 1992,
clearing making you responsible for violations after receipt of that notice, our
office cannot extend a period for compliance; however, timely response can
influence the severity of any civll penalties.
The responsibility for understanding and complying with the requirements of
the Act rests upon the individuals and firms who are subject to its requirements.
A copy of the Act and its Administrative Rules are enclosed for your information.
Please do not hesitate to contact either Carol. Miller or me regarding any
questions you might have on this matter.
Sincerely,
Daniel Sams, .E.
Wilmington Regional Engineer
Land Quality Section
DES/dan
cc: Tracy Davis, State Mining Specialist
Enclosures

.. _. ... ,.. . ._ ...-' .. .. _.. . -. .. ....,.�..,.. •---....y.;, _,�c..� .•e►-,.,.ti. ...ran,:Kcr7.,•,Y�.`+rA�'. ...-- - .`E. ..a.;,�: •:r:::,s.ti..:`�. ._s:...
North Carolina Department of Environment, Health,and Natural Resources,
Division of Land Resources, Land Oual' Section
MINE INSPECTION REPORT
(UNPERMITTED MINE)
1.OPERATOR OUNTY_ Lc-t-� ASE#
4. LOCATION: S " r
5. PERSON (S) CONTACTED AT SITE: Z ..
6.TYPE INSPECTION: .
A. Initial Inspection
1. Size of affected land: 5t ac. (attach sketch map)
2. How was this area measured ? Measured by:
B. Fallow-up Inspection
1. Date of last inspection I
2.Any mining since that date 7 FjYes []No If yes,cite evidence of such
mining activity 14
r' .'t*:'
7. ictures taken ? Y s ❑ No Taken by,
8.Was mine operating at time of inspection ? Yes ❑ No If yes explain.
9. Is there any off-site damage ?A. P[Yes B.❑No. C.[-] .None observed .
If A,des ribe the type and severity of the damage:
r
S C
If B or C, is there potential for offsite damage? ❑ Yes No Explain
10. Co sl
Clive measures needed and/or taken: .
J
r.
1 i./Other com ants: O <c
r'C lt. d7-I i
12. No.of additional pages of Inspection Report 13. Copy of Report sent to operator
INSPECTED BY: '14ZDATE: !.
White copy to ne YeHow copy to operator Pink copy to Mining Specialist

i
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Land Resources
Jam April 13 , 1992es G.Mardn,Govemor Charles H.Gardner
William W.Cobey,Jr.,Secretary Director
Mr. Steve Simmons
Simmons Construction Company
Route 1, Box 383 A
,Ash, NC 28420
RE: Simmons Mine
Brunswick County
Dear Mr. Simmons:
Your application for a mining permit for the Simmons Mine in
Brunswick County has been reviewed. Enclosed is a draft of the
mining permit proposed by the Department. The conditions in the
draft permit were based primarily upon information supplied in
your application with conditions added if necessary to ensure
compliance with The Mining Act of 1971 .
Also enclosed is a form for your use in securing the
required $5 ,000 .'00 surety bond. For your convenience, I have
enclosed a bond form and an assignment of a savings account form.
The name on the bond or assignment form must be the same as the
name appearing on the application for a mining permit. In
addition to one of these alternatives you may, upon 'request,
substitute a cash deposit, mortgage of real property or
negotiable securities.
Please review the draft permit and contact this office
should you have any objection or question concerning the permit
conditions. G.S. 74-51 provides the operator 60 days following
the mailing of application approval notice .in which to file the
required surety.
The permit will be issued when the required surety has been
received. No mining may be conducted until the permit is issued.
G.S. 74-64 states that the issuance of a mining permit does not
supercede local zoning regulations. The responsibility of
compliance with the applicable zoning regulations lies with you.
P.O.Box 27687 • Raleigh,N.C.27611-7687. • Telephone [phone]
An Equal Opportunity Aftirmadve Action Employer

• Mr. Steve si.nvTon* •
April 13 , 1992
Page 2
Furthermore, the issuance of this draft permit does not
preclude the assessment of a civil penalty for mining without a
permit or for other violations committed prior to the issuance of
this mining permit.
Please advise at ( 919) 733-4575 if you should have any
questions concerning this matter .
Sincerely,
/la#eDavis , E. I .T.
dining :�peci.alis`
TED/TS/se
7nclosure
�•c : i,].r.. Dan rams

0
nM1PA1R'TMENT OF ENV xRONMENT , HEALTH
_Awn NATURAL RE SOURCE S
02V2S2ON 4JF LAND RESOURCES
LAND QTJAL I%Y SECT 2 ON
P E R M = T
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:
Simmons Construction Company
Simmons Mine
Brunswick County - Permit No.
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.
MINING PERMIT EXPIRATION DATE:

0
Page 4 of 8
In accordance with the application for this mining permit, -Which
is hereby approved by the Department of Environment, Health 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.
Ti: 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.
Definitions
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.
Expiration Date
This permit shall be effective from the date of its issuance
until

Page 3 of 8
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 , any wastewater processing or mine dewatering shall be in
accordance with the permitting requirements and rules
promulgated by the N.C. Environmental Management Commission.
2 . Any mining process producing air contamination emissions
shall be subject to the permitting requirements and rules
promulgated by the N.C. Environmental Management Commission.
3 . A. Sufficient undisturbed buffer shall be maintained
between any affected land and any adjoining waterway to
prevent sedimentation of that waterway from erosion of
the affected land and to preserve the integrity of the
natural watercourse.
B. The disturbance of any wetlands shall be in accordance
with the U. S. Army Corps of Engineers Nationwide
Permit No. 26 (Headwaters and Isolated waters) Action
ID. 199200955 dated February 5, 1992 .
4. A. Adequate mechanical barriers including but not limited
to diversions, earthen dikes, brush barriers, silt
check dams, silt 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 watercourse in proximity to the
affected land.
B. Sufficient diversions shall be constructed and
maintained to ensure all drainage will be diverted into
the Sediment Basin.
5. 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 offsite damage
because of siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to
restrain such erosion.
6. 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.

Page 4 of 8
7 . Existing vegetation or vegetated earthen berms shall be
installed and maintained between the mine area and any
public thoroughfares and adjoining properties whenever
practical to screen the operation from public view.
8 . Sufficient undisturbed buffer (minimum of 35 feet
undisturbed) shall be maintained between any excavation and
any adjoining property line or right-of-way to prevent
caving of that property and to allow grading of the side
slopes to the required angle.
9. A. No on-site disposal of refuse or other solid waste that
are 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 Solid
Waste Management and the Land Quality Section,
Department of Environment, Health and Natural
Resources . The method of disposal shall be consistent
with the approved reclamation plan.
B. Mining refuse as 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 Solid 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.
10 . All permit boundaries shall be permanently staked in the
field on 100 foot intervals.
11. An Annual Reclamation Report shall be submitted on a form
supplied by the Department by February 1 of each year until
reclamation is completed and approved.
12. The operator shall notify the Department in writing of the
desire to delete, modify or otherwise change any part of the
mining, reclamacion, or erosion/sediment control plan
contained in the approved application for a mining permit.
Approval to implement such changes must be obtained from the
Department prior to on-site implementation of the revisions.
13 . The security which was posted pursuant to N.C.G.S. 74-54 in
the form of is sufficient to cover the operation as
indicated on 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.

r
Page 5 of S
h
1.4 . 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.

•
Page 6 of 8
. APPROVED RECLAMATION PLAN
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.
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, 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 regrade and
satisfactorily revegetate any disturbed areas .

f
•
Page 7 -jf 8
2 . The specifications for surface gradient restoration to a
surface suitable for the planned future use are as follows:
A. All sideslopes shall be graded to a 3 horizontal to 1
vertical or flatter slope.
B. Any settling ponds or sediment basins shall be
backfilled and stabilized.
C. Any areas used for wastepiles , screening, stockpiling
or other processing shall be leveled and smoothed.
D. Compacted areas shall be disced, subsoiled or otherwise
prepared before revegetation.
E. No contaminants shall be permanently disposed of at the
mine site. on-site disposal of waste shall be in
accordance with operating Condition 9 A. and B.
F. 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 Mr. J.
Phillip Norris, P.E. dated August 16, 1991 and the following
additions:
Temporary Seeding Specifications
Dates Species Rate Lbs/Acre
December 1 - April 15 Rye Grain and 120
Annual Lespedeza 50
April 15 - August 15 German millet 40
August 15 - December 30 Rye Grain 120

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Page 8 of 8
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 one year of completion or termination of
mining.
Permit issued this day of 19
By:
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
of the Department of Environment, Health and Natural Resources

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1
March 16, 1992 E C E ! V F D
M$MORANDUM MAR 17 1992
TO: Beth Chesson, Assistant Mining Specialist LAND QUALITY SECTION
FROM: Daniel Sams, Wilmington Regional Engineer
RE: Mining Permit Reviews
Stella Sand Pit, Stella Construction Company, Carteret County - The new plan
clarifies the site condition much more than the previous submissions.
Kraynak's inspection of the site found the pit in relatively good shape;
therefore, we have no objections to the permit.
Simmons Mine, Simmons Construction Company, Brunswick County - The newest
plan submittal is not significantly different than the one we reviewed in
August 1991. Please see our comments to you for August 30, 1991. The
only change is to call the mining limits to the edge of the property line
making us wonder if the buffer zone provides any visibility barrier.
Little Bit Mine Ralph Beasley, Brunswick County - Enclosed is the comments
you requested from the U.S. Army Corps of Engineers for this application.
We have visited the site and have no objections to the application.
J.P. RussN.C. 904 Pit, James P. Russ & Son, Inc. , Brunswick County - We
have referred this application to D.E.M. for comment. The site does not
appear to be in area where zoning presents a problem. We have no
objections to the application.
Barefoot Mine, Benson Construction Company, Columbus County - We had some
problems with the accuracy of the original plan (Feb. 7) ; therefore, we
conducted a second inspection of the site with Mr. Benson in attendence.
We asked for and got a second site plan (March 6, 1992) that was more
comprehensive. Both plans are enclosed. We have no other objections.
A.D. Royal Pit, Wilmington Sand & _Gravel, New Hanover County - We have
T done multiple inspections of this site and still feel that unless the site can
be reclaimed significantly, the pit must be modified to include a larger
area. We have compromised with Mr. McIntyre to allow him to reclaim all
but <10 acres to keep his reclamation bond reasonable; however, that will
require Wilmington S & G to stablize more than 25 acres. Since his
submitted map is not scaled, we cannot consider it adequate. The area to
be reclaimed has not had a significant revegetation schedule included.
The true limits of grading are not shown. We fear that the excessive
cleared areas will remain unstablized unless Wilmington S & G is made to
tie down their limits of grading.
Wells Limestone Mine, Colton M. Wells, Duplin County - This application is now
over one year old and should either be acted on or closed.
DES/dan

SPEED E/ �ER®TO "ATE FROM DATE G
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SENDER:DETACH AND RETAIN wiInW rnlry scan Ul"ITc er.�n o�wiv rnoecc

Andre & Kuske
— John R. Andrew, P.E.
CONSULTING ENGINEERS, INC. J. A. Kuske, P.E.
J. Phillip Norris, P.E.
February 19 , 1992 �
N.C. Dept. of Environment, SFcTj�
Health and Natural Resources �I1
Division of Land Resources
P.O. Box 27687
Raleigh, NC 27611-7687
Attn: Ms. Beth Chesson
Re: Mining Permit Application for Simmons Mine
Brunswick County
Dear Ms. Cheeson:
We are writing to respond to your letter of October 24,
1992 concerning the subject project, We apologize for the
delay in responding, but have been held up by the U.S. Army
Corps of Engineers in wetlands determination.
In regard to your letter you had three (3) comments
which we have addressed as follows:
1 . The permitted acreage does include buffer areas,
haul roads and sedimentation control measures.
The limit of mining has been clearly defined on
the mine map. Two revised maps are included with
this letter.
2 . The U. S. Army Corps of Engineers have visited the
site and have determined that 0.6 acres of
wetlands will be impacted. They have issued a
Nationwide Permit No. 26 for this activity. A
copy of the permit letter is enclosed with this
letter.
3. Side slopes have been shown to be 3 horizontal to
1 vertical .
We hope that these responses prove to be satisfactory.
We request that you review this information for approval as
soon as you schedule permits. Please contact us if you have
any questions or additional comments.
202 North Fifth Avenue Wilmington, North Carolina 28401 Telephone: [phone] Facslmlte: 919/343-9604
P.O. Box 2889 Shallotte, North Carolina 28459 Telephone: [phone]

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Ms. Beth Chesson
February 19, 1992
Page 2
Sincerely,
ANDREW & KUSKE
CONS /illi
ENGINEERS, NC.
J P Norri E.
JPN/jmc
enclosure: maps & letter
cc: Steve Simmons

DEPARTMENT OF THE ARMY
WIL.MINGTON DISTRICT, CORPS OF ENGINEERS
ti Po.BOX t eso
G WILMINGTON, NORTH CAROUNAzsaaz iex
February 5, 1992
IN FviPLY}lwFEq 7p
Regulatory Branch
Action ID. 199200955 and Nationwide permit No. 25 (Headwaters and Isolates?
Waters)
Mr. Steve Simmons
Route 1, Box 383A
Ash, North Carolina 2S420
Dear Mr. Simmons:
Reference your application of January 17, 1992, submitted on your behalf
by your conoultant, Mr. Craig Turner, Land Management Group, for Department of
the Army authorization to place till material in 0.6 acres of isolated
,, etlsendn on your property iocatad off S.R. 1360 near Shallotte, ' Brunswick
County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory Progra.-n, Title 33,
Code of Federal Regulations (CFR) , Part 330.6, published in the Federal
Ragi*star on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharger of
dredged or fill material into headwaters and ieolatvd waters providodt
a. The discharge doers not cauav the Iona oC more than 10 acres of waters
of the United 8tatao;
b. The permittee, notifies the District Engineer if the discharge would
cause the lose of waters of the United States greater than one acre in
accordance with tha "Notification" general condition. For discharges in
special aquatic sites, 9ncludi.ng wetlands, the notification must also include
-a delineation of affected epocifiC aquatic aims, including wetlands, and
c. The discharge, including all attendant fQaturam, both temporary anal
permanent, is part of a single and complete project.
Your work is authorized by thin nationwide pax-rait: provided it is
accoraplinhed in strict accordance with the analoaed conditionv. Thia
nationwide permit does not raliovv you of the responsibility to obtain any
required State or local approval,
This verification will be valid for. 2 years from the slate of thin letter
unless the nationwide authorization is modified, reiaaund, or revoked, Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reiaaued without modification or the
activity complies wit11 any subaequent modilicat;ion of the nationwide per-Tait
authorization, If during the 2 years, the nationwidR permit authorization:
e

f
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`I 2
expires or iR suspended or rovoked, or is modified, such that the activity
would no longer comply with the terms and Conditions of the nationwide permit,
i activitieu which have commenced (i.e. , are under conatruction) or are under
contract to G oFe nca in roltaace upon the-nationwide permit will remain
j authorized provided the activity is Completed within 12 months of the date of
the nationwide pQnr.it' s expiration, modification or revocation, unleso
discretionary authority has boon exercised on a case-by-case basis :o modify,
suspend, or revoke the authorization.
QuaR04ione -ar commanta may be addressed to Mr. Rudolf 5chiener, Wilmington
Field Office, Regulatory Branch, telephone (919) 251-4629.
Sincerely,
C. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure) i
Hr. John Parker Mr. Jiio Gregson
North Curolina Department of Wilmington Regional office
Znvironmant, Health and North Carolina Division c!
Natural Reraourcoa Coastal Management
Pout Office Box 27687 127 Cardinal Drive ExtenGion
Raleigh, North Carolina 27611-7687 Wilmington, Na Carolina
gt , North Caral„na 28405
1dr. . John Dorney Mr. aiq Turner
Water quality section d Hanagement Croup
Division of Environmental Management P05t Office Box 2522
North Carolina Department of wilmington, North Carolina 20402
Environmant;, Health and
Natural Resburcea
Post Office Box 27687
Raleigh, north Carolina 27611-7687

DEPARTMENT OF THE ARMY
` WIL MINGTON DISTRICT, CORPS OF ENGINEERS
t� P.O. BOX 188o
WILMINGTON,NORTH CAROUNA 286o2.169C
February 5, 1992
Iry rc"PLY HE PER i0
Rogulatory Branch
Action ID. 199200955 and Nationwide permit No. 26 (Hmadwatera and Isolates:
Waters)
;fir, Steve Siin►rions
Route 1, Box 383A
Ash, North Carolina 20420
-- - Dear Mr. 5immone :
Reference your application of January 17, 1992, submittwd on your behalf
by your consultant, M . Craig Turner, Lund Managament Group, for papartment cf
the Army authorization to place fill material in 0.6 acres of isolated
wetlands on your pxopurty located off S.R. 1360 near Shallotte, Brunswick
Co"nty, North Carolina
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (C1;R) , Part 330. 6, published in the Federal
Resgi-dter on November 22, 1991, lists nationwide permits. Authorization wa&
provided, pursuant to Section 404 of the Clean watts Act, for dischargey of
dredged or fill materiel into head:+atero and iaolatod waters provided&
a. The diaaharga does not cauR9 the loan of more than 10 acres of water.a
of the United Stators;
b. Tile permittae notifies the District Enginear if the dischargo would
cause the losa of waters of the United States greater than one acre in
accordance With tha "Notification" general condition. For diachargem in
special aquatic cited, including wetlands, the notification must also include
a delineation of affected specific aquatic sitsa, including wotlandc; and
C. The discharge, Jnclud1ng all attendant featuro , both temporary and
permanent, is part of a oingle and compldtu project.
Your work is authorized by this nationwido pannit provided it is
accomplioyed in atric;, accordance with khe encloaed rundLtionu. This
nationwide permit does not ralievo you of the rac§onuibility to obtain any
squired State or local approval.
Thief verification will be valid for. 2 y9ara from the slate of this letter
unleas the nationwide authorization is ►nodified, reisvuud, or revoked• Also,
thin verification will remain valid for the 2 years if, durinq that period,
the nationwide permit authorization Is raiaauod without m4dificativn or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during tha 2 year's, the nationwide permit authorization

i I._ 'a 4 79 i i
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` -2..•
expires or to suspended or revoked, or is modifLed, aueh that the activity
1 would no longer comply with the terms and conditions of the nationwide permit,
j activities= which have commenced (i.e. , are under construction) or are under
contract to eott>menco in xolLance upon tho-nationwide permit will remain
authorized provided the activity Ju completed within 12 months of t!!o date of
the nationwido pQ nni:.' a expiration, modification or rQvocation, 'unleso
discretionary authority has baron axorcieed on a cape-by-caoe basis _o nod!.'„
l sumpond, or revoke tho authorization.
Quastionn or communto may be eaddrsanaed to Yx. Rudolf Schiener, Wiimingtc,n
Field Office, negulsc_ory Branch, telephone (919) 251-4629.
r sincerely,
i
G. Wayne WrLght
t Chief, Rogvl,atory Branch
Encloaura
COplog Furniohad (without anclosure) I
Mx. John Parker Mr. Jii>ii Gragoon
Nor_h Carolina Department of Wilmington Regional Office
Environmant, Health and North Carolina Divisicn of
Natural Reacurc46 Coaotal Har>,agament
P06t ottico Box 27687 127 Cardinal Drive Extension
Raleigh, North Carolina 27611-7687 Wilmington, North Carolina 26405
Ar. John Dorney Mr, aiq Turngr
Wat.ar quality 54ction dnagament: Group
Division of Environmental Man4gement VPO@t Officg Box 2522
North Citrolitld Departroant; of Wilmington, North Carolina 20402
EnvirOnmallt, Health and
Natural Raoourcdo
Pont Office Box 27687
Raleigh, North Carolina 27611-7687

I
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Land Resources
James G.Martin,Governor Charles H.Gardner
1Mlliam W.CoSey,Jr.,Secretary Director
October 24 , 1991
Mr. Steve Simmons
Simmons Construction Company
Route 1, Box 383A
Ash, N.C. 28420
Re: Mining Permit Application for Simmons Mine
Brunswick County
Dear Mr. Simmons :
The initial review has been completed on your application
for a mining permit for the Simmons Mine in Brunswick County.
The following additional information is needed to complete our
review:
1 ) The permitted acreage must include the buffer zones,
haul or access roads and all sediment and erosion
control measures. Please revise the mine map and/or
page 3 of the application form and resubmtt.
2) It appears based upon the North Carolina Wildlife
Resources Commission's attached copy of their comments
that this operation will impact wetlands . Contact Mr.
Ernie Jahrike with the U. S. Army Corps Of Engineers
(USACOE) at (919) 251-440 concerning the need for a
permit through his agency. A copy of all
correspondence with the USACOE must be forwarded to
this office. Furthermore, all wetlands must be r'
identified on the mine map.
3) Based upon comments from the Wilmington Regional Office
Land Quality Section staff , side slopes m_st be graded
to a 3 horizontal to 1 vertical or flatter slope.
P.O. Box 27687 Raleigh,N.C.27611-7687 • Telephone [phone]
An Equal Opportunity.Afflrmatwe Action Employer

October 24 , 1991
Page 2
In order to complete the processing of your application,
please for-ward two (2) copies of the requested information to my
attention at the following address:
Land Quality Section
P. 0. Box 27687
Raleigh, N . C. 27611 ,
Please advise at (919) 733-4574 if you should have any
questions on the above.
S ' cerely�
Beth Chesson �
Assistant Mining Special-ist
Land Quality Section
BUC\
Attachment
cc:/ Dan Sams
�F
i
Y

RECEIVED,
OCT 2 5 1991
North Carolina Department of Cultural Resources
LAND QUALITY SECT
James G. Martin, Governor Division of Archives anA story
Patric Dorsey, Secretary William S. Price,Jr., Director
October 23, 1991
MEMORANDUM
TO: Tracy E. Davis
Land Quality Section
Division of hand Resources, DEHNR �A
FROM: David Brook, Deputy State
Historic Preservation Office
SUBJECT: Application for Mining Permit
Simmons Mine, Brunswick County
ER 92--7249
Thank you for giving us the opportunity to review and comment on the
above project pursuant to Chapter 74, Article 7 of the North Carolina
General Statutes.
Because of the location and topographic situation of the proposed project
area, it is unlikely that any archaeological sites which may be eligible
for inclusion in the National Register of Historic Places will be affected
by the proposed borrowing. We, therefore, recommend that no archaeological
investigation be conducted in connection with this project.
Thank you for your cooperation and consideration. if you have questions
concerning the above comments, please contact Ms. Renee Gledhill-Earley,
Environmental Review Coordinator, at 919/733-4763.
DB:slw
109 Eastlones Street 0 Raleigh, North Carolina 2760I-2807

IV+
ran
® North Carolina Wildlife Resources Commission KN
512 N. Salisbury Street, Raleigh,North Carolina 27604-1188,919-733-3391
Charles R. Fullwood,Executive Director
MEMORANDUM
TO: Beth Studenberg
Assistant Mining Specialist
Land Quality Section
FROM: Richard B. Hamilton .,.
Assistant Director
DATE: October 3, 1991
SUBJECT: Review of Application for Simmons Construction Company
Borrow Pit, Brunswick County, North Carolina.
Staff biologists with the North Carolina Wildlife Resources
Commission have reviewed the application for a mining permit
submitted By Simmons Construction Company, Ash, North Carolina.
An onsite investigation was performed on September 16, 1991 for
the purpose of further assessing construction impacts on
wildlife, fisheries, and wetland resources. Our comments are
provided in accordance with certain provisions of the N. C.
Mining Act of 1971 (as amended, 1982) (G.S. 74-46 through 74-68,
15 NCAC 5) .
Simmons Construction Company is proposing to construct an
open pit mine on 7 acres of land located near Shallotte,
Brunswick County. The site consists of upland pine forest as
well as pocosin type bottomland wetland forest at the extreme
north end of project area.
In accordance with our review of the proposed application,
we provide the following comments:
1. Sedimentation and erosion are occurring in the general
area of the sediment basin and into pocosin habitat.
No erosion controls were evident at the time of our
onsite investigation.
2 . A large mound of excavated organic soil was found at
the north end of the project area. This suggests that
some pocosin wetlands have been impacted.

Memo Page 2 October 3, 1991
r
3 . Application should be made to the U.S. Army Corps of
Engineers, P. O. Box 1890, Wilmington, N.C. 28402, to
determine whether 404 wetlands are involved.
4. Mitigation efforts should address all potential wetland
losses.
5. This project is inconsistent with our Policies and
Guidelines for the Conservation of Wetlands and Aquatic
Habitats. Therefore, we cannot support the issuing of
a permit until these matters are addressed.
Thank you for the opportunity to review and provide comments
on this proposed project. If we can provide further assistance,
please call on us.
RBH/lp
cc: Thomas Padgett, District 4 Wildlife Biologist
Keith Ashley, District 4 Fisheries Biologist

9� 9 °sD� • r
6
State of North Carolina
Department of Environment, Health, and Natural Resources
DMsion of Land Resources
James G.Marlin,Governor September 3, 1991 Charles H.Gardner
WWlam W.Cobey,Jr.,Secretary Director
Memorandum
To: Fred Harris
Director, Division of Boating and Inland Fisheries
Wildlife Resources Commission
Attention: Habitat Conservation Program
From: Beth Studenberg
Assistant Minin Specialist
Land Quality Section
Re: Mining Permit Application for Simmons Construction Company
Simmons Mine
Brunswick County
Please find attached for your review a copy of the mining permit
application for the above referenced project. This proposal is for a 7 acre
sand mine.
Please review this information and advise as to the probability of this
operation having unduly adverse effect on wildlife and freshwater fisheries
(G. S. 74-51 (2) ) . Please respond by- September 27, 1991 so that we may
complete our review of this request within oar-statutory time limits. Also,
pleasesend a copy of your staff's review comments to the applicant at the
address noted in the application.
As is the case in our review of all mining permit. applications, renewals
and modifications, this office will carefully review all proposed erosion and
sediment control measures to ensure that they are sufficient to restrain
erosion and off-site sedimentation. However, any comments your agency can
provide regarding effects on wildlife and freshwater fisheries would be
greatly appreciated. If your staff wishes to perform a site
inspection, it is recommended that they contact Mr. Steve Simmons at
(919) 287-6744 to set up a convenient date and time.
Your continued cooperation in the review of these type requests is
greatly appreciated.
attachments WK5,1 S i
cc: Dan Sams RECEIVED
�
Steve Simmons Cr ...4a 0
M a Z tfZ� 00
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c�� 051991 ! ``;����. o
HABITA1 CON5ERWITIOIV SECTION
P.O.Box 27687 0 Ralelgh,N.C.27611-7687 o Telephone [phone] ����Z 9G
An Equal Opportunity A1Brmafte Action Employer

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4
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Land Resources
James G.Martin,Governor Charles H. Gardner
Wiliam W. Cobey,Jr.,Secretary September 3 , 1991 Director
�emor�ndum .
To: Fred Harris
Director, Division of Boating and Inland Fisheries
Wildlife Resources Commission
Attention: Habitat Conservation Program
From: Beth Studenberg
Assistant Minin Specialist
Land Quality Section
Re: Mining Permit Application for Simmons Construction Company
Simmons Mine
Brunswick County
Please find attached for your review a copy of the mining permit
application for the above referenced project. This proposal is for a 7 acre
sand mine.
Please review this information and advise as to the probability of this
operation having unduly adverse effect on wildlife and freshwater fisheries
(G. S. 74-51 (2) ) . Please respond by September 27 , 1991 so that we may
complete our review of this request within our .statutory time limits . Also,
pleasesend a copy of your staff's review comments to the applicant at the
address noted in the application.
As is the case in our review of all mining permit applications, renewals
and modifications, this office will carefully review all proposed erosion and
sediment control measures to ensure that they are sufficient to restrain
erosion and off-site sedimentation. However, any comments your agency can
provide regarding effects on wildlife and freshwater fisheries would be
greatly appreciated. If your staff wishes to perform a site
inspection, it is recommended that they contact Mr. Steve Simmons at
(919) 287-6744 to set up a convenient date and time.
Your continued cooperation in the review of these type requests is
greatly appreciated.
attachments
cc: Dan Sams
Steve Simmons
P.O.Box 27687 • Raleigh.N.C.27611-7687 • Telephone [phone]
An Equal opportunity Affirmative Action Employer

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APPLICATION FOR
NORTH CAROLINA : MINING
PERMIT
In 1971, the North Carolina General Assembly created
the North Carolina Mining act, General Statutes 74-50.
After July 1, 1972, no operator shall engage in mining
without having first obtained from the Department an
operating permit which covers the affected land and
which has not been terminated, been revoked, been
suspended for the period in question, or otherwise
become invalid.
AEG 2 G 1991i14�
LAND QUALITY "ECTiTii
QUALI S�CTLON =:Li�71i C�7';11 C 'ltii'LAl OF U
State of North Carolina
Department of Natural Resources
and Community Development
Division of Land Resources
Land Quality Section
P.O. Box 27687
Raleigh, North Carolina 27611
(919) 733-4574

APPLICATION FOR A MINING PERMIT
1. Name of Mine Sisrmons Mine County _. Brunswick
2. Name of company Sirmions Construction Carpany
3. Home Office Address Rt 1, Box 383A
Ash, NC 28420
4. Permanent address for receipt of official mail =same as above- -
919-287-6744 *Telephone
5. Mine Office Address Rt 1, Box 383A,, Ash, NC 28420
919-287-6744 Telephone
6. Mine Manager St-pv-e Simmrans -
We hereby 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.
f� r
..Signature
�G 'Z .
Title Steve Simmons, President
`p,N� QUAD Date
The Land Quality Section should
be notified of change in permanent
address or telephone number.
*Signature of company officer required.
2

APPLICATION FOR A MINING PERMIT
A. General Characteristics of Mine.
1. Total acreage at site.
Acres owned 7 Ac.res leased Property owner if leased _
2. Name of materials mined: Sand
3. Mining method: Hydraulic Dredge Underground
Shovel & Truck X Dragline & Truck Self-loading Scraper.
Other
4. a. Expected maximum depth of mine 10 Feet
b. Expected average depth of mine 8 Feet
5. Area of previous activity: (Identify these areas on your mine map.)
a. Area of previodsly affected land at present site that is inactive and has not been
reclaimed:. N/A� -
(Note: Mine map should clearly indicate any disturbed areas not to be included
in this permit application. Explain why these areas should not be included.)
b. Acres previously reclaimed at present site N1A
6. Present (premining) use of the land (estimate acreage for each):
Cropland Pasture .Forest _-Z._ FishlWildlife Recreation Other
7. Proposed land use after mining and reclamation has been completed:
Cropland Pasture Forest X FishlWildlife Recreation Other
B. DETERMINATION OF AFFECTED ACREAGE AND BOND
1. Number of years for which permit is requested 10 (10 years maximum).
2. Total affected acreage to be disturbed during initial year of operation:
a. Area used for tailing ponds acres
b. Area used for stockpiles .25 acres
c. Area used for waste piles •25 acres
d. Area used for processing plants and onsite haul roads •05 acres
e. Area of mine excavation, including areas being prepared for mining, actively
mined, and Inactive but not reclaimed. 6 acres
f. TOTAL a•e 7 acres
3. Estimate the maximum amount of land to be disturbed and unreclaimed at
any one time during the life of the permit. 7 acres
3

APPLICATION FOR A MINING PERMIT
4. Check acreage to be bonded': Total affected acreage figure from 82f OR B3
(page 3)whichever Is larger, equals acreage to be bonded. (See .15 NCAC 5B.0003 for
bond amounts.)
0 - 4.99 acres
X 5 - 9.99 acres
10 - 24.99 acres
25+ - acres
5. Will your company fife a blanket bond covering all of its mining operations in North
Carolina?
Yes No X
C. PROTECTION OF NATURAL RESOURCES
1. a. Will the operation involve washing the material mined, recycling process water,
or other waste water handling?
Yes No X
b. Will the operation involve dewatering the mine or discharging fresh or waste
water from the mi t?
r Yes No X
c. If you answered yes to either question is or 1b, provide evidence that you have
applied for or have obtained a water quality permit from the Division of En-
vironrimental Management
2. a. Will the operation involve crushing or any other air contaminant emission?
Yes No X
If yes, indicate evidence that you have applied for or have obtained an air quality
permit issued by the Division of Environmental Management, Department of Natural
Resources and Community Development.
b. How will fugitive dust from stockpiles, haul roads, etc. be controlled?
Stockpiles and Piaui roads will be sprayed with water as required �to
control dust.
'In lieu of the surety bond required by this section, the operator may file with the
Department a cash deposit, negotiable securities, a mortgage of real property accep-
table to the Department, or an assignment of a savings account in a North Carolina
bank on an assignment form prescribed by the Department. The amount of land disturb-
ed and unreclaimed at any one time must not exceed the bonded amount. The mining
permit is issued only for that area covered by the bond.
4

APPLICATION FOR A MINING PERMIT
3. Generally describe the sequence of land disturbing activities and reference the se-
quence to the mine map(s).
1. The area will be cleared of vegetation.
2. Sediment pond will be installed as soon as the area is cleared.
3. Area will be mined and sediment pond 'maintai.ned during life of
mine.
4. Area will be reclaimed when mining operations are completed.
r
5

APPLICATION FOR A MINING PERMIT
4. a. How wide a buffer will be maintained between any mining process and any ad-
joining property or highway right-of-way?
A minimum of 35 feet will be maintained as a buffer between all mining
processes and all adjoining property or right-of-ways.
b. Describe other methods to be taken during mining to prevent physical hazard
to any neighboring dwelling house, public road, public, commercial or in-
dustrial building from any mine excavation. Locate all such structures on the'
mine map if they are within 300 feet of the excavation:
ihe mining operation will not use explosives or equipment to create
vibrations that can damage adjacent property. The mining operation
will be set back frcgn public streets by a ,wide buffer in excess of
150 feet. No structures are known to exist within 300 feet of the
proposed excavation.
c. Describe what kind of barricade will be used to prevent inadvertent public entry
along any high wall area.
The excavation area will be surrounded by a wooded buffer area. All
access/haul roads will be gated to limit access.
G

APPLICATION FOR A MINING PERMIT
5. Describe erosion and sediment control measures to be taken before and during
mining to prevent offsite sedimentation (include specific plans for erosion control
for mine excavation, waste piles, and process areas), and give a sequence of in-
stallation. Location(s) of erosion and sediment control measures must also be in-
dicated on mine map. Engineering designs and calculations shall be required when
needed to justify the adequacy of proposed measures.
The area to be mined will be cleared and a sediment basin constructed
such that all runoff from the site will pass through the sediment basin
before leaving the site.
i
6. Describe methods to prevent landslide or slope instability adjacent to adjoining
properties during mining.
All top of slopes will be at least 35 feet from any property lines.
Side slopes will not exceed 2 to 1 on reclaimed areas.
7. Are acid producing minerals or soils present? If so, describe how acid water pollu-
tion will be prevented.
No.
7

APPLICATION FOR A MINING PERMIT
8. Describe plans for screening operations from public view such as maintaining or
planting trees, bushes or other vegetation, building berms or other measures. The
location of visual screening should be shown on the mine map.
No plans have been made to artificially screen the mine from public view.
The 35 foot minimum buffer will provide natural buffering.
9. If explosives will be used, describe what precaution will be used to prevent
physical hazard to persons or neighboring property by flying rocks or excessive air
blasts or ground vibrations. Locate the nearest offslte structures on the mine map.
No explosives will be used.
8

APPLICATION FOR A MINING PERMIT
10. What is the depth to the ground water table? If the mine excavation extends below
the water table, how will mine dewatering impact neighboring wells? Locate any
wells on the mine map.that exist within 500 feet of the permit area if the mine ex-
cavation will extend below the ground water table.
The ground water table varies from 8 to 10 feet below the ground surface in
the area to be mined. since the excavation is not to exceed 10 feet in
depth and no pumping is .anticipated, there should be no impact on wells.
F
11. What precautions will be taken during mining operations to prevent significant
adverse effects on wildlife, or freshwater, estuarine or marine fisheries?
All stormwater leaving the site will pass through a sediment basin.
9

APPLICATION FOR A MINING PERMIT
RECLAMATION PLAN
1. a. Describe your intended plan for the reclamation and subsequent use of all affected
lands and indicate the general methods to be used in reclaiming this land:
The excavation area will be graded to drain and side slopes cut to a 2 to 1
maximum slope. All areas will be grassed to prevent erosion. The area will
be allowed to naturally reforest and is intended to be used as forest land.
b. If an excavated or impounded body of water is to be left as a part of the reclama-
tion, estimate the average depth of water. Will the water body be stocked with fish?
If so, specify species.
N/a
10

APPLICATION FOR A MINING PERMIT
RECLAMATION PLAN
2. In excavation of unconsolidated (non-rock) materials, indicate the angle of final slopes.
Final slopes shall not exceed a 2 to 1 slope.
3. Describe provisions for safety to persons and to adjoining property in all completed ex-
cavations in rock including what kind of permanent barricade will be left.
N/A
4. Indicate method of reclamation of overburden, refuse, spoil banks or other such mine
waste areas, including specifications for benching and sloping.
Topsoil re-roved and waste is anticipated to be minimal. Any stockpiled
topsoil will be spread over the excavation when complete before reclamation.
5. State what precautions will be taken in reclamation to insure that the reclaimed site is
not detrimental to animal or fish fife.
The site will be returned to a natural condition which will be suitable for
wildlife habitat.
�1

APPLICATION FOR A MINING PERMIT
RECLAMATION PLAN
6. Describe reclamation of processing facilities, stockpile areas, and onsite roadways.
Haul roads will be obliterated and revegetated.
7. State the method of reclamation of settling ponds and/or sediment control basins.
Sedin-ent ,pondsiwill be filled in and revegetated during reclamation.
S. State the method of control of contaminants and disposal of scrap metal, junk
machinery, cables, or other such waste products of mining. (Note definition of refuse in
The. Mining Act of 1971)
Due to the small nature of this operation no contaminants or waste products
are anticipated. Tf.spillage of'contaminants occurs they will be controlled
in accordance with state and federal regulations. No junk or waste will be
left on the site. Any generated will disposed of in accordance with local,
state and federal regulations.
12

APPLICATION FOR A MINING PERMIT
RECLAMATION PLAN
9. Indicate the method of restoration or establishment of any drainage channels to a con-
dition minimizing erosion, siltation and other.pollution. Give design details of any per-
manent channels to be constructed.
No drainage canals are planned.
10. Describe provisions for prevention of noxious, odious or foul water collecting or remain-
ing in mined areas.
Areas will be graded to drain. on site material (sand) should not react
with rainwater to create pond water.
13

APPLICATION FOR A MINING PERMIT
RECLAMATION PLAN
11. Describe your plan for revegetation or other surface treatment of the affected areas.
This plan must include recommendations for time of seeding and the amount and type
of seed, fertilizer, lime and mulch per acre and general seeding instructions for perma-
nent revegetation and temporary revegetation if necessary. Revegetation utilizing pine
seedlings only is not acceptable. NOTE: Revegetation Plan must be approved and sign-
ed by one of the following:
(a) Authorized representatives of the local Soil and Water Conservation District having
jurisdiction over lands In question;
(b) Authorized representatives of the Division of Forest Resources, Department of
Natural Resources and Community Development;
(c) County Agricultural Extension chairmen or Research and Extension personnel head-
quartered at North Carolina State University in the School of Agriculture and Life
Sciences;
(d) North Carolina licensed landscape architects;
(e) Private consulting foresters referred by the Division of Forest Resources, Depart-
ment of Natural Resources and Community Development;
(f) Others as may be approved by the Department.
LIME - RATE OF APPLICATION: 1.5 tons per acre
FERTILIZER - TYPE AND RATE OF APPLICATION: 500 -pounds per acre of 10-10-10
SEED - TYPES(S) AND RATE OF APPLICATION: Pensacola Bahiagrass 50 lb/ac
SEEDING SCHEDULE: Sericea Lespedeza- 30 lb/ac
April 1 -- July 15 Ccn non Bermidagrass 10 lb/ac
German Millet 10 lb/ac
MULCH - TYPE AND RATE OF APPLICATION:
Apply 2 tons per acre of grain straw. Anchor by tacking with asphalt,
roving, netting or crimping.
OTHER VEGETATIVE COVERS:
After vegetative cover is established, area will be allowed to return
to natural condition by natural reforestation.
Revegetation and/or reforestation plan approved by:
Signatu
Title P essional Engineer
Agency Andrew & Kuske Consulting Engineers, inc
14 Date . _u

APPLICATION FOR A MINING PERMIT
RECLAMATION PLAN
12. Provide a schedule of reclamation that Indicates the sequence. of reclamation and ap-
proximate time frame. These should be labeled on the mine map.
(Add sheets if necessary)
The owner intends to mine the entire site in one operation. Reclamation
will begin upon• ccmpletion of mining operations. This could take place in
a one year time frame.
13. NOTIFICATION OF ADJOINING LANDOWNERS
The "NOTICE" form or a facsimile thereof attached to this application should be sent
certified or registered mail to the adjoining landowners indicated on the mine map
unless another means of notice is approved in advance.
The completed "Affidavit of Notification" attached to this application must be submit-
ted before the application is considered complete.
15

NOTICE
Pursuant to provisions G.S. 74.50 of The Mining Act of 1971, notice is hereby given
that Simmons Construction C== has applied
(Company Name)
on Au st 22, 1991 to the Land Quality Section, Division of Land Resources, North,
(Date)
Carolina Department of Natural Resources and Community Development, P.O. Box 27687, Raleigh,
North Carolina 27611 for a surface ,mining permit to commence mining of
sand on .7 acres, located 2 nnrthwe,;f _ of -qha11n+-+-P _
(Mineral, Ore) (Number) (Miles) (Direction) (Nearest Town)
near road SR 1360 in Brunswick County
(Road) (Name of County)
In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to
notify all owners of record of land adjoining th6 proposed site, and to notify the chief administrative
officer of the county or municipality in which the site is located.-The property owner may file
written comment(s) within ten (10) days following receipt of this notice to the Department at the
above address. Should the Department determine that a significant public interest exists, a public
hearing will be held in accordance with the Department of Natural Resources and Community
Development, Mining, Mineral Resources Regulation Subchapter 5B, .0011.
August 22, 1991
(Date Malled to Addressee)
c.
(Address of Applicant)
P.O. Box 2889 Shallotte, NC 28459
/Co

APPLICATION FOR A MJWNG PERMIT
: AFFIDAVIT OF NOTIFICATION
(,John Phillip Norris , an applicant, or an agent, or employee
of an applicant, for a Mining Permit from the N.C. Department of Natural Resources and•Com.
munity Development, being first duly sworn, do hereby attest that the following are known owners,
both private and public, of the land adjoining the proposed mining site and that notice of the
pending application has been caused to be mailed, by certified or registered mail, to said owners
at their address shown below, such notice being given on a form provided by the Department:
(Name) (Address)
Dorcus Bryant P.O. Box 954 S
Lucille Grissett General Delivery Shallotte, NC 28459
Linne ward Rt. 1, Box 332 Ash, NC 28459
see attached list also
(Attach additional list if necessary)
I do also attest that the following is the chief administrative officer of the county or municipali-
ty in which the proposed mining site is located and that notice of the pending application has
been caused to be mailed, by certified or registered mail, to said office at the following address:
(Name) (Address)
David Clegg, County Manager P.O. Box 249 Bolivia NC 28422
1
The above attestation was made by me while under oath to provide proof satisfactory to the
Department that a reasonable effort has been made to notify the owners of record of the adjoin-
ing land and the chief administrative officer of the county or municipality in compliance with
N.C.G.S. 74-50 and 15 N.C.A.C. 5B .0004(d). I understand that It is the responsibility of the appli-
cant to retain the receipts of mailing showing that the above notices were caused to be mailed
and to provide them to the Department upon request.
�-22-qf ems,
Date Sign ture
If person executing Affidavit is an agent or employee of an applicant, provide the following
information:(Name of applicant) ;title of person executing
Affidavit 'rofessional Engineer
1, P,D. xobierowski a Notary Public of the County of New Hanover ,
State of North Carolina, do hereby certify that _,--
p i j 7 ip Norris,.-P.F-
personally appeared before me this day and under oath acknowledged that the above Affidavit
was made by him.
Witness my hand and notarial seal, this nd f Au2st
M
Notary N
r �
I.
My Commission expires: 2-15-92 �'sjOUBL��,�'
17
,�

Continued list of known owners of the land adjoining proposed mining site.
Ozie Frank
Rt. 3, Box 1028
Shallotte, NC 28459
Daniel Russ
P.O. Box 176
Shallotte, NC 28459
John Mintz
P.O. Box 383
Shallotte, NC 28459

APPLICATION FOR A MINING PERMIT
14. MAPS
1. Two copies of the county highway maps and two copies of mine maps should be
submitted with each permit application.
County highway maps may be obtained from:
Location Department
State Highway Commission
Raleigh, North Carolina 27662
Mark clearly the location of your mining operation on the county highway maps..
2. Mine maps should be accurate drawings, aerial photographs or enlarged topographic
maps of the mine area and of a scale sufficient to clearly show the following:
a. Property lines or affected area of mining
b. Outline of pits
c. Outline of stockpile areas
d. Outline of overburden disposal areas
e.. Location of processing plants (processing plants may be described as to location
and distance from mine if sufficiently far removed)
f. Location and name of streams and lakes
g. Outline of settling ponds
h. Location of access roads
i. Map legend:
i. Name of Company
2. Name of Mine
3. North arrow
4. County
5. Scale
6. Date prepared
7. Name and title of person preparing map
j. Names of owners of record, both public and private, of all adjoining land
THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ITEMS 2 aq
BEING ADEQUATELY ADDRESSED.
The mine maps should be correlated with the reclamation plan. The approximate
areas to be mined during the life of the permit should be clearly marked.
If reclamation is to be accomplished concurrently with mining, then show segments
that are to be mined and reclaimed during each year of the permit.
Add drawings showing:typical sections or cross sections and layout of proposed
reclamation where such drawings will assist in describing your reclamation.
18

APPLICATION FOR A MINING PERMIT
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 administra-
tion of this Act, so long as the Department or its appointed representatives are accompanied
by an agent or representative of our Company.
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 Section 14.
i
'Signed
Title President
Mine Simmons Mane
Company Sirnnons Construction Company
`Signature should be the same as the officer who signed the application for a permit.
Return two copies of the completed application and all maps to the appropriate Lane! Quality
Section Regional Office serving your area (see attached list of Regional Offices.)
19

SIMMONS CONSTRUCTION 15 8 4
STEVE OR BARBARA SIMMONS -
RT. 1, BOX 383-A, PH. 287-6744 66-197
� ASH,.NC '28420 � — y� — 19 �531, ._ .
PAY ! i
TO THE G W
ORDER OF
DOLLARS:
sow NATRMU BW _
OF NOM CAROLINA
Shollolle,North Caralino 28459
A?A $
FOR - - — — '•.� .

Date Design Sheet
Andrew and Kuske
202 N. Fifth Ave, CONSULTING ENGINEERS, INC. Wilmington, N.C. 28401, /j f
j Of
Check Job C'4�' /? y e- For sneer
No,
17 I
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66)0 X`7
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• Appendices
30 -
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3 5 10 20, 50 100 200 500 1000
Discharge (0/Sec)
Curves may not be extrapolated.
Figure 8,06a Design of outlet protection protection from a round pipe flowing full,minimum tailwaler condition{'T,c 0.5 diameter}.
8.06.3

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02

North Carolina Department of Environment and Natural Res
Division of Land Resources, Land Quality Section FD
MINE INSPECTION REPORT
(PERMITTED MINE) aSECTI
1. MINE NAME �/ttt�.tav+ �� 2. MINING PERMIT /Gi •3. OPERATOR .�m,,�d Cc3f S'7've + ,AvCOUNTY �.� �5. ADDRESS f/d ►-� �x r. -..r ek .2 F A
6. PERMIT EXPIRATION DATE_a -P_ •`c! 7. RIVER BASIN �.►4, �,a,.• _
8. Person(s) contacted at site —
9. Was mine operating at time of inspection? EI'Yes V No 10. Pictures? ❑ Yes EYNo
11. Date last inspected: Y2 �� 111�' 12. Any mining since last inspection? J Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? �$] Yes ❑ No
If no, explain:
14. Is the mine in compliance with the Reclamation Conditions of the Permit? 7 Yes ❑ No
If no, explain:
t
15. Did any of the above deficiencies result in offsite damage? ❑ Yes ❑ No If yes, describe the
type and severity of the damage:
f
16. Corrective measures needed and/or taken:
17. Other recommendations a nd comments: re- „L c 'fc _ f�l,��.,����./., 7'sn-,,-It-,z�
18. Is the Annual Reclamation Report +l-map accurate? 9 Yes ❑ No (Explain) ❑ Not Reviewed
19. Follow-up inspection needed? Yes ❑ No Proposed date 1, le 11 Cl
20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator 47 lggt.lc*-c
(date)
INSPECTED BY: _- � . � :�.[ _ DATE ,l71 1cr,
Telephone No: (7/r, ) ,,Fr g - '---
White copy to file Yellow copy to operator fink copy to Mining Specialist 10197