10-45_2_Redacted

- I
North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINlTE NAME F& R Development 2. MINING PERMIT# 10-45
3. OPERATOR F& R Development Inc. 4. COUNTY Brunswick
S. ADDRESS Attn John F. Parker Jr Re istered Agent, 2019 Elk Road SW. Supply,NC 28462
6. PERMIT EXPIRATION DATE 06/05/2008 7. RIVER BASIN Lumber
8. Person(s) contacted at site None
9. Was mine operating at time of inspection? ❑ Yes E No 10. Pictures? ❑ Yes E No
1I. Date last inspected: 2/26/2014 12. Any mining since Mast inspection? ❑ Yes E No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes E No
If no,explain: Permit expired 06/05/2008.
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes E No
If no, explain. No reclamation actions have occurred to date.
15. Did any of the above deficiencies result in offsite damage? E Yes ❑No If yes, describe the
type and severity of the damage: Some offsite sediment has been observed outside the mine limits.
16. Corrective measures needed and/or taken: Follow reclamation conditions outlined in permit issued
June 5, I998.
17. Other recommendations and comments: NOV signed 03/28/2012. Deadline of 04/27/2012 to
complete reclamation. No actions to date. Vehicles and machine ,removed from site.
No recent activity. Site appears to be abandoned.
18. Is the Annual Reclamation Report+/- map accurate? ❑ Yes ❑ No (Explain) E Not Reviewed
19. Follow-up inspection needed? E Yes ❑ No Proposed date when needed.
20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator
INSPECTED BY: Jean Conwa 7-- - ` DATE 11/04/2015
Telephone No: 910-796-7315%,
Copy to rile Copy to operator Copy to Mining Specialist

f
Boyer, Janet
From: Boyer, Janet
Sent: Tuesday, June 11, 2013 9:30 AM
To: Rodgers, Ashley
Cc: Lambe, Brian; Sams, Dan
Subject: RE: F & R 10-45
Attachments: REVISED McCrory Blank LQS Letterhead 01052013.docx
i have a copy of the NOV for Expired Permit over 2 years on my desk. It should be re-sent as a NOV for mining w/o
permit since RE's do not have delegation to sign mining NOVs except for mining w/o permit.
Also, it is the wrong letterhead. I have attached a copy of the current letterhead. The Raleigh address in the footer can
be replaced with the WIRO info.
Janet
Janet S. Boyer, P.E. [e-mail]
State Mining Specialist
North Carolina Dept. of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources- Land Quality Section
512 N. Salisbury Street
Raleigh, North Carolina 27604
Tel: [phone]
Fax: [phone]
Notice: Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
From: Rodgers, Ashley
Sent: Monday, June 10, 2013 4:17 PM
To: Boyer, Janet
Subject: FW: F &R 10-45
FYI. Sounds like the field office sent out an NOV but I didn't see a Mining w/o a Permit NOV in your file drawer.....
Ashley Rodgers, PE
Assistant State Mining Specialist
NCbENR Land Quality Section
1612 Mail Service Center
Raleigh, NC 27699
[phone]
[phone] -fax
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Lambe, Brian
Sent: Monday, June 10, 2013 3:54 PM
1

To: Rodgers, Ashley
Cc: Wehner, Judy
Subject: F& R 10-45
The NOV was returned. Could you try to send it to >>>
PARKER JR,JOHN F
Office Address: 2049
ELK
ROAD
SW
SUPPLY;
NC
28462
Brian Lambe
Environmental Specialist
Land Quality Section
NC Division of Energy, Mineral, and Land Resources
[phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
2

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracey Davis, PE,CPM pat McCrory,Governor
Director John E. Skvarla,III,Secretary
Notice of Violation for Expired Permit— Over 2 Years
May 14, 2013
CERTIFIED MAIL 7009 1410 0000 9441 4462
RETURN RECEIPT REQUESTED
NOTICE OF VIOLATION OF THE MINING ACT OF 1971
F & R Development, Inc.
Attn John F. Parker, Jr., Registered Agent
131 Mt. Pisgah Road SW 'RECEIVED
Supply, NC 28462
RE: Expired Mining Permit No. 10-45 MAY 21 2�13
F and R Development Mine
Brunswick County LAND QUALITY SECTION
Lumber River Basin
Dear Mr. Parker:
This is to advise that you and your firm are in violation of Reclamation Condition No. 4
of Mining Permit No. 10-45 for failure to complete final reclamation at the F and R
Development Mine in Brunswick County within 2 years of completion of mining. Under North
Carolina General Statute (G.S.) 74-49 (17), mining terminated at this site by operation of law
on June 5, 2008 when Permit No. 10-45 expired. In accordance with the permit, final
reclamation should have thus been completed by June 5, 2010. An inspection by personnel of
the Department on May 14, 2012 revealed little or no reclamation efforts and that the site has
been mined since the permit expiration. 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, you are also in violation of G.S. 74-50 for operating a mine. without a
permit. As noted above, Mining Permit No.10-45 expired on June 5, 2008 and has not been
renewed. 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.

S F
Notice of Violation
F & R Development
Page 2
Because you are in violation of the Mining Act of 1971, you are directed to immediately
halt all mining operations 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, 1612 Mail Service Center, Raleigh, NC 27699-1612, (919) 707-9220 to
indicate your intention to comply with the Act. Only the issuance of a mining permit, and not
the mere submittal of an application, will enable you to lawfully resume mining operations. 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.
To correct the current violations and bring the site into compliance, you must take the
following corrective actions within the time specified:
i
(A) If you desire to continue mining operations at the site, you must:
(1) Complete and file an original and 6 (six) copies of an 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. The application for a mining permit, The Mining Act of 1971, the
Administrative Rules, and other forms may be downloaded by visiting:
http:/portal.ncdenr.org/web/ir/mininq, the web page for the Division of
Land Resources' Mining Program.. No mining operations may be
conducted until a mining permit is issued for this site.
This corrective action must be completed WITHIN 90 DAYS OF RECEIPT
OF THIS NOTICE OF VIOLATION.
(2) Remove all off-site refuse that has been dumped in the mine site and
dispose of this refuse at a permitted landfill site. Remove all equipment
and pipes that have been stored at the site, .
This corrective action must be completed WITHIN 90 DAYS OF RECEIPT
OF THIS NOTICE OF VIOLATION.
(3) Commence' adequate reclamation activities on the inactive (oldest)
sections of the affected areas at the site and continue said activities until
all affected areas where mining has terminated have been sufficiently
reclaimed. All slopes must be at a 3 horizontal to 1 vertical slope. All
disturbed areas must be permanently stabilized according to approved
seeding specifications.
This corrective action must commence WITHIN 90 DAYS OF RECEIPT

OF THIS NOTICE OF VIOLATION.
Notice of Violation
F & R Development
Page 3
(B) If you desire to permanently close the mine, you must:
(1) Complete the reclamation of all affected areas at the mine site according
to the Reclamation-Conditions of expired Mining Permit No. 10-45.
This corrective action must be completed WITHIN 90 DAYS OF RECEIPT
OF THIS NOTICE OF VIOLATION.
(2) Remove all off-site refuse that has been dumped in the mine site and
dispose of this refuse at a permitted landfill site. Remove all equipment
and pipes that have been stored on site.
This corrective action must be completed WITHIN 90 DAYS OF RECEIPT
OF THIS NOTICE OF VIOLATION.
A penalty may be assessed for violations committed prior to your receipt of this Notice.
A penalty may also be assessed for violations committed after receipt of this Notice. The
amount of the penalty shall be up to $5,000.00 a day for mining without a permit and $500.00 a
day for failure to reclaim the site in a timely manner and as per the reclamation conditions of
the permit. Should you fail to comply with the terms of this Notice within the prescribed time
frames, additional enforcement action may be taken. Such action may result in the issuance of
an injunction, initiation of bond forfeiture proceedings 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 are subject to its requirements. The responsibility
also rests with you for notifying this office of your plans to correct the violations.
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.

i
Notice of Violation
F & R Development
Page 4
Please do not hesitate to contact Dan Sams, PE, Regional Engineer, at [phone]
or Janet Boyer, State Mining:Specialist, at [phone] regarding any questions you might
have on this matter.
Sincerely,
Dan Sams, PE
Regional Engineer
Enclosures: Mining Inspection Report dated 05/13/2013
cc: DWQ WiRO

i
North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMTTED MINE)
1. XHNE NAME F&R Development 2. MINING PERMIT# 10-45
3. OPERATOR F & R Development Inc. 4. COUNTY Brunswick
5. ADDRESS Attn John F. Parker Jr Registered Agent, 2019 Elk Road SW Supply,NC 28462
6. PERMIT EXPIRATION DATE 06/05/2008 7. RIVER'BASIN Lumber
8. Per contacted at site None
9. Was mine operating at time of inspection? ® Yes [] No 10. Pictures? ❑ Yes ®No
11. Date last inspected: 10/11/2012 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: Permit exp_ired_06/05/2008.
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ®No
If no, explain: 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 re-vegetate 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.
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter.
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. Onsite disposal of waste shall
be in accordance with operating condition numbers 10.A.through D.
E. The affected land shall be graded to prevent noxious or foul water.
3. Re-vegetation Plan: After site preparation, all disturbed areas shall be re-vegetated as per the re-vegetation
plan approved June 5, 1998.
4. Reclamation Plan: Reclamation shall'be conducted simultaheously 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 re-vegetation shall be completed within two years of
completion or termination of mining.
15. Did any of the above deficiencies result in offsite damage? ® Yes ❑No If yes,describe the
type and severity of the damage: Site has been miningsince ince permit expired in areas not previously
permitted. The operator has been operating dewatering_pumps off the proposed mine limits, without passing
through treatment measures. ,No reclamation actions have occurred to date. Some offsite sediment has been
observed outside the proposed limits.
16. Corrective measures needed and/or taken: Follow reclamation conditions outlined in permit issued
June 5, 1998.
012yr OCYO Vss-a4 w/Rtpk*- _
17. Other recommendations and comments: NOV signed 03/28/2012. Deadline of 04/27/2012 to
complete reclamation. No actions to date. Contact this office immediately.
Vehicles and machinegy removed from site.

18. Is the Annual Reclamation Report+/-map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed
Not received
19. Follow-up inspection needed? Yes ❑ No Proposed date Contact this office.
20. No. of additional pages of Inspection Reportl, 21. Copy of Report sent to operator 5/13/2013
INSPECTED BY: Brian Lambe' DATE 5/13/2013
Telephone No: 910-796-7314
Copy to file Copy to operator Copy to Mining Specialist

CoMP �� &, X6 -
F I F. UsL,,c M.
VX3 C, CAL 4aIA
9/IJ

MINING PERMIT PUBLIC HEARING SUMMARY
F & R Development, Inc.
F & R DEVELOPMENT MINE MODIFICATION
Brunswick County
May 15, 2008
PURPOSE OF HEARING
To receive public comment related to a mining permit modification application by F & R
Development, Inc. for an existing sand mining operation located off SR 1119 (Stanley Road
SW) in Brunswick County.
DATE TIME PLACE
Thursday, May 15, 2008
7:00 PM
Brunswick Government Center— Commissioners Chambers, Bolivia, NC 28422
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES STAFF
Mr. Floyd R. Williams, State Mining Specialist, Land Quality Section, Division of Land
Resources, Raleigh.
Ms. Chastity Clark, Assistant State Mining Specialist, Land Quality Section, Division of
Land Resources, Raleigh.
Mr. Dan Sams, Regional Supervisor, Land Quality Section, Division of Land Resources,
Wilmington Regional Office.
Mr. Nick Mills, Environmental Specialist, Land Quality Section, Division of Land
Resources, Wilmington.Regional Office.
Dr. Kenneth Taylor, Section Chief, Geological Survey, Division of Land Resources,
Raleigh.
OPENING
Dr. Taylor called the hearing to order at 7:05 PM, welcomed everyone in attendance,
introduced the staff, explained the purpose of the hearing, outlined the hearing agenda and
stated the guidelines to follow for submitting comments at the hearing. Dr. Taylor stated that
the proceedings would remain open for a period of ten days following the hearing for additional
comments.
Dr. Taylor then explained the action for which the mining permit application is required:
"The purpose of this hearing is to receive public comment related to a modification application
by F & R Development, Inc. to expand the mine permit boundary and excavation area of the
t

existing sand mining permit No 10-35 (F and R Development Mine) located off SR 1119
(Stanley Road SW) in Brunswick County."
Ms. Clark presented an overview on the mining permit procedures pursuant to the Mining Act
of 1971 and explained how it relates to the subject permit application.
Dr. Taylor's and Ms. Clark's actual comments are attached as Public Hearing Format and
Land Quality Section Public Hearing Presentation.
23 people signed in for the meeting
7 checked - Wish to speak
ORAL COMMENTS
Speakers
Joyce Reaves -- Ms. Reaves was concerned about the disruption to wildlife, impacts on the air
and water quality. She submitted two lists of permitted mines and two GIS maps as submittals
showing the residents who could be affected by the proposed mine modification. These
documents were scanned at the N.C. Geological Survey Office in Raleigh and returned to Ms.
Reaves as she requested. PDF versions of the four documents are attached on a CD.
Plotted copies are also attached for reference. ATTACHMENT 1(a-d).
James Fields -- Mr. Fields wanted to know if blasting was permitted at the proposed mine. Mr.
Floyd Williams, State Mining Specialist said that there was no blasting in the modification. Mr.
Fields also submitted his comments in writing. ATTACHMENT 2.
Lorene H. Williams — Mr. Williams cited denial criteria #2 adverse affect on county water table,
criteria #3 adverse affect on water quality, criteria #5 adverse affect on Cedar Grove
Association Recreation Building less than 2 miles away and affects on human health from
dust.
Reeda Hargrove — Ms. Hargrove expressed concern with mining during a drought. Residents
in Cedar Grove have already had private wells depleted or reduced in pressure.
Bobbie Fullwood — Ms. Fullwood was concerned with the modification in a residential
neighborhood and the affect on water and air quality.
Shelby Bryant — Ms. Bryant did not want her well to go dry for the second time. Also she is
concerned with the smell of diesel fuel and the affect on air quality.
Myron Hewett — Mr. Hewett was concerned with the lack of inspections by regional staff and
the mining going below the permitted depth such as the Turkey Trot Mine.
WRITTEN COMMENTS
2

As a part of the official record of this public hearing, the following written comments are
attached:
1. Letter from Irma E. Bryant and James Ellis Bryant dated May 16, 2008.
2. Letter from Ester Bush mailed May 27, 2008.
CLOSING COMMENTS
Dr. Taylor thanked everyone for attending and for their comments and presentations. He
stated that the Department would review the items presented at the hearing as they relate to
G.S. 74-51 of the Mining Act of 1971. He reiterated that the proceedings will remain open for a
period of ten days following the hearing which was Tuesday, May 27, 2008 for filing of any
addition comments or statements.
The hearing adjourned at 7:45 PM.
Respectfully.submitted by:
Dr. Kenneth B. Taylor
Hearing Officer
Attachments: Public Hearing Notice
Public Hearing Format
LQS Presentation
Written Comments
Sign In Sheet
Cassette Tape of Hearing

Public Notice
Page 1
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina Department of
Environment and Natural Resources concerning a modification application by F and R
Development, Inc. to expand the mine permit boundary and excavation area of existing sand
mining permit No. 10-45 (F and R Development Mine) located off SR 1119 (Stanley Road
SW) in Brunswick County.
AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 513, Section .0011
_PLACE, TIME, DATE: Brunswick Government Center- Commissioners Chambers
Central Service Building - Building I
45 Courthouse Drive NE
Bolivia, NC 28422
7:00 PM
May 15, 2008
PURPOSE:
To receive comment related to a modification request by F and R Development, Inc. to expand
existing sand mining permit no. 10-45 (F and R Development Mine) located off SR 1119
(Stanley Road SW) in Brunswick County.
Comments shall be limited to those that relate directly to the seven (7) denial criteria listed
under G.S. 74-51 of The Mining Act of 1971 that the Department considers in making its
decision to grant or deny a new mining permit application or a modification to an existing
mining permit. These criteria are as follows:
The Department may deny such permit upon finding:
1. That any requirement of this Article or any rule promulgated hereunder will be
violated by the proposed operation;
2. That the operation will have unduly adverse effects on potable ground water
supplies, wildlife, or fresh water, estuarine, or marine fisheries;
3. That the operation will violate standards of air quality, surface water quality, or
ground water quality, which have been promulgated by the Department;
4. That the operation will constitute a direct and substantial physical hazard to
public health and safety or to a neighboring dwelling house, school, church,

Public Notice
Page 2
hospital, commercial or industrial building, public road or other public property,
excluding matters relating to use of a public road;
5. That the operation will have a significantly adverse,effect on the purposes of a
publicly-owned park, forest or recreation area;
6. That previous experience with similar operations indicates a substantial
possibility that the operation will result in substantial deposits of sediment in
stream beds or lakes, landslides, or acid water pollution; or
7. That the applicant or any parent, subsidiary, or other affiliate of the applicant or
parent has not been in substantial compliance with this Article, rules adopted
under this Article, or other laws or rules of this State for the protection of the
environment or has not corrected all violations that the applicant or any parent,
subsidiary, or other affiliate of the applicant or parent may have committed under
this Article or rules adopted under this Article and that result in:
a. Revocation of the permit,
b. Forfeiture of part or all of the bond or other security,
c. Conviction of a misdemeanor under G.S. 74-64,
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64.
In the absence of any findings set out above, or if adverse effects are mitigated by the
applicant as determined necessary by the Department, a permit shall be granted.
COMMENT PROCEDURE:
All persons interested in this matter are invited to attend. The hearing will be conducted in the
following manner:
1. Explanation of the action for which the permit is required by the hearing officer.
2, Explanation of the permit procedures as set forth in The Mining-Act of 1971 by
the Division of Land Resources, Land Quality Section.
3. Public Comment - Comments, statements, data, and other information may be
submitted in writing prior to or during the hearing or may be presented orally at
the hearing. Persons desiring to speak will indicate their intent at the time of
registration at the hearing. So that all persons desiring to speak may do so,
lengthy statements may be limited at the discretion of the hearing officer. Oral
presentations must not exceed the time limit established by the hearing officer.

Public Notice
Page 3
Any oral presentation that exceeds three (3) minutes must be accompanied by
three (3) written copies, which will be filed with the hearing officer at the
beginning of the oral presentation.
4. Cross examination of persons presenting testimony will not be allowed; however,
the hearing officer may ask questions for clarification.
5. (Optional) The applicant may make a short presentation at the end of the hearing
and may be available for individual/group discussion after the hearing is
adjourned.
6. The proceedings will remain open for a period of ten (10) days following the
hearing for additional written arguments or statements.
INFORMATION:
A copy of the mining permit application and corresponding maps are on file at the Wilmington
Regional (910.796.7215) and Central Office (919.733.4574), Land Quality Section, for the
public's information and review prior to the date of the public hearing. Additional information
concerning this hearing may be obtained by writing or calling:
Floyd R. Williams, PG, CPG
State Mining Specialist or
Chastity Clark, Assistant State Mining Specialist
Land Quality Section -- Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Telephone: [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 William G.Ross Jr.,Secretary
April 28, 2008
Ms. Debby Gore
Clerk to the Brunswick County Board of Commissioners
P.O. Box 249
Boliva, North Carolina 28422
RE: Public Hearing
Modification Request by F and R Development to Expand Mining Permit No. 10-45
(F and R Development Mine)
Dear Ms. Gore:
This letter is to acknowledge your approval of the Department's request for use of the
facilities at the Brunswick Government Center, Commissioners Chambers, Building I, Central
Service Building to conduct a public hearing on May 15, 2008. Enclosed is a,copy of the
public notice that is to be published. Please note the hearing is scheduled to begin at 7:00
p.m. We will be arriving between 3.30 and 4.-00 p.m. and would like to have someone on-hand
to provide us access to the facility at that time. I know you mentioned that a mediation was
scheduled to take place in the Commissioners Chambers earlier in the day. If the mediation is
not over when we arrive, we will set up as soon as possible after it is over.
Your cooperation in providing the facility for our use is greatly appreciated. Should you
have any questions, please contact me, or Ms. Chastity Clark at [phone].
Sinc3,rply,
0 0 17A
Floyd R. Williams, PG
State Mining Specialist
Land Quality Section
Enclosure
cc: Mr. Dan Sams, PE
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

PUBLIC HEARING FORMAT
F & R Development, Inc.
F & R Development Mine Modification
Brunswick County
May 15, 2008
I. Call to Order:
"It is now710 p.m. Good evening and welcome. My name is Dr. Kenneth Taylor and
I am the Chief of the North Carolina Geological Survey. I am serving as the hearing
officer for this public hearing. My responsibility is to provide a record of this hearing and
written comments for the Director of the Division of Land Resources. I would like to
emphasize that absolutely no decisions will be made this evening on this permit
application. Please sign in at the back on the sign-in sheets and indicate whether or
not you wish to speak, if you have not already done so."
"Please take a copy of the Mining Act of 1971 and Administrative Rules on Mining for
reference during the hearing."
111 am joined tonight by:
Mr. Floyd Williams, State Mining Specialist, Division of Land Resources, Land
Quality Section, Raleigh
Ms. Chastity Clark, Assistant State Mining Specialist, Division of Land Resources,
Land Quality Section, Raleigh
Mr. Dan Sams, Regional Supervisor, Division of Land Resources, Land Quality
Section, Wilmington Regional Office
Mr. Nick Mills, Environmental Specialist, Division of Land Resources, Land Quality
Section, Wilmington Regional Office"
II. State the Purpose for Hearing:
"The purpose of this hearing is to receive public comment related to a modification
application by F and R Development, Inc. to expand the mine permit boundary and
excavation area of the existing sand mining permit No. 10-45 (F and R Development
Mine) located off SR 1119 (Stanley Road SW) in Brunswick County."
"The hearing will be conducted in the following manner:
1 st. An explanation of the action for which the permit is required by the hearing
officer.
2nd. Ms Clark from the Mining Program in the Land Quality Section of the Division of
Land Resources will provide an explanation of the permit procedures as set forth
in The Mining Act of 1971.
3rd. Public Comment - Comments, statements, data, and other information may be
submitted in writing prior to or during the hearing or may be presented orally at
the hearing. Persons desiring to speak will indicate their intent at the time of
I

registration at the hearing. So that all persons desiring to speak may do so,
lengthy statements may be limited at the discretion of the hearing officer.
Cross-examination of persons presenting testimony will not be allowed; however,
1, the hearing officer may ask questions for clarification."
(Optional) The applicant may make a short presentation at the end of the
hearing and may be available for individual/group discussion after the hearing is
adjourned.
4th. These proceedings will remain open for a period of ten (10) days following the
hearing for additional written arguments or statements."
111. Explanation of the Action for which a Mining Permit is Re uired:
"The applicant proposes to expand the mine permit boundary and excavation area of
the existing sand mining permit No. 10-45 (F and R Development Mine) located off SR
1119 (Stanley Road SW) in Brunswick County. The applicant has submitted an erosion
and sediment control plan for the mine site intended to protect surrounding areas and
watercourses. A reclamation plan also has been submitted to the Department for
review concerning restoration of this area in a useful land use once mining has
terminated. A copy of this information may be viewed here at the front of this hearing
room after the hearing has adjourned. Copies of the application materials may also be
viewed upon request after tonight at the Land Quality Section's Wilmington Regional
Office and the Raleigh Central Office."
IV. LQS Presentation:
"Now I would like to defer to Ms Clark, Assistant State Mining Specialist with the Land
Quality Section, for a brief explanation of the mining permit procedures as set forth in
the Mining Act of 1971." (see attached "Land Quality Section Public Hearing
Presentation")
V. Comment Procedure:
"Comments shall be limited to those that relate directly to the seven (7) denial criteria
listed under G.S. 74-51 of The Mining Act of 1971 that the Department considers in
making its decision to grant or deny a mining permit application. These criteria are the
ones that were explained in detail to you a few minutes ago by the Land Quality Section
- Mining Program staff."
"Again, if you have not already signed the attendance sheet, please do so now. This
will provide us with an accurate attendance record and will let us know who wishes to
speak at the hearing tonight. We do not want to miss anyone."
A. "In light of the number of people who have indicated their desire to present comments
on this application, I will limit oral comments to 5 minutes per person in order to give
everyone desiring to speak adequate time. If there is additional time available at the
end of the hearing, I may allow additional comments at that time."
-- 2

"I ask that everyone please refrain from expressing your support or opposition to any of
the speakers' comments."
"I will now proceed row by row down the attendance sheets calling on those who have
indicated that they wish to speak."
"Please step forward to the podium when I call your name. If you have written
comments it would be extremely helpful if you would provide them to us before you start
your presentation."
(Call on each person who wishes to speak and take notes on their comments,
concerns, etc.)
LOS staff will address questions concernina the Act.
After all of the individuals that have indicated that they wish to speak have finished their
presentations, ask if anyone else wishes to speak. Ask them to approach the podium.
"Is there anyone else?"
"At this time, would the applicant wish to make some brief comments?"
"Finally, is there anyone else who wishes to speak?"
"We would like to thank everyone for attending this public hearing tonight and for the
important comments and questions raised. The Department will review the items
presented tonight as they relate to G.S. 74-51 of the Mining Act of 1971."
"The proceedings of this public hearing will remain open for a period of 10 days from
tonight or until Tuesday, May 27, 2008 for the filing of additional written comments to be
included in the official hearing summary I will prepare for the Director of the Division of
Land Resources."
"Please send 2 copies of any written comments to me at the following address:
Dr. Kenneth Taylor, Chief
North Carolina Geological Survey
NCDENR — Land Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
"Please note that even though the public hearing summary will close on Tuesday, May
27, 2008, the Department will continue to accept written public comments on this
, application throughout the application review process until a decision is made."
"Are there any questions? If not, the time is now7llls pm and this public hearing is
now adjourned."
3

L ,
4128108
LAND QUALITY SECTION PUBLIC HEARING PRESENTATION
As Dr. Taylor stated, my name is Chastity Clark. My title is Assistant State Mining
Specialist with the Department of Environment and Natural Resources, Division of Land
Resources, Land Quality Section.
My job, and that of the other members of the staff, is to review all applications for a
mining permit as they relate to The Mining Act of 1971. There were copies of the Act and
Rules (hold up) placed at the sign in area.
I would like to take a moment and briefly review a few specific areas of the Act. If you
would refer to G.S. 74-47, Findings, on the first page of the Mining Act handout (white
handout):
"The General Assembly finds that the extraction of minerals by mining is a basic and
essential activity making an important contribution to the economic well-being of North
Carolina and the Nation. Furthermore, it is not practical to extract minerals required by
our society without disturbing the surface of the earth and producing waste materials,
and the very character of certain surface mining operations precludes complete
restoration of the land to its original condition. However, it is possible to conduct mining
in such a way as to minimize its effects on the surrounding environment. Furthermore,
proper reclamation of mined land is necessary to prevent undesirable land and water
conditions that would be detrimental to the general welfare, health, safety, beauty, and

property rights of the citizens of the State. The General Assembly finds that the
conduct of mining and reclamation of mined lands as provided by this Article will allow
the mining of valuable minerals and will provide for the protection of the State's
environment and for the subsequent beneficial use of the mined and reclaimed land."
As stated in G.S. 74-49, Definitions, number (7) on page 2 of the Mining Act:
"'Mining' means: a) the breaking of the surface soil in order to facilitate or accomplish
the extraction or removal of minerals, ores, or other solid matter; b) 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 their original location; OR c) 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."
The Act goes on to state that:
"'Mining' does not include:
a) those aspects of deep mining not having significant effect on the surface,
where the affected land does not exceed one acre in area;
b) mining operations where the affected land does not exceed one acre in area;
c) plants engaged in processing minerals produced elsewhere and whose
refuse does not affect more that one acre of land;
d) excavation or grading when conducted solely in aid of on-site farming or of
on-site construction for purposes other than mining; or

e) removal of overburden and mining of limited amounts of any ores or mineral
solids when done only for the purpose and to the extent necessary to
determine the location, quantity, or quality of any natural deposit, provided
that no ores or mineral solids removed during exploratory excavation or
mining or sold, processed for sale, or consumed in the regular operation of a
business, and provided further that the affected land resulting from any
exploratory excavation does not exceed one acre in area."
On page 7 of the Mining Act, under G.S. 74-51, Permits - Application, granting, conditions, the
Act states, under subsection (b) that:
"The Department shall grant or deny the permit requested as expeditiously as possible, but in
no event later than 60 days after the application form and any relevant and material
supplemental information reasonably required shall have been filed with the Department, or if
a public hearing is held, within 30 days following the hearing and the filing of any relevant and
material supplemental information reasonably required by the Department.
On page 7 of the Act, under subsection (c), the Act goes on to state:
"The public hearing shall be held within 60 days of the end of the 30-day period within
any requests for the public hearing shall be made."
The most important information that I can present to you tonight is found under subsection (d)
beginning at the bottom of page 7 of the Act. It states:

"The Department may deny the permit [or modification to the existing permit] upon
finding [only one of the seven criteria listed on pages 6 and 7 of the Act]:
1. That any requirement of this Article or any rule promulgated hereunder will be
violated by the proposed operation;
This means that the very nature of the activity proposed in the application
will immediately violate any of the basic requirements of the Act and
corresponding Administrative Rules.
2. That the operation will have unduly adverse effects on potable groundwater
supplies, wildlife, or fresh water, estuarine, or marine fisheries;
Me application was routed to the Division of Water Resources for review
nd comment. DWR comments were received on April 1 2008 and noted
he followin : DWR stated If the mine starts to withdraw 100,00 d of
ater they would need to register their water withdrawals
he application was routed to Wildlife Resources Commission on March
6 2008 for their review and comment WRC's comments were received�b
G15 on April 24 2008 and noted the following recommendations: the Use
f locally native species for reclamation such as switchgrass for post
isturbance stabilization. They also recommend shrubspecies such as
ax myrtle, silverling, and marsh elder for stabilization around the lake
d e

he application was routed to the US Fish and Wildlife Service for r®view
nd comment. As of today we have not received comments back from this
enc
he application was routed to the Division of Marine Fisheries for review
nd comment. DMF comments were received on April 7 2008 the a enc
had no comment on the ro osed ro act
3. That the operation will violate standards of air quality, surface water quality, or
ground water quality that have been promulgated by the Department:
he application was routed to the Division of Air Quali and the Division o
Water Quality for review and comment. Comments were received from
hese a encies by LQS on April 22 2008 and noted the followin DAQ
tated no air permit existing or re aired for this site; DWQ recommended a
um In Ian
4. That the operation will constitute a direct and substantial physical hazard to
public health and safety or to a neighboring dwelling house, school, church,
hospital, commercial or industrial building, public road or other public property,
excluding matters relating to the use of a public road;
he application contained detailed information regarding -active, and fins
Io es at the site alona with buffers between the excavation and property
ines

5. That the operation will have a significantly adverse effect on the purposes of a
publicly owned park, forest or recreation area;
he_application was routed to the Division of Parks and.Recreation on
March 26, 2008. Comments;were received from theDivisl'on of Parks and
Recreation on April 4, 2008; Proposed activity is not within'S miles of a
public park or recreation area I
6. That the previous experience with similar operations indicates a substantial
possibility that the operation will result in substantial deposits of sediment in
stream beds or lakes, landslides, or acid water pollution;
A detailed erosion and sedimentation control plan was submitted with the
application and will be thoroughly evaluated by both the Land Quality
Section's Wilmington Regional Office staff and the Raleigh Central Office
staff.
OR
7. That the applicant or any parent, subsidiary, or other affiliate of the applicant or
parent has not been in substantial compliance with this Article, rules adopted
under this Article, or other laws or rules of this State for the protection of the
environment or has not corrected all violations that the applicant or any parent,
subsidiary, or other affiliate of the applicant or parent may have committed under
this Article or rules adopted under this Article and that resulted in:
a. Revocation of a permit,
b. Forfeiture of part or all of a bond or other security,

C. Conviction of a misdemeanor under G.S. 74-64,
d, Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64.
This pertains to the applicant's prior operating record with the Mining Program and the
Department of Environment and Natural Resources as a whole.
The Act goes on to clearly state that:
"In the absence of any findings set out in subsection (d) of this section, or if adverse
effects are mitigated by the applicant as determined necessary by the Department, a
permit shall be granted."
The decision on the issuance of a mining permit will not be made tonight. The authority
to issue or deny a permit lies with the Director of the Division of Land Resources,.Mr, James
D. Simons.
Any permit issued shall be expressly conditioned upon compliance with all requirements
of the approved reclamation plan for the operation and with such further reasonable and
appropriate requirements and safeguards as may be deemed necessary by the Department to
assure that the operation will comply fully with the requirements and objectives of the Mining
Act.

If the Department denies this application for a permit, it shall notify the operator in
writing, stating the reasons for its denial and any modifications in'the application, which would
make it,acceptable. The-operator may thereupon modify his application or file an appeal to
the North Carolina Mining Commission, which consists of a 9-member Governor appointed
board that reviews such issues as permit appeals and civil penalty appeals. In the event that
the application for a mining permit is approved, any aggrieved parties will be notified by the
Department of the permit issuance and its rights to file an appeal contesting the Department's
issuance of the permit.
In the event that this application for a permit is approved, the applicant must post and
maintain with the Department an appropriate reclamation or performance bond. The amount
of the bond is based upon a per acre amount ranging from $500.00 to $5,000.00 per acre
"affected" by the mining operation, with a maximum bond or"cap" of$500,000.00. A bond
calculation worksheet and schedule of reclamation costs are used to determine the proper
bond amount. The bond must remain in force for the life of the mining permit. In the event the
operator fails to satisfactorily reclaim the site or he fails to operate the site according to the
conditions and limitations of the mining permit, the bond may be forfeited and the money used
to complete any outstanding reclamation remaining at the site.
Please be advised that offsite truck traffic on public roads, noise, and potentially
negative impacts on property values are not within the jurisdiction of The Mining Act of 1971.
These items are more properly addressed through local zoning ordinances. I also would like
to draw your attention to G.S. 74-65, Effect of local zoning regulations, on page 18 of the Act.

�,5 par% ��

The Act basically states that,the-issuance of-a state mining permit, and any transfer, renewal
or modification to it, does not's'upersede any duly`adopted local zoning ordinance.
Furthermorejt is the responsibility of the local authority, not the Department, to enforce any
such ordinance that maybe in effect covering,the project area.
As Dr. Taylor will also reiterate here shortly, the hearing record will remain open for a
period of up to-10 days from tonight or e a RE2004. This,gives those• individuals that
were unable to attend an opportunity l(ocom nt., You may also think of something else that
you would like to add to your comments made here tonight. This.provides you that
opportunity.
Now that a public hearing has'been held on this application, the Department has a 30-
day review clock. The 30-day period starts after this hearing tonight.'Should tine Department
request additional information from the applicant; the•30-day clock'.would start over upon the
Department's receipt of all of the requested information. Such a process would continue until
tl a entire Department's,questions have been answered and a decision is made on the
application.
Now, I would like to turn the program back over to Dr._Taylor.

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Surface Mining Permit
Land Quality Section
Division of Land Resources
North Carolina Department of Environment
And Natural Resources
1612 Mail Services Center
Raleigh,North Carolina April 5,2008 .
27699-1612
Gentlemen;
The law provides many restrictions in land use,giving the owner of adjacent lands
A certain security and stability in consideration of the investment he has made.
Although such restrictions at times create hardship upon the owner the overall
Protection of property values makes them desirable.
Loud noises,constant vibrations,dust and a large traffic flow,of trucks,hauling
From this area,are already a nuisance. Allowing additional trucks,as many as
20(twenty)a day, is highly objectionable.
This condition is objectionable,to an entire neighborhood, which makes it.
A public nuisance.
Request this application be denied, in as much,it is the wishes of the 69(sixty
Nine)adjacent land owners,to deny any further traffic flow,thru this neighborhood.
Reference public interest to G.S.74-51,this letter is submitted,showing written objection,
To modification,of the surface training permit,as submitted by Ricky Parker.
Respectfully

May 16, 2008
Dr, Kenneth Taylor, Section Chief
Geological Survey
Division of Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699.1612
Dear Mr. Taylor:
My name is Irma Bryant. My husband is Ellis Bryant. Before his parents died they
wanted to leave Ellis something that he could be proud of, something that he could leave
his children and grandchildren to make sure they had property of their own. But that
legacy is no more. The only thing he can leave his children is a piece of property where
his neighbors are"mining"and where the water is bad, and if not bad it's gone, dried up,
and the air is so contaminated that you can't even spend an afternoon in your backyard
cooking out on the grill for fear that the kids will get sick and that is another trip to the
hospital.
I guess you can tell by now that we are against the mining in the Cedar Grove
Community. I do not want any more digging, dust in the air,noise, water that is so bad
you can't drink it, if you have any at all. But above all, I am very disappointed in the fact
that our community is so devalued by the Division of Land Resources that you would
even listen to anyone who wanted a permit to dig.
Thank you for listening.
Sincerely,
S &,�x?M ---
Irma E. Bryant
ames Ellis Bryant

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Dr. Kenneth Taylor, Section Chief
Geology Survey, Division of Land Services
1612 Mail Service Center
Raleigh, N.C. 27699-1612
May 26, 2008
RE: F and R Development Inc.-Modification to expand Mining Permit 10-45
(F and R Development Mine)
Dear Dr. Taylor:
I am very concerned about a letter I received regarding a permit to mine sand
on 38 acres of land located 4 miles north of Holden Beach near SR 1119/Stanley
Rd. This extraction of soil will be in very close proximity to acreage owned by me
Located approx. 3.5 miles north of Holden Beach off road SR 1126 Stanley Rd.
My initial concern is the depreciation of the land as a result of such a large
removal of soil which would make the land unattractive and decrease the value
to sell if that was a desire later. It would also modify any building plans.
Other concerns are voiced by those who lived in my home town on previous
diggings, the noise factor, smell of diesel fuel and dust damage. All these
enhanced problems for those suffering from upper respiratory diseases including
asthma. T U

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Please donot allow this operation to take place. There are too many problems to
human life and welfare.
Thank you for your consideration.
Sincereiy,
4L)
Esther Bush
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Surface Mining Permit
Land Quality Section
Division of Land Resources
North Carolina Department of Environment
And Natural Resources
1612 Mail Services Center
Raleigh,North Carolina April 5,2008
27699-1612
Gentlemen;
The law provides many restrictions in land use,giving the owner of adjacent lands
A certain security and stability in consideration of the investment he has made.
Although such restrictions at times create hardship upon the owner the overall
Protection of property values makes them desirable_
Loud noises,constant vibrations,dust and a large traffic flow,of trucks;hauling
From this area,,are already a nuisance. Allowing additional trucks,as many as
20(twenty)a day, is highly objectionable.
This condition is objectionable,to an entire neighborhood, which makes it,
A public nuisance_
Request this application be denied, in as much,it is the wishes of the 69(sixty
Vine)adjacent land owners,to deny any further traffic flow,thru this neighborhood.
Reference public interest to G.S. 74-51,this letter is submitted,showing written objection,
To modification,of the surface mining permit,as submitted by Ricky Parker.
Respectfully /

Surface Mining Permit
Land Quality Section
Division of Land Resources
North Carolina Department of Environment
And Natural Resources
1612 Mail Services Center
Raleigh,North Carolina April 5,2008
27699-1612
Gentlemen;
The law provides many restrictions in land use,giving the owner of adjacent lands
A certain security and stability in consideration of the investment he has made.
Although such restrictions at times create hardship upon the owner the overall
Protection of property values makes them desirable.
Loud noises,constant vibrations,dust and a large traffic flow,of trucks,hauling
From this area,are already a nuisance. Allowing additional trucks, as many as
20(twenty)a day, is highly objectionable.
This condition is objectionable,to an entire neighborhood, which makes it,
A public nuisance.
Request this application be denied, in as much,it is the wishes of the 69(sixty
Nine)adjacent land owners,to deny any further traffic flow,thru this neighborhood.
Reference{public interest to G.S. 74-51,this letter is submitted,showing written objection.
To modification,of the surface mining permit,as submitted by Ricky Parker.
Respectfully
r

Mr.&Mrs.James Ellis Bryant COAST.0"$'L CARCLlk"". AREA
180 Randolphville Road NE
Bolivia,North Carolina 28422 16 VIP.=' ZOOS P t-' 4
USA 41
noDr. Kenneth Taylor, Section Chief
Geological Survey2 2 M Division of Resources
____j 1612 Mail Service Center
!,-l;c Raleigh,North Carolina 27699-1612

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f:stkaer L. Bush ' .KI.N5,TON `NC 285
213 Meadow Ln. ,E._"-
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Dr. Kenneth Taylor, Section Chief
Geology Survey, Division of Land Services
1612 Mail Service Center
Raleigh, N.C. 27699-1612
May 26, 2008
RE: F and R Development Inc.-Modification to expand Mining Permit 10-45
(F and R Development Mine)
Dear Dr. Taylor:
I am very concerned about a letter I received regarding a permit to mine sand
on 38 acres of land located 4 miles north of Holden Beach near SR 1119/ Stanley
Rd. This extraction of soil will be in very close proximity to acreage owned by me
Located approx. 3.5 miles north of Holden Beach off road SR 1126 Stanley Rd.
My initial concern is the depreciation of the land as a result of such a large
removal of soil which would make the land unattractive and decrease the value
to sell if that was a desire later. It would also modify any building plans.
Other concerns are voiced by those who lived in my home town on previous
diggings, the noise factor, smell of diesel fuel and dust damage. All these
enhanced problems for those suffering from upper respiratory diseases including
asthma, G r
;� NAY 2803

2
Please donot allow this operation to take place. There are too many problems to
human life and welfare.
Thank you for your consideration.
Sincerely,
Esther Bush
fr
r,1� ,
�_� 4 MAY 2 8 20M

ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR F&R DEVELOPMENT MINE
F&R DEVELOPMENT, INC.
15-May-08
PLEASE PRINT . . .
CHECK IF YOU
CHECK IF WISH TO RECEIVE
YOU WISH A COPY OF
NAME MAILING ADDRESS TO SPEAK HEARING SUMMARY
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ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR F8R DEVELOPMENT MINE
F&R DEVELOPMENT, INC.
15-May-OS
. . PLEASE PRINT . . .
CHECK IF YOU
CHECK IF WISH TO RECEIVE
YOU WISH A COPY OF
NAME MAILING ADDRESS TO SPEAK HEARING SUMMARY
Lame # Q-, /7& erf,c . S4 Ne f �-
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ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR F&R DEVELOPMENT MINE
F&R DEVELOPMENT, INC.
15-May-08
. . PLEASE PRINT . . .
CHECK IF YOU
CHECK IF WISH TO RECEIVE
YOU WISH A COPY OF
NAME MAILING ADDRESS TO SPEAK HEARING SUMMARY
lr S urise'�'
a��e (2 �---

-p . �f
ATTENDANCE REGISTRATION SHEET
NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
PUBLIC HEARING FOR F&R DEVELOPMENT MINE
F&R DEVELOPMENT, INC.
15-May-08
. . PLEASE PRINT . . .
CHECK 1F YOU
CHECK IF WISH TO RECEIVE
YOU WISH A COPY OF
NAME MAILING ADDRESS TO SPEAK HEARING SUMMARY

■ Complete items 1,2,and 3.Also complete A Si re
item 4 if Restricted Delivery Is desired. / M'gent
e Print your name and address on the reverse J 0 Addressee
so that we can return the card to you. �� (Print Name) a of I ve
• Attach this card to the back of the mailpiece,
or on the front If space permits.
1. Article Addressed to: D. Is deffvWy address different tram item 7 Yes
tf YES,enter deliyery address bebw.. ❑No
MR RICKY PARKER
PRESIDENT
F AND R DEVELOPMENT INC
2011 ELK ROAD SW STE 1 LIVE OAK RD 3. _rice Type
SUPPLY NC 28462 �Mall 0 Express Mail
Registered etum Reoelpt for Mmdmndlse
❑ Insured Mail el C_0.0
4, Restricted Deilvery?(Extra Fee) ❑Yes
2. Artiste . or 7007. 0710 0001 5982 6324
(Transfernsler from seMa9 tabep _ --
PS Form 3811,February 2004 Domestic Return Receipt & �' /),I:> 102596-oz+,r. W

UNrrED STATES POSTAL SERVICE First-Class Mai!
Postage&Fees Paid
USPS
Permit No.G-10
° Sender: Please print your name, address, and ZIP+4 in this box °
DENR-DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
1612 MAIN SERVICE CENTER
RALEIGH NC 27690,1612
1.JJI..1,11.I'l.I'll It,11I111181111 ►pis111111141po1,Is11

MMMA
PA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
.lames D. Simons,P.G., P.E. [Michael F.Easley,Governor
Director and State Geologist April 29, 2008 William G.Ross Jr„ Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5501
.'Marshal Gause
135 McMilig Road
Shallotte NC .28470
RE: F and R Development Inc. -- Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Marshal Gause:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have iurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 / FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

y'` Public Notice
Page 1
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina Department of
Environment and Natural Resources concerning a modification application by F and R
Development, Inc. to expand the mine permit boundary and excavation area of existing sand
mining permit No. 1045 (F and R Development Mine) located off SR 1119 (Stanley Road
SW) in Brunswick County.
AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 5B, Section .0011
PLACE. TIME, DATE: Brunswick Government Center - Commissioners Chambers
Central Service Building - Building 1
45 Courthouse Drive NE
Bolivia, NC 28422
7:00 PM
May 15, 2008
PURPOSE:
To receive comment related to a modification request by F and R Development, Inc. to expand
existing sand mining permit no. 10-45 (F and R Development Mine) located off SR 1119
(Stanley Road SW) in Brunswick County.
Comments shall be limited to those that relate directly to the seven (7) denial criteria listed
under G.S. 74-51 of The Mining Act of 1971 that the Department considers in making its
decision to grant or deny a new mining permit application or a modification to an existing
mining permit. These criteria are as follows:
The Department may deny such permit upon finding:
1. That any requirement of this Article or any rule promulgated hereunder will be
violated by the proposed operation;
2. That the operation will have unduly adverse effects on potable ground water
supplies, wildlife, or fresh water, estuarine, or marine fisheries;
3. That the operation will violate standards of air quality, surface water quality, or
ground water quality, which have been promulgated by the Department;
4. That the operation will constitute a direct and substantial physical hazard to
public health and safety or to a neighboring dwelling house, school, church,

Public Notice ' 4P
Page 2
hospital, commercial or industrial building, public road or other public property,
excluding matters relating to use of a public road;
5. That the operation will have a significantly adverse effect on the purposes of a
publicly-owned park, forest or recreation area;
6. That previous experience with similar operations indicates a substantial
possibility that the operation will result in substantial deposits of sediment in
stream beds or lakes, landslides, or acid water pollution; or
7. That the applicant or any parent, subsidiary, or other affiliate of the applicant or
parent has not been in substantial compliance with this Article, rules adopted
under this Article, or other laws or rules of this State for the protection of the
environment or has not corrected all violations that the applicant or any parent,
subsidiary, or other affiliate of the applicant or parent may have committed under
this Article or rules adopted under this Article and that result in:
a. 'Revocation of the permit,
b. Forfeiture of part or all of the bond or other security,
c. Conviction of a misdemeanor under G.S. 74-64,
d. Any other court order issued under G.S. 74-64, or
e.' Final assessment of a civil penalty under G.S. 74-64.
In the absence of any findings set out above, or if adverse effects are mitigated by the
applicant as determined necessary by the Department, a permit shall be granted.
COMMENT PROCEDURE:
All persons interested in this matter are invited to attend. The hearing will be conducted in the
following manner:
1. Explanation of the action for which the permit is required by the hearing officer.
2. Explanation of the permit procedures as set forth in The Mining Act of 1971 by
the Division of Land Resources, Land Quality Section.
3. Public Comment - Comments, statements, data, and other information may be
submitted in writing prior to or during the hearing or may be. presented orally at
the hearing. Persons desiring to speak will indicate their intent at the time of
registration at the hearing. So that all persons desiring to speak may do so,
lengthy statements may be limited at the discretion of the hearing officer. Oral
;presentations must not exceed the time limit established by the hearing officer,

Public Notice
' Page 3
Any oral presentation that exceeds three (3) minutes must be accompanied by
three (3) written copies, which will be filed with the hearing officer at the
beginning of the oral presentation.
4. Cross examination of persons presenting testimony will not be allowed; however,
the hearing officer may ask questions for clarification.
5. (Optional) The applicant may make a short presentation at the end of the hearing
and may be available for individual/group discussion after the hearing is
adjourned.
6. The proceedings will remain open for a period of ten (10) days following the
hearing for additional written arguments or statements.
INFORMATION:
A copy of the mining permit application and corresponding maps are on file at the Wilmington
Regional (910.796.7215) and Central Office (919.733.4574), Land Quality Section, for the
public's information and review prior to the date of-the public hearing. Additional information
concerning this hearing may be obtained by writing or calling:
Floyd R. Williams, PG, CPG
State Mining Specialist or
Chastity Clark, Assistant State Mining Specialist
Land Quality Section -- Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Telephone: [phone]

1.
THE MIMING ACT OF 19710
[As amended through 2 0 0 01
NORTH CAROLINA GENERAL STATUTES
CHAPTER 74
ARTICLE 7
8 74-45.. Title.
This Article may be known and cited as "The Mining Act of
1971 . " (1971, c. 545, s. 1. )
8 74-47. Findings.
-The General Assembly finds that the extraction of minerals by
mining is a basic and essential activity making , an important
contribution to the economic well-being of North Carolina and the
nation. Furthermore, it is- not practical to extract minerals
required by our society without disturbing the surface of the
earth and producing waste materials, and the very character of
certain surface mining operations precludes complete restoration
of the land .to its original condition. However, it is possible to
conduct 'mining in such a way as to minimize its effects on the.
surrounding environment. Furthermore, proper reclamation of mined
land is necessary to prevent undesirable land and water conditions
that would be detrimental to the general welfare, health, safety;
beauty, and property rights of the citizens of the State. The
General Assembly finds that the conduct of mining and reclamation
of mined lands as provided by this Article will allow the mining
'of valuable minerals and will provide for the protection of the
State , s environment and for the subsequent beneficial use of the
mined and reclaimed land. (1971, c. 545, s. 2. )
8 74-48. Purposes.
The purposes of this Article are. to provide:
(1) That the usefulness, productivity, and scenic values of
all lands and waters involved in mining within the State
will receive the greatest practical degree of protection
and restoration.
(2) That from June 11, 1971, no mining shall be carried on in
the State unless plans for such mining include reasonable
provisions for protection of the surrounding environment
and for reclamation ' of the area of land affected by
mining. (1971, , c. 545, s. 3 . )
5 74-.49. Definitions.
wherever used or referred to in this Article, unless a different
meaning clearly appears from the context:
(1) "Affected land" means the surface area of land that is
mined, the surface area of land associated with a mining
activity so that soil is exposed to accelerated erosion,
the surface area of land on. which overburden and waste is
deposited, and the surface area of land used for

2
F
processing or treatment plant, stockpiles, nonpublic
roads, and settling ponds. -
(la) "Affiliate" has the same meaning as in 17 Code of Federal
Regulations S 240.12 (b) -2 (1 April 1992 Edition) , which
defines "affiliate" as a person that directly, or
indirectly through one or more intermediaries, controls,
is controlled by, or is under common control of another
person.
(2) "Borrow pit" means an area from which soil or other
unconsolidated materials are removed to be used, without
further processing, for highway construction and
maintenance.
(3) "Commission" means the Mining Commission created by G.S.
143E-290 .
(4) "Department" means the Department of Environment and
Natural Resources. Whenever in this Article the
Department is assigned duties, they may be performed by
the Secretary or an employee of the Department designated
by the Secretary. .
(5) "Land" shall include submerged lands underlying any river,
stream, lake, sound, or other body of water and shall
specifically include, among others, estuarine and tidal
Ian".
(6) "Minerals" means soil, 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.
(7) "Mining" means:
a. The breaking of the surface soil in order to facilitate
or accomplish the extraction or removal of minerals,
ores, or other solid matter.
b. 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 their original
location.
c. 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.
"Mining" does not include:.
a. Those aspects of deep mining not having significant
effect on the surface, where the affected land does not
exceed one acre in area.
b. Mining operations where the affected land does not
exceed one acre in area.
c. Plants engaged in processing minerals produced
elsewhere and whose refuse does not affect more than
one acre of land.
d. Excavation or grading when conducted solely in aid of
on-site farming or of on-site_ construction for purposes
other than mining.
e. Removal of overburden and mining of limited amounts of
any ores or mineral solids when done only for the
purpose and to the extent necessary to determine the
location, quantity, or quality of any natural deposit,

M •
3
provided that no ores or mineral solids removed during
exploratory excavation or mining are sold, processed
for sale, or consumed in the regular operation of a
business, and provided further that the affected land
resulting from any exploratory excavation does not
exceed one acre in area.
f. Excavation or grading where all of the following apply:
1. The excavation or grading is conducted to provide
soil or other unconsolidated material to be used
without further processing for a single off-.site
construction project for which an erosion control
plan has been approved in accordance with Article 4
of Chapter 113A of the General Statutes.
2 . The affected - land, including nonpublic access
roads, does not exceed five acres.
3 . The excavation or grading is completed within one
year.
4 . The excavation or grading does not involve
blasting, the removal of material from rivers or
streams, the disposal of off-site waste on the
affected land, or the surface disposal of
groundwater beyond the affected land.
5. The excavation or grading is not in violation of
any local ordinance.
6. An erosion control plan for the excavation or
grading has been approved in accordance with
Article 4 of Chapter 113A of the General Statutes.
(S) "Neighboring" means in close proximity, in the immediate
vicinity, or in actual contact.
(9) "Operator" means any person or persons, any partnership,
limited partnership, or corporation, or any association of
persons, engaged in mining operations, whether
individually, jointly, or through subsidiaries, agents,
employees, or contractors.
(10) "Overburden" means the earth, rock, and other materials
that lie above the natural deposit of minerals.
(10a) "Parent" has the same meaning as in 17 Code of Federal
Regulations 9 240.12 (b) -2 (1 April 1992 Edition) , which
defines "parent" as an affiliate that directly, or
indirectly through one or more intermediaries, controls
another person.
(11) "Peak" means overburden removed from its natural position
and deposited elsewhere in the shape of conical piles or
projecting points.
(12) "Reclamation" means the reasonable rehabilitation of the
affected land for useful purposes, and the protection of
the natural resources of the surrounding area. Although
both the need for and the practicability of reclamation
will control the type and degree of reclamation in any
specific instance, the basic objective will be to
establish on a continuing basis the vegetative cover, soil
stability, water conditions and safety conditions
appropriate to the area.
(13) "Reclamation plan" means the operator's written proposal
as required and approved by the Department for reclamation

4
of the -affected land, which shall_ include but not be
limited to:
a. Proposed practices to protect adjacent surface
resources;
b. Specifications for surface gradient restoration to a
surface suitable for the proposed subsequent use of the
land after reclamation is completed, and proposed
method of accomplishment;
c. Manner and type of revegetation or other surface
treatment of the affected areas;
d. Method of prevention or elimination of conditions that
will be hazardous to animal or fish life in or adjacent
to the area;
e. Method of compliance with State air and water pollution
laws;
f. Method of rehabilitation of settling ponds;
g. Method of control of contaminants and disposal of
mining refuse;
h. Method of restoration or establishment of stream
channels and stream banks to a condition minimizing
erosion, siltation, and other pollution;
i. Maps and other supporting documents as may be
reasonably required by the Department; and
j . A time schedule that meets the requirements of G.S.
74-53 .
(14) "Refuse" means all waste soil, rock, mineral, scrap,
tailings, slimes, and other material directly connected
with the mining, cleaning, and preparation of substances
mined and shall include all waste materials deposited on
or in the permit area from other sources.
(15) "Ridge" means overburden removed from its natural position
and deposited elsewhere in the shape of a long, narrow
elevation.
(16) "Spoil bank" means a deposit of excavated overburden or
refuse.
(16a) f'Subsidiaryn has the same meaning as in 17 Code of Federal
Regulations 5 240. 12 (b) -2 (1 April 1992 Edition) , which
defines "subsidiary" as an affiliate that is directly, or
indirectly through one or more intermediaries, -controlled
by another person.
(17) "Termination of mining" means cessation of mining
operations with intent not to resume, or cessation of
mining operations as a result of expiration or revocation
of the permit of the operator. whenever the Department
shall have reason to believe that a mining operation has
terminated, the Department shall give the operator written
notice of its intention to declare the operation
terminated, and the operator shall have an opportunity to
appear within 30 days and present evidence that the
operation is continuing; where the Department finds that

5
the evidence is satisfactory, the Department shall not
f declare the mining operation terminated. (1971, c. 545, s.
4; 1973, c. 1262, as. 33, 86; 1977; c. 771, s. 4; c. 845,
s. 1; 1989, c. 727, s. 218 (13) ; 1993 (Reg. Seas. , 1994) ,
c. 568, s. 1. ; 1997-443, s. 11A. 119 (a) ; 1999-82, s. 1. )
74-50. Permits -- General.
(a) No operator shall engage in mining without having first
obtained from the Department- an operating permit that covers the
affected land and that has not been terminated, revoked, suspended
for the period in question, or otherwise become invalid. An
operating permit may be modified from time to time to include land
neighboring the affected land, in accordance with procedures set
forth in G.S. 74-52. A separate permit shall be required for each
mining operation that is not on land neighboring a mining operation
for which the operator has a valid permit
(b) As used in subsection (bi) of this section:
(1) 'Permitted area, means affected land and all other land
used for or designated as buffers or reserves, or used
for other purposes, as delineated in a mining permit or
an application for a m'lining- permit.
(2) Permit boundaries' means the boundaries of a-permitted
area.
(3) `Land adjoining' means any parcel or tract of land that
is not owned in whole or in part by, or that is not
under the control of, the applicant or operator or any
lessor, affiliate, parent, or subsidiary of the
applicant or operator and that is contiguous to either:
(i) any parcel or tract that includes the permitted
area or (ii) any parcels or tracts of land that are
owned in whole or in part by or under the control of
the applicant or operator or .any lessor, affiliate,
parent, or subsidiary of the applicant or operator and
that, taken together, are contiguous to the permitted
area.
(bl) At the time of an application for a new mining permit or
for a modification of a mining permit to add land to the permitted
area, the applicant or operator shall make a reasonable effort,
satisfactory to the- Department, to notify:
(1) The chief administrative officer - of each county and
municipality in which any part of the permitted area is
located.
(2) The owners of record of land adjoining•that lies within
1, 000 feet of the permit boundaries.
(3) The owners of record of land that lies directly across
and is contiguous to any highway; creek, stream, river,
or other watercourse; railroad track; or utility or
other public right-of-way and that lies within 1, 000
feet of the permit boundaries. For purposes of this
subdivision, 'highway' means a highway, -as defined in
G.S. 20-4.01 (13) that has four lanes of travel or less
and that has not been designated a part of the
Interstate Highway System.

6
(b2) The notice shall inform the owners of record and chief
administrative officers of the opportunity to submit written
comments to the Department regarding the proposed mining operation
and the opportunity to request a public hearing regarding the
proposed mining operation. Requests for public hearing shall be
made within' 30 days of issuance of the notice.
(b3) When the Department receives an application for a new
mining permit or for a modification of a mining permit to add land
to the permitted area, the Department shall send a notice of the
application to each of the following agencies with a request.-that
each agency review and provide written comment on the application
within 30 days of the date on which the request is made:
(1) Division of Air Quality, Department of Environment and
Natural Resources.
(2} Division of Parks and Recreation, Department of
Environment and Natural Resources.
(3) Division of Water Quality, Department of Environment
and Natural Resources.
(4) Division of Water Resources, Department of Environment
and Natural Resources.
(5) North Carolina 'Geological Survey, Division of Land
Resources, Department of Environment and Natural
Resources.
(6) Wildlife Resources Commission, Department of-
Environment and Natural Resources.
(7) Division of Archives and History, Department of
Cultural Resources.
(a) United States Fish and Wildlife Service, United States
Department of the Interior.
(9) Any other federal or State agency that the Department
determines to be appropriate, including the Division of
Coastal Management, Department of Environment and
Natural Resources; the Division of Marines Fisheries
Department of Environment and Natural Resources; the
Division of Waste Management, Department of Environment
and Natural Resources; and the Department of
Transportation.
(c) No permit shall become effective until the operator has
deposited with the Department an acceptable performance bond or..
other security pursuant to G.S. 74-54. If at any time the bond or
other security, or any part thereof, shall lapse for any reason
other than a release by the Department, and the lapsed bond or
security is not replaced by the operator within 30 days after
notice of the lapse, the permit to which the lapsed bond or
security pertains shall be automatically revoked.
(d) ' An operating permit shall be granted for a period not
exceeding 10 years. If the mining operation terminates and the
reclamation required under the approved reclamation plan is
completed prior to the end of the period, the permit shall
terminate. Termination of a permit shall not have the effect of
relieving the operator of any obligations that the operator has
incurred under an approved reclamation plan or otherwise. Where
the mining operation itself has terminated, no permit shall be
required in order, to carry out reclamation measures under the

7
reclamation plan. (1971, c.. 545, S. 5; 1973, c. 1262, s. 33,; 1981,
' c. 787, s. 1; 1993 (Reg. Sess. , 1994) , c. 568, s. 2. ; 2000-116',
5 74-51. Permits -- Application, granting, conditions.
(a) Any operator desiring to engage in mining shall make written
application to the Department for a permit. The application shall
be upon a form furnished by the Department and shall fully state
the information called for; in addition, the . applicant may be
required to furnish any other information as may be deemed
necessary by the Department in order adequately to enforce this
Article. The application shall be accompanied by a reclamation
plan that' meets the requirements of G.S. 74-53 . No permit shall be
issued until a reclamation plan has been approved by. the
Department . The application shall be accompanied by a signed
agreement, in a form specified by the Department, 'that in the
event a bond forfeiture is ordered pursuant to G.S-. 74-59, the
Department and its representatives and contractors shall have the
right to make whatever entries on the land, and to take whatever
actions may be necessary in order to carry out reclamation that. the
operator has failed to complete.
(b) Before deciding whether to grant a new permit, the
Department shall circulate copies of a notice of application for
review and comment as it deems advisable. The Department shall
grant or deny the permit requested as expeditiously as possible,
but in no event later than 60 days . after the application form and
any . relevant and material supplemental information reasonably
required red shall have been filed with. the Department, or if a public
hearing is held, within 30 days following the hearing and the
filing of any relevant and material supplemental information
reasonably required by the Department. Priority consideration
shall be given to applicants who submit evidence that the mining
proposed will be . for the purpose of supplying materials to the
Board of Transportation.
(c) If the Department determines,. based on public comment
relevant to the provisions of this Article, that significant public
interest exists, the Department shall conduct a public hearing on
any application for a new mining permit or for a modification of a
mining permit to add land to the permitted area, as defined in G.S.
74-50 (b) . The hearing shall be held before the Department reaches
a _final decision on the application, and in making its
determination, the Department shall give full consideration to all
comments submitted at the public hearing. The public hearing shall
be held within 60 days of the end of the 30-day period within which
any requests for the public hearing shall be made.
(d) The Department may deny the permit upon finding:
(1) That any requirement of this Article or any rule
promulgated hereunder will be, violated by the proposed
operation;
(2) -That the operation will have unduly adverse effects on
potable groundwater supplies, wildlife, or fresh water,
estuarine, or marine fisheries;

8
(3) That the operation will violate standards of air
quality, surface water quality, or groundwater quality e
that have been promulgated by the Department; ,
(4) That the operation will constitute a direct and '
substantial physical hazard to public health and safety
or to a neighboring dwelling house, school, church,
hospital, commercial or industrial building, public
road or other public . property, excluding 'matters
relating 'to use of a public road;
(5) That. the operation will have a significantly adverse
effect •on the purposes of a publicly owned park, forest
or recreation area;
(6) That previous experience with similar operations
indicates a substantial possibility that the operation
will result in substantial deposits of sediment in
stream beds or lakes, landslides, or acid water
pollution; or
(7) That the applicant or any parent, subsidiary, or other
affiliate of the applicant or parent has not been in
substantial compliance with this Article, rules adopted
under this Article, or other laws or rules of this
State for the, protection of the environment or has not
corrected all violations that the applicant or any
parent, subsidiary, or other affiliate of the applicant
or parent may have committed under this Article or
rules adopted under this Article -and that resulted in:
a. Revocation of a permit,
b. Forfeiture of part or all of a bond or other
security,
c. Conviction of a misdemeanor under G.S. 74-64,
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-
64.
(e) in the absence of any finding set out in subsection (d) of
this section, or if adverse effects are mitigated by the applicant
as determined necessary by the Department, a permit shall be
granted.
(f) Any permit issued shall be expressly conditioned upon
compliance with all requirements of the approved reclamation plan
for the operation and with any other reasonable and appropriate
requirements and safeguards that the Department determines are
necessary to assure that 'the operation will comply fully with the
requirements and objectives of this Article. These conditions may,
among others, include a requirement of visual screening, vegetative
or otherwise, .so as to screen the view of the operation from public
highways;, public parks, or residential areas, where the Department
finds screening to be feasible and desirable. Violation of any
conditions of the permit shall be treated as a violation of this
Article and shall constitute a basis for suspension or revocation
of the permit.
(g) If the Department denies an application for a permit, the
Department shall notify the operator in writing, stating the
reasons for the denial and any modifications in the application
that would make the application acceptable. The operator may

9
thereupon modify and resubmit the application, or file an appeal as
provided in G.S: 74-61.
(h) Upon approval of an application, the Department shall set
the amount of the performance bond or other security that is to be
required pursuant to G.S. 74-54. The operator shall have 60 days
after the Department mails a notice of the required bond to the
operator in which to deposit the required bond or security with the
Department. The operating permit shall not be issued until receipt
of this deposit.
(1) When one operator succeeds to the interest of another in any
uncompleted mining operation by virtue of a. sale, lease,
assignment, or otherwise, the Department may release the first
operator from the duties imposed upon the operator by this Article
with reference to the mining operation and transfer the permit to
the successor operator; provided, that both operators have complied
with the requirements of this Article and that the -successor
operator assumes the duties of the first operator with reference to
reclamation of the land and posts a suitable bond or other
security. (1971, c. 545, s. 6; 1973, c. 507, s. 5; 1977, c. 771,
s. 4; c. 845, B. 2; 1981, C. 787, ss. 2, 3; 1987, c. 827, c. 82,
1989, c. 727, s.- 11; 1993 (Reg. Sess.', 1994) , c. 568, s. 3. )
S 74-52. Permits -- Modification, renewal.
(a) Any operator engaged in mining under an operating permit may
apply at any time for modification of the permit. A permittee may
apply for renewal of the permit at any time during the two years
prior to the expiration of the permit. The application shall be in
writing upon forms furnished by the Department and shall fully
state the information called for. The applicant must provide the
Department with any additional information necessary to satisfy
application requirements. The applicant is not required to
resubmit. information that • remains unchanged since the time of the
prior application. in addition, the applicant may be required to
furnish any other information as may be deemed necessary by the
Department in order adequately to enforce the Article.
(b) The procedure to be followed and standards to be applied in
renewing a permit shall be the same as those for issuing a permit;
provided, however, that in the absence of any changes in legal
requirements for issuance of a permit since the date on which the
prior permit was issued, the only basis for denying a renewal
permit shall be an uncorrected violation of the type listed in G.S.
74-51 (7) , or failure to submit an adequate reclamation plan in
light of conditions then existing.
(c) A modification under this section may affect the land area
covered by the permit, the approved reclamation plan coupled with
the permit, or other terms and conditions of the permit. A permit
may be modified to include land neighboring the affected land, but
not other lands. The reclamation plan may be modified in -any
manner, so long as the Department determines that the modified plan
fully meets the standards set forth in G.S. 74-53 and that the
modifications would be generally consistent with the bases for
issuance of the original permit. Other terms and conditions may be
modified only where the Department determines that the permit as
modified would meet all requirements of G.S. 74-50 and 74-51. No

10
modification shall extend the expiration date of any permit issued
under this Article.
(d) No modification or renewal of a permit shall become effective
.until any required changes have been made in the performance bond
or other security posted under the provisions of G.S. 74-54, so as
to assure the performance of obligations assumed by the operator
under the permit and reclamation plan. (1971, c. 545, s. 7; 1993
(Reg. Seas. , 1994) , c. 568; s. 4. )
74-53. Reclamation plan.
The operator shall submit with his application for an operating
permit a proposed reclamation plan. Said plan shall include as a
minimum, each of the elements specified, in the definition of
"reclamation plan" in G.S. 74-49, plus such other information as
may be reasonably required by the Department . The reclamation
plan shall provide that reclamation activities, particularly those
relating to control of erosion, shall to the extent feasible be
conducted simultaneously with mining operations and in any event
be initiated at the earliest practicable time after completion or
termination of mining on any segment of the permit area. The plan
shall provide that reclamation activities shall be completed within
two years after completion or termination of mining on each segment
of the area for which a permit is requested unless a longer period
is specifically permitted by the Department _
The Department may approve, approve subject to stated
modifications, or reject the plan which is proposed.. The
Department shall approve a reclamation plan (as submitted or as
modified) only where it finds that it adequately provides for those
actions necessary to achieve the purposes and requirements of this
Article, and that in addition, the plan meets the following minimum
standards:
(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) At open pit mining operations, 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) In no event shall any provision of this section be
construed to allow small pools of water that are, or are
likely to become, noxious, odious, or foul to collect or
remain on the mined area. Suitable drainage ditches or
conduits shall be constructed or installed to avoid such
conditions. Lakes, ponds, and marsh lands shall be
considered adequately reclaimed lands when approved by
the Department.
(5) The type of vegetative cover and methods of its
establishment shall be specified, and in every case shall
conform to accepted and recommended agronomic and
reforestation restoration practices as established by the
North Carolina Agricultural Experiment Station and

Department of Environment and Natural Resources. Advice
and technical assistance may be, obtained through the
State soil and water conservation districts.
The Department shall -be authorized to approve a reclamation
plan despite the fact that such plan does not provide for
reclamation treatment of every portion of the affected land, where
the Department finds that because of special conditions such
treatment would not be feasible for particular areas and that. the
plan takes all practical steps to minimize the extent of such
areas. (1971, c. 545, s. 8; 1973, c. 1262, s. 86; 1977, c. 771, s.
4; 2989, c. 727, s. 218 (14) ; 1991, c. 342, s. 1. )
5 74-54. Boads.
(a) Each applicant for an operating permit, or for the renewal
of a permit- shall, following the approval of the application, file
and maintain ' in force a bond in favor - of the State of North
Carolina, executed by a surety approved by the Commissioner of
Insurance, in the amount set forth below. The bond herein provided
for must be continuous in nature and shall remain in force until
cancelled by the surety. Cancellation by the surety shall be
effectuated only upon 60 days written notice thereof to the
Department and to the operator.
(b) The applicant shall have the option of filing a separate
bond for each operating permit or of filing a blanket bond covering
all mining operations within the State for which the applicant
holds a permit. The amount of each bond shall be based upon the
area- of affected land- to be reclaimed under the approved
reclamation plan or plans to which the bond pertains, less any area
where reclamation has been completed and released from coverage by
the Department, pursuant to G.S. 74-56, or .based on any, other
criteria established by the Mining Commission. The Department
shall set the amount of the required bond in all cases, based upon
-" a schedule established by the Mining Commission.
(c) The bond shall, be conditioned upon the faithful performance
of the requirements set forth in this Article and of the rules
adopted under this Article. Upon filing the bond with the
Department, the operator shall lose all right, title, and interest
in the bond while the bond is held by the Department. Liability
under the bond shall be maintained as long as reclamation is not
completed in compliance with the approved reclamation plan unless
released only upon written notification from the Department.
Notification shall be given upon completion of compliance or,
acceptance by the Department of a substitute bond. In no event
shall the liability of the surety exceed the amount of the surety
bond required by this section.
(d) In lieu of the surety bond required by this section, the
operator may file with the Department a cash deposit, an
irrevocable letter of credit, a guaranty of payment from an
acceptable bank, an assignment of a savings account in an
acceptable bank on an assignment form prescribed by the Department,
or other security acceptable to the Department . Security shall be
subject to the release provisions of G.S. 74-56.
(e) If the license to do business in North Carolina of any
surety upon a bond filed pursuant to this Article should be

12 ,
suspended or revoked, the operator shall, within 60 days after
receiving notice thereof, substitute for the surety a good and
sufficient corporate surety authorized to do business in this
State. Upon failure of the operator to substitute sufficient
surety within the time specified, the operator's permit shall be
automatically revoked. (1971, c. 545, a. 9; - 1981, c. 787, s. 4;
1987, c. '827, s. 85; 1993 (Reg. Seas . 1994) , c. 568, s. 5.)
S, 74-54.1. Permit fees.
(a) The Commission may establish a fee schedule for the
processing of permit applications and permit renewals and
modifications. The fees may vary on the basis of the acreage,
size, and nature of the proposed or permitted operations or
modifications. In establishing the fee schedule, the Commission
shall consider the administrative and personnel costs incurred by
the Department for processing applications for permits and permit
renewals and modifications- and for related compliance activities
and safeguards to prevent unusual fee assessments that would impose
a serious economic burden on an individual applicant or a class of
applicants.
(b) The total amount of permit fees collected for any fiscal
year may not exceed one of the total personnel and
administrative costs incurred by the Department for processing
applications for permits and permit renewals and modifications and
for related compliance costs .in the prior fiscal year. A fee for
an application for a new permit may not exceed two thousand five
hundred 'dollars ($2,500) , and a fee for an application. to renew or
modify a- permit may not exceed five hundred dollars ($500.00) The
Mining Account is established as a nonreverting account within the
Department. Fees collected under this section shall be credited to
the Mining Account and shall be applied to the costs of
administering this Article. -
(c) The Department shall annually report on or before 1
September to the Environmental Review Commission on the cost of
implementing this Article. The report shall include the fees
established, collected, and disbursed under this section and any
other information requested by the General Assembly or the
Commission. (1989 (Reg. Seas. , 1990) , c. - 944, B. 1; 1991 (Reg.
Seas. , 1992) , c. 1039, s. 16; 1993, c. 513, s. 3; 1993 (Reg. Sess. ,
1994) , C . 568 s. 6 . )
5 74-55. Reclamation report.
Within 30 days after completion or termination of mining on an
area under permit or within 30 days after each anniversary of the
issuance of the operating permit, whichever is earlier, or at such
later date as may be provided by miles of the Department, and each
year thereafter until reclamation is completed and approved, the
operator shall file a report of activities, completed during the
preceding year on a form prescribed by the Department, which shall :
(1) Identify the mine, the operator and the permit number;
(2) State acreage disturbed by raining in the last 12-month
period;

13
(3) State and describe amount and type of reclamation
carried out in the last 12-month period;
(4) Estimate acreage to be newly disturbed by mining in the
next 12-month period;
(5) Provide such maps as may be specifically requested by
the Department. (1971, c. 545, s. 10; 1987, c. 827, s.
§ 74-55. Inspection and approval of reclamation;
bond release or forfeiture.
(a) The Department may direct investigations as it may
reasonably deem necessary to carry out its duties as prescribed by
this Article, and for this purpose to enter at reasonable times
upon any mining operation for the purpose of determining compliance
with this Article and any rules adopted under this Article and for
determining compliance with the terms and conditions of a mining
permit, but for no other purpose. No person shall refuse entry or
access to any authorized representative of the Department who
enters the mining operation for purposes of inspection or other
official duties and who presents appropriate credentials; nor shall
any person obstruct, hamper, or interfere with 'the representative
while the representative is carrying out official duties. Upon
arriving at the site, the representative of the Department, shall
make every reasonable effort to notify the operator or the
operator's agent that the representative of the Department intends
to inspect the site. Upon receipt of the operator's annual report
or report of completion of reclamation and at any other reasonable
time the Department may elect, the Department shall .cause the
permit area to be inspected to determine whether the operator has
complied with the reclamation plan, the requirements of this
Article, any rules adopted under this Article, and the terms and
conditions of the permit.
(b) The operator shall proceed with reclamation as scheduled in
the approved reclamation plan. The Department shall conduct an
inspection and give written notice to the operator of any
deficiencies noted. The operator shall thereupon commence action
within 3.0 days to rectify these deficiencies and shall diligently
proceed until they-have been corrected. The Department may extend
performance periods referred to' in this section and in G.S.. 74-53
for delays clearly beyond the operator's control, but only in cases
where the Department finds that the operator is making every
reasonable effort to comply.
(c) Upon completion of reclamation of an area of affected land,
the. operator shall notify the Department. The Department shall
make an inspection of the area, and if it finds that reclamation
has been properly completed, it. shall notify the operator in
writing and release the operator from further obligations regarding
the affected land. At the same time the Department shall release
all or the appropriate portion of any performance bond or other
security that- the operator has posted under G.S . 74-54 .
(d) If at any time the Department finds that reclamation of the
permit .area is not proceeding in accordance with the reclamation
plan and that the operator has failed within 30 days after notice
to commence corrective action, or if the Department finds that

14
reclamation has not been properly completed in conformance with
the reclamation plan within two years, or longer if authorized by
the Department, after termination of mining on any segment of the
permit area, the Department shall initiate forfeiture proceedings
against the bond or other security filed by the operator under
G.B. 74-59. In addition, failure to implement the reclamation plan
shall constitute grounds for suspension or revocation of the
operator's permit, as provided in G.S. 74-58 . (1971, c. 545, s.
11; 1987, c. 827, s. 85; 1993 (Reg. Sess. , 1994) , c. 568, a. 7 . )
5 74-57. Departmental moodification of permit or reclamation
plan.
If at any time it appears to the Department from its inspection
of the affected land that the activities under the reclamation,plan
and other terms and conditions of the permit are failing to achieve
the purposes and requirements of this Article, it shall give the
operator written notice of that fact, of its intention to modify
the reclamation plan and other terms and conditions of the permit
in a stated manner, and of the operator's right to a hearing on
the proposed modification at a stated time and place. The date
for such hearing shall be not less than 30 nor more than 60 days
after the date of the notice unless the Department and the
operator' shall mutually agree on another date. Following the
hearing the Department shall have the right to modify the
reclamation plan and other terms and conditions of the permit in
the manner stated in the notice or in such other manner as it deems
appropriate in view of the evidence submitted at the hearing.
(1971, c. 545, s. 12 . )
S 74-58. Suspension or revocation of permit.
(a) Whenever the Department shall have reason to believe that a
violation of (i) this Article, (ii) any rules adopted under this
Article, or (iii) the terms and conditions of .a permit, including
the approved reclamation plan, has taken place, it shall serve
written notice of the apparent violation upon the operator,
specifying the facts constituting the apparent violation and
informing the operator of the operator's right to an informal
conference with the Department. The date for an informal conference
shall be not less than 15 nor more than 30 days after the date of
the notice, unless the Department and the operator mutually agree
on another date. If the operator or the operator's representative
does not appear at the informal conference, or if the Department
following the informal conference finds that there has been a
violation, the Department may suspend the permit until the
violation is corrected or may revoke the permit where the violation
appears to be willful.
(b) The effective date of any suspension or revocation shall be
30 days following the date of the decision. The filing of a
petition for a contested case under G.S. 74-61 shall stay the
effective date until the Commission makes a final decision. If the
Department finds -at the time of its initial decision that any delay
in correcting a violation would result in imminent peril to life or

4
15
danger to property or to the environment, it shall promptly
initiate a proceeding for injunctive relief under G.S. 74-64 hereof
and Rule -65 of the Rules of civil Procedure. The pendency of any
appeal from a suspension or revocation of a permit shall have no
effect upon an action for injunctive relief.
(c) Any operator whose permit has been suspended or revoked
shall be denied a new permit or a renewal of an existing permit to
engage in mining until the operator gives evidence satisfactory to
the Department of the operator's ability and intent to fully comply
with the provisions of this Article, and rules adopted under this
Article, and the terms and conditions of the permit, including the
approved reclamation plan, and that the operator has satisfactorily
corrected all. previous violations. (1971, c. 545, s. 13; 1973, c.
1262, s. 33; 1979, c. 252, s. 1; 1987, c. 827, s. 82A; 1993 (Reg.
Sess . , 1994) , c. 568, s. 8 . )
5 74-59. Bond forfeitures proceedings.
whenever the Department determines the necessity of a bond
forfeiture under the provisions of G. S. 74-56, or whenever it
revokes an operating permit under the provisions of G.S. 74-58, it
shall request the Attorney General to initiate forfeiture
proceedings against the bond or other security filed by the
operator under G.S. 74-54; provided, however, that no such request
shall be made for forfeiture of a bond until the surety has been
given written notice of the violation and a reasonable opportunity
to take corrective action. Such proceedings. shall be brought in
the name of the State of. North Carolina. In such proceedings,^ the
face amount of the bond or other security, less any amount
released by the Department pursuant to G.S. 74-56, shall be
treated as liquidated damages and' subject to forfeiture. All
funds collected as a result of such proceedings shall be placed in
a- special fund and used by. .the Department to carry out, to the
extent possible, the reclamation measures which the operator has
failed to complete. If the amount of the bond or other security
filed pursuant to this section proves to be insufficient to
complete the required reclamation pursuant to the approved
reclamation plan, the operator shall be liable to the Department
for any excess above the amount of the bond or other security which
may be required to defray the cost of completing the required
reclamation. (1971, c. 545, s. 14 . )
5 74-60. Notice.
whenever in this Article written notice is required to be given
by the Department, such notice shall be mailed by registered or
certified mail to the permanent address of the operator set forth
in his most recent application for an operating permit or for a
modification or renewal of such permit . No other notice shall be
required. (1971, c. 545, s . 15. )
5 74-61. Administrative and judicial review of decisions.
An applicant, permittee, or affected person may contest a
decision of the Department to deny, suspend, modify, or revoke a

permit or a reclamation plan, to refuse to release part or all of F
a bond or other security, or to assess a civil penalty by filing a
petition 'for a contested case under G.S. 150H-23 within 30 days
after the' Department makes the decision. The Commission shall make
the final' decision' in a contested case under this section. Article
4 of Chapter 150H of the General Statutes governs judicial review
of a decision of the Commission. (1971, c. 545, s . 16; 1973 , c.
1262 , s. 133; . 1977, c. 771, s. 4; 1979, c. 252, s. 3; 1987, c. 827,
s. 86; 1993 (Reg. Sess. , 1994) , c. 568, s. 9 . )
5 74-62. - Repealed by Session Laws 1987, c. 827, s. 83, effective
August 13 , 1987.
1
S 74-63 . � Rules.
The Commission may adopt rules necessary to administer this
Article. (1971, c. 545, s. 18; 1973, c.. 1262, s. 33; C. 1331, s.
3; 1987,' c. 827, S . 84 . )
5 74-64. Penalties for violations.
(a) Civil Penalties .
(1) a. A civil penalty of not more than five thousand
dollars ($5, 000) may 'be assessed by the
Department against any person who fails to
secure a valid operating permit prior to
engaging in mining, as required by G.S. 74-50.
No civil penalty shall be assessed until the
operator has been given notice of the violation
pursuant to G.S. 74-60. Each day of a
continuing violation shall constitute a separate
violation and a civil penalty of not more than
five thousand dollars ($5, 000) per day may be
assessed for each day the violation continues.
b. Any permitted operator who violates any of the
provisions of this Article, any rules adopted
under this Article, or any of the terms and
conditions of the mining permit shall be subject
to a civil penalty of not more .than five hundred
dollars ($500 .00) . Each day'. of a continuing
violation shall constitute a separate violation.
Prior to the assessment of any civil penalty,
written notice of the violation shall be given.
The notice shall describe the violation with
reasonable particularity, shall specify a time
period reasonably calculated to permit the
violator to complete actions to correct the
violation, and shall state that failure to
correct the violation within that period may
result in the assessment of a civil penalty.
c. In determining the amount of the penalty, the
Department shall consider the degree and extent
of harm caused by the violation, the cost of
rectifying the damage, the ' amount of money the
violator saved by the noncompliance, whether the

. 17
rviolation was committed willfully, and the prior
record of the violator in complying or failing
to comply with this Article.
(2) The Department shall determine the amount of the civil
penalty to be assessed pursuant to G.S. 74-64 (a) (1) and
shall give notice to the operator of the assessment of
the civil penalty pursuant to G.S. 74-60, or by any
means authorized by G.S. IA-1, Rule 4 . The notice
shall set forth in detail the violation or violations
for which the civil penalty has been assessed. The
operator may appeal the assessment of any civil penalty
assessed pursuant to this section in accordance with
the procedures set forth. in G.S. 74-61.
(3) The notice of assessment shall direct the violator to
pay the assessment or contest the assessment as
provided in G.S. 74-61 . If the violator does not pay
the assessment within 30 days after receipt of the
notice of assessment or within 30 days after receipt of
the final agency decision, where the assessment has
been contested, the Department shall request the
Attorney General to institute a civil action in
superior court to recover the amount of the penalty.
A civil action under this section shall be filed -
within three years of the date the final agency
decision was served on the violator.
(4) All funds collected pursuant to this section shall be
credited.-to the General Fund as nontax revenue.
(5) In- . addition to other remedies, the Department may
request the Attorney General to institute any
appropriate action or proceedings to prevent, restrain,
correct or abate any violation of this Article or any
rules adopted under this Article, or the obstruction,
hampering, or interference with an authorized
representative of the Department while the
representative is carrying out official duties pursuant
to this Article.
Criminal Penalties -- In addition to other penalties provided by
this Article, any operator who engages in mining in willful
violation . of the provisions of this Article or of any rules
promulgated hereunder or who willfully misrepresents any fact in
any action taken pursuant to this Article or willfully gives false
information in any application or report required by this Article
shall be guilty of a Class 3 misdemeanor and, upon conviction
thereof, shall only be fined not less than one hundred dollars
($100. 00) nor more than one thousand dollars ($1, 000) for each
offense. Each day of continued violation after written
notification shall be considered a separate offense . (1971, c.
545, s . 19; 1979, c . 252, s. 2; 1981, c. 787, ss . 7, 8 ; 1987, c.
246, S . 1; c. 827, s. 85; 1989 (Reg. Sess. , 1990) , c. 1024, s. 16;
1993 , c . 539, s . 555 ; 1993 (Reg. Sess. , 1994) , c . 568, s. 10 . )

18 '
S 74-65. Effect on local zoning regulations.
No provision of this Article shall be construed to supersede or
otherwise affect or prevent the enforcement of any zoriing
regulation or ordinance duly adopted by an incorporated city or
county ' or by any agency or department of the State of North
Carolina, except insofar as a provision of said regulation or
ordinance is in direct conflict with this Article. (1971, c. 545,
s . 20 . )
S 74-66. Private relief against nuisance or hazard.
No provision of this Article shall be construed to restrict or
impair the right of any private or public person, association,
corporation, partnership, officer; or agency to bring any legal or
equitable action for redress against nuisances or hazards. (1971,
c. 545, ' s. 21-. )
6 74-670 Exemptions.
The provisions of this Article shall not apply to those
activities of the Department of Transportation, nor of any person,
firm, or corporation acting under .contract with said Department of
Transportation, on highway rights-of--way or borrow pits maintained
solely in connection with the construction, repair, and maintenance
of the public road systems of North Carolina; provided, that this
exemption shall not become effective- until the Department of
Transportation shall have adopted reclamation standards applying to
such activities and such standards have been approved by the Mining
Commission. The provisions of this Article shall not apply to
mining on federal lands under a valid permit from the U. S. Forest
Service or the U.S. Bureau of Land Management. (1971, c. 545, s.
22; 1973 , c. 507, s. 5; c. 1262, s. 33; 1977, c. 464 , s. 34. ?
8 74-68. Cooperation with other agencies;. contracts and grants.
The Department, with the approval of the Governor, and in order
to accomplish any of the purposes of the Department, may apply for,
accept, and expend grants from the federal government and its
agencies and from any foundation, corporation, association, or
individual; may enter into contracts relating to such grants; and
may comply with the terms, conditions, and limitations of any such
grant or contract . The Department may engage in such research as
may be appropriate to further its ability to accomplish its
purposes under this Article, and may contract for such research to
be done by others. The Department may cooperate with any federal,
state, or local government or agency, of this or any other state,
in mutual programs to improve the enforcement of this Article or to
accomplish its purposes more successfully. (1971, c. 545, s. 23 . )
§S 74-69 to 74-74 . Reserved for future codification purposes.
500 Copies of this public document were printed at a cost of $270.46 or $0.54 per copy. 5/2002
DEPARTKEW OF ENVIRM04EN T AND NATMAL RESOURCES
DIVISION of LAND RSSOVRCSS
IMD QURLITY SECTION
_._

NORTH CAROLINA ADMINISTRATIVE CODE
Title 15 A
s Department of Environment and Natural Resources
CHAPTER 5
MINING
-%4 S I ar
mod` ws
w
Division of Land Resources
Land Quality Section
1612 Mail Service Center
Raleigh, NC 27699-1612
Amended Effective November 1, 1994
-� North Carolina Mining Commission
Raleigh, North Carolina

EHNR - MINING: MINERAL RESOURCES T1 SA: 05 TOC - 1
NORTH CAROLINA ADMINISTRATIVE CODE
TITLE NSA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
CHAPTER 5
. MINING: MINERAL RESOURCES
SUBCHAPTER SA - ORGANIZATION AND ADMINISTRATION
SECTION .0100 - MINING CONIIV MON
.0101 NAME AND ADDRESS
.0102 GENERAL PURPOSES (REPEALED)
.0103 STRUCTURE (REPEALED)
SECTION .0200- ADMINISTRATION
.0201 DEPARTMENT NATURAL RESOURCES & COMMUNITY DEVELOPMENT (REPEALED)
.0202 DELEGATION
SUBCHAPTER 511 - PERMITTING AND REPORTING
.0001 PURPOSE (REPEALED)
.0002' ACTIVITIES REQUIRING PERMITS (REPEALED)
.0003 BONDING REQUIREMENTS
.0004 INFORMATION REQUIRED IN PEIMT APPLICATION
.0005 CONDITIONS WHICH MAY BE INCLUDED IN PERMIT
.0006 STANDARDS FOR DENYING AN APPLICATION
.0007 MODIFICATION OF MINING PERMIT (REPEALED)
.0008 RENEWAL OF MINING PERMTT (REPEALED)
.0009 STANDARDS/SUSPENDING OR REV01UNG/NIINTNG PERMIT (REPEALED)
.0010 MINING RECLAMATION REPORTS
.0011 PUBLIC HEARINGS
.0012 PERMIT APPLICATION PROCESSING FEES
.0013 RESPONSE DEADLINE TO DEPARTMENT'S REQUEST(S)
SUBCHAPTER SF- CPAL PENALTIES
.0001 PURPOSE AND SCOPE
.0002 DEFINITIONS
.0003 WHO MAY ASSESS
.0004 WHEN ASSESSABLE (REPEALED)
.0005 CIVIL PENALTY FOR MINING WITHOUT A PERMIT ,
.0006 CIVIL. PENALTY FOR VIOLATING OPERATING PERMIT
.0007 CRITERIA FOR DETERMINING AMOUNT OF PENALTY
.0008 ADMINISTRATIVE REMEDIES
.0009 HEARING PROCEDURES
.0010 TENDERS OF PAYMENT
.0011 REFERRAL TO ATTORNEY GENERAL
.0012 FURTHER REMMIES
NORTH CAROLINA ADMINISTRATIVE CODE 10124194

EHNR - MINING: MINERAL RESOURCES TISA: 05A .0100
CHAPTER 5- MINING: MINERAL RESOURCES
This Chapter 5 of Title 15A of the North Carolina Administrative Code (T15A.05); MINING: MINERAL
RESOURCES; has been transferred and recodified from Chapter 5 of Title 15 of the North Carolina
Administrative Code (T15.05), effective November 1, 1099. The recodification was pursuant to G.S.
• 143B-279.1.
SUBCHAPTER SA -ORGANIZATION AND ADMINISTRATION
SECTION .0100- MINING COMMISSION
.0101 NAME AND ADDRESS
The name of this agency shall be the North Carolina Mining Commission. Its address is Department of
Environment, Health, and Natural Resources, P.O. Box 27687, Raleigh, North Carolina 27611.
History Note. Statutory Authority G.S. 143B-290,
Fff Febna" 1, 1976;
Amended F . January 31, 1979,-
Readapted F . August 1, 1982;
Amended E$ April 1, 1990
.0102 GENERAL PURPOSES
History Note: Statutory Authority G.S. 74-38; 74-61; 744W. 74-86; 143B-290,
Fes. February 1, 1976; .
Readopted Ff... August 1, 1982,
Amended Fff. November 1, 1984;Decanber 1, 1983;
Repealed Fff. August 1, 1988.
.0103 STRUCTURE
History Note: Statutory Authority G.S. 143B-291;
Fff. February 1, 1976;
Readopted F - August 1, 1982;
Repealed Eff. Novpnber 1, 1984.
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EHNR - MINING: MINERAL RESOURCES TISA: USA .0200
SECTION .0200- ADMINISTRATION
.0201 DEPARTMENT.OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
• History Note: Statutory Authority G.S. 74-50 through 74-60; 74-64; 74-68, 74-77 through 74-85,• 74-87;
Eff. February 1, 1976;
Readopted F .. August 1, 1982;
4 Amended Fff. December 1, 1983,
Repealed F,f: November 1, 1984.
.0202 DELEGATION
(a) The Director, Division of Land Resources, Department of Environment, Health, and Natural Resources,
shall have the following powers and duties with regard to the administration of the Mining Act of 1971:
(1) the issuance, denial, modification, renewal, suspension and revocation of permits;
(2) the approval of reclamation plans;
(3) the initiation of forfeiture proceedings;
(4) the giving of notices, setting of hearings and taking of action upon findings of violations; and
(5) the institution of all criminal and civil actions.
(b) The Director,Division of Land Resources,Department of Environment,Health, and Natural Resources,
shall have the following powers and duties with regard to the administration of the Control of Exploration for
Uranium in North Carolina Act of 1983:
(1) the issuance, denial, modification, renewal, suspension and revocation of permits;
(2) the initiation and approval of the abandonment of affected land;
(3) the inspection and approval of the abandonment of affected land;
(4) the giving of notices, setting of hearings, and taking of action upon findings of violations; and
(5) the institution of all criminal and civil actions.
History Note: Statutory Authority G.S. 74-50 through 74-53, 74-56 to 74-59. 74-77 through 74-85, 74-87;
143B-290,
Ff February 1, 1976,
Amended F . January 31, 1979;September 3, 1976,-
Readopted Eff. August 1, 1982;
Amended F�(f. April 1. 1990;December 1, 1983.
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EHNR - MINING: MINERAL RESOURCES Tl SA: OSB .0000
SUBCHAPTER 5B - PERMITTING AND REPORTING
.0001 PURPOSE
.0002 ACTIVITIES REQUIRING PERMITS
a
History Note. Statutory Authority G.S. 74-30; 74-63. 74-67;143B-290(1)(d);
Eff. February 1, 1976;
t. A►vended Fff. January 31, 1979;
Repealed Eff. November 1, 1M.
.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 is 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 away 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.
(e) 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 rewired bond
amount. After considering the estimate and the recommendations provided by his staff, the Director shall
notify the applicant or permittoe 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 .00 4(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 arse 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 fled 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 ($5W,000):
(1) the applicant or permiam with separate bonds may substitute a five hundred thousand dollar
($51)0,000)blanket bond to be used for all future sites, or
(2) the applicant or permittee with the five hundred thousand dollar ($500,000)blanket bond covering
all sites, may use that blanket bond for all future sites,
if the Director finds that the applicant or permittee, in either ease, 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 sha11 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 Staie 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 Q.S. 74-59. For the purposes of this Rule, a bond shall include any and all types of
NORTH CAROLINA ADMINISTRATIVE CODE 10124194 Page 1

EHNR - MINING: MINERAL RESOURCES TISA: OSH .0000
security allowed under G.S. 74-54.
History Nate: Statutory Authority G.S. 74-31; 74-54; 14.7B-290,
February 1, 1976;
Amended Fff. January 1, 1994; Aprl1 1, 1990; Novernber 1, 1985; Novpnber 1, 1984.
.0004 INFORMATION REQUIRED IN PERMIT APPLICATION
(a) The completed application for the mining permit shall include information concerning time 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 mute, 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;
(8) 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;
(3) intended methods to prevent or eliminate conditions hazardous to animal or fish life in or adjacent
to the affected areas;
(4) intended methods of rehabilitation of settling ponds;
(5) intended methods of restoration or establishment of stream channels and stream.beds to a condition
miniat. . g erosion, siltation and other pollution,;
(6) intended measures to stabilize slopes;
('7) intended measures to provide for safety to persons and adjoining property in excavation in rock;
(8) intended measures of disposal of mining refuse and control of contaminants;
(9) provisions to prevent collection of noxious,odious or foul water in mined areas;
(10) plan for revegetation and reforestation or other surfaace treatment of the affected areas which plan
trust be approved in writing by one of the following prior to submission of the application:
(A) Authorized representatives of the local soil and water conservation district having jurisdiction
over lands in question;
(B) Authorized representatives of the division of fotest resources, Department of Environment,
Health, and Natural Resources;
(C) County agricultural extension chairmen or research and extension personnel headquartered 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, Department of
Environment, Health, and Natural Resources;
(F) Others as may be approved by the department; Provided that areas expected to be in use beyond
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EHNR - MINING: MINERAL RESOURCES WA: 05B .0000
the maximum permissible permit period, such as processing plants or stockpiles, do .not require
a specific revegetation plan;
(11) time schedule of reclamation that provides that reclamation activities be conducted simultaneously
with mining operations whenever feasible and in any event be initiated at the earliest practicable
time after completion or termination of mining on any segment and completed within two years.
(c) In addition to the application form,the operator shall also submit two copies of a county map showing
the mine location and two copies of a mine map. Mine maps should be accurate drawings, aerial photographs
or enlarged topographic Wraps of the mine area and must clearly show the following:
(1) property lines or affected area of mining operation;
(2) outline of pits;
(3) outline of stockpile areas;
(4) outline.of overburden disposal areas;
(5) location of processing plants (Processing plants may be described as to location and distance from
mine if sufficiently far removed.);
(6) location and name of streams and takes;
(7) outline of settling ponds;
(8) location of access roads;
(9) map legend:
(A) name of company,
(B) name of mine,
(C) north arrow,
(D) county,
(E) scale,
(F) doe prepared,
(0) name and title of person preparing map; and
(10) names of owners of record, both public and private, of all adjoining land.
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 reclamation.
(d) An application for a mining permit shall include:
(1) The name and address of all known owners, both private and public of all land'adjoining the
proposed mining site as determined by a diligent search of the tax records or other sources of
information about property ownership in a manner reasonable calculated to identify the owners of
all adjoining land and approved by the department. The proposed mining site means all land to
be included within the proposed permitted area;
(2) The name of the chief administrative officer of the county or municipality in which the proposed
mining site is located together with the officer's mailing address; and
(3) Proof satisfactory to the department that the applicant has made a reasonable effort to notify all
owners of record of all adjoining land and the chief administrative officer of the county or
municipality of the pending application. Proof satisfactory to the department shall include an
affidavit by the applicant that he has caused a notice of the pending application to be sent by
certified or registered mail to all known adjoining owners and to the chief administrative officer
of the county or municipality. Other means of notice shall be satisfactory if approved in advance
by the department.
History Note: Statutory Authority G.S. 74-63; 74-51; 74-53;
February 1, 1976,
Amended Fff. April 1, 1990;May 1, 1982, Septernber 1. 1979,January 31, 1979
.0005 CONDITIONS WHICH MAY BE INCLUDED IN PERMIT
To assure that the operation will comply fully with the requirements and objectives of the Mining Act of
1971, the director may approve an application or reclamation plan subject to certain conditions. Such
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SHNR -MINING. MINERAL RESOURCES T15A: 05D .0000
conditions of application approval may include:
(1) additional erosion control measures to be installed during the mining operation;
(2) a natural buffer to be left between any stream and the affected land;
(3) visual screening such as existing natural vegetation, vegetated earthen berms, tree plantings at
staggered spacing, etc. to be installed and maintained as feasible between any affected land and any
adjoining property containing occupied buildings or public access within view of the affected land;
(4) erosion control measures to be taken during the construction.and operation of all haul roads or access
roads to minimize off-site damage from sediment;
(5) other conditions necessary to safeguard the adjacent surface resources or wildlife.
l
History Note: Statutory Authority G.S. 74-63; 74-51;
February 1. 1976.-
Amended F8: May 1, 1992,November 1, 1984.
.0006 STANDARDS FOR DENYING AN APPLICATION
An application for a mining permit including new permits, modified permits and renewal permits, may be
denied when the operation will have an unduly adverse effect on wildlife or fisheries by:
(1) substantial siltation of streams or lake beds, increasing the average water temperature of adjacent
waterways to a temperature detrimental to the pre-existing aquatic wildlife; or
(2) other conditions designated by the North Carolina Wildlife Resources Commission as being unduly
detrimental to wildlife.
History Note: Skuwory Authority G.S. 74-51; 74-58; 74-63,
Eff. February 1, 1976;
Amended Eff. November 1, 1984.
.0007 MODIFICATION OF MINING PERMIT
.0008 RENEWAL OF MUQNG PERMIT
.0009 STANDARDS FOR SUSPENDING OR REVOKING A MINING PERMIT
History Note: Statutory Authority G.S. 74-52; 74-57; 74-58,-
February 1. 1976;
Repealed�' November 1, 1984.
.0010 M 41NG RECLAMATION REPORTS
Thee+ mine operator shall, by February 1 of each year during the life of the permitted operation, and within
30 days of completion or termination of mining on an area under permit, file with the department a mining
reclamation report on a form prescribed by the department.
History Note. Statutory Authority G.S. 74-55, 143B-290,
F,,(j: March 30, 197&
Amended Ff. November 1, 1984.
.0011 PUBLIC HEARINGS
(a) If the department determines that there exists a significam public interest in an application for a new
mining permit, the director shall appoint a hearing officer to conduct a public hearing on the application which
shall be held no sooner than 20 or later than 60 days of the filing of the application and before the department
makes its final decision regarding the application.
(b) At least ten days prior to the public hearing, the department shall publish notice thereof in a newspaper
of general circulation in the county in which the proposed mine is located. The department may also give
notice to the public by other means. In addition, the department shall cause written notice of the hearing to
be sent by certified or registered mail to the appUcant and to the known owners of all adjoining land.
(c) Any person may appear at the public heating and give oral or written comments on the proposed
application. The hearing officer may impose reasonable limitations on the length of time that any person may
speak and may summarize comments rather than recording them in full. The hearing officer may allow
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additional written comments to be submitted after the hearing within a period of time he deems appropriate
which shall not exceed ten days.
(d) Within ten days after the hearing or time for additional comment, the hearing officer shall prepare a
written report.summarizing the comments that were submitted regarding the application. The report shall
include copies of all written comments that were submitted. Copies of the report shall be made available to
the applicant or members of the public upon request. The department shall give full consideration to all
comments contained in the hearing record in making its final determination on the application.
History Note: Statutory Authority G.S. 74.51; 74-0
Eff.. May 1, 198Z
ti
.0012 PERMIT APPLICATION PROCESSING FEES
(a) A non-refundable permit application processing fee, in the amounts stated in Paragraphs (b), (c) and(d)
of this Rule, shall be paid when an application for a new mining permit, a permit modification or a renewal
permit, is filed in accordance with O.S. 74-51 or G.S. 74-52 and 15A NCAC 5B .0003, .0004, and .0005.
(b) A non-refundable fifty dollar ($50.00) permit application processing fee is required for minor permit
modifications. Minor permit modifications include administrative changes such as ownership transfers, name
changes, and bond substitutions. A minor permit modification also includes lands added to a permitted area,
outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of
the added lands have been approved. All other changes to the permit are major modifications. No fee is
required for administrative changes initiated by the Director to correct processing errors, to change permit
conditions or to implement new standards.
(c) A non-refundable fifty dollar($50.00)permit application processing fee is required for permit renewal
of an inactive site, provided that any previously disturbed areas have been reclaimed in a manner acceptable
to the Department. Once renewed, prior to initiating any mining related disturbance, an application for a
major modification and a processing fee shall be submitted to and approved by the Department. For purposes
of this Paragrapb, and notwithstanding Paragraph (d)of this Rule, the acreage for a major modification shall
be the total acreage at the site. All other modifications to the renewed permit shall be governed by Paragraphs
(b) and (d) of this Rule.
(d) For the purposes of this Rule, acres for new permits and renewal permits means the total acreage at the
site; and acres for major modification of permits means that area of land affected by the modification within
the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area,
or both. Each permit application shall be deemed incomplete until the permit application processing fee is
paid. Schedule of Fees:
MAJOR
TYPE ACRES NEW PERMIT MODIFICATION RENEWAL
CLAY 1 but less $ 500 $ 250 $ 250
than 25
25 but less 1000 3W 500
than 50
50 or more 1500 500 500
SAND & 1 but less 150 100 100
GRAVEL, than 5
GEMSTONE 5 but less 250 100 100
AND than 25
BORROW 25 but less 5W 250 500
PITS than 50
` 50 or more 1000 500 500
QUARRY, 1 but less 250 100 100
INDUSTRIAL than 10
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am
MWERALS, 10 but leas 1000 250 500
DIMENSION than 25
STONE 25 but less 1500 500 500
than 50
50 or more 2500 5t10 500
PEAT & 1 or more 2500 500 500
PHOSPHATE
GOLD (HEAP 1 or more 2500 500 500 .
LEACH
TITANIUM &
OTHERS
(e) Payment of the permit application processing fee shall be by check or money order made payable to the
"N.C. Department of Environment, Health, and Natural Resources". The payment shalt refer to the new
permit, permit modification or permit renewal.
(f) In order'to comply with the limit on fees set forth in G.S. 1438-290(4)b,the Director shall, in the first
half of each state fiscal year, project revenues for the fiscal year from fees collected pursuant to this Rule.
If this projection shows that the statutory limit will be exceeded, the Director shall order a pro rasa reduction
in the fee schedule for the remainder of the fiscal year to avoid revenue collection in excess of the statutory
limits.
History Note: Filed as a Temporary Ruk Eff. November 1, 1990,for a Period of 180 Days to Expire on
April29, 1991;
Statutory Authority G.S. 143B290;
ARRC Objection Lodged November 14. 1990,
ARRC Objection Removed December 20, 19910;
Ff: January 1, 1991;
Amended Ec$. December 1, 1991.
.0013 RESPONSE DEADLINE TO DEPARTMENT'S REQUEST(S)
An applicant or permittee shall submit to the Department supplemental information regarding an application
for a new permit, modified permit, or permit renewal within 190 days after the date of receipt of the
Department's written request(s) for such information. Upon written request of the applicant or permittee to
the Director, an additional reasonable specified period of time not to exceed one year shall be granted upon
determinations of good cause by the Director. Additional time may be granted by the Mining Commission,
provided written request is made by the applicant or permittee before the expiration of the one-year period.
History Note: Statutory Authority G.S. 74-31; 74-52; 74-63; 143B-290,
RRC Objection Fff. September 15, 1994 due to lack of statutory authority;
November 1, 1994.
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SUBCHAPTER 5F- CIVIL PENALTIES
.0001 PURPOSE AND SCOPE
These Rules set forth the procedures and standards to be followed by the director in assessing civil penalties
and by the Mining Commission in hearing appeals from the assessment of such penalties.
History Note: Statutory Authority G.S. 74-61; 74-62; 74-63; 74-64; 143B-10;
May 1. 1982,
Amended Eff. November 1. 1984.
.0002 DEFINITIONS
The terms used herein shall be as defined in G.S. 74-49 as follows:
(1) "Director" means the Director, Division of Land Resources;
(2) "Regional Engineer% means any regional engineer of the Land Quality Section, Division of Land
Resources; and
(3) "Mining Commission", means that body created by N.C.G,S. 14313-290.
History Note. Statutory Authority G.S. 74-61; 74-62; 74-63; 74-&, 143B-10;
F . May 1, 1982.
.0003 WHO MAY ASSESS
Civil penalties may be assessed by the director.
History Note: Statutory Authority G.S. 74-61; 74-62, 74-63; 74-64; 143B-10,
Fff May 1, 1982.
.0004 WHEN ASSESSABLE
History Note: Statutory Authority G.S. 74-61; 74-62; 74-63; 74-64; 143B-IO.
May 1. 1981;
Repeated Eff. November 1, 1984.
.0005 CPAL PENALTY FOR MINING WITHOUT A PERMIT
(a) Prior to the assessment of any civil penalty for mining without a permit, the alleged violator shall be
given.notice by registered or certified mail, return receipt requested, signed by the regional engineer in the
region in which the violation occurred. The notice shall describe the violation with reasonable particularity,
order the violator immediately to cease mining until a valid operating permit has been obtained, and specify
a time period reasonably calculated to permit the restoration of any disturbed area as deemed necessary by
the regional engineer. The notice shall also state that a civil penalty may be assessed for any violation.
(b) In determining whether to assess a civil penalty for any violation committed prior or subsequent to
receipt of the notice of violation,the director shall consider whether the violator ceased mining, restored the
affected area, or otherwise complied with the requirements of the notice of violation and shall also consider
the various criteria in Rule SF .0007. The civil penalty assessment shall specify with reasonable particularity
the violation(s) for which the penalty has been assessed and shall be transmitted to the violator by certified
or registered mail, return receipt requested.
History Note: Statutory Authority G.S. 74-60; 74-61; 74-63, 74-64; 143E-10;
F . May 1, 1982,
Amended Eff. December 1, 1988,November 1, 1984.
.0006 CIVIL PENALTY FOR VIOLATING OPERATING PERMIT
(a) Prior to the assessment of a civil penalty against a permitted operator for violating any provisions of the
Mining Act of 1971,or any rules promulgated thereunder,or any conditions of his mining permit,the alleged
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EHNR -MINING. MINERAL RESOURCES 77SA: 05F.0000
violator or his agent shall be given notice by registered or certified mail, return receipt requested, signed by
the director. The notice shall describe the violation with reasonable particularity and specify a time period
reasonably calculated to permit the violator to correct the violation. The notice shall also state that civil
penalties may be assessed against the alleged violator if he fails to correct the violation within the specified
time.
(b) if the violator does not comply with the requirements of the notice of violation within the time period
specified in the notice, the director may assess a civil penalty for any violation(s) committed after the date of
receipt of the notice of violation. The civil penalty assessment shall specify with reasonable particularity the
violations) for which the penalty has been assessed and shall be transmitted to the violator by certified or
registered mail, return receipt requested.
History Note: Statutory Authority G.S. 74-M 74-61, 74-67, 74-63; 74-64; 143B-10,
Fff. May 1, 1982,
Amended Eff. November 1, 1984.
.0007 CRITERIA FOR DETERMINING AMOUNT OF PENALTY
In determining the amount of a civil penalty assessment, the director shall consider the following criteria
insofar as they are appropriate to the violation:
(1) nature of the violation;
(2) degree and extent of the harm, including off-site damage;
(3) duration of the violation;
(4) cause of the violation;
(S) cost of compliance and rectifying any harm or damage;
(6) violator's previous record of compliance with the Mining Act, or any rules promulgated thereunder,
or any mining permit issued to the violator;
(7) staff investigative costs; and
(8) effectiveness of any action taken by the operator.
History Note: Statutory Authority G.S. 74-61; 74-62; 74-63; 74-64; 143B-10;
F,ff. May 1, 1982.
.0009 ADMINISTRATIVE REMEDIES
Within 60 days after receipt of notification of any civil penalty assessment, the person against whom the civil
penalty is assessed may contest the decision of the department by filing a petition as described in G.S. 74-61
and a.S. 1SOB-23.
History Note: Statutory Authority G.S. 74-61; 74-62, 74-63; 74-64, 143E-10;
May 1, 1982.-
Amended Fff. August 1, 1988.
.0009 HEARING PROCEDURES
(a) The final decision for purposes of judicial review under O.S. 74-61 shall be made by a majority vote
of a quorum of the Mining Commission.
(b) All hearings shall be conducted in accordance with the departmental hearing procedures in 15A NCAC
1B .0200 et seq., and Chapter MB of the General Statutes.
History Note. Statutory Authority G.S. 74-61; 74-62; 74-0, 143B-10;1 SOB-23;
Fff. May 1, 1982,-
Amended Eff. August 1, 1988.
.0010 TENDERS OF PAYMENT `
The director shall accept and acknowledge all tenders of payment.
History Note: Statutory Authority G.S. 74-61; 74-62, 74-63, 74-64, 143B-l0;
F. May 1, 198E
NORTH CAROLINA ADMINISTRATIVE CODE 11108191 Page 2

EHNR- MINING: MINERAL RESOURCES TISA: 05F.0000
.0011 REFERRAL TO ATTORNEY GENERAL
(a) If the person against whom a civil penalty is assessed, fails to respond within 60 days as provided in Rule
.0008, the director shall refer the matter to the Attorney General to recover the amount of the civil penalty.
(b) If payment of any civil penalty assessed pursuant to the rules of this Subchapter is not received by the
director within 30 days following denial of any appeal pursuant to G. S. 74-61 and G. S. 74-62, the director
shall refer the matter to the Attorney General to recover the amount of the civil penalty.
+ History Note; Statutory Authority G.S. 74-61; 74-62; 74-63; 74-64; 143B-10;
Ef. May 1, 1982.
.0012 FURTHER REMEDIES
No provision of this Subchapter shall be construed to restrict or impair the right of the director or the Mining
Commission to pursue any other remedy provided by law for violations of the Mining Act of 1971 or the rules
of this Chapter.
History Note: Statutory Authority G.S. 74-61; 74-62; 74-63; 74-64; 143B-10;
Eff. May 1, 1982.
i
310)copies of this public document were printed at a cost of 5152.44 or s.51 per cop).(8/2007)
DEPARTNTEAN'T'OI:CNVIRUNNIEN'I',ANO NATURAL RESOURCES
DIVISION'OF l iA'U RESOURCES
LAND 01.1ALITY SF(:CON
NORTH CAROLINA ADMINISTRATIVE CODE 11108191 Page 3

r'
f'h
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons,P.G., P.E. - I , Michael F. Easley, Govemor
Director and State Geologist April 29, 2008 William G.Ross Jr.,Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5297
Andrew Rogers
PO Box 105
Shallotte NC 28459
RE: F and R Development Inc. --- Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Andrew Rogers:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts top—roperty values, G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincer ly,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699.1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

+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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5259
Harald & Dixie Neidert
PO Box 333
Jim Thorpe PA 18229
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Harald & Dixie Neidert:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699.1612 - 919-733-4574/FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina,27604

AffiAt,.....� I11A
NCDENR
North Carolina Department of Environmbnt 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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL ,
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5389
aro Neidert
Box 33
Jim Thorpe PA 18229
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Harold Neidert:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you Have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Claris
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina,27604

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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001E 5982 5600
u is Fullwood
1150 Cedar Grove Road SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Curtis Fuliwood:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604

AG4*9A
RCDENR
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 071€3 0001 5982 5136
Cordell Fullwood
1975 Cordis Trail SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Cordell Fullwood:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clar
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699=1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

r
A'
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 29, 2008 William G.Ross Jr.,Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5105
Norman & Claire Carlton
14976 NC Hwy 8
Lexington NC 27292
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Norman & Claire Carlton:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have 'urisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
l
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina,27604

N[DENR
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. (:toss Jr.,Secretary
MEMORANDUM
TO: Dr. Kenneth Taylor
r'
FROM: James D. Simons
Director, Division of Land Resources
DATE: May 9, 2008
RE: Public Hearing
F & R Development, Inc. — F & R Development Mine Modification
Brunswick County
The Land Quality Section has received significant public interest relative to a mining permit
Modification application filed by F & R Development, Inc. I have determined that a public
hearing is warranted. Thus, I am requesting your assistance in performing the duties as
hearing officer. Ms. Chastity Clark, Assistant State Mining Specialist, will be in touch with you"
to work out any questions you may have.
Please find enclosed copies of the Public Notice concerning the hearing and the Public
Hearing Format. Your cooperation in this matter is greatly appreciated.
J DS/fw/cc
Enclosures
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4a74 I FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

On a Positive Note...
i
I ;
I The Department of Environment and Natural
Resources believes in Recognizing Excellence
3

A,' FA
NCDENR
North Carolina Department of Environment and Natural-Resources
Division of Land Resources
Land Quality Section
,lames D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
April 30, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5013
Mr. Ricky Parker
President/Owner
F and R Development Inc.
2011 Elk Road SW Suite 1, Live Oak Center
Supply, NC 28462
RE: F and R Development Inc.
Modification to expand Mining Permit 10-45 (F and R Development Mine) located
off SR 1119 (Stanley Road SW)
Brunswick County
Lumber River Basin
Dear Mr, Parker:
The Director of the Division of Land Resources has determined that significant public
interest surrounds your application to expand mining permit No. 10-45. He has authorized a
public hearing to be held on the matter. Enclosed is a copy of the Public Notice for your
review.
Please call me at [phone] if you or representatives of F and R Development Inc.
plan to attend and if a short presentation is planned. Your.continued cooperation is
appreciated.
Sincerely.
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosure
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina, 27604

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Qualm Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist April 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5020
Robert Mims
271 Stubby Oaks Road
Aberdeen NC 28315
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Robert Mims:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 91 D-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic noise and potential impacts to propeoy values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastlty Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan'Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina,27604

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 29, 2008 William G, Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5037
Sam D Bernard, Jr
1060 Cedar Grove Road SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County- Lumber River Basin
Dear Sam D Bernard, Jr:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public nearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.:'910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic noise and potential impacts to property values. G.S.,74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clar\`J�\
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 f FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 a710 0001 5962 5044
James & joann Brown
310 Ferst Avenue
Belmont NC 28012
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County- Lumber River Basin
Dear James & Joann Brown:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a minting permit. Please note that the Act does not have jurisdiction over
offsite truck traffic noise and potential impacts to PropeMLvalues. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Cla
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

A14
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 Stale Geologist April 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5051
Eva & Shelby Bryant
1210 Bryant Way SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County- Lumber River Basin
Dear Eva & Shelby Bryant:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office'and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to Property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-73345741 FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina,27604

i s
ALTO
•1� h
WCDENR
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5068
Harry & Doris Ann Bryant
1165 Cross Road
Roper NC 27970
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Harry & Doris Ann Bryant:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,C
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina, 27604

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons,P.G., P.E. Michael R Easley, Governor
Director and State Geologist April 29, 2008 William G.Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5075
James & Emma Bryant
180 Randolphvilie Road
Bolivia NC 28422
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear James & Emma Bryant:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
r
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina,27604

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 29, 2008 William G. Ross Jr„Secretary
CERTIFIED MAIL
RETURN RECEIPT RE UESTED
7007 0710 0001 5982 5082
John Bryant, Jr
PO Box 196
Bolivia NC 28422
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear John Bryant, Jr:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have lurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clar
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 t FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina,27604

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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5099
Esther Lee Bush
213 Meadow Lane East
Hubert NC 28539
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Esther Lee Bush:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to j2ropeM values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
incerely,
Chastity Clar
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5105
Norman & Claire Carlton
14976 NC Hwy 8
Lexington NC 27292
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Norman & Claire Carlton:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the department in making its
decision to grant or deny a mining permit_ Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574/FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina,27604

A�
iA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
.dames D. Simons, P.G., P.E. Michael F.Easley,Governor
Director and State Geologist April 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5112
Kenneth & Louise Cruthis
7000 Windcreek Court
High Point NC 27263
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Kenneth & Louise Cruthis:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny.a mining permit. Please note that the Act does not have iurisdiction over
offsite truck traffic noise and otential impacts to RropqM values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574/FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina, 27604

A7iA.
WDENR
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5129
Kenneth & Thelma Cruthis
3777 Grey Drive
Sophia NC 27350
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Kenneth & Thelma Cruthis:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic,noise, and potential, impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574!FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604

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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5136
Cordell Fullwood
1975 Cordis Trail SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Cordell Fullwood:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely e
Chastity Clar
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604

A F.KWA
7,ZA.
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5143
Emerson & Curtis Fullwood
1194 Cedar Grove Road
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Emerson & Curtis Fullwood:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr, Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clar
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina, 27604

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 29, 2008 William G.Ross Jr.,Secretary
CERTIFIED MAIL
RETURN RECEIPT RE UESTED
7007 0710 0001 5982 5167
James Fullwood
2521 Old Ocean Hwy E
Bolivia NC 28422
RE: F and R Development: Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear James Fullwood:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
r C�
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, F .G., P.E. Michael F. Easley, Governor
Director and State Geologist April 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5150
Lloyd & Gerthel Fullwood
1721 Grissett Road NW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Lloyd & Gerthel Fullwood:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office(phone no.: 910-796-7215, contact: Mr, Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have 'urisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's .
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina,27604

���
RCDENR
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5174
Edie Marcelia Gause
616 Seaside Road
Sunset Beach NC 28468
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Edie Marcelia Gause:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grantor deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT RE UESTED
7007 0710 0001 5982 5181
Mark Holden
1471 Pine Tree Circle
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Mark Holden:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the slate, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office'(phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to Property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 1 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604

LA
WA7DENK
�
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, Govemor
Director and State Geologist April 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT BEQUESTED
7007 0710 0001 5982 5198
Carmen L & Nelda C Lane
PO Box 1430
Cary NC 27512
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County- Lumber River Basin
Dear Carmen L & Nelda C Lane:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic noise and potential im acts to eroperty values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity�Ctark �
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604

NCDENK
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 11710 0001 5982 5204
Steve Stone
PO BOX 249
Bolivia NC 28422
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Steve Stone:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and j2otential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity%Cla
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

NCDENR
North Carolina Department'af 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 29, 2008 William G• Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5211
Ralph Leroy Bates
2753 Cartwright Road
Booneville NC 27011
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Ralph Leroy Bates:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., RE. Michael F. Easley, Governor
Director and State Geologist April 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5228
Curtis Bernard
1387 Morgan Road SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Curtis Bernard:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denim criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 2769R-1612 • 919-733-4574 i FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604

� A
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT„REQUESTED
7007 0710 0001 5982 5235
Steve Allen Nichols II
1721 Green Pine Drive SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located.off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Steve Allen Nichols II:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office'(phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Acts
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely, C
Ali
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 f FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

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 29, 2008 William G. Ross Jr.,Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 4710 0001 5982 5242
David & Lucy Pope
2112 Stallings Road
Matthews NC 28105
RE: i= and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear David & Lucy Pope:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review,
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be.considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Cla?k
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina,27604

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 29, 2008 William G. Ross Jr.,Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0091 5982 5259
Harald & Dixie Neidert
PO Box 333
Jim Thorpe PA 18229
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Harald & Dixie Neidert:
. The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 91 a-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
�.�'
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina, 27604

A101in
X..
NCDENtt
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5266
Jacky & Kendra Puryear
7769 Virgilina Road
Roxboro NC 27573
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Jacky & Kendra Puryear:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review,
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning Ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerel ,
F
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
M. Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-73345741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina,27604

Anm .
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,Govemor
Director and State Geologist April 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5273
Shirley C Richard
1285 Shoal Road
Lincolnton NC 28092
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Shirley C Richard:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant'to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to_imperty values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clar
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
CC' Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-.1612 - 919-733-4574 I FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604

All �
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710^0001 598E 5280
Schryle Lynn Richards
242 Martin Field Land
Bonneau SC 29431
RE: F and R Development Inc, — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Schryle Lynn Richards:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clar
Assistant State Mining Specialist
Land Quality Section
Enclosures_ Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina, 27604

AF
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5297
Andrew Rogers
PO Box 105
Shallotte NC 28459
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Andrew Rogers:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have murisdiction over
offsIte truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Acts
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sinter ly,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina, 27604

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael R Easley, Governor
Director and State Geologist April 29, 2008 William G. Ross Jr,, Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5952 5303
Michael & Amy Sharpe
5333 Swepsonville
Graham NC ' 27253
RE: F and R Development Inc. — Modification to expand Mining Permit 1045 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Michael & Amy Sharpe:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy.of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have iurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated,
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

AM'
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, Govemor
Director and State Geologist April 29, 2008 William G. Ross Jr.,Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5327 _
Vernon & Penny Stephens
322 Dameren Street
Eden NC 27288
RE: .F and R Development Inc. — Modification to expand Mining Kermit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Vernon & Penny Stephens:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in malting its
decision to grant or deny a mining permit. Please note that the Act does not have lurisdiction over
offsite truck traffic noise and Rotential im acts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604

ALjr-
0
�
�AMENEEMENEW
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5334
George & Marilyn Swain
210 Varamtown Road
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear George & Marilyn Swain:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have iuri,sdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clar
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina, 27604

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, Govemor
Director and State Geologist April 29, 2008 William G. Ross Jr., Secretary.
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 595E 5341
Michael & Karen Taylor
PO Box 152
Iron Station NC 28080
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Michael & Karen Taylor:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the raining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. .Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have iurisdiction over
offsite truck traffic noise and otentiail impacts to j2ro2erty values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
S ncerely,
r
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Wearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604

�A
'M��
NCDENR
j 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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5358
Van & Frances Warren
1875 East Sea Aire Canal SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Van & Frances Warren:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by'the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic noise and patential impacts to property values. G.S. 74-65 explains the Acts_
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
C C;
S
Chastity
Clark'
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5365
attie H Williams
1764 Percy Place Circle SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Mattie H Williams:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G:S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have Jurisdiction over
offsite truck traffic noise and potential impacts to projRerty values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

I A
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5372
eraidine & Jack Wood
129 Riley Road
Dallas NC 28034
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Geraldine & Jack Wood:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing .
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574! FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

A*A
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 07110 0001 5982 5389
5 )Id Neidert
Box 33
Jim Thorpe PA 18229
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Harold Neidert:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 fists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
,lames D. Simons,P.G., F.E. Michael F.Easley,Govemor
Director and State Geologist April 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 598E 5396
Joseph &Alice Lane
3247 Holden Beach Road SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Joseph & Alice Lane:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding-maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-798-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S.74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Claris
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina, 27604

Ad' A
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5402
James & Betty Koyt
3121 Fall Street SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear James & Betty Koyt:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have Wrisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5419
William & Texie Inscore
3402 Inscore Drive
Hamptonville NC 27020
RE: F and R Development Inc. -- Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear William & Texie Inscore:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr, Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have iurisdiction over
offsite truck traffic, noise, and potential impacts to property values, G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, Nohh Carolina, 27604

AA�A
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5426
Reeds Hargrove
1210 Bryant Way SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Reeds Hargrove:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing,
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit.. Please note that the Act does not have iurisdiction over
offsite truck traffic, noise: and potential impacts_to_property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
,lames D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist April 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5433
Harry L Bryant
1230 Bryant Way SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Harry L Bryant:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: . Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604

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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5440
e by Bryant
1220 Bryant Way SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Shelby Bryant:
The Division of Land Resources-has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted, Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604

FIFAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael R Easley, Governor
Director and State GeoNist April 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL.
RETURN RECEIPT RE UESTED
7007 0710 0001 5982 5457
Joseph A Bryant
1757 Stanley Road SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Joseph A Bryant:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have iurisdiction over
offsite truck traffic, noise, and potential impacts to prgm!y values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

AL7V,0-KL)h
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTEn
7007 0710 0001 5982 5464
Carl N Reaves
1012 Cedar Grove Road Sw
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Carl N Reaves:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
CC'. Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
Jaynes D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist April 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5471
Cynthia Stevenson
669 Cedar Grove Road SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Cynthia Stevenson:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have 'urisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
C v \`
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574! FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5488
Addie P Bryant
682 Cedar Grove Road SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Addie P Bryant:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / FAX: [phone]
512 North Salisbury Street Raleigh,North Carolina, 27604

�4�
NCDENR
North Carolina Department of Environment and Natural Resources
i Division of Land Resources
Land Quality Section
James D:Simons, P.G., P.E. Michael R Easley, Governor
Director and State Geologist April 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 598E 5495
Ellis & Irma Bryant
180 Randolphville Road NE
Bolivia NC 28422
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Ellis & Irma Bryant:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice fisting
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clary
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

"A f'A
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 29, 2008 William G. Boss Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5501
arshal Gause
135 McMillg Road
Shallotte NC .28470
RE: F and R Development Inc. -- Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Marshal Gause:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing_
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have lurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574/FAX, 919-733-2876
512 North Salisbury Street,Raleigh,North Carolina,27604

YF
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5516
atsy Vereen
PO Box 6293
Ocean Isle Beach NC 28469
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Patsy Vereen:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to prope values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Claris
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina,27604

NWENR
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5525
Elizabeth Jenrette
7490 Ocean Highway W
Sunset Beach NC 28468
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Elizabeth Jenrette:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-795-7215, contact: Mr. Dare
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 1 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina,27604

Q
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
,lames D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist April 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5532
George Gause
679 Seaside Road SW
Ocean Isle Beach NC 28469
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear George Gause:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have iurisdiction over
offsite truck tra_ffic._noiseiand 12otential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina,27604

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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5549
Viola Smith
685 Seaside Road SW
Ocean Isle Beach NC 28469
RE: F and R Development Inc. -- Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Viola Smith:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
CC'. Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina,27604

A
A&*
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5556
Bob Core
1737 Turkey Trap Road SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Bob Core:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice fisting
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential-impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REgUESTED
7007 0710 0001 5982 5563
Eva M Bryant
1210 Bryant Way SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Eva M Bryant:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

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 29, 2008 William G. Ross Jr.,Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5570
Lillie M Mercer
1722 R E Gore Drive S
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Lillie M Mercer:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733.45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

A7mA.
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
Oirector and State Geologist April 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
4 7UG7 0710 0001 5982 5587
Evelyn S Johnson
2480 Floyd Drive SW
Shallotte NC 28470
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Evelyn S Johnson:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, andpotential impacts to property values. G.S. 74-65 explains the Act's
effect on-local zoning ordinances.
Please contact this office if you have any question's. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina, 27604

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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5594
yne a eed
2311 Shell Pt Rd SW
Shallotte NC 28470
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Lynette Reed:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr, Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699.1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina,27604

A161A
RCDENR
North Carolina Department of Environment and Natural Resources
1 Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist April 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 9710 0001 5982 5600
Cuilis Fullwood
1150 Cedar Grove Road SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Curtis Fullwood:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the slate of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential imRacts_to propgrty values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina, 27604

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, RG., P.E. Michael F. Easley, Governor
Director and State Geologist April 29, 2a08 William G. Ross Jr., Secretary
CERTIFIED MAIL .
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5617
Hobson gryant
1322 Cedar Grove Road SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Hobson Bryant:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and,,pursuant to G.-S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina,27604

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
,tames D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist April 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 00011 5982 5624
ere Oakly
1808 Stanly Road
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Verdell B Oakly:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely, t
1
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
CC" Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -.919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina,27604

A7JA
NCDENK
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REgUESTED
7007 0710 0001 5982 51631
Everett Grissett
1506 Cedar Grove Road SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Everett Grissett:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values., G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions, Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604

A�
.. 61 A
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 29, 2008 William G. Ross Jr.,Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5648
Ellis Hewett
1614 Turkey Trap Road
Supply NC 28462
RE: F and R Development inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Ellis Hewett:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sin5!�
Ch \
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina,27604

��A
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 29, 2008 William G. Ross Jr„ Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 a0D1 5982 5655
Evelyn Gause
1956 Empire Road SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Evelyn Gause:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps'are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 1 FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina, 27604

.........
Ad0b.9MIN00h -
NCQENR
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 01201 5982 5662
U-6rothy Hewett
1104 Cedar Grove Road
Supply NC 28462
RE: F and R Development Inc. -- Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Dorothy Hewett:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsjte truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated. '
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 l FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina,27604

NCDENR
North Carolina Department of Environment and Natural Resources
Division of !_and Resources
Land Quality Section
James D. Simons,P.G., P.E. Michael F. Easley, Governor
Director and State Geologist April 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT RggUESTED
7007 0710 0001 5982 5679
Sidney M Fulwood
1736 Grissett Road SW
Supply - NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 1045 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Sidney M Fulwood:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules,for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have 'urisdiction over
offsite truck traffic noise and otential impacts to propeM values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina,27604

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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 598E 5686
Stephanie Be amy
245 Dogwood Road SW
Supply NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Stephanie Bellamy:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely,
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
CC' Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: [phone]
512 North Salisbury SVeet,Raleigh,North Carolina, 27604

�,A
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 29, 2008 William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 0710 0001 5982 5693
Carleen B Reeves
1012 Cedar Grove Road SW
Supply. NC 28462
RE: F and R Development Inc. — Modification to expand Mining Permit 10-45 (F and R
Development Mine) located off SR 1119 (Stanley Road SW)
Brunswick County - Lumber River Basin
Dear Carleen B Reeves:
The Division of Land Resources has received considerable correspondence related to the
referenced mining permit application and, pursuant to G.S. 74-51 of the Mining Act of 1971, the Director
has deemed that a public hearing is warranted. Please find enclosed a copy of the public notice listing
the date, time, and location of the hearing along with a brief description of the hearing format. Also
enclosed is a copy of the Mining Act of 1971 and Rules for your review.
Please note that a copy of the mining permit application and corresponding maps are on file
with both this office and our Wilmington Regional Office (phone no.: 910-796-7215, contact: Mr. Dan
Sams) for public information and review prior to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the Department in making its
decision to grant or deny a mining permit. Please note that the Act does not have jurisdiction over
offsite truck traffic, noise, and potential impacts to property values. G.S. 74-65 explains the Act's
effect on local zoning ordinances.
Please contact this office if you have any questions. Your attendance and participation will be
appreciated.
Sincerely, �N,4
r
Chastity Clark
Assistant State Mining Specialist
Land Quality Section
Enclosures: Public Notice and Hearing Format
Mining Act of 1971
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604

TRANSMISSION VERIFICATION REPORT
TIME 04/28/2006 09:46
NAME NC DENR DLR
FAX [phone]
TEL [phone]
SER. # xxxxxxxxxxxx
DATE,TIME 04/28 09:44
FAX NO./NAME 919107545430
DURATION 00:02.26
PAGE(S) 04
RESULT
OK
MODE STANDARD

F`OM FAX NO. Apr. 28 2008 10:07AM P1
04��N/20�8 US:44 91971588B1 NC DENR n:.R P 01
North Carolina Department of Environment and Natural Resources
Divislon of Land Resources- Land Quality Section Mining Program
1612 Mail Service Center,Raleigh,North Carolina 27699
[phone] Fax:[phone]
FAX COVER SHEET.
FAX NUMEER TRANSWII'ED TO:.
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RE: CAL-
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tAtNI.Un
'I
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Lana Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr.,Secretary
April 28, 2008
Ms. Debby Gore
Clerk to the Brunswick County Board of Commissioners
P.O. Box 249
Boliva, North Carolina 28422
RE: Public Hearing
Modification Request by F and R Development to Expand Mining Permit No. 10-45
(F and R Development Mine)
Dear Ms. Gore:
This letter is to acknowledge your approval of the Department's request for use of the
facilities at the Brunswick Government Center, Commissioners Chambers, Building I, Central
Service Building to conduct a public hearing on May 15, 2008, Enclosed is a,copy of the
public notice that is to be published. Please note the hearing is scheduled to begin at 7:00
p.m. We will be arriving between 3:30 and 4:00 p.m. and would like to have someone on-hand
to provide us access to the facility at that time. I know you mentioned that a mediation was
scheduled to take place in the Commissioners Chambers earlier in the day. !f the mediation is
not over when we arrive, we will set up as soon as possible after it is over.
Your cooperation in providing the facility for our use is greatly appreciated. Should you
have any questions, please contact me, or Ms. Chastity Clark at [phone].
Since'ply,
Floyd R. Williams, PG
State Mining Specialist
Land Quality Section
Enclosure
cc: Mr. Dan Sams, PE
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina,27604
An Equal opportunity 1 Affirmative Action Employer—50 6 Recycled 110%Post Consumer Paper

w
Public Notice
Page 1
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina Department of
Environment and Natural Resources concerning a modification application by F and R
Development, Inc. to expand the mine permit boundary and excavation area of existing sand
mining permit No. 10-45 (F and R Development Mine) located off SR 1119 (Stanley Road
SW) in Brunswick County.
AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 5B, Section .0011
PLACE, TIME, DATE: Brunswick Government Center - Commissioners Chambers
Central Service Building - Building I
45 Courthouse Drive NE
Bolivia, NC 28422
7:00 PM
May 15, 2008
PURPOSE:
To receive comment related to a modification request by F and R Development, Inc. to expand
existing sand mining permit no. 10-45 (F and R Development Mine) located off SR 1119
(Stanley Road SW) in Brunswick County.
Comments shall be limited to those that relate directly to the seven (7) denial criteria listed
under G.S. 74-51 of The Mining Act of 1971 that the Department considers in making its
decision to grant or deny a new mining permit application or a modification to an existing
mining permit. These criteria are as follows:
The Department may deny such permit upon finding:
1. That any requirement of this Article or any rule promulgated hereunder will be
violated by the proposed operation;
2. That the operation will have unduly adverse effects on potable ground water
supplies, wildlife, or fresh water, estuarine, or marine fisheries;
3. That the operation will violate standards of air quality, surface water quality, or
ground water quality, which have been promulgated by the Department;
4. That the operation will constitute a direct and substantial physical hazard to
public health and safety or to a neighboring dwelling house, school, church,

Pubiit Notice
Page 2
hospital, commercial or industrial building, public road or other public property,
excluding matters relating to use of a public road;
5. That the operation will have a significantly adverse effect on the purposes of a
publicly-owned park, forest or recreation area;
6. That previous experience with similar operations indicates a substantial
possibility that the operation will result in substantial deposits of sediment in
stream beds or lakes, landslides, or acid water pollution; or
7. That the applicant or any parent, subsidiary, or other affiliate of the applicant or
parent has not been in substantial compliance with this Article, rules adopted
under this Article, or other laws or rules of this State for the protection of the
environment or has not corrected all violations that the applicant or any parent,
subsidiary, or other affiliate of the applicant or parent may have committed under
this Article or rules adopted under this Article and that result in:
a. Revocation of the permit,
b. Forfeiture of part or all of the bond or other security,
c. Conviction of a misdemeanor under G.S. 74-64,
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64.
In the absence of any findings set out above, or if adverse effects are mitigated by�the
applicant as determined necessary by the Department, a permit shall be granted.
COMMENT PROCEDURE:
All persons interested in this matter are invited to attend. The hearing will be conducted in the
following manner:
1. Explanation of the action for which the permit is required by the hearing officer.
2. Explanation of the permit procedures as set forth in The Mining Act of 1971 by
the Division of Land Resources, Land Quality Section.
3. Public Comment - Comments, statements, data, and other information may be
submitted in writing prior to or during the hearing or may be presented orally at
the hearing. Persons desiring to speak will indicate their intent at the time of
registration at the hearing. So that all persons desiring to speak may do so,
lengthy statements may be limited at the discretion of the hearing officer. Oral
presentations must not exceed the time limit established by the hearing officer.

Publk Notice
Page 3
Any oral presentation that exceeds three (3) minutes must be accompanied by
three (3) written copies, which will be filed with the hearing officer at the
beginning of the oral presentation.
4. Cross examination of persons presenting testimony will not be allowed; however,
the hearing officer may ask questions for clarification.
5. (Optional) The applicant may make a snort presentation at the end of the hearing
and may be available for individual/group discussion after the hearing is
adjourned.
6. The proceedings will remain open for a period of ten (14) days following the
hearing for additional written arguments or statements.
INFORMATION:
A copy of the mining permit application and corresponding maps are on file at the Wilmington
Regional (914.796.7215) and Central Office (919.733.4574), Land Quality Section, for the
public's information and review prior to the date of the public hearing. Additional information
concerning this hearing may be obtained by writing or calling:
Floyd R. Williams, PG, CPG
State Mining Specialist or
Chastity Clark, Assistant State Mining Specialist
Land Quality Section — Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Telephone: [phone]

} Public Notice
Page 1
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina Department of
Environment and Natural Resources concerning a modification application by F and R
Development, Inc. to expand the mine permit boundary and excavation area of existing sand
mining permit no. 10-45 (F and R Development Mine) located off SR 1119 (Stanley Road
SW) in Brunswick County.
AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 513, Section .0011
PLACE TIME DATE: Brunswick Government Center- Commissioners Chambers
Central Service Building - Building I
45 Courthouse Drive NE
Bolivia, NC 28422
7:00 PM
May 15, 2008
PURPOSE:
To receive comment related to a modification request by F and R Development, Inc. to expand
existing sand mining permit no. 10-45 (F and R Development Mine) located off SR 1119
(Stanley Road SW) in Brunswick County.
Comments shall be limited to those that relate directly to the seven (7) denial criteria listed
under G.S. 74-51 of The Mining Act of 1971 that the Department considers in making its
decision to grant or deny a new mining permit application or a modification to an existing
mining permit. These criteria are as follows:
The Department may deny such permit upon finding:
1. That any requirement of this Article or any rule promulgated hereunder will be
violated by the proposed operation;
2. That the operation will have unduly adverse effects on potable ground water
supplies, wildlife, or fresh water, estuarine, or marine fisheries;
3. That the operation will violate standards of air quality, surface water quality, or
ground water quality, which have been promulgated by the Department;
4. That the operation will constitute a direct and substantial physical hazard to
public health and safety or to a neighboring dwelling house, school, church,

Public Notice
Page 2
hospital, commercial or industrial building, public road or other public property,
excluding matters relating to use of a public road;
5. That the operation will have a significantly adverse effect on the purposes of a
publicly-owned park, forest or recreation area;
6. That previous experience with similar operations indicates a substantial
possibility that the operation will result in substantial deposits of sediment in
stream beds or lakes, landslides, or acid water pollution; or
7. That the applicant or any parent, subsidiary, or other affiliate of the applicant or
parent has not been in substantial compliance with this Article, rules adopted
under this Article, or other laws or rules of this State for the protection of the
environment or has not corrected all violations that the applicant or any parent,
subsidiary, or other affiliate of the applicant or parent may have committed under
this Article or rules adopted under this Article and that result in:
a. Revocation of the permit,
b. Forfeiture of part or all of the bond or other security,
c. Conviction of a misdemeanor under G.S. 74-64,
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64.
In the absence of any findings set out above, or if adverse effects are mitigated by the
applicant as determined necessary by the Department, a permit shall be granted.
COMMENT PROCEDURE:
All persons interested in this matter are invited to attend. The hearing will be conducted in the
following manner:
1. Explanation of the action for which the permit,is required by the hearing officer.
2. Explanation of the permit procedures as set forth in The Mining Act of 1971 by
the Division of Land Resources, Land Quality Section.
3. Public Comment - Comments, statements, data, and other information may be
submitted in writing prior to or during the hearing or may be presented orally at
the hearing. Persons desiring to speak will indicate their intent at the time of
registration at the hearing. So that all persons desiring to speak may do so,
lengthy statements may be limited at the discretion of the hearing officer. Oral
presentations must not exceed the time limit established by the hearing officer.

r
Public Notice
Page 3
Any oral presentation that exceeds three (3) minutes must be accompanied by
three (3) written copies, which will be filed with the hearing officer at the
beginning of the oral presentation.
4. Cross examination of persons presenting testimony will not be allowed; however,
the hearing officer may ask questions for clarification.
5. (Optional) The applicant may make a short presentation at the end of the hearing
and may be available for individual/group discussion after the hearing is
adjourned.
6. The proceedings will remain open for a period of ten (10) days following the
hearing for additional written arguments or statements.
INFORMATION:
A copy of the mining permit application and corresponding maps are on file at the Wilmington
Regional (910.796.7215) and Central Office (919.733.4574), Land Quality Section, for the
public's information and review prior to the date of the public hearing. Additional information
concerning this hearing may be obtained by writing or calling:
Floyd R. Williams, PG, CPG
State Mining Specialist or
Chastity Clark, Assistant State Mining Specialist
Land Quality Section — Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Telephone: [phone]

Public Notice
Page 1
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina Department of
Environment and Natural Resources concerning a modification application by F and R
Development, Inc. to expand the mine permit boundary and excavation area of existing sand
mining permit no. 10-45 (F and R Development Mine) located off SR 1119 (Stanley Road
SW) in Brunswick County.
AUTHORITY: N.C.G.S, 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 5B, Section .0011
PLACE, TIMES DATE: Brunswick Government Center - Commissioners Chambers
Central Service Building - Building 1
45 Courthouse Drive NE
Bolivia, NC 28422
7:00 PM
May 15, 2008
PURPOSE:
To receive comment related to a modification request by F and R Development, Inc. to expand
existing sand mining permit no. 10-45 (F and R Development Mine) located off SR 1119
(Stanley Road SW) in Brunswick County.
Comments shall be limited to those that relate directly to the seven (7) denial criteria listed
under G.S. 74-51 of The Mining Act of 1971 that the Department considers in making its
decision to grant or deny a new mining permit application or a modification to an existing
mining permit. These criteria are as follows:
The Department may deny such permit upon finding:
1. That any requirement of this Article or any rule promulgated hereunder will be
violated by the proposed operation,
2. That the operation will have unduly adverse effects on potable ground water
supplies, wildlife, or fresh water, estuarine, or marine fisheries;
3. That the operation will violate standards of air quality, surface water quality, or
ground water quality, which have been promulgated by the Department,
4. That the operation will constitute a direct and substantial physical hazard to
public health and safety or to a neighboring dwelling house, school, church,

Public Notice
Page 2
hospital, commercial or industrial building, public road or other public property,
excluding matters relating to use of a public road;
5. That the operation will have a significantly adverse effect on the purposes of a
publicly-owned park, forest or recreation area;
6. That previous experience with similar operations indicates a substantial
possibility that the operation will result in substantial deposits of sediment in
stream beds or lakes, landslides, or acid water pollution; or
7. That the applicant or any parent, subsidiary, or other affiliate of the applicant or
parent has not been in substantial compliance with this Article, rules adopted
under this Article, or other laws or rules of this State for the protection of the
environment or has not corrected all violations that the applicant or any parent,
subsidiary, or other affiliate of the applicant or parent may have committed under
this Article or rules adopted under this Article and that result in:
a. Revocation of the permit,
b. Forfeiture of part or all of the bond or other security,
c. Conviction of a misdemeanor under G.S. 74-64,
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64.
In the absence of any findings set out above, or if adverse effects are mitigated by the
applicant as determined necessary by the Department, a permit shall be granted.
COMMENT PROCEDURE:
All persons interested in this matter are invited to attend. The hearing will be conducted in the
following manner:
1. Explanation of the action for which the permit is required by the hearing officer.
2. Explanation of the permit procedures as set forth in The Mining Act of 1971 by
the Division of Land Resources, Land Quality Section.
3. Public Comment - Comments, statements, data, and other information may be
submitted in writing prior to or during the hearing or may be presented orally at
the hearing, Persons desiring to speak will indicate their intent at the time of
registration at the hearing. So that all persons desiring to speak may do so,
lengthy statements may be limited at the discretion of the hearing officer. Oral
presentations must not exceed the time limit established by the hearing officer.

Public Notice
Page 3
Any oral presentation that exceeds three (3) minutes must be accompanied by
three (3) written copies, which will be filed with the hearing officer at the
beginning of the oral presentation.
4. Cross examination of persons presenting testimony will not be allowed; however,
the hearing officer may ask questions for clarification.
5. (Optional) The applicant may make a short presentation at the end of the hearing
and may be available for individual/group discussion after the hearing is
adjourned.
6. The proceedings will remain open for a period of tent (10) days following the
hearing for additional written arguments or statements.
INFORMATION:
A copy of the mining permit application and corresponding maps are on file at the Wilmington
Regional (910.796.7215) and Central Office (919.733.4574), Land Quality Section, for the
public's information and review prior to the date of the public hearing. Additional information
concerning this hearing may be obtained by writing or calling:
Floyd R. Williams, PG, CPG
State Mining Specialist or
Chastity Clark, Assistant State Mining Specialist
Land Quality Section — Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Telephone: [phone]

t
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND ,;;'��
�N 1
NATURAL RESOURCES J
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PUBLIC NOTICE STAI'E OF NOR'I'll CAI20LINA
Notice is hereby given of a public hearing to be held by file North Carollna COUNTY OF 13RUNSW ICK
Departrneria of Environment and Natural Resources concerning a modi-
bCatlOtl appk4li rt by F and R Development, Inc. to expand the mine
1pplle#h01t1Wary,W d aticavagpn area of existing sand mining permit No. ,
it<'MwOpleiefq Itrllilrte}located oil SR 1119(Stanley Road AFFIDAVIT OF PUBLICATION
fiA�tll>Mtw kJl f;}Ipttgly6t -�M
tt a(L&7441 And N.C.A.C.11tfe 15,Chapter 5 Subchap-
ttUl'AM-'TIME.0011 Before the undersigned,a Notary Public of said County and State,
PLIICF,"'Ti111E. DATE: Brunswick C3ovemmenl Center • Commissioners
Chfurlbers Control Service Building-Building 1,45 Courthouse Drive NE, duly commissioned,qualified,and authorized by law It)adminis-
drrllYfe,NC 28422,7:00 PM May 15,2008 ter oalhs, personally appeared
PURPOSE:To receive comment related to a modification request by F
and R Development.Inc,to expand existing sand mining permit no.10-45 Scott R. Harrell
(F and R Development Mine)located off SR 1119(Stanley Road SW)In
Brunswick County Comments shall be limited to those that relate directly
to the seven(7)denial criteria listed under G.S.74-51 of The Mining Act who, being first duly sworn,deposes and says: that he is
of 1971 that the Department considers In making its decision to grant or
deny a new mining permit application or a modificafion to an existing min- Publisher
ing permit.These criteria are as follows:
The Department may deny such permit upon finding: (Owner,partner,publisher,or other officer or employee autho-
1.That any requlrement of this Article or any rule promulgated hereunder
wfll be violated by the proposed operaticn: rizcd to make (his affidavit)
2.That the operation will have unduly adverse effects on pctabte ground
water supplies,wildlife,or fresh water,estuarine,or marine fisheries; of The Brunswick Beacon, a newspaper published, issued, and
3. That the operation will vi)lato standards of air quality, surface water entered as periodical mail in the 'Town of Shallotte in the said
quality, or ground water qualify, which, have been promulgated by the County and State;that he is authorized to make this affidavit and
Department; sworn statement; that the notice or other legal advertisement,
4.That the operation will constitute a direct and substantial physical haz- a true copy of which is attached hereto, was published in 'f'he
and to public health and safety or to a nelghboring dwelling house,school,
church, hospital, commercial or Industrial building, public road or other Brunswick Beacon on the following date(s):
pubfic property,excluding matters relating to use of a public road;
5.That the operation will have a significantly adverse effect on the pur- May 1, 2008
poses of a publicly-awned park,forest or recreation area. and that the said newspaper in which such notice, paper docu-
6.That previous experience with similar operations indicates a substantial_ ment or legal advertisement was published, was at the time of
possibility that the operation will result In substantial deposits of sediment each and every such puhlicatiotl, a newspaper meeting all the
In stream beds or lakes,landslides,or acid water pollution;or requirements and qualifications of Section l Sg7 of the Genera{
7.Thal the applicant or any parent,subsidiary,or other affiliate of the ap-
plicant or parent has not been in substantial compliance with this Article, Statutes of North Carolina and was a qualified newspaper within
rules adopted under this Article,or other laws or rules of this Stale for the the meaning of Section l-597 of the General Statutes of North
protection of the environment or has not corrected nil violations that the Carolina.
applicant or any parent, subsidiary, Or other affiliate of the applicant or
parent may have committed under this Article or rules adopted under this
Article and that result ln: This the 1 St day or May, 2008.
a.Revocation of the permit,
b.Forfeiture of part or all of the bond or other security,
c.Conviction of a misdemeanor under G.S.74-64,
d.Any other Court order Issued under G.S.74.64.or . . . " " ' " " " " " " "
e.Final assessment of a civil penalty under G.S. 74.64. (Signature of person making affidavit)
In the absence of any findings set out above, or if adverse effects are
mitigated by the applicant as determined necessary by the Department, Sworn to and subscribed before me this 1st day of May,
a permit shall be granted. 2008
COMMENT PROCEDURE:
All persons interested In this matter are invited to attend.The hearing will
be Conducted in the following manner:
1. Explanation of the action for which the permit is required by the hear-Ing olfloer, OrL42. Explanation of the permit procedures as set forth in The Mining Act ofJ `�j` 1�,i`�'�
1971 by the Division of Land Resources,Land Quality Section, (Notary Public)
3.Public Comment-Comments,statements,data,and other Information
may be submitted In writing prior to or during the hearing or may be pre- My commission expires: December 29, 2009.
sented orally at the hearing.Persons desiring to speak wilt Indicate their
intent at the tlme of reglsiratlon at the hearing So that all persons desiring
to speak may do so,lengthy statements may be limited at the discretion of
the hearing officer.Oral presentations must not exceed the time limit es-
tablished by the hearing officer.Any oral presentation that exceeds three
(3)minutes must be accompanied by three(3)written copies,which will
be filed with the hearing officer at the beginning of the oral presentation.
4.Cross examination of persons presenting testimony will not be allowed;
however,the hearing officer may ask questions for clarification
5. (Optional)The applicant may make a short preseniatlon at the end of
the hearing and may be available for individuailgroup discussion after the
hearing Is adjourned.
6.The proceedings will remain open for a period of ten(10)days following
the hearing for additional written arguments or statements.
INFORMATION:A copy of the mining permit appflcallon and correspond-
ing maps are on file at the Wilmingtor Regional (910.796.7215) and
Central Office (919,733,4574), Land Quatity Section, for the public's In-
formation and review prior to the date of the public hearing.Additional In-
formation concerning this hearing may be obtained by writing or calling:
Floyd R.Williams,PG.CPG
State Mining Specialist or
Chastity Clark,Assistant State Mining Speclallsl
Land Quality Section-Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh,North Carolina 27699.1612
Telephone:[phone]

' • BRUNSWICK BEACON CI.IENTYr1(AMB-�.
PO BOX 2558 MAY 2008 DENR LAND QUALITY SECTION
SHALLOTTE, NC 28459-2558 3Wta�ami 3 r t 4 AyIICR
238.45 PAYMENT DUE BY 6/25
C4AR>p1'L+ ,AMO�rRID77i" 23...,aY - ttA78a. y
ADVERTISING INVOICE and STATEMENT 238.95 .001 .001 .00
>� • •tll.rlur tu>�A� a � s.r
DENR LAND QUALITY SECTION BRUNSWICK BEACON
FLOYD WILLIAMS STATE MINING LANDMARK COMMUNITY NEWS,INC
1612 MAIL SERVICE CTR PO BOX 1118
RALEIGH NC 27699-1612 SHELBYVILLE, ICY 40066-1118
PAGE; 's �sixa t ��-Y- slnrsD.Aomtsa s a `� Change of address? T
1 5/31/2008 please mark changes
above. AMOUNT PAID$
PLEASE DETACH AND RETURN THIS PORTION WITH YOUR REMITTANCE
TO AVOID DELAYS IN CREDITING YOUR ACCOUNT, PLEASE RETURN THE
REMITTANCE STUB WITH YOUR PAYMENT IN THE SUPPLIED ENVELOPE
OR PRINT THE ACCOUNT NUMBER FROM THIS BILL ON YOUR CHECK.
tC,MT&21!L!! 14� -;� •y>}�IPItCEI=C011Ep4&'.� -•IS.BAit/BZGGYD� � �r;k71SY�:_- r��•- � i ",Y-' - .,f� -
-M4A'�PtlL
PREVIOUS BALANCE 00 .00
5/01 244 LEGAL ADVERTISING 2X13.50 S.B5 238.95 .00 238.95
TOTAL BRUNSWICK BEACON 238.95 .00 238.95
�•• TEARSHEETS IN SEPARATE MAILING
TOTAL DUE 238"95 .00 238.95
.TATSNENT OF ACCOUNT IF TOTAL, PAYMLNT IS NOT RECEIVED BY mm OATB, A snvics CFWIGs Or I.5 4 PER NONTR(is ANNUAL PBRCEI7rAGs RATBI WILL BE IMPOSED
—GROSS :f . ,: - ,IR'C'A11001E!'G4Rc#�cF
238.95 .00 .00 .00 238.95 238.95
'OR8ILUN000ESTIONS BRUNSWICK BEACON, 208 SMITH AVE, SHALLOTTE, NC 28470
PLEASE CONTACT: 910-7 5 4-6 8 9 0
. 25 •:es.s#:; -. •',S'G�'-tkt ,rF.•`;:t1r-�.; :.�•..t�.�•K.41NB++•..e-•ne.'!s+ I6rRINPOEMATION.�.,�tiy.S-,.-4 ..fir...,;.,,....•. +...+.'Y'�!.•..N�-Y.• x..�'A..• :TF�'^]L+S,C R:7
!�', •l.:.Yti�'SP.Bt I yPBRIOD!•`t. '.,,;'� 1'EILLSDtACCO1RrL'dNUMBERI ADY�TIEER [e-mail]-r;1 i'�'k�r. -r:..IADV�'j'I (:L SN'Pa MANBIo.ti�'�'�i}1• '�iE:iit,a'I
MAY 2008' DENR LAND QUALITY SECTION
F.TZAR.TD DATR+SDLiJ1R8:�. . CONIRACT'87WIRATION i"_ �5�,^_t]G@71TIAL'L'• tRE1L6NfSF?i,to-i,• ICOMrRACLCURREbrrr1R?NCFI`"tr. rftq CONTPACri CUKUTATrVirZ,
238.95
LANDMARK COMMUNITY NEWSPAPERS INC - P,4. BOX 549 - SHELBYVILLE, KY 40066-0549 - 502/633�4334

lu Ulu
Trust") and because of default in the along the Southern right-of-way 15,2005 entitled"Survey for Poco� r er Lutes Section 45.21.10(b), and cash the following described property 910.579-1
payment of the indebtedness thereby of said 50-faot road, labled "B", sin Land Co.,LLC.duly recorded ms of the Deed of Trust, any situated in Brunswick County,North M
secured and failure to carry out or South 76 degrees 26 minutes 24 in the office of the Register of 14iateiy
;Z bidder may be required to Carolina,to wit:
perform the stipulations and agree- seconds East 283.95 feet to the be- Deeds of Brunswick County with the Substitute Trustee BEfNG all of Lot 421, Section ESTATE NOTICE
ments therein contained and pur•su. ginning poiint,which is the most in Map Cabinet at Page upon conclusion of the B. Phase Two, Plat 9 (Lot "P2- The undersigned, having quell
ant to the demand of the owner and Northwestern corner of Tract 20 to which reference is made s cash de osit of an amount B�421"), of Seascape at flofden as Executrix i the Estate of Art.
holder of the indebtedness secured and the most Northeastern cor. for greater certainty of descrip- exceed the greater of five per. Plantation, as shown an a plat Joseph Vendett€, deceased, late
by said Deed of Trust,and pursuant ner of Tract 21 of the Ava G.Bel- tion. BEING al} of those ripar- 595) of the amount of the bid thereof prepared by Thomas W. Brunswick County, this is to no
to the Order of the Clerk of Superior lamy land;thence along the line ian water rights all according en hundred and fifty dollars Morgan, R.L.S., dated January all arsons having claims.agal
Court for Brunswick County, North between Tract 20 and 21,South to map prepared by Jerry W. ). Any successful bidder shall 21,2003,recor'deII in—Map Caret', „ fate t present them to the
Carolina, entered in this foreclosure 07 degrees 45 minutes 00 seconds Ixe, (Ld249) Professionals Land uired to tender the full balance 27 at Page 263,in the Office of the dersigned o or before the loth r
proceeding, the undersigned, Brian West 562,41 feet to a point in the Surveyor, dated August 15, 2005 purchase price so bid in cash Register of Deeds for Brunswick of July 2008, or this notice will
C.notiierfor sae at public astitute uction on on the al Watetee, posted high ter line of rway; thence!along said veyr for Pocosin Land arian Corridor
Co., LLC. Trusteed e tendersme the Sub-for the County,North Carolina,to which pleaded In bar of their recovery .
Plat reference is hereby made and persons Indebted to said estate v
8th day of April, 2008, at 10:00 A.M. high water line North 78 degrees duly recorded in the office of the sty or attempts to tender such which Is incorporated herein for please make Immediate the real property located in Bruns 15 minutes 00 seconds West 78.49 Register of Deeds of Brunswick and should said successful bid- greater certainity of description the undersigned. payment
wick County; North Carolina more feet to a point,which is the most County in Map Cabinet_. at 11 to pay the full balance of the of said property This the 1st day of April,2008.
particularly described on Exhibit A. Southwestern corner of Tract 21 Page— to which reference is ase price so bid at that time, Save and except any releases, Dolores V. EcKinn
cKinn
M The notice was not published,and the and the Southeastern corner of made for greater certainty of de- ldder shall remain liable on the deeds of release or prior convey-
sale date was postponed. Therefore, Tract 22;thence along the line scription. provided for in North Carolina antes of record, of the Estate
the undersigned,Brian C. Fork,Sub- of Tracts 21 and 22,North 10 de. The sale will be made subject to ral Statutes Section 45.21.30(d) Said property is commonly known of
Jose stitute Trustee,will expose for sale at grees 41 minutes 15 seconds East all prior and superior deeds of trust, )• as 3588 Concordia Avenue Southwest, ph Vendc
public auction on the 8lh day of May, 968.15 feet to an iron pipe,which liens,unpaid taxes,restrictions,ease• is sale will be held open ten(10) Supply,NC 28462. 6WH Candlewood DriCharlotte,NC 28:
2008, at 2:00 P.M. at the Brunswick Is the most Northeastern corner ments,assessments,leases,and other for upset bids as required by law. A cash deposit(no personal checks) May 1 f County Courthouse,310 Government of a small lot owned by Irene matters, if any, which, as a matter is the 9th day of April,2008. of five percent(5%)of the purchase
Center Drive,NE,Bolivia,North Car- Belamy, as described in Book of law,survive the foreclosure of the Brian Fork price,or Seven Hundred Fifty Dollars
alina 28422,the real property located 278, Page 371 of the Brunswick above described Deed of Trust; pro- Lassiter at North Hills Avenue ($750.00),whichever is greater,will be ESTATE NOTICE
in Brunswick County North Carolina County Registry; thence North vided, however, that the inclusion of Suite 300(27609) required at the time of the sale. Fol- The undersigned, having qualitlr
more particularly described on Exhib- 08 degrees 37 minutes 35 seconds this clause in this Notice of Trustee's Post Office Box 17047 lowing the expiration of the statutory as Executrix of the Estate of Carm
Sale of Real Estateshall not be deemed eigh,North Carolina 27619.7047 upset bid period, all the remaining la P Kupstas,deceased,late of Brun
to validate or otherwise give effect to Telephone. [phone] amounts are immediately due and wick County,this is to notify all Pe any such matter or other right which, Facsimile: [phone] owing. sons having claims against said
NORTH CAROLINA DEPARTMENT as a matter of law,does not survive the Substitute Trustee Said property to be offered pursu- to present them to the undersigned c
OF ENVIRONMENT AND foreclosure. All items of real and per- May 1 ant to this Notice of Sale Lv being or before the 10th day of July 2o08,
offered for sale, transfer and con- this notice will be pleaded in bar c
veyance AS IS WHERE IS." There their recovery,All persons indebted I
NATURAL RESOURCES NOTI OF are no representations of warranty said estate will please snake immed
relating to the title or any physical, ate payment to the undersigned,
DIVISION OF LAND RESOURCES environmental, health or safety con. This the alst day of March.200a.
PUBLICRINGS ditions existing in, on, at,or relating Pamela J.Humena
to the property being offered for sale- Executri
LAND QUALITY SECTION TOWN N �lJtl C� /� This sale Is made subject to all prior of the Estate o
�/AS A liens, unpaid taxes, any unpaid land Cni-milla P•Kupsta
PUBLICNOTICE transfer taxes, special assessments, 3310 Channelside Drive SV
M A V 12008 easements,rights of way,deeds of re- Supply,NC 2846
Notice is hereby given of a public hearing to be held by the North Carolina MAY V lease,and any other encumbrances or May 1 Pt
Department of Environment and Natural Resources concerning a modi The TOWn COUnCII Qf own of Navassa will exceptions of record. To the best of
ficalion-application by F and R Development, Inc. to expand the mine the knowledge and belief of the un-
pormit boundary and excavation area of existing sand mining permit No. hold a public hearing d their regularly sched- dersigned,the current owner(s)of the ESTATE NOTICE
10-45 F and R Development Mine) located off SR 1119 (Stanley Road property is/are Todd C.Grimm. The undersigned, having qualifier
( p ( y uled meeting on Thur May 15, 2008 at 7:30 An Order for possession of the as Executor of the Estate of Donau
SW)in Brunswick County. property may be issued pursuant to Hymon Piggott, deceased, late a
AUTHOR)TY:N.C.G.S. 74-51 And N.C.A.C.Title 15,Chapter 5 Subchap- p.m. at Navassa Tow 334 Main Street, Na- G.S.45-21.29 in favor of the purchaser Brunswick County,this is ka notify al
ter58ter58,Section.001t VaSsa, NC: The pubii g andagai3st the partyorpartlesinpos- persons having claimsagainst said es
,TIME. DATE: Brunswick Government Center Commissioners in Will be to consider session by the clerk of superior'c`,outryt tate to present them to the undersignec
Chambers Central Service Building-Building f,45 Courthouse'Drlve NE; Ah6 tollowiing itefr • l t ^r I=� .1 w,. - l,Wiceif A`ny?';�$ri In ho d�a,p Js t1i or tlillr ofice Weil.w yi Y of duly 2008
Bolivia,NC 28422,7:00 PM May 15,2008 property(ru seuant to a'rental a rrce- ry t i
ITEM: Zoning Map � dment (Z-2007-002} - b � their All rersonstndebtedtr
PURPOSE:To receive comment related to a modification request by F ment euter rdlInto7,me hewed on or said estate will please make immedi
and R Development.Inc.to expand existing sand mining permit no.10-45 Request by Navass & Development, LLC y.after receiv- ate payment to the undersigned.
(F and R Development Mine)located off SR 1119(Stanley Read SW) in ing the notice of sale, terminate the This the 1st day of April;2008.
(F Brunswick eveCounty. Comments shall d limited to those that relate directly i to rezone a 31.42-a reel (#02900131) from rental agreement upon 10 days'writ-
John Joseph Piggott
Y ten notice to the landlord. The notice Executor
to the seven (7)denial criteria Ilsled under G.S.74-51 of The Mining Act R-15 to R-10. The p y is located behind the shall also state that upon termination of the Estate of
of 1971 that the Department considers in making its decision to grant or Lena Springs Subdiv nd is owned b the de- of a rental agreement, the tenant is Ronald Ilymon Piggott
deny a now mining permit application or a modification to an existing min- liable for rent due under the rental 1701 Shallotte Pt.Loop Rd.SW
p b g
Ing permit.These Criteria are as follows:
Velo ers of that subt. The Planning Board agreement prorated to the effective Shallotte,NC28470
date of the termination.
The Department may deny such permit upon finding: voted on October 1 7 to recommend ap- If the trustee is unable to convey May 1 Pd.
1.That any requirement of this Article or any rule promulgated hereunder title to this property for any reason, ESTATE NOTICE
will be violated by the proposed operation: proval of this Item. the sole remedy of the purchaser its The undersigned, having qualified
2. That the operation will have unduly adverse effects on potable ground All interested citizen Invited t0 attend. the return of the deposit. Reasons of as Executrix of the Estate of Betty
water supplies,wfidlife,or fresh water,estuarine,or marine fisheries; such !nobility to convey include,but J.Jones,deceased,late of Brunswick
3. That the operation will violate standards of air quality, surface water are not limited to,the filing of a bank- County, this is to notify all persons
p y petition prior to the confirma- having claims against said estate to
quality, or ground water quality, which, have been promulgated by the tion of the sale and reinstatement of present them to the undersigned on
Department: N o C O C the loan without the knowledge of tine or before the 1st day of August,2008,
4.That the operation will constitute a direct and substantial physical haz- f G r trustee. If the validity of the sale is or this notice will be pleaded in bar of
the trustee, their recover
and to public health and safety or to a neighboring dwelling house,school, challenged by any party, y All persons indebted to
P U B L I EA R I N G li their sole discretion, ;f they be- said estate will please make€mmeai•
church, hospital, commercial or industrial building, public read or other � leve the challenge to have merit,may ate payment to the undersigned.
public property,excluding matters relating to use of a public road; The Brunswick'Countylf Education will conduct a Pub- request the court to declare the sale to This the 23rd day of April,2008.
5.That the operation will have a Significantly adverse effect on the pur- lic Hearing on Tuesday, R008, at 6:35 p.m., or as soon be void and return the deposit. The Robin L.Owens
poses of a publicly-owned owned ark,forest or recreation area. purchaser will have no further rern-
p p y p thereafter as it may be ran the Staff Development Train- edyc Executrix
6.That previous experience with similar operations Indicates a substantial in Center located at the Government Complex near Bo- Substitute Trustee of the Estate of
es
possibility that tfie operation will result in substantial deposits of sediment g p Betty J.Janes
livia, NC,on the Request, from the Stonecrest Partners, Brock r Scott,to 200 33038La rel,D e Blvd,
in stream beds or lakes,landslides,or acid wafer pollution;or , 5431 Oleander Drive Suite 200 Laurel,DE 19956
7.That the applicant or any parent,subsidiary,or other affiliate of the ap- LLC asking for a non-exaasement on property at West Wilmington,NC 28403
pllcanl or parent has not been in substantial compliance with this Article, Brunswick Nigh School t�kveyed to Stonecrest Partners, .
PHONE:[phone] May 22 Pd.
rules adapted under this Article,or other laws or rules of this State for the LLC in exchange for StoPartners LLC to construct at its protection of the environment or has not corrected all violations that the cost improved access round storm-water collection Sys- TOWN OF
applicant or any parent, subsidiary, Or other affillate of the applicant or terns on that real proper�n5wick County, North Carolina
parent may have committed under this Article or rules adopted under this having parcel number 1f and further described as: (�
a. Revocation of the permit, p
Article and that result Being approximately$s of that certain Servient Tract OCEAN ISLE BEACH
b. Forfeiture of part or all of the bond or other security, described as follows: I NOTICE OF PUBLIC HEARING R I N G
c.Conviction of a misdemeanor under G.S.74-64, BEGINNING at a con(lument in the northeastern edge
d.Any other court order issued under G.S.74.64,or of the right-of-way of Not na.Highway No. 130,located as AND MEETING
e. Final assessment of a civil penalty under G.S.74.64. follows:,Commence at tpf intersection of the center line
in the absence of any findings set out above, or it adverse effects are of North Carolina HighwvQOwith the Center line of County The Town of Ocean isle Beach is negotiating
mitigated by the applicant as determined necessary by the Department, Road No. 1349,also knee Bridges Road,run thence with
' a permit shall be granted. the center line of North I Highway No. 130 North 57 de-
the transfer of assets and debts from the Ocean
COMMENT PROCEDURE: grees 15 minutes Westet, thence North 32 degrees 45 Isle Fire Protection Association, Inc, to the Town
All parsons interested in this matter are invited to attend.The hearing will minutes EaSt 50 feet touring corner of the tract hereby thereby creating a municipal fire department. With
be conducted in the following manner; y y g p
1. Explanation of the action for which the permll Is roqulrad by tte hear- conveyed; runs thence northeastern edge of the right this transfer, the Town would receive association's
ing officer, of-way of North Carolinty No. 130 North 57 degrees 15
2.Explanation of the permit procedures as set forth In The Mining Act of minutes West 1,500 fojicrete monument; thence North assets and assume the association's outstanding
1971 by the Division of Land Resources,Land Quality Section. 32 degreeS 45 minute.456.5 feet to a concrete monu- debt. Notice is hereby given, that the Board of
3. Public Comment-Comments,statements,data,and other information ment;thence South 5809 minutes East 300.12 feet to
may be submitted In writing prior to or during the hearing or may be pre- a concrete monument i3nch;thence with the run of Doe Commissioners for the Town of Ocean Isle Beach
sented orally at the hearing. Persons desiring to speak will indicate their Swill consider the adoption of a resolution estab-
Branch in a generally election the following approximate
intent at the
may do s rag€stratistatemon al statements
may
So filledat l the discretion
desiring courses and distance; riegrees 49 minutes East 108.85 lishin the Ocean Isle Beach Fire Department
to speak may do so,lengthy statements may be limited at the discretion of ` g
the hearing officer. Oral presentations must not exceed the time limit es- feet to a concrete monDrth 69 degrees 57 minutes East and also the adoption of a resolution authorizing
tablished by the heating officer.Any oral presentation thal exceeds three 163 feet to a concrete t1, South 63 degrees 33 minutes
the Town Of Ocean Isle Beach t0 enter into a loan(3)minutes must be accompanied by three(3)written copies,which will East 144.5 feet to a cdnument, North 73 degrees East
be filed with the hearing officer at the beginning of the oral presentation. 369 feet to a concrete?t, South 82 degrees 41 minutes agreement of approximately $337,075.00. The
4.Cross examination of persons presenting testimony will not be allowed; East 384 feet to a ccpnument, South 60 degrees 40
however,the hearing officer may ask questidns for clarification. minutes East 174.39 concrete monument, and South Purpose of this agreement is to finance the out-
however,
(Optional)The applicant may make a short presentation at the end of 60 degrees 40 minutet.8 feet to a concrete monument; standing debt of the Ocean Isle Fire Protection
the hearing and may be available for Individual/group discussion after the
thence South 32 degiinutes West 1,861.8 feet to the Association, Inc.
hearing is adjourned.
6.The proceedings will remain open for a period of tan(10)days following place and point of SContaining 53,58 acres more or A Public Hearing will be held at 8:30 am, TueS-
the hearing for additional written arguments or statements. less and being as sh4 plat of survey thereof by Gerrit
day, May 13 2008 in the Betz
INFORMATION:A copy of the mining permit application and correspond- C. Greer, registered 1yor, dated June 30, 1969, and y r y S. Williamson
Ing maps are on file at the Wilmington Regional (910.796.7215) and' recorded in Map Booi 10, in the office of the Register Meeting Hall; at Which time the Board of Com-
Central Office (919.733.4574), Land Quality Section, for the public's in- of Deeds of BrunswicNorth Carolina.
formation and review prior to the date of the public hearing.Additional in- As a certain perpEbxcluSiV6 right of way and ease- missioners.will hear public Comment in regards to
formation concerning this hearing may be obtained by writing or calling: ment as an appurtene above described tract, for pur- this issue. Immediately following the hearing the
Floyd R.Williams,PG.CPG poses of ingress,egris and the extension of utility Sor- Board Of Commissioners will conduct their regu-
State Mining Specialist or t
Chastity Clark,Assistant State Mining Specialist vices out to Highway, lariy scheduled meeting at which time they will
Land Duality Section•Division of Land Resources The purpose of thfaring is to receive comment from consider th
Department of Environment and Natural Resources the citizenry of Brun Con ere adoption
nty on the request and convey- p of these resolutions.
1612 Mail Service Center ante of real estate. ?ill be limited t0 a maximum of five The public is encouraged to attend.
Raleigh,North Carolina 27699-1612 minutes per speaker
Telephone:[phone] All citizens are erD attend the Public Hearing and Sue Stuhr
make comments. Town Clerk
1 I

-.
1 will sell to the highest bidder for ing the notice or sale, rermtuaic •�� �• property pursuant to a rental agree be foreclosed,the undersigned Substi ten notice to the landlord. The notice
,h the following described property rental agreement upon 10 days'writ. or the usual and customary local
Gated in Brunswick County,North ten notice to the landlord. The notice at the county courthouse for cond ment entered into or renewed on or tute Trustee will offer for safe at the shot also state that upon termination
rolina,to wit: shall also state that upon termination Ing the sale on May 7,2003 at 2:001 after October 1,2007,may,after receiv- courthouse door of the county court• of a rental agreement, the tenant Is
3ELNG Lot No. Fbur(4), Block of a rental agreement, the tenant is and will sell to the highest bidden Ing the notice of.sale, terminate the house where the property is located, liable for rent due under the rental
:)no Hundred Sixteen(116),Sec- liable for rent due under the rental cash the following described grope rental agreement upon 10 days'writ- or the usual and customary location agreement prorated to the effective
:ion Eight (8) of a subdivision agreement prorated to the effective situated In Brunswick County"No, ten notice to the landlord. The notice at the county courthouse for conduct- date of the termination.
of property according to a map date of the termination. Carolina,to wit: shall also state that upon termination Ing the sale on May 8,2008 at 10:00AM, If the trustee is unable to convey
of same made by H.M.Loughlin, if the trustee is unable to convey 13EING all of Lot 502,Phase 3 A of a rental agreement, the tenant is and will sell to the highest bidder for title to this property for any reason,
RLS, dated February 1959 be title to this property for any reason, as shown on that map of Sea liable for rent due under the rental cash the following described property the sole remedy of the purchaser is
Ing known as Tranquil Harbour, the sole remedy of the purchaser is Watch at Sunset Harbor date.Aagreement prorated to the effective situated in Brunswick County North the return of the deposit. Reasons of
a section of Long Beach (now the return of the deposit Reasons of 30 July 2004 entitled "SeaWatc date of the termination. Carolina,to wit: such inability to convey include,but
,but at Sunset Harbour",prepared byl If the trustee is unable to convey BEING ALL OF LOT 67,BLOCK are not limited to,the filing of a bank-
known as Oak Island), North such inability to convey include
Carolina, said lots having the are not limited to,the filing of a bank• Perry G, Davis, Jr., P.L.S., Capeltitle to this property for any reason, 210,SECTION 15,OF TRANGUIL ruptcy petition prior to the confirma- '
metes, bounds and location as ruptcy petition prior to the confirma- Fear Engineering, Inc., consist-0e sole remedy of the purchaser is HARBOUR, A SECTION OF tion of the sale and reinstatement of
Ing of three plat sheets,recorded the return of the deposit Reasons of OAK ISLAND. NORTH CARO- the loan without the knowledge of the
shown on said map,which map is lion of the sale and reinstatement of
duly recorded in Book 5,of Maps, the loan without the knowledge of the in Map Cabinet 31 at Pages 43,Huth inability to convey include, but LIMA,ACCORDING TO A MAP trustee. If the validity of the sale is
at Page 93 and 93A of the Bruns, trustee. If the validity of the sale is 44 and 45 and rerecorded In Map',pnot limited to,the fling of a bank- THEREOF DULY RECORDED challenged by any party the trustee,
wick County Registry. challenged by any party.the trustee, Cabtnet 31, Pages 241, 242 and'u tc petition prior to the conf3rma- IN MAP BOOK 6 AT PAGE 67 in their sole discretion. if they be-
A.E N.#: 235KLO03 in their sole discretion, if they be- 243,Brunswick County Registry,ion of the sale and reinstatement of OF THE BRUNSWICK COUNTY lieve the challenge to have merit,may
Save and except any releases, lievve the challenge to have merit,may to which map reference is hereby he loan without the knowledge of the REGISTRY, SAID LOT HAVING request the court to declare the sale to
deeds of release or prior convey- request the court to declare the sale to made and which is incorporated rustee. If the validity of•the sale is THE METES,BOUNDS AND LO- be void and return the deposit, The
antes of record, be void and return the deposit. The herein for greater certainty of hallenged by any party, the trustee, CATION AS SHOWN-ON SAID purchaser will have no further rem-
Said property is commonly known purchaser will have no further rem- description of said property. 'i their sole discretion, if they be- MAP.. edy.
i 3T East Oak Island Drive,Oak Is edy. Save and except any releases, eve the challenge to have merit,may Save and except any releases, Substitute Trustee
137D8 8 28465, Substitute Trustee deeds of release or prior convey- ';quest the court to declare the sale to deeds of release or prior convey Brock&Scott.PLLC
A cash deposit(no personal checks) Brock&Scott,PLLC antes of record. E void and return the deposit. The antes of record. 5431 Oleander Drive Suite 200
five percent(5%)of the purchase WI Oleander Drive Suite 200 Said property is commonly knowlrchaser will havb no further rem- Said property is commonly known Wilmington,NC 28403
-ice,or Seven Hundred Fifty Dollars Wilmington,NC 28403 as 576 Vela Path Southeast, Bo)lvi4y. as 128 Northwest 6th Street,Oak Is- PHONE:[phone]W
1} land,NC 28465. FAX:(910)392-M
A cash deposit(no personal checks) File No.:08-02653
TOWN OF CALABASH tot! BjD OF of five percent(5 of the purchase
rs May
price,or Seven Hundred Fifty Dollars
`` ADJ U STINT HEARING `a75000' whichever is greater,will be
NOTICE OF r��
PUBLIC HEARING SUNS' BEACH TOWN OF
Calabash Board COUNCIL,Notice Is hereby given that the COUNC CAMBERS CAROLINA SHORES
of Commissioners will hold the following public SUNSET BEACTOWN HALL 200 Persimmon Road
hearing on May 13, 2008, 7:OOpm, at Town Hall, Hearin was on 1nall Carolina Shores, NC 28467
882 Persimmon Rd., Calabash, NC. The pur- g g Y �duled for Thursday
pose of the hearing is to hear any comments on May 1, 2008 and is bein,cheduled for Thurs. MEETING NOTICE
the following. day May 15,,2008 at 9:d. Notice is hereby given that the Town of Carolina
A. Rezoning request of Tax ID# 241 00O20, 9081 The Board' of AdjustmeNill hold a hearing Shares Board of Commissioners will hold a Bud-
Beach Drive, from Residential-6 to Central Busi- on Thursday May 15, 2(It 9:00 am. Appeal get Workshop, Monday, May 5, 2008 at 9:00 a.m.
mess, of Building inspectors dtn for an accesso- in the Council Chambers of Town Hall.. The pur-
!lnfarrnatiemregardirlg the!pu blip helaringfis,,on?file�z =1 .ry--structurel.locatedt'ip th1 1.-Zoning,District. pose of this,rrie' eting iS1to discuss the proposed
With the Town Clerk and available 'at Town Hall Contact Sunset Beach Tdall for more infor- 2008-2009 Budget.
'during normal business,hours [phone]. mation. 910-579-6.297. Lisa H. Anglin
Kelley Southward Board olstment Secretary Deputy Town Clerk
interim Clerk Cindy Nelson
"r
s
CAROLINA DETAILS Pressure ----
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19754-756-a 640-8191 910-579-7982

Oat q Zq<3 D
MEMORANDUM
TO: File
FROM: Susan .Edwards
SUBJECT: Notice of IssJJuaance of Mining Permit
JQ
p� p-�y
A copy.-of the attached o ice of/Ise a ce o Mining Permit" was nt to
--
A listed in the, Affidavit of, Notification and any additi•ona-1 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•-i n.` the f i 1 e who --were-'sent thi s -"Not•i ce"-:
cc: Regional Engineer

INOTICFQF 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 F and R Development, Inc. to conduct mining activities off SR
1119 in Brunswick County. The mining permit(no. 10-45)was issued on June 5, 1998.
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 within_sisly(6Q)-d= 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 [phone].
You must serve the Department of Environment and Natural Resources by mailing a copy of
the petition to Mr. Daniel F. McLawhoM Registered Agent and General Counsel, Post Office Box 27687,
Raleigh,North Carolina 27611.
Charles H. Gardner
Director
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
This notice was mailed on9UM4., � 1<3qg
1g,
Susan Edwards
Mining Program Secretary
0

Y
O
s� 1730
JOHN BRYANT I
U �
CA
Zuc. a, r�r. 0 4
1- ENNIS
1119 PI O1ij 37' S5" W 105'"1 � SWAIN � � l� 1
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SITE r� M
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VICINITY MAP ' f
• 902,27'
GL
NOT TO SCALE 'k
ADA fi \., , / l STEPHEN
FULLWOOD ' Lu
C14 � �� / EXTANCE C�
SALT PINE R � U
-- ----•--•— --' "" J -"---"---- � � `\ tea__ / / � /
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KEVINM O R G A N �` L`� \` � \� � �� ~ 4
L
JOHN MIMS
lb5 u a o
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DOROTHY ��` JOHN MIMS ~� aorn �
k-�EWETT s� PARKER
,_.__� j HAROLD � Z z
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1
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I . 't•.•.:. •; ',•• •' .,� • •'• .. ,:: . :,.•: :N '�►��`V, -*,: - ti y y "• :,;• ,• .+. - ., y1 7 If MICHAEL 1 Z
TAYLOR
co
SAM BERNARD, JR JAMES
DAVID
c FULLWOOD ' • ,;, :• ff POPE
PROCESSING AREA/ .79 ACRE j \ . . ,,� MURLE
HAUL ROADS ': ; ~ •ti..' NJ HEATI I
EXCAVATION 6.71 ACRES ' I �Ba \ -_�_..__ ----- -
MINE / • 2 -� PARKED. � o i
" CARLTON '- 97090
STOCKPILES 0:50 ACRE 6E�' 1 _.
�SwE I 1 I Q
DES, JPN
5 'ba
8.0 ACRES JAMES FULLWOOD
TOTAL � S 33 o f'� k�'? ORwN. DMB
- f ass/ 40
JACOf3
MORETZ DATE
di I
CORDELL NATURAL GRADE
FULLWOOD i\/\//\// /\//\ --
// //\/\/\\ \ \ \� 2
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V 48+ W •
y � � � 4 / 8661 �' �l GA R Y 119�66
GAUSE : CROTTS = o
LEGEND
ESTHER BUSHPLAN
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MINE � STOCKPILE AREA MINE ARr A SIDE SLOPE DETAIL
�• . � ROGERS
NOT TO SCALE
APPLICANT: JOHN F. {RICKY) PARKER �

.. NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISiON OF,LAND RESOURCES
June 12, 1998
..JAMES H.HUNTJR.--,Wl_. .
`-GOVERNOR ,
Mr. John F. (Ricky)Parker, Jr.
F and R Development, Inc.
1861 Holden Beach Road, SW
Zllwa
Su i North Carona 28462
�WWQCDEYITT Pp y,
hjC ECRETARY,
? ' RE: F and R Development Mine
Mining Permit No. 10-45
Brunswick County
44iHl1�—BLEB N fGt ONER pqv 1 Lumber River Basin
RE..DDIRSCTOR
AND STATE GEOL06IBT •�
Dear Mr. Parker:
A mistake was made on the cover page of your recently issued mine permit
for the above referenced site. The permit number has been incorrectly given.
Your Mining Permit No. Is 10-45, not 45-10.
I have enclosed a new cover page. Please remove the incorrect cover page
and replace it with the new enclosed one to prevent future misunderstandings. I
t` apologize for your inconvenience.
ti Please contact me at [phone] if you have any questions regarding
. this matter.
F Sincerely,
RA Judith A. Wehner
6 Assistant State mining Specialist
r Land Quality Section
J W
r4, cc: Dan Sams, P.E.
t.i - 4 LAND QUALITY SECTION [phone] FAX[phone]
OL'OGICAL'SURVIY SCCrICH(919)'733-2423-FAX[phone] ^x-"
:� •s�.YV P.O.BOX 276871 RALEIGH,NORTH CAROLINA 2761 1•7687 TELEPHONE[phone] FAX(9t 9)71 5-8801
y-•�• AN EQUAL OPPORTUNITY/ArPI RMAVVE ACTION EMPLOYER-50%RECYCLED/10%POST-CONSUMER PAPER

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
Permissions hereby granted to:
F and R Development, Inc.
F and R Development Mine
Brunswick County - Permit No. 10-45
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 miring operation wi11 receive the greatest practical degree of protection and restoration.
MINING PERMIT'EXPIRATION DATE: June 5, 2008

- dl
a off' �
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL. RESOURCES
,�� � • .fin
DIVISION OF LANo RESOURCES
:NCDENR-.. r; June 9, 1998
:TAMES B.HUN7JR:�2r 1' Mr. John F. (Ricky)1 Parker, Jr,�S
„GoveRroR =. . F and R Development, Inc.
1861 Holden Beach Road, SW
Supply, North Carolina 28462
-WAYNE MCDEVITT"'-r .i Re. F and R Development Mine
,SECRETARY ••r.�1iS .fi
a r " ' Brunswick Countv
. K�, Yvr f ri Lumber River Basin
Dear Mr. Parker:
CHARLES H:GAROWER 'i
PG.,PE:a;Re�rot—i;'.� The application for a mining permit for the above referenced mine site has been found
AND STATE GEOLOGIST *: : to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the
•>>;'`.7 :>':.�' tx�:a required security to cover this application, I am enclosing the mining permit.
r r' The conditions of Mining Permit No. 1045 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 June 5, 2008. 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.
�a As a renunder,-,our permitted acreage and affected acreage for this site are both 8.0
acres,as indicated in the application and on the mine map dated March 18, 1997 and received
- _ `.--=( by the Land Quality Section on April 2, 1998.
Please review the permit and notify this office at (919) 7334574 of any objection or
7,, ) questions concerning the terms of the permit.
Sincerely,
Tracy E. Davis, F.E.
State Mining Specialist
Land Quality Section
TED/jw
-� Enclosures
cc: Mr. Dan Sams, P.E.
Ms. Barbara Rote-WRC, w/enclosures
Mr. Bradley Bennett-DWQ, Wenclosures l
` • - rt�e. LAND QUALITY SECTION (919)733.8ffi74 FA%(9t 9)733.2876
.....q�rw .... .. ati.� GEOLOGICAL SURVEY SECTION(919)733.2423 FA%(9t 91 733-0900
i } y
P.O.HOX 27687,RALEIGM,NORTH CAROLINA 2761 1.7687 TELEPHON9{919)733.3633 FA% [phone]
}`-a�Y- -•�"� " AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-SO% RECYCLE0/10% POST-CoNSUMER PAPER /

r
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
for the operation of a mining activity
In accordance withthe 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:
F and R Development, Inc.
F and R Development Mine
Brunswick County - Permit No. 45-10
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 PF,&M EXPIRATION DATE: June 5. 2008

• . Page 2 of 6
In accordance with the application for this mining permit, which is hereby approved by the Department of
Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the
approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for
the protection of the surrounding environment and for reclamation of the land and water affected by the
permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements
of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is
a separable obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another operator succeeds
to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or
otherwise, the Department may release the permittee from the duties imposed upon him by the conditions
of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the
successor operator, provided that both operators have complied with the requirements of the Mining Act and
that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not complying with
the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and
requirements of the Mining Act,the Department may give the operator written notice of its intent to modify,
revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The
operator shall have right to a hearing at 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 June 5, 200&
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 CONDITIQNS:
I. 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.
& Any stormwater runoff from the affected areas at the site shall be in accordance with any
applicable permit requirements and regulations promulgated by the Environmental Protection
Agency and enforced by the N.C. Environmental Management Commission. It shall be the
permittee's responsibility to contact the Stormwater Section, Division of Water Quality, to
secure any necessary stormwater permits or other approval documents.
2. A, Any mining process producing air contamination emissions shall be subject to the permitting
requirements and rules promulgated by the N.C. Environmental Management Comnssion and
enforced by the Division of Air Quality.

Page 3 of 6
B. Duringmining operations, water trucks or other means that may be necessary shall be 'g A Y rY utilized
to prevent dust from leaving the permitted area.
3. A. Sufficient buffer shall be maintained between any affected land and any adjoining waterway
or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected
land and to preserve the integrity of the natural watercourse or wetland.
B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in
accordance with the requirements and regulations promulgated and enforced by the N. C.
Environmental Management Commission.
4, 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, wetland 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.
C. Mining activities shall be conducted as indicated on the Site Plan received by the Land Quality
Section on April 2, 1998.
D. The haul road shall be paved or provided with crushed stone and properly maintained to
prevent tracking of soil onto Salt Pine Road.
5. All miring permit boundaries (8 acres) shall be permanently marked at the site on I00 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. A. Existing vegetation or vegetated earthen berms shall be maintained between the mine and
public thoroughfares whenever practical to screen the operation from the public.
B. A cable gate shall be installed and maintained at the access road/entrance to prevent
inadvertent public access.
9. Sufficient buffer(minimum 10 foot undisturbed)shall be maintained between any excavation and any
mining permit boundary to protect adjacent property.
10. &fuse 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 uDiess
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.

Page 4 of 6
B. Mining refuse as defined by G.S. 7449(14) of The Mining Act of 1971 generated on-site and
directly associated with the mining activity may be disposed of in a designated refuse area.
All other waste products must be disposed of in a disposal facility approved by the Division
of Waste Management. No petroleum products, acids, solvents or their storage containers .
or any other material that may be considered hazardous shall be disposed of within the
permitted area.
C. For the purposes of this permit, the Division of 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
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.
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 $7,300.00 surety bond
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.
M. 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.
f

• • Page 5 of 6
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 StandaEds As P[ovided By Q.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 CONDITIQNS:
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.
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to I vertical or flatter
to the water line and 2 horizontal to 1 vertical or flatter below the water line.
C. Any areas used for wastepHes, 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. IQ.A. through D.
E. The affected land shall be graded to prevent the collection of noxious or foul water.

7 • Page 6 of 6
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the following:
Permanent Seeding Specifications
Dates Species RatC- Lbs/Acre
February 15- April i Kobe Lespedeza 10
Bahiagrass 50
Redtop 1
Winter rye (grain) 15
April I- July 31 Common Bermuda 50
August I-October 25 Lespedeza (unscarified) 30
German millet 40
October 25- February IS Rye (grain- temporary) 120
Soil Amendments
Lime- 2000 Ibs/acre or follow recommendations from a soil test.
Fertilizer- 1000 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test.
Muich- All seeded areas shall be mulched using small grain straw at a rate of 2000
Ibs/acre and anchored appropriately.
In addition, the penmittee 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.
Permit issued this 5th day of June, 1998.
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

,
NORTH CAROLINA DEPARTMENT OF
K' ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LT.;
NCpE May 8, 1998
..r�JAMES S.HUNTJR. MEMORANDUM
GOVIXRNOR
TO: Charles Gardner, Director
Division of Land Resources
it' °°�"'o . THROUGH: Mell Nevils, Chief -(.'M r
SrCRZTARyp
Land Quality Section
a 9° a THROUGH: Tracy Davis, State Mining Specialist t p
HwRtt;9 N.GAR°TI D Land Quality Section
y,.PG.,P.E.DIRECTOR
A"°e''" ',Gs°'-°¢`e 01& FROM: Judy Wehner, Assistant State Mining Specialist
e Land Quality Section
°g' a RE: Mining Permit Application Review
F and R Development, Inc.'s
�= Proposed F and R Development Mine
Brunswick County
Recommendations: The staff of the Land Quality Section (LQS) has completed its
review of the above referenced application and recommends that it be approved
with certain conditions as provided for under G.S. 74-51. A draft permit
document is attached for your review and consideration.
a 1 Review Procedure: The staff of the Land Quality Section reviewed the permit
application which was submitted on February 24, 1999 and all supplemental
information filed subsequent to the initial application. Furthermore, the N. C.
Department of Cultural Resources-Division of Archives and History, the Division
of Water Quality, DENR, and the staff of the N. C. Wildlife Resources
Commission (WRC) were also afforded the opportunity to comment on the
proposal.
In addition to the governmental agency input noted above, a public hearing
was held on the proposal on April 14, 1998 at the Brunswick County
Commissioners'Hearing Room in the Brunswick County Government Complex in
Bolivia. A summary of the public comments was made by Mr. Andrew (Andy)
McCall, Hearing Officer. A copy of the summary was provided to you earlier
m
under separate cover and a copy is on file with the Land Quality Section.
ro "" p coc LAND QUALITY SECTION [phone] FAX(01$)733-2976
° G[OLOWCAL SURVEY SECTION 1019)733-2423 FAX[phone]
9
P.O.BOX 27687,RALEIGH,NORTH CAROLINA 2761 1-76a7 TELEPHONE[phone]S33 FAX(919)715-a8O1
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50%RECYCLED/10% POST-CONSUMER PAPER

Mr. Charles Gardner
Page Two
Findingg: All of the information obtained to date was reviewed with respect to G.S. 74-51 (1-7):
(1) "That any requirement of this Article or any rule promulgated hereunder will be
violated by the proposed operation;"
There is no evidence to suggest that the proposed operation will violate the Act as
there are over 500 sand and gravel mines presently under permit in the State that
comply with the requirements of the Act.
(2) "That the operation will have unduly adverse effects on potable groundwater
supplies, wildlife or fresh water, estuarine, or marine fisheries;"
The application and the Site Plan adequately addresses stormwater runoff from
disturbed areas - see Operating Condition No. 4. All drainage is to be diverted
internal to the pit.
Review comments were received from the Wildlife Resources Commission (WRC)
on March 30, 1998. The WRC had no comment on the application.
(3) "That the operation will violate standards of air quality, surface water quality, or
groundwater quality that have been promulgated by the Department;"
Operating Conditions Nos. I and 2 of the draft permit require, respectively, that
the operation comply with state water and air quality regulations.
The Groundwater Section (GS) was requested to review the mining permit
application. The GS had no comment on the application as proposed.
(4) "That the operation will constitute a direct and substantial physical hazard to
public health and safety or to a neighboring dwelling house, school, church,
hospital, commercial or industrial building, public road or other public property,
excluding matters relating to use of a public road;"
Appropriate buffers are provided for in the site plans. In addition, Operating
Condition Nos. B.A. and B. address screening and safety issues.
(5) "That the operation will have a significantly adverse effect on the purposes of a
publicly owned park, forest or recreation area;"

Mr. Charles Gardner
Page Three
This is not applicable as there are no such areas in close proximity to the proposed
mine site.
(6) "That previous experience with similar operations indicates a substantial possibility
that the operation will result in substantial deposits of sediment in stream beds or
lakes, landslides, or acid water pollution;"
The application and Site Plan developed for this site should provide adequate
protection to the surrounding environment.
Specific buffer zones and fill slopes have been addressed in the application,
incorporated into the site plan and included in the draft permit to provide adequate
protection against landslides at this site - see Operating Condition Nos. 3, 6 and 9
of the draft permit.
(7) That the applicant or any parent, subsidiary, or other affiliate of the applicant or
parent has not been in substantial compliance with this Article, rules adopted under
this Article, or other laws or rules of this State for the protection of the
environment or has not corrected all violations that the applicant or any parent,
subsidiary, or other affiliate of the applicant or parent may have committed under
this Article or rules adopted under this Article and that resulted in:
a. Revocation of a permit,
b. Forfeiture of part or all of a bond or other security,
C. Conviction of a misdemeanor under G.S. 74-64,
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64.
This is not applicable as the operator has no such prior mining violations in the
State.
Conclusion There is no evidence to indicate that the proposed operation will violate any part of
G.S. 74-51 (1-7)as outlined and reviewed above.
JW
Attachments
cc: Mr. Dan Sams, P.E.

} S
14 J.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
All Land section . . , .
-MCDENR :�.. '
JAM93 E_HUNTJR: F�4 MWL7�e
GOVERNOR ,
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WAYNE MC0KvlrTf
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CHARLIES H.GARON Phone, No.: .. ,.
P.G.,P.E.CIRECTOR I
AND STAT>;C',$OLOGI
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From: -
N:. •T:.fa Dine: . . T'Ime:
Com n ts:
You should be,razmv //g (S) (' cover sheet): r
you do not rec&e ag pages, ykase contact. sender @ 919/733-4574.
z$�,n ,r.. �re ..•- :t,,._.i•' ',•' -xie'�•A+,I�r•;•'ar 3-^t.+4P�:-• r� "-...—,_..alb.��.y�x+"•�psJ.�.'•.'..c.:irs4. 3�:w.#•+.:w�7c.,»�'i+r3t:ie.? _.t p o'�-•srS+�a'•t.-�h:.dF.:i..rsry...,.
LAND QUA4ITY SICYtON (918)7374574 FAX(91 @)7$3-2878 • '
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P.O.90X 278$7.RAL[IOif,NORTH CARO4INA 2761 I-78$T TILVMON[(919)7dJ„181, 'FAX[phone]E01
AN$QUAL OPPORTUNITY/A"i RMATIYI ACTION EMPLOYER-50% RECYCLEQII O%POST-CONSUMRR Pi.PRR

k
0
Author: "Carol Miller" <[e-mail]> at Internet
Date: 5/5/98 4:19 PM
Priority: Normal
Receipt Requested
TO: Judy Wehner at NROLRO1P
CC: dan—[e-mail] at Internet
Subject: Mine Reviews
------------------------------------ Message Contents ------------------------------------
MEMORANDUM
To: Judy Wehner
from : Carol Miller
Subject: Mine Reviews
F&R Development Mine,
Brunswick Co.
The Wilmington Regional Office has reviewed the mine application
for F&R Devel . and visited the proposed site. A new vicinity map
was submitted with the correct road name. We have no other
concerns or problems with the application.
G. G. Harwood
New Hanover Co.
The above application has been reviewed and field inspected.
Additional info. was requested by Judy. The County has indicated
that they will take action to restrict mining in this area as it is
not zoned for such. A copy of the County's letter was sent to the
Central Office on 5/4/98. Other than the fact that the figure for
the reclamation bond ( $400 ) seemed too low, we have no other
problems with the application.

4- .. , .... ♦ .U..-�.r w}+-. y..N'yr(„{1".!w?.'_...-.ty..(.�.ny."....ir.J�i+..rll'^n- •." ' ^ Y• t.- .�1 ti.•n- 'n - t. • .. • ✓'. ....r '
DATE TO ASSISTANT DATE TCOPSAN
LOGGED,IN
MINING CHECKLIST (
�CKLIST FOR ROUTING �y Q
. Company r+- e YAU f 7,�/1�-Gh.l Project Name
Permit No.l - County Date Received
Reviewer ITAU- rw,,-�
Please make copies of check to include with Central Office and
Field Office files and log in checks.
* ❑ New ❑ Renewal ❑ Modification ❑ Transfer ❑ Release
Additional Information ❑ Fee Needed
❑ Fee Received: Amount
Please route to:
"JI1?.Ul� Field Office Date Routed
❑ Wildlife Resources Commission Date Routed
* ❑ Archives and History Date Routed
❑ Other: Date Routed
Suspense Date for Comments: (Date received +30 days,
not on weekend)
XPlease note the following:
�IJ A� �
U
r
*SUSAN: Please make file and return Checklist and file to Reviewer
White Copy to Field Office Yellow and Pink Copies to File Goldenrod Copy to Susan

ANDREW & KUSKE � � John R. Andrew P.E.
CONSULTING ENGINEERS INC. J,A, Kuske, P.E.
APR 2 xg�� J. Phiili
902 Market Street p Norris, P.E.
Wilmington, NC 28401-4733 By 910-343-96531 FAX [phone]
LETTER OF TRANSMI
� To: Date: Job No.
j w 9-70g0
NC.bE"QR lai � Q Subject:
v�rE ARE SENDING YOU VIA -FAX TRANSMITTAL:, NUMBER OF PAGES
ATTACHED ❑ UND R SEPARATE COVER INCLUDING THIS TRANSMITTAL
❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS
n❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER Call 910-343-9653," if ;yo'u ;, have any difficulty
receiving this message.
COPIES DATE NO, DESCRIPTION
❑ AS REQUESTED ❑ FOR REVIEW AND COMMENT ❑ FOR APPROVAL
❑ FOR YOUR USE ❑ FORBIDS DUE ❑ YOUR PRINTS LOANED TO US
REMARKS:
CC: SIGNED
CONFIDENTIAL. AND PRIVILEGED: Information contained in this document is privileged and confidential, intended for the sole use of the
addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any
dissemination. distribution or copying of this document is strictly prohibited. If you have received this document in error please immediately
notify the sender and return to the address above.

.Fr..�^_T-mac•sxr.^�•'rr�.Y,.I ! i C•�_ J ' ��
• ::.�� rev' r�� 3 —.2�
yy NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
i L "TTT DIVISION OF LAND RESOURCES
February 25, 1998
NCDENR-:r-:
MEMORANDUM
JAMES 9.HUNTaR,•�
GOVERNOR ,:fir+,.�;.. TO: Mr. Bennett Wynne
" ~�s Habitat Conservation Program Coordinator hlgR '
Wildlife Resources Commission B 3 U 1998
WAYNEPa.DEVi"F,T � FROM: Susan B. Edwards
-SECRETARY, .-•:^r`t - Mining Program Secretary
r '-, Land Quality Section
- ;.
SUBJECT: Mining Permit Application Request for F & R Development, Inc.
GHARLri! GARDIVSR"' F & R Development Mine
P.G:,P.E:D1RHC[OR Brunswick County
AND$'TATB GEOLOGISTI`.,
Please find attached for your review a copy of the mining permit application for
+r
the above referenced project.
Please review this information and advise as to the probability of this operation
���- + �•i P tY P
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)).
�r* - Please respond by March 26. 1998 so that we may complete our review of this request
within our statutory time limits.
�
As is the case in our review of all miningpermit applications, renewals and p PF
modifications, this office will carefully review all proposed erosion and sediment
' J 1
'I 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 u a convenient date and time. Also lease send a co of our
��:�=�-•�-�--- q P , P PY Y
- �` comments to the person noted in the application. REIUM ALL AITLICATION
MATER11ALS AND V�IAPS WITH YOUR REVIEW COMMENTS TO THIS
OFFICE,
mot. b �•.Vi'l7 ..
.r -
-�, Your continued cooperation in the review of these type requests is greatly
appreciated. Please contact Ms. Judy Wehner at [phone] if you have any
questions.
Attachments
% cc: Mr, Dan Sams
-"`-�•-` <<'•• �`,�,, �f LAND QUALITY SECTION (9)9)733.4874 FAX[phone]
.} 3 :•te,:E r r
- ,,sititi' ; q.�/.�,�'�,=,�1(•^ � /��� � `�- GEOLOGICAL SURVEY SECTION(919)733-2423 FA%(919)7$3.0400
P.O.BOX 27687, RALKICH,NORTH CAROLINA 2761 1-7687 TELEPHONE[phone] FA%(919)7t5-88O1
a o �N EQUAL OPPORTUNITY/AFii R1A TIVE Ac710N EMPLOYER-s0% RECYCLED/10% POST-CONSUMER PAPER
V I'D -J -

wq
IAR 2 4 1998 MINE SITE REVIEW FORM
By ROJECT NAME: �
�Ct�rU?J
Assignment Date: Y--16 -� Requested Reply Date:
Assigned To: Approved By:
REVIEW ISSUES-
Watershed I Stream Name and Classification:
Comments:
PERMITS: Yl 7 9�
Is a NPDES Permit Required? Yes No
_Lz
NPDES Permit-Existing/Proposed Number:
Is a Non-Discharge Permit Required? Yes No
__LZ
Non-Discharge Permit Existing/Proposed Number: e
Comments:— jolt) QV
�„ 5
b1
ENVIRONMENTAL ISSU 3/
Is Wetlands Di rbed by the Activity? Yes No
Is a 401 Certification Requ1 Yes No
.I- N w
Comments: LtA S Nam/ 'L lIDAf—i F f1
w Z .TL NP.S 12FzE_5F_N 1. 12L DOES !V_51
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.I
STATE OF NORTH CAROLINA • CHARLES H. GARDNER
DEPARTMENT OF ENVIRONMENT DIRECTOR AND
AND NATURAL RESOURCES MEMORANDUM STATE GEOLOGIST
DIVISION OF LAND RESOURCES
DATE:
-� 8! p
TO: SUBJECT:

Mar. 23 '38 15:50 3000 FIWEVELOPIIENT TEL 1-91OW-4004
P, 1
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OBVAIOprrr@rr1,117C.
N.C.General Contracting License No.3D470 1861 HOLDEN BEACH RD.,SW
Limited C1d5s31icauon:Hipway:Pill;Water&Sewer Lines) St,PPLY,NC:2'8462
N.C.Pollution Control Operation C�mlicalion TELEPHONE,1910)042.4003
Subsurlacia Operator No,95 12043 FAX:f410)842.4004
FA
Date : 3f�sl
Subject : /1i�E SMrSSzoN
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AdWL
Brunswick County Planning
RO. Box 249
20 Referendum Drive N.E.
Bolivia, North Carolina 28422
February 13, 1998
John F. Parker,Jr.
186 Holden Beach Road
Supply NC 28462
Subject: Special Exception Permit 498-01 S Granted
Dear Mr. Parker:
On February 12, 1998, the Board of Adjustment for the County of Brunswick met and held a
public hearing to consider the following application:
Applicant. John F. Parker, Jr.
Property Location: Off Pine'free Circle and Salt Pine Road
Tax Map: 20000074
Proposed Use of Property: Sand Pit
Having heard all the evidence and arguments presented at the hearing,the Board finds that tale
application is complete, that the application complies with all applicable requirements of the
Brunswick County Zoning Ordinance for the development proposed, and that therefore, the
application to make use of the above-described property for the purpose indicated is hereby
approved, subject to all applicable provisions of the Zoning Ordinance and the following
conditions:
1. Operational hours 7:00 A.M.to sunset.
2. Buffer sufficient for sound around mining area.

Mar.23 '98 15:51 0000 FRWEVFLOPMENT TEL 1-9101W-4004 P. 2
1N WITNESS WHEREOF,the County has caused this pernut to be issued in its name and the
wldersigned, being all of the property owners of the property above described, do hereby accept
this Special Use Permit, together with all its conditions, as binding an thew and their successors
in interest.
COUNTY OF BRUNSWICK
Planning Director
Applicant
wner of Property
c: Facts Sheet
parker,0I s

tlar.23 '98 15:52 0000 F I�LOPMENT TEL 1-910— —4004 P. 3
Brunswick County Planning
P.U. Box 249
20 Referendum Drive N.E.
Bolivia, North Carolina 28422
FACTS-5BEF I
Applicalinn Number: 98.OIS
Tax Parcel Number: 20000074
1, Application has been fi W by Mr. John F.(Ricky) Parker of F&R Development, Inc.,for a Special
Uxception to allow a Sand Pit at the property identified as parcel number 20000074,adjoining
Pinc Tree Circle and Salt fine Road, Ocean fines Subdivision. Suction 4.101(1)), item I of the
Brunswick County Zoning Ordinance requires Board ofAdJustment Special L'xception approval
for the extraction of sand in a RU(Rural)yune.
2. 'I'lie tax parcel is 20000074,adjoining Pine Tree Circle and Salt Pine Road,Ocean Pines
Subdivision anti is caned Rural. The subject property is surrounded by Rural Zoning.
3. The applicant intends to operate a Sand Pit.
4. Building setbacks do not apply since no building is proposed for this site,
5. The applicant also has a access agreement !ur use of Pine Tree Circle and Salt Pine Road to his
property(See attached easement agreement).

-7S
qll - 73
All
I liv', 998
�vg
� � h pig NC.
�'I � - rya - arsg
as3- � rfo

MAR-23-199e 16:21 BRUNSWICK CO. SCHOOLS 910 253 2962 P.02iO3
i i
To.Tracy Davis
Judy Wehner,asst.Mining specialist
From_Maine L.Williams.Land owner
Ref, Mining application Clod by John F.(Ricky)Parker,Jr.
Please consider the following significant to the degree that a public hearing is called so that all land owners
on the attached list will have another opportunity to voice their concerns. I have been approached by more
the half the people on this list and asked to submit this request,as most of them did not understand their fast
notification.
Our concerns and listed below;
I......P.(S)Table not completed.....nor is there a reasonable facsimile.
2......P.(6)c.Proctection of natural resources
a and b,no documentation to support tltese answers.
c...excavation will extend below the water table.
d..this answer is only an estimate.There is no documentation to support the estimation,
e3f you answered yes to any of the above questions,Provide evidence that you have applied
for or are obtained the appropriate Water Quality Permit(s)(L e., non-discharge, NPDES ere)
from the Division of Environmental management, Water Quality Section.
................The applicant did answer yes to one of the above asked questions,However,the
applicant states that He has not applied for a Water Quality Permit. Additionally,
there is no evidence that dewatering will occur.Finally,the applicant did not concur
with the requirements of this section of the application,
3......P.(7)2,b.The applicant has not provided reasonable documentation the would indicate a sandy nature
of the soil. Much of the area is not sandy,it is muddy and pond like. Additionally there
is 180' distance between the excavation site and a home site.
3.......Question,How far south will this mine area progrss.the applicant does not specify.
4.......The applicants answer does not provide the information requested in the application,and
does not agree with the 1971 Mining Act regulations.
4,....P.(&).5.b. There we find the applicant talks about Potential wetlands,He previously stated the
soil was of it sandy nature.(see P.7b)
6.b. The applicant has indicated that the excavation will extend below the water table(p, 61 c)
based on that information,I am concerned about the effect on the neighboring dewelling
and water tables as most of the residents have well water.This excavation could have
and unduly adverse effect on the neighbors and the animals in the area. We have not been
presented with an evidence or documentation to detnomtrate otherwise.
The Application appears to be the unsupported opinion of the applicant.
The residents in the Cedar Grove Community have been burdened by two previous training
operations in our community,it is our opinion that we are becoming victims of some form
of discrimination.

MAR-23-1998 16;21 BRUNSWICK CO. SCHOOLS 910 253 2962 P.03/03
We are concerned that we arc not able to locate the following in the application;
--a mine map that includes;
---Outline of pits
-------outline of overburden disposal area
------outline of settling pond
-----Map legend
-----Name of company
----Name of mine
-----county Name
Additionally, we fine no carrelaiion between mine maps and the supposed reclamation plan.
If reclamation is to be accomplished concurrently with mining,I do not fine any documentation showing
segments that are to be mined and reclaimed during each year of the permit.
The reclamation plan does not conform to the Mining Act regulations and is not clear and sequentially
outlined. The lack of clarity impedes our ability to fully understand the effect this project will have on us.
Please consider the above statements as relevant written comments on the proposed mining application for
John F,(Ricky)Parker,Jr.,Filed 2./23/98
Ma a L.Williams, d owner
T77O1 A M7

.� . 46
BRUNSWICK COUNTY ADMINISTRATION
BRUNsw cic Courm GovERNmwrr Cuan
45 CoumousE Dww N.E.
$ouvik NORTH CARomA 284M TELEPHONE
n�c ApaREss: [phone]
PosT OFFice Box 249 [phone] (NC)
Bouvw NORTH CAROLINA 28422 FACSIMILE
[phone]
13 March, 1999
Land Quality Section
Division of Land Resources
North Carolina Department of Environment and Natural Resources j 866t T an
P. Q. Box 27687
Raleigh, NC 27611
Re: Parker Dirt Pit Request
Dear Mr. Gardner:
The County received notice on the 25`h of February, 1998, of the referenced mining permit
request, and as I understand the permitting process, there is a thirty-day period in which. the County
may request a public hearing. The Commissioners of Brunswick County would formally request that
such a public hearing be held in accordance with North Carolina General Statutes 574-51.
The land in this area is of tremendous concern to the Commissioners. The County is one
large alluvial plain, and the sensitivity and the porosity of these special soils has caused concern in the
past, and will continue to cause concern for years to come. The County has recently undergone a
massive hydro-geology study to determine a number of factors that will impact the development of
our County, if not limit some aspects of that development. One of our major concerns is the water
table, and the closeness of that table to the surface. It has a great impact on the placement of septic
tanks and water wells on property in this area. The County is deeply appreciative of the state's rules
seeking to protect this aspect of property.
For these and other important reasons, the County of Brunswick will formally request that
the Division conduct a public hearing on this reining operation. The County feels that the issues that
the operation raises are worthy of exploration and the sharing of knowledge on these and other issues
will clarify the problems, if there are any, for everyone.
If there is any way that the County of Brunswick can be of some assistance in this endeavor,
please call.
Sincerely yours,/
Jirnmy�r
County Manager
xc: Brunswick Commissioners

03/17/98 15:26 FAX [phone] B.C. ADMEN. 01
a
BRUNS. CO. ADM1N,
NOUCE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit IM
(b) a Mgdificati to add adjacent land to an existing surface mining permit
The applicant proposes to mine sand & tOPsOil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
offlnear road SR 1126/Stanley_Road_ in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDA,RIFS AND CORRESPONDING
ADJOU41NG LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a,public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. lea ate that the Department will i er relevant written
comr,,,lr entsldocumentation within the provisions of_the Mining Act of 1971,throughout t e ap liR cation review
process until a final derision is mad"n the_ap ligg 1gn.
Jimmy Varner, ommty Manager
P.4. Bcx 249 Bolivia, NC 28422
(Addressee's Name and Address)
February 23, 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker, -Jr.
(Name of Applicant)
1861 Bolden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

03/17/98 15:26 FAX [phone] B.C. ADMIN. R D2
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03/17/98 15:26 FAX [phone] B.C. ADMIN. i�03
ADJACENT LANDOWNERS
PARCEL# LANDO,MER PARCEL LANDOWNER
200 GB 083 Harold &Dixie Neidert 200 00 055 Dorothy Hewett
084 P.O. Box 333 1104 Cedar Grove Road, S.W.
085 Jim Thorpe, PA 18229 Supply, NC 28462
200 GB 082 Michael Taylor 200 00 055.01 Matbe Williams
529 Jones Street 1764 Percy Place Circle, S.W.
Stanley, NC 28164 Supply, NC 28462
200 GB 070 David & Lucy Pope 200 00 056 Sam Bernard, Jr.
069 2112 Stallings Road 1060 Cedar Grove Road, S.W.
Matthews, NC 28105 Supply, NC 28462
200 GB 098 Stephen J. Extance 200 00 057.06 Cordell Fullwood, et. al.
1080 Salt Pine Road 1975 Cordis Trail, S.W.
Supply, NC 28462 Supply, NC 28462
200 00 074 Lloyd & Gerthei Fullwood 200 00 D64.01 Edi .Gause
1126 Grissett Road, S.W. P.O. Box 559
Supply, NC 28462 Shallotte, NC 28459
200 00 057.01 James Fullwood, et ux. 200 00 064.02 Esther Lee Bush
.03 2521 Old Ocean Hwy E. 213 Meadow Lane East
Bolivia, NC 28422 Hubert, NC 28539
200 00 074.02 Curtis Bernard 200 00 068 George Ennis Swain
1387 Morgan Road, S.W. 210 Vamumtown Road, S-W.
Supply, NC 28462 Supply, NC 28462
200 00 054.04 Kevin Morgan, et al. 200 00 074.01 Janie &John Bryant
1134 Cedar Grove Road, S.W. 1210 Bryant Way, S.W.
Supply, NC 28462 Supply, NC 28462
200 00 054.02 Ada Fullwood 200 GB 067 Daniel & Merle. Heath
1150 Cedar Grove, S.W. 068 9321 Cliffdale Road
Supply, NC 28462 Fayetteville, NC 28314
200 GB 081 Jacob Moretz 200 GB 064 Norman &Clair Carlton
062 229 Wofford Circle 065 334 Brown Street
063 Lexington, NC 27292 066 Lexington, NC 27292
200 GB 086 John &Juanita Mims 200 00 066 Andrew Rogers, et. ux.
087 271 Stubby Oaks Road cJo Roy Rogers
088 Aberdeen, NC 28315 P,O. Box 17
089 Supply, NC 28462
200 GB 058 Gary & Pam Crotts
059 Route 9, Box 1409
060 Lexington, NC 27292

A�SwE n
Notch Carolina Department of Cultural Resources
James B.Hunt Jr.,Governor D' ' i ives and History
Betty Ray McCain 5ecrelaryte`1J: rector
Marcl- 12, 1998
MEMORANDUM MQR 1 7 {(�
Y 9g8
TO: Tracy E. Davis
Land Quality Section
Division of Land Resources, DENR
FROM: David Brook /
Deputy State His orlc P �lon
reserva Officer
SUBJECT: Application for Mining Permit
F&R Development Mine, Brunswick County
ER 98-8601
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
1
l
104 East Jones Street«Raleigh,North Carolina 27601-2807

.�.,.: ..ti.�..v:R,=,n.5,.. .+.^_Y`. row...-..•...r�`^, .,,,. -a.
DATE TO ASSISTANT DATEUSAN
. LOGGED �N
MINING CHECKLIST FOR ROUTING
Company f)(/19 f.-JP7 Project Name t e iizs,o�
-At�t
Permit No. County Date Received 42 .�
Reviewer 61AJi �✓ T
Please make 4pies of check to include with Central Office and
Field Office files and log in checks.
*ZNew ❑ Renewal ❑ Modification ❑ Transfer ❑ Release
r
❑ Additional Information ❑ Fee Needed
Fee Received: Amount P'�SOy�a
Please route to:
IZ"0-4 11A b Field Office Date Routed Q-Q5-q v
Wildlife Resources Commission Date Routed
Archives and History Date Routed
�z
Other: Date Routed
Suspense Date for comments; -2G O (Date received +30 days,
not on weekend)
zEf Please note the following:
W�tjA) I,U
5
a
*SUSAN: Please make file and return Checklist and file to Reviewer
White Copy to Field Office Yellow and Pink Copies to File Goldenrod Copy to Susan

NORTH CAROLINA DEPARTMENT OF
�. ENVIRONMENT AND NATURAL RESOURCES
%a DIVISION OF LAND RESOURCES
`tb• L y�
February 25, 1998
MEMORANDUM
n �
:�AJAI IES B.HUNTJR.
�,t RNOR � TO: Mr. Bennett Wynne
Habitat Conservation Program Coordinator
..� Wildlife Resources Commission
'. '
Isvl -
FROM: - Susan B. Edwards
ecRCR
1FT1NwYl�t¢ Tr `�;?-t
" Mining Program Secretary
sL*TAR �
Land Quality Section
SUBJECT: Mining Permit Application Request for F & R Development, Inc.
6AiLE$ RbN ,R ' F & R'DevelopmenMne
.Pc.,P�.,ott:ecTCR. Brunswick County
NN9STATE'GBOLOQIBT --
., ? r Please find attached for your review a copy of the mining permit application 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 March 26, 1998 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
1 control measures'to ensure that they are sufficient to restrain erosion and off-site
e
if 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
A 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. REEM ALL APPLICATION
MATERIALS AND MAPS-WITH YOUR RENUW COMMENTS TO THIS
-OFFICE,
Your continued cooperation in the review of these type requests is greatly
fr "' appreciated. Please contact Ms. Judy Wehner at [phone] if you have any
,�•. - - �„' questions.
r` I SBE
Attachments
cc: Mr.-Dan Sams
LAND QUALITY SECTION [phone] FAX[phone]
..yky. GECLOgICAL 5URV4Y 3EBTION(g19)733•$423 FAX[phone]t]
P.O.Box 27a07, RALEIGH. NORTH CAR OLINA 2761 1-7687 TELEPHONE[phone] FAX[phone]
• AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER•50%RECYCLEOII 0%POST-CONSUMER PAPER

F & R DEVELOPMENT INC. 9103
.PH.910-842-4003 FAX-910-842-4004
1861 HOLDEN BEACH RD.,S.W.
SUPPLY, NC 28462 f
J Gli-1 915M
oZ 'LG ll i 9q .. ps 2984
TO E
O R }� �S O.
ORDER OF. _1._ G �� OC-1
L 00
-- - --- O L L A R S CI,�T_.
NationsBank
NkionsBank,N.A.
' Carolinas
uP y
i-s-.s:r'r:i3inood�'imIIrr:®?'+=-`cs=-

John P. Andrew, P.E.
Andrew & Kuske J.A. Kuske, P.E.
CONSULTING ENGINEERS, INC. J. Phillip Norris,P.E.
902 Market St. • Wilmington, North Carolina 28401-4733 • Tel one 910/343-9653 • Fox 910/343-9604
February 23, 1998
FF8 2 4 1998
NC DENR / Land Quality By
P.O. Box 27687
Raleigh, NC 27611-7687
Attn: Ms. Judy Wehner, Asst. State Mine Specialist
Re: F&R Development Mine
Brunswick County
A&K Project No. 97090
Dear Ms. Wehner:
Enclosed for your review and approval is a mine permit application submittal package
for the subject project. We are providing an original and 3 copies of the permit
application, 4 plans, and a check for the $250.00 permit fee. 1
Please let us know if you have questions or comments, -or if you need additional
information. Thank you for your assistance on this project. i
Sincerely,
ANDREW & KUSKE
CONSULT ENGINEERS, INC.
J Phillip Norris, P.E.
JPN/sbs
enclosures
cc: Mr. Ricky Parker/F&R Development
97090-1

A&K #97090
NORTH CAROLINA MINING
PERMIT APPLICATION
#FtR
IF���
2 4 7998
By
State of North Carolina
Department of Environment, Health
and Natural Resources
Division of Land Resources
Land Quality Section
M O R T N C A R O L 1 M A
P R O d R A M
P.O. sox 27687
Raleigh, North Carolina 27611-7687
(919) 733-4574
i
,1
Revised 3/96

i
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name Of Mine F&R Development Mine Brunswick
- --- — County,
2. Name of Applicant* F&R Development, Inc.
73. Permanent address for receipt of official mail** 1861 Holden Beach Road, S.W.
Supply, NC 28462
Telephone [phone]
4. Mine Office Address 1861 Holden Beach Road, S.W.
Supply, NC 28462 910-842-4003
... , . - _ - _ Telephone
.;5. Mine Manager John F. (Ricky) Parker, Jr.
We hereby certify that all details contained in this Permit Application are true and correct to the hest
;of our knowledge. We fully understand that any willful ov representation of facts will be cause for
permit revocation.
�I
***Signature v' Date February 23, 1998
Print Name, John F. (Ricky) Parke Jr.
;Tide Owner
i
This will be the name that the mining pernut will be issued to and the name that must be indicated on the
that corresponds to this site.
* The Land Qualify 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 Da ment shall grant or denyan appplication for a permit within 60 days of
}.. receipt of a �tA application or, if a public hearing is held, within 30 days following the hea rin and the
filing of any supglernental information required by the Department. All questions must be addressed md all
�✓ _ required maps provided before this application can be considered complete. Attach additional sheets as
needed.
- - - - - - - -- - - - - - -- - _ - - - - - - _ -- - - - - - - - - - - -- _ - - _ - _ - - - - -- -- - - - - -

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 M1W be clearly conveyed on a corresponding,
r 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 hIM 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): 8.0
Of this acreage, how much is owned and how much is leased? Acres owned: 8.0 Acres
leased: 0 Property owner if leased: NIA
b. If this is an application for of a mining permit, indicate the mining permit number
and the total (overall)acreage covered by the existing permit: Mining Permit No.: N/A
Total permitted acreage (this is the acreage that the "renewal" fee will be
based upon): NIA
c. If this is an application for a MDDMCATIOLI to a mining permit, indicate the mining permit
number and the total (overall)acreage covered by the existing permit: Mining Permit
No.: NIA Total permitted acreage: NIA
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.: NIA
Total permitted acreage: NIA
■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT
TO BE PAID FOR THE REQUESTED PERMIT ACTIONS(S)AND CORRESPONDING ACREAGE
{ NOTED ABOVE
2. Indicate the approximate longitude and latitude, in degrees-minutes-seconds, of the center of the mine
site: LONGITUDE (dd-mm-ss): 282 - 16' -- Quadrangle: Holden Beach
LATITUDE (dd-mm-ss): 33° -- 5T -- 40"
3. Name of all materials mined: Sand & Topsoil_
-2-

APPLICATION FOR A MINING PERMIT
4. Mining method: Hydraulic Dredge Front-end Loader & Truck Shovel & Truck X
Dragline & Truck Self-loading Scraper Other (explain)
S. a. Expected maximum depth of mine (feet) 20' Reference elevation: existing grade
b. Expected average depth of mine (feet) �T
6. Has any area(s) at this site been mined in the past? Yes No X If no, proceed to Question 7.
a. Acreage of previously affected land(s) at present site that has not been reclaimed:
acres (identify all areas on your mine maps}).
b. When and by whom was this activity conducted.
c. Acreage of previously affected land at present site that has been reclaimed: acres
(identify all areas on your mine map(s)).
d. When and by whom was this activity conducted?
e. Do you wish to exclude any areas noted in 6a or c from this permit application?
Yes No . If yes, how much? acres (identify all areas on your mine map(s)).
7. Present (pre-mining) use of the land (estimate acreage for each):
Cropland acres Pasture acres Forestry 8.0 acres Fish/Wildlife acres
Recreation acres Other acres (Specify use:
8. Proposed land use after mining and reclamation has been completed (estimate cr�age for each):
Cropland acres Pasture acres Forestry acres Fish/Wildlife acres
Recreation acres Other acres (Specify use: )
9. Number of years for which the permit is requested (10 years maximum): 1-0 years
B. MAPS
1. Four (4) copies of the county highway maps and four (4) copies of all mine maps and reclamation
maps shall be submitted with each permit application.
County highway maps may be obtained from:
Location Department
State Highway Commission
Raleigh, [North Carolina 27602
[phone]
Clearly label and mark the location of your mining operation on the county highway maps.
-3-

i •
APPLICATION FOR A MINING PERMIT
�I 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, alining
permits can only be issued for up to 10 years; thus, all mine 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, gt 11 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..
gg 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 flood lain limits and wetland boundaries.
o. Names of owners of record, both public and private, of all adjoining land.
p. 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 must, at a minimum, 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
-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
Stockpiles
Wastepiles
Processing Area/Haul Roads
Mine Excavation
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
QUESTIONSISTATEMENTS THROUGHOUT THE FORM}. THIS APPLICATION WILL NOT
BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY
ADDRESSED ON THE MINE MAPS.
s
-5-

APPLICATION FOR A NIINING PERNUT
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 . If yes, briefly describe all such processes including any
chemicals to be used.
Y
b. Will the operaln involve discharging fresh or waste water from the mine or plant?
Yes No . 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).
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 dewaterin have on neighboring wells? 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. Indicate whether the proposed mine locale is
served by a public water system or private wells.
No wells are located within 500 feet of the proposed pit.
No impact on any wells is anticipated due to distance to wells
and depth of excavation.
d. If the mine will extend below the water table, what is the pre-mining depth (in feet) to the
seasonal high and low ground water tables? High 4 ft. Low B ft. What is the source
of this information?
Estimate based on soil types and hand auger holes.
e. 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, etc.) from the
Division of Environmental Management, Water Quality Section.
ti
No permit has been applied for. No dewatering will occur.
-6-

• i
APPLICATION FOR-A MINING PERMIT
2. 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 Environmental Management, Air Quality Section, or
local governing body.
b. How will dust from stockpiles, haul roads, etc., be controlled?
Due to sandy nature of soils, dust is not anticipated to be a problem.
Also, buffer distances to inhabited areas are extensive.
3. Describe in detail the chronological sequence of land disturbing activities and reference the sequence
to the mine map(s). Attach additional sheets as needed.
Mine borrow area will be cleared and grubbed. Mining will begin
at the north end of the mine area and progress to the south. Area
will be reclaimed when mining operations are finished.
a. Describe specific erasion control measures to be installed prior to land disturbing activities and
during mining to prevent offsite sedimentation (include s�rec fic plans for sediment and erosion
control for mine excavation(s), waste piles, accesslmine 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 maps) 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 entire mine site will be surrounded by an existing vegetated
buffer to act as a filter for any surface sediment movement. Since
The mine is a pit, movement of sediment from the pit will be negligible.
-7-

• i
APPLICATION FOR A MINING PERMIT
5. a. How wide a buffer will be maintained between any mining activity and any adjoining permit
boundary or right-of-way? Buffers must be located within the permit boundaries. Buffers along
permit boundaries must be, at a minimum, unexcavated buffers. Show all bu,�`er locations and
widths on the mine map(s).
1
A minimum buffer of 180 feet will be maintained.
b. How wide a buffer will be maintained between any land disturbing activities within the permit
boundaries and any natural watercourses and wetlands? Buffers along natural watercourses and
wetlands must be undisturbed. Show all buffer locations and widths on the mine map(s).
No natural watercourses exist on the property. At least a 200 foot
buffer will be maintained between the mane and potential wetlands.
6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries
during mining.
Side slope excavations will not extend 2 to 1. Wide enough buffers
exist between the mine and adjacent property lines to ensure no
violation of boundaries.
b. 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 is located at a sufficient distance from any existing
neighboring structures, etc. to disallow any physical hazard to them. No
blasting or vibratory equipment is to be used.
-8-

APPLICATION FOR A MINING PERNIIT
c. 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 detaillcross-
section and location of each type of barricade to be used must be indicated on the mine map(s).
A cable gate is located at the intersection of the existing access road,
Salt Pine Road. This is approx. 500 feet fran the mine area.
d. Provide a cross-section on the mine maps)for all fill slopes (berms, wastepiles, overburden
disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any
benches and/or slope drains (with supporting design information) if needed, and the method of
final stabilization.
A side slope of 2 to 1 or flatter will be maintained.
e. 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).
N/A
f. 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.
N/A
7. Are acid producing minerals or soils present? Yes No x How will acid water pollution
from the excavation, stockpiles and waste areas be controlled?
-9-

APPLICATION FOR A MMUNG PERWr
8. 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
measures. Show the location of all visual screening on the mine map(s) and provide cross-sections
through all proposed berms or proposed spacings, sizes and species for tree plantings.
The mine is located approx. 500 feet from any public road and is
naturally screened by woods.
9. Will explosives be used? Yes Nc X If yes, specify the types of ex losive(s) and describe
what precaution(s) will be used to prevent physical hazard to persons or neighboring roperty from
flying rocks or excessive air blasts or ground vibrations. Locate the nearest offsite occupied
structures) to the proposed excavations) on the mine map and indicate its approximate distance to
the proposed excavation.
10. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes No -X . If yes,
describe these materials, how they will be stored and method of containment in case of spill.
indicate the location(s) of all storage facilities on the mine map(s).
11. Are any processing waste, overburden or other such mine wastes to be disposed of off-site?
Yes No X . If yes, describe in detail what these wastes are and how they will be disposed.
Attach a separate site map(s) showing the location(s) of the disposal area(s). Include all
specifications for erosion and sediment control.
-10=

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 general methods to be used in reclaiming this land. This information must be illustrated
on a reclamation map and must correspond directly with the information provided on the mine
map(s).
The area will be reclaimed as a wooded area with soil road access. Pit
banks will be grassed and allowed to revegate with naturally occurring
tree and shrub species. Haul roads will remain for access to the area for
future timbering purposes.
2. a. 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-sections) through the proposed body(s) of water. The minimum
average water depth must be at least 4 feet 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, bass and catfish.
b. Describe provisions for prevention of noxious, odious or foul water collecting or remaining in
mined areas. Provide details and locations of any permanent water outlets on the reclamation
map.
No noxious, odious or foul water is anticipated to collect in the mined
area due to nature of operation. Area will be left as lake.
-11-

APPLICATION FOR A MINING PERMIT
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. Construction details and locations of
_ all permanent barricades must be shown on the reclamation map.
N/A
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
for such areas must be provided on the reclamation map.
No significant amounts of overburden, etc. are anticipated.
5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways.
stockpile areas will be grassed and allowed to revegetate -with naturally
'occurring trees and shrubs. Haul roads will remain for access to the area.
b. Will any on-site roadways be left as part of the reclamation? Yes X No . If yes,
identify such roadways on the reclamation map and provide details on permanent ditch line
stabilization.
Due to sandy nature of the soils no side ditches are.anticipated.
-12-

i
APPLICATION FOR A MINING PERMIT
6. Describe the method of reclamation of settling ponds and/or sediment control basins.
N/A
7. 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 generated waste shall be disposed of on the mine site without Pri written approval
from the NC Department of Environment, Health, and Natural Resources, Land Quality
Section and either the Division of Solid Waste Management (DSWM) or local governing body.
If a disposal permit has been issued by DSWM for the site, a copy of said permit must be
attached to this application. All temporary and permanent refuse dis osal areas must be clearly
delineated on the mine maps) and reclamation map, along with a list a items to be disposed in said
areas.
No significant amounts of waste products are anticipated for this
operations. Any wastes generated will be disposed of off-site in
accordance with local, state and federal. regulations.
$. Indicate the method of restoration or establishment of any permanent drainage channels to a condition
minimizing erosion, siltation and other pollution. Provide design information, including typical
cross-sections, of any permanent channels to be constructed as part of the reclamation plan. Indicate
the location(s) of all permanent channels on the reclamation map.
N/A
9. Provide a schedule of reclamation that indicates the sequence of reclamation and approximate time
frame. If reclamation is to be accomplished concurrently with mining, then clearly indicate on the
mine map(s) and reclamation map each segment that is to be mined and reclaimed during each year
of the permit. Add drawings showing typical cross-sections and final features of the proposed
reclamation.
Reclamation will occur concurrently as pit area expands.
-13-

• •
APPLICATION FOR A MIMNG PERMIT
10. 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. Revegeaation
utilizing only tree plantings is not acceptable. NOTE: The Revegetation Plan must be approved
and signed by one of the following:
a. Authorized representatives of the local Soil and Water Conservation District;
b. Authorized representatives of the Division of Forest Resources, Department of Environment,
Health, 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, Health, and Natural Resources;
f. Others as may be approved by the Department.
LIME - RATE OF APPLICATION (tons/acre):
1h tans per acre
FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre):
10-10-10 Fertilizer applied at 500 lb./acre
SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING
SCHEDULE (pounds/acre):
Pensacola .Bahragrain 50 lb./acre
Sericea Lespedeza 30 lb./acre
Carrion Berrnudagrass 10 ]b./acre
German Miller 10 lb./acre
MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF
ANCHORING: Apply 2 tons per acre of grain straw, anchor by tacking with
emulsified asphalt, roving, netting, or crimping.
OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING
SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc):
After vegetative cover is established, area will be allowed to return to
natural condition by na al reforestation.
Revegetati ref ppr by:
Signatu Date 2 2 3
Print ame John Phillip Na s
Tltl Professional Engineer ,
CA RO %,.
Agency Andrew & Kuske Consulting Engineers, Inc. :��•`�4,��` `�y++r.
.` SE4
-14- = 1196E a

APPLICATION FOR A MTQNG PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation werksheet is to be used to establish an appropriate bond (based upon a
range of$500 to $5,000 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.
i n the q2i2wRnatecl
r w'
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COSTIACRE COST
Tailings/Sediment Ponds 0 Ac. X $ 500 /Ac. = $ 0
Stockpiles 0.50 Ac. X $ 1,800 /Ac. = $ 900.00
Wastepiles 0 Ac. X $ 2,000 /Ac. ._ $ 0
Processing Area/Haul Roads 0.79 Ac. X $ 11800 /Ac. = $ 1,422.00
Mine Excavation 6.71_ Ac, X $ 500 /Ac. = $ 3,355.00
Other 0_ _ Ac. X $ 0 /Ac. = $ 0
TOTAL AFFECTED AC.: 8.0 Ac.
Temporary_& Permanent SedimgnlAfian & Erosion Qpntrol 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, measures will
be needed to prevent offsite sediment.
a) Internal Drainage 7.71 Ac.
b) Positive Drainage 0_,29,-_ Ac. X $1500 / Ac. _ $ 435.00
SUBTOTAL COST: $ 6,112.00
Inflation Factor:
0.02 X SUBTOTAL COST: $ 6,112.00 X Permit Life (1 to 10 years): 10
INFLATION COST: $1,222.40
TOTAL COST W SUBTOTAL COST + INFLATION COST = $ 7,334.40
TOTAL RECLAMATION BOND COST: - $ 7,300.00
(round down to the nearest $100.00)
-15- r 4)jq�

•
APPLICATION FOR A MINING PERNUT
F. NOTIFICATION OF ADJOINING LANDOWNERS
The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered
mail to all landowners who are adjoining (contiguous to) the permit boundaries as indicated on the
mine map(s). The only exception to the above is if another means of notice is approved in advance by
the Director, Division of Land Resources.
A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed
"Notice" form (the proposed overall permit boundaries and the names and locations of all owners
of record of land adjoining said boundaries must be clearly denoted on the tax map).
The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to
the Department, with the remainder of the completed application form, before the application will be
considered complete.
NOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW
MINING PERMITS A FOR PERMIT MODIFICATIONS THAT ADD ADJACENT
LAND TO A MINING PERMIT.
■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF
NOTIFICATION"
-16-

NOTICE
_ Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit In
(b) a modification to add adjacent land to an existing surface mining permit ❑
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road . SR 1126/Stanley Poad - in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30)days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
si-nificant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
oFthe 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the DgRartment will consider any relevant written
comments/documentation within the provisions of the Mining Act of 1971 throughout the applicati n review
process until a fingl decision is made on the application
Jin[ny varner, County Manager
P.O. Box 249 Bolivia, NC 28422
(Addressee's Name and Address)
Februaa 23, 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker Jr.
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17- .

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit 29
(b) a modification to add adjacent land to an existing surface mining permit
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road SR 1126/Stanley Road in _Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
ofthe 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the De meat will consider any relev t written
comments/documentation within the provisions of the Mining Mi6ng Act-of1971 thr uphout the aRl ation review
process until a final decision is made on the application.
Harold & Dixie Neidert
P.Q. Box 333 Jinn Thorpe, PA 18229
(Addressee's Name and Address)
February 23, 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker, Jr. -
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit
(b) a modification to add adjacent land to an existing surface mining permit
The applicant proposes to mine sand & topsoil on 8.4 - acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road SR 1126/Stanley Road in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PER UT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
ofthe 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please DWe that the Department will consider any relevant written
om ents/documglltation within the provisions of the Mihing Act of 1971 thr u hout the applica6on review
rocess until a final decision is made-a the a licatio
Michael Taylor
529 Jones Street Stanley, NC 28164
(Addressee's Name and Address)
February 23 1998
{Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ri ) Parker Jr.
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of.Applicant)
-17-

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit
(b) a modification to add adjacent land to an existing surface mining permit
The applicant proposes to mine ' sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road SR.1126/stanley Read in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
sianifirant public interest exists relative. to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the Department will consider any relevant written
corn men tsldocu en lion within--the-provisionsof the Mining Act gf 1971 r uF—hout the application review
process until„a final decision is made on the application
David & Lucy Pope
2112 S-allings Road Matthews, NC 28105
(Addressee's Name and Address)
February 23, 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker,-Jr.
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

NOTICE
- Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit IN
(b) a modification to add adjacent land to an existing surface mining permit
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road SR 1126/Stanley Road in Brunswick Count
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
si nificant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the ]2ppartment will consider any relevant written
c mments/docume tation within the-provisions of the Mining Act of 1971 throughout the aRgthegtion review
process until a final decision is made on-thLapplicatio
Stephen J. Extance
1080 Salt Pine Road Supply, NC 28462
(Addressee's Name and Address)
FFebruarT 23, 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker Jr.
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 199E
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit
(b) a modification to add adjacent land to an existing surface mining permit
The applicant proposes to mine sand & topsoil on 8.a acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road SR 1126/Stanley Road in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please ngte that the Dopartment will c nsider an relevant written
comments/documentation within the provisions of the Mining Act of 1971 throughout t e appication review
r cess until a final decision is made on the application,
Lloyd & Gerthel Fullwood
1125 Grissett Road, S.W. Supply, NC 28462
(Addressee's Name and Address)
February 23 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker, Jr. —_ -
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit in
(b) a modification to add adjacent land to an existing surface mining permit
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road _ _ SR 1I25/Stanley Road in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate re Tonal office. For further information
call [phone]. Pleasr, note that the Dg ment wil consider an relev t writte
comments/documentation within the provisions of the Mining—Act of_1971 throughou,t t e application review
process until a final decision is made on the application.
James Fullwood, et. ux.
2521 Old Ocean Hwy E. Bolivia, NC 28422
(Addressee's Name and Address)
February 23, 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker, Jr.
A �
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit 29
(b) a modification to add adjacent land to an existing surface mining permit
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road SR 1126/Stanley„ Road in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOE41NG LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the De ment will consider any relevant written
comments/documentation within the 12rovision5 oche Mining Act of 1971 throughout the application review
process until a final decision is made on the application.
Curtis Bernard
1367 Morgan Road, S.W. Supply, NC 28462
(Addressee's Name and Address)
F&XUaKy 23 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker, Jr. --
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit Pq
(b) a modification to add adjacent land to an existing surface mining,permit 13
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road SR 1126 Staple Road in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
AD,f OUgNG LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
ofthe 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that he Dggartment will consider an relevant written
comments/documentation within (he provisions of the Mining_Act Qf 1971 throughout tk ap4lication review
process until a final decision is made on the application.
Kevin Morgan, et.al.
1134 Cedar Grove Road, S.W. Supply, NC 28462
(Addressee's Name and Address)
February 23, 1998 _
(Date of Issuance of this Notice/Mailed to Addressee).
M John F. (Ricky) Parker, Jr. —
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

•
NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23► 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit
(b) a modification to add adjacent land to an existing surface mining permit
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road _ SR II25/Stanley goad in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirt (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
ofthe 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the De meet will consider an relevant written
comments/documents ion within the rovisi n of he M'nin Act of 1 71 throw bout tea lication review
process until a final d ision is made on the a lication
Ada Fullwood
1150 Cedar Grove, S.W. Supply, NC 28462
(Addressee's Name and Address)
February 23, 1998
(Date of Issuance of this Notice/Mailed to Addressee),
John F. (Ricky) Parker, Jr.
(Name of Applicant)
1861 Holden Beach load, S.W. Supply, NC 28462
(Address of Applicant)
-17-

• i
NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit eg
(b) a modification to add adjacent land to an existing surface mining permit
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road SR 1126/Stanley Road in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDAREES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-500 the mine operator is required to make a reasonable effort to notify all
owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the Department will consider an relevant written
comments/documen t' n within the provisions of he Min' Act of 1971 throw h ut tea li tion review
process until a final decision is made on the application.
Jacob Moretz
229 Woffozd Circle Lexington, NC 27292
(Addressee's Name and Address)
February 23, 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker Jr.
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

I
NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit
(b) a modification to add adjacent land to an existing surface mining permit F-1
The applicant proposes to mine sand & topsail on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
offlnear road _ _SR 11261Stanley Road in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the De artment will consider an relevant written
c mments/documentation within the 2rovisions of the Mining Act of 1 7 rou hout t e application review
process until a final decision is made on the apRlicatiQn�
John & Juanita Mims
271 Stubby Oaks Road Aberdeen, NC 28315
(Addressee's Name and Address)
- February 23, 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker, Jr._
(Name of Applicant)
1861 Bolden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit Pq
(b) a modification to add adjacent land to an existing surface mining permit
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road _ SR 1126/Stanleev Road in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please ngte that the Dgpartment will consider any relevant written
comments/documentation within the provisions of the Mining Act of 1971 throughout the application review
process until a final decision is made on the application
Gary & Pam Crotts
Route 9, Box 1409 Iexington, NC 27292
(Addressee's Name and Address)
February 23, 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker Jr.
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit In
(b) a modification to add adjacent land to an existing surface mining permit 13
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road SR 1126/Stanley Road in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOrq]NG LANDOWNER NMY ES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review durin normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that he De artment will consider an relevant written
comments/documentation within the provisions,of the Mining Act of 1971 thr9ughout t e ap ication review
process until a fingLdecision is_made_on the application.
Dorothy Hewett
1104 Cedar Grove Road, S.W. Supply, NC 28462
(Addressee's Name and Address)
Febru 23 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker Jr.
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a aew surface mining permit 29
(b) a modification to add adjacent land to an existing surface mining permit
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town) "—
off/near road SR 1126 stanle Road in Brtunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERNIIT BOUNDARIES AND CORRESPONDING
ADJOIIYING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review duringnormal
business hours at the above listed address as well as at the appropriate regional ofice. For further information
call [phone]. Please note that the De ment will consider any relevant written
commen s/documentation within the provisions of the Mining Act of 1971 hTOUghput the application review
process unlil_a final decision is made on the application.
Mattie Williams
1764 Percy Place Circle, S.W. Supply, NC 28462
(Addressee's Name and Address)
FebruEy 23, 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker, Jr.
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

• i
NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit
(b) a modificati to add adjacent land to an existing surface mining permit
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road SR 1126/Stanley Road in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the tiling of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
ofthe 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the De ment will consider an relevant written
commen s/documentation within thr, provisionsofth-e Mining Act of 1971 throu ho the applioLon review
process until a final decision is made on the application,
Sam Bernard, Jr.
1060 Cedar Grove Road, S.W. Supply, NC 28462
(Addressee's Name and Address)
—FebruM 23 1998
(Date of Issuance of this Notice/Mailed to Addressee),
John F. (Ricky) Parker, Jr.
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. -(Risky) Parker, Jr. has applied on February 23► 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit In
(b) a modificatioln to add adjacent land to an existing surface mining permit
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road _ _ SR 1126L[Stanley Road in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERNUT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review d uring normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the De artment will consider an relevant written
comment /documentation within the rovision of he Mining Act 1 7 e a throughout t li tion review
roce s unlit a final dr&ision is made on the application,
Cordell Fullwood, et.al.
1975 Cordis Trail, S.W. Supply, NC 28462
(Addressee's Name and Address)
February 23, 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker, Jr.
(Name of Applicant)
1861 Holden Beach load, S.W. Supply, NC 28462
(Address of Applicant)
-17-

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit IN
(b) a modification to add adjacent land to an existing surface mining permit 13
The applicant proposes to mine Sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road SR 1126/Stanley Road in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
oFthe 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate re ional office. For further information
call [phone]. Please note that the Department wit , consider any relevant written
comments/documentation within the rovi i of the Mining Act of 1971 throw ho t the application review
process u til a final decision is made on the a22amtion,
Edie Gause
P.C. Box 559 Shallotte, NC 28459
(Addressee's Name and Address)
February 23, 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker Jr.
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit In
(b) a modification to add adjacent land to an existing surface mining permit
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road _ SR 1126/Stanl.ey Road in Brunswick County
'(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the ftartment will- consider a& ai2licafion
relevant written
comments/documentatign within the provisions of the Mining Act of 1971 throughout review
process until a final dgrision is made on the application.
Esther Lee Bush
213 Meadow Lane East Hubert, NC 28539
(Addressee's Name and Address)
February 23, 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker, Jr.
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

•
NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr, has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one);
(a) a new surface mining permit
(b) a modification to add adjacent land to an existing surface mining permit
The applicant proposes to mine ' sand & topsoil on B.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road _ _ _ 5R_ 1126/Stanley Road _ in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARYES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30)days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review durin normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the De art ent will consider anv relevant written
comments/documentation within the provisions of the Mining Act of 1971 throu hout the gpplication review
rocess until a final decision is Made on th application,
Gorge Ennis Strain
210 Varnumtown Road, S.W. Supply, NC 28462
(Addressee's Name and Address)
February 23, 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker, Jr_.
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr, has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one).
(a) a new surface mining permit
(b) a modification to add adjacent land to an existing surface mining permit
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road SR 1126/Stanley Road in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERNIIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the De artment will consider any relevant written
pomments/documentation within the provisions of the Mining Act of 1971 throughout The application review
process until a Final decision is made on the application,
Janie & John Bryant
1210 Bryant Way, S.W. Supply, NC 28462
(Addressee's Name and Address)
February 23 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker, Jr.
{Name of Applicant)
1861 Holden Beach road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit 29
(b) a modifigAtion to add adjacent land to an existing surface mining permit ID
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road SR 1126ZStanley Road in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PE MT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30)days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
ofthe 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please n9te that the De art ent will consider any relevant written
commentstdocumentation within the provisions of the L4ining 6ct of 1271 throughout Lhe application review
process„until a final decision_is made on the application.
Daniel' & Merle Heath
9321 Cliffdale Road Fayetteville, NC 28314
(Addressee's Name and Address)
February 23 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker Jr.
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit In
(b) a modification to add adjacent land to an existing surface mining permit
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road _ SR 1126/Stanley Road in Brunswick County
(Road Number/Name) (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
of the 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during, normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the Department will consider gov relevant written
omments/docu men tation within the provisions of the Mining Act of-1271 throughout the application review
process until a final decision is made on the application
Norn,an & Clair Cdrlton
334 Brown Street Lexington, NC 27292
(Addressee's Name and Address)
February 23, 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker, Jr.
(Name of Applicant)
1861 Holden Beach Read, S.W. Supply, NC 28462
(Address of Applicant)
-17- .

•
NOTICE
Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that
John F. (Ricky) Parker, Jr. has applied on February 23, 1998
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health,
and Natural Resources, P. .O. Box 27687, Raleigh, North Carolina 27611, for (check one):
(a) a new surface mining permit
(b) a modification to add adjacent land to an existing surface mining permit 0
The applicant proposes to mine sand & topsoil on 8.0 acres located
(Mineral, Ore) (Number)
3.5 north of Holden Beach
(Miles) (Direction) (Nearest Town)
off/near road _ SR 1126/Stanley Road in Brunswick County _
(Road Number/Name) - (Name of County)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOUgNG LANDOWNER NAMES AND LOCATIONS*
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 (contiguous) to the proposed mine site (permit boundaries), and to notify
the chief administrative officer of the county or municipality in which the site is located. Any person may file
written comment(s) to the Department at the above address within thirty (30)days of the issuance of this Notice
or the filing of the application for a permit, whichever is later. Should the Department determine that a
significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end
ofthe 30-day comment period specified above.
A copy of the permit application materials are on file and available for public review during normal
business hours at the above listed address as well as at the appropriate regional office. For further information
call [phone]. Please note that the Department will consider any relevant written
comments/documentation within the provisions of the Mining Act of1971 th ughout the application review
process until a final decision is made on the application,
Arndrew 1%>gers, et .. ux. c/o Ray Rogers
P.O. Box 17 Supply, NC 28462
(Addressee's Name and Address)
February 23, 1998
(Date of Issuance of this Notice/Mailed to Addressee).
John F. (Ricky) Parker, Jr.
(Name of Applicant)
1861 Holden Beach Road, S.W. Supply, NC 28462
(Address of Applicant)
-17-

I
APPLICATION FUR A Mr4ING PERMIT
AFFIDAVIT OF NOTffICATION
I, John F. . (Ricky) Parker, Jr. , an applicant, or an agent, or employee of an applicant,
for a new Mining Permit, or a modification of are existing Mining Permit that adds adjacent land to the Mining
'Permit, from the N.C. Department of Environment, Health, and Natural Resources, being first duly sworn,
do hereby attest that the following are known owners of record, both private and public, of the land adjoining
`the proposed mining permit boundaries and that notice of the pending application has been caused to be mailed-,
'by certified or regtst�red mail, to said owners of record at their addresses shown below, such notice being
given on a form prodded by the Department: '
(Adjoining Landowner Name) (Address)
(SEE AMMED LIST)
(Attach additional list if necessary)
I do also attest that the following individual is the chief administrative officer of the county or
municipality in which the proposed mining site is located and that notice of the pending application has been
;caused to be mailed,Eby certified or registered mail, to said office at the following address:
(Chief Administrative Officer Name) (Address)
J" Varner, Caen Manager P.O. Box 249 Bolivia, NC 28422
The above attestation was made by me while under oath to rovide proof satisfactory to the Department
that a reasonable effort has been made to notiffyy the owners of record of the adjoining land and the chief
administrative officer of the county or municipality in compliance with N.C.C.r.S. 74-50 and 15A N.C.A.C.
5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing
that the above notices were caused to be mailed and to provide them to the D artment upon request,
Date ' nature of Afolicant
If person executing Affidavit is an agent or employee of an applicant, provide the following
information: (Name of applicant) ; (title of person
executing Affidavit)
I, Susan B. Sheffield , a Notary Public of the'County of New Hanover
State of North Carolina, do hereby certify that John F. Ric Parker Jr.
personally appeared before me this day and under oath acknowledged that the above Affidavit was
made by him/her.
Witness my hand and notarial seal, this 23rd day of Feb , 1928
Ny /
Diary
My Commission expires: July 23, 2002 __
,aae Ci
-

ADJACENT LANDOWNERS
PARCEL LANDOWNER ;' PARCEL# LANDOWNER
lj 200 GB 083 Harold & Dixie Neidert / 200 00 055 Dorothy A � Y Hewett
084 P.O. Box 333 1104 Cedar Grove Road, S.W. .
085 Jim Thorpe, PA 18229 Supply, NC 28462
200 GB 082 Michael Taylor 200 00 055,01 Mattie Williams
529 Jones Street 1764 Percy Place Circle, S.W.
Stanley, NC 28164 Supply, NC 28462
200 GB 070 David & Lucy Pope 200 00 056 Sam Bernard, Jr.
069 2112 Stallings Road 1060 Cedar Grove Road, S.W.
Matthews, NC 28105 Supply, NC 28462
200 GB 098 Stephen J. Extance 200 00 057.06 Cordell Fullwood, et. al.
1080 Salt Pine Road 1975 Cordis Trail, S.W.
Supply, NC 28462 Supply, NC 28462
200 00 074 Lloyd & Gerthel Fullwood 200 00 064.01 Edie Gause
1125 Grissett Road, S.W. P.O. Box 559
Supply, NC 28462 Shallotte, NC 28459
200 00 057.01 James Fullwood, et. ux. 200 00 064.02 Esther Lee Bush
.03 2521 Old Ocean Hwy E. 213 Meadow Lane East
Bolivia, NC 28422 Hubert, NC 28539
200 00 074.02 Curtis Bernard 200 00 068 George Ennis Swain
1387 Morgan Road, S.W. 210 Varnumtown Road, S.W.
Supply, NC 28462 Supply, NC 28462
200 00 054.04 Kevin Morgan, et, al. 200 00 074.01 Janie & John Bryant
1134 Cedar Grove Road, S.W. 1210 Bryant Way, S.W.
Supply, NC 28462 Supply, NC 28462
200 00 054.02 Ada Fullwood 200 GB 067 Daniel & Merle Meath
1150 Cedar Grove, S.W. 068 9321 Cliffdale Road
Supply, NC 28462 Fayetteville, NC 28314
200 GB 061 Jacob Moretz 200 GB 064 Norman & Clair Carlton
062 229 Wofford Circle 065 334 Brown Street
063 Lexington, NC 27292 066 Lexington, NC 27292
200 GB 086 John & Juanita Mims 200 00 066 Andrew Rogers, et. ux,
087 271 Stubby Oaks Road Go Roy Rogers
088 Aberdeen, NC 28315 P.O. Box 17
089 Supply, NC 28462
200 GB 058 Gary & Pam Crotts
059 Route 9, Box 1409
060 Lexington, NC 27292

I
APPLICATION FO,t A MIlqIN9ERl4UT
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 zegular 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.
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
�7
Signature � f/� � �� nature
� Signature
Print Name: John F. (Rick2) Parker, Jr. Print Name: John F. Ric Par ,
(Address 1861 (Holden Beach Read, S.W. Title; Owner
Supply, NC 28462 Company. F&R DeveloWent, Inc.
Telephone [phone] Mine Name: F&R Development mine _
i
*Signature must be the same as the individual who signed Page 1 of this application.
Four 4) copies of t6 t. nleted aag ion. fou�(4l conies of all mjUe mans and reclamation maps, and
th (see next page for fee schedule) In the form a check or money order
payable to the North Carolina Department of Environment, Health, and Natural Resources must be sent
to the !&ad m��iti SeC110u Central QMce at the address listed on the front cover of this application
form.
Inquiries re arding the status of the review of this application should be directed to the Mining Prograrn staff
at [phone].
-19-

MINING
*A nonrefundable permit application processing fee is required when filing for a new mining
permit, a major permit modification or a renewal permit as follows:
TYPE ACRES** NEW PERMIT MAJOR RENEWAL
MODIFICATION
Clay 1 but less than 25 $500 $250 $250
25 but less than 50 1000 500 500
50 or more 1500 500 500
Sand & 1 but less than 5 150 100 100
Gravel,
Gemstone, and 5 but less than 25 2SO 100 100
Borrow Pits
25 but leas than 50 500 250 500
50 or more 1000 5D0 500
Quarry, 1 but less than 10 250 100 100
Industrial
Minerals, 10 but lees than 25 1000 250 500
Dimension
Stone 25 but less than 50 1500 500 500
50 or more 2500 500 500
Peat & 1 or more 2500 500 500
Phosphate
Gold (Heap
Leach) , 1 or more 2500 500 500
Titanium &
Others
•A nonrefundable S50.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers,name
changes,bond substitutions and permit renewals where the mine is inactive and fully stabilized. A mirror permit modification also includes lands added to a permitted
area, outside of the minimum permit buffer zone requirements,where no plans for mining related disturbance of the added lands have been approved. All other
changes arc considered major modifications.
*'Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the
modification within the permitted mine area,or any additional land that is to be disturbed and added to an existing permitted area,or both.
3194
-20-

LAND QUALITY SECTION HEAD UARTERS
Francis M.Nevils,Jr., P.E. James D.Simons, P.G.,P.E.-Chief Engineer William(Toby)Vinson-Sediment Education Courier-52-01-00
Section Chief S.Craig Deal,P.E.-State Sediment Specialist Specialist (919)7334574
512 N.Salisbury Street David H.Ward-Assistant State Sediment Specialist FAX [phone]
P.O. Box 27687 Tracy E. Davis,F.E.-State Mining Specialist Seezvbmies
Raleigh, NC 27611 Judy Wehner-Assistant State Mining Specialist
Tony L.Sample-Assistant State Mining Specialist Vacant-Lead Secretary
James K. Leumas, P.E.-State Dam Safety Engineer Stephanie Lam-Sediment&Dams
Jack H. Palmer,E.I.T.-Assisi.State Dam Safety Susan Edwards-Mining
Eng-
LAND QUALITY SECTION REGIONAL OFFICES
ASHEVILI.E MOORESVE .>I E WINSTON-SA1ZM RAMGH
RICHARD PHILLIPS, P.E. VACANT DOUG MILLER,P.E. JOHN HOLLEY,P.E.
interchange Bldg. 919 North Main Street 595 Waughtown Street 3800 Barrett Drive
59 Woodfin Place Mooresville, NC 28115 Winston-Salem, NC 27107 P.O.Box 27687
Asheville,NC 29901 Raleigh,NC 27611
COURIER-09-55-01
COURIER-06-78-16 COURIER- 13-21-08 [phone] INTEROFFICE
[phone]-(52) [phone]-(54) FAX I(910)771-4631 (919)5714700-(55)
FAX [phone] FAX I(704)663-6M FAX i(919)571-4718
Alamance Alleghany Ache
Avery Buncombe Burke Alexander Lincoln Caswell Davidson Davie Chatham Durham Edgecombe
' Caldwell Cherokee Clay Cabarnra Mecklenburg Forsyth Guilford Rockingham Franklin Granville Halifax
Graham Haywood Henderson Catawba Rowan Randolph Stokes Surry Johnston Lee Nash
Jackson Macon Madison Cleveland Stanly Watauga Wilkes Yadkin Northampton Orange Person
McDowell Mitchell Polk Gaston Union Vance Wake
Rutherford Swain Transylvania Iredel] Warren Wilson
Yancey
FAYETTEVU,LE WII.MINGTON WASHINGTON
JOE GLASS,P.E. DAN SAMS,P.E. FLOYD WILLIAMS,P.G.
Wachovia Bldg. 127 Cardinal Drive,Ext. 1424 Carolina Avenue
Suite 714 Wilmington, NC 28405-3845 Washington,NC 27889
Fayetteville,NC 28301
COURIER-16-0"1
COURIER- 14-56-25 COURIER-04-16-33 (919)94b-6481(56)
(910)49&1541 (53) (910)395-39W(57) FAX l(919)975-3716
FAX [phone] FAX [phone]
Beaufort Bertie Camden Chowen
Anson Montgomery Scotland Brunswick New Hanover Craven Currituck Darr Gates
Bladen Moore Carteret Onalow Greene Hertford Hyde Jones
Cumberland Richmond Columbus Peader Lenoir Martin Pamlico
Harnett Robeson Duplin Pasquotank Perquimans Pin
Hoke Sampson Tyrrell Washington Wayne
REVISED 3196

SCHEDULE OF RECLAMATION COSTS
based upon range of 500 - S5. 0oo Per affected acre
COMMODITY CODES: SG = Sand and/or Gravel, GO = Gemstone, Borrow =
Barrow/fill dirt, CS = Crushed Stone, DO = 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 Exaay.
SG, GS, $500/ac. (L) $1800/ac. $2000/ac. $1800/ac. $500/ac. (L)
Borrow 1500 (FI) 2000 (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 PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED TO THE
FOLLOWING ADDRESS WITHIN 30 DAYS FOLLOWING YOUR RECEIPT OF THIS BOND
CALCULATION:
Mining Program
Land Quality Section
P.O. Box 27687
Raleigh, North Carolina 27611
ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM:
- FINAL GRADING COSTS PER ACRE
- LIME AND FERTILIZER COSTS PER ACRE
- YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED
REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT)
- MULCH AND ANCHORING COSTS PER ACRE
- ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED
RECLAMATION PLAN FOR THE SITE IN QUESTION
YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND
DETERMINATION. 10/16/95
1,000 copiu of this public documm%err prinw as a cost of$564.00 or L56 per copy. 3/96
DEPARTMENT OF EAWRONMENT; HEALTH AND NATURAL RESOURCES
DIMON OF LINO RESOURCES-LAND QUALnY SECTION
-22-

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SYMBOL DATE DESCRIPTION B'Y
7-0 SR 'a� � REVISIONS
' �9 ry Z f 01997 ANDREW do KUSKE
> a n
•'''��° - �""'" � � p � MINING PLAN
Z
m m o3.
t CONSULTI E GINEERS INC . 902 MARKET STREET F & R DEVELOPMENT MINE
----�► : Z r- v 0 WILMINGTON, NC
p PHONE (910) 343-9653
FAX (91 O) 343-9604 BRUNSWICK COUNTY

_f! _ NORTH CAROLINA DEPARTMENT OF
t` ENVIRONMENT AND NATURAL RESOURCES
A.'th.A DIVISION OF LAND RESOURCES
.NC IIE N _ ,"
ft ) May 11, 1998
.'.JAME9 B.HUNTJR!'.f ..
GOVERNOR s�
h Mr. John F. (Ricky) Parker, Jr.
F and R Development, Inc. -•
1861 Holden Beach-Road SW
s
.w.,WIAYNE MCDEVIT7 '*
Supply, North Carolina 28462
W.
'(�' 4 E `- Re: F and R Development Mine -
Brunswick County"
- • Lumber River Basin
' GNARLiES'HnGARDINER - - - - •
ANOST ATE,GEOL`Ot316T_' . Dear Mr. Parker:
'Your-application for a mining permit for the above referenced mine site has
,. .,.
r been reviewed. Enclosed is a draft of the mining permit proposed by the Department.
3? 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.
y:
The reclamation bdn&calculation worksheet submitted with the application
= has been verified. The bond amount for this site is $7,300.00. For your convenience,
I-have enclosed-'a bond form, an assignment of a savings account form and an
irrevocable standby letter of credit form. The name on the security form must be the
same as the name appearing on the enclosed draft permit, F and R Development,
Inc.. In addition to one of these alternatives you may, upon request;'-substitute a cash
deposit.
Please review the draft permit and the reclamation bond worksheet 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
J, application approval notice in which to file the required surety.
The permit will be issued when the required security has been received. No
mining may be conducted until the permit is issued. G.S. 74-65 states that..the
issuance of a mining permit does'not-supersede- local,-zoning-regulations. The
r
responsibility of compliance with any applicable zoning regulations lies with you.
LAND QUALITY SECTION (9t 9)733-4574 FAX[phone]
GEOLOGICAL SURVEY SECTION(919)733-2423 FAX[phone]- - _ •
I P.O.BOX 27687, RALEIGH, NORTH CAROLINA 2761 t-7687 TELEPHONE[phone] FAX[phone]
AN EQUAL OPPORTUNITY!AFFIRMATIVE ACTION EMPLOYER-50%RECYCLED/10%.POST-CONSU M ER PAPER ..

Mr. Parker
May 11, 1998
Page Two
Please contact me at [phone] if you should have any questions concerning this matter.
Sincerely,
Tracy E. Davis, P.E.
State Mining Specialist._
Land Quality Section
TED/jw
Enclosures
CC' Mr. Dan Sams;P.E. l

- ----DEPARTMENT OF EN U ONMENT-'--- - - -
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. 7446 through 68, "The Mining Act of 1971," Mining Permit
Rule 15A NCAC 5 B, and other applicable laws, rules and regulkions
Permission is hereby granted to:
F and R Development, Inc.
T and R Development 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.
MIMING PERM[T EXPIRATION DATE,

Page 2 of 6
In accordance with the application for this mining permit, which is hereby approved by the Department of
Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the
approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for
the protection of the surrounding environment and for reclamation of the-land and water affected by the
permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements
of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is
a separable obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another operator succeeds
to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or
otherwise, the Department may release the permittee from the duties imposed upon him by the conditions .,
of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the
successor operator, provided that both operators have complied with the requirements of the Mining Act and
that the successor operator agrees to-assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security. "
In the event that the Department determines that the permuttee 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, theJD
epartment 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.
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. *.
Cohditign
This permit shall- be subject to the,provisions of the Mining Act, N.C.G.S. 7446, et. seq., and to the
following conditions-and linvtations:
OPERATING ITI
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 tKe affected areas at the site shall-be in accordance with any
applicable perinit requirements and regulations promulgated by the Environmental Protection
Agency and enforced by the N.C. Environmental Management Commission. It shall be the
permittee's responsibility to contact the Stormwater Section, Division of Water Quality, to
secure any necessary stormwater permits or other.approval documents.
2. A. Any.mining process producing air contamination emissions shall be subject to the permitting
requirements and rules promulgated by the N.C. Environmental Management Commission and
enforced by the Division of Air Quality,.

. . Page 3 of 6
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 shalt be maintained between any-affected land and any adjoining waterway
or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected
land and to preserve the integrity of the natural watercourse or wetland.
B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in
accordance with the requirements and regulations promulgated and enforced by the N. C.
Environmental Management Commission.
4. 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, wetland 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.
C. Mining activities shall be conducted as indicated on the Site Plan received by the Land Quality
Section on April 2, 1998.
D. The haul road shall be paved or provided with crushed stone and properly maintained to
prevent tracking of soil onto Salt Pine Road.
5. All mining permit boundaries (8 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 gFound 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 NOe.ilrequired to prevent such conditions.
`8' A. Existing vegetation or vegetated earthen berms shall be maintained between the mine and
public thoroughfares whenever practical to screen the operation-from the public.
13.. A cable gate shall be installed and maintained at'the access road/entrance I to prevent
-inadvertent public access. z.
9. Sufficient buffer(minimum 10 foot undisturbed) shall be maintained between any excavation and any
mining permit boundary to protect adjacent property.
10. Refuse Disposal-
: A. . No on-site disposal of refuse or other solid waste that.is generated-outside of the mining
permit area shall be- allowed, within the boundaries of the mining permit area unless
authorization to conduct said disposal has first been obtained from both the Division of Waste
Management and the Land Quality Section, Department" of EiMronment and Natural
Resources. The method of disposal shall be consistent with the approved reclamation plan.

• • . Page 4 of 6
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 .. _._
- 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
ri r to commencement of such disposal:
l. the approximate boundaries and size of the refuse disposal area;
2. a"lisi 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'esfablished.-. . ✓
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 implementaticin-6f the'revisions.
­ 13. The security which was posted pursuant to N.C.G.S. 7454 in the form of a $*,.00 *bond 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 5 of 6
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 Sy 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 nius4 be provided in all excavations in rock.
„_ _...3. All overburden and spoil shall be left in a,configuration which is in accordance with accepted
w..� 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 raining 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 rev.egetate 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.
13. The side slopes to the.lake excavation shall be graded to a 3 horizontal to I 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. I O.A. through D.
E. The affected land shall be graded to prevent the collection of noxious or foul water.

• Page 6 of 6
3. Revegetation Plan:
After-site preparation, all disturbed land areas shall be revegetated as per the following:
Permangnt SeedingSpecifications
Dates Species fie,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 lbs/acre or follow recommendations from'a'soil test.
Fertilizer- 1000 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test.
Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000
lbs/acre and anchored appropriately.
In addition, the permittee shall consult with a professional-wildlife biologist with the N.C. Wildlife
Resources Commission to enhance past-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.
Permit issued this *th day of*, 1998. �` 4
By. ;
Charles H. Gardner, Director
Division of Land Resources-
-By Authority of the Secretary Of the Department of Environment 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 S I7 . f/riug,-e_. r• 2. MINING PERMIT # /D -
3. OPERATOR -F -n nT.irr�wn,c ,.r _rove ""' „4 COUNTY AfwiiLJ1G,�
[� /� raAr.rw(
5. ADDRESS 1•l;&l /�i.Sl.v /lP 4r/f ♦fir/ Pw _S.,-r}P4 All, t! WA.t
6. PERMIT EXPIRATION DATE l.A;--,1 vo ti 7. RIVER BASIN
8. Person(s) contacted at site 6VAa _
9. Was mine operating at time of inspection? C• Yes ❑ No 10. Pictures? ❑ Yes l!�-No
11. Date last inspected: .-3 I U4 12. Any mining since last inspection? Sr Yes ❑ No
13, Is the mine in compliance with the Operating Conditions of the Permit? R Yes ❑ No
If no, explain:
14. Is the mine in compliance with the Reclamation Conditions of the Permit? O 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:
16. Corrective measures needed and/or taken,
17. Other recommendations and comments: /�.� %���.�- %/�,, ..i,�/J 4 J,r G fir_r�r1U+•s
18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) R Not Reviewed
_,me zgoR z�4/ h•{,c ft/u% gf f�� /?¢�F laifi/� .br L�iR/� d<F/G� 9r_�•••,r` �t
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19. Follow-up inspection needed? ❑ Yes R No Proposed date 1 I
20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator z. or"
(date)
INSPECTED BY: z- . el4e DATE 1 / /6 l or
Telephone No: (9i0) 39 5- , .7gry
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

7&C _
71MAR8 Z004
TO WHOM IT MAY CONCERN.
WE THE PEOPLE ON PINE TREE AND SALT PINE RD WOULD LIKE TO a k ,
KNOW WHY F—R DEVELOPMENT RICKY PARKER HAS NOT KEEP UP THE \
PROMISES HE MADE AT THE MEETING TO GET THE MINING PERMIT.
HE PROMISED HE WOULD KEEP UP THE ROAD,AND THAT HE WOULD NOT _,cS
BE HAULING BRUSH AND JUNK IN THE PIT AREA AND DUMPING IT.
NOW HE HAS THE PERMIT ALL WE HAVE IS A BROKEN PROMISE. �t
WE HAD A DITCH LINE ALL THE WAY TO THE RD WHEN HE STARTED
NOW HE HAS OUR DITCHS AND DRAINS FILLED UP.HE RAN A PIPE
LINE FROM THE PIT TO THE MAIN RD.ABOUT 7 FOOT DEEP AND HAS
PIPES STICKING UP ALONG THE RD GOING DOWN INTO THE MAIN
LINE THAT IS UNCOVERED.HAS BEEN REPORTED TO COUNTY.BUT NO
RESPOND S.WE AGREED TO THE PERMIT NOW ALL WE HAVE IS A d� 7
PROMISE. THANK YOU t � I�� �ve�p
e rt J"C 1
oeee�lAjpNe ,
ed
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TRANSMISSION VERIFICATION REPORT }
j TIME, ' : 04/26/2004 10: 33
NAt+� NC DENR DLR
' FAX`-, ;: 9197158801
TEL9 c 9197333833
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FAX NO./NAME 89103502018
DURATION 00:00:59
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North Carolina Department of Environment and Natural` Resources
Division of-Land Resources - La'nd,Quality Section Mining Program
1612 Mail Servic'Kenter, Raleigh, North Carolinia�27699
[phone] Fax: [phone]- '
FAX COVER SHEET
FAX NUMBER TRANSMITTED TO: "W—3 R)—&01
To: iJ S9� (Rn
Of:
From:
RE: ,
Date: 14
2004
COMMENTS:
Di
'IF YOU DO NOT RECEIVE ALL PAGES,PLEASE TELEPHONE US IMMEDIATELY AT(9I9)733-4574.

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North Carolina Department of Environment and Natu I eRu(§esV Q W
Division of Land Resources, Land Quality Sec
MINE INSPECTION REPORT LUN 2 7 2000
(PERMITTED MINE)
1. MINE NAME 2. MINING PE I
3. OPERATOR (4e � 4. COUN Y SECTION
5. ADDRESS / G/ it/
6. PERMIT EXPIRATION DATE - s -ate 7. RIVER BASIN
8. Person(s) contacted at site
9. Was mine operating at time of inspection? ❑ Yes )l No 10. Pictures? ❑ Yes A No
ll. Date last inspected: _ /'d/14' 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: /
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No
If no, explain:
r
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: —
17. Other recommendations and coi ents:
c
- r
o i t
I S. Is the Annual Reclamation Report +/-map accurate? Yes ❑ No (Explain) ❑ Not Reviewed
19. Follow-up inspection needed? Yes ❑ No Proposed date log I G 1
20. No. of additional pages of Insp ction Report 21. Copy of Report sent to operators, 1 l am,
(date)
INSPECTED BY: _ i�J E _ DATE (a 17 4 1�
Telephone No: (71G ) �� � - -i
While copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

334 Brown Street
Lexington, North Carolina 27292
336-357-2879
March 15, 1998'
MAR 2 3 1998
Land Quality Section �y
Division of Land Resources
N.C. Dept. Of Environment, Health, and Natural Resources
P.O. Box 27687
Raleigh, NC 27611
Gentlemen;.
Per your notice to us (Norman and Claire Carlton, owners of parcel 4200GB064, 065, 066; Pine
Tree.Circle, Supply NC 28462) concerning the application of John. F. Parker to mine sand and
topsoil behind our property, we hereby voice our objection to this application.
Our road,Pine Tree Circle, is not maintained by a public utility or commission. It is a private,
earthen road. We have to deal with severe erosion and deep ruts made by automobiles. The type
of vehicle used in these mining operations will keep our road in poor condition in dry weather.
In the wet season, we are sure it will be impassible. This is not acceptable.
We will withdraw our objection if Mr. Parker will set forth, in writing, what he asserted at the
meeting that we were unable to attend. if he will commit to paper, in detail, the manner in which
he will both improve and maintain Pine Tree Circle and Salt Pine Road for the duration of his
minin&project; if he will furnish each of the Owners of the concerned properties with a copy of
said writing; and if said the described manner of improving and maintaining the aforementioned
roads is acceptable, we will not fuAer object to this mining projiqet.
We await your reply.
r Sincerely,
'7t-1/tm"o
Norman & Claire Carlton

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 F and R Development, Inc. to conduct mining activities off SR
1119 in Brunswick County. The mining permit (no. 10-45)was issued on June 5, 1998.
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, 15OB-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 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 [phone].
You must serve the Department of Environment and Natural Resources by mailing a copy of
the petition to Mr. Daniel F. McLawhorn, Registered Agent and General Counsel, Post Office Box 27687,
Raleigh, North Carolina 27611.
4A,Z,
Charles H. Gardner
Director
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
This notice was mailed on 9ali
1
Susan Edwards
Mining Program Secretary

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North Carolina Department of Environment
and Natural Resources a p�-E�C ups.PMtarfi
Division of Land Resources F Q ? ¢
Land Quality Section o-' 3kJ�`lU'93a
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P.O.Box 27687 RETURN SERVICE WN 00.20
Raleigh,N.C.27611-7687 REQUESTED a N C t xET-TSU -LE!NF-r'6 L,8q- #1
1740-7401 ►b*
MR EDIE CAUSE '� e
P O BOX 559
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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 F and R Development, Inc. to conduct mining activities off SR
1119 in Brunswick County. The mining permit (no. 10-45) was issued on June*5, 1998.
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 within siM(60) day 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 telephbning [phone].
You must serve the Department of Environment and Natural Resources by mailing a copy of
the petition to Mr. Daniel F. McLawhorn, Registered Agent and General Counsel, Post Office Box 27687,
Raleigh, North Carolina 27611.
Charles H. Gardner
Director
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
This notice was mailed on9a'!'C' q) lqq?
Susan Edwards
Mining Program Secretary
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1r
r SENSITIVITY INDEX MAP FOR THE Brunswick County, North Carolina
CASTLE HAYNE AND PEEDEE AQUIFERS AQUIFER-rSENSITIVITY MAP
The boundaries of the areas shown on this index map
are also shown on the Aquifer-Sensitivity Map N
outline of Bru nwick County , p E N D E R
L` .� a
Boundary of the Cantle Heyne irilhole amai ■ C 0 U N 11 Y
Boundary of of d,a Poodes Aquifer ouaroo am ± •a I
W E
Boundary of the Castle Hayne Aquiter - !
• �.
Boundary of the �
Cattle Hayns confining layer � «• _ a
No rob° .{��
❑ Am underlaln by the Cantle Hayne Aquifer `
❑ ,Ysewhsra Can"+iaynecenFnFnpamoccur �++ • o m ?t" $
4.
0 PeWes Aquifer outcrop ens
ri.
s .:rz
I �Y November 14th 1997
L, �..
^�y ♦
PREPARED BY THE BRUNSWICK COUNTY G.I.S. DEPT
Information provided by Ralph C. Heath
Consulting Hydrogeologist
ti f \-ro r
J.
`' LEGEND
1-,rt a l~.} w Aquifer-Sensitivity Features
Ground-water discharge areas
o
4 Floodplains,tarraoes,and Bolt marshas
«
., r '� • ?'j.+' _' _ , q 1 Perennial and intermittent at emrm
.•` ii-:4"+ - a' • n -mill.
a • ®� J Ana on i
I Ground-water recharge aroma
` r.
Dry flat and sloping uplands
5we Viet flat uplands
K s . ,
/ Sr�a A4 Ra • `men n a a >� n Jl �,�4 1 1 �7 BBITI@r Islands
Boundary of the Castles Hayne sinkhole area
Boundary of the Peedee Aquifer outcrop area
1 �( n y ' i /��, a t re u iw ,. ' •= ' ff ` Boundary of the Castle Hayne Aquifer
■bon+-■m 1 Bounds of the Castle Ha ne cord 1nin layer
State r08.ta
No
m 4 ' f - Railroad
y w1 m cf s 6ercn Act
/ County line
` �a,.ye[4•n - i' _ V ' i lr 'r_` '` t
State Iln@
�� 0 Other Hydrography FER Q 4 1998
ti OCEAN 8Y
AT L -
' Brunswick County assumes no legal responsibility for nature of,
contents of or accuracy of any information contained on this map.
This map may not be accurate or up-to-date. All map information
must be verified by recipient.

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
�NCDENR �-
�: �; May 13 , 1998
dAmea B.HUNTJR.:.
<("GOV9RNOR ,
.y5
` M E M Q,R A N D U M
+dWAYNK:MCDE 4 ,� TO: Interested Parties
v1 ,
",1f SP-CR"AR04
Y, e:
8 " °�11• FROM- Susan B . Edwards
Mining Program Secretary
' '- SUBJECT: Public Hearing Summary for the Proposed
L $ 1toHeR Mining Permit to the F & R Development ,
> .y r Inc . , F & R Development Mine, Brunswick
wN6 STw GEoI OG19T`u
County
" '• ..r '" ' r A public hearing was held on April 14 ; 1998 for
consideration of the proposed mining ermit to the F &
P P g P
" `` -A. R Development, Inc . , F. & R Development Mine, Brunswick
•.�: �� County. According to your request at the Public
� - ; '•;��� .Hearing, I am forwarding you a copy of the Public
Heaing Summary- submitted by Mr. Andrew McCall, Hearing.
officer. The written comments are available upon -
# +'A} request .
-; If you have any questions concerning this mining
9 permit application, please contact Ms . Judy Wehner,
Assistant State Mining Specialist at (919) 733•-45-1
/SBE
r
-- �„ Attachment : Public Hearing Summary
---_ CC : Mr. Charles Gardner ,
Mr. Mell Nevils '
Mr. Tracy Davis
CMs_7 J.UdY-:Wehner=)
Mr. Tony Sample
Mr. Dan Sams
! , Mr. ,Andrew McCall
�ry �.• (. - .� - •- LANO QUALITY SECTION [phone]ri°FAX[phone] '
GEOLOGICAL SURVEY sacTION(919)733-2A23 FAX[phone]
�. P.O.HOX 27687. RALEIGH, NORTH CAROLINA 2761 1.7687 TELEPHONE[phone] FAX[phone]
i
- AN EQUAL.OPPORTUNITY/APFIRMATiVC ACTION EMPLOYER••5096 RECYCLtr nll0'IL POST-CONSUM[R PAPER

F AND R DEVELOPMENT, INC.
MINING PERMIT PUBLIC HEARING SUMMARY
PURPOSE OF HEARING
To receive public comment related to F and R Development, Inc.'s mining permit
application to remove sand and topsoil material from an 8 acre site, The mine is located
off SR 1119 in Brunswick County.
DATE, TIME, PLACE .
Tuesday, April 14, 1998
7:00 PM
Brunswick County Commissioners Hearing Room
Brunswick County Government Center
Bolivia;North Carolina
DEEARTIVI.ENT QF ENVIRONMENT AND NATURAL RESOURCES STAFF
Tracy Davis, State Mining Specialist, Land Quality Section Division of Land Resources
Judy Wehner, Assistant State Mining Specialist, Land Quality`Section, Division of Land
Resources
Dan Sams, Wilmington Regional Engineer, Land Quality Section, Division of Land
Resources `T"
Carol Miller, Environmental Technician, Land Quality Section,-Division of Land
Resources, Wilmington - -
Jim Simons, Chief Engineer, Land Quality Section, Division of Land Resources
Andy McCall, Senior Field Officer, Fayetteville/Wilmington
OPENING
- Mr. Andy McCall called the hearing to order at 7:00 PM, welcomed everyone in
attendance, introduced the staff, explained the purpose of the hearing, outlined the hearing agenda
and stated the guidelines to follow for submitting comments at the hearing. Mr. McCall stated
that the proceedings would remain open for a period of ten days following the hearing for
additional comments.
Mr. McCall then explained the action for which the mining permit modification is
required:

-2-
"The applicant proposes to extract sand and topsoil from a site located off SR 1125 in
Brunswick County. As the proposed modification of the site will include additional,
acreage, a formal modification is required. The applicant has submitted an erosion and
sedimentation control plan for the land to be added.to the permit intended to protect
surrounding areas and watercourses. A reclamation plan has also been submitted to the
Department for review concerning restoration of this additional areaJo a useful land use
once mining has terminated."
Mr. Tracy Davis presented an overview on mining permit procedures pursuant to the
Mining Act of 1971, and explained how.it.relates to the subject permit modification.
Mr.McCall's and Mr. Davis' actual comments are attached as Public Hearing Format and--
Land Quality Section Public Hearing Presentation.
ORAL COMMENTS
The first speaker was Mr. Percy M. Hewitt. Mr. Hewitt is the heir to property on Cedar
Grove Road, next to Percy Place. He stated that Mr. Davis summed up his concerns about the
pit. He said that his concerns weren't taken care of by the Statute. His concerns were related to
safety on the roads not at the pit. He reiterated that the State was not responsible for that.
He was also concerned about numerous pits in the area and community. He stated that
there was also a landfill in his community. He said there was a sand pit across from the landfill.
He said that he never has seen a sand pit on Holden Beach or Lockwood Folley Golf Lakes. He
said that the State does not grant permits in these areas. He feels that the area he lives in attracts
so many negative things like sand pits and feels no one wants a pit close to his/her home. He
stated that on the way to the hearing, he passed a sand pit. The houses and woods around the pit , ..-.
were painted with dust. He said that nobody can do'anything about it-but nobody wants it.
He thinks that it shouldn't be something conducive just to his neighborhood.''He said the
roads were all torn to pieces. He realizes that the Department has-no control over the roads but
when one speaks of safety, safety should relate to roads. He questioned how many more pits and
how much more"sand removal will occur in his community. He said the State has come to his
community and permitted pit after.pit.
The truck traffic is scary. The conditions of the roads are poor. These are his concerns.
He feels that his kids, family and well being are just as important as anyone else's in Holden
Beach, Lockwood Folley or anywhere else. He questioned again why all these pits and landfills
always end up in a disenfranchised area. He thinks the State wouldn't allow another landfill in
this area. He stated there were landfills on Cedar Grove Road and Stone Chimney Road.

-3-
Mrs. Harold Neidert was the second speaker. She stated that she did-not get•a letter for-
the meeting but that Mr. and Mrs. Norman Carlton did. They are friends and neighbors to the
Neiderts. They.all are of the same opinion. They have no objections, even-though they are
probably the closest residence to the entrance. The main concern they have is that they want
something in writing on how the roads are going to be improved, how will the roads be
maintained, and who will be responsible for these improvements. As far as any other objections,
they really have none. She acknowledged that the roads were not in the State's jurisdiction and
stated that the road was a private road from Stanley Road. She said she understood that Mr.
Parker is planning to improve the road. She reiterated their concern that they need something in
writing about how the roads will be improved and who will be responsible for them. Sk'again
stated that they have no other objection.
Ms. Eva Bryant was the third speaker. She introduced herself as the daughter of a
property owner. She asked how large is.the nine proposed to be. She understood it was
proposed to be an 8 acre pit. She wanted to know where the 8 acres would be located. Mr.
McCall stated that a map was on the table in front of her. Carol Miller then went to the table with
Ms. Bryant and discussed the mine location with her off the record. Dan Sams joined their
discussion.
Ms. Bryant stated that her other concern was what if someone decided to place a home
near the mine boundaries, what would happen to the children? She's concerned that if children
are left unattended, what about their safety? She stated that the pit is proposed to be deep.
Ms. Bryant also brought up the issue of chemicals used at the site getting into water. Mr.
McCall asked what she meant by chemicals. She wasn't.sure but she was sure that chemicals..
would be needed in the mining process.
.,-T-Tracy Davis then explained that-mining at this pit would be similar to digging a hole to
plant a tree. The material would be dug and hauled off the site.
Mr. Hewitt clarified her concern.by stating she meant diesel fuel and gasoline. Tracy
explained that during the review process, the State looked at these storage areas and also at
sediment control measures to ensure that sand or sediment did not leave the site. He reassured
her that the staff would.look into these issues.
Ms. Bryant then asked if the project had started. Mr. McCall stated that he saw the site
and they had not started. .

4-
The fourth speaker was Mr. Roy Rogers, Mr. Rogers stated that he lives next to the
trailer park off Stanley Road. Basically,.his concern was that 8 acres is a lot of land to mine. He
said some mines are not monitored and some of them were 15 to 24 feet deep. He is also
concerned about road hazards. He stated that they already had a landfill that's hauling dirt into
and out of the site. He stated that the roads were all torn up just like Mr. Hewitt said. He said
there is no speed limit set on the road. The trucks try to balance it out by using Stanley Road one
day and,Cedar Grove Road the next.
Mr. Rogers pointed out that he worked and paid taxes also. He would like to see speed
limits set on Cedar Grove Road. .He stated that they've been.trying for years to do that but that µ
no one seemed to be concerned about that.
He expressed his doubts as to whether they (the company) would come in and help the
residents-of the.trailer park. He confirmed Mr. Hewitt's statement concerning the numerous pits
in the area. He said there were at least five pits in the area. He stated when they put the landfill
in, it was supposed to be a good thing. In reality, the neighbors to the landfill can no longer drink
their .water. Personally, he does not want the mine there.
Mr. Ricky Parker represented F and R Development and was the fifth speaker. He stated
that F and R Development is'a general contractor, licensed by the State of North Carolina, for
highway construction, water and sewer and on site sewage disposal as'weii as maintenance of on
site systems.
He said that his business used a tremendous amount of sand. They build house pads,
septic systems, drain fields and nitrification field pads all over the county for local residents.
That's why they need this permit. He stated that they employ 12 to 13.people in the area and plan
to add..three.more as a result of this mine site.
He said that his family has lived in the community for several generations and he lives
within 5 miles of this site. His grandfather's farm adjoins this site. His company has a
commitment to the area. He told everyone that the company was a Mom and Pop, daughter and.
son-in-law operation, not a big mining endeavor. He said that they did not plan-to blast or mine
any type of material or anything that will hurt the area that they live in and enjoy. -
It is F and R Development's commitment to be a good neighbor: He stated that they've
been in this community mining and have done so for years.
Mr. Parker then addressed Mrs. Neidert's concerns-. He stated that they had a deeded
easement through the subdivision from the original developer, Mr. Mack Briggs. A copy of
which is filed with his-application.

-5-
He confirmed that his plans were to improve the road and eventually pave it. He also .
stated that he had no problems putting that in writing. He wanted to point out that there will be
no storage tanks at this site. They planned to haul fuel for the equipment to the site and store the
fuel at his business located 3-4 miles away where he had storage facilities in existence.
Mr. McCall then asked if anyone else had anything to say or question. Mr. Ennis Swain,
who lives 600 feet from the site, asked if this could become a septic.disposal site. Judy Wehner
answered that it couldn't without going through other agencies. Mr. Swain said he didn't know
Mr. Parker's intent but was aware that they do have to dispose of the septic tank pumpings_
Judy Wehner again answered that if his permit were issued, he'd'have to modify the plan to
include the activity.
Ms. Eva Bryant then asked a question related to the ownership of the property where the
proposed site is located. Mr. Parker answered that F and R Development was s under contract to
purchase the property.
W91ITEN C MMENTS
As a part of the official record of this public hearing, the following written comments are
attached: -
I. Letter dated April 24, 1998 from Mr. Willie N. Hewitt
CLOSING COMMENTS
Mr. McCall thanked everyone for attending-and for their comments and presentations.
The Department will review the items presented at the hearing as they relate to G.S. 74-51 of the
Mining Act of 1971. The proceedings remain open for a period of ten days following the hearing,
which is April 24, 1998, for the filing of,additional written comments-or statements.

-6-
The hearing was adjoumed at 7:50 PM. T -
Res p tUly sub by:
r
dr w y) McCal/
earing O cer
M
Attachments: Public Hearing Notice
Public Hearing Format
LQS Presentation
Written Comments
Cassette Tape of Hearing
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Y' DIVISION OF LAND RF-SOURCES
DE Rz < May 8, 1998
i..
T -
".iJAMEB B.HUNT'JR:, MEMORp, SUM ,. - ^:�-• .. - - -
G GOV6RyPR - - -
= '"~ TO Charles Gardner, Director
Division of Land Resources
wle
sMcoevTHROUGH: Mell.Nevils,,Chief ??'�
Land Quality Section
THROUGH: Tracy Davis, State Miming Specialist Y
:�,.c>MARLs.B�+t,.•���� p Land-Qualiry'Sectioii .
Y '�O6» FROM: Judy Wehner, Assistant State Mining Specialist
AND STATE'GITO I
Land-Quality Section
RE: _ Mining Permit Application Review
F and'R Devel�rlent,, Inc.'s
Proposed F and R Development IvCne " h
Brunswick County
' Recommendations: The staff ofthe Land Quality Section' (LQS}has completed-its
`t review of the above referenced application and recommends that it be approved.
i-. with certain conditions as provided far under G.S. 74-51. A draft permit
docurnent is attachd"d`for your review and consideration.
Review Procedure: -The staff of the Land Quality Section reviewed the permit
application which was submitted on February 24, 1998'and all supplemeritaI,
_= information filed subsequent to the initial application.' Furthermore, the N'. C.
Department of Cultural Resources-Division of Archives and History, the Division
of Water Quality, DENR, and the staff of the N. C. Wildlife Resources
Commission (WRC).were also afforded the opportunity to comment•on'the
,.. proposal.
In addition to the governmental agency input-noted above, a public hearing
was held on the proposal on April 14, 1998 at the Brunswick County
Commissioners'Hearing Room in the Brunswick`County Government Complex in
Bolivia. A-summary'.of the public comments was made by Mr. Andrew (Andy)
McCall, Hearing Officer. A copy of the summary was provided to you earlier
under separate cover and-a copy is on file with the Land Quality Section.
1 u _.--h,-+.. ...._ w.„ . �- .. -.a -� ,_ -a.•...iw.. .: .,r- -. .. ..._� ._ - sn~.l.ti,-
_ LAND QUALITY SECTION [phone] FAX[phone]'
_ _ __ • µ_ ».�•• __ _--__ - ���-__� GEOLOOICA_LSURVEYr SECTION(919)733-2423 FAX [phone]
P.O.Box 27687, RALEIOH, NORTH CAROLINA 27611-7687 TELEPHONE[phone] FAX[phone] - -
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-30% RECYCLEWI O% POST-CONSUMER PAPER

w
Mr. Charles Gardner
_ . Page Two
Fes = All of the information obtained to-date.was reviewed with respect to G.S. 74-51 (1-7):
(1) "That any requirement of this Article or any rule promulgated hereunder will be--
violated by the proposed operation;"
' y There is no evidence to suggest that the proposed operation will violate the.Act.as
there are over 500 sand and gravel mines presently under permit in the State that
comply with ttie requirements of the Act.
(2) "That the operation will have unduly adverse effects on potable groundvyater
__ .__. supplies, wildlife or fresh water, estuarine,;or marine fisheries;"
The application and the-Site Plan adequately addresses stormwater runoff from
'disturbed areas - see Operating Condition No. 4. A_ll drainage is to be diverted
internal to the pit.
• - w Review comments were received-from the Wildlife-Resources Commission (WRC)
-on March 30, 4998. The WRC had no comment on:Ae application.
(3) "That the operation will violate standards of air quality, surface water quality, or
groundwater quality that have been promulgated.by the Department;"
Operating Conditions Nos. I and 2.of the draft permit require, respectively, that
the operation comply with state water and air quality regulations.
The Groundwater Section (GS) was requested to review the mining permit
application. The GS had no comment on'the application as proposed. "
(4)' '"That the operation will constitute a'direct and substantial physical hazard to
public health and safety or to a neighboring dwelling house, school, church,
_ hospital, commercial or industrial-building, public road or other public property,
excluding matters relating to use of a public road;"
Appropriate buffers are provided for in the site plans. In addition, Operating
Condition Nos...8.A. and B. address screening and safety issues.
(5) "That the operation will have a significantly adverse effect on the purposes of a
publicly owned park, forest or recreation area;"
' nv.+•.w.r� ..A.{.Y.. .AI. .P.^.:�S.f .. _. . ..�,..J. . .. rol:. •. .. . a M. . .,. �r ... .. . .. a.
.�..,R'�:,..'.�,... '.... _mot=.. _ .. - - . .. .. .. - .. .. ..r+.•.. ._ -. .. - _..

Mr. Charles Gardner -
age three
This is not applicable as there are no such areas in close proximity to the proposed
mine site.
(6) 'That previous experience with similar operations indicates a substantial possibility
that the operation will result in substantial deposits of sediment in stream beds or
lakes, Iandslides, or acid water pollution;"
The application and Site Plan developed for this site should provide adequate
protection to the surrounding environment.
.l Specific buffer zones and fill slopes have been addressed in the application,
incorporated into the.site plan and included in the draft permit to provide adequate
protection against landslides at this site - see Operating Condition Nos. 3, 6 and 9
'of the draft permit.
(7) That the applicant or-any parent, subsidiary, or other affiliate of the applicant or
parent-has not been in substantial compliance with this Article, rules adopted under
this Article, or other:laws.or rules of this State for.the•protection of the
environment or has.not corrected,all violations that the applicant or any parent,
subsidiary, or other affiliate of the applicant or parent may have committed under
this Article or rules adopted under this Article and that resulted in:.
a. --Revocation of a permit, ..
b. Forfeiture of part or alC of a bond or other.security,
c. Conviction of a misdemeanor under G.S. 74-•64,
J.•. Any other court order issued under G.S. 74-64, or,...-'
-
e. Final assessment of a civil penalty under G.S. 74-64.
This is not applicable as thdoperator has no such prior mining violations in the
State. _ �. .
Unclijsions: There is no evidence to indicate that the proposed-operation will violate any part of v
(1-7) as outlined and reviewed above.
jW
Attachments _
PC:. Mr. Dan Sams, P.E.
-_��..a.w�r.�,.r.e+.,,, .. ...•.... .. c... .,,...x- .,..... ..a«-+w.sr.+..vp.w.• .n«.+..o:.w.z...,.w,-wy.,c.,wpm•s.id.err».`:•i-w.:+w�l".,-ti°..,i.wu•K-...�a.L.r.•wu.+.r........�.......�«.s:...;,.w...sr.L..:�, _

NORTH CAROLINA DEPARTMENT OF
' ENVIRONMENT AND NATURAL. RESOURGEs
DivisiaN OF LAND RESOURCES
RN
NCDE ,
May 13 , 1998
eAMR$B.HUNTJR.
GOValaNOR
1 - M E M O R A N D U M
wAYn1'EM$oEVITyT TO: Interested Parties
SECRETARY
04
q FROM: Susan B. Edwards
boop o � Mining Program Secretary
q SUBJECT: Public Hearing Summary for the Proposed
C14ARLES H.GAROTIBR
u �µ Mining Permit to the F & R Development,
RG.,FE,n1REGTOR Inc . , F & R Development Mine, Brunswick
SAND STAY GROLOGIST$ County
Id
A public hearing was held on April 14 , 1998 for
consideration of the proposed mining permit to the F &
.a R Development, Inc . , F & R Development Mine, Brunswick
County. According to your request at the Public
Hearing, I am forwarding you a copy of the Public
Hearing Summary submitted by Mr, Andrew McCall, Hearing
Officer. The written comments are available upon
request.
If you have any questions concerning this mining
r, permit application, please contact Ms . Judy Wehner,
Assistant State Mining Specialist at (919) 733-4574 .
/SBE
Attachment: Public Hearing Summary
CC: Mr. Charles Gardner
Mr. Melt Nevils
Mr. Tracy Davis
Ms . Judy Wehner
Mr. Tony Sample
Y Mr. Dan Sams
Mr. Andrew McCall
GRI
p LAND QUALITY SECTION [phone] FA%[phone]
Q GEOLOGICAL SURVEY SECTION(919)733.2423 FA%{919)733-0900
R.,ram
8 a o
P.O.Box 27687,RALE10H,NORTH CAROLINA Z761 I-7667 TELEPHONE [phone] FA%(9I91 71 S-8B01
AN EQUAL OPPORTUNITY f AFFIRMATIVE ACTION EMPLOYEII-SO%RECYCLEDl10%POST-CONSUMER PAPER

� � -
MR PERCY M HEWETT MR RI KY PARKER
1604 TURKEY TRAP ROAD SW 1861 HOLDEN BEACH ROAD SW
SUPPLY NORTH CAROLINA 28462 SUPPLY NORTH CAROLINA 28462
MR ENVIS SWAIN MR WILLIE N HEWETT
210 VARNUMTOWN ROAD 2716 17"' STREET NE
SUPPLY NORTH CAROLINA 28462 WASHINGTON DC 20018

s
F AND R DEVELOPMENT, INC.
MINING PERMIT PUBLIC HEARING SUMMARY
PURPOSE OF HEARING
To receive public comment related to F and R Development, Inc.'s mining permit
application to remove sand and topsoil material from an 8 acre site. The mine is located
off SR 1119 in Brunswick County.
DATE, TIME, PLACE
Tuesday, April 14, 1998
7:00 PM
Brunswick County Commissioners Hearing Room
Brunswick County Government Center
Bolivia, North Carolina
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES STAFF
Tracy Davis, State Mining Specialist, Land Quality Section, Division of Land Resources
Judy Wehner, Assistant State Mining Specialist, Land Quality Section, Division of Land
Resources
Dan Sams, Wilmington Regional Engineer, Land Quality Section, Division of Land
Resources
Carol Miller, Environmental Technician, Land Quality Section, Division of Land
Resources, Wilmington
Jim Simons, Chief Engineer, Land Quality Section, Division of Land Resources
Andy McCall, Senior Field Officer, Fayetteville/Wilmington
OPENING
Mr. Andy McCall called the hearing to order at 7:00 PM, welcomed everyone in
attendance, introduced the staff, explained the purpose of the hearing, outlined the hearing agenda
and stated the guidelines to follow for submitting comments at the hearing. Mr. McCall stated
that the proceedings would remain open for a period of ten days following the hearing for
additional comments.
Mr. McCall then explained the action for which the mining permit modification is
required:

i
-2-
"The applicant proposes to extract sand and topsoil from a site located off SR 1125 in
Brunswick County. As the proposed modiftcation.of.the site will include additional,
acreage, a formal modification is required. The applicant has submitted an erosion and
sedimentation control plan for.the land-to be added to the permit intended-to protect .
surrounding areas and watercourses. A reclamation plan has also been submitted to the
Department for review concerning restoration of this additional area to a useful land use
once mining has terminated."
Mr. Tracy Davis presented an overview on mining permit procedures pursuant to the
Mining Act of 1971, and explained how it relates to the subject permit modification.
Mr. McCall's and Mr. Davis' actual comments are attached as Public Hearin.gForm-at and
Land Quality-Section Public Hung Presenxation.
ORAL COMMENTS
The first speaker was Mr. Percy M. Hewitt. Mr. Hewitt is the heir to property on Cedar
Grove Road, next to Percy Place. He stated that Mr. Davis summed up his concerns about the
pit. He said that his concerns weren't taken care of by the Statute. His concerns were related to
safety on the roads not at the pit. He reiterated that the State was not responsible for that.
He was also concerned about numerous pits in the area and community. He stated that
there was also a landfill in his community. He said there was a sand pit across from the landfill.
He said that he never has seen a sand pit on Holden Beach or Lockwood Folley Golf Lakes. He
said that the State does not grant permits in these areas. He feels that the area he lives in attracts
so many negative things like sand pits and feels no one wants a pit close to his/her home. He
stated that on the way to the hearing, he passed a sand pit. The houses and woods around the pit
were painted with dust. He said that nobody can do anything about it but nobody wants it.
He thinks that it shouldn't be something conducive just to his neighborhood. He said the
roads were all torn to pieces. He realizes that the Department has no control over the roads but
when one speaks of safety, safety should relate to roads. He questioned how many more pits and
how much more sand removal will occur in his community. He said the State has come to his
community and permitted pit after pit.
The truck traffic is scary. The conditions of the roads are poor. These are his concerns.
He feels that his kids, family and well being are just as important as anyone else's in Holden
Beach, Lockwood Folley or anywhere else. He questioned again why all these pits and landfills
always end up in a disenfranchised area. He thinks the State wouldn't allow another landfill in
this area. He stated there were landfills on Cedar Grove Road and Stone Chimney Road.

-3-
Mrs. Harold Neidert was the second speaker. She stated that she did not get a letter for
the meeting but that Mr. and Mrs. Norman Carlton did. They are friends and neighbors to the
Neiderts. They all are of the same opinion. They have no objections, even though they are
probably the closest residence to the entrance. The main concern they have is that they want
something in writing on how the roads are going to be improved, how will the roads be
maintained, and who will be responsible for these improvements. As far as any other objections,
they really have none. She acknowledged that the roads were not in the State's jurisdiction and
stated that the road was a private road from Stanley Road. She said she understood that Mr.
Parker is planning to improve the road. She reiterated their concern that they need something in
writing about how the roads will be improved and who will be responsible for them. She again
stated that they have no other objection.
Ms. Eva Bryant was the third speaker. She introduced herself as the daughter of a
property owner. She asked how large is the mine proposed to be. She understood it was
proposed to be an 8 acre pit. She wanted to know where the 8 acres would be located. Mr.
McCall stated that a map was on the table in front of her. Carol Miller then went to the table with
Ms. Bryant and discussed the mine location with her off the record. Dan Sams joined their
discussion.
Ms. Bryant stated that her other concern was what if someone decided to place a home
near the mine boundaries, what would happen to the children? She's concerned that if children
are left unattended, what about their safety? She stated that the pit is proposed to be deep.
Ms. Bryant also brought up the issue of chemicals used at the site getting into water. Mr.
McCall asked what she meant by chemicals. She wasn't sure but she was sure that chemicals
would be needed in the mining process.
Tracy Davis then explained that mining at this pit would be similar to digging a hole to
plant a tree. The material would be dug and hauled off the site.
Mr. Hewitt clarified her concern by stating she meant diesel fuel and gasoline. Tracy
explained that during the review process, the State looked at these storage areas and also at
sediment control measures to ensure that sand or sediment did not leave the site. He reassured
her that the staff would look into these issues.
Ms. Bryant then asked if the project had started. Mr. McCall stated that he saw the site
and they had not started.

4_
The fourth speaker was Mr. Roy Rogers. Mr. Rogers stated that he lives next to the
trailer park off Stanley Road. Basically, his concern was that 8 acres is a lot of land to mine. He
said some mines are not monitored and some of them were 15 to 20 feet deep. He is also
concerned about road hazards. He stated that they already had a landfill that's hauling dirt into
and out of the site. He stated that the roads were all torn up just like Mr. Hewitt said. He said
there is no speed limit set on the road. The trucks try to balance it out by using Stanley Road one
day and Cedar Grove Road the next.
Mr. Rogers pointed out that he worked and paid taxes also. He would Like to see speed
limits set on Cedar Grove Road. He stated that they've been trying for years to do that but that
no one seemed to be concerned about that.
He expressed his doubts as to whether they (the company) would come in and help the
residents of the trailer park. He confirmed Mr. Hewitt's statement concerning the numerous pits
in the area. He said there were at least five pits in the area. He stated when they put the landfill
in, it was supposed to be a good thing. In reality, the neighbors to the landfill can no longer drink
their water. Personally, he does not want the mine there.
Mr. Ricky Parker represented F and R Development and was the fifth speaker. He stated
that F and R Development is a general contractor, licensed by the State of North Carolina, for
highway construction, water and sewer and on site sewage disposal as well as maintenance of on
site systems.
He said that his business used a tremendous amount of sand. They build house pads,
septic systems, drain fields and nitrification field pads all over the county for local residents.
That's why they need this permit. He stated that they employ 12 to 13 people in the area and plan
to add three more as a result of this mine site.
He said that his family has lived in the community for several generations and he lives
within 5 miles of this site. His grandfather's farm adjoins this site. His company has a
commitment to the area. He told everyone that the company was a Mom and Pop, daughter and
son-in-law operation, not a big mining endeavor. He said that they did not plan to blast or mine
any type of material or anything that will hurt the area that they live in and enjoy.
It is F and R Development's commitment to be a good neighbor. He stated that they've
been in this community mining and have done so for years.
Mr. Parker then addressed Mrs. Neidert's concerns. He stated that they had a deeded
easement through the subdivision from the original developer, Mr. Mack Briggs. A copy of
which is filed with his application.

-5-
He confirmed that his plans were to improve the road and eventually pave it. He also
stated that he had no problems putting that in writing. He wanted to point out that there will be
no storage tanks at this site. They planned to haul fuel for the equipment to,the site and store the
fuel at his business located 3-4 miles away where he had storage facilities in existence.
Mr. McCall then asked if anyone else had anything to say or question. Mr. Ennis Swain,
who lives 600 feet from the site, asked if this could become a septic disposal site. Judy Wehner
answered that it couldn't without going through other agencies. Mr. Swain said he didn't know
Mr. Parker's intent but was aware that they do have to dispose of the septic tank pumpings.
Judy Wehner again answered that if his permit were issued, he'd have to modify the plan to
include the activity.
Ms. Eva Bryant then asked a question related to the ownership of the property where the
proposed site is located. Mr. Parker answered that F and R Development was under contract to
purchase the property.
WRITTEN COMMENTS
As a part of the official record of this public hearing, the following written comments are
attached:
I. Letter dated April 24, 1998 from Mr. Willie N. Hewitt
CLOSING COMMENTS
Mr. McCall thanked everyone for attending and for their comments and presentations.
The Department will review the items presented at the hearing as they relate to G.S. 74-51 of the
Mining Act of 1971. The proceedings remain open for a period of ten days following the hearing,
which is April 24, 1998, for the filing of additional written comments or statements.

-6-
The hearing was adjourned at 7:50 PM.
Res tfully sub by:
dr w y) McCal
earing O cer
Attachments: Public Hearing Notice
Public Hearing Format
LQS Presentation
Written Comments
Cassette Tape of Hearing

Willie N. Hewett
2716 17th Street NE
Washington, DC 20018
Tele: [phone]
Fax: [phone]
April 24, 1998
Mr. Andy Macall
Senior Field Officer
Department of Environmental
and Natural Resources
Wachovia Building
Suite 714
225 Greene Street
Fayetteville, NC 28301
Re: New Surface Mining Permit
Applicant : John F. (Ricky) Parker
Location: Brunswick County, NC
Dear Mr. Macall:
I am an heir to property that is directly adjacent to the property for which this
New Surface Muting Permit ( hereinafter Permit) is being requested. I am
writing in total opposition to your department granting a Permit to Mr. Parker
for the above referenced project.
First it is not clear from the land deeds and documents that I have reviewed
that Mr. Parker has the permission of all the owners of the proposed mining
site to mine this property. The lease agreement with Mr. Parker for this
property as I understand it comes from Lloyd and Gerthel Fullwood. Implicit
in this agreement has to be their authority to enter into such a lease for the
proposed mining site. If the Fullwoods do not have a valid deed to this
property or the authority to lease the property on the owners behalf then Mr.
Parker certainly does not have the authority to come into this community and
mine or even to apply for a permit to mine this property without all the
owners permission.

r
I
The rules promulgated under the Mining Act Article require the applicant for
a permit to notify all adjacent property owners of the proposed mining site.
Certainly the rules include or imply and even assume that the owners of the
proposed mining site be contacted. The adjacent property owners as well as
the surrounding community have a strong and abiding interest in making sure
the proper parties who own the mining site have been contacted. One reason
for this is because once the mining takes place the harm to the community in
terms of public health and safety is done and there is no recourse to the
community or the adjacent property owners. Therefore the applicant should
certify under oath that a title search has been done and he is negotiating with
the legal owners of the property and that proof should be submitted to this
department.
A part of this same property on which the mining is proposed was offered to
the Cedar Grove Improvement Association ( the community surrounding the
mining site) for the construction of a recreation center and park for the youth
in the community. The only reason the transfer of the property did not take
place is because good title to the property could not be given to the
Association by the Fullwoods. This community still fully intends to proceed
with the construction of a park and recreation area on that property if good
title can ever be obtained by the Fullwoods, If a permit is granted for mining
in this area it would adversely effect the purposes the community has in mine
to advance the quality of life for youth and other persons in the community.
The scope of this project as well as its potential for expansion will have
unduly adverse effects on the potable groundwater supplies as the potential
for pollution is increased by removal of huge amounts of sediment. This type
of mining if allowed will hold pockets of water that do not run off but will
remain stagnant and potentially dangerous to wildlife in the area. Drinking
water will be more difficult to find on the adjacent lands as the water tables
drop from the mining and it becomes more expensive to use well water. The
mosquitoes that are attracted to these sites eventually come over to adjacent
properties making the use and enjoyment of ones own property nonexistent.
The air pollution and the level of noise that will be associated with this
project in this residential area is inconsistent with the level and scope of
mining Mr. Parker has in mind.

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In the community as well as on the property of the adjacent property owners
where this mining is being proposed there are significant numbers of children
in the area for whom this activity would be an attractive nuisance. The open
pits as well as the holes to be left that will be filled with water constitute a
direct and substantial physical hazard to public health and safety of these
children. This is a rural area. The children here are use to roaming the area
properties unsupervised and without fear by the parents of this potential death
trap that is being constructed in our community.
A residential community is not intended for this type of mining. The law
recognizes this and requires the applicant to seek a Permit from the state to
engage in this type of activity. The State should weigh the competing interest
consistent with the Mining Act and I'm sure that is what you will do.
However, I would request that you give significant weight to the balance of
purpose here that is at the heart of the conflict between the applicant and
those of us who live in the community. The purpose of the applicant is to
make money. The purpose of the community in opposing this applicant is to
preserve the quality of life in our community now and for future generations.
The applicant can make money anywhere. This is our home and should be
protected by the state for all the reasons previously mentioned.
Enclosed are the deeds I have to date regarding this property that is the
subject of the application. I would draw your attention to the last deed
regarding this property that states WITHOUT OPINION OF TITLE (Exhibit
B). This information is circled on that deed. Additionally their was an option
on this property that was not exercised because we believe good title could
not be obtained (Exhibit Q. We believe the grantors on both deeds did not
own the property that was signed over to the Fullwoods but that the property
is still undivided estate property that belongs to a multitude of heirs.
Therefore because legal title cannot be established the Fullwoods have
resorted to a lease of the property which we do not believe they have the legal
authority. A more thorough title search is being done and that additional
information will be forwarded to you within the next 5 days.
Thank you for your time and consideration. I anxiously await this
departments decision.
Sincerely,
oz::�� - AdQ7—

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Q3 OCT,3 PH 2:43
NX.
cause Tax Itrrord:ri 770+r.6doa And Palo
Tux Lot Nu. rrel ldenGGcr No.......2P00074
Derided by Coat,l� un llte day of 19. ...
by .......... .
]fall after rerurding to .... - I
This instrument tvn3 prepuled by. Roberc Uayae Lon& .Attorney,at•Lgw
Nrief desrriptie,ll !•:r the ladex
NORTH CAROLINA GENERAL WARRANTY DEED
THIS f3CED made this day ut. September l9. .88,by and between
GRANTOR GRANTEE
dryar%G Hcrmin Crissett Lloyd Fullwoad a^d wife,
and wife, Certhcl Fullwood
Lida Criisett
Rt. 3, Box 365A
Supply, NC 28462
17
✓ fnite In■pyroyrlalt block for tier,par'.r: name.addrett,and,J epVtol,tlatt,cheraoter of entity,t4 eorpersttea At parlen b10L l
The deaiiinutio:. Cruul.,r and Grantee as used hereic s3,:111 ioelude .r,,id pc.rliel, their heirs, successors, and asellaa, and
shall include sirguiar, plural, musvu3ine, feminine or neuter as required by context.
WITNlESS£'H, that the Grantor, for o valuable ccnsWerltiun paid by tha Grantee, the receipt of which is heteby
aeltno+'icdged, had l,ud l y their y resents dots crane, bargain, tell and convey unto the Grantee in sea Alroplo, Mt that !
certain lot or purtel of t::uc41 ideated in the City of Lockwood_Folly Township,
$run5'liek Cuun y,\urth Carolina a'ld murc palticutully de,aribed is follow!:
S-ze attc%hed txhlbit "A" incorporated Herein for a complete dcacription of property.
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c:xMKIT
747 � 6G6
Mlle pre•perty hrrciaubin v d. t;I`brd'Was aty:ired by-GrOLt Dr b} insttatr,ent recorded in .
A:r.jp shot:ing the:.brier described propertl EA recorded in Plut Eoolt - - .. page ..
TO HAVE AND TO !HOLD the afateaaid lv: of parcel of land %nd iil priviletra and appurtenaners thereto betonQlne to
tht Cranlec in ftc sifnp!c.
i %Rd the G .ntur ro,cu:1114 '..ith the Cra+Itlt. Thal Grantt+t is Yri:ecl of the premises in fee simple,has the right to convey
'ht aas:c In ftc I;:np!c, that title in -tarkewbIt :.nd free and r'car of*11 encumbrances,and that Grantor will warrant and
d efend the titic ag l :ein,t the Z,w ful ciaims of;1:1 petsd:i whantsreser except for the rlccepliona hctcinafter stated.
Title to the pruperty hcreinabcvt• described is sub;ett to the fi'llow;ng erlreptians:
4
th WITNLfS I.1f6.R,;0+'. It., Glanl.r r... hef.Ynl., let h1. nand.M .11 1 if a Iparllf.hag t.urr{ th1. Ih.trtlr,ehl 11 be allnrd V AIA
tWt.f al.w.lYe it If.d.)y♦uth.e Led.11.r And .I. teal 1. A. Lt l.Ywl. /IIiRr{ eI .MIhYe111 of Ile tl.ard ur Ih, d.r Ind tell tlgal
a0....IIItrA. i t
................................................ .T!�'r✓Yltd•'YL .....r ?4 ..faswLt
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1 CYrno/.tt n'.n'rl , 13 y'an Herman Grissett
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^�, r'It.I fed ►date hlr UI 067 and ulwdwitdled;hr errs.4+ew.1 twd fdfel WA/!will YlwtnL WetAa..ear
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a"' "`` rteco-darn rh:s 3:d day of Octc6er, nn1983 at: 2••;43 PM
... - .. ..1.. `.�.:.:.............RCGILTLR or bk:l:ae rnit.... ................CVI'NTT
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CLEUS
i.I,tj 1A rn ii%
rp'Tt% i P"'Ct'(dme"lint,UWA 8J.4 Pa*W
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1140 after rectording to
This iristramem wam pt.-1,ar-,1 b) 'AXLEV AND TRE$T, 1.1.ttrneys of Law, W1!H:0:U:( OPINI5P' OF TITLE
MAJ. acres, L,QCVW00d roily Town to
Noon-i C'AROUNA CEM."RAL WARRANTY MIED
:'HIS DVED made this f day of )IJ 90 by void between
GRANTOK GRANTER
LJLA GRISSETT, wi-Saw LLOYD FULLWC*D an4 wi fit
GERTAL FULLWDOD
Route 3. Box 365-A
Supply. NC 28462
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Eale, is 40ppreprialff blftlL lot earl. jatir; DA#b-.&Adf@U. MMA, W &PIPPIPtI410, 9%StAtiff 01*M1121.4e, CGOPMUSU ar rLiespow V• 'fir
The datictatian Cr&Mof AnJ "tb(sWe &A need heislei *h*l; ImItsde said Parlits. thelt ligirs. succeotiorp, and amle", led
ehall Include %ifivular, plun, ;:.asitilins, (eMLMQ# Pr licUIPF Its 'equired �y runiqxL
'VIULSUT11. that the for a YalualAt paid by the Cromtee. the WOW of WhICb III 'Wf*y
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,fkmuwl-:dded. his and by (hers P11,31jiti duct Itiant. !,*rgaitt, itcl; wid crintity wtiiv the CIAW*v It, fee m'mPl't- all 0" �!,j J
t oej U In hot vt p.,mil Uf 41k-I si-jistod is the City of Lockwood roily.. TqWmak*
Brim .w".ck V i t).Kurth Ca rilline 6 od murs p.,I I LC%I jar ly dCJC T1110 I as fUTIOWS
KING all of the'. certain tract or parcel of lane; contaitilml 10M3
nore or less, at:-r0rJinq to a survey plat entiti-ld *Strvty for L',Cyd and
Ce-,-thel Fuliv-Dod . fated 31 October 1990 prepared by Sore 14, Norris, R.L.S.. C
i
rt-,ordtd jr, Pap '.,.00x V dt Pagr 137. lrumwtek County Registry, to which plat
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re f L,- nc* is he-- :by madt: and which is I nt.urpora Led here-n for greater certainty "4,
of descrlvticn.
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he p:ci,rlty he:rt:.a+-,t.v 1!c}erse4' era•achvlr•-d t•y Cruntor by lrftrcment rFleried In ..... .................... ..........................
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A rn;ip Aw.,gin,,the aL•rrc tin-erihe9 IIr.:Ver:y 1!:a:tlrltd to 1'IRt 81 ok....... ..y .._....-... pyre.. •137...........
i0 FIAY!{A\11 TJ IIVL:?tl:r afn;claid Int or pnecc! L•f I:Irld and all privl;orce ynd ny+purlehr.n.ea thereto belvll;lar to ;4,•
the Crunte.i iu far
Amd the Crmiv;r rolrn,ruty w i:11 th•. Gramcc. ;hat Cranlur is sei:ed of the prerniees itt fee simple,hue the rirht to convey
I h.•ena,a 7a fev pimple. 01.4 title is —Aftstltc Had free and cleur of all tncarllhrurres.and that Grunter will,worraat sod
l,cf.nd the title::,^,:lint:-he.:a�sfa t,l,ttrn!of n:: peraahl veho-naueaer except for the I:sceptionn hereinkfter etAted.
';:;e :u iht pr„ptrty Sen•in fllvle lit•trr.hetl ;.i ,ubjnct. t•1 tie fv4owing exce•ptioln: ry .
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P,jrjo 117 1-oclelther dith tho' W t;hL16F. t 't M-11) j 11 M4tp CAIII-,Gt Y
at Pilf3c I L I. 'Pais C,pt ,- f c): a 1,or i c.I of sixty (60) days
beg;im I ri,i JUnn I'), I ljf)f• w I I It k'it. I i ;r:t 4;.1 rvr,,,wd I ;,r an -idd I t I on*I
sixty (5u) days.
Thisthe 10Lh day of J,_-n.a, 1796.
------(Seal)
PM T Lloyd Ful)wood
.".I� T.—
f. ,;��.11�-
Cr 3111,l Yul and
STATE of WA4711 ('AP1;1.1NA tits
lav _T
A.
CoUt!TY (j, PhIN.14-We
_I, P.11k 11 ira . `Lllol.i Notary flvblic of t 7R
iL-6v County I i j y Cjs'tL" j,jtoyj Fullwood and v to,
Certhel Fullwurd por:jon.11ly q.j.vnj,uJ 1jet,_,re mu this day and
ar:knoW104(jod the duo, exoCiftirm ,! 11m, fr,rv�jv1nrj In5trument for the
p-irpo:;o th,jrl!ln u0 fc-rth.
W111IF".!; my hand brd ii�jt,,IA,sl tt,mp or g.vaj , this the 19th day
Of Junv,
414,4.1
tIoUary Put-II,- N
U 0 L 1C,
My Commis-s ary ixplres:
4 +
..........
STSM OF.4010-11 CA flIANA
C011NTY Ok mw.,4s" '.K
t
in 111k 1011A ;.h.1
28164SVOT61 1 T I T ,1 n

APR.80.1998 211:10AM 213;ENVIRONMENTAL MGMT N4.908 P. 1/9
WILLIE N HEWETT �,5q PAS 61
Willie N. Hewett
271617th Samt Np,
Wasinington, DC 20019
Tole: [phone]
Fax: [phone] �� r
RECE V
WOE: April 24, 1999 a?R 2 a 1995
TQ Mr. Andy Macall � &s
i
FR bM: Wi11ie N. Hewett
Pal des: 9 including this one
i
Re, i Reponse to
New Sure Mining pens t
I Applicant; John F. Parker
NU sage; Will send original today by
fm class mail
I
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NO.9eS P.2/9
ORPR. ©.19981511 c 10RM202-ENVIRONMENTRL. MGMT WILLIE H HEWETT EBfl
rH�E 02
l
i
Willie N. Newett
I 2716 17th Street NE
Washington, DC 20018
Tele: [phone]
Fax: [phone]
April 24, 1998
W. Andy Macau
Senior Field officer !
Department of Envkonma ttal
and Natural Resources
Wachovia Budding
Suite 714 1
225 Greene Street
Fayeneville, NC 29301
Re: New Surface Mining T'"t
Applicant : John F. {Ricky.'}Parker
Location; Brunswick Count', NC
Dear W M=all:
I am an heir to property that is drectly 4amt to the property for which this
New Surface Mvting Permit� hereinafter Permit) is being requested. I am
writing in total opposition to your department granting a Perout to Mx. Parker
for the above referenced prof ect.
First it is not clear fi=the 16d deeds and documents that I have reviewed
that Mr. Parker has the pwm.salon of all the owners of the proposed mining
SAC to mine this Property. 'I:a lease agreement with Mr. Pacer for this
property as I it cc saes from Lloyd and C=*el Fullwaod. Implicit
in this agreement has to be thin'ir authority to enter into such a lease for the
proposed raining site. If the )ullwoods do not have a valid deed to this
property or the authority to 12c the property on the owners behalf then Mr.
Parker ceztaWy doss not have ".the authority to aome into this community and
mine or even to apply for a permit to mine this property without aU the
owners permission.
11

ppP.30.1998 111� 10RM 29:ENVIRONqENTAL MGMT
WILLIE N T ESQ PAGE 03
The rides pr=ulgftd inader the . . Act Article require e the a li
� � pp cant for
a permit to no*all ad i�a0M prapexty owners of the proposed mining site.
Certainly t rules incluc�t or imply and even assume that the owners of the
proposed mining site be contacted. The adjacent property owners as well as
1.
the surrounding community have a strong and abiding merest in maidng sera
the proper parties who own the mating site have been contacted. One reason
for this is because once t6 mining takes placg the heir,to the community in
terns of public haalth ant safety is done and there is no recourse to the
community or the adjacent property owners. Therefiore the applicant should
certaify under oath that a t tle search has been done and he is negotiating with
the legal owners of the ppperty and that proof should be submitted to this
department.
A part of this same proper,► on which the mining is proposed was offered to
the Cedar Grove Improvga lent Association ( the community sounding the
mining site) for the constn fiction of a recreation center and park for the youth
in the colamonunity. The only reason the der of the property did not take
place is because good title
" ld the property cou not be given to the
Association, by the Fullwoo Is. This community still fully haends to proceed
with the construction of a p,A and recreation area an that property if good
title can ever be obtained by the Fultwoods. If a permit is gm ated for mining
in this area it would adversefy eftact the purposes the community has in mine
to advance the quality of life for youth and other persons in the community.
The scope of this project as 4ell as its potential for expansion will have
unduly adverse efforts on the potable groundwater supplies as the potential
for pollution is increased by i emoval of huge amounts of sediment, This type
of nainitig if allowed will hold rockets of water that do not nm off but will
rEmaEi�d stagnant and potentials y dangerous to wild3ife m the area. Drinking
water will be more difficult to And on the adjawnt lands as the water tables
drop from the mining and it bt c-omes more expensive to use well water. The
mosquitoes that are attracted t a these sftes eventually come over to adjacent
properties making the use and emoyateot of oases own property nonexistent.
The air pollution and the level bf noise that will be associated with this
Project is this residential aria is inconsistent with the level and scope of
miming Mr. Parkes has in mind.
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-- N0.908 P.4i9
APR.30. 1993 911' 10AM 210,ENIVIRONMENTAL. MGMT WILLIE N HDE7'f FM PAGE 04
In the eonununity as well i� on the property of the adjacent property owner
where this minins is being 'Proposed there are sigaif mat numbers of children
in the area for whom this i 0vity would be an atnctive nuisance. The open
pits as well as the boles to be left that will be filled with water constitute a
direct and substantial phy%cal hazard to public health and safety of these
children. This is it rural an* The children here are use to roaming the area
properties unsupervised an I without fear by the parents of this potential death
trap that is being consmwti�. in our =wnunity.
A residential is not intended for this type of mining. The law
recogn as this and requim ;the applicant to seek a Permit from the state to
engage.in this typo of activitiy. The State should weigh the competing interest
consistent with the Mining,diet and rm sure that is what you will do.
However, I would request t d you give significant weight to the balance of
pwpose here that is at the h iart of the conflict between the applicant and
those of us who hive in the c�"==ty. The purpose of the applimt is to
intake money. The purpose of the community in opposing this applicant is to
preserve the quality of life h i our commumty now and for future generations.
The applicant can make money anywhere. This is our home and should be
protected by the sty for all the reasons previously mentioned.
Enclosed we the deeds I hai 1 to date regarding this property that is the
subject of the application. I irould draw your attention to the last deed
regarding this property that s tates WITHOUT OPINION OF TITLE (Exhibit
H). This information is circled on that deed. Additionally their was an option
on this property that was not exercised because we believe good title could
not be obtained (Exhibit Q. We belimm the grantors on both deeds did not
own the property that was sal ped over to the FuUwoods but that the property
is still undivided estate props zty#hat belongs to a multitude of heirs-
Therefore because legal title cannot be established the Fullwoods have
resorted to a lease of the prof mrty whieb we do not believe they have the legal
authority. A more thorough title search is being done and that additional
information will be forwardci!to you within the next 5 days.
Pliant you for your time and,consideration. I anxiously await this
departments decision.
,
Sincerely,

NO.908 P.5/9
NVIRCnfMTAL MGMT WILL.IE N HEW07 EM PAGE 85
APR.30.1938 111 11AM1 �0 __ ��
. 0747 0605
raga�r;�tIt-cls�F.�ra�t
as OCT-3 PH r.43
rtf�F,f 1-G7©RisQH
+ AEC')ia€r DEC"
ti
]Came l llh'ardkw?I"ban awd tqa
Tax to Pro.. w 7+n+tial Tdsatillwr Ko.
Vend"e1 or,11111 dMr of....n.
by1.........iw,. .. •.� ... �� . , ..�. . f.. . ,.. ,. i •.. .. . .. ..... .. w .f. �.. w....• ..... n.............,.......
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This ioaWaaaae wom proparsd 4l. ,. .................. ....
Britt siaacr•Ip(re+1 evr the ejsd■a
NORTH CAI OLINA GEN EUL WA#R"N Y DEED
TH46 at*G motif thra day a i. SeatouLar f .19, .A!.Qy end rahm"
IMM cq�.vrWt a+t�krttc .
1'
ttelrane Korm.rR criaaari U40d, lb4woad arA W04,
aad vita, Gotthek Puiiwaad
Luia GCiaaaat '�
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stlppl�lr tic lbift .
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7=
W,er 111 wft"4 MOIL for Sate wky.."Iw,Nahtw ON,;t■onffrlatt,rMerarsq it radq.K earlleeaaaa w aoiot"aw I
. The de puW rr%gwr "ll dfovillf a''V'*d rerttR i5y11 !llrlt+d.su111 parIIIa,UWjf6 belt,�nicHfOrf.Mill vo■lm,AM
.' �.11 {aelyda sln:q;ar, a>ur•i.R,Wcilline �raltnlre ar nelr4ef,10 tiesµ+tract by ca%94L. :-
WJjXE jr.V, Ott ilso craAter. too a ,wetreltls cteeldeeaitan ye19 Ly ihs 6rahita, the rer:elpl. of wwah is hora4?
autsaowled;eds EAe and by sllaaa Treatn4'do's irat{l, worm. ee11 and s:4nYor 4ntd rho Grantee in ter alssmlo, all fti ;
atel61A lot at wrest of land lauSlyd in 1i s city fit- , ...�,�+aki+�,lP�lY,,,
'• prnsorrwitk C,ItitN'Y.Mint 1'carollgo 410 Inure prllNu:nra de+terihed ar fnilewa: .
i
8.s atLothed Ysthi6le "A" ;es,eep'Mtad h@C1111 f0f a COMP lea dtaaripti,sn of yrop■rtr.
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Na. P.6•9
ApR,3�.1998 111:11AM 2B:ENUIRONMENTAL MGMT
GfILLIE N HEWM EM PAGE 06
i �ILIT s
w f •'' Pia�.__�._
i :1747 1606
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The propo fJr lieertaa
I 1 bava d..tCrTLatt.•ae F144:lnll by CrryYmOT iy in117pR1►l1 r1m►ds4 I ..... _
...». .., �,,. .. .I.I.... ,, .. .... .
M4P aheWlap tbd aW%-s Qfattleae prop-ity Is r"O"'444 is"tat 899tt
TO liAVt:AKA TO KOLb titer ata►esald loi 01 yalrisl e!laad »� all yrlrJlt�tu dlnd appnrlenatnees tlltrato aTloryliip 10
the Ctfnteu to too cmpto.
I
ULI Ohl Grantor c"riltd4 YClth tht qra et;1, that 4cf,54401 411a11ed at tha orpalatd lA rar/i1R,7o,hill the rwtm to tepvn the aAY.0 1r1 NIP d[rppla,that tS{h►1a n.a rip 1019 and trat acid 4'a.f at all aneriablaneq,and Ihat Granlst will tearlaAt aad
1leroad the 1(tle a1;liludt 1ha lawful rLITna doss pgd.lno trhanlyrn•er aiae111►iaf tht e af
trrptlo hrreiA1111a►dt.tod.
•Pltlr W tha proprl5�hYNinahovt 11eae6b4d 11 aY4rrt to the Jalloalni{•areptionti
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td.41fM.��y kdr 4 MfitW Yiia1�0..IWar4ai i4sr~.+Iarld PAY Y tiM 1dlq�Y LItLH fr M�1�711tllayl E.e MM VT nYMh�u y,Y~4 iw 4f Yf�e,fk/�r
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n 'jZw7,4�A��S01t 4 .....►lp;.3n1E.R.����..�T �pt�f...... ..........._........r.......�...........-...._,-.....an.idh
•/ ,l' * eanaNly.4/*.na be i F*FI UL.day rend Mb4pMIrap/Ili,■ar+wilra M Iw.{uN.41,4dannrwpl,ifh..11 iae
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. afWA fM 4►tL On•1 IV 1 niprNU.F.la4 arfr4at9d t..1?947081..■r akar/4 61 rods b its...............
k fr411less.srabll.w III Wlu4w ual.-d Ut•Iwff ar.n.,n,....r t[a............ ............a•dna■s
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nr�col*d dii'.e 7rd clay a OetebanI. MB at-2143 Ply
.. .d- ,..�+ i.+.w.,r•........110CIstr4 n/rYfoa flOR...... U 1h................
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we aw■•wM I.ar+ai��i �rl'a.14.1,r11��I'Ii!-�.�.•ih-.a•.i� !••11.�i.,�a11rA1 .
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NO.908 P.7/9
i RPR.30. 1998 111:11RM 28.ENVIRONMENTRL MGMT WIL.L.IE N HEWETT E54 PACE 07
VA
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vorltlyd by Cu11Aly m)fur da► of
• 11a1t aft[► turraTAs u1 ; �r'I
This lt[t"Yont was Prepilf"i a, 9M41ti �RC 1REST, Vtorallys at LOW MITWUT OPINION OF TITU
lyriaf dPcf1yl11•h r..r S>7� Ind1� �"^ ��'-�..'�"'_"
,>63 Ee�rly uc�,yrapd loll Orrfl TO
NORTH (:AROL I.q", A t:E,'rtl:RAL VVAUANTY DIMM
T,IM MUM rend[ IMA t day .4 I Dltallbr►• �d.� � � ■red O[t+rarm • >,r ,,
wLA CRf SSM. 1.I:for LLOYD f1t1.LVMD and al to.
' cf�71+�1. f11lt1iDOD , •�. '�
a011te 3. Dpa 364-A '<
supply, NC 384K
r jl
arar•to•ossorlam►hill far roll.. 01. hums,aa41 LI s.Y ►sompfYlt.rlarstw or 8"1<•!.04 wwowAt[t w sa.lar441� �
4411MOU61% Grantor suJ !Irohw aw 04a4i +r016 Mh11 IM111dIll u1d Prrtl+a, tdl.lr purr[, .ven4101%+till atalhut,111141
ahn11 IaalYdt +insular. plar1 I ::.a1r11n@. fa1t1111 0+ or l;r4►t1<f"-•myui►ad )il, 4fN114At
'YITHE"If11, ihtt the Gr.rlt,u, Nil a .dill It evty:41rta111,q n+1* 6f t11a Cr•htaR, tha r+a~I►1y 1 01 Maltl fa lAla*
,t►aaMNdsed. hill and I* tAru Ylrahsts d"s fr[al. ;.ryalm, -loll 1.110 CdP4r4 w110 the Crarlta IA fro >t M0101. all MM
•r ee+I11A iut u4 RS mi ut Shn•t A%llated if NI[Q111114of . 1.oC1t1ti401 1011y.. ruwp >*
i� Dran•wick l'1 "4,Smith Cil"I1 to+11141MITO V411 ralarl4 JOIC 1N1■O IL41wr61
DURC all of tha; tnrtat4 tmii% or parfel of land containing IN.83 ACreas
rare or lea*. Morms to a joevey 111 entttl.4 "krrt,r for LlUd and
Urthel full►odd . latto 31 t46toWr 1990 prOP06113 by Stlre M. 110r~rill, R.l,.s., ;.
I'tcordea In Pap .oar, V st 4ai>ti 137. 6rurlSvIch County %fury. to 11hieR plat
refernnsa IS hf^:!y ea . and *hich is 1Aaurvarewo hollv'n for gr4ltier' urUiRty
of Ul:criptlGR, "I #,•,,I .
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N0.9t�18 p.8/9
APR.30. 1998 ]11 12AM 20: VIRONMEN7AL MI;MT WILL.IE N MUM E�SC>t PAGE 08
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isle Crenlyd in Ifee a��.�.t*. 1
Mid the Craitsisr revennrler woo Imp ceenw. :l.A CM10r L sel:sd 9lthe prrtnll>saillfea elrliplp i1i14 li►4 rleltk{11 tdjllief
No ligM-1 In dtg slfi911%Owl bile ill hln,*01aitile ithd Trey and river ol+il ttlrwnlirar.e".slid Ilia/Crinkil rIlkwarrKI dm4
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NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
PUBLIC NOTICE
Notice is hereby given of public hearing to be held by the North Carolina Department of Environment and
Natural Resources concerning F and R Development, Inc.'s application for a mining permit for a sand and
topsoil mine located off SR 1119 in Brunswick County.
AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 5B, Section•
.0011
PLACE, TIME, DATE: April 14, 1998
7:00 P.M.
Brunswick County Government Complex
35 Courthouse Drive
Commissioners Hearing Room
.PURPOSE: To receive continent related to the application for a mining permit for a sand
and topsoil mine located off SR 1 l 19 in Brunswick County.
Comments shall be limited to those that relate directly to the seven (7) denial
criteria listed under G.S. 74-51 of The Mining Act of 1971 that the
Department considers in making its decision to grant or deny a mining permit
application. These criteria are as follows:
The Department may deny such permit upon finding;
(1) That any requirement of this Article or any rule promulgated
hereunder will be violated by the proposed operation,
(2) That the operation will have unduly adverse effects on potable ground
water supplies, wildlife, or fresh water, estuarine, or marine fisheries;
(3) That the operation will violate standards of air quality, surface water
quality, or round water duality which have been promulgated by the
Department;
(4) That the operation will constitute a direct and substantial physical
hazard to public health and safety or to a neighboring dwelling house,
school, church, hospital, commercial or industrial building, public road
or other public property, excluding matters relating to use of a public
road;

-2-
(5) That the operation will have a significantly adverse effect on the
purposes of a publicly-owned park, forest or recreation area;
(6) That previous experience with similar operations indicates a
substantial possibility that the operation will result in substantial
deposits of sediment in stream beds or lakes, landslides, or acid water
pollution; or
(7) That the applicant or any parent, subsidiary, or other affiliate of the
applicant or parent has not been in substantial compliance with this
Article, rules adopted under this Article, or other laws or rules of this
State for the protection of the environment or has not corrected all
violations that the applicant or any parent, subsidiary, or other affiliate
of the applicant or parent may have committed under this Article or
rules adopted under this Article and that result in:
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security,
C. Conviction of a misdemeanor under G.S. 74-64, or
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64.
In the absence of any findings set out above, or if adverse effects are mitigated
by the applicant as determined necessary by the Department, a permit shall be
granted.
COMMENT PROCEDURE: All persons interested in this matter are invited to attend. The hearing
will be conducted in the following manner:
1. Explanation of the permit procedures as set forth in The Mining Act
of 1971 by the Division of Land Resources, Land Quality Section.
2. Explanation of the action for which the permit is required by the
hearing officer.

-3-
3. Public Continent-Comments, statements, data, and other information
may be submitted in writing prior to or during the hearing or may be
presented orally at the hearing. Persons desiring to speak will indicate
their intent at the time of registration at the hearing. So that all
persons desiring to speak may do so, lengthy statements may be
limited at the discretion of the hearing officer. Oral presentations
which exceed three (3) minutes must be accompanied by three (3)
written copies which will be filed with the hearing officer at the time
of registration.
4. Cross examination of persons presenting testimony will not be
allowed; however, the hearing officer may ask questions for
clarification.
5. (Optional)The applicant may make a short presentation at the end of
the hearing and may be available for individual/group discussion after
the hearing is ad1ourned.
6. The proceedings will remain open for a period of ten (10) days
following the hearing for additional written arguments or statements.
11NIFORMATtON: A copy of the mining permit application and corresponding maps are on file
with the Wilmington Regional and Central Office, Land Quality Section, for
the public's information and review prior to the date of the public hearing.
Additional information concerning this hearing may be obtained by writing or
calling:
Judith A. Wehner
Land Quality Section
Division of Land Resources
Department of Environment and
Natural Resources
P. 0. Box 27687
Raleigh, NC 27611
Telephone: [phone]

PUBLIC H EA RING FORMAT
I. Call to Order:
Good evening and welcome. My name is Andy McCall and 1 am the hearing
officer for this public hearing. My responsibility is to provide a record of this
hearing and written comments for the Director of the Division of Land Resources.
I would like to emphasize that absolutely no decisions will be made this evening on
this permit application. Please sign in at the back on the sign in sheets and indicate
whether or not you wish to speak, if you have not already done so.
Please take a copy of the Mining Act of I971, Administrative Rules on Mining,
and a Mining Brochure (hold up) for reference during the hearing.
Introduce DENR staff:
Tracy Davis, State Mining Specialist
Judy Wehner, Assistant State Mining Specialist
Dan Sams, Regional Engineer, Wilmington Reg. Office
Carol Miller, Environmental Technician, Wilmington Reg. Office
Jim Simons, Chief Engineer, Land Quality Section
II. State the Purpose for Hearing:
- The purpose of this hearing is to receive public comment related to the mining
permit application for a sand and topsoil mine located off SR 1119 in Brunswick
County.
The hearing will be conducted in the following manner:
l. Explanation of the permit procedures as set forth in The Mining Act of
1971 by the Division of Land Resources, Land Quality Section.
2. Explanation of the action for which the permit is required by the hearing
officer.
3. Public Comment - Comments, statements, data, and other information may
be submitted in writing prior to or during the hearing or may be presented
orally at the hearing. Persons desiring to speak will indicate their intent at
the time of registration at the hearing. So that all persons desiring to speak
may do so, lengthy statements may be limited at the discretion of the
hearing officer. Oral presentations which exceed three (3) minutes to 5
(five)must be accompanied by three(3) written copies which will be filed
with the hearing officer at the time of registration.

9
7
-2-
4. Cross examination of persons presenting testimony will not be allowed;
however, the hearing officer may ask questions for clarification.
5. (Optional) The applicant may make a short presentation at the end of the
hearing and may be available for individual/group discussion Aftsf the
hearing is adjourned.
6. The proceedings will remain open for a period often (10) days following
the hearing for additional written arguments or statements.
111. Explanation of the Action for which a Mining Permit is Required:
The applicant proposes to mine sand and topsoil in an area located off SR 1119 in
Brunswick County. As the proposed permit will exceed one acre, a mining permit
is required. The applicant has submitted an erosion and sedimentation control plan
for the mine site intended to protect surrounding areas and watercourses. A
reclamation plan has also been submitted to the Department for review concerning
restoration of this area to a useful land use once mining has terminated. A copy of
this information may be viewed here at the front of this hearing room after the
hearing has adjourned. Copies of the application materials may also be viewed
upon request after tonight at the Land Quality Section Wilmington Regional Office
and the Raleigh Central Office.
III. LQS Presentation:
Now I would like to defer to Tracy Davis, State Mining Specialist with the Land
Quality Section, for a brief explanation of the mining permit procedures as set
forth in the Mining Act of 1971.
IV. Comment Procedure:
Comments shall be limited to those that relate directly to the seven (7) denial
criteria listed under G.S. 74-51 of The Mining Act of 1971 that the Department
considers in making its decision to grant or deny a mining permit application.
These criteria are the ones that were explained in detail to you a few minutes ago
by the Land Quality Section Mining Program staff.

y
-3-
Again, if you have not already signed the attendance sheet in the back, please do
so now. This will provide us with an accurate attendance record and will let us
know who wishes to speak at the hearing tonight. We do not want to miss
anyone.
In view of the amount of individuals who wish to speak, I will not limit your
presentation unless it runs over 15 minutes.
- There is no particular order in which I will call on you to speak, unless you have
specifically requested so prior to the start of this hearing. Therefore, I will
proceed row by row down the attendance sheets calling on those who have
indicated that they wish to speak.
Please step forward to the podium when I call your name. If you have written
comments it would be extremely helpful if you would provide them to us before
you start your presentation.
(call on each person who wishes to speak and take notes on their comments, concerns, etc.)
L4S-staff-will_address_guestions concerning_the_Act_
- After all of the individuals that have indicated that they wish to speak have finished
their presentations, ask if anyone else wishes to speak. Ask them to approach the
podium.
- Is there anyone else?
- At this time, would the applicant wish to make some brief comments?
We would like to thank everyone for attending this public hearing tonight and for
the important comments and questions raised. The Department will review the
items presented tonight as they relate to G.S. 74-51 of the Mining Act of 1971.
The proceedings of this public hearing will remain open for a period of 10 days
from tonight or until April 24, 1998 for the filing of additional written comments
to be included in the official hearing summary I will prepare for the Director of the
Division of Land Resources.
-4-

Please send 2 copies of any written comments to me at the following address:
Andy McCall
Senior Field Officer
Fayetteville Regional Office, DENR
Wachovia Building, Suite 714
225 Greene Street
Fayetteville, North Carolina 28301
Please note that even though the public hearing summary will close on April 24,
1998, the Department will continue to accept written public comments on this
application throughout the application review process until a decision is made.
The Mining Program staffs business cards are available on the table containing the
handouts at the entrance to this room.
Are there any questions? 1f not, this public hearing is now adjourned.
td
g.lusmlshmm\nib glwplpubhcaAtbrmat.doc

uat��
LAND QUALITY SECTION PUBLIC HEARING PRESENTATION
As Andy McCall stated, my name is Tracy Davis. My title is State Mining Specialist with
the Department of Environment and Natural Resources, Division of Land Resources, Land
Quality Section.
My job, and that of the other members of the staff, is to review all applications for a
mining permit as they relate to The Mining Act of 1971. There were copies of the Act and Rules
(hold up) placed at the sign in area. There is also a small brochure called "North Carolina
Mining" (hold up) that briefly explains the basic points of the Act and how it affects the mine
operator.
I would like to take a moment and briefly review a few specific areas of the Act. If you
would refer to G.S. 74-47, Fi i , on the first page of the Mining Act handout (white handout):
"The General Assembly finds that the extraction of minerals by mining is a basic and
essential activity making an important contribution to the economic well-being of North
Carolina and the Nation. Furthermore, it is not practical to extract minerals required by
our society without disturbing the surface of the earth and producing waste materials, and
the very character of certain surface mining operations precludes complete restoration of
the land to its original condition. However, it is possible to conduct mining in such a way
as to minimize its effects on the surrounding environment.

-2-
Furthermore, proper reclamation of mined land is necessary to prevent undesirable land and
water conditions that would be detrimental to the general welfare, health, safety, beauty, and
property rights of the citizens of the State. The General Assembly finds that the conduct of
mining and reclamation of mined lands as provided by this Article will allow the mining of
valuable minerals and will provide for the protection of the State's environment and for the
subsequent beneficial use of the mined and reclaimed land."
As stated in G.S. 74-49, Definitions. number (7) on page 2 of the Mining Act:
"'Mining' means: a) the breaking of the surface soil in order to facilitate or accomplish the
extraction or removal of minerals, ores, or other solid matter; b) 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 their original location; OR c)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."
The Act goes on to state that:
"'Mining' does nnt include: a) those aspects of deep mining not having significant effect on
the surface, where the affected land does not exceed one acre in area; b) mining operations
where the affected land does not exceed one acre in area; c) plants engaged in processing
minerals produced elsewhere and whose refuse does not affect more that one acre of land;
d) excavation or grading when conducted solely in aid of on-site farming or of on-site
construction for purposes other than mining;

-3-
or e) removal of overburden and mining of limited amounts of any ores or mineral solids
when done only for the purpose and to the extent necessary to determine the location,
quantity, or quality of any natural deposit, provided that no ores or mineral solids removed
during exploratory excavation or mining or sold, processed for sale, or consumed in the
regular operation of a business, and provided further that the affected land resulting from
any exploratory excavation does not exceed one acre in area."
On page 5 of the Mining Act, under G.S. 74-51, Permits - ApplicatioIL granting, conditions_ the
Act states, under subsection (b) that:
"The Department shall grant or deny the permit requested as expeditiously as possible, but
in no event later than 60 days after the application form and any relevant and material
supplemental information reasonably required shall have been filed with the Department,
or if a public hearing is held, within 3_Q days following the hearing and the filing of any
relevant and material supplemental information reasonably required by the Department.
On page 6 of the Act, under subsection (c), the Act goes on to state:
"The public hearing shall be held within 60 days of the end of the 30-day period within any
requests for the public hearing shall be made."
The most important information that I can present to you tonight is found under subsection (d) on
page 6 of the Act. It states:

-4-
"The Department may deny the permit for modification to the existing permit] upon
finding [only one of the seven criteria listed on pages b and 7 of the Actj:
1) That any requirement of this Article or any rule promulgated hereunder will be
violated by the proposed operation,
This means that the very nature of the activity proposed in the application will immediately
violate any of the basic requirements of the Act and corresponding Administrative Rules.
2) That the operation will have unduly adverse effects on potable groundwater
supplies, wildlife, or fresh water, estuarine, or marine fisheries;
The application was routed to WRC on February 25, 1998 for their review and comment.
WRC's comments were received by LQS on March 30, 1998 and they had no comment.
3) That the operation will violate standards of air quality, surface water quality, or
ground water quality that have been promulgated by the Department:
The application was routed to the Division of Air Quality and the Division of Water
Quality for review and comment. Comments were received from these agencies by LQS on
February 25, 1998.
4) That the operation will constitute a direct and substantial physical hazard to public
health and safety or to a neighboring dwelling house, school, church, hospital,
commercial or industrial building, public road or other public property, excluding
matters relating to the use of public road;
The application contained detailed information regarding active and final slopes at the site.

-5-
5) That the operation will have a significantly adverse effect on the purposes of a
publicly owned park, forest or recreation area;
The activity proposed in the application is not located near a publicly owned park, forest or
recreation area.
6) That the previous experience with similar operations indicates a substantial
possibility that the operation will result in substantial deposits of sediment in
stream beds or lakes, landslides, or acid water pollution;
A detailed erosion and sedimentation control plan was submitted with the application and
will be thoroughly evaluated by both the Land Quality Section's Wilmington Regional
Office staff and the Raleigh Central Office staff.
OR
7) That the applicant or any parent, subsidiary, or other affiliate of the applicant or
parent has not been in substantial compliance with this Article, rules adopted under
this Article, or other laws or rules of this State for the protection of the
environment or has not corrected all violations that the applicant or any
parent, subsidiary, or other affiliate of the applicant or parent may have committed
under this Article or rules adopted under this Article and that resulted in:
a. Revocation of a permit,
b. Forfeiture of part or all of a bond or other security,
C. Conviction of a misdemeanor under G.S. 74-64,
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64.

-G-
This pertains to the applicant's prior operating record with the Mining Program and the
Department of Environment, Health and Natural Resources as a whole.
The Act goes on to clearly state that:
"In the absence of any findings set out in subsection (d) of this section, or if adverse
effects are mitigated by the applicant as determined necessary by the Department, a permit shall
be granted."
The decision on the issuance of a mining permit will not be made tonight. The authority
to issue or deny a permit lies with the Director of the Division of Land Resources, Mr. Charles
Gardner.
Any permit issued shall be expressly conditioned upon compliance with all requirements of
the approved reclamation plan for the operation and with such further reasonable and appropriate
requirements and safeguards as may be deemed necessary by the Department to assure that the
operation will comply fully with the requirements and objectives of the Mining Act.
If the Department denies this application for a permit, it shall notify the operator in
writing, stating the reasons for its denial and any modifications in the application which would
make it acceptable. The operator may thereupon modify his application or file an appeal to the
North Carolina Mining Commission which consists of a 9-member Governor appointed board that
reviews such issues as permit appeals and civil penalty appeals.

-7-
In the event that the application for a mining permit is approved, any aggrieved parties will be
notified by the Department of the permit issuance and its rights to file an appeal contesting the
Department's issuance of the permit.
In the event that this application for a permit is approved, the applicant must post and
maintain with the Department an appropriate reclamation or performance bond. The amount of
the bond is based upon a per acre amount ranging from $500.00 to $5,000.00 per acre "affected"
by the miring operation, with a maximum bond or "cap" of$500,000.00. A bond calculation
workheet and schedule of reclamation costs are used to determine the proper bond amount. The
bond must remain in force for the life of the mining permit. In the event the operator fails to
satisfactorily reclaim the site or he fails to operate the site according to the conditions and
limitations of the mining permit, the bond may be forfeited and the money used to complete any
outstanding reclamation remaining at the site.
Please be advised that offsite truck traffic on public roads, noise, and potentially negative
impacts on property values are not within the jurisdiction of The Mining Act of 1971. These
items are more properly addressed through local zoning ordinances. l also would like to draw
your attention to G.S. 74-65, Effect oflocal zoning rggulations, on page 16 of the Act. The Act
basically states that the issuance of a state mining permit, and any transfer, renewal or
modification to it, does= supersede any duly adopted local zoning ordinance. Furthermore, it is
the responsibility of the local authority, not the Department, to enforce any such ordinance that
may be in effect covering the project area.
0

t
-O-
1 would like to reiterate what Andy McCall said earlier, the hearing record will remain
open for a period of up to 10 days from tonight or the 24th of April, 1998. This gives those
individuals that were unable to attend an opportunity to comment. You may also think of
something else that you would like to add to ,your comments made here tonight. This provides
,you that opportunity. The LQS will accept written comments after the public hearing record
closes, until a decision is made by the Director on this application.
Also, there is occasionally some confusion as to when the 30 day clock for the review
begins. The 30 day period starts after this hearing tonight. Should the Department request
additional information from the applicant, the 30 day clock would start over upon the
Department's receipt of all of the requested information.
If there are no questions, L would like to turn the program back over to Andy McCall.
/td
g;lulcnil�hAreltnininglwplrubhearVgs.com

ATTENDANCE REGISTRATION SHEET
N C DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES
MINING PUBLIC HEARING
FOR
F & R DEVELOPMENT, INC.
APRIL 14, 1998
. . . PLEASE PRINT. . .
CHECK IF CHECK IF YOU WISH
Name MAILING ADDRESS YOU WISH TO RECEIVE A COPY
TO SPEAK OF HEARING
SUPalARY

ATTENDANCE REGISTRATION SHEET
N C DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES
MINING PUBLIC HEARING
FOR
F & R DEVELOPMENT, INC .
APRIL 14, 1998
. . . PLEASE PRINT. . .
CHECK IF CHECK IF YOU WISH
Name MAILING ADDRESS YOU WISH TO RECEIVE A COPY
TO SPEAK OF HEARING
SUMMARY
sLd ✓ �/

Y ATTENDANCE REGISTRATION SHEET
r
N C DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES
MINING PUBLIC HEARING
FOR
F & R DEVELOPMENT, INC .
APRIL 14, 1998
. . . PLEASE PRINT. . .
CHECK IF CHECK IF YOU WISH
Name MAILING ADDRESS YOU WISH TO RECEIVE A COPY
TO SPEAK OF HEARING
SUMMARY

a ,
NORTH CAROLINA DEPARTMENT OF
' k ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND ResouRccs
May 1, 1998
JAMES B.HUNT.JR. -•
'"GOVERNOR '
- Mr. Andrew (Andy) McCall - _. ... . .- . -.
---Senior Field Officer
Fayetteville Regional Office'
r K?
CDEV1 Wachvvia Building Suite 714
iZRETAJWV1Y. �A � 225 Greene Street «F•_- .•
�`r g Fayetteville, North Carolina 8301
Re: Mining-Permit Application Public Hearings
P. Emr'ia TOR ' ' Martin Marietta Aggregates' Laster's Pit Modification _
�ANO GKOIL0011M = F and R Development's Proposed F and R Development Mine
4 5k ; �a Brunswick-County
Lumber River Basin
3., 3 :� �. .'.:-Dear Mr. McCall: -
Thank you for assisting the Land Quality Section as Hearing Officer for-the
=_' = above referenced public hearings.
The Land Quality Section has commented to me on the professional
manner in which you conducted the meeting and on the timeliness and
completeness of the official Hearing Records for both hearings.
Again,thank you for your assistance.
Sincerely,
- Charles H. Gardner, P.G., P.E.
-,- _ CHGIjw _
cc: Mr. Tracy EL'Davis; P.E.
Mr, Daniel E. Sams, P.E. =
�,..= d LAND QUALITY SECTION [phone] FAX[phone] '
GKOLOOICAL SURVEY SRE±TION(91 9)733-2423 FAX[phone]'
y P.D.BOx 27687,RALEIGH,NORTH CAROLINA 2761 1-76$7 TELEPHONE{918)733-3833 FAX[phone]$01
AN EQUAL OPPORTUNITY!AI+PIRMATIYE ACT10N EMPLOYER-50%RECYCLRd10%-POUT-CONSUMKR PAPER

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1131W
LAND QUALITY SECTION PUBLIC HEARING PRESENTATION
As Andy McCall stated, my name is My title is AA.vntaw State Mining
Specialist with the Department of Environment and Natural Resources. Division of Land
Resources, Land Quality Section.
My iob, and that of the other members of the staff, is to review all applications for a
mining permit as they relate to The Minna Act of 1971. There were copies of the Act and Rules
(hold up) placed at the sign in area. There is also a small brochure called "North Carolina
Mining" (hold up) that briefly explains the basic points of the Act and how it affects the mine
operator.
1 would like to take a moment and briefly review a few specific areas of the Act. If you
would refer to G.S. 74-47, Findings, on the first page of the Mining Act handout (white handout):
"The General Assembly finds that the extraction of minerals by mining is a basic and
essential activity making an important contribution to the economic well-being of North
Carolina and the Nation. Furthermore, it is not practical to extract minerals required by
our society without disturbing the surface of the earth and producing waste materials, and
the very character of certain surface mining operations precludes complete restoration of
the land to its original condition. However, it is possible to conduct mining in such a way
as to minimize its effects on the surrounding environment.

-2-
Furthermore, proper reclamation of mined land is necessary to prevent undesirable land and
water conditions that would be detrimental to the general welfare. health. safety. beauty. and
oronerty rights of the citizens of the State. The General Assembly finds that the conduct of
mining and reclamation of mined lands as provided by this Article will allow the mining of
valuable minerals and will provide for the protection of the State's environment and for the
subsequent beneficial use of the mined and reclaimed land."
As stated in G.S. 74-49. Definitions, number (7) on page 2 of the Mining Act:
"'Minim!' means: a) the breaking of the surface soil in order to facilitate or accomplish the
extraction or removal of minerals, ores, or other solid matter, b) 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 their original location: OR c) the preparation. washing.
cleanina. or other treatment of minerals. ores. or other solid matter so as to make them
suitable for commercial, industrial, or construction use."
The Act goes on to state that:
"'Mining' does r= include: a) those aspects of deep mining not having significant effect on
the surface, where the affected land does not exceed one acre in area: b) mining operations
where the affected land does not exceed one acre in area. c) plants engaged in processing
minerals produced elsewhere and whose refuse does not affect more that one acre of land.
d) excavation or grading when conducted solely in aid of on-site farming or of on-site
construction for purposes other than mining:

-3-
or e) removal of overburden and mining of limited amounts of any ores or mineral solids
when done only for the purpose and to the extent necessary to determine the location,
quantity, or quality of anv natural deposit, provided that no ores or mineral solids removed
during exploratory excavation or mining or sold, processed for sale, or consumed in the
regular operation of a business, and provided further that the affected land resulting from
any exploratory excavation does not exceed one acre in area."
On page 5 of the Mining Act, under G.S. 74-51, Permits - Application, granting, conditions, the
Act states, under subsection (b) that:
"The Department shall grant or deny the permit requested as expeditiously as possible, but
in no event later than 60 days after the application form and any relevant and material
supplemental information reasonably required shall have been filed with the Department,
or if a public hearing is held, within 30 days following the hearing and the filing of any
relevant and material supplemental information reasonably required by the Department.
On page 6 of the Act, under subsection (c), the Act goes on to state:
"The public hearing shall be held within 60 days of the end of the 30-day period within any
requests for the public hearing shall be made."
The most important information that 1 can present to you tonight is found under subsection (d) on
page 6 of the Act. It states:

I --
-4-
"The Department may deny the permit upon
finding [only 2g of the seven criteria listed on pages 6 and 7 of the Act].
1) That any requirement of this Article or any rule promulgated hereunder will be
violated by the proposed operation;
This means that the very nature of the activity proposed in the application will immediately
violate any of the basic requirements of the Act and corresponding Administrative Rules.
2) That the operation will have unduly adverse effects on potable groundwater
supplies, wildlife, or fresh water, estuarine, or marine fisheries;
The application was routed to WRC on February 25, 1998 for their review and comment.
WRC's comments were received by LQS on March 30, 1998 and they had no comment.
3) That the operation will violate standards of air quality, surface water quality, or
ground water quality that have been promulgated by the Department:
The application was routed to the Division of Air Quality and the Division of Water
Quality for review and comment. Comments were received from these agencies by LQS on
February 25, 1998 .
4) That the operation will constitute a direct and substantial physical hazard to public
health and safety or to a neighboring dwelling house, school, church, hospital,
commercial or industrial building, public road or other public property, excluding
matters relating to the use of public road;
The application contained detailed information regarding active and final slopes at the site.

-5-
5) That the operation will have a significantly adverse effect on the purposes of a
Publicly owned park, forest or recreation area;
The activity proposed in the application is not located near a publicly owned park, forest or
recreation area.
6) That the previous experience with similar operations indicates a substantial
possibility that the operation will result in substantial deposits of sediment in
stream beds or lakes, landslides, or acid water pollution;
A detailed erosion and sedimentation control plan was submitted with the application and
will be thoroughly evaluated by both the Land Quality Section's Wilmington Regional
Office staff and the Raleigh Central Office staff.
OR
7) That the applicant or any parent, subsidiary, or other affiliate of the applicant or
parent has not been in substantial compliance with this Article, rules adopted under
this Article, or other laws or rules of this State for the protection of the
environment or has not corrected all violations that the applicant or any
parent, subsidiary, or other affiliate of the applicant or parent may have committed
under this Article or rules adopted under this Article and that resulted in:
a. Revocation of a permit,
b. Forfeiture of part or all of a bond or other security,
C. Conviction of a misdemeanor under G.S. 74-64,
d. Any other court order issued under G.S. 74-64, or
C. Final assessment of a civil penalty under G.S. 74-64.

-6-
This pertains to the applicant's prior operating record with the Mining Program and the
Department of Environment, Health and Natural Resources as a whole.
The Act goes on to clearly state that:
"In the absence of any findings set out in subsection (d) of this section, or if adverse
effects are mitigated by the applicant as determined necessary by the Department, a permit shall
be granted."
The decision on the issuance of a mining permit will not be made tonight. The authority
to issue or deny a permit lies with the Director of the Division of Land Resources, Mr. Charles
Gardner.
Any permit issued shall be expressly conditioned upon compliance with all requirements of
the approved reclamation plan for the operation and with such further reasonable and appropriate
requirements and safeguards as may be deemed necessary by the Department to assure that the
operation will comply fully with the requirements and objectives of the Mining Act.
If the Department denies this application for a permit, it shall notify the operator in
writing, stating the reasons for its denial and any modifications in the application which would
make it acceptable. The operator may thereupon modify his application or file an appeal to the
North Carolina Mining Commission which consists of a 9-member Governor appointed board that
reviews such issues as permit appeals and civil penalty appeals.

-7-
In the event that the application for a mining permit is approved, any aggrieved parties will be
notified by the Department of the permit issuance and its rights to file an appeal contesting the
Department's issuance of the permit.
In the event that this application for a permit is approved, the applicant must post and
maintain with the Department an appropriate reclamation or performance bond. The amount of
the bond is based upon a per acre amount ranging from $500.00 to $5,000,00 per acre "affected"
by the mining operation, with a maximum bond or "cap" of$500,000.00. A bond calculation
workheet and schedule of reclamation costs are used to determine the proper bond amount. The
bond must remain in force for the life of the mining permit. In the event the operator fails to
satisfactorily reclaim the site or he fails to operate the site according to the conditions and
limitations of the mining permit, the bond may be forfeited and the money used to complete any
outstanding reclamation remaining at the site.
Please be advised that offsite truck traffic on public roads, noise, and potentially negative
impacts on property values are not within the jurisdiction of The Mining Act of 1971. These
items are more properly addressed through local zoning ordinances. I also would like to draw
your attention to G.S. 74-65, Effect of local zoning regulations, on page 16 of the Act. The Act
basically states that the issuance of a state mining permit, and any transfer, renewal or
modification to it, does not supersede any duly adopted local zoning ordinance. Furthermore, it is
the responsibility of the local authority, not the Department, to enforce any such ordinance that
may be-in effect covering the project area.

-8-
1 would like to reiterate what Andv McCall said earlier. the hearing record will remain
open for a period of up to 10 days from tonight or the 24th of April. 1998. This gives those
individuals that were unable to attend an opportunity to comment. You may also think of
something else that you would like to add to vour comments made here�tonight. This provides ,
you that pportunity. 01 ' "`' 4t
Also. there is occasionallv some confusion as to when the 30 day clock for the review
begins. The 30 day period starts after this hearing tonight. Should the Department request
additional information from the applicant, the 30 day clock would start over upon the
Department's receipt of all of the requested information.
If there are no questions, 1 would like to turn the program back over to Andy McCall.
Ad

�• +�-.tea slms/'
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
,NCDENR:_
JAMES B.HUNTJR.
'G!"RNOR r;�•
MEMORANDUM
'RWAYNs IvicDcvlTr�' +L: .
;"•SLCRIYPARYI' TO: Andrew McCall -
Nt
.rs' Senior Field Officer
r
� 1 FROM: Charles Gardner Q'
INARL68F1.•r RONBR.• Director Division of Land Resources
1?G; P.E:_IRK OR
AND STATE GEOL'OGIBT
-TiDATE: April 7 1998
�Y c
SUBJECT: Public Hearing
F and R Development, Inc.
Proposed F and R Development Mine
Brunswick County
1
..The-Land Quality Section has received significant public interest relative to a
mining permit application filed by F and R DeveIopment, Inc.. I have determined
t that a public hearing is warranted. Thus, I am requesting your assistance in
=" performing the duties as hearing officer. Judy Wehner, Assistant State Mining
Specialist, will be in touch with you to work out any questions you may have.
_ Please find enclosed copies of the Public Notice concerning the hearing and'the
Public Hearing Format. Your cooperation in this matter is greatly appreciated.
-�-- _ Enclosures
cc: Mr .Dan Sams, P.E.
LAND QUALITY SECTION (91 9)7 33-4 574 V FAX[phone]
_ •� ,"k. GEOLOGICAL SURVEY SECTION C919)733-2423 FAX[phone]
P.O.BOX 27667, RALZIUM, NORTH CAROLINA 2761 1-7607 TELEPHONE [phone] FAX [phone]'
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECY CLEW 10% POST-CONSUMER PAPER

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DMSION OF LAND RESOURCES - LAND QUALITY SECTION -
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina Department of Environment and
Natural Resources concerning F and-R-Development, Inc.'s application for a mining permit for a sand and
topsoil mine located off SR 1119 in Brunswick County,
AUTHORITY: N.C.G.S. 74-51 And N.C.A.-C. Title-15, Chapter 5 Subchapter 5B, Section
.0011 -
PLACE, TIME, DATE: April 14, 1998
7:00 P.M.
Brunswick County Government Complex
35 Courthouse Drive
Commissioners Hearing Room
PURPOSE: To receive comment related to the application for a mining permit for a sand
and topsoil mine located off SR 1 119 in Brunswick County.
Comments shall be limited to those that relate directly to the seven (7} denial
criteria listed under G.S. 74-51 of The. Mining Act of 1971 that the
Department considers in making its decision to grant or deny a mining permit
application. These criteria are a's follows:
The Department may deny such permit upon finding:
(1) That any requirement of-this Article or any rule promulgated
hereunder will be violated by the proposed operation-,
" (2) That the operation will have unduly adverse effects on.potable ground
water supplies; wildlife, or fresh water, estuarine, or marine fisheries,
v (3) That the operation will violate standards of air quality,-surface water
quality, or ground water quality which have been promulgated by the
Department,
(4) -That the operation will constitute a direct and substantial physical
hazard to public health and safety or to a neighboring dwelling house,
school, church, hospital, commercial or industrial building, public road
or other public property, excluding matters relating to use-of a-public
road;

-2-
(5) That the operation will have 'a significantly adverse effect on the
purposes of a publicly-owned park, forest or recreation area;
(6) That previous experience with similar operations indicates a
substantial possibility that the operation will result in substantial
deposits of sediment in stream beds or lakes; landslides, or acid water
pollution; or
(7) That the applicant or any parent, subsidiary, or other affiliate of the
applicant or parent..has not been in substantial.compliance with this
Article, rules adopted under this Article, or other laws or rules of this
State for the protection of the environment or has not corrected all
violations that the applicant or*any parent, subsidiary, or other affiliate
of the applicant or parent may have committed under this Article or
rules adopted under this Article and that result.in:
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security.
C. Conviction of a misdemeanor under G.S. 74-64, or
d. Any other court order issued under G.S. 74-64, or
e. Final assessment•ofa civil penalty under G.S. 74-64.
In the absence of any findings set out above, or if adverse effects are mitigated
by the applicant as determined necessary by the Department, a permit shall be
granted. .
COMMENT PROCEDURE: All persons interested in this matter are invited to attend. -The hearing
will be conducted in the following manner,
1. -Explanatiod'of the permit procedures as set forth--in The Mining Aot'
of 1971 by the Division of Land Resources, Land Quality Section.
2. Explanation of the action for which the permit is required by the
hearing officer:

-3W
Y 3. Public Comment-Comments, statements, data, and other information
may be submitted in writing prior to or during the hearing or may be
presented orally at the hearing. Persons desiring to speak will indicate
their intent at the time of registration at the hearing. So that all
persons desiring to speak may do so, lengthy statements may be
limited at the discretion of the hearing officer. Oral presentations
which exceed three (3) minutes must be accompanied by three (3)
written copies which will be filed with the hearing officer at the-time
of registration.
4. Cross examination of persons presenting testimony will not be
allowed-, however, the hearing officer may ask questions for
clarification.
5. (Optional) The applicant may make a short presentation at the end of
the hearing and may be available for individuaL/Woup discussion after
the hearing is adjourned.
6. The proceedings will remain open for a period of ten (10) days
following the hearing for additional written arguments or statements.
LNFORMATION: A copy of the mining permit application and corresponding maps are on file
with the Wilmington Regional and Central Office, Land Quality Section, for
the public's information and review prior to the date of the public hearing.
Additional information concerning this hearing may be obtained by writing or
calling:
Judith A. Wehner
Land Quality Section �-
Division of Land Resources
Department of Environment and
Natural'R-dsourdes-�r
P. O. Box 27687
Raleigh, NC 27611
Telephone:. [phone]

PUBLIC HEARING FORMAT
I. Call to Order:
Good evening and welcome. My name is Andy McCall and I am the hearing
officer for this public hearing. My responsibility is to provide a record of this
hearing and written comments for the Director of the Division of Land Resources.
I would like to emphasize that absolutely no decisions will be made this evening on
this'permit application. Please sign in at the back on the sign in sheets.and indicate
whether or not you wish to speak, if you have not already done so. ,
Please take a copy of the Mining Act of 1971,'Administrative Rules on Mining, -
and a Mining Brochure (hold up) for reference during the hearing.
- Introduce DENR staff:
Tracy Davis, State Mining Specialist
.Judy.Wehner, Assistant State Mining Specialist
Tony Sample, Assistant State Mining Specialist
Dan Sams, Regional Engineer, Wilmington Reg. Office
Carol Miller, Environmental Technician, Wilmington'Reg. Office
Janet Paith, Environmental Technician, Wilmington Reg. Office
il. State the Purpose for Hearing:
The purpose of this hearing is to receive public comment related to the mining
permit application for a sand and topsoil mine located off SR 1 1 19 in Brunswick
County.
The hearing will be conducted in the following manner:
1. Explanation of the permit procedures as set forth in The Mining Act of
197.1 by the Division of Land Resources, Land Quality Section.
2. Explanation of the action fog which the permit is required by the hearing..
officer.
3. Public Comment - Comments, statements, data, and other information may
be submitted in writing prior to or during the hearing or may be presented
orally at the hearing.---Persons desiring to speak-will indicate their intent at
the time of registration at the hearing. So that all persons desiring to speak
may do so, lengthy statements may be limited at the discretion of the
hearing officer. Oral presentations which exceed three (3) minutes must be
accompanied by three (3) written copies which will be filed with the
hearing officer at the time of registration.

.,_.. -2-
4. Cross examination of persons presenting testimony will not be allowed-,
however, the hearing officer may ask questions for clarification.
5. (Optional) The applicant may make a short presentation at the=a of the
hearing and may be available for individual/group discussion,der the
hearing is adjourned.
6- The proceedings will remain open for a period of ten (10) days following
the hearing for additional written arguments or statements.
III. Explanation of the Action for which a Mining Permit is Required:
- The applicant proposes to mine sand and topsoil in an area located off SR 1119 in
Brunswick County. As the proposed permit will exceed one acre, a mining permit
is required. The applicant has submitted an erosion and sedimentation control plan
for the mine site intended to protect surrounding areas and watercourses. A
reclamation plan has also been submitted to the Department for review concerning
restoration of this area to a useful land use once mining has terminated: A copy of
this information may be viewed-here at the front of this hearing room after the
hearing.has adjourned.. Copies of the application materials may also be viewed
upon request after tonight at the Land Quality Section Wilmington Regional Office
and the Raleigh Central Office.
111. LQS Presentation:
Now 1 would like to defer to Judy Wehner, Assistant State Mining Specialist with
the Land Quality Section, for a brief explanation of the mining permit procedures
as set forth in the Mining Act of 1971.
IV. Comment Procedure:—
- Comments shall be limited to those that relate directly to the seven (7) denial
criteria listed under G.S. 7475 i .of The.Mining Act of 1971 that the Department
considers in making its decision to grant or deny a mining permit application.
These criteria are the ones that were explained in detail to you a few minutes ago
by the Land Quality Section Mining Program staff.

-3-
- Again, if you have not already signed the attendance sheet in the back,.please do
so now. This will provide us with an accurate attendance record and will let us
know who wishes to speak at the hearing tonight. We do not want to miss
anyone.
In light of the number of people who have indicated their desire to present
comments on this application., I will limit oral comments to 3 minutes per person in
order to give everyone desiring to speak adequate time. If there is additional time
available at the end of the hearing, I may allow additions) comments at that time.
There is no particular order in which I will call on you to speak; unless you have
specifically requested so prior to the start of this hearing. Therefore, I will .
proceed row by row down the attendance sheets calling on those who have
indicated-that wish to speak.
Please step forward to the podium when I call your name. If you have written
comments it would be extremely helpful if you would provide them to us before
you start your presentation.
(call on each person who wishes to speak and take notes on their comments, concerns, etc.)
QS staff will address questions concerning the Act.
After all of the individuals that have indicated that they wish to speak have finished...-.-
their presentations, ask if anyone else wishes to speak. Ask them to approach the
podium.
Is there anyone else?
At this time, would the applicant wish to make some brief comments?
We would like to thank everyone for attending this public hearing tonight and for
the important comments and.questions raised. The Department'will'review the
items presented tonight as they relate to G.S. 74-51 of the Mining Act of 1971_
The proceedings of this public hearing will remain open for a period of 10 days
from tonight or until April 24, 1998 for the tiling of additional written comments
to-be included in the official hearing summary I will prepare for the Director of the
Division of Land Resources.

-4-
Please send 2 copies of any written comments to me at the following address: ~
Andy McCall
Senior Field Officer
Fayetteville Regional Office, DENR
Wachovia Building, Suite 714
225 Greene Street
Fayetteville,North Carolina 28301
Please note that even though the public hearing summary will close on April 24,
1998, the Department will continue to accept written public comments on this
application throughout-the application review process until a decision is made.
The Mining Program staffs business cards are available on the table containing the
handouts at the entrance to this room.
Are there any questions? If not, this public hearing is now adjourned,
td
g:1 ncnL+turc miiunglwp puhhrar,forruL dce

{
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
PUBLIC NOTICE
Notice is hereby given of public hearing to be held by the North Carolina Department of Environment and
Natural Resources concerning h and R Development, Inc.'s application for a mining permit for a sand and
topsoil mine located off SR 1119 in Brunswick County.
AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 5B, Section
.0011
PLACE, TIME, DATE: April 14, 1998
7:00 P.M. .
Brunswick County Government Complex
35 Courthouse Drive
Commissioners Hearing Room
PURPOSE: . To receive comment related to the application for a mining permit for a sand
and topsoil mine located off SR 1119 in Brunswick County.
Comments shall be limited to those that relate directly to the seven (7) denial
criteria listed under G.S. 74-51 of The Mining Act of. 1971 that the
Departmeiinbiisiders,in-making-its decision to grant or deny a mining permit
application. These criteria are as follows:
The Department may deny such permit upon finding:
(1) That any requirement of this Article or any rule promulgated
hereunder will be violated by the proposed operation-
(2) That the operation Afhave unduly adverse effects on potable ground
water supplies, wildlife, or fresh water, estuarine, or marine fisheries;
(3) That the operation will violate standards of air quality, surface water
quality, or ground water quality which have been promulgated by the
Department;
(4) That the operation will constitute a direct and substantial physical
hazard to public health and safety or to a neighboring dwelling•house,.
school, church, hospital, commercial or industrial building, public road
or other public property, excluding matters relating to use of a public
road;

f
-2-
(5) That the operation will have a significantly adverse effect on the
purposes of a publicly-owned park, forest or recreation area;
(6) That previous experience with similar operations indicates a
substantial possibility that the operation will result in substantial
deposits of sediment in stream beds or lakes, landslides, or acid water
pollution., or
(7) That the applicant or any parent, subsidiary, or other affiliate of the
applicant or parent has not been in substantial compliance with this
Article, rules adopted under this Article, or other laws or rules of.this ---...
State for the protection of the environment or has not corrected all
violations that the applicant or any parent; subsidiary, or other affiliate
of the applicant or parent may have committed under this Article or
rules adopted under this Article and that result in:
a. Revocation of his permit.,
b. Forfeiture of part or all of his bond or other security,
C. Conviction of a misdemeanor under G.S. 74-64, or
d. Any other court order issued under G.S. 74-64, or
e. Final assessment-of a civil penalty under G.S. 74-64. .
In the absence of any findings set out above; or if adverse effects are mitigated
by the applicant as determined necessary by the Department,.a permit shall be
granted.
COMMENT PROCEDURE: All persons interested in this matter are invited to attend. TW:hearing
will be conducted in the following manner:
1. Explanation of the permit procedures as set forth in The Mining Act
of 1971 by the Division of Land Resources, Land Quality Section.
2. Explanation of the action for.which the permit is required by the
hearing officer.

f
-3-
3. Public Comment-Comments, statements, data, and other information
may be submitted in writing prior to or during the hearing or may be
presented orally at the hearing. Persons desiring to speak will indicate
their intent at'the time of registration at the hearing. So that all
persons desiring_to speak may do so, lengthy statements may be
limited at the discretion of the hearing officer. Oral presentations
which exceed three (3) minutes must be accompanied by three (3)
" written copies which will be filed with the hearing officer at the time
of registration. T +�
4. Cross examination of persons presenting testimony will not'-be
allowed; however, the hearing- officer may ask questions for
clarification.
5" (Optional)The applicant may make a short presentation at the end of
the hearing and may be available for individual/group discussion after
the hearing is adjourned:
6. The proceedings will remain open for a period of ten (10) days 4
following the hearing for additional written arguinenis'or stat6thents.
INFORMATION: A copy of the mining permit application and corresponding maps are on file
with the Wilmington Regional and Central Office, Land Quality Section, for
the public's information and review prior to the date of the-public hearing.
Additional information concerning this hearing may be obtained.by writing or
calling:
Judith A. Wehner
Land Quality Section
Division of Land Resources
Department of Environment and
Natural Resources
P. O. Box 27687
Raleigh, NC 27611
Telephone: [phone]
1 =

- ;•. ,.y;
NORTH CAROLINA DEPARTMENT OF
V ENVIRONMENT AND NATURAL RESOURCES
�'� s DIVISION QF' LAND RESOURCES
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you do not receive alI pages, please contact sender 919/7334574.
i. �- �•`�",ya LAND QUALITY SECTION [phone] FAX[phone]
GEOLOGICAL SURVUY SHCTION(919)733-2423 FAX[phone]
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P.D.Box 27607,RALEIGH,NORTH CAROLINA 2761 1.7687 TELEPHONE[phone] FAX[phone]
AN FGUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER•809E RECYCLEO/10% POST•CONGVMER PAPER
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NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina Department of Environment and
Natural Resources concerning F and R Development, 1nc.'s application for a mining permit for a sand and
topsoil mine located off SR 1119 in Brunswick County.
AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 5B, Section
.0011
PLACE, TIME, DATE: April 14, 1998
7:00 P.M.
Brunswick County Government Complex
35 Courthouse Drive
Commissioners Hearing Room
PURPOSE: To receive comment related to the application for a mining permit for a sand
and topsoil mine located off SR 11 l9 in Brunswick County.
Comments shall be limited to those that relate directly to the seven (7) denial
criteria listed under G.S. 74-51 of The Mining Act of 1971 that the
Department considers in making its decision to grant or deny a mining permit
application. These criteria are as follows:'
The Department may deny such permit upon finding:
(1) That any requirement of this Article or any rule promulgated
hereunder will be violated by the proposed operation;
(2) That the operation will have unduly adverse effects on potable ground
water supplies, wildlife, or fresh water, estuarine, or marine fisheries;
(3) That the operation will violate standards of air quality, surface water
quality, or ground water duality which have been promulgated by the
Department;
(4) That the operation will constitute a direct and substantial physical
hazard to public health and safety or to a neighboring dwelling house,
school, church, hospital, commercial or industrial building, public road
or other public property, excluding matters relating to use of a public
road;
I

-2-
(5) That the operation will have a significantly adverse effect on the
purposes of a publicly-owned park, forest or recreation area,
(6) That previous experience with similar operations indicates a
substantial possibility that the operation will result in substantial
deposits of sediment in stream beds or lakes, landslides, or acid water
pollution, or
(7) That the applicant or any parent, subsidiary, or other affiliate of the
applicant or parent has not been in substantial compliance with this
Article, rules adopted under this Article, or other laws or rules of this
State for the protection of the environment or has not corrected all
violations that the applicant or any parent, subsidiary, or other affiliate
of the applicant or parent may have committed under this Article or
rules adopted under this Article and that result in:
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security,
C. Conviction of a misdemeanor under G.S. 74-64, or
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64,
in the absence of any findings set out above, or if adverse effects are mitigated
by the applicant as determined necessary by the Department, a permit shall be
granted.
COMMENT PROCEDURE: All persons interested in this matter are invited to attend. The hearing
will be conducted in the following manner:
1. Explanation of the permit procedures as set forth in The Mining Act
of 1971 by the Division of Land Resources, Land Quality Section.
2. Explanation of the action for which the permit is required by the
hearing officer.

-3-
3. Public Comment- Comments, statements, data, and other information
may be submitted in writing prior to or during the hearing or may be
presented orally at the hearing. Persons desiring to speak will indicate
their intent at the time of registration at the hearing. So that all
persons desiring to speak may do so, lengthy statements may be
limited at the discretion of the hearing officer. Oral presentations
which exceed three (3) minutes must be accompanied by three (3)
written copies which will be filed with the hearing officer at the time
of registration.
4. Cross examination of persons presenting testimony will not be
allowed; however, the hearing officer may ask questions for
clarification.
5. (Optional)The applicant may make a short presentation at the end of
the hearing and may be available for individual/group discussion after
the hearing is adjourned.
6. The proceedings will remain open for a period of ten (10) days
following the hearing for additional written arguments or statements.
INFORMATION: A copy of the mining permit application and corresponding maps are on file
with the Wilmington Regional and Central Office, Land Quality Section, for
the public's information and review prior to the date of the public hearing.
Additional information concerning this hearing may be obtained by writing or
calling:
Judith A. Wehner
Land Quality Section
Division of Land Resources
Department of Environment and
Natural Resources
R O. Box 27687
Raleigh, NC 27611
Telephone: [phone]

�> NORTH CAROLINA DEPARTMENT OF
' ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOuRces
3- I
April 2, 1998
­'�JAMES H.HUNTJRr:,
kG01/SRNOR I.
Mr. Jimmy Varner
County Manager
Brunswick County Government Center
M �`C '� , 45 Courthouse Drive
."tWAYNE R4DEYITI'
sscReTAxY; Bolivia, North Carolina 28422
t RE: Public Hearinu
Proposed F and R Development, Inc.'s Mine
r n
_.-,P.G„P,E:.DINECTOR
5 � ", I Dear Mr. Varner:
AND STATE G6QL:OOIISTy'
', This letter is to acknowledge vour approval of the Department's request for
use of the facilities at the Brunswick County Commissioners Hearing Room to
conduct a public hearing- on April 14, 1998. Enclosed is a copy of the public
notice that is to be published in the Wilmington Star News. Please note the
hearing is scheduled to begin at 7.00 p.m. We will be arriving between 6:00 and
i 6:15 p.m. and would like to have someone on-hand to unlock the facility at that
4..•i
. : ''' j time. �.
Your cooperation in providing the facility for our use is greatly
' appreciated. Should you have any questions, please contact me at (919) 733-
i�i► 4574.
41 Sincerely,
Judith A_ Wehner
Assistant State Mining Specialist
�= Land Quality Section
JW Enclosure
cc: Mr. Dan Sams, P.E.
r - -
✓ --LAND QUALITY SECTION (91 9)733-4574 FAX[phone]
"* J••4 GEOLOGICAL SURVEY SECTION(919)733-2423 FAX[phone]
n P.O.BOX 27687, RALEIGH, NORTH CAROLINA 2761 1-7687 TELEPHONE [phone] FAX[phone]
AN EQUAL OPPORTUNITY IAPPIRMATIV$ACTION EMPLOYER-50%RECYCLE0/10% POST-CONSUMER PAPER

t S
f eywU"1+,
'. NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
' DIVISION OF LANo RESOURCES
=� 4CDE iR
p`�
April 2. 1998
V JAMES B.HUNT.)R.•.
}'GOVERNOR -
`. CERTLEIED MAIL
RETURN RECELPT-REDLLESTED
WwmE;MCDw=v(Tr ,'Y??t Mr. Rlckv Parker. Jr.
RY: y F and R Development, Inc.
1861 Holden Beach, SW
Supply. North Carolina 28462
•.CHARLEB h.GJIRLINEW RE: Proposed F and R Development Mine
RG: REb=iifiR+,R" Brunswick County
ANa STATE G80L0618T?�'
Dear Mr. Parker:
The Director of the Division of Land Resources has determined that
significant public interest surrounds vour above referenced anplication.for a mining
permit. He has authorized a public hearing to be held on the matter. Enclosed is a
copv of the hearing notice for vour review.
r ' _ Please call me at(919) 733-4574 if you or representatives of F and R
Development, Inc. plan to attend and if a short presentation is planned. Your
continued cooperation is appreciated.
' i Sincerely.
'A
Judith
Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section
JW
Enclosure
ti
= cc: Mr. Dan Sams, P.E.
LAND QUAUTY SECTION [phone] FAX[phone]
GEOI_oaICAL SURVEY SECTION(919)733-2423 FAX(919)73a-0900
P.D.BOIL 27687,RALEICH,NORTH CAROLINA 2761 1-7687 TELEPHONE[phone] FAX[phone]
J AN EQUAL OPPORTUNITY/Af FiRMATIVE ACTION EMPLOYER•50%RECYCLED/10%PO'T-CONsum ErR PAPER

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DfvisioN OF LAND RESOURCES
-
. ., ..
April 3, 1998
" JAMES B.HUNTJR..
{rGOV6RN IOR
•s'
CERTIFIED MAIL
RETURN RECEIPT RE UESTED
WAYN6'111E CDC.YITT
`SECRETARY:
> t Mr. Harold Neidert
Ms. Dixie._Neidert
P. O. Box 333
Jim Thorpe, PA 18229
Aa CHARL.ES W GARDNCR
P.E::DtRECTOR'
Gen r I ." e:R F and R DeveIopment Inc.
�Nn s�w�re L•anl nr�,�`
Proposed-F'and'R Development Mine
a'4.�r= ''+;y; �,• ' ?� Brunswick County
` -'r. S+/a-'.��. fit• ,���{�--�y,r'Y
Dear Mr. & Ms. Neidert:
The Division of Land Resources has received considerable
=< correspondence related to the above referenced mining,permit application
and, pursuant to G.S. 74-51 of The Mining Act of 1971, the Director has
- 1 deemed that a public hearing is warranted. Please find enclosed a:copy of
the public notice listing the date, time and location of the hearing along
with a brief description of the hearing format. Also, enclosed is a copy of
The Mining Act of 1971 and Rules for your review. '
Please note that a_copy of the mining permit application and
_= corresponding maps are on file with this office and our Wilmington
-----»--, _ Regional Office (phone no. is [phone]) for public information and
review prior to the date of the-public hearing. -•:_. ,
G.S. 74-51 lists seven denial criteria that can be considered by the
Department in making its decision to grant or deny a mining permit.
—Y-x Please note that the Act does not have jurisdiction over offsite truck
traffic, noise, and potential impacts to-property values. G.S. 74-65 eexplains
�- the Act's effect on local zoning ordinances.
R!Ar 1
LAND QUALITY 9ECTION [phone] FAX[phone]
M
, '• ;i'j)S,T;. ^ GEOLOGICAL SURVEY SECTION(919)733-2423 FAX[phone]
P.O.BOX 27687, RALEIGH, NORTH CAROLINA 27611-7687 TELEPHONE[phone] FAX[phone]
" AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-80% RECYCLEWI:% POSY-CONSUMER PAPER,

�r 1
Mr. Harold Neidert
Ms. Dixie Neidert
April 3, 1998
Page Two --
Please contact this office if you have any questions. Your attendance and
participation will be appreciated.
Sincerely,
qud4ith A. Wenner
Assistant Mining Specialist
Land Quality Section
Enclosures ,
cc: Mr. Dan Sams, P.E
i

MR HAROLD NEIDERT MR MICHAEL TAYLOR MR DAVID POPE
MS DIXIE -NEIDERT 529. JONES STREET MS LUCY POPE , -
P O BOX 333 -STANLEY NC 28164 2112 STALLINGS ROAD
JIM THORPE PA 18229 MATTHEWS NC * 28105
MR STEPHEN J EXTANCE MR LLOYD FULLWOOD MR JAMES FULLWOOD
1080 SALT PINE ROAD MS GERTHEL FULLWOOD 2521 OLD OCEAN HIGHWAY E
SUPPLY NC 28462 1125 GRISSETT ROAD SW BOLIVIA NC � 28422
SUPPLY NC 28462
MR CURTIS BERNARD MR KEVIN MORGAN MS ADA FULLWOOD
1387 MORGAN ROAD SW 1134 CEDAR GROVE ROAD SW 1150 CEDAR GROVE SW
SUPPLY NC 28462 SUPPLY NC 28462 SUPPLY NC 28462
MR JACOB MORETZ MR JOHN MIMS MR GARY CROTTS
229 WOFFORD CIRCLE MS JUANITA MIMS MS. PAM- CROTTS
LEXINGTON NC 27292 271 STUBBY OAKS ROAD ROUTE 9 BOX 1409
ABERDEEN NC 28315 LEXINGTON NC 27292
MS DOROTHY HEWETT MS MATTIE WILLIAMS MR SAM BERNARD JR
11.04 CEDAR GROVE ROAD SW 1764 PERCY PLACE CIR SW 1060 CEDAR GROVE ROAD SW
SUPPLY NC 28462 SUPPLY NC 28462 SUPPLY NC 28462
MR CORDELL FULLWOOD MR EDIE GAUSE MS ESTHER LEE BUSH
1975 CORDIS TRAIL SW P 0 BOX 559 213 MEADOW LANE EAST
SUPPLY 'NC 28462 SHALLO,TTE NC ' 28459 'HUBERT NC 28539
MR GEORGE ENNIS SWAIN MR JOHN BRYANT MR DANIEL HEATH
210 VAI4NUMTOWN ROAD SW MS JANIE BRYANT MS MERLE HEATH
SUPPLY NC 28462 1210 BRYANT WAY SW 9321- CLIFFDALE- ROAD
SUPPLY NC 28462 FAYETTEVILLE NC . :28314
MR NORMAN CARLTON MR .ANDREW- ROGERS • r
MS CLAIR CARLTON -C/O MR ROY ROGERS
334 BROWN STREET P 0 BOX 17
LEXINGTON NC 27292 , SUPPLY NC 28462

r I NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
�'• �1:. DIVISION OF LAND RESOURCES
a7 r
NCDE RD-".`-
April 2, 1998
DAMES B.HUNTJR.'
GOVERNOR
CE9TIFIED MAIL
' I�4"x`--� RECEIPT REQUESTED
Ms."Diane Blake _. .,..
O ArrIwmc ITa .1?
SECRsrARY; x- Wilmington Star News..
Classified Ad Section
P.O. Box 840
Wilmington,-North Carolina 28402
GHARI:ES.I••I:GARDNER
> .:>r .•:,3. ,. • RE: Legal Ad
AND STATE GEOLOGIST
'4 = 's '`'`' Notice of Public Hearing.
a` :sa.L T Ly s 7
"• `��, : }fit Dear Madam,
Ar •
.4
,•.•=... Please run the enclosed notice as a legal ad in your a er on or before
p p
April 4, 1998.
Please.bi11 us-at the below address in triplicate and include the proper
affidavit that the ad was published. Should you have any questions, please contact
1 I � me immediately at [phone],
Your cooperation is appreciated.
� s Sincerely,
Judith A, Wehner
( Assistant State Mining-Specialist—
Land-Quality Section
J W
Enclosure
cc: Mr: Dan Sams, P.E.
LAND QUALITY SECTION [phone] FAX[phone]
GEOLOGIcAL SURVEY SECTION(9t 9)733-2423 FAX(919j 733-0900
f •
P.O.BOX 27687, RALEIGH,NORTH GARoLiNA Z761 1-7687 TELEPHONE[phone] FAX[phone]
-� AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50%RECYCLEA/1 O% POST-CONSUMER PAPER

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
PUBLIC NOTICE
-Notice is hereby given of public-hearing to be held by the North Carolina Department of Environment and -
Natural Resources concerning F and R Development, Inc.'s application for a minim permit for a sand and. -
topsoil mine located off SR 1119 in Brunswick County.
AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title I5, Chapter-5 Subchapter•5B; Section
.0011
PLACE, TMIE, DATE: April 14, 1998
7:00 PA.
Brunswick County Government Complex
35 Courthouse Drive
Commissioners Hearing Room - -
PURPOSE: To receive comment related to the application"for a mining permit for a sand
and topsoil mine located off SR 1 1 19 in Brunswick County.
Comments shall be limited to those that relate directly to the seven (7) denial
criteria listed under G.S. 74-51 of The Minim Act of 1971 that the
Department considers in making its decision to grant or deny a mining permit
application. These criteria are as follows;
The Department may deny such permit upon finding:
(1) That any requirement of this Article or any rule promulgated
hereunder will be violated by the proposed operation,
(2) That the operation will have unduly adverse effects on potable ground
water supplies, wildlife, or fresh water, estuarine, or marine fisheries,
(3) That the operation will violate standards of air quality, surface water
quality, or ground water quality which have been promulgated by the
Department;
(4). That the operation .will constitute a direct and substantial physical
hazard to public health and safety or to a neighboring dwelling house,
school, church, hospital, commercial or industrial building, public road
or other public property, excluding matters relating to use of a public
road;

-2-
(5) That the operation will have a significantly adverse effect on the
purposes of a publicly-owned park, forest or recreation area;
(6) That previous experience with similar operations indicates a
substantial possibility that the operation will result in substantial
deposits of sediment in stream beds or lakes, landslides, or acid water
pollution, or
(7) That.the applicant or any,.parent, subsidiary, or other affiliate of the
applicant or parent has not been in substantial compliance with this
Article, rules adopted under this Article, or other laws or rules of This
State for the protection of the environment or has not corrected all
violations that the applicant or any parent subsidiary, or other affiliate
of the applicant-or parent may have 661"mitted under ihis Article or.
rules adopted under this Article and that result in:
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security,
C. Conviction of a misdemeanor under G.S. 74-64, or
d. Any other court order issued under G:S. -74-64, or,
e. Final assessment-of a civil penalty under G.S. 74-64.'
-In the absence of any findings set out above, or if adverse effects are mitigated
by the applicant as determined necessary by the Department, a permit shall be
granted.
COMMENT PROCEDURE:. .. All persons interested iri'this matter are invited to attend. The hearing
Will be conducted in the following manner: _
1. Explanation of the permit procedures as set forth in The Mining Act
of 197.1 by the Division of Land Resources, Land Quality Section.
2. Explanation of the action for which the permit is required by the
hearing officer.

1
-3-
3. Public Comment- Comments, statements, data, and other information,
may be submitted in writing prior to or during the hearing or may be
presented orally at the hearing. Persons desiring to speak will indicate
their intent at the time of registration at-the hearing. So that all
persons desiring to speak may do so, lengthy statements may be
limited at the discretion of the hearing officer. Oral presentations
which exceed three (3) minutes must be accompanied by three (3)
written copies which will be filed with the hearing officer at the time
of registration.
4. ... Cross examination of persons presenting .testimony will not be.-
allowed; however, the hearing officer may ask questions for
clarification.
5. (Optional) The applicant may make a short presentation at the end of
the hearing and may be available for individuaV¢roup discussion after
the hearing is ad.iourned.
6. The proceedings will remain open for a period of ten (10) days
following the hearing for additional written arguments or statements.
INFORMATION: A"do.py of the mining permit application and corresponding maps are on file
with the Wilmington Regional and Central Office, Land Quality Section. for
the-public's information and review prior to the date of:the public hearing.
Additional information concerning this hearing may be obtained by writing or•.
_calling:
Judith-A. Wehner
Land Quality Section
Division of Land Resources
Department of Environment and
Natural Resources
P. 0. Box 27687
Raleigh, NC 27611
Telephone: [phone]

g
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
A4NA
"IrN R
r April 3, 1998
iJAMES B.HUNTJ0.
•(.+0V3RNjQ(0(�R
CERTIFIED MAIL
' ' 4 RETURN RECEIPT_ REQUESTED
�wAYNE MCDEVC '
SECRBTAAYP �� Mr. Stephen J. Extance
�4) . 01 o � 1080 Salt Pine Road
a ,°T� Supply, NC 28462
p ° 6
�HARL[S�J Gp/��R,a MR Re: F and R Development, Inc.
�.,P.E.XDlR[CTOR
NDSTATCiG6OLOWST a Proposed F and R Development Mine
Brunswick County
fl Dear Mr, Extance:
°
The Division of Land Resources has received considerable
correspondence related to the above referenced mining permit application
and, pursuant to G.S. 74-51 of The Mining Act of 1971, the Director has
deemed that a public hearing is warranted. Please find enclosed a copy of the
public notice listing the date, time and location of the hearing along with a
brief description of the hearing format. Also, enclosed is a copy of The
Mining Act of 1971 and Rules for your review.
1A Please note that a copy of the mining permit application and
corresponding maps are on file with this office and our Wilmington Regional
Office (phone no. is [phone]) for public information and review prior
a.
to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the
Department in making its decision to grant or deny a mining permit. Please
°ao Cm, note that the Act does not have Jurisdiction over offsite truck traffic, noise,
•-: and potential impacts to property values. G.S. 74-65 explains the Act's effect
on local zoning ordinances.
00
C=,
m
LAND QUALITY SECTION (919)733.4B74 FAX[phone]
ea GEOLOGICAL SURVEY SECTION(919)733.2423 FAX[phone]
o� o
P.O.BOX 27887,RALEIaN,NORTH CAROLINA 2781 I.7B97 TELEPHONE[phone] FAX[phone]
AN EQUAL OPPORTUNITY JAFFIRMATIVE ACTION EMPLOYER•50%RECYCLED/10%POST-CONSUMER PAPER

r'r�
Mr. Stephen J. Extance
April 3, 1998
Page Two
Please contact this office if you have any questions. Your attendance and
participation will be appreciated.
Sincerely,
Judith A. Wehner
Assistant Mining Specialist
Land Quality Section
Enclosures
cc: Mr. Dan Sams, P.E

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina Department of Environment and
Natural Resources concerning F and R Development, Inc.'s application for a mining permit for a sand and
topsoil mine located off SR 1119 in Brunswick County.
AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 5B, Section
.0011
PLACE, TIME, DATE: April 14, 1998
7:00 P.M.
Brunswick County Government Complex
35 Courthouse Drive
Commissioners Hearing Room
PURPOSE: To receive comment related to the application for a mining permit for a sand
and topsoil mine located off SR-1 119 in Brunswick County.
Comments shall be limited to those that relate directly to the seven (7) denial
criteria listed under G.S. 74-51 of The Mining Act of 1971 that the
Department considers in making its decision to grant or deny a mining permit
application. These criteria are as follows:
The Department may deny such permit upon finding:
(1) That any requirement of this Article or any rule promulgated
hereunder will be violated by the proposed operation;
(2) That the operation will have unduly adverse effects on potable ground
water supplies, wildlife, or fresh water, estuarine, or marine fisheries;
(3) That the operation will violate standards of air quality, surface water
quality, or ground water quality which have been promulgated by the
Department;
(4) That the operation will constitute a direct and substantial physical
hazard to public health and safety or to a neighboring dwelling house,
school, church, hospital, commercial or industrial building, public road
or other public property, excluding matters relating to use of a public
road;

.l
l �
-2-
(5) That the operation will have a significantly adverse effect on the
purposes of a publicly-owned park, forest or recreation area;
(6) That previous experience with similar operations indicates a
substantial possibility that the operation will result in substantial
deposits of sediment in stream beds or lakes, landslides, or acid water
pollution; or
(7) That the applicant or any parent, subsidiary, or other affiliate of the
applicant or parent has not been in substantial compliance with this
Article, rules adopted under this Article, or other laws or rules of this
State for the protection of the environment or has not corrected all
violations that the applicant or any parent, subsidiary, or other affiliate
of the applicant or parent may have committed under this Article or
rules adopted under this Article and that result in:
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security,
C. Conviction of a misdemeanor under G.S. 74-64, or
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64.
In the absence of any findings set out above, or if adverse effects are mitigated
by the applicant as determined necessary by the Department, a permit shall be
granted.
COMMENT PROCEDURE: All persons interested in this matter are invited to attend. The hearing
will be conducted in the following manner:
1. Explanation of the permit procedures as set forth in The Mining Act
of 1971 by the Division of Land Resources, Land Quality Section.
2. Explanation of the action for which the permit is required by the
hearing officer.

1
,1
-3-
3. Public Comment -Comments, statements, data, and other information
may be submitted in writing prior to or during the hearing or may be
presented orally at the hearing. Persons desiring to speak will indicate
their intent at the time of registration at the hearing. So that all
persons desiring to speak may do so, lengthy statements may be
limited at the discretion of the hearing officer. Oral presentations
which exceed three (3) minutes must be accompanied by three (3)
written copies which will be filed with the hearing officer at the time
of registration.
4. Cross examination of persons presenting testimony will not be
allowed; however, the bearing outer may ask questions for
clarification.
5. (Optional)The applicant may make a short presentation at the end of
the hearing and may be available for individual/group discussion after
the hearing is adjourned.
6. The proceedings will remain open for a period of ten (10) days
foilowing the hearing for additional written arguments or statements.
INFORMATION; A copy of the mining permit application and corresponding maps are on file
with the Wilmington Regional and Central Office, Land Quality Section, for
the public's information and review prior to the date of the public hearing.
Additional information concerning this hearing may be obtained by writing or
calling:
Judith A. Wehner
Land Quality Section
Division of Land Resources
Department of Environment and
Natural Resources
P. O. Box 27687
Raleigh, NC 27611
Telephone: [phone]

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAID RESOURCES
Y'
l
NCDERi
April 3, 1998
t+UAME9 B.HUNTJR. .
�,• C.
GO'V6RNOR
° ,a '•a CERTIFIED MAIL
'V RETURN RECEIPT REQUESTED
MAYNE IYRCORVIF
SECRSTARY�
Mr. Edie Gause
P. O. Box 559
Shallotte, NC 28459
JJ o �k a.
CHARL6sH.GARDNBR
;,<G.,P.E DIRT=GR Re: F and R Development, Inc.
AND STATEwGBOLOGIST Proposed F and R Development Mine
as Brunswick County
$�? &0 Cb Dear Mr. Gause:
' The Division of Land Resources has received considerable
correspondence related to the above referenced mining permit application
and, pursuant to G.S. 74-51 of The Mining Act of 1971, the Director has
deemed that a public hearing is warranted. Please find enclosed a copy of the
public notice listing the date, time and location of the hearing along with a
' brief description of the hearing format. Also, enclosed is a copy of The
Mining Act of 1971 and Rules for your review.
+ ° k Please note that a copy of the mining permit application and
corresponding maps are on file with this office and our Wilmington Regional
Office (phone no. is [phone]) for public information and review prior
to the date of the public hearing.
G.S. 74-51 lists seven denial criteria that can be considered by the
Department in making its decision to grant or deny a mining permit. Please
note that the Act does not have jurisdiction over offsite truck traffic.-noise.
-- - and potential impacts to Property values. G.S. 74-65 explains the Act's effect
on local zoning ordinances.
m
.y "•' p LAND QUALITY SECTION [phone] FAX[phone]
f a Qu'b
GEOLOGICAL SURVEY SECTION(919)733-2423 FAX[phone]
P.O.BOX 27687,RALEIGH,NORTH CAROL.INA 2781 1-7687 TELEPHONE IW 9)733-3833 FAX[phone]a01
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50%RECYCLED/10% POST-CONSUMER PAPER

� r
t p
Mr. Edie Gause
April 3, 1998
Page Two
Please contact this office if you have any questions. Your attendance and
participation'will be appreciated.
Sincerely,
Judith A. Wehner
Assistant Mining Specialist
Land Quality Section
Enclosures
cc: Mr. Dan Sams, P.E

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES- LAND QUALITY SECTION
PUBLIC NOTICE
Notice is hereby given of a public hearing to be held by the North Carolina Department of Environment and
Natural Resources concerning F and R Development, Inc.'s application for a mining permit for a sand and
topsoil mine located off SR l l 19 in Brunswick County.
AUTHORITY: N.C.G.S. 74-51 And N.C.A.C. Title 15, Chapter 5 Subchapter 5B, Section
. .0011
PLACE, TIME, DATE: April I4, 1998
7:00 P.M.
i Brunswick County Government Complex
35 Courthouse Drive
Commissioners Hearing Room
PURPOSE: To receive comment related to the application for a mining permit for a sand
and topsoil mine located off SR 1119 in Brunswick County.
Comments shall be limited to those that relate directly to the seven(7) denial
criteria listed under G.S. 74-51 of The Mining Act of 1971 that the
Department considers in making its decision to grant or deny a mining permit
application. These criteria are as follows:
The Department may deny such permit upon finding:
(1) That any requirement of this Article or any rule promulgated
hereunder will be violated by the proposed operation;
(2) That the operation will have unduly adverse effects on potable ground
water supplies, wildlife, or fresh water, estuarine,,or marine fisheries;
(3) That the operation will violate standards of air quality, surface water
quality, or ground water quality which have been promulgated by the
Department;
(4) That the operation will constitute a direct and substantial physical
hazard to public health and safety or to a neighboring dwelling house,
school, church, hospital, commercial or industrial building, public road
or other public property, excluding matters relating to use of a public
road;

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(5) That the operation will have a significantly adverse effect on the
purposes of a publicly-owned park, forest or recreation area;
(6) That previous experience with similar operations indicates a
substantial possibility that the operation will result in substantial
deposits of sediment in stream beds or lakes, landslides, or acid water
poIIution- or
(7) That the applicant or any parent, subsidiary, or other affiliate of the
applicant or parent has not been in substantial compliance with this
+ Article, rules adopted under this Article, or other laws or rules of this
State for the protection of the environment or has not corrected all
violations that the applicant or any parent, subsidiary, or other affiliate
of the applicant or parent may have committed under this Article or
rules adopted under this Article and that result in:
a. Revocation of his permit,
b. Forfeiture of part or all of his bond or other security,
C. Conviction of a misdemeanor under G.S. 74-64, or
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64.
In the absence of any findings set out above, or if adverse effects are mitigated
by the applicant as determined necessary by the Department, a permit shall be
granted.
COMMENT PROCEDURE: All persons interested in this matter are invited to attend. The hearing
will be conducted in the following manner:
1. Explanation of the permit procedures as set forth in The Mining Act
of 1971 by the Division of Land Resources, Land Quality Section.
2. Explanation of the action for which the permit is required by the
hearing officer.

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3. Public Comment - Comments, statements, data, and other information
may be submitted in writing prior to or during the hearing or may be
presented orally at the hearing. Persons desiring to speak will indicate
their intent at the time of registration at the hearing. So that all
persons desiring to speak may do so, lengthy statements may be
limited at the discretion of the hearing officer. Oral presentations
which exceed three (3) minutes must be accompanied by three (3)
written copies which will be filed with the hearing officer at the time
of registration_
4. Cross examination of persons presenting testimony will not be
allowed; however, the hearing officer may ask questions for
clarification.
5. (Optional)The applicant may make a short presentation at the end of
the hearing and may be available for individual/group discussion after
the hearing is adjourned.
6. The proceedings will remain open for a period of ten (10) days
following the hearing for additional written arguments or statements.
INFORMATION: A copy of the mining permit application and corresponding maps are on file
with the Wilmington Regional and Central Office, Land Quality Section, for
the public's information and review prior to the date of the public hearing.
Additional information concerning this hearing may be obtained by writing or
calling:
Judith A. Wehner
Land Quality Section
Division of Land Resources
Department of Environment and
Natural Resources
P. O. Box 27687
Raleigh, NC 27611
Telephone: [phone]