10-53_1_Redacted

ROY COOPER
Coernur
MICHAEL S. REGAN
Secr'crarti
Energy, Mineral& TRACY DAVIS Meow
Land Resources
ENVIRONMENTAL©UAUTY
December 1, 2017
Holmes Construction & Excavation
Holmes Construction & Excavation
PO Box 1216
Shallotte, NC 28459
RE: Mining Permit No. 10-53
Holmes Mine
Brunswick County
Dear Holmes Construction & Excavation:
This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the
permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4,
2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site
or for the duration of the lease term. The"life of site" means the period from the initial receipt of a permit for the operation
until the mining operation terminates and the required reclamation is completed.
Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior
expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your
part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The
mine name and permit number on the permit document, and all existing operating and reclamation conditions contained
therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new,
transferred and modified mining permits.
In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining
permit operating fee of$400 per mining permit number. By statute, the initial payment of this annual $400 fee must be
submitted to this office by December 31, 2017— see the attached Invoice to remit the initial annual fee payment by this
deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required
Annual Reclamation Report as required by GS §74-55, Failure to submit the fee by the required deadline will result in a
$50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit.
Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any
adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action
unless you contact this office with a written request to have your bond reevaluated.
The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The
responsibility of compliance with any applicable zoning regulations remains with you.
Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy
Wehner, Assistant State Mining Specialist, or me at [phone].
Sincerely,
William "Toby" Vinson, Jr., PE, CPM
Interim Director, DEMLR
I_ _,I_. ii �', is I. .,,. _ i ,. .:i1�i C I,�i::, ..-i�l. ..ir..hr•._ b ._

1
CoMPLETE THJS SECT101V COAlPrETE THIS SCCTfONON DELIVERY
■ Complete Items 1,2,and 3.Also complete A Vgnature
Item 4 If ReWcted Delivery is desired. " 641) 0 Agent
■ Print your name and address on the reverse ❑Addressee
{ so that we can return the card to you. B. Received by(Hinted Name) C. Date cf Delivery
■ Attach this card to the back of the mailplece, �-
or on the front If space permits.
{ Y. Artlole Addressed to: D. Is deltvery address different from item f? C1 Yes
1 If YES,antar.delivery address below: ❑No
G Q�i
I, MS KIMBERLY F HOLMES �
+ PO BOX 1216 3. service Type --
SHALLOTTE NC 28459 0 Certified Mail ;'O Express Mall
❑Registered ❑Return Receipt for Memhandlse
❑ Insured Mall ❑C.O.D.
4. Restricted Delivery?(EMv Fee) C]Yes
Article nnshomson4celaw) 7� 1300 par�o y3,22 8047
PS Form 3811,February 2004r0 Domestic Retum Receipt .a 0 �+1o25s5 oz-nt teen y
t�

4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
October 9, 2009
Mr, Hubert L. Holmes
Holmes Construction and Excavation LLC
P4 Box 1216
Shallotte, North Carolina 28459
RE: Mining Permit No. 10-53
Holmes Mine
Brunswick County
Lumber River Basin
Dear Mr. Holmes:
Your recent request to have the above referenced mining permit modified has been
approved. The modification is to allow the on-site disposal of uncontaminated earthen
materials from undercut operations of N.C.D.Q.T. Project #U3462 for slope stabilization and
reclamation. This approval is contingent upon the following: 1) proper erosion and
sedimentation control measures shall be installed and maintained as necessary, and 2) no
other off-site generated material shall be brought onto the site other than the material
specified above.
Please attach this approval letter to your existinq mininq permit for future reference.
The expiration date, mine name and permit number on the permit document shall remain the
same as before this modification.
The issuance of a mining permit and/or any modification to it does not supersede local
zoning regulations. The responsibility of compliance with any applicable zoning regulations
lies with you.
As a reminder, your permitted acreage at this site is 18.6 acres and the amount of land
you are approved to disturb is 14.26 acres.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone [phone] FAX:[phone]
512 North Salisbury Street,Raleigh,North Carolina,27604-Internet:http://www.dir.enr.state.ne.usipagesAandqualitysection.html
An Equal Opportunity/Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

t
Mr. Holmes
Page 2
Please advise this office at [phone] should you have any questions concerning
this matter.
Sin erely.4
racy E. avis, PE, CPM
Chief En ineer
Land Quality Section
TEDfar
cc: Mr. Dan Sams, PE
Ms. Shannon Deaton-WRC
Mr. Bradley Bennett-DWQ
Ms. Elizabeth Nelson, PE, Bowman Design & Engineering Services PA, PO Box 748,
Shallotte, NC 28459

TRANSMISSION VERIFICATION! REPORT
TIME : 10/09/2009 16:46
NAME : NC DENR DLR
FAX : [phone]
TEL : [phone]
SER.# : xxxxzxrux
DATE.TIME 10/09 16:45
FAX NO:/NAME 919107556527
DURATION 00:00:42
PAGE(S) 03
RESULT OK
MODE STANDARD
ECM

North Carolina Department of Environment and Natural Resources
Division of Land Resources- Land Quality Section Mining Program
1612 Mail Service Center, Raleigh, North Carolina 27699
[phone] Fax: [phone]
FAX COVER SHEET
FAX NUMBER TR-�VSMIT"TED TO: (91 O�q 5S
Of: _ ot +rn�,+n'Dts� gr+ g_ Eno,.. SeL,rysuS _ p
From:
RE. 11l nf S minim Uo 1fl- 53�
Date: Iol a Iv4
COMMENTS: ('Y)eou+4 U±^ OLD g2 vzy 0J. . _.
rZ
«IF YOU DO NOT RECEIVE ALL PAGES,PLEASE TELEPHONE US DAMEDIATELY AT(919)733-4574.

J..^wn^-.-.•.�...+*-+^,.."`�`-"`r."""_"a:'x+r>W^`"`'qv'.s`+`'S'n.r+f"� '�./.'.i`.^:--/tir"."n"�;.^'. ' o - . J .. r........ )....n .,n.-
MINING CHECKL15T FOR ROUTING
App#icarrt's Name: l+J ow r ct)r,r,n Project; Name: Hb I M
ApplicJPermit No.- 1 O.53 County: 13(u s-�s:��; c k_ Date Received: Cp 79
Reviewer. j2nAO.c V"� River Dasin Name: Lv ng bt
❑New ❑Renewal AModification (inside permit boundaries)
❑Modification (outside permit boundaries) ❑Transfer ❑Release
❑Partial Release r Additional Information 17 Fee Needed:
G Fee Received: $
ElUse mute-Entire avvfication package to:
Regional Office (2 ccrnpiete copies;attach the"LQ5 Regional
Office Mining Application Review Checklist"to one copy and attach k=h the DWQ and DAQ
"Mining Application Review Form"to the other copy: send both copies to the Regional Engineer)
Date: Routed ID I L, J D Reed
❑Division of Water Resources Date: Routed Reed
❑NC Wildlife Resources Commission Date: Routed Rec'd
❑U5 Fish &Wildlife Service Date: Routed Reed
(Only new applications and modification requests that add lanel to the permit)
Flag:P mL&a fi=5 pAgeS of the annlication and ar4 location mans to:
❑CiMelon of Parks & Recreation Date: Routed Reed
❑NC Geological Survey 5ect+on Date: Routed Reed
(Only new applications fled modification requests that add land to the permit)
❑Division of Archives & History Date: Routed Reed
(Only new applications)
❑Other. Date: Routed Reed
"5uopenoc Date for Comments: N (no later than 25 days
from receipt)
❑Please note the following:
\/OL, Lr .
� OGnVS

A
BOWMAN DESIGN
& ENGINEERING
0!7 SERVICES , PA
143 Holden Beach Road, Suite 3, PO Box 748, Shallotte,North Carolina 28459
Phone:[phone] Fax: [phone]
October 5, 2009
Ms.Judy Wehner
Division of Land Resources s
NC Department of Environment and Natural Resources '
1612 Mail Service Center e
Raleigh, North Carolina 27699-1612
Subject: Holmes Mine (Permit# 10-53)
Shallotte, Brunswick County
Placement of Clean Undercut Material from NCDOT Project U3462
Dear Judy:
Mr. Holmes is working with the NCDOT on the Smith Avenue improvements project
(U3462) and his scope of work includes the removal of clean undercut material within the
NCDOT right--of-way. Mr. Holmes is proposing to haul the clean undercut material to the
permitted Holmes Mine Site, and use the material for slope stabilization and reclamation.
The area proposed to place this material is shown on the revised Reclamation Map, Dated
October 5, 2009. `
Mr. Holmes is requesting documentation from the Division of Land Resources that this
handling of the clean undercut material is consistent with the mine permit for this site, so
that he may forward this information to NCDOT for their file. Please contact me if you
have any questions or require any additional information.
Sincerely,
Elizabeth M. Nelson, PE �' ,,,
T 0 61oa
r' - t.tT�r�CCTrp
Mr. H.L. Holmes, Managing Member
Holmes Construction and Excavation,LLC
w
cc; Bobby Hanna, S.T. Wooten Corporation
Mr. H.L. Holmes, Holmes Mine
File 0363 (Smith Avenue--ST Wooten)

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Boyer, Janet
From: Davis, Tracy
Sent: Thursday, February 07, 2013 11:34 AM
To: Pate, Nancy
Cc: Nevils, Mell; Boyer, Janet
Subject: FW: Bankruptcy Case
Nancy,
We do have an active mining permit for this entity with a corresponding reclamation bond. See Ms. Boyer's reference
below.
If you need further information on this project, please contact Ms. Boyer directly at 'anet.bo er ncdenr. ov or 919-
7070-9220.
Thanks. Tracy
From: Boyer, Janet
Sent: Thursday, February 07, 2013 9:18 AM
To: Davis, Tracy
Cc: Wehner, Judy; Rodgers, Ashley; Nevils, Mell; Hauser, Gray
Subject: RE: Bankruptcy Case
We have a mining permit under Holmes Construction & Excavation in Brunswick County (10-53). We have a single site
assignment of$11,100.
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: Davis, Tracy
Sent: Wednesday, February 06, 2013 9:50 PM
To: Boyer, Janet; Hauser, Gray; Nevils, Mell
Subject: Fw: Bankruptcy Case
Do we have an interest in this bankruptcy case? Sounds like a developer and/or mine operator.
Thanks.Tracy
From: Pate, Nancy [mailto:[e-mail]]
Sent: Wednesday, February 06, 2013 06:28 PM
To: NCDENR.DEN R.Division-Directors.and.Support-Staff
Cc: preynolds@ncdoiaov <[e-mail]>

Subject: Bankruptcy Case
All:
The Office of General Counsel is in receipt of the attached Order Confirming Plan relating to Holmes Construction&
Excavation, LLC bankruptcy case,and hereby requests a determination of whether your respective divisions have an
interest in the case. Please advise within 10 business days.
Thank You,
Nancy Pate
Office of the Secretary
2

Bo•• er, Janet
From: Davis, Tracy
Sent: Thursday, February 07, 2013 2:15 PM
To: Pate, Nancy
Cc: Nevils, Mell; Oliver, Jane; Sams, Dan: Boyer, Janet; Hauser, Gray
Subject: FW: Bankruptcy Case
Attachments: Holmes Const. & Excavation, LLC.pdf; ATT00001.c; ATT00002.c; ATT00001.c
Nancy, besides the mining permit we referenced earlier, there is also a sediment enforcement action against this entity
in the Wilmington Region. The contact for this sediment enforcement site is Dan Sams, our-Wilmington Land Quality
Section Regional Engineer. His phone number is 910-796-7215 and email is [e-mail]
Thanks. Tracy
From: Nevils, Melt
Sent: Thursday, February 07, 2013 2:01 PM
To: Davis,Tracy
Subject: FW: Bankruptcy Case
fyi
From: Sams, Dan
Sent: Thursday, February 07, 2013 1:25 PM
To: ioliverCn nCdigj.gov; Hauser, Gray
Cc: Pate, Nancy; Nevils, Mell
Subject: FW: Bankruptcy Case
Jane:
Please be aware of this notification because it apparently related to the Rutledge Subdivision enforcement action.
dan.sams
From: Pate, Nancy [mailto:[e-mail]]
Sent: Wednesday, February 06, 2013 6:28 PM
To: NCDEN R.DEN R.Division-Directors.and.Support-Staff
Cc: preynolds@ncdoj.4ov
Subject: Bankruptcy Case
All:
The Office of General Counsel is in receipt of the attached Order Confirming Plan relating to Holmes Construction &
Excavation, LLC bankruptcy case, and hereby requests a determination of whether your respective divisions have an
interest in the case. Please advise within 10 business days.
Thank You,
Nancy Pate
Office of the Secretary
• 1

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s�" 1 30 ORDERED- The Disclosure Statement contains odapale information as required under I
� !� 7. _
U.S.C-§it 25,and is approved
SFGNEA thb 30 day of January,20i3.
OIS ORDERED THAT: '
1. The Disclosure Statement is APPROVED,
2. The plan is CONFORMED_ A'6na1 version of the Confirmed Plan, which
I
0.Dons United Mates Bankruptcy Jutlgo i(tcorporata all modihrations and oral amendments trade at the hearing on confirmation of the
-
Plan,is ambed to this Order as Frchibit A. 3
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4. To the extent any language in the Plan is i[aamistent with the provisions of this f
Order,the provisions of this Order%trail govern
5. Except as provided in this Order,the Plan,or in§ 1141(d)of the Bankruptcy I
UNITED STATES BANKRUPTCY COURT Code, the Debtor is hereby released from all disebargeabte debts, provided, bowever that
EASTERN DISTRICT OF NORTH CAROLINA
WII.miNGTON DIVISION Cou5yn=on is expressly card tioaed payment rice Debtor providing far the paymt of all allowed
claims assertablc against the Debtor's estate as specified in the Plan and in this Order.
In the Matter of- Chapter I
HOLMES CDNSTRUCnON&EXCAVATION,LLC Case No.:12-45717-8-�RDD 6. All objections to ctavas mc[utking requests for as and a:poses under§506(b}
Debtor fee applicaliora,and advasary prnccediags will be Glad with the Cost within sixty(60)days of the
ORDER CONFIRMING PLAN 7.
Date,which shall be fourteen(14)days tiom the date of the entry of this Order. I
7. The Debtor shall file Post-Confumation Reports with the Cleric of Corot pursuant
The Plan of Reorganization under Chapter I I ofthe Bankruptcy Code filed by the Debtor to§I I Nax7)with a copy served upon the Bankruptcy Adrnutistrazor. The first report shall be �
on:`November 5,2012 (the-Plan-j having been transmitted to creditors with the Disclosure ,
due on the aatiesl of Dcrtxnba 11,March 31,lone 30 or September 30 in the tafeadar year in
Statement,which was conditionally approved by an Order entered on November 7,2012,and a which this Plan is confirmed The Debtor shall file subsequent reports at the end of every
hearing on confirmation of the Plan having been conducted in the United States Bankruptcy I'
surzmting quarter(December 31, March 31, June 30, or September 30), until the Pisa is
Court in Wilson,North Carolina on L7c�cxnber 18,20I2;and
substantially R,asummWA Quarterly Reports shall reflect any progress made in arasr:mrnarin8
The Court being advised,at the hearing,that the Debtor obtained the acceptance of seven the Plan during the period covered by the report. Post-Confirmation Reports shall be filed in the
1
of the tea classes in the Plan,and having considered(he evidence presented W the hearing,the 1_
format prescrtbcd by the Bankrr,ptty Adtninissmus. The ilrbtrn will con+=„� paying the
record of the case,and arguments ofcotnsel for the Debtor and the Bankruptcy Administrator; I
quarterly ice to the United States Bankruptcy Court until the Motion for Final Decree is filed
NOW,THEREFORE the Corri makes the following findings of fact and conclusions of 8. Within thirty(30)days of substanual eonnuamatsan of the Plan,as defined by§
law' 1101(2). the Debtor shall file a fatal} report, in a format prescribed by the Bankruptcy
i. The Plan and the proponent coruply with all requ cements of t I U.S.C. 1129(a) Admu svatar,reflecting the payatents made for all costs of ad%inisagtion and each Class of I
except provision(8).
creditors,and a motion fro the envy of a Final Decree pursuant to Rule 3022 of the FWERAL e
2. The Plan was proposed in good faith,is fair and equitable,is in the best interests Rum of BANKRIIrxy PnocYOrxct3
of the creditors,and otherwise comptias with ail provisiow of I I U.S.C.§1129(b).
RECEIVED
OFFICE OF THE SECRETARY
s
FEB 0 5 2013
ENVlR0NMEi?
AND NATURAL,RESOURCES
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9. The Debtor shall pay to the Clerk,Unitcd States Bankruptcy Cours,the sum of
$0,00 for Court caste.
F_XII f$CT"A"
10- The Debtor shall serve a copy of this Order oa all creditors within five(5)days of
the cotry of this Order and promptly file a Certificate of Service with the Clerk. IINrFED STATES BANKRUYiCY COURT
I EASTERN DISTRICT OF NORTH CAROLINA
WI1.MINGTON DIVISION
i In the Matter of: Chapter 11
HOUdES CONSTRUCTION&EXCAVATION,LLC Car No.:1I-45717-3-RDD
Deblor
I CONF RWO PLAN OF REORGAN A'nON
i
Pursuant tD the pmvaiotts of§1123 of the IIanlnuptcy Code(I I U.S.C.§1123y Holmes
Construction&Excasation,LLC("Debtor)bere-by submits the following Plan of
Reorganization(Plan")-
i
('THIS SPACE KrENTIONALLY LEFT BLANK)
I. SUMMARY OF PLAN
The Plan csmtemplates a reorganization of the Debtor's debts and obligatmas. In
accordance with the Plan.the Debtor intends to satisfy certain creditor claims&am income
I generated by its continued operations.
The Debtor's Plan is based oa the Debtor's belirf that the hLtre tsof its Creditors will be
best served if it is allowed to reargant a its debts as dmmbed Betio
The Debtor's liabilities will be paid according to the priorities of dte Bankruptcy Code
! and the Orders of this Court. The specific arovunts and tetm7 of payment will be crate
eccarding to the Ireaunwr ofeacb respective aeditos.
11• DEFINITIONS
I
I. "AAMINISTItATI[W CLAW"shall mean any Claim eat-ttled to priority tinder�
507(a)f 1)of the& ki-upwy Code.
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1 "ALLOWED"shall=ezn(a)airy Claim agmm¢st the Debtor,proof of wlnc:h was
timely filed of by onier of the Bankruptcy Court was not R4turrd to be filed;or(b)any Claim
that has been listed in the Schedules as liquidated in amount and not disputed or coniiagcut:and
in each such case in(a)or(b)above,as to which either(1)au objection to the allowance dwitof
or other similar pleading has been filed within the applicable period set forth,or(2)an objection
or other similar pleading has been filed and the Claim has been allowed by a Final Order of the
Bankruptcy Court,bid only to the extent so allowed

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3. "AVAILABLE CASH"shall racer the total cash available for distribution on the 17. "DISTRIBUTION DATE"shall mean the date on which distrttbutions arc to be
Effective Date. made under the Debtors Plan, i
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4- "BANKRUPTCY CODE"shall mesa the United States Bnnkn:ptcy Code,Tide 11 18. 'EFFECTIVE DATE" shall be that date on which the Order Confirming Plan of the United Stara Code,as enacted in 1978 and thereafter amended Rtfaracea to"✓2_" becomes final and non-appealable.
herein shall refer to a section of the Bani niptcy Code,I I U.S.C.§101,et 3e7. l
19. "FINAL DECREE"a1ud1 mean the order of this Gaut pursuant to Bankruptcy 1
5. "BANKRUPTCY RULES" shall mean the Federal Rules of Bankruptcy Rule 3=closing this case. j
Procedure,as amended from time to time,as applicable to Chapter 11 rases.
20. "FDNAL ORDER shall.crum an order of the Court that has been entered and
6.- "CLAJM"shall mean a duly listed or a timely filed claim which is allowed in either(a)the time for appeal from such entered order has expires;or(b)any appeal that has been
order to be paid by the Court timely filed has been dismissed or otherwise finally determirrcd.
7. "CLASS"shall mean arty one of the Classes of{lairs or Interests designated in 21, "GENTRAL UNSECURED CLAM' shall mean any claim, Whether or not
Article IU of the Plan. ligaidaied or contingent,other than a priority claim,administrative claim,or wetted claim.
8. "CONFIRMATION DATE"shall mean the date of entry by the Croat of an order 22, "NPAIR£D"lasses of avditers are those whose claims or interests are altered
cu¢Eratiag the Plan at or after a hearing pursunril to t I U.S.C.§1129. by the Ptaa,or who will not receive wider the Plan the allowed aincrunt of their claims in cash as
of the"Effective Date"(as defined in the Plan), I
9. "CONFIRMATION BARING"shall mean the hearing conducted by the Court
regarding mnfrrmatien of the Play purtmant to I I U.S.C.§1129- 23, 'PETITION DATE" shall mean the date upon whim the Debtor filed the j
volumuyChapter I Petition. {
10. "CONFIRMATION ORDER'shall mean the order of the Carat auttirming the f
Plan 24. "PLAN"ahall menu this Plan of Reorgarumtion in its present form or as it may be
amended or modified-
If. 'COURT`shall mean the United States Bankruptcy Corot for the Eastern District �
of North CArnhna including the United States Bankruptcy Judge presiding in the Chapter 11 25. "PRIORFI'Y CIADM"shall mean eery claim to the extent entitled to priority in
case of the Debtor. payment coder 1507.
12. "CREDITORS" shall meats all creditors of the Debtor holding claims for 26. "PRO-RATA"shall mesa the amount of cash or property M be paid or distributed
unsecured debts,liabilities,demand or claims of any character wheresoever, to a claimant with respect to an Allowed Claim on a partitvlor date,in accordance with the ratio,
as of such dam of the dollar amount of the Allowed Claim of such person in the indicated class
13- "DEBTOR"shall mean the Debtor identified an the first page of this Plan- to the aggregate dollar mnount of Claims in the indicated class (inclurlin& in each such
calculation,the full amount of Disputed Claims in the clan which have been asserted or are
14. "DISBURSING AGENT"shall mean the Debtor,or that person selected by the otherwise pending and which have not yet been allowed or otherwise disposed of}
Court who shall perform the duties and have the rights and obligations descn'bed herein
27, "SALE"shall mean the We of certain assets of the Debtor under this Plan i
15. "OISCLOSURE STATEIMENT"shall mega the Disclosure Statement drsaibing
this Plan prepared m accordance with§1125 and approved by order of the Bankruptcy Court,to 28, "SALE PROCEEDS" mearis the proceeds of the Sale of certain assets of the
be distributed to the holden of claims whose votes with respect to this Plan are to be solicited Debtors trader this Plan,after payment of atl reasonable and ordinary closing costs,including but '
net limited to ad valorem macs,commissions,and any other rents permitted under§506(c)of
16. "DISPUTED CLALM*shall mean any claim(a)that is scheduled by the Debtor as the Code_ �
dispru¢d,contingent or unlnluidatetd,or(b)that is scheduled by the Debtor,or proof of which has
been filed with the Bankruptcy Court and with respect to which a timely objection to allowance, 29. "SECURED CREDITORS"shall mean all creditors who hold a lien,security
in whole or in part,has been filed and which objections have not been(i)withdrawn or settled,or iaoetest or any outer encumbrances which have been property perfected as required by law with
(ii)determined by a Final Order. respect to property owned by the Debtor,to the extent of the vahre of the collateral.
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1 29. "SUBSTANSTAL CONSUMMATION" shall mean the time the reorganized shaft include annual interest at the rate of nine percent(9rh)per annumt. For feasibiiiy purposes,
Debtor has commenced the distribution of initial Plan paymenm to ail creditor classes. the Debtor estimates this payment to be S34,23 per month.
30. "PAX CLAIM'&half mean any claim entitled to priority in treatment pursuant to C. C1ass.L—Tax Claims:
(1) Description of Class. Class 3 consists of claims against the Debtor for income
i III. 0,6HIRICATION MP TREATMkNTF taxq withholding taxes,unemployment taxes nodfor any mad all other taxes levied or entit€ed to
CLANU OF OAIMS 614D Uri ERF,STS be levied against the Debtor by the Internal Revenue Service or the North Carolina Department
of Revenue plus interest as allowed by law.The Debtor is aware of the following claim(s)in this
The Debtor classifies the following classes of claims,indicating whether said class is class:
i impaired or unimpaired,and proposes the following treatment:
Internal Revenue Service Claim No.16(Am_) S37,982.43 Priority
A. Class l-Admlahtrative Coats: Claim No.16(Ares.) S 140.25 Unscerucd
(1) Demriotioa cLCI ss Class 1 consists of claims for any cog or expense of NC Depsrtiumi ofRevemte Claim No.11 $ 1,369.70 Priority
administration pursuant to§¢503,506,and 507 of the BanSnaptcy Code. Claim No.I S 369.95 Unsectaed
The follo%ing claims of profess€anals will be paid subject to Court approval: NC Department ofCommp=e, Claim No,3 S 3,744.43 Priority
t DFS Claim No.4 S 544.47 Priority
Oliver Friesen Cheek,PLLC Attorney for Debtor To be determined by Court Claim No.9 $ 1,42855 Pttioriry
Bay Padgett&Chandler,PLLC Accountant for Debtor To be determined by Court Claim No.10 S 21339 Priority
(2) lrllasismem This class will be impaired. (2) Lgailument This class will be unimpaired-
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(3) Trenttneml. Administrative costs and expene approved by the Court shall be (3) Treatment The Debtor proposes the following treatment:
paid in cash and in full including accruals to date of paymcat wittao ten days from the Effective
Date of the Plan. Costs and expenses of admiuistratiaa,if any,shall be paid in cash and in full including
accruals to date of payment within thirty days from the Effective Doe_
In the event that funds arc not available to pay such costs and expenses within tm days of
the Effective Date of the Plan,then each.holder of such a claim will receive payments from the Unwnrred priority tax claims,if any,described in§507(a)(8)of the Dxminuptey Code
_ Debtor until paid in full. Such claims remaining unpaid ten days following the Effective Date described in§507(a)(8)of the Bankruptcy Code shall be paid in full with monthly payments
shall mists&interest at a rate of eigbt percent(8%)per annura over a period of five years from the Date of the Order of Relief. Monthly payments shall
curnmatcc on the fifteenth day of the first full month following the Effective Date,and shallD. Class 2—Ad Valorem Taxes: include annual interest at the rate of three percent(3%)per ormum.For feasibility purposes,the
D cbtor estimates the total monthly payment on these Claims to be$897.50.
(1) QM2dytioo of lass. Class 2 consists of claims for taxes owed by the Debtor to
any city,county.or other municipality or taxing entity entitled to tax the property of the Debtor Secured claimants, if any, shall retain their secured interest in the property of the
based upon the value of the property assessed. The Debtor is aware of the following claim(s)in Debtor. The taxing authority shad retain its lien and seared status as to the underlying secured
ed
this class: Wx liability,plus accruing interest at the statutory rate,currently four percent(4%)per annurm,
fimu the Date of the Order for Belief.Debtor shall pay these claims over a period not to exxced
Brunswick County Tax Collector Claim NO.5 S 1,538.01 five years from the Date of the Order for Relief beginming cc the twenty-fillb day of the first full
j nuu4r falluwiug ninety days after the Eilecliye Dan.
(2) lmoairmcnt This class will be impaired.
Unsecured general tax calms,if any,will be treated as provided below in the section
(3) Treatment The Debtor shall pay claims in this class if any, with monthly reUtmg to"Cmeral Unsecured Claims."
payments over a period of five years from the Date of the Order of Relief. Monthly payments
shall cammence on the fifteenth day of the first full month following the Ef iective Date,and D. Class 4 First Bank:
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(1) DeseriptiormoLCIIEL In May of 2011,the Debtor executed a certain Security (2) fmmirmeat This class will be impaired. i
Agreement in favor of First Bank. By the execution of the Security AgreemeaL First Bank
agreed to lend the Debtor purchase money funds and took an interest in an E7,-Scmm 1200XL (3) tTrea rruM The Debtor will treat John Deere's claim as a secured E
Portable Mining Scrcracr with Serial Number CXL2326(Equipmeot'j. First Bank bled a UOC obligation in the amount of$117,000.00. Jahn Deere shall retain its lima as described above i
Financing Statrreent evidencing its interest in the Equipment with the North Carolina Secretary with pnority,as existed on the Petrt£on Date pu m met to§I I29(b)(7XA)(ixl)of the Rznkrjpsry
of State on Mary 17,2011 with File Number 20 1 1 004273 3E Cody,until the seared portion of in claim is Paid in full. The Debtor Proposes to amorti=this
obligation over a five year period with a fixed interest rate of three and one-balf(3.5%)percent
(2) Immairmant. This class will be iunpaired per surum. Monthly payments WI begin on the fifteenth day of the first full month following i
the Effective Date of Ore Pharr,and shall eonanm muathly until the debt is paid in full. For i
(3) Treatment. The Debtor will treat First Bank's claim ass.secured obligation in an fecsihility purposes, the Debtor estimates that payments will be in the monthly amount of i
amount equal to$30,000.00. First Bank shall retain its Gen with the priority thereof as existed $2,128 43. The remaining$35.672 55 of the Debtor's obligation to John Deere will be treated as
4m the Petition Date porauent to§1 f 29(bx2HAxiH9 of the Bankruptcy Code,until the seamed a general unsecured claim in Class 9, '
portion of its claim is paid in full_ The Debtor proposes to trnorrize this obligation over a five
year period with a fixed interest rate of four and one-half(4.5%)percent per ammum. Monthly F. Class 6-North rIfOliina flemartment of Environment and Natural
payments will begin on the fifteenth day of the first full month following the Effective Date of Resources("NCDENR"l:
the Plan,and shall continue monthly unfit the debt is paid in fall. For femihility Purposes,the
Debtor estimates that payments will be in the monthly ammurl of 5559.29. The remaining (1) PqE&Ition of ' ' The Debtor holds a certain Permit for the operation of a
$5,600.00 of the Debtor's obligation to First(lank will be treated as a general unsecured claim in mining activity for its sand mine activities in Brunswick County that is identified by Brunswick
Class 8. County Permit No.10-53. Pursuant to the provisions of N.C.Gen,Star_§74-46 through 74-68,
The Mining Act of 1971.Mining Permit Rule 15A NCAC 5 B,and od=applicable laws,rules
E. Class 5-John Deers C;Pn51E3zEI3Qn&For"Iry C
Comparry("John Deere ): and regulations, the Debtor o required to Provide a bond whereby the North Carolina
Dnpartroemt of Eavirommcut and Natural Resources,Division of Land Resources Land Que4y
(1) Jk§Wp9o&9LQM This Class includes the following: Section is permitted a lieu against. Brunswick County Permit No. 10-53 expires on August 17.
2019. On the Petition Date,NCDENR was the bolder of a lien against the Debtor's{units i
(a) Acrouat No. 11179882: On or about October 19, 2011, the Debtor totaling SI 1,000.00 and held in a certain account with Security Savings Bank identified by an
executed a Loam Contract-Security Agreement in favor ofJohn Deere. By the execution of the account number ending in 9335.
Security Agreement,John Deere agreed to Iend the Debtor funds in the original principal amount
of$56,50950. The Security Agsecrmcat purported to grant John Deere an interest in a remain (2) £meairmeni This class will be unpaired.
M23D Compact Tract Loader with Product ID No.£T0323DJPAG206468-MF72 4Nt Bucket
with Toothbar,72"WSP PIU Sweeper,16-rracks, (3) Treatment The Debtor does not currently owe NCDENR any seen of money
and will therefore make or payments to NCDENR. However,the Debtor will maintain One
(b) Account No.1 h 135L196: On or about July 27,2011,the Debtor executed a account described above and NCDENR shall retain its lien therein. Furthenmora,the Debtor will
Loan Contract-Securtty Agreement in favor of John Deere. By Ore execration of the Security maintain compliance with all applicable rules and regulations. In the event that a violation is
Agreement,Jahn Deere agreed to lend the I)cbtor funds in the original principal amount of deemed to have occurred by NCDENR,the Debtor will make every effort to quickly and finally
569,547.62_ The Security Agreement purported to grant John Deere an interest in a certain resolve that issue.
CT323D Compact Track Loader with Product ID No. iT0323DJC80£96708-VR73C Smooth i
Vibratory Roller,94"Dour Blade,76"Strap(;mpple$kt,Hosc GU I D Kit D Sala, G. Clans 7-Securi 5avitr nk:,
(c) Account No.11145147: On or about July 27,2011,the Debtor executed a (1) tion of Clays On or about April 24, 2017- the Debtor executed a
Loan Contract-Security Agreement in favor of John Dear. By the execut£on of the Secanty Commercial Promissory Note in favor of Secwty Savings Bank. By the execution of the t
Agreement,John Deere agreed to lend the Dcbnor funds in the original principal amount of Commercial Promissory Note,Security Savings Bank agreed to lemd the Debtor bands in the !
542,29259. The Scanty Agreement pnrpaetrd to grant John Ih'.rrr as interest in a remain 18 original principal amount of W1,928.97. The Commercial Promissory Not-purported to grant
1lurricane Chipper with Product la No.51273_ Security Savings Bank an interest in certain collateral mcludrrg.(ui)a 2006 Chevrolet Truck with
VV4 3GEC14X56G273613; (a)a 2007 Peantrilt Truck VLN 2NPLLZ9XX7M668337;(iiti)a £
On October 8, 2012, John Deere filed Claim No. 14 in the amount of$152,762.55, which 1998 Bell B25911 Articulated Bump Truck with Serial No.BAT3491;(iv)a 20M Bell B25C
encompassed all three of the aforemmtiorcd obbgauens. Articulated Dump Truck Serial No.BE325CT003507;(v)a 2004 New Holland Trainor Serial
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No. E319610 Model TN55;(vi)a Hardee Mower Serial No-OM 110 Model No.RW6D;(vii)a
7005 Kobelco Excavator SK210 Serial No.YQ08U2519.(vii)a 2006 John Deere 65W Crawler
Dyer 1.GP VIN T0650JX118038;(ix)a 2007 JD 2D0 CLk:Excavator with 42'HD Bucket F. Clam 9- Insider Unsecured Calms
Serial No. FF20DCX508508; (x) a 2007 John Derrc 200 CLC Excavator Serial No.
FF2000X508532; xi a 1981 Ford"truck with VIN IFDYS80KXBV102949 as well as all 1 ofallallowed undis( } ( ) F�imtioR4f Class. This elaas cx>n=�• Ixited,ntw-
eictmions,additions,replacements and substitutions of the►forementioned Om September 7, contingent,tarsecured claims listed in the Debtor's Petition that arc owed to"insiders"as the
2012,Security Savings Bank filed Claim No.6 in the amount of$401,928,%. term is defined in 1 I U.S.C.1101(31}
i (2) LaMdrrocsrt This class will be impaired. (2) jt This class will be impaired
(3) rremtment The Debtor will brat Security Savings Bank's claim as a secured (3) The approximate total of insider unsecured claims is$57,0 49.00.
obligation in the mount of$308,500.00. Security Savings Bank shall retain its lien as The Debtor proposes to pay allowed claims in Class 9 five percent(5%)of their allowed claim
described above with priority,as existed on the Petition Date pursuant to§1129(b)(2XA)(i)(I)of amounts within sixty(60)months following the Effective Date of the Plan.
the Bankruptcy Code,until the secured portion of its claim is paid in full. The Debtor proposes
to amends this obligation over a seven and one-half Q'A)year period with a fixed interest rate G. Class 10-Kquill Security Holden:
' of 3.625 percent per tatnum. Monthly payments will begin on the fcfternth day of the first fidl
month following the Effective Date of the Plan,and shall continue monthly until the debt is paid (1) CIgip rip This class consists of ttu pre-Petition membm of the
! in foil. For feasibility purposes, the Debtor estimates that payments will be is the monthly Debtor,as follows:
E amount of$3,919.97. TCe remaining 593,428.%of the Debtor's obligation to Security Savings
1 Bank will be treated as a general unsecured claim its Class 8. Hubert L Holmes,Jr, SOY.membership iaterat
Kimberly Ann Fuller 50%membership interest
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H. Class 8-General Umsecared Clsirm: (2) L!r� This class will be ummp ury
(1) QSUIjtgon of lM. Tors class comism of all allowed, undisputed, man- (3) TratunM The equity security bolder sbali retain their ownership imovsts upon
contingent,unsecured claims listed in the Debtor's Petition,deficiency claims resulting from the comfirnuumo of the Debtor's Plan.
trcarmeot of various Creditors as outlined above,or as otherwise approvers by the Court
I 1V.. EATMEIVT OF RXECOTORY COr4TRACI'S
(2) lmmairmet[. This class will be unpaired — AND UNFXPIRED LEASES
I
(3) T=tment The approximate total of general unsc uted claims based on claims Except as specified herein, all contracts which exist between the Debtor and any
filed or scheduled as of the date of the filing of this Plan,is$195,235.55, The Debtor proposes individual of entity,whether such owtrad be in writing or oral,which have not heretofore beat
i to pay allowed claims in this Class tau percent(10%)of their allowed claim amounts,from rejected or heretofore bees approved by Orders of the Court arc hereby specifically rejected;
income derived from the Debtors continued business operations over a period often(10)years provided however,drat this provision is not intended to reject and does not reject any agreearreru
from the Effective Date of the Plan with intetut accruing at one and one-half(1.5)percent for the renewal or the extension of arty loan OF fund.,presently binding and in effect between the
interest per ennum.Monthly payments will begin oo the fifteenth day of the first fall month Debtor and any secured creditor.
{ following the Effective Date of the Plan,and shall continua monthly until the debt is paid in full.
i The Debtor's equity security holders will also oontxibute a total of S 1,000.00 to the total Any person with a claim arising&ous the rejection of a contractor brie where die Debtor
payment mad;to this Class which will be paid out over time through the monthly payment For is a party shall be deemed to bold a general unsecured claim and shall file a proof of claims within
l feasibility purposes, the Debtor estimates that payments will be in the monthly amount of sixty days after the Effccave Daft or be forever barred from asserting any claim rdaang to such
j S I MI& objection. No sucb claims are expected
In od&rion to the above monthly payment,within su(6)morulrr of the E,f-ec7tr Bare,the V, MP-A.VS OF LMPI.EMFnAT1ON AND E LEECUTION OF PLAN
Debtor shall have an auctioneer evalucfe and adverrue for pvbiw aurrinr+the Debtor's four(4)
trurrr of nal property formerly used m its muting opvatiom zed mnsimxg ofappramnately ten A The Debtor FnTasm to make payments un4m the Plan Drum the con=uattcrt of
(10)ai mThe net proceeds grnerared by the auction of there pwprrtier a711 be paid pro-rara to its business acttvitics.
the allowed claims of this Class.

r
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B. -ZffKieucv Claims. Each secured creditor who receives the collateral scoring be paid with respect to any claim except as specified herein or as allowed by a Final Order of the
their obligation dWl have ninety days after the Effective Date to file a proof of claim for any Cosier.
deficiency or be forever bured from assuring any deficiency claim and such obligation shall be
deaacd paid in full. Such proof of claim shall inchtde an itemization of the principal,interest, h. Confirmation of this plan shall constitute a fording that the Debtor does not waive,
and other toss$ Any such deficiency drum shall be treated in the general unsecured creditor release,or discharge,but rather retains and reserves any and all pre-petition claims amd say and f
class(Class 8). In the event the Debtor obtains its Final Decree prior to the determmatior of any all past-petition claims char it could or might assert against any party or entity arising under or
deficiency claim,such secured creditor shall inform the Disbursing Agent of such deficiency otherwise relaled to any state of federal statute,state or federal common law,and any and all f
claim within the same time period. In such event,a proof of claim shall not be required,but the violations arising out of rights or claims provided for by Title f I of the United Suites Code,by f
scoured creditor shall provide notice of such deficiency claim to the Disbursing Agent in a the Fr i)ERAL Rums of BANKRuvrcy PItoCMtMF-or by the Local Rules of this Court,including
writing containing the same information. all rights to assert and pursue any and all avoidance actions,prefer==actions,and any other
arcticros pursuant to 11 U.S-C- §§ 545, 546, 547, 549, and 550,except to the extent such
C. Distributions under the Plan shall be made on the Distribution Date;provided avoidance actions,preference actions,or other actioni were assigned to a creditors)as put of
however,that Court approved profnssimtals may be paid as such fees and txpemses arc approved the Debtor's Plan. Firths,the Debtor fetaint all rights m assert and parr c all claims tender I I
by the Court. Aoy distnbutiaa required to be made hereunder on a day other than a business day U.S.C. §542,including without limitation actiam to seek turnover of elate assess,actions to
shall be trade oo the next succeeding busmcss day. recover accounts receivable,andfor actions to invalidate setoffs.
D. Dr Mmimis Distributions. No distribution of less than fifty dollars(S50.00)shall K. Administrative claims unpaid on Utc Effective Date will be paid from finds on
be required to be trade to any bolder of an allowed unsecured claim.Instead,the Debtor shall hand or as the patties otherwise agree.
have the option of retaining such fiords to be distributed at the time of the£mod distribution in
accordance with the Plan. L All objections to claims,fee appfiancins,and adversary proceedings will be filed
with the Court within sixty days of the Effective Date;provided however.that the Debtor retains
E- Unclairned3_ro If any distribution remains unclaimed fora period of ninety the right to object or otherwise pursue any claims against secured creditors relatiaag to the payoff
(90)days after it has been delivered,or attempted to be delivered,such[acclaimed pt-operty shall ancUor satisfaction of their secured eha ems.
be forfeited by such bolder of the claim and the Disbursing Agent shell not attempt to make any
further distribution of such holder of the claim.Undistributed property shall be returned to the M. Revocation of Plan. The Debtor has reserved the right to revoke and withdraw
Debtor for distribution in accardance with the Plan, this Plan before the entry of the Confamation Order. If the Debtor revokes car withdraws this
Plan,or if confirmation of this Plan does not occur,then,with respect to the Debtor,this Plan
F. Preservation of Avoided Transactions for the Benefit of the Estate. All shall be dectned null and void and nothing contained berein shall be decuted to constitute a
t«^s—a"t�cnns avoided or otherwise set aside pursuant to if 544,547.W.atrtllcrr 549,if any,shall waiver err release of any Claims by or agaitrat the Debtor,ss the use may be,or any other Person
be preserved for the bandit of the Estate pursuant to§551 and applicable case law. Funds or to prejudice it my mime the rights of ails Debtor,as the case may be,or Person in any
received from such transactions shall be distributed to creditors according to the priorities of the further proceedings involving such Debtor.
Debtor and has since been avoided,the hcu shall retrain on the public record and shall remain an
encumbrance upon the real property, However,all distributions made towards such deed of taut N. Claims Paid by'lln'rd Parties. To the extent a Claim holder receives payment in j
shall be distributed not the named beneficiary of such deed of trust,but shaft instead be paid to full or in part on account of such claim from a party that is not the Debtor,such creditor shall,
the Disbursing Agent for distribution to creditors- within two weeks therefore,inform the Debtor of such payment,Pad such creditor's claim shall
be reduced aceotdingly far purposes of d=--bwkm sunder the Plan
G. The Debtor wffi execrttc and deliver all documeatatiom to the Bankruptcy Court
and to all parties in interest who are eutitlzd to receive the sate as required by the terms of the O_ Exemption from stamp tax or trawler tax_ Any transfers done p===t to
Plan and the Bankruptcy Code, the confirmed Pratt shelf not be subjeu to any stamp tart or similar tax,pursuant to€I U.S.C.§
11 &
H. The Debtor shall take such other action as necessary to satisfy the other terms and
mquirements of the Plan cirri the Bankruptcy Code. P. Procedure Lou Paynwn of Professional Fees Cmreot Bankruptcy Court approved
professionals shall not be subject to the fee application process for services rendered post-
1. Except as expressly stated im the Plan,or attowed by a Final Ordr r of the confirmation in furtherance of mplem entatina of the confirmed Plan.
Bankruptcy Court no interest,penalty,or late charge shill be allowed oa aay claim sulu xirivat
to the Petition Date,uelss otherwise requ Lvd by the Code. No attor ney's fees or eapeuses shall
I
f

f
� Y
{
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Q, Preservation of 5 506(c)Claims. Notwithstanding confirmalion of the Platt B. j2j5Bibjgion Dates. It is the intent of this Plan that the distributiaz shag occur as
_ and the occurrence of the Effectivt Date,the Debtor shall have the right to seek recovery of the early as practicable folio%*the Effective DatL
cast of nsaintaining and preserving any co€latvsl or property.
C. Care Period. The failure by the Debtor to timely perform any term,provision or
VI.PRESERVATION OP_Ci_-AIMS AND AVOIDANCE ACI'IOnS covenant contained in this Plan shall not constitute an Event of Default unless and until the
f Debtor has been given thirty days written notice of the alleged defautl and provided an
{ Notwithstanding anything to the contrary in the Plan or the Disclosure Statement,the opportunity to cure. Until the expiration of the thirty day cure period,the Debtor%half not be
# provisions of the Plan,Disclosure Statement,and/or Order Confirming Plan shall Dot have and deemed to be in default,and any performance or actions tauten during such thirty day curt period
I are not intended to have,any res juditsta or collateral estoppel effect with respect to any causes shall be considered timely for all purposes. Such written notice pursuant to the Plan provisions
fof action that the Debtor may assert,tegardkss of whether and to what extent such causes of attd the passage of the thirty day cure period shall constitute conditions precedent to bringing or
I action are specifically described is the Plan or Disclosure Statement. Unless any tames of filing any contested action by cry person to enforce any right granted under ibis Plan.
actien are expressly waived,relinquished,released,compromised,or settled in the Plan or by
Final Order of the Court,all such causes of action are expressly reserved and preserved for later IX- ACCEPTANCE OR RMECTION OF PLAN;
5 adjudication ancl,therefore,no preclusion doer me,includ EFFECT without limitation the doctrines of OF_AEIECIION Bk AN IMPAIRED CLASS
res j rdicata collateral estoppel issue preclusion,claim preclusion estoppel,or inches shall apply
upon or after wadi radon of the Plan- Furthermore, notwithstanding any provision or A. Each hnrxdired Class Entitled to Vote Seoarat l . Each impaired class of claims
interprelatiotr to the contrary,nothing in the Plan or Order Confirming Plan,including the entry shall be entitled to have the holders of claims therein vntr separately as a clan to accept ter reject
i thereof,shall be deemed to constitute a relcatc,waiver,impediment,relinquishment,or bar,in the Plan
whole or in pert.of or to any recovery or any other claim,right,or cause of action possessed by
the Debtor prior to the Effective Date. This shall include,but is not limited to all pro-petition B, A trnrxx by a Class Qf C—litors. Cunsistent with§I i 26(c)of the Bankruptcy
claims and any and all post-petition claims that he could or might assert against any party or Code,and except as provided in§1126(e)of the Bankruptcy Code,a class of claims shall have
entity arising under or otherwise related to any state or federal statute,state or federal carmmon accepted the Plan if the Plan is accepted by holders of at least two-thirds(2/3)in dolt&amount
Law,and any all violations arising out of rights or claims provided for by Title I I of the United and mote than on-half(112)in number of the allowed claims of that class that have timely and
States Code,by the Federal Rules of Bankruptcy Procedure,or by the Local Rules of the properly voted to a ept or reject the Plan.
Bankruptcy Court, including all rights to assert and pursue any and A avoidance actions,
preference actions,and any other actions pursaaarrt to I 1 U.S.C.§§542,545,546,547,548,and C. Claimaziuptiticd to Vote. Holders of impaired claims s all be entitled to vote
550, including without limritatiem actions to scck turnover of estate assets, acfious to recover if
accounts receivable,aadlor actions to invalidate setoffs.
(€) Such claim has been fired against the Debtor in a liquidated amount or has
VII._.511MU A R TREATMFNT FOR EACH CLAIM WITHIN A CLASS been listed on the Debtor's schedules othQ than as coatingent,unliq uidated or
disputed,and as to which no proof of claim has been filed. The claim shall be
The claims stated herein, by modification, Court Order, or other legally appropriate allowed solely for the purpose of voting on the Plau in the amount in which such
manner,may be modified throughout the course of'payment tinder this Plan The Debtor,upon claim has been filed or listed on the Debtor's schedules;
full payment as called for under the notes and deeds of trust,shall be entitled to have the note
marked paid and satisfied and the deed of taut canceled as a matter of record,by the Trustee,or (2) Such claim has been filed against the Debtor or listed on the Debtor's
by appropriate application to this Bankruptcy Court,and Won a showing that the full amount of schedules and is the subject of an existing abjection filed by the Debtor,and is
the monthly paymcais were made by the Debtor_ temporarily allowed for voting purposes by order of the Court in accadamce with
�. Bankruptcy Rule 3DI8;
Vill. PROVISIONS C VERNINC DISTRIBUTIONS
(3) Such claim has beep fled in au unadmramed amount,in which case the
A Delivery of Distributions in CicncEal_ Distributions tic holders of allowed claims creditor shall not be entitled to vote unless the Debtor and the holder of the claim
shall be made: (i)at the addresses set forth in the proofs of claim filed by such holders;(ii)at the agree on an amount for voting purposes or the Court enters an order setting the
addresses set forth in any written notices of address change submitted to the Cmrt or Attorney amount of the claim that the creditor may ballot,
for the Debtor after the date an which any related proof of claim was filed;or,if the information
described in clauses(i)or (ii)is not available,(iii)at the addresses reflected in the Debtor's (4) Any entity holding two or more dues€irate claims shall be entitled to vote
schedules of liabilities. onlyone claim_

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D. Confirmatiou Heatint! The Cour will set a hearing on the confirmation of the actions on accoml of any such claims,cquity interests,debts or liabilities,other thin actions
Plan to determine whether the Plan has been accepted by the requisite number of creditors and brought to cuforee obligations under the Plan:(i)commencing or continuing in any manner any i
whether the other requirements for canfittastion of the Plan have been satisfied actiou or other pmexdiot(ii)enforcing,attaching,collecting,or tecavering is any manner any j
judgment, award, decree or order; (iii) creatin& perfecting, or enforcing any lien or f
E. Aeceotanccs Neocssary to Confupt the Plan. At the hearing of confirmation of encumbrance; (iv)asserting a setoff or right of reconpmaht of any kind against any debt,
the Plan,the Court shall determine,among other things,whether the Plan has beets accepted by liability,or obligation;and/or(v)commencing or continuing,in any neanne or in any place,any
each impaired class. Under§ 1126 of the Bankruptcy Code;an impaired class of Creditors is ar:tiou that does not Comply with or is inconsistent with the pmvisiems of the Phu or the
deemed to accept the Plan if of least two-thirds(2133)in amount and more than one-half(1/2)in C.onfitmatioa order. Notwithstanding the foregoing, the Plan does not release or waive any
number vote to accept the Plan. Further,unless them is unanimous accepts=of the Plan by an claims it may have against any party in eate !
impaired class,the Conn must also determine that class members will receive property with a
value,as of the Effective Date of the Phm,that is not less than the amount that such class XII.RELEASE OF TITLE TOPROPF.RTY
member would receive or retain if the Debtor was liquidated as of the Effective Date of the Plan
under Chapter 7 of the Bankruptcy Cade. A_ Vehicles. Upon the satisfaction or other discharge of a security interest in '
n motor vehicle,mobile horse,or in any other property of"estate in bankruptcy for which the
P. CanCumation of Plan Withrnit_NecegsarvAsarotaoccs. The Bankruptcy Code- cenifir3to Of title is in the possession of @te secured party,the secured party shall within tea
provide that the Plan may be confirmed even if it is not acccpttd by all impaired Classes. In days aflrr demand and,in any event,within thirty clays of receipt of the payment in folk pumnant E
order to be confirmed without the requisite number of acceptances of each impaired class,the to the Plan,execute a release of its security interest on the said title or certificate,in the space
Court must find that at least one impaired class has accepted the Plan without regard to the provided therefore:on the certificate or as the Division of Motor Vehicles prescribes,and mail or
acceptances of insiders,and the Plan does nut disc6min.ee unfairly against,and is otbowise fair deliver the certificate and release to the Debtor. Continuation of this Plan shall impose an
and equitabkc,to such impaired class. In the event that arty class votes against the plan,the affirmative and ducca day on each sucb secured party to empty with the provision. This !
Debtor hereby requests and moves the Count under the provisions of this Plea outlined in Section prevision shall be caformd in a proceeding filed beforr the Banhmprry Court lard each such
DC herein, for confirmation pursuant to ehc 'cramdown' provisions of 4 i 129(b) of the enodisor comwcts to such jurisdiction by fml=to file any timely objection to this Plan_ Such an
BamknWuy Code. In connacuou tberewitii,the Debtor shall be allowed to modify the proposed enforcement proceeding may be filed by the Debtor in this ace either before or after the closing
trratment of the allowed calms in any class that votes against the Plan Consisleat with § of this rase. The Debtor specifically reserves the right to file a motion to reopen this case under
1129(b)(2xA). 1 I U.S.C.1350 to pursue the rights and claims provided far herein
X. "CR.\MDO�}�Vf, FOR E%IIPAIRFD C'REDrWRS B. Real Property. Pursuant to N.C.Gen.Stat§45-36.9,upon the satisfaction or
NOT ACCEPTING TW,PLAN other dtschmge of a security interest in real property for which a creditor holds a properly
secured mortgage,the secured party shall within thirty(30)days after demand or within thirty t
In respect to any cla.q of creditors impaired but riot accepting the Plan by the requisite days of payment in full pursuant to the Plan,submit for recording with the Office of the Register
majotity in number or two t,irds in amount,ttse proponent of this Plan requests the Court to find of Deeds for the applicable County a satisfaction of its security interest and mail or deliver the
that the Plan does not discriniinair unfairly and is fair and equitable in respect to etch class of recorded satisfaction document or documents to the Debtor. The failure of any such party to
claims or interests that are impaired under[he Plan and that the Court confirm the.Plan without comply with this section shall results in the imposition of stsatuumry damages of S 1.000.00,actual
such acceptances by the said impaired classes_ The Debtor will also request that the Court dhunupcs,costs and legal foes as provided for by N.C.(lea.SUL§43-16.9
establish a vahre for any assets,the value of which is in dispute between the Debtor and any
secured creditor,at a valuation hearing cruder§506 of the BwAraptcy Code,to be scheduled at C. tr411f1angiou ofPlap. Confirmation of this Plan shall impose an affirmative and
the same time as the hearing i,rt confirmation of the Plan. direct duty on cacti such secured party to comply with this provision Thir provision shall be i
enforced in a proceeding filed before the Bankruptcy Court and each such creditor consents to
11. EFFECT OFCONFIRMATlO.N such jurisdiction by failure to file any timely objection to this plan. Such an enforcement
proceeding may be filed by the Debtor in this case either before or after the closing of thus case. )
A, Except as otherwise provided in the Plan,the confirmation of the Plan vests all of The Debtor specifically reserves the right to file a motion to reopen this case under I U.S.C.§
the ProPwy of the estate in the Debtor. 350(b)pursue the rights and claims provided for herein including all remedies for datrages and
ettomey foes under applicable State and Federal stffirtes,
8. h As of the Coafirptatiao Data erupt as otherwise provided in the Plan
or die Confrmanon Order,ail persons that haveheld,eurrendy.hold,or may hold a claim,sty ME. APPLICATION OF PLAN PAYIIIENTS �
interest,or other debt or liability drat is treated pmsuam to the Selects of the Plan or that is
otherwise eojoiaed pursuant to§1141 of the Code,are enjoined from taking any of the following t
t.
r�
k
i

f
3
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A_ All payrntnts made by the Debtor stall be applied as indicated ie the respective
_ treatment for each creditor,or if no su&applteabon of payments is specified,then payments 9. To establish and adjust procedures for the ordcriy administration of the
ishall be applied to principal and interest on a monthly basic according to the amortization estate;
schedule proposed for each creditor. In the event that a creditor is entitled to costs and/or
attorneys fees post-petidon corder§SWb)of the Code,such creditor must file m application in 19. To determine matters that are subject to pmcecduw duly removed to the
accordance with the Code and/or Bankruptcy Rules pertaining to approval of casts and/or Bankruptcy Cotat;and
iattorney fees prior to such costa and/or attorneys fees becoming part of the creditor'&allowed
claim Confirmation of the Plan shall impose an affirmative duty and[evil obligation on the IL To replace the Debtor-in-Possmsien with a Trustee for good cause shown.
holders and/or the servieers of any claims secured by liens,mortgages and/or deeds of trim to
apply payments in the manner set forth in the Plan in accordance with§524(i). XV. MISCELLANEOUS PROV[SloN3
{
13. Confirmation of the plan shall impose a duly on the holden and/or services of A. Survival of Terms. The covenants,representations and n&mcment%made in this
claims secured by liens on teal property to apply the payments trceived from the Debtor to the Plan shall survive the Coidiirrnation Date and the hansactt otss contemplated herein
month in which they were made under the plan or directly by the Debtor,whether such payments
are immediately applied to the loan or placed into some type of suspense account and to B. Suacessota @quad This Plan shall on the Consummation Date be binding upon
otherwise comply with t I U.S.C.§524(). and inure to the benefit of the respective heirs,successorn and assigns of the Debtor,and the
holders ofcWats and interests.
XIV. RI~TENTIONOF7liR1snlcrION
C. Contmiling[aw, This Plan shall be rear/and construed and taste effea in all
The Bankruptcy Court shall retain jurisdiction of these proconfings pursuant to and for respects is acmrdmez with the Law as sit forth in the United States Bankruptcy Code and the
the purposes of§§ 105(a)and 1127 cf the Code @raft for, without limitation, the following Rules p:urmilgated thereunder.
pwpwm inter ilia
D_ Further Assurartce. If at any time,the Debtor&ball carsick,or be advised,that
i 1. To detazniae any aid s0 objections to the allowance of claims and/or my further rdeases,am once%or documents ate reasonably necessary or desirable to carry out
interests; the provisions brmf,and the trxtssaeioas contemplated herein,the holders of claims and the
holders of interest shall,upon reasonable request,execute and deliver any and all documents and
2. To determine any and all applications fen allowance of compensation for assurances,and do all things necessary or appropriate to espy out fully the provisions hereof
! periods prior to or after the Confirmation Date;
b_ Lg2gporatiao of Disclosure_ A11 the terms and conditions of the Disdostm
3. To determine any and ail applications lending on the Confirmation Daft Statement are eacorporated berein by reference.
for the rejection and disafHmuartce or assumptica or assignment of executory wacaW and the
allowance of any claim resulting therefrom;
"End of Document'
4. To determine all controversies and dispuncs arising reader or in connection
with the Plan;
5. To determine all applications,adversary proceedings and litigated tnattoas
pending on the Confirmation Date;
5. To effectuate payments under,and performance 4 the provisions of the
Plana,including,but not limited to,louvre sales of Personal and real pmpesty retained by the
Estate;
7. To dete-=nne such other mam tars and for such other purposes w may be
provided for in ibe coafirmadon order,
8. To drtcr o all disputes regarding property of the estalt;

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section 0LL
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Holmes Mine 2. MINING PERMIT # 10-53
3. OPERATOR Hubert L. Holmes
4. COUNTY Brunswick 5. ADDRESS PO Box_1.216, Shallotte,NC 28459
6. PERMIT EXPIRATION DATE 08/17/2019 7. RIVER BASIN Lumber
8. Person(s) contacted at site None
9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ® Yes ❑ No
It. Date last inspected: 11/12/2008^ 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:
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: 1 am unsure if you have permission to be wasting
concrete and debris onsite as it is not shown on the mine mom. I will leave this to be between you and waste
manaeement. I saw two pump lines on site. You should not be dewatering_site. You need to demark permit
boundaries.
18. Is the Annual Reclamation Report+/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed
19. Follow-up inspection needed? ❑ Yes ® No Proposed date
20. No. of additional pages of Inspect' Repo t 21. Copy of Report sent to operatorOl/20/2012
INSPECTED BY: Brian Lambe DATE 01/18/2012
Telephone No: 910-796-7314
Copy to file Copy to operator Copy to Mining Specialist

August 25, 2009
MEMORANDUM
TO: File
FROM: Brenda M. Harris, Secretary
SUBJECT: Notice of Issuance of Mining Permit
A copy of the attached "Notice of Issuance of Mining Permit" was sent to all
people listed in the Affidavit of Notification and any additional people who sent in letters.
If a public hearing was held, a copy of the "Notice of Issuance of Mining Permit" was
sent to all people who signed the sign in sheet at the public hearing. My initials, written
in red, will be beside the names of the people in the file who were sent this "Notice".
Cc: Mr. Dan Sams

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
August 17, 2009
Mr. Hubert L. Holmes
Holmes Construction and Excavation LLC
PO Box 1216
Shallotte, North Carolina 28459
RE: Mining Permit No. 10-53
Holmes Mine
Brunswick County
Lumber River Basin
Dear Mr. Holmes:
Your request to have the above referenced mining permit, issued to Kimberly F.
Holmes, transferred in its entirety to your company has been approved. In addition, your
application for renewal and modification of the mining permit has been approved. The
modification is to increase the permitted acreage to 18.6 acres and the affected acreage at
this site to 14.26 acres as indicated on the Mining Plan last revised April 23, 2009. The
modification includes the expansion of the permit boundary and mine excavation to the east
and south of the existing mine site. As we have received the required surety in an amount
sufficient to cover the present operation, I am enclosing the renewed, modified and transferred
mining permit. The permit number shall remain the same as before the renewal, modification
and transfer.
Please review the permit carefully and notify this office of any objections or questions
you may have concerning the terms of the permit. It is your responsibility to fully understand
and comply with the conditions of your mining permit. I would like to draw your particular
attention to the following conditions where minor additions or changes were made: Operating
Condition Nos. 4B, 40, 5, 9 and 13 and Reclamation Condition No. 3.
As a reminder, your permitted acreage at this site is 18.6 acres and the amount of land
you are approved to disturb is 14.26 acres.
1612 Mail Service Center,Raleigh,North Carolina 27699-1612 • Telephone [phone] FAX:[phone]
512 North Salisbury Street,Raleigh,North Carolina,27604-Internet:httpalwww.dlr.enr.state.nc.uslpagesAandqualitysection.html
An Equal Opportunity!Atfirmative Action Employer-50%Recycled 110%Post Consumer Paper

Mr. Holmes
August 17, 2009
Page Two
Again, if you should have any questions on this matter please contact Ms. Judy
Wehner, Assistant State Mining Specialist, at [phone].
Sincerely,
AFlo R. Williams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRW/jw
Enclosures
cc: Mr. Dan Sams, PE
Ms. Shannon Deaton-WRC, w/enclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
File

DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Holmes Construction and Excavation LLC
Holmes Mine
Brunswick County - Permit No. 10-53
for the operation of a
Sand Mine
which shall provide that the usefulness, productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: August 17, 2019

Page 2
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 taw.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Modifications
March 4, 2003: This permit has been modified to change the mine name from Holmes Borrow
Pit to Aqua Fresh Farms LLC Mine,
August 17, 2009: This permit, issued to Kimberly F. Holmes, has been transferred in its
entirety to Holmes Construction and Excavation LLC. In addition, this permit has been
simultaneously renewed and modified. The modification is to increase the permitted acreage
to 18.6 acres and the affected acreage at this site to 14.26 acres as indicated on the Mining
Plan last revised April 23, 2009. The modification includes the expansion of the permit
boundary and mine excavation to the east and south of the existing mine site.
y

Page 3
Expiration Date
This permit shall be effective from the date of its issuance until August 17, 2019.
Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and
to the following conditions and limitations:
OPERATING CONDITIONS:
1. A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact
the Division of Water Quality to secure any necessary stormwater permits or
other approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to
the permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area.
3. A. Sufficient buffer (minimum 25 foot undisturbed) shall be maintained between any
affected land and any adjoining waterway or wetland to prevent sedimentation of
that waterway or wetland from erosion of the affected land and to preserve the
integrity of the natural watercourse or wetland.
B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
4. A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
B. All drainage from the affected area around the mine excavation shall be diverted
internal to said excavation or into the approved sediment and erosion control
measures.

Page 4
C. No dewatering activities shall occur at this site.
D. Mining activities shall occur as indicated on the Mine Plan last revised April 23,
2009 and the supplemental information received by the Land Quality Section} on
February 19, 2009 and April 24, 2009.
5. All affected area boundaries (14.26 acres) shall be permanently marked at the site on
100-foot intervals unless the line of sight allows for larger spacing intervals.
6. The angle for graded slopes and fills shall be no greater than the angle, which can be
retained by vegetative cover or other adequate erosion control measure, structure, or
device. In any event, exposed slopes or any excavated channels, the erosion of which
may cause off-site damage because of siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to restrain such erosion.
7. The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
8. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9. Sufficient buffer (minimum 25 foot undisturbed) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
10. A. No on-site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971
generated on-site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvents or their storage containers
or any other material that may be considered hazardous shall be disposed of
within the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on-site generated land clearing debris
2. conveyor belts

Page 5
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 rip or 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 $11,100.00
Assignment of Savings Account, is sufficient to cover the operation as indicated in the
approved application. This security must remain in force for this permit to be valid. The
total affected land shall not exceed the bonded acreage.
14. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant
archaeological resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.

Page 6
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G.S. 74-53
1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is'in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
--- ----reforestation-practices-as-established-by-.the-North-Carolina Agricultural-Experiment --
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
1. Provided further; and subject to the Reclamation schedule, the planned reclamation
shall be to restore the mine excavation to a lake area and to grade and revegetate the
adjacent disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.

Page B
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, biuestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post-project wildlife habitat at the site.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shah be completed within two years of completion or termination of
mining.
This permit, issued to Kimberly F. Holmes August 11, 2000 and modified March 4,
2003, is hereby transferred in its entirety to Holmes Construction and Excavation LLC
and simultaneously renewed and modified this 17th day of August, 2009 pursuant to
G.S. 74-51 and 52.
By:
James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
.Of the Department of Environment and Natural Resources

NOTICE OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed as an adjoining landowner
in the application to modify this mining permit filed by Holmes Construction and Excavation
LLC to conduct mining activities off SR 1320 (McMilly Road NW) in Brunswick County. The
mining permit (no. 10-53) was modified on August 17, 2009.
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 parry within the meaning of the APA and NC
General Statute 74-61, a petition for a contested case must be filed in the Office of
Administrative Hearings within thirty_(30) days of the mailing of this notice to you.
If you file a contested case petition, it must be in writing and in the form prescribed by
N.C. General Statutes 150E-23. File the original petition and one copy with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.
Any questions about filing a petition may be directed to the Clerk of the Office of
Administrative Hearings by telephoning [phone].
You must serve the Department of Environment and Natural Resources by mailing a
--copy-of-the-petition-to-Ms. Mary-Penny Thompson Registered-Agent and-General-Counsel,
Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC
27699-1601.
,James D. Simons
Director
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
This notice was mailed on D .
Brenda Harris
Mining Program Secretary

GIA
NCQENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue,Govemor
Director and State Geologist August 17, 2009 Dee Freeman, Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 1.300 0000 1122 8047
Ms. Kimberly F. Holmes
Po Box 1216
Shallotte, North Carolina 28459
Re: Mining Permit No. 10-53
Aqua fresh Farms LLC Mine
Brunswick County
Lumber River Basin
Dear Ms. Holmes:
Your request to have Mining Permit No. 10-53 transferred in its entirety from you to
Holmes Constriction and Excavation LLC has been approved. As we have received Holmes
Construction and Excavation LLC's required surety in an amount sufficient to cover the
present operation, your company is hereby released from further responsibility for this site with
respect to The Mining Act of 1971. Therefore, I am returning your $5,000.00 Assignment of
Savings Account No. issued by Branch Banking and Trust Company to you for
your disposal.
Thank you for your cooperation in this matter.
Sincer
Floyd . Williams,'PG, CPG, CPESC
State Mining Specialist
Land Quality Section
FRWIjw
Enclosure: Assignment of Savings Account No.
cc: Mr. Dan Sams, PE
Mr. William Gerringer-DOL, Mine and Quarry Bureau
File
1612 Mail Service Center,Raleigh,North Carolina 27699-1612 • Telephone [phone]/FAX:[phone]
512!North Salisbury Street, Raleigh,North Carolina,27604•Internet:http:llwww.dIr.enr.state.nc.uslpageshandqualitysection.html
An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

J_ Phillip Norris, PE.
�►•- NORRIS, KUSKE &TUNSTALL John A. Kuske, 111, PE.
John S.Tunstall, PE.
CONSULTING ENGINEERS , INC . J.A. Kuske, PE. ofCounsel
February 4, 2008
Ms. Judy Wehner
NC DENR / Land Quality Section
Division of Land Resources R � ,�
1612 Mail Service Center ED
Raleigh, NC 27699-1612 2006
Re: Hughes Smith Road Mine — Reclamation Plan t`,gND Brunswick County, NC
NKT Project No. 04283 QUgLITySFCTjpN
Dear Ms. Wehner:
The enclosed reclamation plan is the process that Mr. McLamb and I discussed during a
site visit. Mr. McLamb has re-sloped and seeded all the pit banks on sheet C1 up to the
small dike area along the match line of sheet C2. He would like to get this portion of
this permit releases at this time.
Currently excavation has begun within the area we have designated as Area 1. Mr.
McLamb intentions are to excavate up to the area where we have indicated the
temporary dike. Upon full excavation of Areal, he will reclaim and re-vegetate this
area. We will then request for this area to be released.
Concurrently as Area 1 is being reclaimed, excavation on Area 2 will commence. Once
Area 2 has been fully excavated, the temporary dike will be removed and Area 2 will be
reclaimed. Our intentions are to create one large continuous lake. Also during this time
a new wetland delineation will be performed and the excavation limits will be modified to
reflect. Feel free to contact me if you have any questions regarding this process or if
you would like to make any suggestions.
Thank you for your assistance on this project.
Sincerely,
NORRIS, KUSKE & TUNSTALL
CONSULTING ENGINEERS, INC.
osepll K. Bland, E.I.
JKB/neh
04283 02-04-08-1 reclamation tr
CC: Mr. Len McLamb / L. M. McLamb & Son Construction Co., Inc,
902 Market Street - Wilmington, NC 28401-4733 0 Phone: 910,343.9653 1 Fax: 910,343,9604

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0 1 1 1 �_ G� Om N Om O G> G- z z a g " n O n
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N fV 00 O O O n N O N Cn (� r z D Z c m
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0 00 m coo 0000 IQ com O O O
Z Z O
Q 0 Z SYMBOL DATE DESCRIPTION BY
D (n
o REVISIONS
Q 2006 NORRIS, KUSKE & TUNSTALL
A m NORRIS , KUSKE & TUNSTALL OWNER:
� �
0 NAME: L.M. McLAMB & SON MINE M A P
.p CONSULTING ENGINEERS , INC .
C . ADDRESS: 800 McLAMB ROAD
N o N CITY/STATE: CALABASH, N.C.28467 HUGHES/SMITH ROAD MINE- MODIFICATION
IV l D
co
(n z z (y� 902 MARKET STREET PHONE (910) 343-9653 TELE: 910-287-6688
ep t wiLMINGTON, NC, 28401 FAX oce® (9e0g 3043-9604 BRUNSWICK COUNTY, NORTH CAROLINA

TRANSMISSION VERIFICATION REPORT
TIME 08/19/2909 08:38
NAME : NC DENR DLR
FAX [phone]
TEL [phone]
SERAxxxxxzxzxxxx
DATE,TIME 09/19 09:35
FAX NO./NAME 919107556527
DURATION 00:03:12
PAGE(S) 12
OK
MODELT STANDARD
ECM

µ N` f5.,
i -
North Carolina Department of Environment and Natural Resources
Division of Land Resources - Land Quality Section Mining Program
1612 Mail Service Center, Raleigh, North Carolina 27699
[phone] Fax: [phone]
FAX COVER SHEET
FAX NUMBER TRANSMITTED TO:
To:
Of:
From:
RE:
Date: Calm
m
COMMENTS: j(}�!;3 ._
"IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT(919)733-4574.

Revisions
LINE TABLE LEGEND SHALLOTTE g
LINE LENGTH BEARING PROPERTY BOUNDARY SITE 03 comments
Addressing
comments from NCDENR-
L1 39.41 S01'28'40'E CONSTRUCTION SEQUENCE Land Quality dated
L2 34.57 S01'35'46'E - - _ OLD BOUNDARY February 4,2008
L3 60.47 N35"20'50'W 1. OBTAIN MODIFICATION TO MINING PERMIT
FROM NCDENR-LAND QUALITY
L4 I5.38 NO3'24'S9'E NEW PROPERTY 02-13-09 Permiriee Name
L5 49.09 N35'30'06'W SECTION PRIOR TO BEGINNING Change
50---- CONSTRUCTION.
L6 58.95 N38'31'20'w i LIMITS OF EXCAVATION
LIMITS ❑F MINE - -
L7 59.36 N40'23'46'W I / r � / � REBEL 2. INSTALL TEMPORARY GRAVEL 04-23-09 Additional Info
L8 91.02 N38'39'40'W \ / \ EXCAVATION = / / TRgrL NW coNSTRucTroH ENTRANCE. ______ EXISTING CONTOURS
L9 72.73 N38'50'47'W ` /� \ 13.7 ACRES
J // 3. INSTALL DIVERSION BERMS AND
L10 62.20 N21'45'12'W \\ \---52-- - -,// - / ' - SEDIMENTATION BASINS. PROPOSED CONTOURS
L11 62.20 N21'19'13'W \ /-~ ZS' �`
L12 61,35 N21'51'02'W `\ r UNDISTURBED ` 4, CLEAR 8 GRUB SITE.
/ CREEK CENTERLINE
L13 46.21 N16'53'49'W N/F \ i3UFFI?R �� /
~ ( `^ I EXIST \ 5. PERFORM EXCAVATION ACTIVITIES AS
L14 64.52 N05'48'32'E ❑LIVIA ANN SMITH i`^- \
L15 29.11 N14.55'41'W _ �A6 BUILDING \ SHOWN ON THE PLAN. L y y - 404 WETLANDS (�
L16 45,00 N17'32'14'W ~aS .4�\ _ \ / i _ a \\ 6. STABILIZE ALL DISTURBED AREAS WITH T4�
L17 46.68 N09'39'40'W - _ , - ~'SQr //�/r ~� 1 _ / N \\ PERMANENT VEGETATION, - EXISTING RIGHT-OF-WAY
L18 41.92 N31'23'40'E i \ \ c3
. _ y40 , / -` \ \ l p - \ \` CAPABLE OF WITHSTANDING ERos1oN- _ _ _ EXISTING EASEMENT
L19 58.99 NO2 41 35 E _ - - - - - p7�'0� r N L i \ 46
L20 49.10 N10'19'54'W - - - - - � � ~ - _
L21 34.78 N07'51'44'E
--42- --- �g � // �Y ru� N/F ` N/F - > -> DIVERSION SWALE W
L22 86.50 N24.35'56'W 1,r o R❑NNIE DAVIE BLUE \\ MARY LEE HILL �`
- r �-^- -14�_ � y� �' VEGETATED EARTHEN ..
L23 15,15 N75'01'48'E _ - - �' _ = -- i ` CONTAINMENT BERM
/ ce CO
VEGETATED EARTHEN BEPM N
r \ MINE PERMIT \ 9 [�] Q In
\ \ \ I BOUNDARY = \ - 12' '� 4 � z
_ r f / '� j 18.6 ACRES \ 00
LIO
\ y / / 2:i SIDE SLOPE MAX I� '�' CN
� _/ I y I} \ 7FILTER FABRIC U !�
RIP RAY STONE C111S5 1 ~� Q
L23 / T - I 'I 1 _ ]T �TT /� p
rN87'S6'52'E N87'5342'E `\ r� VICINITY 1r3r11 w �
t w w z a
96.05' \ 4 MIN. STONE SECTION 0
w
_40- 11 CLEAN BASIN WHEN ONE 5'MIN. NOT TO SCALF. Q Q
\ {i ) y jj 1 HALF F CARRY RIP RAP UP SIDE 1-4
' i ♦ I I b 1 - I LOP OF BERM OF SPILLWAY 0
` t 1 TOP ELEVATION OF STORMWATER 18'FREEBOARD ►.4 L0
�� DEPTH ti MAX u� I-� Q
(SEE TEMPORARY SFDIMFNT BASIN TABIEI 1`I M Z Lo
EDEN
( _
(SEE TEMPORARY SEDIMENT BASIN TABLE) LASS I
GLEAN WASHED O r 1 c Q
w Caw
1 1 - MM O d
W U
TEMPORARY SEDIMENT BASIN __ _ _ 'MI
x / NO GALE - - .. �.• 5Q N O 4.
TEMPORARY SILT 1 y /
I � , � G / SEDIMENTATION BASIN CALCULATION -_--__ F' g•;;�'f. 1�'
FENCING �� f 1 1 , / SE POND:3600 CF/ACRE X 3.16 ACRES=11.376 ACRES
1 1 I x / DIMENSIONS: 98'X 49'X 3'
HENRY R,D, HILL / TEMPORARY DIVERSIONS SHOULD BE SEEDED
AND MULCHED AS SOON AS THEY ARE
to / CONSTRUCTED TO PRESERVE DIKE HEIGHT - = 6"MIN
y 1 I a / /r AND REDUCE MAINTENANCE.
/ 4 ` 1C i i i ' �I 1` I I $l n /r / 2"-3"COARSE AGGREGATE
x
4\� [ j I 0 // / COMPACTED 2'MIN. 18"MIN. PLAN VIEW
71
IL
"& / . G 1 11 \\ 1 y 11 ! I /r �t / 50'MIN.
/ 1 'Y 1 1 1 \ \ } � � � // f/\/\\ \\/\/// %\ \\/\// �� /�\\/\\\ 6"DIVERSION TO DIRECT RUNOFF FROM RAW
\
- -y hfik
6'TYPICAL SECTION VIEW ti
o\`\ OLD PERMIT f , ' �' TEMPORARY DIVERSION TEMPORARY GRAVELED
BOUNDARY I N �r /
\\ I I \ 1 r / \ NOT TO SCALE CONSTRUCTION ENTRANCE O
o � �
NOT TO SCALE ►--I
,l EXISTING WIINING \ ��_ ! A ' z/ i Z
EXCAVATIEN AREA _ -`�l _ -� i y I--i
S(SEE NOTE A5)
1 1 N I \ \ ff 12"STAY SPACING
-A \ / 51Y (TYP.) 0
UNEXCAVATED TOP iWIRE ��STEfL P06T 04
/ Z 1 y�� \ -- NS I 70' i� BUFFER �YMOVEN WIRE FENCING AS
1 REQUIRED
T ��ILT FILTER FABRIC
X MIN.12-t1�GA Z 4 U
+ _` y�G II I tNTE4k11tlEatrSE+NtwEs 2'-2"MIN.
{ MIN.1°GA FILTER FA13R
N/F r ❑LD PERMIT �° / BOTTOM WIRE
r - Y ��-.�� �- - O _ -MATERIAL / +
/ BRUNSWICK TIMBER, LLC ry
BOUNDARY - ^I STOCKPII,E ssI M1 `/1 Z
I a , O r-1
ANCHOR FABRIC SKIRT w/MIN,4' � W 0 p
C LONG WIRE STAPLES p 12"O.C.
7 STEEL POST ~
44
PREVIOUSLY DISTURBED AREA ' 1 F R OF
TFEN D
{ , + I C] 'FOR REPAIR OF SILT FENCE U
FAILURES, (--�
1 y APPRI�X 2iI X lOQ . AREA HAS ,^� q/ STONE IN LIEU OF COMPACTED 1 w
BEEN REPAIRED AND SEEDED, r / o / FILL- I!' [--r
\\ \\ 25 + i FRONT VIEW 6"MIN.COMPACTED FILL OVER SKIRT' SIDE VIEW � O
_ -UNDISTURBED y I + I 1
- \l3UFFFR r 1 i I � / 7 i�
1.INSTALL NEW SILT FENCES AS SHOWN ON DRAYYRV('AND AT LOCATIONS NECESSARY 70 CONTROL SILTATION OF ADJACE3�fT AREAS. fO-9 ^J
\ I 2-POSTS SHALL BE S IN LENGTH AND BE OF THE SELF FASTENER ANGL♦=TYPE. J
3.WOVEN WIRE FENCING,WHERE REQUIRED(SEE NOTE Sig),SHALL CONFORM TO AS'TM AI IS FOR CLASS 3 GALVANUM.FABRIC SWILL
1 BE A MINIMUM!OF 32'WE ANU HAVE A L*NIMUM OF 8 LINE WIRES WITH 12'STAY SPACING.THE TOP AND BOTTOM WIVES SHALL BE
10 GAUGE AND INTERMEDIATE WIRES SHALL BE 12-112 GAUGE.
\ \ I ,� 1 Z \ / ` 4.FILTER FABRIC SHALL BE OF NYLON.POLYESTER.PROPYLENE OR ETHYLENE YARN WRH A MINIMUM STRENGTH OF 30 LBAJN.M.AND
\ r 1 d A MINNIUTA OF 859E FILTERNG EFFICIENCY-FABFUC SHALL CONTAIN ULTRAVIOLET Wi1BfTORS AND STABiLlZEns. V 1
5.IF FILTER FABRIC IS USED WITH A STRENGTH OF 50 LBA_IN.IN.OR GREATER.AND THE POST SPACING 1SI DOES NOT EXCEED T.WOVEN
\ f `X� WIRE FENCING IS NOT REOUtRED.aMERWISE WOVEN WRE FENCING IS FIEOLAFi�.AND POST SPACING SHALL NOT OMEED S.
I l
�' � TEMPORARY SILT FENCE
LIM 5 OF EXCAVATION ' S� N\ NOT TO SCALE
1 / N87 2T 27'W ti
165.48'
PC1RA SE M T 3 N/F NEW PFK)PERTY UNE 17aScale: AS SHOWN
! I l TEMP❑RARY SILT BASINS-50'x 100' M ' C) \ `I'Sl� EJ UDY BET HEA
-� � Drawn By' AKA
1 i \ FENCING \ 1 !� � N/F m \ c? ��
Checked 13y: FMN/DBF3
f m SIEVE GRISSETT o n� CONSTRUCTION A ,/cam
STOCKPILE11
ti ENTRANCE \
PPROX 100'x 100'
\ \ NCDENR YARD �`+
J \ 4 WASTE t)ti�'/ RECEIVED
° N87.27'35'W CATEGORY AFFECTED ACREAGE
NOTIFlCATiON
y\\ i 4 _ 0_ I f� _ y EXISTING 20' EASEMENT 295.23' W- // I�LPi� G
1 1 / TAILINGS/SEDIMENT PONDS 0.1 1 ACRES
��
�\ \ _ Yo
7 71061V OLD PROPERTY
N/F I \ �\ 3 z 3 rk LINE STOCKPILES(EXISTING fic PROPOSED) 0.26 ACRES _ LpIIV QUALITY SECTION
J.E & L.A. STANLEY 4 l a �o i
\ \\ 1 THIS PLAN IS NOT ISSUED FOR
o �f �� �\ / WASTEPII ES (EXISTING& PROP(7�FD) 0-I8 ACRES CONSTRUCTION WITHOUT AFFIXED
C3 \ / CORPORATE SEAL.
1 "' 4 EXIST BUILDING / PROCESSING AREA/HAUL ROADS 0.55 ACRES
ITE MOTES-. J [ �� \ EXIST BUILDING R /r (INSIDE..MINE EXCAVATION)
ADDRESS OF MINE IS 777 McMILLY ROAD, SHALLOTTE,NC ZS' N85.14 5b•W \ N/F 1 - a�a __ - - L54 O PROCESSING AREA/HAUL ROADS 0.56 ACRES \` HES A4����i�
V TI NPROVIDED BY B BBY M. LONG Rc ASSOCIATES 269 B9' - - -- rn -J 8 ?' PO (9
UNDISTURBED \ ` MARY LEE HILL -- � (OUTSIDE MINE EXCAVATION) ` • • "
SURVEY INFORMATION O BUFFER `\ EXIST BUILDING - ; EXIST �1 j 40 j/ SEAL
EA 1
SHALLOTTE,NC \ \\ T❑ BE REMOVED - - - -38- ` - - �' BUILDING OQT �-� Q MINE EXCAVATION 13.7 ACRES ,* 07
y If
WETLANDS AREA 1.25 'r •. ,
TOPOGRAPHY PROVIDED BY BRUNSWICK COUNTY CIS. `. „ = - � - d ACRE5 '�� . •4
MINIMUM SETBACK& SCALE. 1 61 i� •.:yQfNE�•.• 5 ��
WETLAND DELINEATION BY STOCKS LAND SURVEYING, PC, FRONI'YARD:2SFEET NEW PROPERTY BOUNDARY
REAR YARD:25 FELT 0 30 60 120 180 TOTAL DISTURBED ACREAGE 14.26 ACRES
WILMINGTON, NC AND BRUNSWICK COUNTY GIs. SIDE YARD: 10 FEET 1" - 300'
WUTLAND: 25 FEET
THIS SITE IS LOCATED IN ZONE X ACCORDING TO DFIRM PANEL 1078. top C I
This drawings all not be reproduced in ; r' PROJECT NO. 0363
whole or in part without vvrl en permission of �` l I ,_ ;
Bowman Design& Engineering i1ces, PA

Revisions
LEGEND
LINE TABLE
SITE
SHALLCITTE 03-I0-08 Addresses comments from NCDENR -
LINE LENGTH BEARING i L: Land Quality dated
PROPERTY BOUNDARY
L1 39.41 Sal'28'40'E CONSTRUCTION SEQUENCE
L2 34.57 S01.35'46'E - - - - OLD BOUNDARY February 4,2008
1. OBTAIN MODIFICATION TO MINING PERMIT
L3 60.47 N35'20'50'W
L4 15.38 NO3.24'59'E �OECTON PRIOR TOM NCDENR-LAND UALITY BEGINNING
02-13-09 Permittee Name
L5 49.09 N35.30'06'w 4 , S4- /� NEW PROPERTY
� � Change
0 CONSTRUCTION.
L6 58.95 N38.31'20'w I / LIMITS OF EXCAVATION
L7 59.36 N40'23'46 W I LIMITS ❑F MINE i REBEL 2. INSTALL TEMPORARY GRAVEL
L8 91.02 N3B'39'40W 04-23-09 Additional Info
\ // J // EXCAVATION = �� TRAIL IVW CONSTRUCTION ENTRANCE. _ EXISTING CONTOURS
\ / -
L9 72.73 N38.50'47'W \ �/ \ / 13.7 ACRES
\ / _ 3. INSTALL DIVERSION BERMS AND
LIO 56.68 N21.45'12'W \ - \ - SEDIMENTATION BASINS. PROPOSED CONTOURS
SALll 62,20 N21'19'13'W \ / 25' � �� � - � �
\ \ 4. CLEAR 8 GRUB SITE. 4�,/
L12 6I,35 N21'51'02'W \ / UNT)ISTURIIED �� � \ � CREEK CENTERLINE f l4�_L13 46.21 N16'53'49'W N/F \ I RUT 'T.R - / i \ S. PERFORM EXCAVATION ACTIVITIES AS
L14 64.52 N05'48'32'E ❑LIVIA ANN SMITH�� J\ -- ' A6�' EXIST W
L15 29,11 N14'55'41'wall
,4�` _ _� _ _ / BUILDING \\ SHOWN ON THE PLAN. L- - J 404 WETLANDS
L16 45.00 N17.32'14'W _46- r a 6. STABILIZE ALL DISTURBED AREAS WITH _ EXISTING RIGHT-OF-WAY
L 17 46.68 N09'39'40'W -- - ` -S0� f ~1 1 - PERMANENT VEGETATION,
L18 41.92 N31'23'4D"E w - i �� i \ \ r - \ CAPABLE OF WITHSTANDING EROSION. J
_ rn �\ EXISTING EASEMENT
L19 5&99 NO2'41'35'E - 1 CIS-fll'Aa r % �� / \\ 4
L20 49.10 N10.19'54'W ~ ~ - - - - ~ �984 / // fY N� \ - > - > - DIVERSION SCALE
L21 34.78 N07'51'44'E - - - - - �" -42- - -` 1 _ � / � �„ N/F \ N/F �`
` `�j R❑NNTE DAVIE BLUE \ MARY LEE HILL ` .
Li�2 B6.5O N24'35'S6'W _ _ - -^ �~44� _�i� Y \ VEGETATED EARTHEN
L23 15.15 N75'01'48'E } CaNTA1NMFNTeIrF;M g
_ v / / 1 \ ` VEGETATED EARTHEN BERMWOW
\\ \\ / I MINE PERMITOPOO \ W O dj
\ / /,. _ \ BOUNDARY \ - - _ 12'
.. \ I , f tx 00 In
0 16,6 ACRES - � � to
2:1 SIDE SLOPE MAX ~� x N t`
FILTER FABRIC U �+
♦/ - f 5 1 I J ` REP RAP STONE CLASS I' w Z C)
� 3 /' - ,- - 1 + 1\ N87'S6'52'E N87'53'42'E \\ �TTT M� +-a 0)
_ , VICINITY M/�p
� I C / , \ 96,05' \ 4'MIN STONE SECTION IC11 \ l A y y ' =a :' W W Z 0
-ti / 191.89 Jl T 5'MIN. NOT TO SCALE Q Q
�� ,r l 4 ' 1 , - -. 1 I CLEAM BASM\HEM ONE
_4 py �� LL--��� -- -�r� ` HALF F L CARRY RIP-RAP UP SOF U
� TOP OF BfRFII OF SPILLWAY � � x �-I N
1 TOP ELEVATION OF STORMWATER 1$'FREEBOARD [� �
1 \ \ // / ` J W oEPTH MAX 4 1
` � In LO
� \ ,/ # \\ {SEE TEMPORARY SEDIiulFN7 BASIN TAPA FIi -
I
0 Q -
W 1 I d50=12' O ,
97
DIM A5CLEAN WASHED --- O
1 / / (SEE TEMPORARY SEDIMENT BASIN TABLE) STONEEn
0
1 - - I-I--4
# to
- 1 TEMPORARY SEDIMENT BASIN - �' :n w
50'MIN
+ S tr1 -...AJ'� Est
` \ � I ti I , x / NOT TO SCAL
TEMPORARY SILT f 1 f E / / � SEDIMENTATION BASIN CALCULATION :: -
I P CF/ACRE X 3.16 ACRES=11,376 ACRES
� '4 I 1 1 + II / 5ED ONO-3600
FENCING -� 4 /
� I 1 � � DIMENSIONS' 9B'X 49'X 3'
N/I
_ r
- / / + - - 1 / H HENRY li HILL TEMPORARY DIVERSIONS SHOULD BE SEEDED --
�. I / 1 r -�� � y �
z / AND MULCHED AS SOON AS THEY ARE "MIN
AAMR
LA / // CONSTRUCTED TO PRESERVE DIKE HEIGHT
1 AND REDUCE MAINTENANCE 15'MIN.
q // // 2"-3"COARSE AGGREGATE
COMPACTED 1$'MIN.
� y / // SOIL PLAN VIEW
50'MIN.
6'DIVERSION TO DIRECT RUNOFF FROM RAN
Alk
r*i / / 6'TYPICAL SECTION VIEW
o\\\ ��, ' ❑LD PERMIT ' ` / �' TEMPORARY DIVERSION TEMPORARY GRAVELED ON
r \ BOUNDARY 1 -1 CONSTRUCTION ENTRANCE
I N � / / NOT TO SCALE
NOT TO SCALE M--I
EXISTING\MINING \\ _AA� ! A ��/ /
\ 1 vL Ao EXCAVATIE� AREA - r
� l I - \ - � s(SEE NOTE 415)i i 2`STAY SPACING �f
50 ? WN.]o Qk �rsTEEL POST
1 v� ( \ \\ ti� I I IINEXCAVATTD TOPwrRE �wOVENWIRE FENCING AS
/} (b C1= 1 \ \ N BUFFER REQUIRED
' 1 MIN.12-1r2 GA
�- 70 / 1 'X y y tLT FILTER FABRIC �.�
/ 1 ► INTERMEDIATE WIRES 3'
1 i vl 2'-2"MIN. Q�
JI ILTER FABR
♦ N/F / 1 0 1--1
/ t . ❑LD PERMIT 0 y�1 _MATERIAL ♦ / �' MIN.]0GA
♦ - ~ BRUNSWICK TIMBER. LLC � --- ^ - BOTTOM WIRE M1r T^
/ BOUNDARY �7d STOCKPILE '
♦ ,/ I O \
_ I I , D LONG WIRE STAPLES 0 12"O.C. �' HH
- _ - - ANCHOR FABRIC SKIRT w!FAIN.4'
1 �~ 2'STEEL �-
/ / PREVIOUSLY DISTURBED AREA _ + 4
r
1 S 1 ti R REP U
G7 y t' - FALLJRES�USE NI57 WASHED
1 { APPR❑X 20' X 100'. AREA HAS ,`3�� I 3> STONE IN LIEU OF COMPACTED w
\ BEEN REPAIRED AND SEEDED. / o / , FILL.
a 0
l•RONT VIEW SIDE VIEW �-I
\\ \ 25 J I B"MIN.COMPACTED FILL OVER SKIRT'
__\UNDISTURBED { 11 1 1 I 1 J 1
\ l BUFFER 12 / NVTEs: /� a
,a, 1.INSTALL NEW SILT FENCES AS SHOWN ON DRAWING AND AT LOCATIONS NECESSARY TO CONTROL SILTATION OF ADJACENT AREAS. �1
` j � / \ 2.POSTS SHALL 13E 5'W LENGTH AND BE OF THE SELF FASTENER ANGLE TYPE. 0
3.WOVEN WIRE FENCING,WHERE REQUIRED(SEE NOTE 06),SHALL CONFORM TO ASTM A116 FOR CLASS 3 GALVANIZING.FABRIC SHALL
! 1 , BE A MINIMUM OF 32'WIDE AND HAVE A MINIMUM OF S LINE WIRE$WITH 12'STAY SPACING.THE TOP AND BOTTOM WIRE$SHALL BE U
\ r 1
10 GAUGE AND INTERMEDIATE WIRES SHALL BE 12-1R GAUGE.
4.FILTER FABRIC SHALL BE OF AM,ON.POLYESTER.PROPYL.EME OR ETHYLENE YARN WITH A MIMtMUM STRENGTH OF 30 LBJLIN.IN.AND r/�
\ j ! y '�` ` A MINIMUM OF a5%RLTERING EFFICIENCY.FABRIC SHALT.CONTAIN ULTRAVIOLET"40TORS AND STABILIZERS.
\1 \ ! l \ (/. 5.IF FILTER FABRIC IS USED WITH A STRENGTH OF 50 LBAIN.IN.OR GREATER,AND THE POST SPACING(S)DOES NOT EXCEED V.WOVEN I I I
\ f 1 l 1 L 4 WIRE FENCING IS N0T REQUIRED.OTHERWISE.WOVEN WIRE FEfNCING IS REQUIRED.AND POST SPACMCi SHALL.NOT EXCEED M. �7
�1
\
- r - - / 1 �`' TEMPORARY SILT FENCE x
LIM S OF EXCAVATION ' N, NOT TO SCALE
I l N87.27'27'W +\S Date: 17 Dec 07
! 155.48'
N/F NEW PROPERTY LINE Scale: AS SHOWN
PORA SE M T 3 ERVIN MILT❑N &
1 1 j Drawn B AKA
! I TEMPORARY SILT BASINS 100' 0 a Sl,� JUDY BETHEA l Y
FENCING \ �%D 4 N/F ao \ r'y. _ checlEeaBy: EnINmB>3
1 \ 1 RI . OD STEVE GRISSETT o �� CONSTRUCTION
STOCKPILE cn - ~ o ~ ENTRANCE
PPROX 100'x I00'
\ \ NCDENR YARD
WASTE
CATEGORY AFFECTED ACREAGE APR 2
N87.27'35'W
` NOTIFICATION EXISTING 20 EASEMENT
- _ I 4\\ 1 4 0-015 !{ - - - - - - r - ~ 295,23' w. 1 Ii
i77'1 OLD PROPERTY •10f fT,
rf TAILINGS/SEDIMENT PONDS 0.1 1 ACRES
■ \ S 21 , k _ LINE --
\ \ # N/F y \ a \ 3 Z STOCKPILES(EXISTING & PROPOSED) 0.26 ACRES
\ J.E & L.A. STANLEY 1 iu /
+ b THIS PLAN IS NOT ISSUED FOR
WASTEPILES(EXISTING&PROPOSED) 0.18 ACRES CONSTRUCTION WITHOUT AFFIXED
0' o \\ CORPORATE SEAL
i
J I ~ +E In ` EXIST BUILDING Z EXIST BUILDING J/ / PROCESSING AREA/HAUL ROADS 0.55 ACRES
SITE KOTES`J =rL j \ 701 (INSIDE
) � IIIII111111!!//
� iNSIDEMINF EXCAVATION
mot- �. _ / G LS4"\ a PROCESSING AREA/HAUL ROADS 0.56 ACRES ���\pp•�FOSS RO����i��
ADDRESS OF MINE IS 777 McMILLY ROAD, SHALLOTTE,NC 25' N85.14'S& W N/E (OUTSIDE MINE EXCAVATION) Po o,�•y
UNDISTURBED 269,99, MARY LEE HILL -- --
SURVEY INFORMATION PROVIDED BY BOBBY M. LONG &ASSOCIATES BI)FFFiR -- - - -- EXIST `� Q 3� l••9
EXIST BUILDING 1 [H;x� 41�i �` / I� MINE EXCAVATION 13.7 ACRES - SJ=AL -
SHALLOTTE, NC. _ BUILDING it tcA /' o7 =
\ TO BE REMOVEDs �
E BY BRUNSWICK OUNTY GIS. `\. - T �O ° 1� '. orNt ••' SOS TOPOGRAPHY PROVIDEDC ` Y � �'�- WETLANDS AREA 1.25 ACRES %eta''• N
MINIMUM SEBACKS: SCALE; 1" =60' �
WETLAND DELINEATION BY STOCKS LAND SURVEYING, PC, FRONT YARD:55 FEET NEW PROPERTY BOUNDARY TOTAL DISTURBED ACREAGE 14.26 ACRES l'���ry rHIIMtN `\1r\
WILMINGTON, NC AND BRUNSWICK COUNTY GIS. SEAR YARD:0 FEET 0 30 60 L20 l80 1" - 300,
SIDE YARq; 10 FEET
WETt.AND: 25 FEET' C
THIS SITE IS LOCATED IN ZONE X ACCORDING TO DFIRM PANEL, 1078.
This drawing shall not be reproduced in PROJECT NO. 0363
whole or in part without wntten permission of
Bowman Design & Engineering Services, PA

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ti` . fi°^p` r c y m °` PO BOX 748� 143-3 HOLDEN BEACH ROAD ° x g o ell z '
W -,,soN.. ,��,,,,� �Df 5 HOLMES CONSTRUCTION & EXCAVATION, LLC o
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SHALLOTTE NORTH CAROLINA 28459 0 z
SHALLOTTE, NORTH CAROLINA OFFICE [phone] FAX [phone] �° �'

I, Kimberly F. Holmes, current permittee for Aqua Fresh Farms, LLC Mine, request that
the following mine be transferred into the name of Holmes Construction & Excavation,
LLC, of which I am a managing member. Holmes Construction & Excavation, LLC
accepts any and all responsibilities and liabilities with respect to the Mining Act of 1971.
In addition, 1 request a ten year extension for the existing permitted 7.59 acres and a
modification to the permit to add an additional 11.0 acres. These activities will not
encroach into any areas that will invoke any of the 7 denial criteria listed under G.S. 74-
51 of the Act.
Current Mine Name: Aqua Fresh Farms, LLC Mine
Current Mine Permit#: 10-53
Permit Acreage: 7.59 acres °
Mine Location: 777 McMilly Wad, Shallotte NC 28459
Proposed Mine Name: Holmes Mine
Proposed Mine Permittee: Holmes Construction & Excavation, LLC
• O
K4bberly.F'. Uelmes
Managing Member, Aqua Fresh Farms, LLC
Managing Member, Holmes Construction& Excavation, LLC
8- -OCI
Date
R�CEIVEr)
.o
us I32009

Wehner, Judy
From: Elizabeth Nelson [[e-mail]]
Sent: Tuesday, August 11, 2009 2:54 PM
To: 'Judy Wehner'
Subject: FW: Mine
Attachments: CO.pdf; Mine Assignment Letter.pdf
Please let me know if you need anything else.
-' BOWMAN DESIGN
-�1 & ENGINEERING
SERVICES, FA
v-
T
i=_ ::rkien&nchPd.Sup:�•?.4.Bcx;=5 Sh�%e«e.\C�S=fir
Elizabeth M. Nelson, P.E.
Project Manager 0�:":9!d:`•J55.Ej?6
pax:yio.'SS.6a_"
u:•.�ii enelsar�atmc,net
From: Kimberly Holmes [mailto:[e-mail]]
Sent: Tuesday, August 11, 2009 11:24 AM
To: 'Elizabeth Nelson'
Subject: RE: Mine
I've attached the dots you needed_ Please let me know if they're not correct. Also, I am mailing hard-copies to Judy
today.
Thanks for everything and have a blessed day!
Kim
From: Elizabeth Nelson [mailto:[e-mail]]
Sent: Tuesday, August 11, 2009 11:04 AM
To: 'Kimberly Holmes'
Subject: Mine
Please read and let me know if any of the information is not correct. Thanks!
1

0 0
CERTIFICATE OF TIME DEPOSIT — NON-NEGOTIABLE AND NON-TRANSFERABLE NUMBEfiATE2002019335
ISSUED TO NAMEISI AND ADDRESS(ES)OF DEPOSITORfSI;'you,your") NAME AND ADDRESS OF ISSUERMINANCIAL INSTITUTION 1"we,us't
HOLMES CONSTRUCTION & EXCAVATION LL SECURITY SAVINGS BANK
KIMBERLY F HOLMES 5074 MAIN ST
H L HOLMES PO BOX 3288
SHALLOTTE NC 2845 -s 000a
426 HOLDEN BEACH RD 910-754-4371
SHALLOTTE, NC 28470-0000
TAX lU NUMBER ISSUE DATE MATURITY DATE AUTOMATICALLY RENEWABLE TERM AMOUNT OF CERTIFICATE
08/06/2009 08/06/2010 ❑ SINGLE MATURITY 12 Month $11,100.00
OWNERSHIP TYPE: Bus/Cmpy/Org
ADDITIONAL TERMS:
Words or phrases preceded by a El are applicable only if the J❑ is marked. Phrases containing a blank space which is not filled in or completed
with an NIA are not applicable.
INTEREST RATE
FIXED RATE. The deposit evidenced by this Certificate will earn an annual interest rate of 2.100 % Annual Percentage Yield: 2.12 %
❑ VARIABLE RATE. The deposit evidenced by this Certificate will earn an interest rate based on the index indicated below as adjusted by the
frequency indicated as "Adjustment Frequency".
Initial Interest Rate: % Annual Percentage Yield: % Adjustment Frequency;
First Adjustment Date: INDEX: ❑ Plus []Minus a margin of %
0 The interest rate will not be ❑ increased to more than % per annum❑ decreased to less than % per annum,
❑ The interest rate will not change by more than % per adjustment.
The interest rate will not decrease below % or increase above %.
UCALLABLE. This Certificate has a "call" feature as described in the Account Agreement:
❑ BUMP-UP. This Certificate has a "bump-up" feature as described in the Account.Agreement:
Interest Payment Frequency: Quarterly which will be 0 added to principal of this Certificate. ❑ paid to you by check.
❑ credited to account number with routing number NOTE:Payment type may effect APY earned,
Interest will be calculated on a basis of J`X] 365 days ❑ Other- —-_ _— Interest will be compounded Daily.
EARLY WITHDRAWAL PENALTY: 1 Month
Early Withdrawal Penalty may invade principal.
lv f Grace Period-Automatically Renewable Certificate: 7 days. if this Certificate is withdrawn during the grace period,
ED the interest rate will be %. ❑ interest will not be paid during the grace period.
❑ the interest rate will be the same rate of interest that would have been paid on this Certificate if renewed.
❑ Post-Maturity Interest- Single Maturity Certificate:
❑ The interest rate on this Certificate after the Maturity Date will be 90.
Interest will not be paid after the Maturity Date.
Authorized Optional
Signer; X Signature (Official):
REDEMPTION. You acknowledge receipt of funds represented by this Certificate of Deposit.
X X
DEPOSITOR SIGNATURE(DATE DEPOSITOR SIGNATURElDATE
e Caimlianch SYSIOMS,Inc.18B1,1993,t995,1448.19fi7.1998.2000,2001.2002.2003.2UU4,2005,2007,2009 www.compliaocerYstencr.cnm
11EM 578BAU 108051 Pope 1 of I eee1ea.8922 Fax 615.956-I86e,

1, Kimberly F. Holmes, current permittee for Aqua Fresh Farms, LLC Mine. request that
the following mine be translorred into the name of Holmes Construction & .Excavation,
LLC, of which I am a managing member. Holmes Construction & Excavation, LLC
accepts any and all responsibilities and liabilities with respect to the Mining Act of 1971.
In addition, 1 request a ten year extension for the existing permitted 7.59 acres and a
modification to the permit to add an additional 11.0 acres. These activities will not
encroach into any areas that will invoke any of the 7 denial criteria listed ender U.S. 74-
51 of the Act.
Current Mine Name: Aqua Fresh Farms, LLC Mine
Current Mine Permit #: 10-53
Permit Acreage: 7.59 acres
Mine Location: 777 McMilly Road. Shallotte NC 28459
Proposed Mine Name: Holmes Mine
Proposed Mine Permittee: Holmes Construction & Excavation, Lf.0
Kf4iberly 1 . Uelmes
Managing Member, Aqua Fresh Farms, IA.0
Managing Member, Holmes Construction & Excavation, LLC
8-1[-Oct
Date

TRANSMISSION VERIFICATION REPORT
TIME : 06/04/2009 11: 13
NAME : NC DENR DLR
FAX : [phone]
TEL : [phone]
SER.# xxxrxxxrxxxr
DATE DIME 0B/04 11:12
FAX NO./NAME 919103502018
DURATION 00:01:03
PAGE(S) 04
RESULT OK
MODE STANDARD
ECM
�v
Lp

North Carolina Department of Environment and Natural Resources
Division of Land Resources - Land Quality Section Mining Program
1612 Mail Service Center, Raleigh, North Carolina 27699
[phone] Fax: [phone]
FAX COVER SHEET
FAX NUMBER TRANSMITTED-TO: m`U-0#
To: Aj1CI - I��S
Of.
From:
RE:
Date:
COMMENTS: 6- qO O
ID 401A0
*IF YOU DO NOT RECEIVE ALL PAGES,PLEASE TELEPHONE US IMMEDIATELY AT(919)733-4574.

• AT*A •
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
May 20, 2009
Certified Mail
Return Receipt Requested
7008 1300 0000 1122 7378
Mr. Hubert Holmes
Holmes Construction and Excavation LLC
PO Box 1216
Shallotte, North Carolina 28459
Re: Holmes Mine
Mining Permit No. 10-53
Brunswick County
Lumber River Basin
Dear Mr. Holmes:
The review has been completed on the transfer, modification and renewal request
you/your company submitted for the referenced mine site. However, the following is needed to
continue processing your application:
The reclamation bond was calculated for this site using the information submitted on the
revised mine maps. The reclamation bond for this site has been calculated to be $11,100.00.
The calculation worksheet is enclosed for your review and the bond will be required prior to
approval of this renewal.
For your convenience, I have enclosed a bond form, an assignment of a savings
account form and irrevocable standby letter of credit form for your use in securing the required
bond. The name on the security must be the same as the name appearing on the application
for a mining permit, i,e., Holmes Construction and Excavation LLC. In addition to one of
these alternatives, you may, upon request, substitute a cash deposit.
Please be advised that the transfer, modification and renewal request cannot be
completed until the new bond amount has been received.
As required by G.S. 74-51 (h), you are hereby advised that you have 60 days from the
date of your receipt of this letter to submit the reclamation bond. If you are unable to meet this
deadline and wish to request additional time, you must submit information, in writing, to the
Director clearly indicating why the deadline can not be met and request that an extension of
time be granted.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 1 FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recyded 110%Post Consumer Paper

CERTIFIED MAIL
Mr. Holmes
Page Two
In order to complete the processing of your request, please forward the bond to my
attention at the following address:
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
Please contact me at [phone] if you have-any questions.
Sincerely,
Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section
Enclosures: Bond Forms
Bond Calculation Worksheet
cc: Mr. Dan Sams, PE

�pnr :C_i'I'IU�1 FOR _� AININ "ER:NIT
E. DETERMINATION OF AFFECTED ACREAGE .AaVD BOND �GrL , 11�j,L<. :C-��
Theybiloiving bond c.•aiculation%vorksheet is to he used to establish an appropriate [fond Chased;raon,;range
ot'SSOO to S=.000 per alfecred acre;fvr each permitted mine site based itaon the Lrcrc�uge approved bt the
Department to he affected during the life oj'the mining permit. Please insert the avoroximate acreage, for r:acir
�rspect ot'rhe mininQ operation. rear you intend to affect during the 1 fe of this mining permit tin rion please
insert the approprrare reclamation cost/acre ,tbr each categ„orv,fi-om the Schedule of Reclamation Costs
provided ivirh this application orm) OR you can defer to the Department to calculate your bond for you eased
upon your;naps and standard reclamation costs:
AFFECTED RECLANTATION RECLANIA TION
CATEGORY ACREAGE COST/ACRE­ COST
Tailings/Sediment Ponds: . [�`Ac. X S 00` /Ac.
,A
Stockpiles: .at s—Ac. X S Aoe /Ac. - S
Wastepiles: ' L — Ac. X S _ c�QQD r�_/Ac.
Processing AreaiHaul Roads: !• 11 Ac. X S g CD /Ac.
•S' 6 ,sW
Mine Excavation: ! Ac. X S MQ-"' /Ac. -- $ y J"
13.07-.It -- k, —.13 -.s�
Other: Ac. X S /Ac. — S
TOTAL AFFECTED AC.: Ac.
13•r7 �- , 6'(a ..
(TOTAL PERMITTED AC.: Ac.)
Temporary& Permanent Sedimentation & Erosion Control Measures:
Divide the TOTAL AFFECTED AC. abovd into the following two categories: a) affected acres that drain into
proposed/exist'mg excavation and/or b)affected acres that will be graded for positive drainage where measures will
be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands.
a) Intemal Drainage 1 . a6 Ac.
b) Positive Drainage Ac. X $1,500.00 = S (7
SUBTOTAL COST: S
Inflation Factor:
0.02 X SUBTOTAL COST: S X Permit Life(1 to 10 years): -
INFLATION COST: S 1$ SI" a'o
TOTAL COST = SUBTOTAL COST+ INFLATION COST = S fT
Total Reclamation Bond Cost: S
(round dbwn to the nearest S100.00)
- 14-

w
North CarolinPepart inent oi'Environment and N•ral Res��ta ,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
0"
1. MINE NAME Holmes Borrow Pit 2. ]MINING PERMIT# 10-53
3. OPERATOR Kimberly F. HoImes 4. COUNTY Bninswick
5. ADDRESS 214 Village Road Shallotte,NC 28459
6. PERMIT EXPIRATION DATE Au ust 11 2010 7. RIVER BASIN Lumber
8. Person(s) contacted at site No one on site.
9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ® Yes ❑ No
11. Date last inspected: 197J08 12, Any mining since last inspection? ❑ Yes ® No
13. Is the mine in compliance with the Operating Conditions of the Permit? F] Yes ® No
If no, explain: OC#3A Sufficient buffer minimum 25 foot undisturbed Shall be maintained between an
affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland
from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. OC#4A:
Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt
retarding*structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and
maintained to prevent sediment from discharging onto adjacent surface areas or into anv take, wetland or
natural watercourse in proximity to the affected land. OC45 All_affected_area boundaries(6.51 acres) shall be
permanently marked at the site on I00 foot intervals unless the line of sight allows for larger spacing intervals.
OC#6: The angle for graded slopes and fills shall be no greater than the an le which can be retained b
vegetative cover or other adequate erosion control_measures, structures, o_r devices. In any event exposed
slopes or any excavated channels, the erosion of which may cause off site damage because of siltation,shall be
planted or otherwise provided with c,round cover, devices or structures sufficient to restrain such erosion.
OC#8: Existing vegetation or vegetated earthen berms shall be maintained between the mine and Rublic
thoroughfares whenever practical to screen the operation from the public. OC#9A:Sufficient buffer shall be
maintained between any excavation and any m.i_ning pen-nit boundary to protect the adjacent_property. OC#9B:
Buffers between any excavation and adjoining Mopert. boundaries shall be maintained as indicated on the
mine man dated June 29 2000. 00#10A: No on site disposal of refuse or other solid waste that is generated
outside of the mining_permit area shall be allowed within the boundaries of the mining permit area unless
authorization to conduct said disposal has first been obtained from both the Division of Waste Management
and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan. OC#11: An annual reclamation report shall be
submitted on a form-supplied by the Ae artment by February 1st of each year until reclamation is completed
and approved.
14. Is the mine in compliance with the Reclamation Conditions of the Permit? D Yes ® No
If no, explain: RC#1: Provided further, and subject to the Reclamation schedule, the planned reclamation
shall be to restore the mine excavation to a lake area and to grade and-revegetate the adjacent disturbed areas.
RC#2B: The side slopes to the lake excavation shall be graded to a 3 horizontal to I vertical or flatter below
the water line. RC#2C: Any areas used for wastepiles, screening, stockpiling or other processing shall be
leveled and smoothed. RC#2D: No contaminants shall be permanently disposed of at the mine site. On site
disposal of waste shall be in accordance with Operating Condition Nos. I O.A. through D.
15. Did any of the above deficiencies result in offsite damage? 0 Yes ❑No
If yes, describe the type and severity of the damage: Slight off site damage to adjacent wetlands and

16. Corrective measures needed and/or taken: The outer perimeter Buffer Zone) must be repaired by
mechanical means or vegetative means to bring the site in compliance with OC#6 & OC#9B.. Regrade slopes
to an_anple able to sustain ve_getaliv_e cover_or use other adequate erosion.control measures to retain sediment
on site. On site disposal of waste shall be in accordance with Operating Conditions Nos. 10, A.throu hh D,
17. Other recommendations and comments: Please take the necessary steps to bring the site into
compliance immediately.
8. Is the Annual Reclamation Report+/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed
19. Follow-up inspection needed? ® Yes ❑ No Proposed date 8/5/08
20. No. of additional pages of Ins e 4 ign Report 0. 21. Copy of Report sent to operator 6/13/08
INSPECTED BY: Nicholas Mills DATE 6/13/08
Telephone No: 910-796-7230
Copy to file Copy to operator Copy to Mining Specialist

I
Wehner, Judy
From: Mills, Nick
Sent: Wednesday, May 20, 2009 3:50 PM
To: Wehner, Judy
Subject: Holmes Mine 10-53
As per my last inspection of the Holmes Mine 10-53 all erosion control measures recommended and buffer restoration
recommended have been completed.The mine is operating in compliance except for the raining limits being marked
clearly.
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.
1

f
North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Holmes Borrow Pit 2. MINING PERMIT # 10-53
3. OPERATOR Kimberly F. Holmes 4. COUNTY Brunswick
5. ADDRESS PO Box_1216 Shallotte,NC 28459
6. PERMIT EXPIRATION DATE August 11, 2010 7. RIVER BASIN Lumber
8. Person(s)contacted at site H.L. Holmes
9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? E Yes ❑ No
11. Date last inspected: 6/13/08 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: RC#1: Provided further, and subject to the Reclamation schedule, the planned reclamation
shall be to restore the mine excavation to a take area and to grade and revegetate the adjacent disturbed areas.
RC#2B: The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter below
the water line. RC#2C: Any areas used for wastepiles, screening, stockpiling or other processing shall be
leveled and smoothed. RC#2D: No contaminants shall be permanently disposed of at the mine site. On site
disposal of waste shall be in accordance with Operating Condition Nos. I O.A. through D.
15. Did any of the above deficiencies result in offsite damage? ❑ Yes 0 No
If yes, describe the type and severity of the damage:
16. Corrective measures needed and/or taken:
17. Other recommendations and comments: Continue efforts to establish_ground cover within repaired
buffer and on the perimeter dikes.
18. Is the Annual Reclamation Report+/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed
19. Follow-up inspection needed? ® Yes ❑No Proposed date 1/12/2009
20. No.of additional pages of ins a ti`on Report 0. 21. Copy of Report sent to operator t 1/19/08
144 7 AJA
INSPECTED BY: Nicholas Mill DATE 11/12/08
Telephone No: 910-796-7230
Copy to file Copy to operator Dopy-to-Mining-Specialist-
F�ECEIVED
NOV 9 0 2nog

—tary of State http://www.secretary.state.ne.us/corporations/Corp.aspx?Pitemld=62...
North Carolina
• -
a e Marshal! DER ,RTMENT O1=-1-I-iE'
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27626-0G22 (091807-2000
CORPORATIONS Date: 5/20/2009
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Register for E-Procurement ... _ ...... _ .. _. ... _.. . .._.... ....._.. ._.....................................
Dept. of Revenue Agent Name: Holmes, Hubert L.
ONLINE ORDERS Registered 426 Holden Beach Rd.
Office Address: Shallotte NC 28470
Start An Order Registered PO Box 1216
New Payment Procedures Mailing Shallotte NC 28459
Address:
CONTACT US
Principal Office 426 Hoiden Beach Rd,
Corporations Division Address: Shallotte NC 28470
TOOLS Principal PO Box 1216
Mailing Shallotte NC 28459
Secretary of State Home
i of 2 5/20/2009 10:50 AM

APPLICATION FOR A MINIAERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range
of S500 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. Please insert the approximate acreage, or each
aspect o the mining operation, that you intend to affect during,the li e o this minin ermit in addition please
insert-the apprQpriate reclamation cosilacre for each catigory from the Schedule o Reclamation Costs
provided with this applicationform) OR Xqu can defer to the Department to calculate your bond for you based
upon yaur,maps and standard reclamation costs:
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE* COST
Tailings/Sediment Ponds: ^1_Ac. X $ 6'000 0 /Ac. — $ CIO
Stockpiles: ^at,, Ac. X $ MOD* /Ac. - $_ lie _
Wastepiles: _Ac. X $ 6706b 60 /Ac. - $ ae
Processing Area/Haul Roads: ! . 1 I Ac. X $ i8CV0 /Ac. -- $ 1 "
Mine Excavation: ! . Ac. X $ /Ac.
3
Other: Ac. X $ /Ac. _ $
TOTAL AFFECTED AC.: 1 • a(o Ac.
13-q r , Sjo '--
(TOTAL PERMITTED AC.: ! Ac.)
Temporary& Permanent Sedimentation & Erasion Control Measures:
Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into
proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will
be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands.
a) Internal Drainage ��. v�{a -_ Ac.
b) Positive Drainage O _Ac. X $1,500.00
SUBTOTAL COST: $
Inflation Factor:
0.02 X SUBTOTAL COST: $ v X Permit Life (1 to 10 years): z o
INFLATION COST: $ 1 5 T ao
TOTAL COST = SUBTOTAL COST+ INFLATION COST = $
Total Reclamation Bond Cost: $
(round dbwn to the nearest$100.00)
- 14-

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MI ING CHECKLIST F0 OUTING
P f ler i"
Applicarft's Name: n .��� . r � Project Name; �-
ApplicJPermit No.: lU-53 County: 016wr6 i✓ Date Received: V �' Uq
Reviewer: River Basin Name:
❑New C Renewal ❑Modification (inside permit boundaries)
Modification (out;side pe boundaries) �Transfer El please
C Partial Release C Additional Information ❑Fee Needed: $
❑Fee Received:
YTrut
A �+-6-- Regional Office (2 compiete copies,attach the"LQ5 Regional
Office Mining Application Review Checklist"to one copy and attach kalb tHe DWQ and DAQ
"Mining Application Review Form"to the other copy, send both.copic5 to the Regional Engineer)
Date: Routed Reed
❑Division of Water Resources Date: Routed Reed
❑NC Wildlife Resources Commission Date: Routed Reed
C U5 Fish &Wldiife Service Date: Routed Reed
(Only new applications and modification requests that add land to the permit)
P� ngutd fiMta206 n121ja&V0MA'! -Mnv lQrAV12n maw to:
0 Division of Parks & Recreation Date: Routed Reed
0 NC Geological Survey Section Date: Routed Reed
(Only new applications and modification requests that acid land to the permit)
❑Division of Archives & History Data: Routed Reed
(only new applications)
❑Other. Date: Routed Reed
"5uopen5e Date for Commentr7: r" I I t jig (no later than 25 days
from receipt)
❑Please note the foilowing:
J

BOWMAN- DES I�I
& E.NGINEERI
SERVICES , PA
143 Holden Beach Road, Suite 3, PO Box 748, Shallotte,North Carolina 28459
Phone:[phone] Fax,910-755-6527
April 23, 2009
Ms.Judy Wchner
Division of Land Resources
NC Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Subject: Holmes Mine (Permit# 10-53)
Shallotte, Brunswick County
Dear Ms. Wehner:
Our office received a copy of your request for additional information. The following
additional information is provided.
1. Silt fence has been added to the Mining flan in several locations. In
addition, a detail for the measure has been added to the plans.
2. An area of approximately 20' x 100' was previously disturbed. This area is
indicated on the Mining Plan. This area has been repaired and seeded.
3. The sediment basins and debris piles have been updated on the Mining Plan.
A copy of the Yard Waste Notification (YWN-10-015) obtained from
NCDENR for this mine is enclosed for your reference.
4. The 48 foot depth actually represents the maximum elevation difference
between the bottom of the pit and the rim of the excavation. The elevation
difference from the bottom of the pit to the lowest point around the rim is
only 36 feet. Based on observation of the current mining activities, the water
table is only about 10-12 feet deep at this point (an elevation of
approximately 24-26 feet). Therefore the mining activities below the water
table are only proposed as 25'. The operator of the mine is confident that he
can mine these conditions without dewatering with the equipment listed in
his application.
Enclosed for your reference are six (6) copies of the revised mine map. If you
have any questions or require any additional information,please contact our
office. CC I
Sincerely, R G C G I
f&cffi M. Nelson, PE LAND QUF+LI'�Y
Enclosures
CC. Pile: 0363 —Holmes Mine

. "k-i 1Vl.Utz NF-- rrtr
90 MR
North Carolina Department of Environment and Natural Resources
Division of Waste Management
Beverly Eaves Perdue Dexter R. Matthews Dee Freeman
Govemor Director Secretary
February 6, 2009
Mr. N.L. Holmes
Aqua Fresh Farms, LLC
PO Box 1216
Shallotte, NC 28459
Re: Yard Waste Notification— Brunswick County
Aqua Fresh Farms, LLC—YWN-10-015
Dear Mr. Holmes:
The Solid Waste Section has received your yard waste facility notification form. As long
as your facility only processes and stores less than 6,000 cubic yards of the following materials
on a quarterly basis, you can continue to operate by notifying the Section on an annual basis by
June 11"t of each year. If your composting activities grow In size to more than 6,000 cubic yards
quarterly, please contact the Solid Waste Section for assistance in obtaining a permit.
Facilities operating under notification shall only receive:
a. Untreated and unpainted wood waste.
b. "Silva culture Waste" as defined in 15A NCAC 13B.0101(62); waste materials {produced from
the care and cultivation of forest trees, including bark and woodchips.
c. "Yard Waste" as defined in 15A NCAC 13B .0101(65); yard trash and land clearing debris to
include stumps, limbs, leaves, grass, and untreated wood.
Facilities operating under notification are required to-operate in accordance with 15
NCAC 13B .1406 and .1404(a)(1)-(9).
If you have questions or if we can be of any other assistance please do not hesitate to
contact the Environmental Senior Specialist, flues Hare, at 910-796-7405. ` —
Sincerely,
Michael Scott, Environmental Supervisor
Composting R Land Application Branch
cc: Wes Hare, Environmental Senior Specialist,Wilmington Regional Office
Dennis Shackelford, Eastern District Supervisor, Fayetteville Regional Office
Central File, Solid Waste Section
H:clalCornpostirYard Waste/Notiflcatlons/lmrunswicklAqua Fresh Farms,LLC YVVN-10-015 2-5-2009 ���✓))
1646 Mail Service Center,Raleigh,Forth Carolina 27699-1646 One
Phone:[phone] FAX:[phone] Internet:www.wastenotnc.org No CaTolrna
)aturrall
An squat Opportunity 1 Affirmative Aalon Employer
'kl"t1�G Nirtr tb,lic __

RECEIVED
APR E 4 2000
LAND QUALITY SECTION
r

North Carolina Department of Cultural Resources
State Historic Preservation Office ,
Peter IA.Sandbeek,Administrator
Beverly Laves Perdue,Governor Office of Archives and History `
Linda A.Carlisle,Secretary Division of Historical Resources
Jeffrey J.Crow,Deputy Secretary David Brook,Direclor
March 18, 2009
MEMORANDUM RECEIVED
TO: Brenda Harris �� 2 4 ����
Land Quality Section
Division of Land Resources, NCDENR
1 --�, LAND auAl.,n SECTION�Ec��o
FROM: Peter Sandbeck e4t,6 ,J1�
SUBJECT: Application for Mining Permit Modification, Hohnes Construction & Excavation, LLC,
Holmes Mine, ER 09-0378
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.
While we note that this project review is only for a state permit, the potential for federal permits may require
further consultation with us and compliance with Section 106 of the National Historic Preservation Act.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579.
Location:109 East Jones Strect,Raleigh NC 27601 Mailing Address:4617 Mail Service Center,Raleigh NC 27699-4617 Telephone/Pax:[phone]/807-6599

A7A
NCDENR
North Carolina Department of Environment and Natural,Rpsovrces
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
March 20, 2009
Certified Mail
Return Receipt Requested
7007 0710 0001 5982 7529
Mr. Hubert Holmes
Holmes Construction and Excavation LLC
PO Box 1216
Shallotte, North Carolina 28459
RE: Holmes Mine
Mining Permit No. 10-53
Brunswick County
Lumber River Basin
Dear Mr, Holmes:
We have reviewed the modification, renewal and transfer request your company
submitted for the referenced mine site. However, the following information is needed to
continue processing your application:
1. Provide adequate sediment and erosion control, such as properly installed silt
fence, along the northwestern excavation limits. Provide a construction detail for
the measure(s).
2. A field inspection by personnel from the Wilmington Regional Office revealed the
buffer along the western wetland boundary has been affected. Please accurately
indication the disturbance and provide details on how you intend to restore the
area. Stabilize the perimeter berm with ground cover.
3. In addition, the inspection has revealed the sediment basins and debris piles
need to be accurately shown on the mine map. Acreage must be provided from
all existing debris piles.
4. Please be aware that the existing permit states no dewatering activities may
occur at this site. Any modification to it will also require that no dewatering will
occur at this site. Please explain how you intend to mine to a depth of 48 feet
without dewatering.
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

,,SEhDER: COMPLE'rE THis skcnON qw.'COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A- S azure
Rem 4 R Restricted Deltvery Is desired. X Agent
9 Prfnt your name and address on the reverse ❑Addressee
sty that we can return the card to you. 8 ecelved by{ N C. Date of Dellvery
■ Attach this card to the back of the mailplece,yr rl t e oaWd
or on the front 1f space permits. r
O -D-ls dell eryaddresadlffsren_t fmm ltem.l?_l�Yes
1. Arllcle Addressed to: f YES,en r e! Iawk� 0
V
1909
)
MR HUBERT HOLMES �pR hiR6 ca09
a
HOLMES CONSTRUCTIO
PO BOX 1216 13, sem ,�iVo '^' �; SECTfON
SHALLOTTE NC 28459 sye� red etumReeeiptforMerchandise
sured Mal ElC.O.D.
4. Restricted DelVery?(Extra Fee) ©Yes
l 2, Article Number 7007 p71tJ I1CJd1 5982 7529
(ftnsfer ftm service label}
i
' PS Form 3811,February 2004 6 Domestic Return Recelpt 3 �y2� t 9 1025s5 0�nr 15401
i _,.J

Certified Mail
Mr. Holmes
Page Two
Please be advised that our review cannot be completed until all of the items listed
above have been fully addressed. In addition, please note the Land Quality Section may
request additional information, not included in this letter, as the mining application review
progresses.
In order to complete the processing of your application, please forward two (2) copies of
the requested information to my attention at the following address:
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days
from the date of your receipt of this letter to submit all of the requested information. If you are
unable to meet this deadline and wish to request additional time, you must submit information,
in writing, to the Director clearly indicating why the deadline can not be met and request that
an extension of time be granted. If an extension of time is not granted, a decision will be made
to grant or deny the mining permit based upon the information currently in the Department's
files at the end of the 180-day period.
Though the preceding statement cites the maximum time limit for your response, we
encourage you to provide the additional information requested by this letter as soon as
possible. Your prompt response will help us to complete processing your application sooner.
Please contact me at [phone] if you have any questions.
Sincerely,
�0, � --
Judith A. Wehner
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Dan Sams, PE
Ms. Elizabeth Nelson, PE — Bowman Design, PO Box 748, Shallotte, NC 28459

RIM
.
NCDENR
North Carolina Department of Environment and Natural Resources
Wiknington Regional tftire
[phone]
Michael F.Easley,Governor William G,Ross Jr„Seuctary
FAX COVER SHEET
l
d t
Date: # pages 1
� w ,
w
To: From: � S
Co: Division
Fax: FAX #: 9]9-7'15-8801
Remarks:
127 Cardinal Drive Ext.,Wilmington,North Carolina 264055845 - Phone: [phone] FAX: [phone]
E0/i0 39Gd 2NMON 8T0Z05E016 06:0T 600Z/0z/E0

I
LAND 4&AL17Y SECTION REGIONAOFFICE
MINING APPLICATION REVIEW CHECKLIST
APPLICATION/PERMIT NO.: �0�-573 ACTION: New Modification ene a ransfer elease
APPLICANT NAME; .�
MINE NAME; AC&4AAk. COUNTY:
Administrative Issues:
A. Is the site currently under NOV? Yes No Explain,
B. is the site under CAMA jurisdiction? Yes 9 Explain:
Field Issues:
A. Are potential wetlands and watercourses properly indicated on the Mine Map? to Explain: ,�°5,
B. Are the proposed buffer zones adequate? YesP Explain: `�
�QU s ' 'al I °
•
C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? S'ne No
Explain:
D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? No
Explain-
E. Is visual screening needed'? e No Explain: 4-
F. Are the proposed erosion and sedimentation contra measureS properly located to prevent offslte
sedimentation? Yes No Explain: ee.
G. Is the proposed revegetaticnireclamation plan acceptable? es No Explain-,
Date inspected;
Eros' nd Sedim ntaVon Contra# Plan Review;
It is the responsibility of the Regional Office staff to verify the adequacy of the E&S measures. Please provide
any concerns or comments:
Other Comments:
Who was the applic tin routed to and when?:
Division of Air Quality: Date: 3-C-'AlDivision of Water Quality (Water Quality Section only): Date: 3-
Other: Date.
Inspector/Reviewer's Name: Date: -15-09
Regional Engineer's Name: Date:
Rev Dec 2006
E0/Z@ 3Oad NWICIDN 81OZOGEOTS VE :07 saaZ/OZ/EO

Mine 10- 3 Review Comments
E. Visual screening has been provided on the southern boundary line but in the form of a
perimeter berm,but is need of stabilization.
F. Erosion control measures on site are not properly indicated on the proposed
plans(location).No crosion control measures are present on site on the northwest
boundary line where they are needed.
Erosion and Sedimentation Control Plan Review
The northwest boundary line; is in need of appropriate erosion control measures to retain
any sediment on site from mining activity. Northwest boundary line shows and
undisturbed buffer between minhig excavation and delineated wetlands. Portions of this
buffer have been dis::urbed and should be restored.
E0/£0 3Jdd 8N3QON 810Z09E016 bE'.OI 600Z/0Z/E0

MINING CHECKLIST FOR ROU111NG
Applicant's Name:_ km1(?c��. c;�;gym Project Name: p
ApplicJFcrmit No.: !0-53 County: �)X J Date Received: A a 0
Reviewer River Basin Name: �.�-�✓
❑New 'eRenewa1 ❑Modification (inside ermit boundaries)
glt oditation (outside permit boundaries) .�Trranofer ❑ Release
❑Partial Release ❑Additional Information a Fee Needed:
Q Fee Received: $
ajzj2lical;0m=rkagc to:
f ✓ Regional Office (2 cornpiete copies; attach the"LQ5 Regional
Office Mining Application Review Checklist"to one copy and attach hath the DWQ and PAO
"Mining Application Review Form"to the offer copy; send both copies to the Regional Engineer)
Date: Routed Reed
❑Division of Water Resources Date: Routed Reed
❑NC Wildlife Resources Commission Date: Routed Reed
❑U5 Fish &41 iW fe Service Date: Routed Reed
(Only new applications and modification requests that add land to the permit)
❑Division of Parks & Recreation Date: Routed Reed
Zi NC Geological Survey 5ection Date: Routed Reed
(Only new applications and modification r&a uests that add land to the permit)
C Division of Archives & History Date: Routed Reed
(Only new applications)
❑Other. Date: Routed Reed
"5u5penoc Date for Comments: 00 cr-0 (no later than 25 days
from receipt)
❑Please note the following:

BOWMAN DESIGN
& ENGINEERING
SERVICES , PA
143 Holden Beach Road, Suite 3,PO Box 748,Shallotte,North Carolina 28459
Phone;910-755-6526 Fax:[phone]
TO: Ms. Ashley Rodgers DATE: 2/27/09
Division of Land Resources, NCDENR PROJECT: Holmes Mine
1612 Mail Service Center
Raleigh,
SUBJECT:
GENTLEMEN:
We are sending you: [X ] Attached or Enclosed j ] Under Separate Cover
Via; US Mail the following items:
[ ] Plans [ ] Contract Documents [ ] Specifications [ ] Shop Drawings
[ ] Samples [ ] Copy of Letter [ ] Reproducibles [ ] Computer Disk
[X] Other Copies of Certified Mail Receipts/Also.Non-Deliverable to Steve Grissett
Sheet No.(s) No.Conies Date Sheet or Item Description
These are Transmitted as Checked Below:
[ ] As Requested [ ] For Your Use [ ] For Approval [ ) Approved as Submitted
[ ] Approved as Noted [ ] Comments [ ] For Your Information [X] Rejected
[ ] Submit [ ] Additional Copies j ] Resubmit [ ] For Approval R:QWD
h n 2
U ALITY SECTIor�
liEmlARxs:
Vicki Meyers, Office MAnager
cc: File 0363 —Holmes Mine

SECTIONSENDER: COMPLETE THIS SECTIr COMPLETE THIS ON s
■ Complete items 1,2,and 3.Also co pieta A
Rom 4 If Restricted Delivery Is desired. ❑Agent
■ Print your name and address on the reverse x C1 Addressee
so that we can return the card to you. B. RWelved by fad N C. Date of Dut1w"
■ Attach this card to the beck of the mallplece, J e q
or on the front If space permits.
D. address item 1? ElYw
1. Article Addressed to. (� If YES,enter delivery address below: ❑No
sV\&A\a�kie., Ne 1
3. Serv"Typo
Uturtlfted MBII Ey3)Dpm Mau
❑Registered IJ Ratum fiacelpt for Merchandise
❑Insured!Mall ❑C.O.D.
4. RastllCted DaUveryrl pit Fee) ❑Yes
2. ArWeNumbw 7007 3020 0001 0995 7912
Marwisr ftm mvto kw
PS Form 3811,February 20134 Domestic Return Receipt 1 401-1w�
SENDER: • SECTION COMPLETE THIS SECTION ON DELIVERY
N Complete Items 1,2,and 3.Also complete `• , .'. .
item 4If.Restricted Delivery%desired. �A6ent
■ Print your name and address on the reverse x ' Addressee
so that we can return the card to you. B.iR Name) Frt
of Delivery
■ Attach this card to the back of the mallplece,,or on the front If space permits. t iD
D. is $ddress dmerertt iroecn 1? ❑Yes
1. Artki�a Addressed to:
. • .,�� If YES,enter delivery address below: ❑ No
,
��-v��n�w�r�►���� man '
lob-
gyp
3. -Iype,�l. CwtWMa ❑ Mau
❑Re latered Gd Rstum Receipt for Merchandise
❑Insured Mail ❑G.O.D.
4. Restricted Delhrery?(Erne Fee) ©Yes
2. ArtUe w*irumt?' 7007 302p 0001 0995 7899
(t>•ansrer fror►i se,vlce 1af
Ps Form 3811,Feb mary 2(XX Dorm Rahn, 1 02 4-1540
SENDER:COMPLETE THIS.SECTION COMPI ETE 7HIS SECTION ON DELIVERY
■ Complete Items 1,2.and 3.Also complete A. Sigruftum
item 4 If Restricted Delivery is desired. X P O S 0 11 Agent
❑Addressee
■ Print your narne and address on the reverse
so that we can return the card to you. S. R nth Nam Date of Dallvury
■ Attach this card to the back of the mailpiece,
or on the front If•space permits.
D. I address dl ftern 1? ❑Yea
1, Article Addressed to: I 8,e d below, ❑ No
[[Mai (.;�; �; 11 " c
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ff'oertinwt^ Mau M Eitptess Mall
❑Reglstated @<atum Recalpt for Mtwc andlse
C7 Insured Mall ❑G.O.D.
4, Restricted DeRvW(Bit Fen) ❑Yes
2. Arilde Number
{rJ'urewf mswwcolaw 7008 1830 0002 0549 1918
P5 Form 3811, February 2004 I Rewm Receipt 102596.4244-1W I

SENDER: COMPLETE— 'IS SECTION COMPLETE THIS SECTIO111')N VEUVERY
■ Complete Items t,2, 8.Also complete FA A 51g
Item 4 if Restricted Delivery Is desired. ❑Anent
■ Print your name and address on the reverse X ❑AddressesC;
so that we can return the card to you. S. iv (Printed ) D of ry .
■ Attach this card to the track of the mallplece,
or on the front If space permits.
1, Article Addressed to: A. la delivery address dffiere d from item 1 Yes
7 ❑
If YES,enter delhrery address below,. C]No
�1-u A V%rc\S!IS C. 10614- 3. Service Type
apoorefieci Mau Mali
0 Registered Cd Retum Receipt for Marc ha"se
CJ insured Mail ❑C.O.D.
4. Restricted Delivery?Pit 1" ❑Yes
2. hms N�tmt o 7Q07 3020 0001 0995 7943
(lrrtrrs>Ter frnvri servk.e
Ps Form 3811,Fetzruary 2004 Domsstic 5n#� �lpy 102595-W44-15 a i
SENDER: . .N COMPLETE THIS SECTIONON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Sele
Item 4 If Restricted Delivery Is deslred. r ❑Agent
■ Print your name and address on the reverse X ❑Addressee
so that we can return the card to you. B. q } C. Date of Delivery
■ Attach this card to the back of the mallplece,
or on the front H space permits.
1. Article Addressed to: I I t � D address 1? ❑Yes
r '� ,enter delivery address beta ❑No
Fig �� 204g
q 3. �Marl
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❑VR T m Receipt for Merchandise
❑Insured C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number, 7p07 3p20 Qo0i 0995 7936
(rhumfer from seivroe isbe
P5 Form 3811,February 2004 Domestic Return Receipt 102595-02-WIW
SECTIONSENDER: COMPLETE THIS SECTION COMPLETE THIS ON DELIVERY
■ Complete Items 1,2,and Si.Also complete A.
Item 4 R Restricted Delivery is desired. ;
■ Print your name and address on the reverse ❑Addrossee
so that we can return the card to you. by(p AWM) Data of Delivery
■ Attach.this card to the back of the mallplece, vT G
or on the front It space permits. *gipp A
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or on the front H space permits. D. is delivery add from item 17 L-t TUN
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SENDER: • + DELIVFRY
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item 4 If Restricted Delivery Is desired. p
■ Print your name and address on the reverse
so that we can return the card to you. by nted C. to I
■ Attach this card tp the back of the mailplece, 4n
or on the front N space permits.
D. Is delivery add horn Item 17 ❑ Yes
1. Article Addressed to:V if Y@8,ernes deilw addres�lEe �39
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PS Form 3811,Feb u uy 2004 Domestic Return Receipt 102595-02-WIG40
i

Bowman Design &Engineering Services, PA
P.O. Box 748
£';?llolte, NC 28459 U.SP THGE PAID
SHAL NC
2847Q
uHrr�srerss FF%09-
711 3020 OB01 a995 7950 MOW3&`"K` $5 32
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Steve,Grissett
P_O. Box 2425
Shallotte, NC 28459
NxXIE 290 9E 1 '01 02/19/09
RETURN TO 'SENDER
NOT DELIVEAASLE AS ADDRESSED ;.
UNABLE TO PORWARD
MC: 294SO074949. *2290-02515—i9-26
..... .
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Identify Page 1 of 1
o Parcel Boundary
© €" GRISSETT STEVE
1810000708
Parcei Number 1810000708
Account Number 62490360
PIN 107814444594
Owner GRISSaETT STEVE QP
Owner Address 1
Owner Address 2 POST OFFICE BOX 2425
City SHALLOTTE
State NC
Zip 28459
Legal Description TR-3 .34AC PLAT 24/230
Parcel Street Number
Parcel Street
Street Type
Street ❑ir
Subdivision
Deed Book 1471
Deed Page 1143
Deed Date 6/14/2001
Plat Book
Plat Page
Plat Date
Land Value $5,140
Building Value $0
Other Value $0
Deferred Value $0
Total Taxabie Value $5,140
Heated Sq Ft
Year Built
Bedrooms
Full Baths
Stories
lExt. Wall 1
Ext. Wall 2
Neighborhood 6001
Municipality
Fire Tax District SHALLOTTE
Township SHALLOTTE
Acreage
Sale Price $0
http:Hgi: brunsco.net/identify.aspx?govUser=false&N,alidUser=false&x1-2174457.221350... 2/27/2009

t p EC EME
NCQENR UMI=- HABITAT PROTECTION
North Carolina Department of Environment and Natural Reso rGes
Division of Marine Fisheries
Beverly Eaves Perdue Dr. Louis B. Daniel Ill Dee Freeman
Governor Director Secretary
MEMORANDUM
TO: Rich Carpenter
Division of Marine Fisheries
FROM: Anne Deaton, Chief
Habitat Protection Section
Division of Marine Fisheries
SUBJECT: Mining Permit Application VWD
APPLICANT: Holmes Construction & Excavation, LLC �, } ; �
Holmes Mine
PROJ. LOCATION: Brunswick County
ALITY SECTIpN
DUE DATE: March 16, 2009
Indicated below is the Division of Marine Fisheries reply for the above referenced project. if
you have any questions, please do not hesitate to contact me.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See Attached.
Thi ge obj to a project for reasons described in the attached
m S.
SIGNED: DATE:
3441 Arendell Street,P.O.Box 769,Morehead City,North Carolina 28557 One
Phone:[phone] FAX:[phone] Internet:www.ncdmf.net No thCarollina
An Equal oppoduniy 1 Afrirmative AcWn Employer Nib tura+f ff

E r ll,
LA V
s
NCDENR
North Carolina Department of Environment and Natural Resour Or-WABITAT PROTECTION
Division of Land Resources
Land Quality Section
James D. Simons,P.G., P.E. Beverly Eaves Perdue, Governor
Director and State Geologist February 23, 2009
MEMORANDUM D
MAR 1 2 ?nng
TO' Ms. Anne Deaton
Habitat Protection Section DMF_ FiRgiTAT PROTECTION
Division of Marine Fisheries
FROM: Brenda M. Harri
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for Holmes Construction & Excavation, LLC
Holmes Mine
Brunswick County
Please find attached for your review a copy of the mining permit application request
for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please
respond by March 16, 2009 so that we may complete our review of this request within our
statutory time limits.
As is the case in our review of all mining permit applications,.renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on wildlife and marine
fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is
recommended that they contact the person submitting this request to set up a convenient
date and time. Also, please send a copy of your comments to the person noted in the
application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
Ibmh
cc: Mr. Dan Sams
.ti
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 1 FAX; 919-715.8801
512 North Salisbury Street, Raleigh, North Carolina, 27604
i

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DPR/RRS Mining Permit Application Review
RRs
Name of project:0 iW ` Ida ,_-4ly o�
Countyl: .P� ,17[L,� _
Proposed activity is /isnot within 5 miles of a public park or recreation area.
If yes, identify the park: �W h,,O rTZ5� P/9,4uGi // 41c:,
Manager/agency name: Tim (n2 yo2,
(contact name):
(phone; fax): (q f®) W.53 —
(e-mail):
Review conducted by: Date: S zed
PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEWICOMMENTS.
YOU CAN ALSO E-MAIL YOUR COMMENTS TO:
Adrienne.MeCaigunncmail.net
TRANKS'.
RECEIVED
Return form and materials to: MAR 121009
Adrienne McCoig
DENR/Division of Parks & Recreation LANE?QUALITY
1615 MSC MINING PROGRAM
Raleigh,NC 27699-1615
4�4-
4 �+
-
W �.al Itiru .mo
(Please Print on COLOR Paper)
MAR 10 2009
Admen-Dir Office

7iA-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons,P.G., P.E. Beverly Eaves Perdue,Govemor
Director and State Geologist February 23, 2009 Dee Freeman, Secretary
MEMORANDUM
TO: Mr. Lewis Ledford, Director
Division of Parks and Recreation
FROM: Brenda M. Harri
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for Holmes Construction & Excavation, LLC
Holmes Mine
Brunswick County
Please find attached for your review a copy of the mining application request for the
above referenced project.
Please review this information and advise as to the probability of this operation
having unduly. March 16, 2009 so that we may complete our review of this request within
our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on publicly owned
parks, forests or recreation areas would be greatly appreciated. If your staff wishes to
perform a site inspection, it is recommended that they contact the person submitting this
request to set up a convenient date and time. Also, please send a copy of your comments
to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND
MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
/bmh
Attachments RECEIVED
cc: Mr. Dan Sams MAR 12 2009
LAND cwALlrY
VINING PROGRAM
1612 Mail Service Center, Raleigh, North Carolina 27699.1612 - 919-733-4574/ FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina, 27604

0
Parks &
-FEB 2-6 2009
Admin-Dir Office

LE 0.WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Beverly Eaves Perdue,Governor Dee Freeman,Secretary
February 27,2009 Thomas A. Reeder, Director
MEMORANDUM
T0: Ms. Judy Wehner RECEIVED
Land Quality Section
FROM: John Barr /6 MAR 0 3 2009
Ground Water Management Section
Division of Water Resources LAND QUALITY
MINING PROGRAM
SUBJECT: Comments on the Mining Permit Renewal/Modification Request for:
Holmes Construction& Excavation, LLC
Holmes Mine
Brunswick County
Please find attached a copy of the mining permit renewal/modification request for the above referenced project.
The Holmes Mine located in Brunswick County does not appear to have an unduly adverse effect on ground
water supplies. However, the mine is pumping water and will need to register their withdraws if they are
pumping over 100,000 gpd.
Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water
withdrawals in accordance with the North Carolina General Statute G.S. 143-21 S.22H. This statue requires any
non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface
water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any
one day of surface water from one river basin to another river basin to register and update their water transfers.
Water withdrawal registrants must complete the annual water use reporting form by April I for the previous
year.
If you have further questions please contact the Division of Water Resources at [phone] or send
correspondence to 1611 Mail Service Center, Raleigh NC 27699-1 6 1 1.
1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One
Phone: [phone] FAX: [phone] Internet: www.ncwater.org NortllCar'olina
An Equal opportunity!Affirmative Action Employer-50%Recycled 110%Post Consumer Paper ;Vaturallff

AriZA....
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor
Director and State Geologist February 23, 2009 Dee Freeman, Secretary
MEMORANDUM
TO: Mr. Nat Wilson RECEIVED
Hydrogeology Group
Division of Water Resources PEAR 03 2009
FROM: Brenda M. Har
Mining Program Secretary LAND QUALITY
Land Quality Section MINING PROGRAM
SUBJECT: Mining Permit Modification for Holmes Construction & Excavation, LLC
Holmes Mine
Brunswick County
❑ Mine Dewatering Proposed No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit renewal request
for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on March 16, 2009 so that we may complete our review of
this request within our statutory time limits.
Any comments your agency can provide regarding potential effects on potable
groundwater supplies and groundwater quality will be appreciated. We would like to have
any recommendations you may provide for permit conditions, for reasonable protection of
groundwater quantity or quality.
If your staff wishes to perform a site inspection, it is recommended that they contact
the person submitting this request to set up a convenient date and time. Also, please
send a copy of your comments to the person noted in the application.
PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
/bmh
Attachments
cc: Mr. Dan Sams FEB 24 2009
MOM OF DATER REST.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574/FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina, 27604

ic v
-7�7M�, 4

i
,• r

MINING CHECKLIST FOR KOUT]NG
IicarrC's Name: � �,,;� �.�}'� �-
A �-
rr — Project Name.
ApplicJPermit No.: /0-53 County; Date Received: l9 v
Reviewer. River Basin Name: A_?,�_
❑New Renewal C Modification (inside permit boundaries)
, Modification (outside permit �oundarles) 'EB;transfer ❑Release
❑1 Pamiaf Release ❑Additional Information ❑ Fee Needed: $
`RFw Received: ��S��J �'y'►tUCrl.! r C'�CF�U�� c•'PG s /hT Pc�
entire A1212licalk13 VAckage to-,
Regional Office (2 compiete copies:attach the nai
Office Mining Application Review Checklist"to one copy and attach k=h th .DW -DAQ
"Mining Application Review Form"to the other copy, send i7oth,copic5 to the Tonal ngineer)
Date: Routed 3 0`�Rem d
LE Melon of Water Resources Date": Routed Reed
99C Wildlife Resources Commission Date: Routed s Reed
1U5 Fish &Wildlife 5eMce Date: Routed Reed
(Only new applications and rodifcation requests that add land to the permit)
) f MSion of Parks & Recreation Date: Routed ,:9' a3 Reed
'! NC Geological 5urvey 5ect4on Date: Routed -\ �Rec'd
\ (Only new applications and modification requests that add land _ e- it)
Division of Archives & History Date: Routed Rec d
(only new applications)
��Xher. i)M E Date: Routed � -- Reed
"5u5pense Date for Comments: 3 6) (no later than 25 days
from receipt)
❑Please note the following:
kr A � J
/.1 ,

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Beverly Eaves Perdue,Governor
Director and State Geologist February 23, 2009 Dee Freeman, Secretary
MEMORANDUM
TO: Ms. Maria Dunn
_Habitat Conservation-Program Coordinator--
Wildlife Resources Commission
FROM: Brenda M. Harris
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for Holmes Construction & Excavation, LLC
Holmes Mine
Brunswick County
Please find attached for your review a copy of the mining permit.renewal request
for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please
respond by March 16, 2009 so that we may complete our review of this request within our
statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on wildlife'and
freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site
inspection, it is recommended that they contact the person submitting this request to set
up a convenient date and time. Also, please send a copy of your comments to the person
noted in the'application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH
YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
lbmh
Attachments
.cc_ Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 f FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

ATi7A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons,P.G., P.E. Beverly Eaves Perdue,Governor
Director and State Geologist February 23, 2009 Dee Freeman, Secretary
MEMORANDUM
TO: Mr. Nat Wilson
Hydrogeology Group
Division of Water Resources T
FROM: Brenda M. Har
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for Holmes Construction &'Excavation, LLC
Holmes Mine
Brunswick County
❑ Mine Dewatering Proposed © No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit renewal request
for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on March 16, 2009 so that we may complete our review of
this request within our statutory time limits.
Any comments your agency can provide regarding potential effects on potable
groundwater supplies and groundwater quality will be appreciated.--We would like­toahave
any recommendations you may provide for permit conditions, for reasonable protection of
groundwater quantity or quality.
If your staff wishes to perform a site inspection, it is recommended that they contact
the person submitting this request to set up a convenient date and time. Also, please
send a copy of your comments to the person noted in the application.
PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
Ibmh
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, 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. February 23, 2009 Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
MEMORANDUM
TO: Mr. Peter M. Benjamin
Application Review Coordinator
U.S. Fish and Wildlife Service
FROM: . Brenda M. Harrid§��
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for Holmes Construction & Excavation, LLC
Holmes Mine
Brunswick County
Please find attached for your review a copy of the mining application request for the
above referenced project.
- 'Please review this information and advise as to the probability of this operation
having unduly March 16, 2009 so that we may complete our review of this request within
our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. .
However, any comments your agency can provide regarding effects on wildlife and
freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site
inspection, it is recommended that they contact the person submitting this request to set
up a convenient date and time. Also, please send a copy of your comments to the person
noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND
MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
/bmh
cc: Mr. Dan Sams
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. Beverly Eaves Perdue, Governor
Director and State Geologist February 23, 2009 Dee Freeman, Secretary
MEMORANDUM
TO: Mr. Lewis Ledford, Director
Division of Parks and Recreation
FROM: Brenda M. Harri
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for Holmes Construction & Excavation, LLC
Holmes Mine
Brunswick County
Please find attached for your review a copy of the mining application request for the
above referenced project.
Please review this information and advise as to the probability of this operation
having unduly March 16, 2009 so that we may complete our review of this request within
our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on publicly owned
parks, forests or recreation areas would be greatly appreciated. If your staff wishes to
perform a site inspection, it is recommended that they contact the person submitting this
request to set up a convenient date and time. Also, please send a copy of your comments
to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND
MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
Ibmh
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 [phone] I FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

H—CbENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Beverly Eaves Perdue, Govemor
Director and State Geologist Dee Freeman, Secretary
February 23, 2009
MEMORANDUM
TO: Ms. Renee Gledhill-Earley
Application Review Coordinator
Archives & History
FROM: Brenda M. Harri
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for Holmes Construction & Excavation, LLC
Holmes Mine
Brunswick County
Please find attached for your review a copy of the mining application request for the
above referenced project.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on significant
archeological resources and/or human skeletal remains would be greatly appreciated. If
your staff wishes to perform a site inspection, it is recommended that they contact the
person submitting this request to set up a convenient date and time. Also, please send a
copy of your comments to the person.noted in the application.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
/bmh
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina,-27699-1612 • 919-733-4574 I FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604

A7iA
RUM
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., A.E. Beverly Eaves Perdue,Governor
Director and State Geologist February 23, 2009 Dee Freeman, Secretary
MEMORANDUM
TO: Ms. Anne Deaton
Habitat Protection Section
Division of Marine Fisheries
FROM: Brenda M. HarriCB;-zk
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for Holmes Construction & Excavation, LLC
Holmes Mine
Brunswick County
Please find attached for your review a copy of the mining permit application request
for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please
respond by March 16, 2009 so that we may complete our review of this request within our
statutory time limits.
As is the case in our review of all mining permit applications,.renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on wildlife and marine
fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is
recommended that they contact the person submitting this request to set up a convenient
date and time. Also, please send a copy of your comments to the person noted in the
application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
/bmh
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, !North Carolina 27699-1612 - 919-733-4574 I FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

MCCS `Acne Permit Applicat#art Review C;tecicsheet
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0.
HOLMES CONSTRUCTION& EXCAVATION, LLC SECURITY SAVINaSFBANK;SSB
PO'Box 1216 Shalllotte,NC 28A70; �: �• �• a
Shallotte'F1C'28459 {, +ei, ss 7ta3i253i + E, y y
(91 Q)754-3400 , •, : P t.i 4`f.•l• `w l r „'
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1617 Mail Service Center
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BOWMAN DES
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SERVICES , PA
143 Holden Beach Road, Suite 3,PO Box 748, Shallotte,North Carolina 28459
Phone:[phone] Fax: [phone]
February 18, 2009
Ms. Judy Wehner FEB 19
Division of Land Resources 200,
NC Department of Environment and Natural Resources LAND A / ITY SECTION
1612 Mail Service Center
Raleigh,North Carolina 27699-1612
Subject: Aqua Fresh Farm. LLC (Permit# 10-53)
Shallotte, Brunswick County
Dear Ms. Wehner:
We are pleased to enclose the following for review and approval for the
modification and transfer of a mining permit; _
1. One(1)original and five(5)copies of the application.
2. Six (6) copies of the mine map and reclamation plan.
3. Six.(6) copies of a 7.5-minute quadrangle map.
4. Six (6) copies of a county highway map.
5. One (I) original and five (5) copies of a letter a mine transfer, extension
and modification.
6. A check in the amount of$850, $750 for the permit renewal and $100 for
transfer of ownership.
7. A copy of the receipts for the certified letters sent to the adjacent property
owners and County Manager. A copy of the green cards will be forwarded
to your office upon receipt.
If you have any questions or require any additional information, please contact our
office.
Sincerely,
M
El' a eth M. Nelson, PE
Enclosures
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FEB 19 2�39
LAND QUALITY EECTlON
NORTH CAROLINA
MINING PERMIT APPLICATION
State of North Carolina
Department of Environment
and Natural Resources
Division of Land Resources
Land Quality Section
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
[phone]
Revised: January 30,2008
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APPLICATION FOR A MINI PERMIT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine Holmes Mine County Brunswick
River Basin Lumber
Latitude (decimal degrees to four places) 33.9800 Longitude(decimal degrees to four places) 78.4233
2. Name of Applicant* Holmes Construction &Excavation. LLC
3. Permanent address for receipt of official mail** P.O. Box 1216_Shallotte,NC 28459
Telephone (910) 754 - 3400 Alternate No. ( _ )
4. Mine Office Address 777 McMilly Road,Shallotte,_NC 28470
Telephone ( )
5. Mine Manager H.L. Holmes
We hereby certify that all details contained in this Permit Application are true and correct to the best of our
knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit
revocation,
***Signature �: Date February 13,2009„
Print Name Hubert L. Holmes
Title Member Mana er
* This will be the name that th ining permit will be issued to and the name that must be indicated on the
reclamation bond securi that c esponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** Signature of company officer required.
G.S. 74-51 provides that the Department shall grantor deny an application fora permit within 60 days of receipt of a
complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any
supplemental information required by the Department. All questions must be addressed and all required maps
provided before this application can be considered complete. Attach additional sheets as needed.
- 1 -

NVID

V �1
APPLICATION FOR A MINI PERMIT •
NOTE: All of the following questions must be thoroughIy answered regarding your mining operation for
the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
1. Answer all of the following that apply:
❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the
permit(this is the acreage thatT"new permit" fee will be based upon):
Of this acreage, how much is owned and how much is leased? Acres owned:
Acres leased: Property owner if leased:
If this is an application for RENEWAL of mining permit, indicate the mining permit number and
the total (overall) acreage covered y the existing permit: Mining Permit No.: " 10-53
Total permitted acreage(this is the acreage that the "renewal" fee will be based upon): 7.59
® If this is an application for a MODIFICATION to a mining permit, indicate the mining permit
number and the total (overall) acreage covered y the existing permit.
Mining Permit No.: 10-53 Total permitted acreage: 7.59
DoeLte modification involve acreage within the previously ap roved permitted boundary?
Yes No N. If es, indicate the acreage to be covered by this modification(this is the acreage
that a "major modification" fee will be based upon):
Doe the modification involve acreage outside the previously approved permitted boundary?
Yes No ❑. If yes, indicate the additional acreage to be covered by this
modification: 11.0 . (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(i.e.:disturbed,
ground cover removed) by the raining operation? Yes ® No ❑(If no,a "minor modification"
fee of $100.00 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): _6.84.
® If this is an application for TRANSFER of a mining permit,indicate the mining permit number and
the total (overall) acreage coveredy e existing permit.
Mining Permit No.: 10-53 Total permitted acreage: 7.59
SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE
PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED
ABOVE
2. Name of all materials mined: sand, clay, marl
3. Mining method:
R
Hydraulic Dredge B Front-end Loader&Truck JZ Shovel &Truck
Dragline & Truck Self-loading Scraper
Other(explain): Water will be pumped from one on-site cell to another--no discharge of water offsite.
a. Expected maximum depth of mine (feet) 48
Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.)
natural ground level
b. Expected average depth of mine(feet) 32
5. Has any area(s) at this site been mined in the past? Yes ® No ❑
-2-

APPLICATION FOR A MINI PERMIT
If yes, when and by whom was this activity conducted? Under existing permit
6. Number of years for which the permit is requested (10 years maximum): 10
B. MAPS
1. Clearly mark and label the location of your mining operation on six 6 co ies of a 7.5-minute quadrangle
and a county highway map. These maps, in addition to six f6)comes of all mine maps and reclamation
maps, must be submitted with each permit application.
7.5-minute quadrangles may be obtained from the N.C. Geological Survey:
Mailing Address: Physical Address:
1612 Mail Service Center OR 512 North Salisbury Street, 5 h Floor
Raleigh,North Carolina 27699-1612 Raleigh, North Carolina 27604
[phone]
www.geology.enr.state.nc.us/
County highway maps may be obtained from the N.C. Department of Transportation:
North Carolina Department of Transportation—Geographic Information Systems (GIs)
Mailing Address: Physical Address:
NCDOT GIs Unit NCDOT GIs Unit
1587 Mail Service Center 3401 Carl Sandburg Court
Raleigh,North Carolina 27699-1587 Raleigh,North Carolina 27610
[phone]
www.ncdot.orp,/it/gisContact/default.htmi
2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged
topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the
maps along with their corresponding(approximate) acreage. As a reminder, mining permits can
only be issued for up to 10 years; thus, all 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, at a
minimum:
a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located
including easements and rights-of-way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.
d. Outline and width of all buffer zones (both undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
f. OutIine 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.
Outline and acreage of all settling and/or processing wastewater ponds.
Location and acreage of all planned and existing access roads and on-site haul roads.
1. Location of planned and existing on-site buildings.
m. Location and dimensions of all proposed sediment and erosion control measures.
n. Location of 100-year floodplain limits and wetland boundaries.
o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of
the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of
the mining permit boundary,must be provided on the mine map.
-3 -

APPLICATION FOR A MINI PERMIT •
p. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,or
other watercourse,railroad track,or utility or other public right-of-way.If an adjoining tract is owned
or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of
tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be
provided on the mine map(s). NOTE: "Highway"means a road that has four lanes of travel or less
and is not designated as an interstate Highway.
q. Map legend:
1. Name of applicant
2. Name of mine
3. North arrow
4. County
5. Scale
6. Symbols used and corresponding names
7. Date prepared and revised
S. Name and title of person preparing map
Map scales should meet the following guidelines:
PERMITTED ACREAGE MAP SCALE
0-49 Acres 1 inch= 50 feet
50-199 Acres 1 inch= 100 feet
200+Acres 1 inch=200 feet
(NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items)
-4-

APPLICATION FOR A MINA 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 (Explain)
Total Disturbed Acreage
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.
-5-

APPLICATION FOR A MINI PERMIT
C. PROTECTION OF NATURAL RESOURCES
I. Describe in detail the sequence of events for the development and operation of the mine and reference the
sequence to the mine map(s). Attach additional sheets as needed.
Install Erosion Control Measures
Clear and grub site.
Excavate Site.
Stabilize all disturbed areas with permanent vegetation.
2. Describe specific erosion control measures to be installed prior to land disturbing activities and during
mining to prevent offsite sedimentation(include specific plans for sediment and erosion control for mine
excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of
installation and schedule for maintenance of the measures. Locate and label all sediment and erosion
control measures on the mine map(s) and provide typical cross-sections/construction details of each
measure. Engineering designs and calculations are required to justify the adequacy of any proposed
measures.
Install construction entrance. Install temporary diversions and temporary sediment basins and
traps as shown on the plans prior to land disturbing activities. Sediment should be removed
from basins and traps when the storage capacity reaches 50%. Gravel construction entrance
will be cleaned when sediment acculations are visible and will be periodically top dressed with
2 inches of$4 stone to maintain 6 inches in depth. Positive drainage will be maintained
toward proposed pond during mining activities. Upon completion of mining, stabilize disturbed
areas above the pond surface with permanent vegetation.
3. a. Will the operation involve washing the material mined, recycling process water, or other waste water
handling? Yes ❑ No Z. If yes,briefly describe all such processes including any chemicals to be used.
b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to
the waters of the State? Yes ❑ No Z. Ifyes, briefly describe the nature of the discharge and locate
all proposed discharge points (along with their method of stabilization) on your mine map(s).
-6-

APPLICATION FOR A MINI PERMIT
c. Will any part of the proposed mine excavation(s) extend below the w ter table? Yes ® No ❑.
If yes, do you intend to dewater the excavation(s)? Yes ❑ No �.
If yes,what impact,if any,will mine dewatering have on neighboring wells? Estimated withdrawal rate
in gallons per day: n/a . Locate all existing wells on the mine maps) that lie within
500 feet o he proposed excavation area. Provide data to support any conclusions or statements made,
including any monitorin*well data,well construction data and current water withdrawal rates. Indicate
whether the proposed mine locale is served by a public water system or private wells.
d. If you answered yes to any of the above questions, provide evidence that you have applied for or
obtained the appropriate water quality permit(s)(i.e.,non-discharge,NPDES,Stormwater,etc.)from the
Division of Water Quality, Water Quality Section. In addition,the applicant is required to register water
use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day
and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity
use area and withdraws more than 100,000 gallons per day.
n/a
4. a. Will the o eration involve crushing or any other air contaminant emissions? Yes ❑ No ®.
If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the
Division of Air Quality or local governing body.
b. How will dust from stockpiles, haul roads, etc.,be controlled?
The dust will be watered down as needed
-7-

t J
APPLICATION FOR A MINI PERMIT
5. a. A buffer will be required between any mining activity and any minmF permit boundary or right-of-
way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion &
sedimentation control measures may be installed within it), an undisturbed buffer(no disturbance
within the buffer whatsoever),or a combination of the two,depending upon the site conditions. Note
that all buffers must be located within the mining permit boundaries.
How wide a buffer will be maintained between any mining activity and any mining permit boundary
or right-of-way at this site? A minimum buffer of 25 feet is recommended,although a wider buffer
may be needed depending on site conditions. Show all buffer locations and widths on the mine
map(s).
25' undisturbed buffers will be maintained between mining activities
and the right-of-way as indicated on the map.
b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities
within the mining permit boundaries and any natural watercourses and wetlands unless smaller
undisturbed buffers can be justified. Depending on site conditions,a buffer wider than 50 feet may
be needed.
How wide an undisturbed buffer will be maintained between any land disturbing activities within the
mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer
locations and widths on the mine map(s)-
There will be a 25' undisturbed buffer between the land disturbing activities and the
wetlands. This is in response to the Notice of Violation, which states a minimum 25'
buffer between the land disturbed activities and the wetlands.
6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries
during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and
minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required,unless
technical justification can be provided to allow steeper slopes.
3:1 slopes will be maintained to prevent landslides or slope instability.
-8-

f �♦
APPLICATION FOR A MINI PERMIT
b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden
disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofany benches
and/or slope drains (with supporting design information) if needed, and the method of final
stabilization.
No fill slopes will be constructed in the mine area.
c. In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including
specifications for benching and sloping. Cross-sections f r all cut slopes must be provided on the
mine map(s).
The maximum cut slope angle will be 3:1 with a 10' bench every 10 vertical feet.
d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross-sections
of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and
mine benches, and the expected maximum depth of the excavation.
No hardrock excavation is anticipated.
7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling
house, public road, public, commercial or industrial building from any mine excavation. Locate all such
structures on the mine map if they are within 300 feet of any proposed excavation.
Excavation will involve no blasting, maximum slopes will be maintained at 3:1.
8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area
and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder
barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each
type of barricade to be used must be indicated on the mine map(s).
No high wall areas are planned for this mine. Access to the mine will be blocked by a locked
cable across entrance road.
-9-

I J
T �
APPLICATION FOR A MINI PERMIT
•
9. ,Are acid producing minerals or soils present? Yes ❑ No ®,
If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled?
n/a
10. a. Describe specific plans(including a schedule of implementation) for screening the operation from
public view such as maintaining or planting trees,bushes or other vegetation,building berms or other
measures. Show the location of all visual screening on the mine maps) and provide cross-sections
through all proposed berms or proposed spacing, sizes and species for tree plantings.
25' and 50' natural wooded buffer will be maintained, which will also serve
as a visual screening.
b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park,
forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated?
Noise will be buffered by the trees.
11. WilI explosives be used? Yes ❑ No ®.
if yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical
hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations.
Depending on the mine's location to nearby structures, more detailed technical information may be
required on the blasting program(such as a third-party blasting study). Locate the nearest offsite occupied
structures) to the proposed excavation(s) on the mine map and indicate its approximate distance to the
proposed excavation.
n/a
12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes ❑ No ®.
Ifyes, describe these materials, how they will be stored and method ofeontainment in case ofspill. Indicate
the location(s) of all storage facilities on the mine map(s).
n/a

i
APPLICATION FOR A MINI PERMIT •
D. RECLAMATION PLAN
1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate
the sequence and general methods to be used in reclaiming this land. This must include the method of
reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment
of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This
information must be illustrated on a reclamation map and must correspond directly with the information
provided on the mine map(s). In addition, design information, including typical cross-sections, of any
permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent
channels must be indicated on the reclamation map.
Most of the excavated area will be reclaimed as a stocked pond. All land above the
pond surface will be stabilized with permanent vegetation.
2. is an excavated or impounded body of water to be left as a part of the reclamation? Yes ® 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 water depth must beat least 4 feet,
measured from the normal low water table elevation,unless information is provided to indicate that a more
shallow water body will be productive and beneficial at this site.
Will the booy(s) of water be stocked with fish? Yes ® No ❑.
If yes, specify species.
Brim & Catfish
3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock
including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate
fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent
barricades must be shown on the reclamation map.
No excavation in rock are anticipated.
- 11 -

APPLICATION FOR A MINIM PERMIT
4. Indicate the method(s)of reclamation of overburden,refuse,spoil banks or other such on-site mine waste
areas, including specifications for benching and sloping. Final cross-sections and locations far such
areas must be provided on the reclamation map.
Waste material will be stockpiled. Once mining operation is complete, the waste
material will be graded for positive drainage towards the pond with slopes less than
3:1, and then seeded with permanent vegetation.
5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways.
The haul road will be stabilized with marl and left in place after completion of
mining activities as an access road to the pond.
b. Will any on-site roadways be left as part of the reclamation? Yes ® No ❑.
Ifyes, identify such roadways on the reclamation map and provide details on permanent road and ditch
line stabilization.
6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or
other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.)
No off-site generated waste shall be disposed of on the mine site without 0$i r written approval
from the NC Department of Environment and Natural Resources,Land Quality Section and either
the Division of Waste Management(DWM)or local governing body. If a disposal permtt�ias been
issued by DWM for the site, a copy of said permit must be attached to this application. All
temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and
reclamation map, along with a list ofitems to be disposed in said areas.
No scrap metal or junk machinery will be stored on site.
- 12-

7. Describe your plan for revegetzWon or other surface treatment of the affected areas. This plats must
include recommendations for and seedin including the time of seeding and the amount and type
of seeds fertilizer, lime and mulch per acre. The recommendations must include general seeding
instructions for both permanent and temporary reve$etation. Revegetation utilizing only tree plantings is
not acceptable. Reconunendations can be sought from:
EL Authorized representatives of the local Soil and Water Conservation District;
b. Authorized representatives of the Division of Forest Resources, Department of Environment and
Natural Resources;
c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists
and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at
North Carolina State University;
d. North Carolina licensed landscape architects;
e. Private consulting foresters referred by the Division of Forest Resources, Department of
Environment and Natural Resources;
f. N.C.Erosion and Sedimentation Control Planning and Design Manual;
gg N.C. Surface Mining Manual: A Guide for Permitting,Operation and Reclamation;
h. Others as may be approved by the Department.
LIME-RATE OF APPLICATION(tons/acre): Based upon a soil test, or in the absence of a soil
test,apply up to 1 ton of dolomitic(limestone per acre to moderately disturbed soil (less than 6"
removed)and up to 2 tons of dolomitic lime per acre if more than 6".
FERTILIZER-ANALYSIS AND RATE OF APPLICATION(poundstacre):Based on a soil test,or
apply 40-60 Ibs of N per acre of planting and 40-60 lbs of during growing season.
SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING
SCHEDULE(pounds/acre): (NOTE.Include Legumes)
Seed Tunes-, Seeding Dates: Scecling Rata
Bahia Grass April-September 25 Ibs/acre
Bermuda Grass April-September 25 Ibs/acre
Carpet Grass April-September 25 ibs/acre
Annuai Ryegrass April-September 25 lbs.ecre
Annual Ryegrass October-March 50 Ibs/acre
MULCH-TYPE AND RATE OF APPLICATION(po-ands/acre)AND METHOD OF ANCHORING:
The uniform application of 1 % -2 tons of straw per acre should provide75% cover. Cover in
Excess of 75 fl could reduce proper plant growth after seed germination.
OTHER VEGETATIVE COVERS—TYPE(S)AND RATE(S)OF APPLICATION INCLUDING
SEEDING SCHEDULE(pounds/acre,trees/acre,spacing of trees/shrubs, etc):
Revegetation d/o fo7 ti Ian approved by:
Signature Date
Print Name macs�-"�,
Title r•." S -c ."V--
Agency _ e' -
-13-

APPLICATION FOR A MINI PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range
of$500 to $5,000 per affected acre)for each permitted mine site based upon the acreage approved by the
Department to be afJectedduring the life ofthe miningpermit. Please insert the approximate acreage,for each
aspect o the minini o eration that you intend to a ect durin the li e o this minin permit in addition lease
insert the a ro riate reclamation cost/acre or each cate or om the Schedule of Reclamation Costs
provided with this a lication orm OR you can de er to the DepErtment to calculate your bond for you based
upon your maps and standard reclamation costs:
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE* COST
Tailings/Sediment Ponds: Ac. X $ /Ac. _ $
(included in mine excavation area)
Stockpiles: Ac. X $ /Ac. _ $
(included in mine excavation area)
Wastepiles: Ac. X $ /Ac. — $
(included in mine excavation area)
Processing Area/Haul Roads: 0.56 Ac. X $ _1,800 /Ac. _ $ 1,008
(outside of mine excavation area)
Mine Excavation: 13.7 Ac. X $ 500 /Ac. — $ 6,850
Other: Ac. X $ /Ac. _ $
TOTAL AFFECTED AC.: 14.26 Ac.
(TOTAL PERMITTED AC.: 18.6 Ac.)
TemporM & Permanent Sedimentation &Erosion Control Measures:
Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into
proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will
e needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands.
a) Internal Drainage 14.26 Ac.
b) Positive Drainage Ac. X $1,500.00 = $
SUBTOTAL COST: $ 7,858
Inflation Factor:
0.02 X SUBTOTAL COST: $ 157.16 X Permit Life (1 to 10 years): 10
INFLATION COST: $ 1,572
TOTAL COST = SUBTOTAL COST + INFLATION COST = $ _9,430
Total Reclamation Bond Cost: $ 9A00
(round down to the nearest $100.00)
- 14-

APPLICATION FOR A MINI PERMIT
F. NOTIFICATION OF ADJOINING LANDOWNERS
The "Notice" form,or a facsimile thereof,attached to this application must be sent certified or registered mail,
return receipt requested, to:
(1) the chief administrative officer of each county and municipality in which any part of the permitted
area is located as indicated on the mine map(s);
(2) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor
of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are
within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and
(3) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,
or other watercourse,railroad track,or utility or other public right-of-way.If an adjoining tract is
owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of
tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary)as indicated on the mine map(s). "Highway"means a road that has four lanes of travel
or less and is not designated as an Interstate Highway.
The only exception to the above method of giving notice 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 lands 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.
THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS
AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA,AS
REQUIRED BY NCGS 74-50(b1).
SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF
NOTIFICATION"
- 15 -

NOTICE
Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that
Holmes Construction & Excavation,, LLC - has applied on
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for(check one):
❑ a new surface mining permit,
® a modification of an existing surface mining permit to add land to the permitted area; or
❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance
in the area proposed. Please note that future modification(s) may be submitted by the applicant to
allow disturbance within this area without re-notification of adjoining landowners.
The applicant proposes to mine sand, marl, rock _on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
west of Shallotte off/near road SR 1320/McMilly Road
(Direction) (Nearest Town) (Number/Name)
in Brunswick County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the
Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area 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 is 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 information regarding the
specifics of the pronosed mining activity. Wease contact the aqplicant at t e Followine telen one number:
10 7 5-65 5Elizabeth Nelson ro ect En weer . For information on the mining permit application
review process, please contact the Mining Program s at(919) 733-4574. Please note that the De artment
will consider an 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 apmlication.
SEE: ATMD li3 FcR�tAS Holmes Construction &Excavation, LLC
H.L. Holmes, Managing Member _
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) & Company Name, if Applicable)
February 17, 2009 P.O. 1216, Shallotte NC 28459
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
- 16-

NOTICE
Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that
Holmes Construction&Excavation LLC has applied on ! 007
(Applicant Name) (Date)
to the Land Quality Section,Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for(check one):
❑ a new surface mining permit,
® a modification of an existing surface mining permit to add land to the permitted area; or
❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance
in the area proposed. Please note that future modification(s) may be submitted by the applicant to
allow disturbance within this area without re-notification of adjoining landowners.
The applicant proposes to mine sand marl rock on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
west of Shallotte off/near road SR 1320/McMilly Road
(Direction) (Nearest Town) (Number/Name)
in Brunswick County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the
Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary; if an adj oinin$tract is owned or leased by the a plicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts must be notirleed(that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area 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 is 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 information regarding the
s ecifics of the Dronosed mining activitv. ulease contact the selalicant at the o owin tee one number:
9 5- izabeth Nelson, ro ect n ineer . or information on the mining permit application
review process,please contact the Mining Projgram staff at(919) 733-4574. Please note that the Department
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.
Brunswick Timber, LLC
15 Piedmont Center, Suite 1250 Holmes Construction&Excavation, LLC
Atlanta,GA 30305 H.L. Holmes, Managing Member
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) & Company Name, if Applicable)
�February_17,2009 P.O. 1216 Shallotte NC 28459
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
- t6-

L
NOTICE
Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that
_ Holmes Construction& Excavation,-LLC has applied on Fw .aa6
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one):
❑ a new surface mining permit,
N a modification of an existing surface mining permit to add land to the permitted area; or
❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance
in the area proposed. Please note that future modifications) may be submitted by the applicant to
allow disturbance within this area without re-notification of adjoining landowners.
The applicant proposes to mine _ _sand, marl,,rock _ - on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
West of Shallotte off/near road SR 1320/McMiliy Road
(Direction) (Nearest Town) (Number/Name)
in Brunswick County.
*SEE ATTACHED MAP FOR PROPOSED PERNUT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the
Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area 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 is 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 information regarding the
s ecifics of the proDosed mining activity. please contact the aqvlicant at the following tele one number:.
9 755-6525 lizabethNelson,Pro ect Englacer orinformation on the mining permit app ication
review process, please contact the Mining Program staff at(919) 733-4574. Please note that the Department
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,
JE& LE Stanley Holmes Construction &Excavation, LLC
565I Main Street Shallotte NC 28459 H.L. Holmes Managing Member
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) & Company Name, if Applicable)
February 17, 2009 P.O. 1206,Shallotte NC 28459
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
16.

NOTICE
Pursuant to provisions G.S. 74-50(b1)of The Mining Act of 1971,Notice is hereby given that
1
Holmes Construction &Excavation LLC has applied on
(Applicant Name) (Date
to the Land Quality Section, Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612, for(check one);
❑ a new surface mining permit,
® a modification of an existing surface mining permit to add land to the permitted area; or
❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance
in the area proposed. Please note that future modification(s) may be submitted by the applicant to
allow disturbance within this area without re-notification of adjoining landowners.
The applicant proposes to mine sand, marl, rock on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
West of Shallotte offlnear road SR 1320/McMilly Road
(Direction) (Nearest Town) (Number/Name)
in Brunswick County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the
Department,to notify all owners or record,both public and private,of all tracts of land that are adjoining the mining
permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area 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 De
partznent 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 is 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 information reffardinL7the
s ecifics of the DroDosed mining activitv. vleage.contact the aqplicant at the following te en one number:
755-6525 MlizabethNelson, roied Engineer) or information on the mining permit application
review process,please contact the Mining Program staff at(919) 733-4574. Please note that the Department
will consider anv relevant written comments/documentation within the vrovisions of the Minine Act of 1971
throughout the application review process until a final decision is made on the application,
Mary Lee Hill Holmes Construction &Excavation, LLC
P.O. Box 91, Shallotte, NC 28459 H.L. Holmes,Managing Member
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) & Company Name, if Applicable)
February 17, 2009 P.O. 1216 Shallotte NC 28459
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
- 16-

�4
NOTICE
Pursuant to provisions G.S. 74-54(bl)of The Mining Act of 1971,Notice is hereby given that
Holmes Construction &Excavation. LLC has applied on. ay
(Applicant Name) J(Date)
to the Land Quality Section,Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612, for(check one):
❑ a new surface mining permit,
® a modification of an existing surface mining permit to add land to the permitted area; or
❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance
in the area proposed. Please note that future modification(s) may be submitted by the applicant to
allow disturbance within this area without re-notification of adjoining landowners.
The applicant proposes to mine sand, marl, rock_ on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
West of Shallotte off/near road SR 1320/McMilly Road_
(Direction) (Nearest Town) (Number/Name)
in Brunswick County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the
Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit
boundary): in addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area 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 De.partment 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 is 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 information regarding the
specifics of the proposed minine activitv. please contact the aRplicant at the following telephone number:
9 0 5 - (Elizabeth Nelson, Project n sneer or information on the mining permit application
review process,please contact the Mining Program staff at(919) 733-4574. Please note that the Department
will cons ider_MX relevant written comments/documentation within the provisions of the Mining Act of 1971
throughout the application review processuntil a_ final decision is made on the application.
Henry Hill Holmes Construction &Excavation, LLC
P.O. Box 1092 Shallotte NC 28459 H.L. Holmes Managinia Member
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) & Company Name, if Applicable)
February 17, 2009 P.O. 1216, Shallotte NC 28459
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
- 16-

NOTICE
Pursuant to provisions G.S. 74-50(b1)of The Mining Act of 1971,Notice is hereby given that
Holmes Construction &Excavation, LLC has applied on F l
(Applicant Name) ate)
to the Land Quality Section, Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612, for(check one):
❑ a new surface mining permit,
® a modification of an existing surface mining permit to add land to the permitted area; or
❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance
in the area proposed. Please note that future modification(s) may be submitted by the applicant to
allow disturbance within this area without re-notification of adjoining landowners.
The applicant proposes to mine sand, marl, rock on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
west of Shallotte off/near road SR 1320/MeMilly Road
(Direction) (Nearest Town) (Number/Name)
in Brunswick County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort, satisfactory to the
Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts must be notitlled(that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area 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 is 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 information regarding the
specifics of the proposed mining activity. please contact the aeolicant at the following te ev one number:
755-6525 alizabethNelson, Project ng neer or information on the mining permit app ication
review process, please contact the Mining Program staff at(919) 733-4574. Please note that the Department
will consider ggy 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 a application.
Ronnie Davie Blue Holmes Construction&Excavation,LLC
P.O. Box 1621_, Shallotte NC 28459 __ H.L. Holmes. Managing Member
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) & Company Name, if Applicable)
February 17. 2009 P.O. 1216 Shallotte NC 28459
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
- 16-

0
NOTICE
Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971,Notice is hereby given that
Holmes Construction&Excavation, LLC has applied on
(Applicant Name) Date
to the Land Quality Section, Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one):
❑ a new surface mining permit,
® a modification of an existing surface mining permit to add land to the permitted area; or
❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance
in the area proposed. Please note that future modification(s) may be submitted by the applicant to
allow disturbance within this area without re-notification of adjoining landowners.
The applicant proposes to mine sand, marl, rock_ _ on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
west of Shallotte off/near road SR 1320/McMilly Road
(Direction) (Nearest Town) (Number/Name)
in Brunswick County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the
Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary;if an adjoinin.4 tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area 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 is 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 information regarding the
s ecifics of the Provosed mining activity. glease contact the aDlDlicant at the following telephone number:
755-6525 fElizabethNelson, Pro ect Engineer or information on t mining permit application
review process,please contact the Mining Program at(919) 733-4574. Please note that the Department
will consider anv relevant written comments/documentation within the rovisions of the Mining Act of 1971
throughout the application review process until a final,decision rs made on the_UR_ication.
Olivia Ann Smith Holmes Construction &Excavation,LLC
1387 Horseshoe Drive, Mullins, SC 29574 _ H.L. Holmes, Managing Member
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) & Company Name, if Applicable)
February 17. 2009 P.O. 1216, Shallotte NC 28459
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
lb

S
NOTICE
Pursuant to provisions G.S. 74-50(bI) of The Mining Act of 1971,Notice is hereby given that
Holmes Construction &Excavation, LLC - has applied on
(Applicant Name) ate
to the Land Quality Section,Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612, for(check one):
❑ a new surface mining permit,
® a modification of an existing surface mining permit to add land to the permitted area; or
❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance
in the area proposed. Please note that future modification(s) may be submitted by the applicant to
allow disturbance within this area without re-notification of adjoining landowners.
The applicant proposes to mine sand marl rock on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
west of Shallotte off/near road SR 1320/McMilIX Road
(Direction) (Nearest Town) (Number/Name)
in Brunswick County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the
Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area 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 fi ling 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 is 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 information regarding the
s ecifics of the DroRosed mining activitv. please contact the a licant at the of owia te eD one number:
7 - (Elizabeth a son Project n sneer or information on the mining permit application
review process,please contact the Mining Program st at(919) 733-4574. Please note that the Department
will consider anv relevant written comments/documentation within the Rrovisions of the Minim Act of 1971
throughout the application review process until a final decision is made on ,h the application.
Steve Grissett Holmes Construction& Excavation, LLC
P.O. Box 2425, Shallotte, NC 28459 H.L. Holmes Managing Member
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) & Company Name, if Applicable)
February 17, 2009 P.O. 1216 Shallotte NC 28459
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
- l6-

NOTICE
Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971,Notice is hereby given that
Holmes Construction &Excavation LLC has applied on Ve u.
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612, for(check one):
❑ a new surface mining permit,
® a modification of an existing surface mining permit to add land to the permitted area; or
❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance
in the area proposed. Please note that future modification(s) may be submitted by the applicant to
allow disturbance within this area without re-notification of adjoining landowners.
The applicant proposes to mine sand marl rock on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
West of Shallotte off/near road SR 1320/McMilly Road
(Direction) (Nearest Town) (Number/Name)
in Brunswick County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort, satisfactory to the
Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area 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 apermit,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 is 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 information regarding the
s ecifics of the Proposed mining activi lease contact the a licant at the followine telephone- sum er:
75 - 5 (Elizabeth a son Pre ect Enitsneer or information on the mining permit app ication
review process,please contact the Mining Program staff at(919) 733-4574. Please mote that the Department
will consider anv relevant written comments/documentati_ n
o_n_within the provisions of the Mining Act of 1.971
throughout the awlication review r'ocess until a final decisios made on the avolication.
Ervin Milton& Judy Bethea Holmes Construction & Excavation, LLC
P.O. Box 2424, Shallotte,NC 28459 _. H.L. Holmes Managing Member
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) & Company Name, if Applicable)
February 17 2009 P.O. 1216, Shallotte NC 28459
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
- 16-

1
NOTICE
Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that
Holmes Construction & Excavation, LLC has applied on T uar I
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612, for(check one):
❑ a new surface mining permit,
® a modification of an existing surface mining permit to add land to the permitted area; or
❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance
in the area proposed. Please note that future modification(s) may be submitted by the applicant to
allow disturbance within this area without re-notification of adjoining landowners.
The applicant proposes to mine_ sand, marl, rock on 18.54 acres located 3
(Mineral, Ore)-" (Number) (Miles)
west of Shallotte off/near road SR 1320/McMilly Road
(Direction) (Nearest Town) (Number/Name)
in Brunswick County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74=50(bl), the mine operator is required to make a reasonable effort, satisfactory to the
Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary;if an adjoining tract is owned or leased by the a plicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts must be notif ed(that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area 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 De,partment 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 continent period specified above.
A copy of the permit application materials is 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 information regarding the
specifies of the proposed mining activity. nlease contact the aDulicant at the following tee one number:
755-6525 liza eth Nelson Project n ineer or information on a mining permit app ication
review process,please contact the Mining Program s at(919) 733-4574. Please note that the Department
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.
Marty K. Lawing, Brunswick County Manager Holmes Construction & Excavation, LLC
P.O. Box 249. Bolivia,NC 28422 H.L. Holmes Managing Member
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name and Address) &Company Name, if Applicable)
FebMM 17 2009 P.O. 1216, Shallotte NC 28459
(Date of Issuance of this Notice/ (Address of Applicant)
Mailed to Addressee/Owner of Record)
- 1S-

SITE
N/F ,
❑LIVIA ANN SMITH N/F
R❑NNIE DAVIE BLUE
N/F
MARY LEE HILL
VICINITY MAP
NOC 1n CCALS
N/F
H❑LMES MINE SITE HENRY RD HILL
N/F
BRUNSWICK TIMBER, LLC
N/F
r-ERVIN MILT❑N &
JUDY BETHEA
a
o ,
N/F
STEVE GRISSET Q
N/F
MARY LEE HILL
N/F -�
JE & LE STANLEY
SCALE: 1"=200'
0 100 200 400

APPLICATION FOR A MINI PERMIT
AFFIDAVIT OF NOTIFICATION
I, Elizabeth M.Nelson PE Bowman Design&Engineering Services PA an agent for the applicant,for a
new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area,from the N.C.
Department of Environment and Natural Resources, being first duly sworn,do hereby attest that the following are all
known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary
(including,where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts, that are within I,000 feet of the mining permit boundary) and
that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt
requested,to said owners of record at their addresses shown below, such notice being given on a form provided by
the Department:
(Adjoining Landowner Name) (Address)
SEE ATTACHED
(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
any part of the permitted area is located and that notice of the pending application has been caused to be mailed,by
certified or registered mail, return receipt requested,to said office at the following address:
(Chief Administrative Officer Name) (Address)
[i.e.: City Manager, County Manager, Mayor, etc.]
Marty K.Lawing,Brunswick County Manager P.O. Box 249 Bolivia NC 28422
The above attestation was made by me while under oath to provide proof satisfactory to the Department that a
reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land
that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the
applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts:that are
within 1,000 feet of the mining permit boundary)and the chief administrative officer of the county or municipality in
which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl)and 15A NCAC 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 Department upon request.
ignature of Agent Da e
If person executing Affidavit is an agent or employee of an applicant,provide he followiAF TARY PUBLIC
Kaman:
Name of applicant: Holmes Construction & Excavation, LLC - BRUNSWiCK COUNTY NC
Title of person executing Affidavit Elizabeth M Nelson, Agent__ _ _ ray Commission Expires 11.14-2010
I, Vicki Meyers a Notary Public of the County of Brunswick County
State of North Carolina, do hereby certify that Elizabeth M. Nelson.
appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her.
WitnessUmhand an otarial seal,this 17 day of Febru 2009Notary: - my Commission expires: "! -ZO 1/0
- 17-

�41.
ATTACHMENT FOR AFFIDAVIT OF NOTIFICATION
(Adjoining Landowner Narne) (Address)
Brunswick Timber, LLC 15 Piedmont Center Suite 1250 Atlanta GA 30305
JE & LA Stanley 5651 Main Street, Shallotte,NC 28459
Mary Lee Hill P.O. Box 91, Shallotte,NC 28459
Henry Hill P.O. Box 1092, Shallotte,NC 28459
Ronnie Davie Blue P.O. Box 1621, Shallotte, NC 28459
Olivia Ann Smith 1387 Horseshoe Drive, Mullins, SC 29574
Steve Grissett P.O. Box 2425, Shallotte, NC 28459 _
Ervin Milton & Judy Bethea _ P.O. Box 2424, Shallotte,NC 28459
-17A-

APPLICATION FOR A MINI PERMIT •
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands
or operation during regular business hours for the purpose of making necessary field inspections or investigations as
may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56.
We further grant to the Department or its appointed representatives the right to make whatever entries on the
land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry
out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S.
74-59.
LANDOWNE APPLICANT:
• ----�
Signature: Signature:*
Print Name: Hubert L. Holmes Print Name: Hubert L. Holmes
Managing Memeber
Company Holmes Construction &Excavation ,LLC Title: Manning-Member
(If applicable)
Address: P.O. Box 1216 Company: Holmes Construction & Excavation, LLC
Shallotte, NC 28459 Mine Name: Holmes Mine
Telephone: (910 ) 754-3400 Telephone: (910 ) 754-3400
Date Signed: February 17, 2009 _ Date Signed: February 17,2009
*Signature must be the same as the individual who signed Page 1 of this application.
One original and five(5)„copies of the completed application six 6 copies of all location maps, mine ma Rs
and reclamation maps,and the appropriate rocessin ee(see next page for fee schedule)in the form a check
or money order payable to the North Carolina Department of Environment and Natural Resources must be
sent to the Land Quality Section Central Office at the address listed on the front cover of this application
form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at
[phone].
- ls-

APPLICATION FOR A MININ*RMIT .
MINING FEE SCHEDULE
A nonrefundable permit application processing fee when filing for a new mining permit,a major permit modification or a renewal permit is
required as follows:
0-25 acres 26+acres
New Permit Applications $3,750.00 $5,000.00
Permit Modifications $750.00 $1,000.00
Permit Renewals $750.00 $1,000.00
Transfers/Minor Modifications* $100.00 $100.00
" A nonrefundable 5100.00 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 minor permit modification also includes lands added to a permitted area,
outside of the minimum permit buffer cone requirements,where no plans for mining related disturbance of the added lands have been approved. All other changes are
considered major permit 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 laud that is to be disturbed and added to an existing permitted area,or both.
- 19-

APPLICATION FOR A MININ(ORMIT
SCHEDULE OF RECLAMATION COSTS
Based upon ranste of$500 - $5,000 per affected acre
COMMODITY CODES: SG= Sand and/or Gravel,GS=Gemstone,Borrow=Borrow/fill dirt,CS=Crushed Stone,
DS=Dimension Stone, FS=Feldspar, MI = Mica, LI = Lithium, PF=Pyrophyllite, OL =Olivine,
KY=Kyanite/S ill imanite/Andalusite,PH=Phosphate,CL=Clay/Shale,PE=Peat,AU=Gold,TI=Titanium,and OT
= Other
Type _ T/S_Ponds S.niles Wiles P.area/H.R. _ Mine Ezcay.
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 1000(L) 2500 5000 5000 2000(L)
2500(FI) 5000(PD)
CL 1000(L) 2500 5000 5000 2000(L)
2500(FI) 3700(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 & 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 WITHIN 30 DAYS TO
THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh,
North Carolina 27699-1612
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.
-22-

0
1, Hubert L. Holmes, Managing Member of Aqua Fresh Farms, LLC, request that the
following mine be transferred into the name of Holmes Construction & Excavation, LLC,
of which i am a managing member. Holmes Construction & Excavation, LLC accepts
any and all responsibilities and liabilities with respect to the Mining Act of 1971. In
addition, I request a ten year extension for the existing permitted 7.59 acres and a
modification to the permit to add an additional 11.0 acres. These activities will not
encroach into any areas that will invoke any of the 7 denial criteria listed under G.S. 74-
51 of the Act.
Current Mine Name: Aqua Fresh Farms, LLC Mine
Current Mine Permit#: 10-53
Permit Acreage: 7.59 acres
Mine Location: 777 McMilly Road, Shallotte NC 28459
Proposed Mine Name: Holmes Mine
Proposed Mine Permittee: Holmes Construction& Excavation, LLC
L
r ,
Hubert L. Holmes
Managing Member, Aqua.Fresh Farms, LLC
Managing Member, Holmes Construction& Excavation, LLC
o j �/a9
Date
RL'CE1W-D
FEB 19 Zoo
LAND RUA41TY SECTION

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Re: AquaFresh Mime
Subject: Re: AquaFresh Mine
From: Judy Wehner<Judy.Wehner@ncmai 1.net>
Date: Fri, 13 Feb 2009 16:09:21 -0500
To: Elizabeth Nelson <[e-mail]>, Judy Wehner <Judy.Wehnerct ncmail.net>
All three actions require three fees. I talked to Floyd. He's willing to continue
with the modification but says, since its going through a corporate name change and
renewal, we will need fees for those. Send in $850.00 for the corporate name change
and renewal.
Elizabeth Nelson wrote:
Yeah, I thought you might not be able to. When you get back to me after
verifying with him, if they have to pay again, is it $750 for permit
modification? + $100 for transfer from one company name to another? + is
there any fee for the extension to the existing - or is that technically
automatically renewed thru the modification?
------Ori.ginal. Message-----
From: Judy Wehner [mailto:[e-mail]] Sent: Friday, February 13, 2009
3:45 PM
To: Elizabeth Nelson
Subject: Re: AquaFresh Mine
I'll ask Floyd on Monday but I really think that will be a stretch.
Elizabeth Nelson wrote:
The previous fees that they have submitted, will any of them be able to be
applied to this request since it is the same plans?
-----Original Message-----
From: Judy Wehner [mailto:Jud [e-mail]] Sent: Friday, February 13,
2009 1:27 PM
To: Elizabeth Nelson
Subject: Re: AquaFresh Mine
They will have to write a letter explaining they want to transfer from one
company to another. The bond will have to be changed to the new company. It
sounds like they will be doing a modification, renewal and transfer.
Elizabeth Nelson wrote:
Judy:
With this latest application, the Holmes will be retaining their existing
mine, along with applying for the expansion. They are going to change
the
Imine into another one of their company names - from Aqua Fresh Farms, LLC
to
Holmes Construction & Excavation, LLC. I thought it appropriate to
i of 2 2/13/2009 4:10 PM

Re: Aquaf resh Mine
change
the mine name also to Holmes Mine. On the application, I assume I just
put
the new name? Also, still have the required correspondence from existing
mine owner and proposed mine owner, even though it is the same member
managers?
Thanks,
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 of 2 2/13/2009 4:10 PM

•
North Carolina Department of Cultural Resources
State Historic Prese ion Office
Deter B.Sandbeck Adtni, ator
Michael F.Easley,Governor office of Archives and History
1_islreth C.Evans,Secretary Division of Historical Resources
JvffreyJ.Crow,Deputy Secretary David Bruok,Director
February 22, 2008
6'
r
MEMORANDUM PGq�i �DDD Q
TO: Floyd Williams sFC�
Land Quality Section �0
Division of Land Resources, DENR y
FROM: Peter Sandbe -
SUBJECT: Application for Mining Permit, L. M. McLamb & Son, Aqua Fresh Farm, LLC,
Brunswick County, ER 08-0085
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 listing 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.
While we note that this project review is only for a state permit, the potential for federal pert-nits may require
further consultation with us and compliance with Section 106 of the National Historic Preservation Act.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579.
location:109 Bast Jones Strect,Raleigh N(,27601 Mailing Address:4617 Mail Service Center,Ralcigh NC 27699-4617 'telephone/Psm(919)807-6570/807-0599

RECEIVED
FEB 21
LAND QUALITY SECTION
MINING PERMIT APPLICATION REVIEW FORM
for the
DIVISION OF WATER QUALITY
Project/Number: County: &&4�
"Due Oate for Comments Back to Land Quality Section:--A5AP
Will the operation, as proposed, violate standards_of water qualitys'
Comments:
Ala 0 15r►dt"e,,- t/4 iN L"AT&-1"" rT
Watershed/Stream Name & Classification. 14T t� ',yokv c1 ���(/.SZSr 2-
H'cj eJ
YES NO
NPDES permit required ✓
NPDES permit existing (Permit:*____) ✓
Nondischarge permit required
Nondischarge permit existing (Permit_}
Wetlands disturbed
401 Wetland Cert. required
401 Wetland Cert. existing ermit )
(� � 13-r. Y
Reviewed by: J Date: � ` �'"'" or
Print Name: i
4912Ca5 �����/•�V� 1 Cantral Office Reviewer:
K F B 1 OS ` '

4o C6.�t
T APPLICATION REVIEW FORM
for the
ISION OF AIR QUALITY
}
j;k6&JtdtJXJr
Project/Number County:
—Due Date for Comments Back ttLand Quality Section: ASS A'
Will the operation, as proposed, violate stancarcjs of air quality?
Comments:
Wo
S o 14'i-: rr re-$� tsA°:
YES NO, /
Air permit requires! +�
Air permit existing (Permit
Other Comments:
Reviewed by: Date: 2—
Print Name:_. r �!
09/2005 Contra!Office Reviewer:

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
so Post Office Sox 33726
4 Raleigh, North Carolina 27636-3726
February 11, 2008
RECEIVED
Mr. D. Simmons
Director and State Geologist FEB 16 200B
NCDENR-Division of Land Resources
1612 Mail Service Center UAIQ QUALITY
Raleigh,North Carolina 27699-1612 MWING PROGRAM
Attn: Brenda M. Harris
Dear Mr. Simmons:
The U.S. Fish and Wildlife Service has reviewed the projects advertised in the following mining
applications. Due to staff and funding constraints, we are unable to adequately address the
subject proposals at this time. Therefore, we are taking no action on the following mining permit
applications.
APPLICANT COUNTY NOTICE DATE DUE DATE
G S Materials Harnett 01-09-08 02-01-08
L M McLamb & Son Brunswick 01-08-08 02-01-08
We appreciate the opportunity to provide comments on the subject proposals. Should you have
any questions regarding these comments, please contact Mr. Mark D. Bowers at [phone],
extension 19, or at the above address.
ncer y,
Pete Be ' in,
Field Supervisor
cc: NMFS, Beaufort, NC
EPA, Atlanta, GA
WRC, Raleigh,NC

Woo
A'4ioLA. -/5k-667,1j
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 January 8, 2008 William G. Ross Jr., Secretary
MEMORANDUM
T0: Mr. Peter M. Benjamin
Application Review Coordinator
U.S. Fish and Wildlife Service
FROM: Brenda M. Harris
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for L M McLamb & Son
Aqua Fresh Farm, LLC
Brunswick County
Please find attached for your review a copy of the mining application request for the
above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please
respond by February 1, 2008 so that we may complete our review of this request within
our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on wildlife and
freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site
inspection, it is recommended that they contact the person submitting this request to set
up a convenient date and time. Also, please send a copy of your comments to the person
noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND
MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
/bmh
cc: Mr. Dan Sams 'JAN 1. MOB
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina,27604

LAND JWALITY SECTION REGION& OFFICE
ING APPLICATION REVIEW CHEMIST
lL
APPLICATION/PERMIT NO.: Icy-63 ACTION: New Modification enewa ansfer Release
vt, h4v--)LL41.-
APPLICANT NAME: �.�1►� ��- MINE NAME: COUNTY:
� rv4
Administrative Issues:
A. Is the site currently under NOV? Yes No' F-xplain:
B. Is the site under CAMA jurisdiction? Yes ` N Explain:'
Field Issues:
A. Are potential wetlands and watercourses properly indicated on the Mine Map? es No Explain:
B. Are the proposed buffer zones adequate? es No Explain:
C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated9,,Yes No
Explain:
D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? Yes No
Explain: A5 0 ge- �. ,' r
E. Is visual screening needed No Explain: ._ 7hc,,e, _gvo- fry dx. 1 ,2�w�Lz,
F. Are the proposed erosion and sedimentation control measures properly located to prevent offsite
sedimentation? ee No Explain:
G. Is the propose evegetationlreclamation plan acceptable? No Explain:
Date inspected:
LRECEIV]ED 20Erosion and Sedimentation Control Plan Review:It is the responsibility of the Regional Office staff to verify the adequacy of the E&S mepr+
any concerns or comments:
Other Copmments:
Who was the application routed to and when?:
Division of Air Quality: Date: l
Division of Water Quality (Water Quality Section only): Date:
Other: Date:
Inspector/Reviewer's Name: Date: A 7- Ce
Regional Engineer's Name: Date:
Rev Dec 2006

02/10/2000 23:46 910350201B NCDENR PAGE 01
k Q° LAND 04LITY SECTION REGIONAAFFICE
MINING APPLICATION REVIEW CHECKLIST
APPt_iCATIONIPERMIT NO.: 10~63 ACTION: New =Modificationenewa Transfer Release
APPLICANT NAME: MINE NAME: COUNTY:
Administrative Issues., post-It"Fax Note 7671 t�oa�_rl poyec►
A. Is the site currently under NOV? Yes :No) Explain � L� &_ Fromri a �
B. Is the site under CAMA jurisdiction? Yes Exi pr, a* C phoL,
�7 -
Field Issues:
A. Are potential wetlands and watercourses properly it
B. Are the proposed buffer zones adequate? Yes No Explain:
C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicatedrYes No
Explain:
D. Do all water supply wells within 500 feet of the mine excavation appear tc. be indicated? Yes No
Explain: IS110VIL.� ,AA't'c_LA _.
E. Is visual screening needed No Explain: `Tharp, �.�� f
F, Are the proposed. rosion and sedimentation control measures properly located to prevent offslte
sedimentation? a No Explain: _
G, Is the propose vegetationlreclamation plan acceptable? No Explain:
Date inspected: i- 7- 01
Erosion_ and Sedimentation Control Plan Review:
It is the responsibility of the Regional Office staff to verify the adequacy of the E&S measures. Please provide
any concems or comments:
Other Comments:
�f
Who was the application routed to and when?:
Division of Air Quality: Date:
Division of Water Quality (Water Quality Section only): Date: -
Other: Date:
Inspector/Reviewer's Name: ao4z. o . t e'l, , Date: 7-09,
Regional Engineer's Name: ,fir. � �ra -c _ Date:
Rev Doc 2006

' S
A
9== �
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Michael F.Easley,Governor William G.Ross Jr.,Secretary
January 17,2008 John Morris, Director
MEMORANDUM
TO: Brenda M. Harris RECEIVED
Land Quality Section
FROM: John Barr JA� 7 200$
Ground Water Management Section
Division of Water Resources I PR�'�
MINING PROGRAM
SUBJECT: Comments on the Mining Permit Modification Request for:
L M McLamb & Son
Aqua Fresh Farm, LLC
Brunswick County
Please find attached a copy of the mining permit modification request for the above referenced project.
The Aqua Fresh Farm located in Brunswick County does not appear to have an unduly adverse effect on ground
water supplies since there is no dewatering proposed on site. However, considering site location and maximum
depth of mine it may become necessary to begin pumping water to stabilize mining activities. If this occurs the
Division of Water Resources would like to be contacted so that it may further investigate any potential effects
on potable ground water supplies.
Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water
withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statue requires any
non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface
water to register withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of
surface water from one river basin to another river basin to register and update their water withdrawals and
surface water transfers every five years after initial registration.
If you have further questions please contact the Division of Water Resources at(919) 7334064 or send
correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611.
1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One
Phone: [phone] FAX: [phone] Internet: www.ncwater.org NO Carolina
An Equal[pppft*1 Atfimmlipm Action EmpWW-W%Rammed 110%Post consumer Pam Aaturallff

• & •
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 January 8, 2008 William G.Ross Jr.,Secretary
MEMORANDUM
TO: Mr. Nat Wilson RECEIVED
Hydrogeology Group
Division of Water Resources !JAN 17 2008
FROM: Brenda M. Harris LAND QUAEIN
Mining Program Secretary MINING PROGRAM
Land Quality Section
SUBJECT: Mining Permit Modification for L M McLamb & Son
Aqua Fresh Farm, LLC
Brunswick County
❑Mine Dewatering Proposed �X No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit modification
request for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on February 1, 2008 so that we may complete our review of
this request within our statutory time limits.
Any comments your agency can provide regarding potential effects on potable
groundwater supplies and groundwater quality will be appreciated. We would like to have
any recommendations you may provide for permit conditions, for reasonable protection of
groundwater quantity or quality.
If your staff wishes to perform a site.inspection, it is recommended that they contact
the person submitting this request to set up a convenient date and time. Also, please
send a copy of your comments to the person noted in the application.
PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
Ib m h VJ- Z@
Attachments
JAN 9 2008
cc: Mr. Dan Sams
&f=OF WATER RESOURCES
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 William G. Ross Jr., Secretary
February 4, 2008
Certified Mail
Return Receipt Requested
7099 3220 0009 7703 7333
Mr. Jimmy McLamb
L M McLamb and Son
800 McLamb Road
Calabash, North Carolina 28467
RE: Aqua Fresh Farm LLC Mine
Mining Permit No. 10-53
Brunswick County
Lumber River Basin
Dear Mr. McLamb:
We have reviewed the transfer and modification request your company submitted for
the referenced mine site. However, the following information is needed to continue processing
your application:
1. Provide proof, such as copies of the signed return receipts from certified mail,
that the new adjoining landowners and county manager have been properly
notified.
2. The Affidavit of Notification has not been notarized. Please properly complete
the enclose affidavit, including having it notarized and return it to this office:
3. Provide a letter from L M McLamb and Son requesting that Mining Permit No. 10-
53 be transferred from Kimberly F. Holmes to L M McLamb and Son.
4. Show the locations of all the occupied dwellings (trailers) along the southern
permit boundary.
5. The access road must be included in the permit boundary to its intersection with
the state maintained road. Please revise the mine map to reflect this and revise
the acreage for the access road to include this area.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX; 919-733-2876
512 North Salisbury Street,Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Certified Mail
Mr. McLamb
Page Two
Please be advised that our review cannot be completed until all of the items listed
above have been fully addressed. In addition, please note the Land Quality Section may
request additional information, not included in this letter, as the mining application review
progresses.
In order to complete the processing of your application, please forward two (2) copies of
the requested information to my attention at the following address:
Land Quality Section
Division of Land Resources
Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days
from the date of your receipt of this letter to submit all of the requested information. If you are
unable to meet this deadline and wish to request additional time, you must submit information,
in writing, to the Director clearly indicating why the deadline can not be met and request that
an extension of time be granted. If an extension of time is not granted, a decision will be made
to grant or deny the mining permit based upon the information currently in the Department's
files at the end of the 180-day period.
Though the preceding statement cites the maximum time limit for your response, we
encourage you to provide the additional information requested by this letter as soon as
possible. Your prompt response will help us to complete processing your application sooner.
Please contact me at [phone] if you have any questions.
Sincerely,
J)dtith A. Wehner
Assistant State Mining Specialist
Land Quality Section
cc: Mr. Dan Sams, PE

Log In #: n
DPR/RRS Mining Permit Application Review
RRS Contact: Rx3 _(C
Name of project: I6D Y�
County: f2 f
--
Proposed activity is y is not within 5 miles of a public park or recreation area.
If yes, identify the park: SHO LLOM 2Vw>2rS#yR
Manager/agency name: &&A'g141GI4
00- R' �";tNG
CEIV D
(contact name): 664D26o AF C r 1
2000
(phone; fax): l ito) 0��3 - .2(P7O
ALrry
(e-mail): 9 PA-i e( rwA_eco. �r
Review conducted by. Date: aA,
PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS.
YOU CAN ALSO E-MAIL YOUR COMMENTS TO:
Adrienne.McCoiz ncmail.net
THANKS!
RECEIVED
Return form and materials to: JAN 2 2 2008
Adrienne McCaig
DENRIDivision of Parks &Recreation LAND Cott TTY Parks�R@CtQBttOfl
1615 MSC MINING PROGRAM
Raleigh,NC 27699-1615 }A� $ 2� �
Admill-1)k OMIC8
(Please Print on COLOR Paper)

- MI-EM
NGDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.F. Michael F. Easley, Govemor
Director and State Geologist January 8, 2008 William G. Ross Jr., Secretary
MEMORANDUM
TO: Mr. Lewis Ledford, Director
Division of Parks and Recreation VOED
C�l
FROM: Brenda M. Harris Lr !
Mining Program Secretary
Land Quality Section J N 2 2008
QUAUTY
SUBJECT: Mining Permit Modification for L M McLamb & Son M PROGRAM
Aqua Fresh Farm, LLCM
Brunswick County
Please find attached for your review a copy of the mining application request for the
above referenced project.
Please review this information and advise as to the probability of this operation
having unduly February 1, 2008 so that we may complete our review of this request within
our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on publicly owned
parks, forests or recreation areas would be greatly appreciated. If your staff wishes to
perform a site inspection, it is recommended that they contact the person submitting this
request to set up a convenient date and time. Also, please send a copy of your comments
to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND
MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
Ibmh RECEIVED
Attachments JAN 2 2 2008
cc: Mr. Dan Sams LAND QUALITY
MINING PROGRAM
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 /FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina,27604

APPLICATION FOR A MAG PERNIIT 0
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING'PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine Aqua Fresh Fa M.LLC County _. Brunswick
River Basin Lumber Latitude (dd.mm.ss) 33.58.48 Longitude (dd.mm.ss)_- 78.25.24
2. Name of Applicant* L.-M. McLamb & on
3. Permanent address for receipt of official mail**
800 McLamb Road Calabash,North Carolina 28467 CPO Box 4126 Calabash NC 28467)
Telephone [phone] Alternate No. ( )
4. Mine Office Address 777 McMilly Road Shailotte,_NC
Telephone (q l0) 754-3400
5. Mine Manager Jimmy McLamb
We hereby certify that all details contained in this Permit Application are true and correct to the best of our
knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit
revocation.
***Signs Date I Io
.1 Z
Print Name v McLamb,President
Title Owner/Manager _-
* This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond sec that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** Signature of company officer required.
G.S.74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a
complete application or, if a public hearing is held, within 30 days following the.hearing and the filing of any
supplemental information required by the Department. All questions must be addressed and all required maps
provided before this application can be considered complete. Attach additional sheets as needed.
_ 1 _ Revised 2/2007

--....+............ ° - N;.a.•!?,: ,,,i�ww•��m =i- ..wr... .+" .eiJl ..r.:1^¢,..++T""'J ...r.:..bO.iiNa.i TM...w+r...r'
MINING CHECKLIST FOR ROUTING
Applicant's Name: LMAeA,b fi„S;N..j_ Project Name: �%..� jlem�
U
ApplicJPermit No.: /�3 County: a4,MaNJb Date Received: 03
Reviewer- J, River Basin Name: UT�/
0 New ❑Renewal ❑Modification (inside permit boundaries)
,'Modification (outside permit boundaries) �ransfer ❑Release
❑Partial Release TO Additional Information 0 Fee Needed: $
❑ Fee Received: $
✓Ylr RegiOnal Office (2 complete copies;a ch the IL- Regional
Office Mining Application Review Checklist"to one copy and attach �t�e DW d DAQ
"Mining Application Review Form"to the other copy; sand both.copies to t�67egiona 1=ngineer)
//
Date: Routed i r71 6 P Rec'd
�,, "D'Msion of Water Resources Date: Routed Reed
YNC Wildlife Resources Commission Date: Routed Reed
YU5 Fish &Wildlife 5eMce Date: Routed Reed
(Only new applications and modification requests that add land to the permit)
Division of Parks & Recreation Date: Routed i G � Rec'd
2(NC Geological Survey 5ection Date: Routed Reed
(Only new applications and modification requests that add land to the permit)
Division of Archives & History Date: Routed k`5�1Rec'd
(Only new applications) f�
\0-tither. F) Date: Routed Reed
"5u8ponee Date for Coniment5: s9l I 0 (no•later than 25 days
from receipt)
❑ Please note the following:
• (n �LW�1 ,�J

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 January 8, 2008 William G. Ross Jr., Secretary
MEMORANDUM
TO: Ms. Maria Dunn
Habitat Conservation Program Coordinator
Wildlife Resources Commission
FROM: Brenda M. Harris
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for L M McLamb & Son
Aqua Fresh Farm, LLC
Brunswick County
Please find attached for your review a copy of the mining permit modification
request for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please
respond by February 1, 2008 so that we may complete our review of this request within
our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on wildlife and
freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site
inspection, it is recommended that they contact the person submitting this request to set
up a convenient date and time. Also, please send a copy of your comments to the person
rioted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH
YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
Ibmh
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-73345741 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 January 8, 2008 William G. Ross Jr., Secretary
MEMORANDUM
TO: Mr. Nat Wilson
Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harris
a;�);b_
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for L M McLamb & Son
Aqua Fresh Farm, LLC
Brunswick County
[]Mine Dewatering Proposed © No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit modification
request for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on February 1, 2008 so that we may complete our review of
this request within our statutory time limits.
Any comments your agency can provide regarding potential effects on potable
groundwater supplies and groundwater quality will be appreciated. We would like to have
any recommendations you may provide for permit conditions, for reasonable protection of
groundwater quantity or quality.
If your staff wishes to perform a site inspection, it is recommended that they contact
the-person submitting this request to set up a convenient date and time. Also, please
send a copy of your comments to the person noted in the application.
PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
/bmh
Attachments
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, forth Carolina 27699-1612 - 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, Govemor
Director and State Geologist January 8, 2008 William G. Ross Jr., Secretary
MEMORANDUM
TO: Mr. Peter M. Benjamin
Application Review Coordinator
U.S. Fish and Wildlife Service
FROM: Brenda M. Harris
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for L M McLamb & Son
Aqua Fresh Farm, LLC
Brunswick County
Please find attached for your review a copy of the mining application request for the
above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please
respond by February 1, 2008 so that we may complete our review of this request within
our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on wildlife and
freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site
inspection, it is recommended that they contact the person submitting this request to set
up a convenient date and time. Also, please send a copy of your comments to the person
noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND
MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at (919) 7334574 if you have any questions.
Ibmh
cc: Mr. Dan Sams
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 January 8, 2008 William G. Ross Jr., Secretary
MEMORANDUM
TO: Mr. Lewis Ledford, Director
Division of Parks and Recreation
FROM: Brenda M. Harris
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for L M McLamb.& Son
Aqua Fresh Farm, LLC
Brunswick County
Please find attached for your review a copy of the mining application request for the
above referenced project.
Please review this information and advise as to the probability of this operation
having unduly February 9, 2008 so that we may complete our review of this request within
our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on publicly owned
parks, forests or recreation areas would be greatly appreciated. If your staff wishes to
perform a site inspection, it is recommended that they contact the person submitting this
request to set up a convenient date and time. Also, please send a copy of your comments
to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND
MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at [phone] if you have any questions.
/bmh
Attachments
cc: Mr. Dan Sams.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX: [phone]
512 North Salisbury Street,Raleigh, North Carolina,27604

Aw-i tA.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, F.G., P.E. January 8, 2008 Michael F. Easley, Govemor
Director and State Geologist William,G. Ross Jr., Secretary
MEMORANDUM
TO: Ms. Renee Gledhill-Earley
Application Review Coordinator
Archives & History
FROM: Brenda M. Harris 9;;�b
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for L M McLamb & Son
Aqua Fresh Farm, LLC
Brunswick County
Please find attached for your review a copy of the mining application request for the
above referenced project.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on significant
archeological resources and/or human skeletal remains would be greatly appreciated. If
your staff wishes to perform a site inspection, it is recommended that they contact the
person submitting this request to set up a convenient date and time. Also, please send a
copy of your comments to the person noted in the application.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy
Wehner at (919)-733-4574 if you have any questions.
/bmh
Attachments
cc: Mr. Dan Sams
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 January 8, 2008 William G. Ross Jr., Secretary
MEMORANDUM
TO: Mr. Mike Street
Habitat Protection Section
Division of Marine Fisheries
FROM: Brenda M. Harris 4t-w9b
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Modification for L M McLamb & Son
Aqua Fresh Farm, L.LC
Brunswick County
Please find attached for your review a copy of the mining permit application request
for the above referenced project.
Please review this information and advise as to the probability of this operation
having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please
respond by February 1, 2008 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 erasion and sediment control
measures to ensure that they are sufficient to restrain erosion and off-site sedimentation.
However, any comments your agency can provide regarding effects on wildlife and marine
fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is
recommended that they contact the person submitting this request to set up a convenient
date and time. Also, please send a copy of your comments to the person noted in the
application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms, Judy
Wehner at [phone] if you have any questions.
/bmh
cc: Mr. Dan Sams
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh,North Carolina, 27604
a

NCGS 'dine hermit Appilcation Raview Checksheet
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1

RECEMD
JAN 0 20,03
LAND QUALITY SECTION
NORTH CAROLINA
MINING PERMIT APPLICATION
State of North Carolina
Department of Environment
and Natural Resources
Division of Land Resources
Land Quality Section
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
[phone]
Revised: December 10,2007

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

f
MINING PERMIT APPLICATION REVIEW
PROCESS FLOWCHART
BEGINNING OF PROCESS
Application received by Land Quality Section/
State Mining Specialist Applicant issues
Public Notice
Application assigned to
Assistant State Mining Specialist
Assistant State Mining Specialist/Program Secretary
routes application for review and comment
- U.S. Fish & Wildlife Service and Quality Section Regional Office
- N. C. Geological Survey
- Wildlife Resources Commission 7
- Division of Water Resources -Division of Air Quality
- Division of Archives & History - Division of Water Quality
- Division of Parks & Recreation
= Others as appropriate
Review Public Comments;
All application review comments forwarded to : Public Hearing Possible
Assistant State Mining Specialist ••••••••..... ••••••••......••••••••'
Is application complete?
If"NO", Assistant State Mining
If"YES", Assistant State Mining Specialist drafts a letter requesting
Specialist drafts the proposed additional information from applicant
permit action
Additional information from
applicant received and routed
to/reviewed by Assistant State Mining
Specialist and Land Quality Section
Regional Office
(sYo to*)

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

' f
APPLICATION FOR A NUA PERMIT •
t
' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
f
1. Name of Mine Aqua Fresh Farm, LLC. County Brunswick _
River Basin Lumber Latitude (dd.mm.ss) 33.58.48 Longitude (dd.mm.ss) 78.25.24
2. Name of Applicant* L.M. McLamb & Son
3. Permanent address for receipt of official mail**
800 McLamb Road Calabash, North Carolina 28467 (PO Box 4128 Calabash,NC 28467)
Telephone [phone] Alternate No.
4. Mine Office Address 777 McMilly Road Shallotte, NC
Telephone [phone]
5. Mine Manager Jimmy McLamb
We hereby certify that all details contained in this Permit Application are true and correct to the best of our
knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit
revocation.
***Signa Date I A� �
Print Name ily McLamb President
Title Owner/Manager
* This will be the name that the mining permit will be issued to and the name that mug be indicated on the
reclamation bond (security that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** .Signature of company officer required.
G.S.74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a
complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any
supplemental information required by the Department. All questions must be addressed and all required maps
provided before this application can be considered complete. Attach additional sheets as needed.
- 1 - Revised 2/2007

f
APPLICATION FOR A MINA PERMIT
NOTE: All of the following questions must be thoroughly answered with regards to your miming operation
for the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine
map.
A. GENERAL CHARACTERISTICS OF THE MINE
1. Answer all of the following that apply:
❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the
permit (this is the acreage that "new permit" fee will be based upon):
Of this acreage, how much is owned and how much is leased? Acres owned:
Acres leased: Property owner if leased:
❑ If this is an application for RENEWAL of a mining permit,indicate the mining permit number and
the total (overall) acreage covered y the existing permit: Mining Permit No.:
Total permitted acreage (this is the acreage that the "renewal" fee will be based upon):
® If this is an application for a MODIFICATION to a mining permit, indicate the mining permit
number and the total (overall) acreage covered y the existing permit.
Mining Permit No.: 10-53 Total permitted acreage: 7.59
Doe i a mo cation involve acreage within the previously approved permitted boundary?
Yes No I. If yes,indicate the acreage to be covered by this modification(this is the acreage
that the major modification fee will be based upon):
Doe he mo l�ification involve acreage outside the previously approved permitted boundary?
YesZ No If yes, indicate the additional acreage to be covered by this
modification: 9.70 . (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 portio of this ac age be affected(i.e.:disturbed,
ground cover removed) by the mining operation? Yes[A 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): 6.84
® If this is an application for TRANSFER of a mining permit,indicate the mining permit number and
the total (overall) acreage covered y the existing permit.
Mining Permit No.: 10-53 Total permitted acreage:7.59
SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE
PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED
ABOVE
2. Name of all materials mined: Sand. Clay, Marl
3. ining method:
Hydraulic Dredge B Front-end Loader& Truck ® Shovel & Truck
Dragline & Truck Self-loading Scraper
Other(explain):
4. a. Expected maximum depth of mine (feet) 48
Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.)
mean sea level
b. Expected average depth of mine (feet) 32
.2- Revised 212007

APPLICATION FOR A MIN& PERMIT
5. Has any area(s) at this site been mined in the past? Yes ® No ❑
If yes, when and by whom was this activity conducted? Under existing permit
6. Number of years for which the permit is requested (10 years maximum): 10
B. MAPS
1. Clearly mark and label the location of your mining operation on six 6 co vies of a 7.5-minute quadrangle
and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation
maps, must be submitted with each permit application.
7.5-minute quadrangles may be obtained from the N.C. Geological Survey:
Mailing Address: Physical Address:
1612 Mail Service Center OR 512 North Salisbury Street, 5t`Floor
Raleigh, North Carolina 27699-1612 Raleigh,North Carolina 27604
[phone]
www.Uology.enr.state.nc.us/
County highway maps may be obtained from the N.C. Department of Transportation:
GIS Department
3401 Carl Sandburg Court
Raleigh, North Carolina 27610
[phone]
www.ncdot.org it/gis
2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged
topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the
maps along with their corresponding(approximate)acreage. As a reminder,mining permits can
only be issued for up to 10 years; thus, all 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, at a
minimum:
a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located
including easements and rights-of-way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.
d. Outline and width of all buffer zones (both undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
f. Outline and acreage of all stockpile areas.
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 floodplain limits and wetland boundaries.
o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of
the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of
the mining permit boundary, must be provided on the mine map.
-3 - Revised 2/2007

APPLICATION FOR A MI PERMIT
p. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary which lie directly across and are contiguous to any highway;creek,stream,river,or
other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is
owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of
record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary,must
be provided on the mine map(s). NOTE: "Highway"means a road that has four lanes of travel or
less and is not designated as an interstate Highway.
q. Map legend:
1. Name of applicant
2. Name of mine
3. North arrow
4. County
5. Scale
6. Symbols used and corresponding names
7. Date prepared and revised
8. Name and title of person preparing map
Map scales should meet the following guidelines:
PERMITTED ACREAGE MAP SCALE
0-99 Acres 1 inch= 50 feet
100-499 Acres I inch= 100 feet
500+ Acres I inch= 200 feet
(NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items)
-4- Revised 2/2007

APPLICATION FOR A MIN* 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(Explain)
Total Disturbed Acreage
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.
-5- Revised 2/2007

APPLICATION FOR A MIN* PERMIT
C. PROTECTION OF NATURAL RESOURCES
1. Describe in detail the sequence of events for the development and operation of the mine and reference the
sequence to the mine map(s). Attach additional sheets as needed.
Install Erosion Control Measures
Clear Site _
Excavate Site
Stabilize all disturbed areas with permanent vegetation
2. Describe specific erosion control measures to be installed prior to land disturbing activities and during
mining to prevent offsite sedimentation(include specific plans for sediment and erosion control for mine
excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of
installation and schedule for maintenance of the measures. Locate and label all sediment and erosion
control measures on the mine map(s) and provide typical cross-sections/construction details of each
measure. Engineering designs and calculations shall be required when needed to justify the adequacy of
any proposed measures.
Maintain construction entrance with access to public right-of-way.
Install diversion berms and temporary sedimentation ponds as shown on plans
3. a. Will the operation invaLy�a, washing the material mined, recycling process water, or other waste water
handling? Yes ❑ No I2SI. If yes,briefly describe all such processes including any chemicals to be used.
b. Will the operation involve di arging fresh or waste water from the mine or plant as a point discharge to
the waters of the State? Yesn No® . Ifyes, briefly describe the nature ofthe discharge and locate
all proposed discharge paints (along with their method of stabilization) on your mine map(s).
-6- Revised 2/2007

APPLICATION FOR A MIN& PERMIT
c. Will any part of the proposed mine excavation(s) extend below the ter table? Yes® No ❑.
If yes, do you intend to dewater the excavation(s)? Yes❑ No
Ifyes,what impact,if any,will mine dewatering have on neighboring wells? Estimated withdrawal rate
in gallons per day: . Locate all existing wells on the mine maps)that lie within
500 feet ohe proposed excavation area. Provide data to support any conclusions or statements made,
including any monitoring well data,well construction data and current water withdrawal rates. Indicate
whether the proposed mine locale is served by a public water system or private wells.
d. If you answered yes to any of the above questions, provide evidence that you have applied for or
obtained the appropriate water quality permit(s)(i.e.,non-discharge,NPDES,Stormwater,etc.)from the
Division of Water Quality, Water Quality Section.
See attached permit
In addition, the applicant is required to register water use with the Division of Water Resources if the
operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division
of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons
per day.
4. a. Will the operation involve crushing or any other air contaminant emissions?Yes ❑ No
If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the
Division of Air Quality or local governing body.
b. How will dust from stockpiles, haul roads, etc., be controlled?
The dust will be watered down as needed.
-7- Revised 2/2007

f _
APPLICATION FOR A MINI PERMIT .
' 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of-
1 way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion &
r sedimentation control measures may be installed within it), an undisturbed buffer(no disturbance
within the buffer whatsoever),or a combination of the two,depending upon the site conditions. Note
that all buffers must be located within the mining permit boundaries.
E
How wide a buffer will be maintained between any mining activity and any mining permit boundary _
or right-of-way at this site? A minimum buffer of 25 feet is recommended,although a wider buffer
may be needed depending on site conditions. Show all buffer locations and widths on the mine
i map(s).
I
25' undisturbed buffers will be maintained between mining activity and the right-of-
way as indicated on the map.
5 I
b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities
within the mining permit boundaries and any natural watercourses and wetlands unless smaller
undisturbed buffers can be justified. Depending on site conditions,a buffer wider than 50 feet may
be needed.
How wide an undisturbed buffer will be maintained between any land disturbing activities within the
mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer
locations and widths on the mine map(s).
s There will be a 25' undisturbed buffer between the land disturbing activities and the
i wetlands. This is in response to the Notice of Violation, which states a minimum 25'
buffer between the land disturbing activities and the wetlands.
' y
6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries
during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and
minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required,unless
technical justification can be provided to allow steeper slopes.
3:1 slopes will be maintained to prevent landslides or slope instability.
-S- Revised 2/2007

1
APPLICATION FOR A MIN& PERMIT
b. Provide a cross-section on the mine map(s)for all fill slopes (berms, wastepiles, overburden
disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches
and/or slope drains (with supporting design information) if needed, and the method of final
stabilization.
No fill slopes will be constructed in mine area.
c. In excavations)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including
specifications for benching and sloping. Cross-sectionsfir all cut slopes must be provided on the
mine map(s).
The maximum cut slope angle will be 3:1 with a 10' bench every 10 vertical feet.
d. In hardrock excavations,specify proposed bench widths and heights in feet. Provide cross-sections
of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and
mine benches, and the expected maximum depth of the excavation.
No hardrock excavation is anticipated.
7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling
house, public road, public, commercial or industrial building from any mine excavation. Locate all such
structures on the mine map if they are within 300 feet of any proposed excavation.
Excavation will involve no blasting, maximum slopes will be maintained at 3:1.
8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area
and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder
barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each
type of barricade to be used must be indicated on the mine map(s).
No high wall areas are planned for this mine.
Access to mine will be blocked by locked cable across entrance road.
-9- Revised 2/2007

APPLICATION FOR A MINA PERMIT
9. Are acid producing minerals or soils present? Yes ❑ No ®.
If yes,how will acid water pollution from the excavation, stockpiles and waste areas be controlled?
10. a. Describe specific plans (including a schedule of implementation) for screenin*,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 spacing, sizes and species for tree plantings.
25' and 50' natural wooded buffer will be maintained, which will also serve as a
visual screening.
b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park,
forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.)be mitigated?
Noise will be buffered by the trees.
11, Will explosives be used? Yes ❑ No E.
If yes, specify the types of explosive(s) and describe what precaution(s)will be used to prevent physical
hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations.
Depending on the mine's location to nearby structures, more detailed technical information may be
required on the blasting program(such as a third-party blasting study). Locate the nearest offsite occupied
structure(s) to the proposed excavation(s)on the mine map and indicate its approximate distance to the
proposed excavation.
12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes ❑ No ®.
Ifyes, describe these materials, how they will be stored and method ofcontainment in case ofspill. Indicate
the location(s) of all storage facilities on the mine map(s).
- to- Revised 2/2007

APPLICATION FOR A MINA PERMIT
D. RECLAMATION PLAN
I. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate
the sequence and general methods to be used in reclaiming this land. This must include the method of
reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment
of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This
information must be illustrated on a reclamation map and must correspond directly with the information
provided on the mine map(s). In addition, design information, including typical cross-sections, of any
permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent
channels must be indicated on the reclamation map.
Most of the excavated area will be reclaimed as a stocked pond.
All land not under water will be permanently vegetated with grass.
2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes® No El.
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 water depth must be at least 4 feet,
measured from the normal low water table elevation,unless information is provided to indicate that a more
shallow water body will be productive and beneficial at this site.
Will the body(s) of water be stocked with fish? Yes ® No'm.
If yes, specify species.
Brim & Catfish
3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock
including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate
fencing, Iarge boulders placed end-to-end, etc. Construction details and locations of all permanent
barricades must be shown on the reclamation map.
No excavation in rock are anticipated.
11 - Revised 2/2007

` APPLICATION FOR A MIN& PERMIT
4. ' Indicate the method(s)of reclamation of overburden,refuse,spoil banks or other such on-site mine waste
areas, including specifications for benching and sloping. Final cross-sections and locations for such
areas must be provided on the reclamation map.
Waste material will be stockpiled. Once mining operation is complete, the waste material
will be graded for positive drainage towards the pond with slopes less than 3:1, and then
seeded with permanent vegetation.
5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways.
The haul road will be stabilized with marl and left in place after completion of mining
activities as an access road to the pond.
b. Will any on-site roadways be left as part of the reclamation? Yes ® No ❑.
If yes, identify such roadways on the reclamation map and provide details on permanent ditch line
stabilization.
6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or
other such waste products of mining. (Note definition of refuse in The Mining Act of 1971).
No off-site generated waste shall be disposed of on the mine site without rior written approval
m fro the NC Department of Environment and Natural Resources,Land Quality Section and either
the Division of Waste Management(DWM)or local governing body. If a disposal permff Uhas been
issued by DWM for the site, a copy of said permit must be attached to this application. All
temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and
reclamation map, along with a last o items to be disposed in said areas.
No scrap metal or junk machinery will be stored on site.
- 12- Revised 2/2007

IFAPPLUICAnON FOR A MINING PERMIT
. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must
include xecommendations 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
insm"ctions for permanent revegetation and, if necessary, temporary rove etation. Revegetation
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
and Natural Resources;
C. authorized county representatives of the North Carolina Cooperative Extension Service,
specialists and research faculty with the Colleges of Apiculture and Life Sciences and Forest
Resources at North Carolina State University;
d. North Carolina licensed landscape architects;
e. .Private consulting foresters referred by the Division of Forest Resources, Department of
Environment and Natural Resources;
f. Others as may be approved by the Department.
LIME-RATE OF APPLICATION(tons/acre): Based upon a recent soil test,or in absence of soil
test, apply up to I ton dolomitic limestone per acre to moderatley disturbed soil(less than
6"removed) and up to 2 tons dolomitic lime per acre if more than b"
FERTILIZER-ANALYSTS AND RATE OF APPLICATION(pounds/acre): Based on a recent soil
test, or apply 40-60 lbs. of N per acre at planting and 40-60 lbs.N during growing season.
SEED - TYPE(S) AND RATE($) OF APPLICATION INCLUDING YEAR-ROUND SEEDING
SCHEDULE (pounds/acre): [NOTE, Include Legumes]
Seed Types: Seeding Dates: Seeding Rates:
bahiagrasa April-September 25 lbs./acre
Bermudagrass April -September 25 lbs./acre
Carpetgrass April-September 25 lbs./acre
Annual Ryegrass April-September 25 lbs./acre
Annual Ryegrass October-March 50 lbs./acre
MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND NMTHOD Of
ANCHOFING: The uniform application of 12/2 - 2 tons of straw per acre should provide 75%
cover. Cover in excess of 75%could reduce proper plant growth after seed germination.
OTHER VEGETATIVE COVERS-TYPE(S)AND RATE(S) OF APPLICATION .INCLUDING
SEEDING SCHEDULE (pounds/acre,trees/acre,spacing of trees/shrubs,etc):
Revegetation and/or reforeatation Olt+ raved by.
Signature -40=2�—
Date d 'aaa G
Print Name_ Phillip R. Ricks
Title Countv_Exteneian '
Agency NC Cooperative Extension-Brunswick County Center
I
�t3.

1
APPLICATION FOR A MIN& PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation worksheet is to be used to establish an ap ropriate 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. Please insert the a roximate acrea a or each
as ect o the mining o eration that you intend to a ect during the life o this minin ermit in addition lease
insert the aRprqpriate reclamation cost/acre or each category om the Schedule of Reclamation Co is
provided with this applicationform) OR you can defer to the Department to calculate„your bond for you based
upon our maps and standard reclamation costs:
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE* COST
Tailings/Sediment Ponds: Ac. X $ /Ac. — $
Stockpiles: included in mine Ac. X $ /Ac. - $
Wastepiles: excavation Ac. X $ /Ac. — $
Processing Area/Haul Roads: Ac. X $ 1800 /Ac. _ $
Mine Excavation: Ac. X $ 500 IAc. _ $
Other: Ac. X $ IAc. — $
TOTAL AFFECTED AC.: Ac.
(TOTAL PERMITTED AC.: Ac.)
Temporarx& Permanent Sedimentation& Erosion Control Measures:
Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into
proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will
be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands.
a) Internal Drainage Ac.
b) Positive Drainage Ac. X $1,500.00 = $
SUBTOTAL COST: $
Inflation Factor:
0.02 X SUBTOTAL COST: $ X Permit Life (1 to 10 years): =10
INFLATION COST: $
TOTAL COST = SUBTOTAL COST + INFLATION COST = $
Total Reclamation Band Cost: $
(round down to the nearest$100.00)
- 14- Revised 2/2007

APPLICATION FOR A MIN& PERMIT .
F. NOTIFICATION OF ADJOINING LANDOWNERS
The "Notice" form,or a facsimile thereof,attached to this application must be sent certified or registered mail
to:
(1) the chief administrative officer of each county and municipality in which any part of the permitted
area is located as indicated on the mine map(s);
(2) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor
of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are
within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and
(3) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary which lie directly across and is contiguous to any highway;creek,stream,river,
or other watercourse; railroad track;or utility or other public right-of-way;if an adjoining tract is
owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of
tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary)as indicated on the mine map(s). "Highway"means a road that has four lanes of travel
or less and is not designated as an Interstate Highway.
The only exception to the above method of giving notice 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 lands 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.
NOTES*
TH-1—S—SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS
AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA,AS
W QUIRED BY NCGS 74-50(b1).
SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF
NOTIFICATION"
- 15 - Revised 2/2007

i ( ti
i
NOTICE
Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that
L.M. McLamb & Son has applied on
(Applicant Name) (Date)
` to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh, North.Carolina 27699-1612, for(check one):
[] a new surface mining permit, or
® a modification of an existing surface mining permit to add land to the permitted area.
The applicant proposes to mine sand, marl, rock on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
west of Shallotte NC off/near road SR 1320/McMilly Road in Brunswick County.
(Direction) (Nearest Town) (Number/Name)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all
owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if
an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of
record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area 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 information regard* the
s ecifics of the vroposed mining activill, elease contact the aDDlicant at the follow in telephone number:
OTOU287-6688. For i ormation on the mining,permit application review process, please contact the Mining
Program staff at(919) 733-4574. Please note that the Department will consider a_yo relevant written
process nuntdtloa final decision on within
s made on the applicavisions of tion.
Minim Act of 1971_throu the application review
Mary K. Lawing L.M. McLamb & Son
PO Box 249 Bolivia,NC 28422 Jimmy McLamb
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name &Address) & Company Name,if Applicable)
800 McLamb Road Calabash,NC 28467
(Date of Issuance of this Notice (Address of Applicant)
Mailed to Addressee/Owner of Record)

NOTICE
Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that
L.M. McLamb& Son has applied on
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for(check one):
❑ a new surface mining permit, or
® a modification of an existing surface mining permit to add land to the permitted area.
The applicant proposes to mine sand, marl, rock on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
west of Shallotte.NC off/near road SR 1320/McMilly.Road in Brunswick County.
(Direction) (Nearest Town) (Number/Name)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all
owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if
an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mute tract, all owners of
record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area 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 information regarding the
s ecifics of the ro osed mining activity, lease contact the applicant at the followine teleiphone number:
910 287-6688. For information on the mining permit application review process,please contact the Mining
Program staff at(919) 733-45' Please note that the Department 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.
Brunswick Timer, LLC L.M. McLamb & Son
15 Piedmont Center. Suite 1250 Atlanta, GA 30305 Jimmy McLamb
(Addressee/Owner ofRecord's (Name of Applicant: Include Contact Person
Name& Address) & Company Name, if Applicable)
800 McLamb Road Calabash,NC 28467
Date of Issuance of this Notice (Address of Applicant)
Mailed to Addressee/Owner of Record)

• !
NOTICE _
Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that
L.M. McLamb& Son has applied on
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for(check one):
❑ a new surface mining permit, or
® a modification of an existing surface mining permit to add land to the permitted area.
The applicant proposes to mine sand, marl, rock_ on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
west of Shallotte,NC off'/near road SR_1320/McMilly Road in Brunswick County.
(Direction) (Nearest Town) (Number/Name)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all
owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if
an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of
record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area is located. Any person may file written comment(s) to the
Department at the above address within thin (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 information regarding the
s ecifi'cs of the proposed minim activity, lease contact the a licant at the follo in tele one number:
9 2 - . For information on the mining permit application review process,please contact the Mining
Program staff at(919) 733-4574. Please note that the Department will consider any relevant written
comments/documentation within the provisions of the Minim Act of 1971 throughout th6 application review
process until,a final decision is made on the application.
JE & LA Stanley L.M. McLamb & Son
5651 Main Street Shallotte,NC 28459 Jimmy McLamb
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name & Address) & Company Name, if Applicable)
800 McLamb Road Calabash,NC 28467
Date of Issuance of this Notice (Address of Applicant)
Mailed to Addressee/Owner of Record)

5 �
• i
NOTICE
Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that
L.M. McLamb& San has applied on
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612, for(check one):
❑ a new surface mining permit, or
® a modification of an existing surface mining permit to add land to the permitted area.
The applicant proposes to mine sand, marl, rock on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
west of_Shallotte,NC off/near road SR 1320/McMilly Road in_Brunswick County.
(Direction) (Nearest Town) (Number/Name)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all
owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if
an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of
record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area 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 information regarding the
specifics of the proposed mining activity, lease contact the applicant at the following tele hone number:
9 0 287-6688. For information on the mining permit application review process, please contact the Mining
Program staff at men lion within provisions of the Mining Act.of 19710 'der any relevant written
1 7 -457 . Please note that t e e artment will consider ev
p ' _ gthroughout th d application review
comments/documentation ,_„
process.tintil a_final decision is made on the application.
Henry Hill L.M. McLamb & Son
PO Box 1092 Shallotte.NC 28459 Jimmy McLamb
(Addressee/Owner of Record's ^' (Name of Applicant: Include Contact Person
Name& Address) & Company Name, if Applicable)
800 McLamb Road Calabash,NC 28467
Date of Issuance of this Notice (Address of Applicant)
Mailed to Addressee/Owner of Record)

S �
i i
r 3
f NOTICE
Pursuant to provisions G.S.74-50(bl)of The Mining Act of 1971,Notice is hereby given that
L.M. McLamb & Son has applied on
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for(check one):
❑ a new surface mining permit, or
® a modification of an existing surface mining permit to add land to the permitted area.
The applicant proposes to mine sand, marl, rock on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
West of Shallotte,NC off/near road SR 1320/McMilly Roar! in Brunswick County.
(Direction) (Nearest Town) (Number/Name)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all
owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if
an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of
record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area 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 riling 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 information regarding the
siDecifics of the proposed mining activity, lease contact the applicant at the following telephone number:
915)287-6688. For information on the mining permit application review process,please contact Mi
ning
ing
Program staffat(919) 733-4574. Please note that the Department 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.
Ronnie Davie Blue L.M. McLamb & Son
PO Box 1621 Shallotte NC_28459 Jimmy McLamb
Name es Address)r of Records &ameofApplicant:
Include Contact Person
' Company Applicable)
800 McLamb Road Calabash NC 28467
Date of Issuance of this Notice (Address of Applicant)
Mailed to Addressee/Owner of Record)

F NOTICE
Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971, Notice is hereby given that
L.M. McLamb & Son has applied on
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for(check one):
❑ a new surface mining permit, or
® a modification of an existing surface mining permit to add land to the permitted area.
The applicant proposes to mine sand marl rock on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
West of Shallotte.NC off/near road .SR 1320/McMilly Road in—Brunswick County.
(Direction) (Nearest Town) (Number/Name)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all
owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if
an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of
record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area 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 information regarding the
specifies of the proposed mining activi lease contact the applicant at the following telephone number:
9 Q 287-6688. For information on the mining permit app ication review process, p ease contact a Mining
Program staffat [phone]. Please note that the Department will consider any relevant written
comments/documentation within the provisiona of the Mining Act of 1971 throu hout the anDlication review
process until a final decision is made on the application.
Steve Grissett L.M. McLamb & Son
PO Box 2425 Shallotte,NC 28459 Jimmy McLamb
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name & Address) & Company Name, if Applicable)
800 McLamb Road Calabash NC 28467
Date of Issuance of this Notice (Address of Applicant)
Mailed to Addressee/Owner of Record)

NOTICE
Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971,Notice is hereby given that
L.M. McLamb& Son has applied on
(Applicant Name) (Date)
f
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment
F and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for(check one):
❑ a new surface mining permit, or
® a modification of an existing surface mining permit to add land to the permitted area.
The applicant proposes to mine sand, marl, rock on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
west of Shallotte NC off/near road SR 1320/McMilly„Road in Brunswick County.
(Direction) (Nearest Town) (Number/Name)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all
owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if
an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of
record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area 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 information regarding the
s ecifics of the proRosed mining activity, lease contact the annlicant at the following tele hone number:
0 287-6688. For information on the mining permit application review process, please contact the Vining
Program s at [phone]. Please note that the Department will consider au 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.
Ervin Milton& Judy Bethea L.M. McLamb& Son
PO Box 2424 Shallotte,NC 28459 Jimmy McLamb
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name & Address) & Company Name, if Applicable)
800 McLamb Road Calabash NC 28467
Date of Issuance of this Notice (Address of Applicant)
Mailed to Addressee/Owner of Record)

Y
f • •
1
f
I
NOTICE
Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971,Notice is hereby given that
L.M. McLamb & Son has applied on
(Applicant Name) (Date)
to the Land Quality Section, Division of Land Resources,North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612, for(check one):
❑ a new surface mining permit, or
ID a modification of an existing surface mining permit to add land to the permitted area.
The applicant proposes to mine sand, marl, rock on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
west of Shallotte NC off/near road SR 1320/McMill Road in Brunswick County.
(Direction) (Nearest Town) (Number/Name)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all
owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if
an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of
record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area is located. Any person may file written comment(s) to the
Department at the above address within thin (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 information regarding the
s ecifics of the l2rovosed mining activi lease contact the applicant at the following telephone number:
9 287- 88. For information on the mining permit application review process, please contact the Mining
Program st at [phone]. Please note that the Den rtment will consider any relevant wri en
ggmments/documentation within the provisions of the Mining Act of 1971 throughout the application review
process until a final decision is made on the application.
Mary Lee Hill L.M. McLamb& Son
PO Box 91 Shallotte NC 28459 Jimmy McLamb
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name & Address) & Company Name, if Applicable)
800 McLamb Road Calabash,NC 28467
Date of Issuance of this Notice (Address of Applicant)
Mailed to Addressee/Owner of Record)

1 ;
r
1c
NOTICE
Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971,Notice is hereby given that
L.M. McLamb & Son has applied on
(Applicant Name) _(Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment
i
and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for(check one):
❑ a new surface mining permit, or
® a modification of an existing surface mining permit to add land to the permitted area.
The applicant proposes to mine sand, marl, rock on 18.54 acres located 3
(Mineral, Ore) (Number) (Miles)
West of Shallotte NC off/near road SR 1320/McMilly Road _ in Brunswick County.
(Direction) (Nearest Town) (Number/Name)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all
owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if
an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of
record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area is located. Any person may file written comment(s) to the
Department at the above address within thing (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 information regarding the
s ecifies of the proll9sed mining activity, lease contact the aviDlicant at the followingtale one number:
287-6688. For information on the mining permit application review process, please contact the Mining
Program staff at(919) 733-4574. Please note that_the_Department will consider any-relevant written
cc omm snts document#tion within the provisions of the Mining Act of 1971_throughout the application review
g until a final decision is made on the aonlication.
Olivia Ann Smith L.M. McLamb& Son
1387 Horseshoe Drive Mullins, SC 29574 Jimmy McLamb
(Addressee/Owner of Record's (Name of Applicant: Include Contact Person
Name & Address) & Company Name, if Applicable)
800 McLamb Road Calabash,NC U467
Date of Issuance of this Notice (Address of Applicant)
Mailed to Addressee/Owner of Record)

APPLICATION FOR A MIND PERMIT
AFFIDAVIT OF NOTIFICATION
Jimmy McLamb of L.M. McLamb & Son ,an applicant,or an agent,or employee of an applicant,for a
new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area,from the N.C.
Department of Environment and Natural Resources,being first duly sworn,do hereby attest that the following are all
known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary
(including,where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
all owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary)and
that notice of the pending application has been caused to be mailed,by certified or registered mail,to said owners of
record at their addresses shown below, such notice being given on a form provided by the Department:
(Adjoining Landowner Name) (Address)
_ Brunswick Timber, LLC _ 15 Piedmont Center, Suite 1250 Atlanta GA 30305
JE & LA Stanley 5651 Main Street Shallotte,NC 28459
Mpa Lee Hill PO Box 91 5hallotte, NC 28459 �
Henry Hill,,,,,
PO Box 1092 Shallotte,NC 28459
Ronnie Davie Blue PO Box 1621 Shallotte,NC 28459 _
Olivia Ann Smith 1387 Horseshoe Drive Mullins, SC 29574
Steve Grissett PO Box 2425 „ Shallotte,_NC 28459
Ervin Milton& Judy Bethea PO Box 2424 Shallotte,NC 28459
(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
any,part of the permitted area is located and that notice of the pending application has been caused to be mailed,by
certified or registered mail, to said office at the following address:
Chief Administrative Officer Name) (Address)
i.e.: City Manager, County Manager, Mayor, etc.]
Marty K. Lawing, Brunswick County Manager _ _ PO Box 249 Bolivia,NC 28422
The above attestation was made by me while under oath to provide proof satisfactory to the Department that a
reasonable effort has been made to notify all known owners of record,both public and private,of all tracts of land
that are adjoining the minin permit boundary (including, where an adjoining tract is owned or leased by the
applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are
within 1,000 feet of the mining permit boundary)and the chief administrative officer of the county or municipality in
which any part of the permitted area is located in compliance with N.C.G.S.74-50(bl)and 15A NCAC 5B.0004(d).
I d that it is the responsibility of the applicant to retain the receipts of mailing showing that the above
tices w e caused to be ailed and to provide them to the Department upon request.
Si a e of pplic t or Agent ��ate
If person executing Affidavit is an agent or employee of an applicant,provide the following information:
Name of applicant: L.M. McLamb & Son, Jimmy_ McLamb
Title of person executing Affidavit President
1, Vicki Meyers a Notary Public of the County of Brunswick ,
State of North Carolina, do hereby certify that
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 day of 20
Notary: my Commission expires: November 14. 2010
- 17- Revised 2/2007

APPLICATION FOR A MIN* PERMIT
1 G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands
or operation during regular business hours for the purpose of making necessary field inspections or investigations as
may be reasonably required in the administration of the Mining Act of 1971.
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 cant'
out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S.
74-59.
LANDOWNER: APPLICA
Signa Signature: F
Print Name: Kimberly Holmes Print Name: Jimml McLamb
Address: 100 Creek Drive/PO Box 1216 Title: President/Manager
Shallotte. North Carolina 28459 Company: L.M. McLamb& Son
Telephone: [phone] Mine Name: Agua Fresh Farms, LLC
Telephone: [phone] -
*Signature must be the same as the individual who signed Page 1 of this application.
One original and five(5) copies of the completed application.six (6) copies of all location maps,mine mans
and reclamation ma Rs,and the appropriate rocessin fee(see next page for fee schedule)in the form a check
or money order payable to the North Carolina Department of Environment and Natural Resources must be
sent to the Land 011glift Section Central Office at the address listed on the front cover of this application
form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at
[phone].
- 18 - Revised 2/2007

tAPPLICATION FOR A MININ(ORMIT .
MINING FEE SCHEDULE
A nonrefundable permit application processing fee when filing for anew mining permit,a major permit modification or a renewal permit is
required as follows:
0-25 acres 26+acres
New Permit Applications $3,750.00 $5,000.00
Permit Modifications $750.00 $1,000.00
Permit Renewals $750.00 $1,000.00
Transfers/Minor Modifications* $100.00 $100.00
• A nonrefundable S 100.00 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 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 are
considered major permit 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 he disturbed mod added to an existing permitted area,or both.
- 19-

APPLICATION FOR A MININ[ORMIT •
There are seven Land Quality Section (LQS) Regional Offices. Use the map below to locate the Regional Office
serving your county.
Win le
01 = �
a lie
F Ilr
1NE! ngton
Asheville Regional Office
• Counties: Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson,
Macon, Madison, McDowell, Mitchell, Poke, Rutherford, Swain, Transylvania, Yancey
• Address: 2090 U.S. Highway 70, Swannanoa,NC 28778
• Voice: 828.296.4500
• FAX: [phone]
Fayetteville Regional Office
• Counties: Anson, Bladen, Cumberland, Harnett, Hoke, Montgomery, Moore, Richmond, Robeson, Sampson,
Scotland
• Address: 225 Green Street, (Systel Building), Suite 714, Fayetteville, NC 28301-5094
• Voice: 910.433.3300
FAX: 910.48&0707
Mooresville Regional Office
Counties: Alexander, Cabarrus, Catawba, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly,
Union
• Address: 610 East Center Ave., Mooresville, NC 28115
• Voice: 704.663.1699
= FAX: [phone]
Raleigh Regional Office
• Counties: Chatham, Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Lee, Nash, Northampton,
Orange, Person, Vance, Wake, Warren, Wilson
• Address: 1628 Mail Service Center, Raleigh, NC 27699-1626 or 3800 Barett Drive,Raleigh, NC 27609
• Voice: 919.791.4200
• FAX: [phone]
Washington Regional Office
• Counties: Beaufort, Bertie, Camden, Chowan, Craven, Currituck, Dare, Gates, Greene, Hertford, Hyde, Jones,
Lenoir, Martin, Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne
• Address: 943 Washington Square Mall, Washington, NC 27889
• Voice: 252946.6481
• FAX: [phone]
-20-

F *
i •

APPLICATION FOR A MININ*RMIT .
LAND QUALITY REGIONAL OFFICES (continued)
Wilmington Regional Office
• Counties: Brunswick, Carteret, Columbus, Duplin, New Hanover, Onslow, Pender
• Address: 127 Cardinal Drive Extension, Wilmington, NC 28405
• Voice: 910.796.7215
• FAX: 910,350.2004
Winston-Salem Regional Office
• Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingharn, Randolph,
Stokes, Surry, Watauga, Wikes, Yadkin
• Address: 585 Waughtown Street, Winston-Salem, NC 27107
• Voice: 336.771.5000
• FAX: [phone]
-21 -

r ,� �
•

'APPLICATION FOR A MININ4WRMIT
SCHEDULE OF RECLAMATION COSTS
Based upon range of$500 - $5 000 per affected acre
COMMODITY CODES: SG =Sand and/or Gravel, GS=Gemstone,Borrow=Borrow/fill dirt,CS=Crushed Stone,
DS= Dimension Stone, FS = Feldspar, MI =Mica, LI = Lithium, PF= Pyrophyllite, OL= Olivine,
KY=Kyanite/Sillimanite/Andalusite, PH=Phosphate,CL=Clay/Shale,PE=Peat,AU=Gold,TI=Titanium,and OT
= Other
Type _ T/S Ponds S.Piles W.piles P.area/H.R. Mine Excay.
SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L)
Borrow 1500(FI) $2000(PD)
CS, DS, 500(L) 1800 2000 2000 500(L)
FS, MI, 1500(FI) 2500(PD)
LI, PF, OL, KY I
PH I000(L) 2500 5000 5000 2000(L)
2500(FI) 5000(PD)
CL 1000(L) 2500 5000 5000 2000(L)
2500(FI) 3700(PD)
PE, AU, I000(L) 2500 3000 3500 2000(L)
T1, 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 & 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 WITHIN 30 DAYS TO
THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh,
North Carolina 27699-1612
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.
-22-

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AQUA FRESH FARMS,LLC
PO Box 1216
Shallotte, NC 28459
December 11, 2007
North Carolina Department of
Environment& Natural Resources
Division of Land Resources
Land Quality Section
1612 Mail Service Center
Raleigh, NC 27699-1612
Re: Mining Permit No. l 0-53
Aqua Fresh Farms, LLC Mine (Holmes Borrow Pit)
Brunswick County
Lumber River Basin
The above referenced mine is to be transferred in its entirety to L.M. McLamb& Son.
With Regards,
imberly Holm , wn
Member/Manager
910-754-3400(P) 910-754-2191 (F) 910-443-1 1 16(C) [e-mail]

C} O� �QG • Michael F.Easley,Governor
Sr William G.Ross In,Secretary
[ North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P,E,Director
Division of Water Quality
February 7,2005
Kimberly Holmes
Holmes Borrow Pit
PO Box 1216
Shallotte, NC 28459
Subject: NPDES Stormwater Permit Coverage Renewal
Holmes Borrow Pit
COG Number NCG020541
Brunswick County
Dear Permittee:
In response to your renewal application for continued coverage under general permit NOG020000 the Division of Water
Quality(DWQ) is forwarding herewith the reissued stormwater general permit. Please review the new permit to familiarize
yourself with the changes in the reissued permit. The general permit authorizes discharges of stormwater and some types of
wastewater. You must meet the provisions of the permit for the types of discharges present at your facility. This permit is
reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983.
The following information is included with your permit package:
• A new Certificate of Coverage
• A copy of General Stormwater Permit NCG020000
• A copy of a Technical Bulletin for the general permit
• Five copies of Discharge Monitoring Report(DMR) Forms-wastewater and stormwater
• Five copies of Qualitative Monitoring Report Form
Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification
or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other
permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable
federal, state, or local law, rule, standard, ordinance, order,judgment, or decree.
If you have any questions regarding this permit package please contact Jonathan Diggs of the Central Office Stormwater
Permitting Unit at [phone], ext.537.
Sincerelv.
RECEIVED
for Alan W. Klime P.E.
JAN 0 7 2009
cc: Central Files LAND QUALITY SECTION
Stormwater& General Permits Unit Files
Wilmington Regional Office
NeOe hCarotina
�atirrr�!!y
North CaTolini Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1 6 1 7 Phone[phone] Customer Service
Internet: h2o.enr state.nc.uslsulstormwater.html 512 N.Salisbury St. Raleigh,NC 27604 FAX [phone] 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recyded110%Post Consumer Paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No, NCG020541
STORMWATER AND PROCESS WASTEWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and
the Federal Water Pollution Control Act, as amended,
Holmes Borrow Pit
is hereby authorized to discharge stormwater and to operate treatment systems and discharges associated
with mine dewatering wastewater and process wastewater from a facility located at
Holmes Borrow Pit
McMilly Rd
Shallotte
Brunswick County
to receiving waters designated as LOOKOUT BRANCH, a class C SW HOW stream in the Lumber River
Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, III, IV, V, and VI of General Permit No. NCG020000 as attached..
This certificate of coverage shall become effective February 7, 2005_
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day February 7, 2005
for Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

��
t.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
TO DISCHARGE STORMWATER, MINE DEWATERING, AND PROCESS WASTEWATER
UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission and the Federal Water Pollution Control Act, as amended, this permit
is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit
as evidenced by receipt of a Certificate of Coverage by the Environmental Management
Commission to allow the discharge of stormwater, mine dewatering wastewater, and process
wastewater to the surface waters of North Carolina or to a separate storm sewer system
conveying discharges to surface waters in accordance with the terms and conditions set forth
hcrcin.
Coverage under this general permit is applicable to:
• Stormwater point source discharge outfalls associated with mining and quarrying of
nonmetallic minerals (except fuels), land disturbance, and vehicle maintenance.
• Mine dewatering wastewater discharge outfalls.
• Wastewater discharge outfalls from sand and/or gravel operations.
• Nondischarging closed loop recycle systems.
• Process recycle wastewater discharge outfalls. j
The following activities and their associated discharges are specifically excluded from coverage
under this General Permit: borrow pits covered by the DOT statewide stormwater permit, peat
mining, coal mining, metal mining, oil and gas extraction operations, and combined
mining/asphalt operations (where the asphalt operation is not covered by a separate permit).
The General Permit shall become effective on January 19, 2005.
The General Permit shall expire at midnight on December 31, 2009.
Signed this day January 19, 2005.
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

` . Permit No. NCG020000
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: General Permit Coverage
Section B: Permitted Activities
PART II AUTHORIZATION TO CONSTRUCT AND OPERATE A TREATMENT
FACILITY
Section A: Requirements to Construct New or Expanded Treatment Facilities
Section B. Requirements For Operation of a Treatment Facility
PART III MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Best Management Practices (BMPs)Plan
Section B: Analytical and Qualitative Monitoring Requirements for Discharges Composed
Entirely of Stormwater
Section C: Effluent Limitations and Monitoring Requirements for Mine Dewatering and Process
Wastewater Discharges
PART IV STANDARD CONDITIONS
Section A: Compliance and Liability
1. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
G. CiviI and Criminal Liability
S. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
S. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
Section B: General Conditions
1. General Permit Expiration
2. Transfers
i

Permit No. NCG020000
3. When an Individual Permit May be Required
4. When an Individual Permit May be Requested
5. Signatory Requirements
6. General Permit Modification, Revocation and Reissuance, or
Termination
7. Certificate of Coverage Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce not a Defense
3. Bypassing of Wastewater or Stormwater Control Facilities
Section D: Monitoring and Records
1. Representative Sampling
2. Recording Results
3. Flow Measurements
4. Test Procedures
5. Non-Stormwater Discharges
6. Representative Outfall
7. Records Retention
8. Inspection and Entry
Section E: Reporting Requirements
1. Discharge Monitoring Reports
2. Submitting Reports
3. Availability of Reports
4. Non-Stormwater Discharges
5. Planned Changes
6, Anticipated Noncompliance
7, Bypass
8. Twenty-four Hour Reporting
9. Other Noncompliance
10. Other Information
PART V LIMITATIONS REOPENER
PART VI ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VII DEFINITIONS
ii

1

• Permit No. NCG020000
PART I INTRODUCTION
SECTION A: GENERAL PERMIT COVERAGE
All persons desiring to have facilities covered by this General Permit must register with the
Division of Water Quality(DWQ) by the filing of a Notice of Intent (NOI) and applicable fees.
The NOI shall be submitted and a certificate of coverage issued prior to any discharge of
stormwater associated with industrial activity, mine dewatering wastewater or process
wastewater that has a point source discharge to the surface waters of the state.
This General Permit covers mining and quarrying of nonmetallic minerals (except fuels)
including borrow pits that would not be covered under the statewide DOT stormwater permit)
and active or inactive mines that discharge stormwater contaminated with or that has come in
contact with, any overburden, raw material, intermediate products, finished products, byproducts
or waste products located at the site of such operations and stormwater runoff from vehicle
maintenance areas. This General Permit also covers discharge of wastewater from processing
mined materials and mine dewatering wastewater from the groundwater and/or stormwater that
accumulates in the mine pit.
Any owner or operator not wishing to be covered or limited by this General Permit may make
application for an individual NPDES permit in accordance with NPDES procedures in 15A
NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual
permit should be made at least 180 days prior to commencement of discharge.
This General Permit does not cover activities or discharges covered by an individual NPDES
permit until the individual permit has expired or has been revoked. Any person conducting an
activity covered by an individual permit but which could be covered by this General Permit may
request that the individual permit be revoked and coverage under this General Permit be
provided.
Facilities submitting NOIs for coverage under this permit, prior to establishment or approval of a
Total Maximum Daily Load (TMDL) for a priority pollutant(s) for stormwater discharges(i.e.
wet weather flows), may be covered under this permit during its term. For such facilities
continued coverage under the reissuance of this permit is subject to the facility demonstrating
that it does not have a reasonable potential to violate applicable water quality standards for such
pollutants due to the stormwater discharge(s). For facilities that do have a reasonable potential
for violation of applicable water quality standards due to the stormwater discharge(s) the facility
shall apply for an individual permit 180 days prior to the expiration of this general permit. Once
the individual permit is issued and becomes effective the facility will no longer have coverage
under the general permit. A list of approved TMDLs for the state of North Carolina can be found
at http-/Wo.enr.state.nc.us/tmdl/General_TMDLs.htm.
Part I Page 1 of 2

f

0 0 Permit No. NCG020000
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater, mine dewatering and process wastewater to the surface waters of North Carolina or a
separate storm sewer system which has been adequately treated and managed in accordance with
the terms and conditions of this General Permit. All discharges shall be in accordance with the
conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization or approval.
The discharges allowed by this General Permit shall not cause or contribute to violations of
Water Quality Standards. Discharges allowed by this permit must meet applicable wetland
standards as outlined in 15A NCAC 2B .0230 and .0231 and water quality certification
requirements as outlined in 15A NCAC 2H .0500.
This permit does not relieve the permitee from responsibility for compliance with any other
applicable federal, state or local law, rule, standard, ordinance, order or decree.
Part I Page 2 of 2

• • Permit No. NCG020000
PART II AUTHORIZATION TO CONSTRUCT AND OPERATE A
TREATMENT FACILITY
Mining operations which involve construction and operation of treatment facilities for mine
dewatering wastewater or process wastewater(such as saw water, wash water, etc.) are subject
to construction and operation requirements for these facilities as outlined in Section A and
Section B below.
SECTION A: REQUIREMENTS TO CONSTRUCT NEW OR EXPANDING
TREATMENT FACILITIES
1. All new or expanding treatment facilities must receive an Authorization to Construct (A
to C) from DWQ.
2. Application for the A to C requires that plans and specifications be submitted to the
Division of Water Quality, Stormwater Permitting Unit, 1617 Mail Service Center,
Raleigh, NC 27699-1617 for approval.
I Upon approval of the plans and specifications by the Division, a set of approved plans
and specifications for the subject project will be returned to the permittee. These plans
must be retained by the permittee for the life of the treatment facility.
4. Upon receipt of an approved A to C, the approved treatment facilities shall be constructed
in accordance with the conditions of this permit, the approved plans and specifications,
and other supporting data. The treatment facilities shall be constructed to meet the
effluent limitations in Part III, Section C of this general permit.
5. Upon completion of construction and prior to operation of a permitted facility, a
certification of plans and specifications must be received from a professional engineer in
accordance with G.S. 89-25 certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting
materials. Mail the Certification of plans and specifications to the Division of Water
Quality, Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh,NC 27699-
1617.
6. The DWQ Regional Office shall be notified at least forty-eight (48) hours in advance of
operation of the installed facilities so that an in place inspection can be made if the
Regional Office so desires. Such notification to the regional supervisor shall be made
during normal business hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday,
excluding State Holidays.
Part II Page I of 2

' •
Permit No. MCG020000
Existing, new and expanding treatment facilities shall be subject to the following operational
requirements.
SECTION B: REQUIREMENTS FOR OPERATION OF A TREATMENT FACILITY
1. Operation and maintenance of treatment facilities must be in accordance with the
requirements in this General Permit. For the purposes of this permit no documentation
other than a signed Certificate of Coverage is required to operate an existing treatment
facility. New facilities must also have an Authorization to Construct'pennit.
2. Diversion or bypass of untreated wastewater from a treatment facility is prohibited except
under provisions of this permit in Part IV, Section C.3.
3. In the event that a facility fails to perform satisfactorily, including the creation of
nuisance conditions, the perrnittee shall tape immediate corrective action, including those
actions that may be required by this Division, such as the construction of additional or
replacement treatment or disposal facilities.
4. The issuance of this permit shall not relieve the permittee of the responsibility for
damages to surface waters of the State resulting from the operation of a treatment facility.
5. Any discharge from a treatment system to groundwater must protect the groundwater
standards specified in 15A NCAC 2L, Groundwater Classification and Standards.
6. Any groundwater quality monitoring, as deemed reasonably necessary by the Division,
shall be provided.
7. No chemical flocculants shall be used in the treatment facility without written
authorization from the Division.
&. All discharges of mine dewatering wastewater and process wastewater will be monitored
in accordance with Part III, Section C of this permit.
Part II Page 2 of 2

• Permit No. NCG020000
PART .III MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER BEST MANAGEMENT PRACTICES (BMPS) PLAN
1. The permittee shall implement stormwater BMPs to ensure that contaminants do not enter
surface waters via stormwater that comes in contact with any unstabilized overburden,
raw materials, intermediate products, finished products, byproducts or waste products
located on the site covered by this permit. A BMP Plan shall be developed in accordance
with the requirements of this section. The BMP Plan requirement, or portions of the plan
requirement, may be met by utilizing appropriate requirements in other documented plans
specific to the permitted facility.
2. Management of Stormwater Runoff and Runon. The permittee shall maintain stormwater
BMPs for land disturbance areas and outside process areas. In addition, controls should
be used to limit or isolate selected land disturbance and process areas and limit the
amount of off site stormwater runon to those areas. Appropriate Best Management
Practices (BMPs) should be used to divert, infiltrate, reuse or otherwise manage
stormwater runoff and runon in a manner that reduces pollutants in stormwater
discharges leaving the site. Appropriate BMPs may include but are not limited to:
vegetative swales, berms, use of reclaimed mine areas, and reuse of collected stormwater
(such as for an industrial process or as an irrigation source).
3. BMP Controls Inspection and Maintenance. All stormwater BMPs shall be inspected by
or under the direction of the permittee at least once every seven calendar days and within
24 hours after any storm event that results in a discharge. The BMPs implemented shall
be operated and maintained so that they are cleaned out when the sediment storage
capacity has been reduced by 50%. If any visible sedimentation is leaving the property,
corrective action shall be taken to reduce the discharge of sediments. Visible
sedimentation found offsite shall be recorded with a brief explanation as to the measures
taken to prevent future releases as well as any measures taken to remove the sediment that
left the site. All other stormwater specific controls (e.g. oil/water separators) shall be
inspected and qualitatively monitored (as per Part III.B.3) on a semiannual schedule, once
in the fall (September-November) and once during the spring (April-June). A log of
sampling data and of activities taken to implement BMPs associated with the vehicle
maintenance activities shall be maintained and incorporated into the BMP Plan and kept
onsite for the duration of the permit term and made available to the Director upon request.
4. Erosion and Sedimentation Control. The permittee shall implement the management
practices and the erosion and sedimentation control measures that are included in the
mining permit or erosion and sedimentation control permit issued by the Division of Land
Resources. Compliance with the issued permit is considered a requirement of this
general permit. Any deviation from the issued permit, or amendments to the issued
permit, that impacts water quality shall constitute a violation of the terms and conditions
of this general permit. A signed copy of the issued permit including the approved erosion
and sedimentation control measures and the reclamation plan shall be maintained on the
site at all times. Once an area is released by the Division of Land Resources in
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Permit No. NCG020000
accordance with NCGS Chapter 74, Article 7, it shall no longer be subject to this general
permit.
5. Preventive Maintenance Inspections and Good Housekeeping Practices. Equipment
utilized during mining activity on a site must be operated and maintained in such a
manner as to prevent potential or actual pollution of the surface water or ground waters of
the state. Fuels, lubricants, coolants, and hydraulic fluids, or any other petroleum
products, shall not be discharged on the ground or into surface waters. Spent fluids shall
be disposed of in a manner so as not to enter the surface waters or ground waters of the
state and in accordance with applicable federal disposal regulations. Any spilled fluids
shall be cleaned up to the maximum extent practicable and disposed of in a manner that
does not allow their entry into the surface waters or ground waters of the state.
6. Secondary Containment. The permittee shall provide secondary containment for bulk
storage of liquid materials, storage of Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA)water priority chemicals, or storage of
hazardous liquids substances to prevent leaks and spills from contaminating stormwater
runoff. If the secondary containment devices are connected directly to stormwater
conveyance systems, the connection shall be controlled by manually activated valves or
other similar devices (which shall be secured with a locking mechanism) and any
stormwater that accumulates in the containment area shall be at a minimum visually
observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to
release of the accumulated stormwater. Accumulated stormwater shall be released if
found to be uncontaminated by the material stored within the containment area.
SECTION B: .ANALYTICAL AND QUALITATIVE MONITORING REQUIREMENTS
FOR DISCHARGES COMPOSED ENTIRELY OF STORMWATER
Analytical monitoring for stormwater discharges shall be performed for parameters as specified
in Tables 1 through 4. All analytical monitoring shall be performed during a representative storm
event as defined in Part VII. For each parameter, the arithmetic mean of all analytical sampling
results collected during the term of the permit may be calculated for each individual outfall and
compared to the cut-off concentrations listed in Tables 2 and 4. If the arithmetic mean is less
than the specified cut-off concentration for a given parameter, the facility is not required to
continue annual monitoring for that parameter (at that outfall) until the last year of the permit
unless a significant change in facility operations or configuration occurs. if a cut-off
concentration results in discontinued analytical monitoring at an individual discharge outfall, the
permittee is required to maintain facility operations that ensure the continuation of stormwater
runoff quality. The permittee must perforin anal3lical sampling during the first and last year of
the permit term regardless of cut-off concentration conditions.
In situations where stormwater runoff is controlled by some type basin or retention/detention
pond, the following provisions are applicable for sample collection for analytical monitoring:
• Analytical monitoring for stormwater discharges from a basin or other similar control
structures must be performed within the first 30 minutes of discharge.
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Permit No. NCG020000
Analytical monitoring for a basin /pond designed to contain the I0-year design storm(see
Part VII, Definitions) without discharging is not required. Qualitative monitoring for color,
foam, outfall staining, visible sheen and dry weather flow is the only monitoring requirement.
• Analytical and qualitative monitoring are not required for a basin/pond designed to contain
the 25-year, 24-hour storm (see Part VII, Definitions) without discharging. A basin/pond
meeting this provision is considered a non-discharging stormwater control.
1. Analytical Monitoring for Stormwater Discharges from Land Disturbance and
Process Areas.
Analytical monitoring for stormwater discharges from land disturbance and process areas
shall be performed as specified in Table 1.
Table 1. Analytical Monitoring Requirements for Stormwater Discharges from Land
Disturbing Activities and Process Areas
IND
T�lcasarcirieir�t' � '�
t Fre uenc YPC��y;' ., . _•Loc�tio�.��
Settleable Solids mul Annually Grab SDO
Total Suspended Solids MO Annually Grab SDO
Turbidi NTU Annually Grab SDO
Total Rainfa114 inches Annually -- __
Event Duration4 minutes Annually -- --
Total Flow4 MG I Annually -- SDO
I Measurement Frequency: Once per year during a representative storm event_ A year is defined as the 12 month period beginning on the
month and day of issuance of the Certificate of Coverage.
2 The sample is collected within the first 30 minutes of discharge from the outfall.
3 Sample L.ocadon: Samples shall be collected at each stormwater discharge outfall(SDO)unless representative outfall status has been granted.
4 For each sampled representative storm event,the total precipitation,storm duration,and total now must be monitored. Total flow shall be
either,(a)measured continuously,(b)calculated based on the amount of area draining to the outfall,the amount of built-upon(impervious)
area,and the total amount of rainfall,or(c)estimated by the measurement of flow at 20 minute intervals during the rainfall event.
Table 2. Analytical Monitoring Cut-off Concentrations for Stormwater Discharges
from Land Disturbance Activities and Process Areas
Settleable Solids 0.1 ml/1
Total Suspended Solids 100 mg/1
Turbidit Freshwater non-trout streams 50 NTU
Turbidity on-trout lakes and saltwaters 25 NTU
Turbidit Trout waters 10 NTU
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• Permit No. NCG020000
2. Analytical Monitoring for On-site Vehicle Maintenance.
Facilities which have any on-site vehicle maintenance activity that uses more than 55
gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 3. This monitoring shall be performed
at all outfaIls which discharge storrnwater runoff from the vehicle maintenance areas.
Table 3. Analytical Monitoring Requirements for Stormwater Discharges from On-Site
Vehicle Maintenance Areas
r��i" p
9.
Gx,
Ni
H S.U. Annually Grab SDO
Oil and Grease m 1 Annually Grab SDO
Total Su ended Solids m 1 Annually Grab SDO
Total Rainfa113 inches Annually Grab --
Event Duration3 minutes I Annually Grab --
Total Flow3 MG Annually Grab SDO
Foomotes:
I The sample is collected within the first 30 minutes of discharge.
2 Sample Location: Samples shall be collected at each stormwater discharge outfall(SDO)that discharges stormwater runoff from
artia(s)where vehicle maintenance activities occur.
3 Total flow shall be;(a)measured continuously,(b)calculated based on the amount of area draining to the outfall,the amount of built-
upon(impervious)area,and the total amount of rainfall,or(c)estimated by the measurement of flow at 20 minute intervals during the
rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event.
Table 4. Cut-off Concentrations for On-Site Vehicle Maintenance Activities
Hl within ran a the 6.0—9.0
Oil and Grease 30 rn i
Total Suspended Solids 100 mg/1
Foomota
1 pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result Shall be used for cut-off
concentration purposes.
3. Qualitative Monitoring for Stormwater Discharges from Land Disturbance Areas,
Process Areas and Vehicle Maintenance Areas.
Qualitative monitoring requires a visual inspection of all Stormwater outfalls with
Stormwater runoff from land disturbance, process or vehicle maintenance areas regardless
of representative outfall status or cut-off concentrations and shall be performed as
specified below in Table 5. No analytical tests are required.
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Permit No. NCG020000
The first qualitative monitoring event during the term of the Rerrmt must coincide with
the initial analytical monitoring event (regardless of the season). All other qualitative
monitoring will be performed twice per year, once in the spring (April -June) and once in
the fall (September- November) and does not need to be performed during a
representative storm event.
Table 5. Qualitative Monitoring Requirements
•i1h�
Color Semi-Annual SDO
Odor Semi-Annual SDO
Clarity Semi-Annual SDO
Floadn Solids Semi-Annual SDO
Suspended Solids Semi-Annual SDO
Foam Semi-Annual SDO
Oil Sheen Semi-Annual SDO
Deposition at or immediately below thc Semi-Annual SDO
outfall
Erosion at or immediately below the Semi-Annual SDO
outfall
Other obvious indicators Semi-Annual SDO
of stormwater pollution
Footnotes:
I Monitoring Location:Qualitative monitoring shall be performed at each stormwater discharge outfall(SDO)associated with land
disturbance areas,process areas and vehicle maintenance areas regardless of representative outfall status.
SECTION C: EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
FOR MINE DEWATERING WASTEWATER AND PROCESS
WASTEWATER
1. Mine Dewatering Wastewater (including Borrow Pits)
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge mine dewatering wastewater controlled in accordance with
the conditions of this permit. Mine dewatering activities that have the potential to drain wetlands
must have secured and implemented an Operation and Monitoring Plan approved by the
Division. Operation and Maintenance Plans shall include, but are not limited to:
• Groundwater monitoring strategies to demonstrate the effect of pumping and, as necessary,
establish the pumping regime necessary to reduce impacts.
• Detailed plans to maintain the surrounding hydrology and the respective monitoring to
demonstrate compliance.
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• Permit Na. NCG020000
Alternative site specific pumping and monitoring regimes may be approved by the Division on a
case-by-case basis.
i
I
The discharge of Mine dewatering wastewater that is directly pumped from the pit through an
erosion and sedimentation control structure prior to discharging to surface waters is not required
to receive an authorization to construct in accordance with Part II, Sections A and B. Mine
dewatering wastewater discharges which requires additional treatment other than erosion and
sedimentation control structures are subject to the authorization to construct requirement.
Analytical monitoring of mine dewatering wastewater shall be performed as specified below in
Table 6. For each parameter, an effluent limitation is contained in Table 9. An exceedence of any
of these limitations is a violation of the permit conditions and may be subject to enforcement
action as specified in Part IV, Section A.2 of this permit.
Table 6. Monitoring Requirements for Mine Dewatering Wastewater
F�
H S.U. Quarterly Grab E
Settleable Solids mlll Quarterly Grab E
Total Suspended Solidss mg/1 Quarterly Grab E
Turbidity NTU Quarterly Grab E or U,D
Fecal Coliform61 col/ml I 2uarterlyGrab I E
Total Flow4 MG arterly E
Footnotes:
1 The monitoring frequency is quarterly unless the effluent limitation in'table 9 is exceeded at which time
monthly monitoring will be required for that parameter for the remaining permit terra.
2 A grab sample is not required for pH and TSS from a basin/pond designed to contain or treat mine dewatering
wastewater that results from rainfall in excess of 10-yr, 24-hr storm(this exemption is not available for mine
dewatering of clay pits).
3 Sample Location: E—Effluent,U—Upstream,D—Downstream
4 Total Flow volume shall be recorded by a continuous flow measurement instrument. Alternatively,pump curves
and pump logs may be used as a means to calculate flow volume.
5 Only facilities mining Industrial Sand are required to monitor for this parameter.
6 Only facilities discharging to waters classified as SA waters are required to monitor for this parameter
2. Wastewater Associated With Sand/Gravel Mining
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge wastewater from mining of sand and/or gravel operations.
For the purposes of this permit, wastewater from mining of sand and/or gravel is water that that
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I

J . • Permit No. NCG020000
is conveyed from the mined sand and/or gravel through an erosion and sedimentation control
facility prior to discharging to surface waters. Authorization to construct and operate
requirements (Part U, Sections A and B) are not applicable to this type of wastewater operation.
Analytical monitoring of wastewater draining from mined sand and/or gravel shall be performed
as specified below in Table 7. For each parameter, an effluent limitation is contained in Table 9.
An exceedence of any of these limitations will result in a violation of the permit conditions and
may be subject to enforcement action as specified in Part IV, Section A.2 of this permit.
Table 7. Monitoring Requirements for Wastewater from Sand and/or Gravel Mining
' � r
e t_
H S.U. Quarterly Grab E
Settleable Solids ml/I Quarterly Grab E
Total Suspended So1ids5 mg/1 Quarterly Grab E
Turbidity NTU Quarterly rab E or U,D
Total Flow4 MG Q arterly E
Footnotes:
1 The monitoring frequency is quarterly unless the effluent limitation in Table 9 is exceeded at which time monthly
monitoring will be required for that parameter for the remaining permit term
2 A grab sample is not required for pH and TSS from a basin/pond designed to contain or treat process wastewater
that results from rainfall in excess of 10-yr,24-hr storm.
3 Sample Location: E—Effluent, or combined(U—Upstream,D—Downstream.)
4 Total Flow volume shall be recorded by a continuous flow measurement instrument. Alternatively,pump curves
and pump logs may be used as a means to calculate flow volume.
5 Only facilities mining Industrial Sand are required to monitor for this parameter.
3. Overflow From a Closed Loop Process Recycle Wastewater System Designed to Operate
With Minimum of Two Feet of Freeboard
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge overflow from the following closed loop process recycle
wastewater systems
designed and operated with two feet of freeboard during normal operation:
a) Sand, Gravel and Stone Washing Operations
b) Dimension Stone Cutting Operations
c) Crusher Dust Control Operations
For the purposes of this permit, overflow refers to a discharge that occurs as a result of a
precipitation event that over-tops the two feet of freeboard. Closed loop is defined as limiting the
water entering the system to makeup water that is added to operate the system at or below the two
feet of freeboard and/or precipitation that falls directly into the system. The system would also be
Part III Page 7 of 9

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J
Permit No. NCG020000
designed to exclude stormwater runoff from draining into the system. Authorization to construct
and operate requirements (Part II, Sections A and B) are not applicable to this type of process
wastewater operation.
No analytical monitoring is required for overflow from closed looR process rec cle wastewater
systems designed tooperate with two feet of freeboard.
4. Overflow From Other Process Recycle Wastewater Systems
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge overflow from the following process recycle wastewater
systems that are not designed as closed loop recycle systems with two feet of freeboard:
a) Sand, Gravel and Stone Washing Operations
b) Dimension Stone Cutting Operations
c) Air Scrubbing and Dust Control Operations
Analytical monitoring of overflow from process recycle wastewater systems that are not designed
as closed loop recycle systems with two feet of freeboard shall be performed as specified below in
Table 8. For the purposes of this permit, overflow refers to a discharge of process wastewater as a
result of a precipitation event. These systems don't meet the requirements for closed loop recycle
systems and are not designed and operated with two feet of freeboard. Authorization to construct
and operate requirements (Part H, Sections A and B) are applicable to this type of process
wastewater operation.
Table 8. Monitoring Requirements for Overflow From Process Recycle Wastewater Systems
tZvi
i" , t�
H S.U. Quarterly Grab E
Settleable Solids mUl Quarterly Grab E
Total Suspended Solids5 m I Q arterly Grab E
Turbidity NTU uarterl Grab E or U D
Total Flow4 MG Quarterly E
Footnotes:
1 The monitoring frequency is quarterly unless the effluent limitation in Table 9 is exceeded at which time monthly
monitoring will be required for that parameter for the remaining permit term.
2 A grab sample is not required for pH and TSS from a basin/pond designed to contain or treat process wastewater
that results from rainfall in excess of 10-yr, 24-hr storm.
3 Sample Location: E—.Effluent, or combined(U—Upstream,D—Downstream)
4 Total Flow volume shall be recorded by a continuous flow measurement instrument. Alternatively,pump curves
and pump logs may be used as a means to calculate flow volume.
S Only facilities mining Industrial Sand are required to monitor for this parameter.
Part III Page 8 of 9

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. Permit No. NCG020000
Table 9. Effluent Limitations for Process Wastewater and Mine Dewatering Wastewater
?l�Sc�f7G" 'ta �� IS� �'S�Fe� xyhaYl
.kY.h� �Y C �1 1,�,
NZ 74- �,1' tiaP� YT.H +[ ON
Settleable Solids 0.1 mlll 0.2 ml/l
Total Suspended Solids (Industrial Sand Minn Z 25 mg/1 45 mg/1
H Ran el -------- 6.0—9.0
Turbidity Freshwater non-trout streams ------- 50 NTU
Turbidity on-trout lakes and saltwaters -------- 25 NTU
Turbidity Trout waters ------- 10 NTU
Footnotes:
1 The pH range for saltwater is 6,8-8.5. Designated swamp waters can have a pH as low as 4.3 if due to natural
conditions.
2 Monthly Average Limit for discharges to waters designated as HQW waters is 20 mg/l
5. EMP Conditions
a) The permittee shall utilize best management practices to ensure that contaminants do not
enter the surface waters as a result of blasting at the site.
b) The permittee shall obtain authorization from the Director prior to utilizing any chemical
flocculants.
6. Residual Management
The residuals generated from treatment facilities used to meet the effluent limitations must be
disposed of in accordance with applicable standards and in a manner such as to prevent any
pollutants from such materials from entering waters of the state or navigable waters of the United
States.
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i iPermit No. NCG020000
PART IV STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL
PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1, Compliance Schedule
a. The permittee shall comply with Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
(1) For Discharge From Process Areas and Vehicle Maintenance Activities:
(a) Existing Facilities with First Stormwater Permit. Develop and implement BMPs
and stormwater controls as appropriate within the first 12 months of permit
coverage.
(b) Proposed Facilities. Develop and implement BMPs and stormwater controls, as
appropriate prior to beginning mining operations.
(2) For Discharges From Land Disturbance Activities:
(a) Existing Facilities with First Storm.water Permit. Implement BMPs and
stormwater controls as appropriate, on the effective date of permit coverage.
(b) Proposed Facilities. Develop and implement BMPs and stormwater controls as
appropriate prior to beginning land disturbance activity.
b. The permittee shall comply with Effluent Limitations for wastewater discharges by the
effective date of the permit unless otherwise specified in the permit.
2. Duty to CompIY
The permittee must comply with all conditions of this general permit. Any permit
noncompliance constitutes a violation of the Clean Water Act and is grounds for
enforcement action; for certificate of coverage termination, revocation and reissuance, or
modification; or denial of a certificate of coverage upon renewal application.
a. The permittee shall comply with standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if
the permit has not yet been modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates section 301, 302, 306,
307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing
any such sections in a permit issued under section 402, is subject to a civil penalty not
to exceed $27,500 per day for each violation. Any person who negligently violates
such sections, or any permit condition or limitation is subject to criminal penalties of
$2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or
Part IV Page 1 of 1 I

Permit No. NCG020000
both. In the case of a second or subsequent conviction for a negligent violation, a
person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. Any person,who
knowingly violates such sections, or any permit conditions or limitations is subject to
criminal penalties of$5,000 to $50,000 per day of violation, or imprisonment for not
more than 3 years, or both. In the case of a second or subsequent conviction for a
knowing violation, a person shall be subject to criminal penalties of not more than
$100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any
person who knowingly violates such sections, or any permit conditions or limitations,
and who knows at that time that he thereby places another person in imminent danger
of death or serious bodily injury, shall, upon conviction, be subject to a fine of not
more than $250,000 or imprisonment of not more than 15 years, or both. In the case
of a second or subsequent conviction for a knowing endangerment violation, a person
shall be subject to a fine of not more than$500,000 or by imprisonment of not more
than 30 years, or both. An organization (as defined in section 309 of the Clean Water
Act) shall, upon conviction of violating the imminent danger provision, be subject to
a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or
subsequent convictions. Also, any person who violates a permit condition may be
assessed an administrative penalty not to exceed $11,000 per violation with the
maximum amount not to exceed $I37,500. [Ref: Section 309 of the Federal Act 33
USC 1319 and 40 CFR 122.41(a).]
C. Under state law, a daily civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation may be assessed against any person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit. [Ref: North Carolina General Statutes 143-215.6A]
d. Any person may be assessed an administrative penalty by the Director for
violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act. Administrative penalties for Class I violations are not to
exceed $11,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $27,500. Penalties for Class II violations are not to exceed
$11,000 per day for each day during which the violation continues, with the
maximum amount of any Class Il penalty not to exceed $137,500.
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this general permit which has a reasonable likelihood of adversely affecting
human health or the environment.
4. Civil and Criminal Liability
Except as provided in Section C of this part regarding bypassing of stormwater control
facilities, nothing in this general permit shall be construed to relieve the permittee from
any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-
Part IV Page 2 of 11

+ • Permit No. NCG020000
215.3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC
1319. Furthermore, the permittee is responsible for consequential damages, such as fish
kills, even though the responsibility for effective compliance may be temporarily
suspended.
5. Oil and Hazardous Substance Liabilit
Nothing in this general permit shall be construed to preclude the institution of any legal
action or relieve the permittee from any responsibilities, liabilities, or penalties to which
the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this general permit does not convey any property rights in either real or
personal property, or any exclusive privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any infringement of Federal, State or local
laws or regulations.
7. Severability
The provisions of this general permit are severable, and if any provision of this general
permit, or the application of any provision of this general permit to any circumstances, is
held invalid, the application of such provision to other circumstances, and the remainder
of this general permit, shall not be affected thereby.
$. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the certificate of coverage issued pursuant to this
general permit or to determine compliance with this general permit. The perrnittee shall
also furnish to the Director upon request, copies of records required to be kept by this
general permit.
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
general permit shall, upon conviction, be punished by a fine of not more than$10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
10. Penalties for Falsification of Reports
Part IV Page 3 of 11

Permit No, NCG020000
The CIean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this general permit, including monitoring reports or reports of
compliance or noncompliance shall, upon conviction, be punished by a fine of not more
than $10,000 per violation, or by imprisonment for not more than two years per violation,
or by both,
SECTION B: GENERAL CONDITIONS
1. General Permit Expiration
The perrittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall
submit forms and fees as are required by the agency authorized to issue permits no later
than 180 days prior to the expiration date. Any permittee that has not requested renewal
at least 180 days prior to expiration, or any permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration,will be
subjected to enforcement procedures as provided in NCGS §143-2153.6 and 33 USC
1251 et.seq.
2. Transfers
The certificate of coverage issued pursuant to this general permit is not transferable to any
person except after notice to and approval by the Director. The Director may require
modification or revocation and reissuance of the certificate of coverage to change the
name and incorporate such other requirements as may be necessary under the Clean
Water Act.
3. When an Individual Permit May be Re uired
The Director may require any owner/operator authorized to discharge under a certificate
of coverage issued pursuant to this general permit to apply for and obtain an individual
permit or coverage under an alternative general permit. Any interested person may
petition the Director to take action under this paragraph. Cases where an individual
permit may be required include, but are not limited to, the following:
a. The discharger is a significant contributor of pollutants;
b. Conditions at the permitted site change, altering the constituents and/or
characteristics of the discharge such that the discharge no longer qualifies for a
general permit;
C. The discharge violates the terms or conditions of this general permit;
d. A change has occurred in the availability of demonstrated technology or practices
for the control or abatement of pollutants applicable to the point source;
Part IV Page 4 of 11

Permit No. NCG020000
e. Effluent limitations are promulgated for the point sources covered by this general
permit;
f. A water quality management plan containing requirements applicable to such
point sources is approved after the issuance of this general permit.
g. The Director determines at his own discretion that an individual permit is
required.
4. When an .Individual Permit May be Requested
Any permittee operating under this general permit may request to be excluded from the
coverage of this general permit by applying for an individual permit. When an individual
permit is issued to an owner/operator the applicability of this general permit is
automatically terminated on the effective date of the individual permit.
5. Sanatory Requirements
All applications, reports, or information submitted to the Director shall be signed and
certified.
a. All notices of intent to be covered under this general permit shall be signed as
follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of
this Section, a responsible corporate officer means: (a) a president,
secretary, treasurer or vice president of the corporation in charge of a
principal business function, or any other person who performs similar
policy or decision making functions for the corporation, or(b) the manager
of one or more manufacturing production or operating facilities employing
more than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively, or
(3) For a municipality, State, Federal, or other public agency: by either a
principal executive officer or ranking elected official.
b. All reports required by the general permit and other information requested by the
Director shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
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• Permit No. NCG020000
(2) The authorization specified either an individual or a position having
responsibility for the overall operation of the regulated facility or activity,
such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or
position having overall responsibility for environmental matters for the
company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
C. Any person signing a document under paragraphs a. or b. of this section shall
make the following certification:
"I certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
6. General Permit Modification,_Revocation and Reissuance, or Termination
The issuance of this general permit does not prohibit the Director from reopening and
modifying the general permit, revoking and reissuing the general permit, or terminating
the general permit as allowed by the laws, rules, and regulations contained in Title 40,
Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-
215.1 et. at.
After public notice and opportunity for a hearing, the general permit may be terminated
for cause. The filing of a request for a general permit modification, revocation and
reissuance, or termination does not stay any general permit condition. The certificate of
coverage shall expire when the general permit is terminated.
7. Certificate of Coverage Actions
The certificate of coverage issued in accordance with this general permit may be
modified, revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any general permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
l. Proper Operation and Maintenance
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The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances)which are installed or used by the
permittee to achieve compliance with the conditions of this general permit. Proper
operation and maintenance also includes adequate laboratory controls and appropriate
quality assurance procedures. This provision requires the operation of back-up or
auxiliary facilities or similar systems which are installed by a permittee only when the
operation is necessary to achieve compliance with the conditions of the general permit,
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with
the condition of this general permit.
3. Bypassing of Stormwater or Wastewater Control Facilities
I
Bypass is prohibited and the Director may take enforcement action against a permittee
for bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary
control facilities, retention of stormwater or maintenance during normal periods of
equipment downtime or dry weather. This condition is not satisfied if adequate
backup controls should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal periods
of equipment downtime or preventive maintenance; and
C. The permittee submitted notices as required under Section E of this part.
If the Director determines that it will meet the three conditions listed above, the Director
may approve an anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of
the volume and nature of the permitted discharge. Analytical sampling shall be
performed during a representative storm event. Samples shall be taken on a day and time
that is characteristic of the discharge. All samples shall be taken before the discharge
joins or is diluted by any other waste stream, body of water, or substance. Monitoring
points as specified in this permit shall not be changed without notification to and
approval of the Director.
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Permit No. NCG020000
2. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected
pursuant to the requirements of this general permit, the permittee shall record the
following information:
a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or
maintenance activity;
C. The date(s) analyses were performed;
d. The individuals) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-2I5.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this general permit, all test procedures
must produce minimum detection and reporting levels and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure.
5. Non-Stormwater Discharges
If a monitored storm event coincides with a non-stormwater discharge, the permittee shall
separately monitor all parameters as required under the non-stormwater discharge permit
and provide this information with the stormwater discharge monitoring report.
6. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater
discharges that are required to be sampled, the permittee may petition the Director for
Part N Page 8 of 11

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Permit Na. NCG020000
representative outfall status. If it is established that the stormwater discharges are
substantially identical and the permittee is granted representative outfall status, then
sampling requirements may be performed at a reduced number of outfalls.
7. Records Retention
Qualitative monitoring shall be documented and records maintained at the facility.
Copies of analytical monitoring results shall also be maintained on-site. The permittee
shall retain records of all monitoring information, including all calibration and
maintenance records and all original strip chart recordings for continuous monitoring
instrumentation, and copies of all reports required by this general permit for a period of at
least 5 years from the date of the sample, measurement, report or application. This period
may be extended by request of the Director at any time.
8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this general
permit;
b. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this general permit,
C. Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this
general permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring general
permit compliance or as otherwise authorized by the Clean Water Act, any
substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
1. Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the
Division on Discharge Monitoring Report forms provided by the Director. Submittals
shall be received by the Division no later than 30 calendar days after the end of the
reporting period.
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Permit No. NCG020000
Documentation of the qualitative monitoring associated with the initial analytical
monitoring event shall be included with the required analytical monitoring submittal for
the first year of the permit coverage.
Analytical results from sampling during the final year of the permit term shall be
submitted with the permit renewal application.
2. Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following
address:
Central Files
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2)or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms
shall be available for public inspection at the offices of the Division of Water Quality. As
required by the Act, analytical data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the imposition of criminal
penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this general permit coincides with a non-
stormwater discharge, the permittee shall separately monitor all parameters as required
under the non-stormwater discharge permit and provide this information with the
stormwater discharge monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes
at the permitted facility which could significantly alter the nature or quantity of pollutants
discharged. This notification requirement includes pollutants which are not specifically
listed in the general permit or subject to notification requirements under 40 CFR Part
122.42 (a).
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• Permit No. NCG020000
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes
at the permitted facility which may result in noncompliance with the general permit
requirements.
7. Bypass
a. Anticipated bypass. If the permittee ]mows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of
becoming aware of an unanticipated bypass.
8. Twenty-four Hour Reporting
The permittee shall report to the DWQ central office or the appropriate DWQ regional
office any noncompliance which may endanger health or the environment. Any
information shall be provided orally within 24 hours from the time the permittee became
aware of the circumstances. A written submission shall also be provided within S days of
the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to resume; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The following shall be included as information which must be reported within 24 hours
under this paragraph:
(I) Any unanticipated bypass which exceeds any effluent limitation in the general
permit.
(2) Any upset which exceeds any effluent limitation in the general permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed
by the Director in the general permit to be reported within 24 hours.
The Director may waive the written report on a case-by-case basis if the oral report has
been received within 24 hours.
9. Other Noncompliance
The permittee shall report all other instances of noncompliance not reported under the 24-
hour reporting requirement at the time monitoring reports are submitted.
10. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a Notice
of intent to be covered under this general permit or in any report to the Director, it shall
promptly submit such facts or information.
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Permit No. NCG020000
PART V LIMITATIONS REOPENER
This general permit shall be modified or alternatively, revoked and reissued, to comply with any
applicable effluent guideline or water quality standard issued or approved under Sections 302(b)
(2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water
quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in
the general permit, or
b. Controls any pollutant not limited in the general permit.
The general permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.
PART VI ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in a timely manner in accordance with
15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Certificate of
Coverage.
PART VII DEFINITIONS
1. Act
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values
divided by the number of individual values.
3. Allowable Nan-Stormwater Dischar es
This permit regulates, in part, stormwater discharges. Non-stormwater discharges which
shall be allowed in the stormwater conveyance system are:
(a) A11 other discharges that are authorized by a non-stormwater NPDES permit.
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Permit No. NCG020000
(b) Uncontaminated groundwater, foundation drains, air-conditioner condensate
without added chemicals, springs, discharges of uncontaminated potable water,
waterline and fire hydrant flushings, water from footing drains, flows from
riparian habitats and wetlands.
(c) Discharges resulting from fire-fighting or fire-fighting training.
4. Best Management Practices MPs
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs may take the form of a process, activity, or physical structure.
5. Bypass
A bypass is the known diversion of stormwater or wastewater from any portion of a BMP
or control facility including the collection system, which is not a designed or established
operating mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a
single above ground storage container having a capacity of greater than 660 gallons or
with multiple above ground storage containers located in close proximity to each other
having a total combined storage capacity of greater than 1,320 gallons.
7. Certificate of Covera e
The Certificate of Coverage (CQC) is the cover sheet which accompanies the general
permit upon issuance and lists the facility name, location, receiving stream, river basin,
effective date of coverage under the permit and is signed by the Director.
8. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
9. Division or DWQ
The Division of Water Quality, Department of Environment, and Natural Resources.
10. Director
The Director of the Division of Water Quality, the permit issuing authority.
11. EMC
The North Carolina Environmental Management Commission.
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Permit No. NCG020000
12, Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
13. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean
Water Act.
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and
which is not a land treatment facility, a surface impoundment, an injection well, a
hazardous waste long-term storage facility or a surface storage facility.
15. Municipal Sgparate Storm Sewer System
A stormwater collection system within an incorporated area of a local government such as
a city or town.
16. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the
facility's notice of intent to seek coverage under a general permit.
17. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral
deposit, excluding topsoil or similar naturally occurring surface materials that are not
disturbed by mining operations.
19. Permittee
The owner or operator issued a certificate of coverage pursuant to this general permit.
19. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited
to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which
stormwater is or may be discharged to waters of the state.
20. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at
least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A
single storm event may contain up to 10 consecutive hours of no precipitation. For
Part V, VI and VII Page 3 of 7
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Permit No. NCG020000
example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours.
21. Re resentative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is
representative of the discharges at multiple outfalls, the DWQ may grant representative
outfall status. Representative outfall status allows the permittee to perform analytical
monitoring at a reduced number of outfalls.
22. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial
activity. Rinse waters from vehicle and equipment cleaning areas are process
wastewaters and do not include washwaters utilizing any type of detergent or cleaning
agent.
23. Secondary-Containment
Spill containment for the contents of the single largest tank within the containment
structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event.
24. Section 313 Water Priorily Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
Planning and Community Right-to-Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III,
Section 313 reporting requirements; and
C. Meets at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic
priority pollutants), Table III (certain metals, cyanides, and phenols) or
Table IV (certain toxic pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the
CWA at 40 CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water Quality
criteria.
Part V, VI and VII Page 4 of 7

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• •
� Permit No. NCG020000
25. Severe Pro ert D
-2amagge
Means substantial physical damage to property, damage to the control facilities which
causes them to become inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in production.
26. Si f cant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents,
and plastic pellets; finished materials such as metallic products; raw materials used in
food processing or production; hazardous substances designated under section 101(14) of
CERCLA; any chemical the facility is required to report pursuant to section 313 of Title
III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that
have the potential to be released with stormwater discharges.
27. SigLifficant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of
reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and.
CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4).
28. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
29. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying
stormwater and which is directly related to manufacturing, processing or raw material
storage areas at an industrial site. Facilities considered to be engaged in "industrial
activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not
include discharges from facilities or activities excluded from the NPDES program.
30. Stormwater Pollution Prevention Plan
A comprehensive site-specific plan which details measures and practices to reduce
stormwater pollution and is based on an evaluation of the pollution potential of the site.
31. Ten Year Design Storm
The precipitation event of a duration which will produce the maximum peak rate of
runoff for the watershed of interest resulting from a rainfall event of an intensity expected
to be equaled or exceeded, on the average, once in ten years.
Part V, VI and VII Page 5 of 7

� Permit No. NCG020000
32, Total Flow
The flow corresponding to the time period over which the sample collection occurs.
Total flow shall be either; (a) measured continuously, (b) calculated based on the amount
of area draining to the outfall, the amount of built-upon (impervious) area, and the total
amount of rainfall, or(c) estimated by the measurement of flow at 20 minute intervals
during the rainfall event.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. Upset
Means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
Effect of an Upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with
technology based permit effluent limitations if the requirements of paragraph c. of this
condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
Conditions Necessary for a Demonstration of Upset
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence that;
(1) An upset occurred and that the pennittee can identify the cause(s) of the upset;
(2) The permitted facility was at the time being properly operated; and
(3) The pen-nittee submitted notice of the upset as required in Part IV, E. 8 of this
general permit.
(4) The permittee complied with any remedial measures required under Part H, A. 2.
of this general permit.
Burden of Proof
In any enforcement proceeding the permittee seeking to establish the occurrence of an
upset has the burden of proof.
Part V, VI and VII Page 6 of 7

�• • Permit No. NCG020000
35. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations.
36. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported
by water, air, gravity, or ice from its site of origin which can be seen with the unaided
eye.
37. 25- year, 24-hour_storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the
average, once in 25 years.
Part V, VI and VII Page 7 of 7

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Aqua Fresh Farms
Subject: Aqua Fresh Farms
From: "Elizabeth Nelson" <[e-mail]>
Date: Thu, 29 Jan 2009 15:04:16 -0500
To: "'Judy Wehner"' <Judy.Wehner cr ncmail.net>
CC: "'Kimberly Holmes"' <[e-mail]>
Judy:
Please void the request for transfer of Aqua Fresh Farm, LLC mine (permit
#10-53) to Wrights Hauling & Excavation, Inc. dated December 29, 2008. In
addition, please void the previous request of modification and transfer to
LM McLamb & Son.
The intent of Aqua Fresh Farm, LLC is to submit a modification request in
their name for an expansion of the mine. This package will be forwarded to
you upon completion.
Please call me with any questions. Thanks,
image00l.jpg Content-Type: image/jpeg
Content-Encoding: base64
E of 1 1/29/2009 3:15 PM

MINING CHECKLIST FOR KOUTI_NG�Nto
A licarrt's Name: 1,bl� rf' AO Pro'ect Name: � Az�
PP J V
ApplicJPermit No.: kL6 County: Date Received: �� v
Reviewer:�f River Basin Name: _
❑New ❑Renewal 0 Modification (inside ermit boundaries)
❑Modification (outside permit boundaries) . (inside
❑ Release
❑Partial Release r Additional information ❑Fee Needed: $
Fee Received: $ l UL.
�f3 J, R,egionaf Office (2 complete copies; arch the"LQS Regional
Office Mining Application Review Checklist"to one copy and attach l�the DWQ and PAO
"Mining Application Review Form"to the other copy, send both copies to th�gional Engineer)
Date: Routed 1) -R► Reed
❑Division of Water Resources Date: Routed Reed
❑NC WjWlife Resources Commission Date: Routed Reed
© U5 Fish &Wildlife 5ervice Date: Routed Reed
(Only new applications and modification requests that add land to the permit)
❑Division of Parks & Racreation Date: Routed Reed
E NC Geological Survey 5ection Date: Routed Reed
(Oniy new applications and modification requests that add land to the permit)
❑Division of Archives & History Date: Routed Reed
(Only new applications)
❑Other. Date: Routed Reed
**5u5penec Date for Comments: 1 aI o (no Eater than.25 days
from receipt)
0 Please note the following:

.�n�•.��.-T1'�1A�7k�� -t"e�?'-'�- -rl�`T- �-• .z . .. 6=' --:•.lSe..�C+'smRfi„.�i�tX•
6107
BOWMAN DESIGN & ENGINEERING SERVICES PA
143 3 HOLDEN BEACH 90
SHALLOTTE, NC 28470 68-30/'5 DATE q ��
353
PAY
ORDER OF .� - - - - I 1�©. oz
dOLLARS
First Citizens
Bank
nretrklzeno.corn
OR

_ BOWMAN DE,SJN
& ENGINEER-IIPG
SERVICES , PA
143 Holden Beach Road, Suite 3, PO Box 748, Shallotte, North Carolina 28459
Phone: [phone] Fax: [phone]
December 29, 2008
Ms. Judy Wehner
Division of Land Resources RECEWE-D
NC Department of Environment and Natural Resources
1612 Mail Service Center DEC U 12000
Raleigh, North Carolina 27699-1612
Subject: Aqua Fresh Farm. LLC (Permit# 10-53) LAND QUALITY SECTION
Shallotte, Brunswick County
Dear Ms. Wehner:
Enclosed is a request to transfer the existing mine permit for Aqua Fresh Farms,
LLC to Wrights Hauling&Excavation, Inc. This request is to replace the existing
request your office has to modify the permit. Enclosed to complete this request is
the following information:
1. A letter from the proposed new permittee requesting the transfer.
2. The first 3 pages of the mining permit completed by the proposed
mine permittee.
3. The executed land entry agreement.
4. A mine map as permitted showing the name of the proposed new
permittee.
5. A letter from the existing permittee requesting the transfer.
6. A check for$100 for the processing fee.
7. A completed bond calculation worksheet.
Please contact our office for any additional information.
Sincerely,
E - beth M. Nelson, PE
Enclosures
cc: File: 0363 —Holmes Mining Permit

APPLICATION FOR A MINPIG PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range
of$500 to $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. Please insert the approximate acreage, for each
aspect o the min iniz operation, that vou intend to a ect during the li e o this minjag permit in addition lease
insert the QpDrWriate reclamation cost/acre or each category from the Schedule of Reclamation Costs
r vided with this application orm OR You can de er to the De artment to calculate our bond or you based
upon your maps and standardreclamation casts:
AFFECTED RECLAMATION RECLAMATION
CATEGORY ACREAGE COST/ACRE* COST
Tailings/Sediment Ponds: Ac. X $ /Ac. — $
Stockpiles: Ac. X $ /Ac. — $
Wastepiles: Ac. X $ /Ac. — $
Processing Area/Haul Roads: 0.55 Ac. X $ 1,800 /Ac. _ $ 990
Mine Excavation: 5.96 Ac. X $ 500 /Ac. _ $ 2,980
Other: Ac. X $ /Ac. $
TOTAL AFFECTED AC.: 6.51 Ac.
(TOTAL PERMITTED AC.: 7.59 Ac.)
Temporary& Permanent Sedimentation& Erosion Control Measures:
Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into
proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will
e needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands.
a) Internal Drainage 6.51 Ac.
b) Positive Drainage Ac. X $1,500.00 = $
SUBTOTAL COST: $ _ 3,970
Inflation Factor:
0.02 X SUBTOTAL COST: $ 79.40 X Permit Life (1 to 10 years): 10
INFLATION COST: $ 794
TOTAL COST = SUBTOTAL COST+ INFLATION COST - $ 41764
Total Reclamation Boast Cost: $ 4,700
(round down to the nearest $100.00)
- 14-

1, Timothy C. Wright, President of Wrights Hauling & Excavation, Inc, request that the
following mine be transferred into my name:
Current Mine Name: Aqua Fresh Farms, LLC Mine
Current Mine Permit#: 10-53
Permit Acreage: 7.59 acres
Mine Location: 777 McMilly Road, Shallotte NC 28459
Proposed Mine Name:Wrights Borrow Pit
Proposed Mine Permittee: Wrights Hauling &Excavation, Inc.
I accept any and all responsibilities and liabilities with respect to the Mining Act of 1971.
A& A P� -1) �
imothy C. W ght, President
C�m�W -Olt Z ou
Date

•
1, Kimberly F. Holmes, Managing Member of Aqua Fresh Farms, LLC, request that the
following mine be transferred into the name of Wrights Hauling& Excavation, Inc.:
Current Mine Name: Aqua Fresh Farms, LLC Mine
Current Mine Permit#: 10-53
Permit Acreage: 7.59 acres
Mine Location: 777 McMilly'Road, Shallotte NC 28459
Proposed Mine Name:Wrights Borrow Pit
Proposed Mine Permittee: Wrights Hauling & Excavation, Inc.
imberly 136Holmes, Managing Member
� 1 . 70(D9
Date

APPLICATION FOR A MIAG PERMIT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine Wrights Borrow Pit County Brunswick
Diver Basin Lumber
Latitude (decimal degrees to four places) 33.9800
Longitude (decimal degrees to four places) 78,4233
2. Name of Applicant* Wri hts Hauling& Excavation Inc.
3. Permanent address for receipt of official mail** P.O. Box 453 Shallotte NC 28459
Telephone [phone] Alternate No._� ), _
4. Mine Office Address. 777 McMilly Road, Shallotte,NC 28.470
Telephone (_ )
5. Mine Manager Timothy C. Wright
We hereby certify that all details contained in this Permit Application are true and correct to the best of our
knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit
revocation.
***Signature C' Date November 24 2008
Print Name Timothy C. Wright
Title President
* This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond (security) that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
**# Signature of company officer required.
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a
complete application or, if a public bearing is held, within 30 days following the hearing and the filing of any
supplemental information required by the Department. All questions must be addressed and all required maps
provided before this application can be considered complete. Attach additional sheets as needed.
- 1 -

APPLICATION FOR A MISG PERMIT
Iw
NOTE: All of the following questions must be thoroughly answered regarding your mining operation for
the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
I. Answer all of the following that apply:
❑ If this is an application for a NEW permit,indicate the total acreage at the site to be covered by the
permit(this is the acreage that Ta `new permit" fee will be based upon):
Of this acreage, how much is owned and how much is leased? Acres owned:
Acres leased: Property owner if leased:
❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and
the total (overall) acreage covered y the existing permit: Mining Permit No.:
Total permitted acreage (this is the acreage that the "renewal" fee will be based upon):
❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit
number and the total (overall) acreage covered y the existing permit. .
Mining Permit No.: Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
Yes ❑ No ❑. if yes, indicate the acreage to be covered by this modification(this is the acreage
that the "major modification" fee will be based upon):
Does the modification involve acreage outside the previously approved permitted boundary?
Yes ❑ No F. 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(i.e.: disturbed,
ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a"minor modification"
fee of $100.00 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):
® If this is an application for TRANSFER of a mining permit, indicate the mining permit number and
the total (overall) acreage covered y the existing permit.
Mining Permit No.: 10-53 Total permitted acreage: 7.59
SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE
PAID FOR THE REQUESTED PERMIT ACTIONS) AND CORRESPONDING ACREAGE NOTED
ABOVE
2. Name of all materials mined: sand, clay, marl
3. Mining method:
❑ Hydraulic Dredge ❑ Front-end Loader & Truck ® Shovel & Truck
Dragline & Truck Self-loading Scraper
Other(explain):
4. a. Expected maximum depth of mine (feet) 48
Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.)
b. Expected average depth of mine(feet) 32
-2-

r � •
APPLICATION FOR A MINI* PERMIT
5. Has any area(s) at this site been mined in the past? Yes ® No ❑
If yes, when and by whom was this activity conducted? Under existing permit
6. Number of years for which the permit is requested (l 0 years maximum): 10
B. MAPS
1. Clearly mark and label the location of your mining operation on six 6 copies of a 7.5-minute quadrangle
and a county highway map. These maps, in addition to six(6) copies of all mine maps and reclamation
maps, must be submitted with each permit application.
7.5-minute quadrangles may be obtained from the N.C. Geological Survey:
Mailing Address: Physical Address:
1612 Mail Service Center OR 512 North Salisbury Street, 5L Floor
Raleigh,North Carolina 27699-1612 Raleigh, North Carolina 27604
[phone]
www.geology.enr.state,nc,us/
County highway maps may be obtained from the N.C. Department of Transportation:
North Carolina Department of Transportation—Geographic Information Systems (GIS)
Mailing Address: Physical Address:
NCDOT GIS Unit NCDOT GIS Unit
1587 Mail Service Center 3401 Carl Sandburg Court
Raleigh, North Carolina 27699-1587 Raleigh, North Carolina 27610
[phone]
www.ncdot.orgZit/gisContact/default.htrnl
2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged
topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the
maps along with their corresponding(approximate) acreage. As a reminder,mining permits can
only be issued for up to 10 years; thus, all 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, at a
minimum:
a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located
including easements and rights-of-way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.
d. Outline and width of all buffer zones (both undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
f. Outline and acreage of all stockpile areas.
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.
Outline and acreage of all settling and/or processing wastewater ponds.
Location and acreage of all jplanned and existing access roads and on-site haul roads.
1. Location of planned and existing on-site buildings.
m. Location and dimensions of all proposed sediment and erosion control measures.
n. Location of 100-year floodplain limits and wetland boundaries.
o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of
the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of
the mining permit boundary, must be provided on the mine map.
-3 -

{
APPLICATION FOR A MINA PERMIT
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands
or operation during regular business hours for the purpose of making necessary field inspections or investigations as
may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56.
We further grant to the Department or its appointed representatives the right to make whatever entries on the
land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry
out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S.
74-59.
LANDOWNER: APPLICANT:
Signature: Z!Ld-
W1-4P1Vj0nature:
Print Name: Timothy C Wright President Print Name: Timothy C. Wright
(Title, if applicable)
Company Wrights Hauling & Excavation Inc. Title: President
(If applica e)
Address: P.O. Box 249 Company: Wrights Hauling& Excavation, Inc.
Claredon,NC 28432 Mine Name: Wrights Borrow Pit
Telephone: (910 ) 234-4511 Telephone: (910 ) 234-4511
Date Signed: December 01,2008 _ Date Signed: ^ December 01, 2008
*Signature must be the same as the individual who signed Page i of this application.
One original and five S copies of the completed application,six 6 copies of all location maris.mine maps
and reclamation maps,and the appropriate rocessin fee(see next page for fee schedule)in the form a check
or money order payable to the North Carolina Department of Environment and Natural Resources must be
sent to the Land Quality Section Central Office_ at the address listed on the front cover of this application
form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at
[phone].

I, Timothy C. Wright, President of Wrights Hauling& Excavation,Inc, request that the
following mine be transferred into my name:
Current Mine Name: Aqua Fresh Farms, LLC Mine
Current Mine Permit#: 10-53
Permit Acreage: 7.59 acres
Mine Location: 777 McMilly Road, Shallotte NC 28459
Proposed Mine Name:Wrights Borrow Pit.
Proposed Mine Permittee: Wrights Hauling & Excavation, Inc.
I accept any and all responsibilities and liabilities with respect to the Mining Act of 1971.
imothy C. Wfight, President
C -rn�rW D 1, Z On T.
Date

I, Kimberly F. Holmes, Managing Member of Aqua Fresh Farms, LLC, request that the
following mine be transferred into the name of Wrights Hauling &Excavation, Inc.:
Current Mine Name: Aqua Fresh Farms, LLC Mine
Current Mine Permit#: 10-53
Permit Acreage: 7.59 acres
Mine Location: 777 McMilly'Road, Shallotte NC 28459
Proposed Mine Name:Wrights Borrow Pit
Proposed Mine Permittee: Wrights Hauling &Excavation, Inc.
N.
imberly olmes, Managing Member
() I !
o 3
Date

APPLICATION FOR A MINIPPERMIT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine_ %rights Borrow Pit _ County Brunswick
River Basin Lumber
Latitude (decimal degrees to four places) 33.9800
Longitude(decimal degrees to four places) 78.4233
2. Name of Applicant* Wri htg s HaHauling&_Excavation, Inc.
3. Permanent address for receipt of official mail** P.O. Box 453, Shallotte,NC 28459 _
Telephone (910)_234-4511 Alternate No,
4. Mine Office Address 777 McMilly Road, Shallotte,NC 28470
Telephone )
5. Mine Manager Timothy C. Wright
We hereby certify that all details contained in this Permit Application are true and correct to the best of our
knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit
revocation.
***Signature r C, a,21 Date _ November 24, 2008
Print Name Timothy C. Wright
Title President
* This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond (security)that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** Signature of comgany officer required.
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a
complete ap lication or, if a public hearing-is held, within 30 days following the hearing and the filing of any
supplement information required by the Department. All questions must be addressed and all required maps
provided before this application can be considered complete. Attach additional sheets as needed.
- 1 -

APPLICATION FOR A MINI PERMIT
NOTE: All of the following questions must be thoroughly answered regarding your mining operation for
th n ended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
1. Answer all of the following that apply:
❑ If this is an a,pplication for a NEW permit, indicate the total acreage at the site to be covered by the
permit(this is the acreage that�T"new permit" fee will be based upon):
Of this acreage, how much is owned and how much is leased? Acres owned:
Acres leased: Property owner if leased:
❑ If this is an application for RENEWAL of a mining permit,indicate the mining permit number and
the total (overall) acreage covered y the existing permit: Mining Permit No.:
Total permitted acreage (this is the acreage that the "renewal" fee will be based upon):
❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit
number and the total (overall) acreage covered y the existing permit.
Mining Permit No.: Total permitted acreage:
Doe a mo ification involve acreage within the previously ag�roved permitted boundary?
Yes No . If +es, indicate the acreage to be covered by this modification(this is the acreage
that a "major modification" fee will be based upon):
Doe the modification involve acreage outside the previously approved permitted boundary?
Yes s❑ 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).
Ofthis acreage to be added to the permit,will any portion of this acreage be affected(i.e.: disturbed,
ground cover removed) by the waning operation? Yes ❑ No ❑ (If no, a "minor modification"
fee of $100.00 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):
® If this is an application for TRANSFER of a mining permit,indicate the mining permit number and
the total (overall) acreage covered y the existing permit.
Mining Permit No.: 10-53 Total permitted acreage: 7.59
SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE
PAID FOR THE REQUESTED PERMIT ACTIONS) AND CORRESPONDING ACREAGE NOTED
ABOVE
2. Name of all materials mined: , sand.clay marl
3. Mining method:
❑ Hydraulic Dredge ❑ Front-end Loader&Truck ® Shovel & Truck
Dragline& Truck Self-loading Scraper
Other(explain):
4. a. Expected maximum depth of mine (feet) 48
Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.)
b. Expected average depth of mine(feet) 32
-2-

i
APPLICATION FOR A MINI PERMIT
5. Has any area(s) at this site been mined in the past? Yes ® No ❑
If yes, when and by whom was this activity conducted? Under existinp,permit
6. Number of years for which the permit is requested (I0 years maximum): 10
B. MAPS
1. Clearly mark and label the location of your mining operation on six 6 ca ies of a 7.5-minute quadrangle
and a county highway map. These maps, in addition to six(6)copies of all mine maps and reclamation
maps, must be submitted with each permit application.
7.5-minute quadrangles may be obtained from the N.C. Geological Survey:
Mailing,Address: Physical Address:
1612 Mail Service Center OR 512 North Salisbury Street, 50'Floor
Raleigh,North Carolina 27699-1612 Raleigh,North Carolina 27604
[phone]
www.ueolog+.ennstate.nc.us/
County highway maps may be obtained from the N.C. Department of Transportation:
North Carolina Department of Transportation—Geographic Information Systems (GIS)
Mailing Address: Physical Address:
NCDOT GIS Unit NCDOT GIS Unit
1587 Mail Service Center 3401 Carl Sandburg Court
Raleigh,North Carolina 27699-1587 Raleigh, North Carolina 27610
[phone]
www.ncdot.org/it/gisContact/default,htmi
2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged
topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the
maps along with their corresponding(approximate) acreage. As a reminder, mining permits can
only be issued for up to 10 years; thus, all 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, at a
minimum:
a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located
including easements and rights-of-way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.
d. Outline and width of all buffer zones(both undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
f: Outline and acreage of all stockpile areas.
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.
Outline and acreage of all settling and/or processing wastewater ponds.
Location and acreage of all Manned and existing access roads and on-site haul roads.
1. Location of planned and existing on-site buildings.
in. Location and dimensions of all proposed sediment and erosion control measures.
n. Location of 100-year floodplain limits and wetland boundaries,
o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining
permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of
the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of
the mining permit boundary, must be provided on the mine map.
-3 -

r
,w
APPLICATION FOR A MINIPPERMIT
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands
or operation during regular business hours for the purpose of malting necessary field inspections or investigations as
may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56.
We further grant to the Department or its appointed representatives the right to make whatever entries on the
Iand as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry
out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S.
74-59.
LANDOWNER: APPLICANT:
Signature: �/` nature:* Z
Print Name: Timothy C Wright,_President Print Name: Timothy C. Wright
(Title, if applicable)
Company Wrights Hauling&Excavation Inc. Title: President
(If applica e)
Address: P.O.Box 249 Company: Wrights Hauling&Excavation, Inc.
Claredon,NC 28432 Mine Name: Wrishts Borrow Pit
Telephone: (910) 234-4511 Telephone: (910 ) 234-4511
Date Signed: December 01 2008_ Date Signed: December 01, 2008
*Signature must be the same as the individual who signed Page 1 of this application.
One original and five 5 copies of the completed amilication.six 6 copies of all location maps. mine maps
and reclamation ma s a© teappropriate processingfee see next page or fee schedule)in the form a check
or money order pays a tote North Carolina Department of Environment and Natural Resources must be
sent to the Land Quality Section Central Office at the address listed on the front cover of this application
form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at
[phone].
- 18-

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OFFICE 910 755-6526 FAX [phone]
�4"""""" °�� o A SHALLOTTE, NORTH CAROLINA ► ►

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Label/Receipt Number: 7003 0500 0002 7868 1 882 Track&Confirm
Status: Delivered
Your item was delivered at 1:23 pm on April 16,2007 in SHALLOTfE, NC Enter Label/Receipt Number.
28470.A proof of delivery record may be available through your local Post
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I v€t 9/25/2007 4:0 i PM

AMA
NCDENR '
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
April t t, 2007
NOTICE OF VIOLATION OF MINING PERMIT
CERTIFIED MAIL
RETURN RECEIPT_REOUESTED
7003 0500 0002 7858 1882
Kimberly F. Holmes
PO Box 1216
Shallotte, NC 28459
RE: Mining Permit No. 10-53
Aqua Fresh Farms, LLC Mine (Holmes Borrow Pit)
Brunswick County
Lumber River Basin
Dear Ms. Holmes:
This is to inform you and your company of violations of the above referenced mining permit.
On March 27, 2007, personnel of this office inspected your mine, copy of inspection report
attached, and determined that one or more of the conditions contained in your mining permit are being
violated. The conditions being violated are as follows:
Operating Condition No. 3A: Sufficient buffer(Minimum 25 foot undisturbed) shall be maintained
between any affected land and any adjoining waterway or wetland to prevent sedimentation of that
waterway or wetland from erosion of the affected land and to preserve the integrity of the natural
watercourse or wetland.
A sufficient buffer has not been maintained between affected land and adjoining wetland.
Operating Condition No. 4C: Mining activities, including the installation and maintenance of erosion
and sedimentation control measures, shall be conducted as indicated on the mine map dated June 29,
2000 with the stipulation that a minimum 25 foot undisturbed buffer be maintained along any wetland
boundaries.
Mining activity is not being conducted as indicated on the map and the minimum buffer is not being
maintained along the wetland boundary.
1612 Mail Service Center,Raleigh, North Carolina 27699-16121919-733-45741 FAX:[phone]
512 North Salisbury Street,Raleigh North Carolina, 27604

i,
Notice of Violation of Mining Permit
Kimberly F. Holmes
April 11, 2007
Page 2 of 3
Operating Condition No. b: 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.
Exposed slopes along the wetland boundary have not been provided with ground cover devices or
structures to restrain erosion and siltation of wetlands. -
Operating Condition No. 13: The security which was posted pursuant to N.C.G.S. 74-54 in the form
of a$5000.00 Assignment of Savings Account($4,200.00 of which is required for this site) is sufficient
to cover the operation as indicated in the approved application. This security must remain in force for
this permit to be valid. The total affected land shall not exceed the bonded acreage.
The total affected land exceeds the bonded acreage.
In order to bring this site into compliance, the following corrective actions must be taken:
1. Establish and maintain a sufficient buffer between affected land and adjoining wetland.
2. Provide ground cover, devices or structures sufficient to restrain erosion on all exposed slopes.
3. Submit a revised mine plan for review and approval with appropriate fees reflecting any current
mining activities that deviate from the original mine plan. Proposed measures to control erosion
and sedimentation including design details must be provided and located on an updated mine
map.
4. Provide a bond that reflects the total affected acreage.
If the above violation is not corrected within twenty (30)days following your receipt of this
Notice, appropriate enforcement action will be taken and a civil penalty may be assessed against your
company. If a civil penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each
day of violation, beginning with the date of your receipt of this Notice of Violation (N.C.G.S. 74-64).
Other enforcement actions may include seeking an injunction, criminal penalty, revoking your permit or
bond forfeiture procedures.
The responsibility for understanding and complying with the conditions of your mining permit
rests with you. The responsibility also rests with you for notifying this office of your plans to correct the
violations.

;NaficC of Violation of Mining Permit
Kimbe?ly F. Holmes
April 11, 2007
Page 3 of 3
Please do not hesitate to contact Mr. Dan Sams, Regional Engineer, at [phone] or Mr.
t Floyd Williams, P.G. State Mining Specialist, at [phone] regarding any questions you might
have about this matter.
Very truly yours,
/ f
James D. Simons
Division of Land Resources
JDS/jnd
Attachment: Mine Inspection Report
cc: Mr. Dan Sams, P.E.
Mr. Floyd Williams, PG
Mr. Bradley Bennett-DWQ

l ... -.- ._. .. -r�,,rre. ---,.,.`-'�•.t'',�'✓.".""r�"`.'.'^y?{'Se,.. r.x-x,r:7•.;TK^:•n-g"h"'r.^^rr"_,v'-"""c.-..;J'`...�ti.-"'tw..,Yc'-4,^risl-•i'sW.w.r^^rrhrr..ti„'....,.'r- n•,..;.os+-r�,-,�,..
1
North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME - brkm o L a� Lr r,. 3 tom:t 2. MINING PERMIT # I o—53
3. OPERATOR . m Nn r i k e 17. 1-1 j Mo s . 4. COUNTY,
5. ADDRESS
6. PERMIT EXPIRATION DATE Ate.,. i k ,7 ok 0 7. RIVER BASIN L.�e,be.r
8. Person(s) contacted at site' ,►,
9. Was mine operating at time of inspect`ian? ;K Yes ❑ No 10. Pictures? Yes ❑ No
11. Date last inspected: ►o /r7s /ola 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-0-No w-
If no, explain: �' ' I C �` °�t .10
'`'
MAR_1 2007
j
Lf1iVl,.i t.3Unl.,f:,i! 3•._v a
15. Did any of the above deficiencies result in offsite damage? Yes ❑ No If yes, describe the
type and severity of the damage; SI;5�sA ArmAg L..9 Ac�
<3 Est rx4 .
16. Corrective measures needed and/or taken:
CtisJ2 f12 L -� \
c � 4 �ti} .s,',».l 4;'r `Cie ,i:L rc=111P(�'y£ .C4,
17. Other recommendations and comments: ' Ao^ a .�
.,to_Hall. _ T—A c* _ AVn _A AR6)--AQe- car C'Q 111a}_ _
� 4•►P �� r:lpr I�f� „n�i�,.t'~� ltir'�. P �yny' yY1ra✓1Gp� l��',r 'h�, `�ra1..Ar� D
7l A IQ A
18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes No (Explain) ❑ Not Reviewed
4 Z. m: i nAV-, .f�� r 11 n..nr
lA-n < 4�.Y,,� 'apt Lr.1.r�,.1 vn ham. ,R rv1'n,.:� A ;� i-�r� t�,.n. ��t m+ �-T�_k 1 t�� ti�P,I
- ,_ II — I
U!� �. C•1 r�P� n. C1 (� L`.l /a ��_ 1�`�o GI_ rA f
19. Follow-up inspection needed? Yes ❑ No Proposed.date / 1
20. No. of additional pages of Inspection Report. 21. Copy of Report sent to operato1z3/-a /01
(elate)
INSPECTED BY: S DATE o3 rv) / 01
Telephone No: (gt4 ) -19 V 11-
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

.. T
Mine Inspection Report
Holmes Borrow Pit 10-53
Brunswick County
March 27, 2007
13.
Operating Condition No. 3A: Sufficient buffer(Minimum 25 foot undisturbed) shall be
maintained between any affected land and any adjoining waterway or wetland.
■ A sufficient buffer has not been maintained between affected land and adjoining
wetland.
Operating Condition No. 4C: Mining activities shall be conducted as indicated on the
mine map dated June 29, 2000 with the stipulation that a minimum 25 foot undisturbed
buffer be maintained along any wetland boundaries.
■ Mining activity is not being conducted as indicated on the map and the minimum
buffer is not being maintained along the wetland boundary.
Operating Condition No. 6: 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 groundcover, devices or structures sufficient to restrain such erosion.
■ Exposed slopes along the wetland boundary have not been provided with
groundcover devices or structures to restrain erosion and siltation of wetlands.
Operating Condition No. 13: The total affected land shall not exceed the bonded acreage.
■ The total affected land exceeds the bonded acreage.

Lam
A
State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office • .
Division of Land Resources
Land Quality Section NCDENR
NORTH CAROLINA DEPARIMENT Or
Michael F. Easley, Governor ENVIRONMENT ANO NATURAL RE5pURCes
William G. Ross Jr., Secretary
May 10, 2005
CERTIFIED MAIL_ 7004 2890 0002 3425 2149
RETURN RECEIPT REQUESTED
Ms. Kimberly F. Holmes
Holmes Borrow Pit
214 Village Rd
Shallotte, North Carolina 28459
Re: NOTICE OF DEFICIENCY
Holmes Borrow Pit
Permit No. 10-53
Brunswick County
Dear Ms. Holmes:
On May 5,2005 an inspection of the subject mine was performed by personnel of this office(copy of inspection report
enclosed.) As you will note, deficiencies were observed that require your prompt attention.
The deficiencies discovered and the necessary corrective actions are as follows:
Operating Conditions:
Operating condition#1A:Any Wastewater, processing,or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental Management Commission.
Dewatering of pit to adjacent woods has resulted in minor off site sedimentation.
In order to comply,you must clean the adjacent woods where the sedimentation has occurred and stop all
off site dewatering unless it is accordance with your mining permit.
If the previously described deficiencies are not corrected within 30 days following your receipt of this Notice, this
matter will be referred to the Director of the Division of Land Resources in an effort to secure compliance at the site.
Please do no hesitate to contact Todd C. Walton or me at [phone] regarding any questions you may have
about this matter.
Sincerely,
Daniel Sams, P.E., M. E.
Regional Engineer
Land Quality Section
DESITCWIbfr RJECIE1WD
Enclosure: Mine Inspection Report
cc: Mr.Floyd Williams, P.G„ State Mining Specialist MAY 112005
LAND QUALITY SECTION
127 North Cardinal Drive, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer