10-54_1_Redacted

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Energy, Mineral& TRACY DAVIS
Land Resources Director
ENVIRONMENTAL OUAUTY December 7, 2017
Mr. Daniel T Russ
J P Russ & Son Inc
5621 Beach Drive SW
Ocean Isle Beach NC 28469
RE: Mining Permit No. 10-54
J P Russ & Son Inc Mine
Brunswick County
Dear Mr, Daniel T Russ:
This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the
permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4,
2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site
or for the duration of the lease term. The"life of site" means the period from the initial receipt of a permit for the operation
until the mining operation terminates and the required reclamation is completed.
Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior
expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your
part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The
mine name and permit number on the permit document, and all existing operating and reclamation conditions contained
therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new,
transferred and modified mining permits.
In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining
permit operating fee of$400 per mining permit number. By statute, the initial payment of this annual $400 fee must be
submitted to this office by December 31, 2017 —see the attached Invoice to remit the initial annual fee payment by this
deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required
Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a
$50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit.
Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any
adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action
unless you contact this office with a written request to have your bond reevaluated.
The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The
responsibility of compliance with any applicable zoning regulations remains with you.
Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy
Wehner, Assistant State Mining Specialist, or me at(919) 707-9220.
Sincerely,
I
William "Toby" Vinson, Jr., PE, CPM
Interim Director, DEMLR
State of Nui th C'arelina I 1=nvrrormentA Quality Ik ncrgy,tvlineral anal L1mcl Resaurres
512 N.Salisbury Street 1 F612 Moil Servico Center I Ralclgh.Nnrth Carolina 2Tt)c+'�Int?
91 Q 707 92 00

c
May 10, 2013
MEMORANDUM
TO: File
FROM: Brenda M. Harris, Secreta -
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
0

SENDER: COMPLETE THIS SECTiON COMPLETE THIS SECTION ON DELIVERY
■ Yompk LLB Items 1, i, and 3.FYW pl ete A. Etnature
ItemAT Restricted Delivery Is desired. x ❑ Agaffl
■ Print your-name and address on the reverse �4� ❑ Addressee
so that we can return the card to you. ud by rrted Name) . Date of De
■ Attach this card to the back of the maitpiece,
or on the from# if space Hermits. (r L
D. Is address dHlererd from item 1 ❑ Y
1. Article Addressed to; If YES, eater deilvery address below: ❑ No
MR DANIEL T RUSS-
J P R U SS & SON INC o 3. SWvlce lype
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PS Form 3811, February 2004 f r r"cl DamesW R$twn Recelpt.5 r- 1/) 1.:PN, A .t �_fi

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Sender; Please print your name, address, and Zl is box •
North Carolina Department of
Environment & Natural Resources
Land Quality Section
1612 Mail Service Center
R a 1 e i 9 h IvC 2 7 6997- I o L
1740-7401
1� 1 i1 pill 11111111111111a11111111111Ft��

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy. Mineral- and Lanni RegnEirrpc
WOP
Land Quality Section
Tracy E. Davis, PE, CPM Pat McCrory,Governor
Director John E. Skvarla, III, Secretary
May 8, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 1300 0000 1126 2973
IVI1. Daniel T. Russ
J P.Russ & Son, Inc.
5621 Beach Drive SW
Ocean Isle Beach, North Carolina 28469
RE: J P-Russ & Son Inc Mine
Brunswick County
Lumber River Basin
Dear Mr. Russ:
The application for a mining permit for the above referenced mine site has been found
to meet the requirements of G.S. 74-51 of The Mining Act of.1971. As we have received the
required security to cover this application, I am enclosing the mining permit.
The conditions of Mininq Permit No. 10-54 were based primarily upon information
supplied in the application with conditions added as necessary to insure compliance with The
Mining Act of 1971. This permit expires on May 8, 2023. G.S. 74-65 states that the issuance
of a mining permit does not supersede or otherwise affect or prevent the enforcement of any
zoning regulation or ordinance duly adopted by an incorporated city or county or by any
agency or department of the State of North Carolina.
As a reminder, your permitted acreage at this site is 5.21 acres and the amount of land
you are approved to disturb is 4.07 acres.
As we have received the $3,500,00 Assignment of Savings Account for this site, I am
returning the previously held $3,000.00 Assignment-of Savings Account to you for your
disposal.
.
1612 Mail Service Center,Raleigh, North Carolina 27699-1612•Telephone [phone] I FAX:[phone]
512 North Salisbury Street, Raleigh, North Carolina 27604-Internet;http:llportal.ncdenr.ornlwebllrlland-quality
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Certified Mail
Mr. Russ
Page Two
Please review the permit and contact Judy Wehner, Assistant State Mining Specialist,
at [phone] of any objection or questions concerning the terms of the permit.
Sincerely,
j T4
net . Boyer, P �
State Mining Specialist
\I?and Quality Section
JSBIjw
Enclosures
cc: Mr. Dan Sams, PE
Ms, Shannon Deaton -WRC, wlpermit
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
US Fish and Wildlife Service, wl permit

DEF'AKT MENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND 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:
J P Russ & Son, Inc.
J P Russ & Son, Inc. Mine
Brunswick County - Permit No. 10-54
for the operation of a
Sand Mine
which shall provide that the usefulness, productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: May 8, 2023

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
hnfh nnaratnrc harm complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74 49.
Expiration Date
This permit shall be effective from the date of its issuance until May 8, 2023.
Conditions
This permit shah be subject to the provisions of the Mining Aci, i to, 'GO S. 74-4v, et. seq., and
to the following conditions and limitations:
OPERATING CONDITIONS:
1, A. An wastewater processing or mine dewaterin shall be in accordant i Y p g g e with the
permitting requirements and rules promulgated by the N.C.' Environmental
Management,Commission,

Page 3
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 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, sediment check dams, sediment retarding structures, rip rap pits, or
ditches shall be provided in the initial stages of any land disturbance and
maintained to prevent sediment from discharging onto adjacent surface areas or
into any lake, wetland or natural watercourse in proximity to the affected land.
B. All drainage from the affected area around the mine excavation shall be divertp_c_1
internal to said excavation or into existing sediment control measures.
C. No dewatering activities shall occur at this site.
D. Mining activities shall occur as indicated on the mine map dated April 4, 2013,
mine map received by the Land Quality Section on November 15, 2012 and the
supplemental information received April 25, 2012, November 15, 2012 and April
19 gn1i
5. All mine permit boundaries (5.21 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

Page 4
may cause off-site damage because of sedimentation, shall be planted or otherwise
provided with ground cover, devices or structures sufficient to restrain such erosion.
7. 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.
F
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 minina 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 Energy, Mineral and Land
Resources considers the followingmaterials to be "mining refuse" in addition to
i g (
those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
I
1. on-site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts
5. steel reinforced air hoses
6. drill steel
D. if mining refuse is to be permanently disposed within the mining permit
boundary, the following information must be provided to and approved by the
Division of Energy, Mineral and Land Resources prior to commencement of such
disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;

Page 5
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 $3,500.00
Assignment of Savings Account (of which $3,200.00 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.
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.

f -
t
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 Bv 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
r cam_ n r
of die lad.
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 CONDI I IONS:
1. Provided further, and subject to the Reclamation schedule, the planned reclamation
shall be to restore the mine excavation to a lake area and to grade and revegetate the
adjacent disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.

Page 7
B. The side slopes-to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water lime.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall
be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Condition Nos. 10A
through D.
E. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the following:
Permanent Seedinq Specifications
Dates Species Rate, Lbs/Acre
February 15- April 1 Kobe Lespedeza 10
Bahiagrass 50
Redtop 1
Winter rye (grain) 15
April 1- July 31 Common Bermuda 50
August 1- October Lespedeza (unscarified) 30
German millet 40
October 25- February 15 Rye (grain- temporary) 120
Sail Amendments
Lime - 2000 Ibslacre or follow recommendations from a soil test.
Finrtili7Pr - 1 non Ih-,lar:re R-R-A or 10-10-10, or follow rpmrnmpnriatinm frnm a
soil test.
Mulch - All seeded areas shall be mulched using small grain straw at a rate
of 2000 Ibslacre and anchored appropriately.
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as'switch grass, Indian grass, bluestem and gamma grass.

Page 8
In addition, the permittee shall consult with a professional wildlife biologist with the N.C..
Wildlife Resources Commission to enhance post-project wildlife habitat at the site.
4 Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining.
Permit issued this 8th day of May, 2013.
Tr cy E. Davis, Director
Division tEnergy, Mineral, and Land Resources
Authority of the Secretary
Of the Department of Environment and Natural Resources
f

NOTICE OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed as an adjoining landowner
in the application for a mining permit filed by J P Russ & Son, Inc. to conduct mining activities
off SR 1154 (Hale Swamp Road) in Brunswick County. The mining permit (no. 10-54) was
issued on May 8, 2013.
North Carolina law allows persons aggrieved by the issuance of a mining permit to
contest the decision by filing a petition for a contested case in the Office of Administrative
Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA).
If you believe that you are an aggrieved party within the meaning of the APA, a petition
for a contested case must be filed in the Office of Administrative Hearings within sixty i60)
days of the mailing of this notice to you.
If you file a contested case petition, it must be in writing and in the form prescribed by
N.C. General Statutes 150B-23. File the original petition and one copy with the Office of
Administrative Hearings, 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 Mr. Lacy Presneil, Registered Agent and General Counsel, Department
of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601.
0r4cy E. Davis
tDirector
ivision of Energy, Mineral, and Land Resources
North Carolina Department of Environment and
Natural Resources
This notice was mailed on l�
Rr .nda Harris
Mining Program Secretary

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