10-74_1_Redacted

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NORTH CAROLINA
Department of Environmental Quality --
1

ROY COOPER
Governor
f,a
MICHAEL S. REGAN
Secretary
Energy,Mineral& TRACY DAVIS
Land Resources Dlrccmr
ENVIRONMENTAL QUALITY
December 1, 2017
Allen Barnhill
Barnhill Contracting Company
PO Box 7948
Rocky Mount, NC 27804
RE: Mining Permit No. 10-74
Sunny Point Road Pit t
Brunswick County
Dear Allen Barnhill:
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 55, 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
$501month late fee and could result in the denial of future permit actions and/or revocation of your mining permit.
Lastly, pursuant to GS§74-54, the cap on reclamation bonds has been raised from$500,000 to$1 million. Any
adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action
unless you contact this office with a written request to have your bond reevaluated.
The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The
responsibility of compliance with any applicable zoning regulations remains with you.
Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy
Wehner, Assistant State Mining Specialist, or me at(919) 707-9220.
Sincerely,
William"Toby"Vinson, Jr., PE, CPM.
Interim Director, DEMLR
State of North Carolina I Environmental Quality I Entrgy,Mirieta(and Land Ptc sources
512 N.Salisbury Street 1 1612 Mall Service Center I Raleigh,forth Carolina 276"1612
419707 9200

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME _ Sunny Point Rd Pit 2. MINING PERMIT# 10-74
3. OPERATOR Mr. Wesley Brown; Barnhill Contracting Co.
4. COUNTY Brunswick 5. ADDRESS 2311 North Main St Tarboro,NC 27886
6. PERMIT EXPIRATION DATE 11/29/17 7. RIVER BASIN Ca e Fear T
8. Person(s) contacted at site None—no one on site
9. Was mine operating at time of inspection? ❑ Yes N No 10. Pictures? ❑ Yes N No
It. Date last inspected: unknown 12. Any mining since last inspection? ® Yes ❑No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes N No
If no,explain: Operates Condition (OC) #5—All affected boundaries shall be permanently marked.
It did not appear that the permit boundaries had been permanently marked.
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 N No If yes, describe the
type and severity of the damage:
r
16. Corrective measures needed and/or taken: 1. Permanently mark all affected area boundaries on
100' intervals unless the line of sight allows for larger spacing intervals. Marking the boundaries will help
ensure that the proper buffers are maintained and mining is conducted in permissible.areas.
17. Other recommendations and comments: Although it does not appear to be an issue at the time of
inspection,the sediment basins have not been installed
18, Is the Annual Reclamation Report+/- map accurate? ❑ Yes ❑ No (Explain) N Not Reviewed
The 2011 ARR has not been received by this office. If it has not been submitted to the Raleigh Central
Office, please do so.
19. Follow-up inspection needed? ❑ Yes N No Proposed date
20. No. of additional pages of Inspectio 0 21. Copy of Report sent to operator 2.20.12
INSPECTED BY: Trenn James DATE 2.16.12
Telephone No: 910.796.7227
Copy to file Copy to operator Copy to Mining Specialist

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Act.SjecT►o1V

P 1 V U !f • y
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:
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From:
R.E 1 9 ;
Date: 1l
COMMENTS: ILl
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*IF YOU DO NOT RECEIVE 61L,PAGES,PLEASE TELEPHONE US IMMEDIATELY AT(919)7334574.
s

MINING
ROUTING SLIPS
JUDY W. ' �)G�1 d J
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FLOYD W. S'
MELL N:
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COMMENTS
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11/28/2087 17:25 2528230137 BARNHILL TARBORO PAGE 01
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11/28/2007 17.25 2528230137 BARNHILL TARBORO PAGE 02
Surface M ning Manual Erosion! and Sq&nant Control
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Figare 12-1. Temporary 5ediaxent Trap Detail
February 190 MWh Carafne Departmenf of Environment, Nee th end Nature!Rwouraea 12-7

11/28/2007 17:25 2528230137 BARNHILL TARBORO PAGE 03
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November 30, 2007
MEMORANDUM
TO: File
;vb
FROM: Brenda M. Harris, Secre O
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

A&A
NCDENR -
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
November 29, 2007
Mr. Wesley Brown
Barnhill Contracting Company
2311 North Main Street
Tarboro, North Carolina 27886
RE: Sunny Point Road Pit
Brunswick County
Lumber River Basin
Dear Mr. Brown:
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 your company.already
has a blanket bond sufficient to cover this application, I am enclosing the mining permit.
The conditions of Mining Permit No. 10-74 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 November 29, 2017. 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 28 acres and the amount of land
you are approved to disturb is 19 acres.
Please review the permit and contact Ms. Judy Wehner, Assistant State Mining
Specialist, at [phone] of any objection or questions concerning the terms of the permit.
Sincerely,
�A
Floyd R. Williams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRW/jw
Enclosures: Permit No. 10-74
Notice of Issuance
cc: Mr. Dan Sams, PE
Ms. Shannon Deaton -WRC, w/permit
Mr. Bradley Bennett-DWQ, w/permit
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
US Fish and Wildlife Service, w/permit
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574/FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina,27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

r
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
for the operation of a mining activity
In accordance 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:
Barnhill Contracting Company
Sunny Point Road Pit
Brunswick County- Permit No. 10-74
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: November 29; 2017

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 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 November 29, 2017.
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.

• 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 (minimum 50 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.
C. Mining activities shall occur as indicated on the mine map last revised
September 4, 2007 and the supplemental information received by the Land
Quality Section on June 13, 2007, September 12, 2007, November 8, 2007 and
November 9, 2007 and November 29, 2007.
D. No dewatering activities shall occur at this site.
5. All affected area boundaries (19 acres) shall be permanently marked at the site on 100-
foot intervals unless the line of sight allows for larger spacing intervals.

Page 4
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 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.
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. A. Sufficient buffer shall be maintained between any excavation and any mining
permit boundary to protect adjacent property.
B. Buffers shall be maintained as indicated on the mine map last revised
September 4, 2007.
10. A. No on-site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971
generated on-site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvents or their storage containers
or any other material that may be considered hazardous shall be disposed of
within the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on-site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts
5. steel reinforced air hoses
6. drill steel

Page 5
D. If mining refuse is to be permanently disposed within the mining permit
boundary, the following information must be provided to and approved by the
Division of Land Resources prior to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area,
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and,
5. verification that a permanent vegetative groundcover will be established.
11. An Annual Reclamation Report shall be submitted on a form supplied by the
Department by February 1 of each year until reclamation is completed and approved.
12. The operator shall notify the Department in writing of the desire to delete, modify or
otherwise change any part of the mining, reclamation, or erosion/sediment control plan
contained in the approved application for a mining permit or any approved revision to it.
Approval to implement such changes must be obtained from the Department prior to
on-site implementation of the revisions.
13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a
$500,000.00 blanket bond, is sufficient to cover the operation as indicated in the
approved application_ This security must remain in force for this permit to be valid. The
total affected land shall not exceed the bonded acreage.
14. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant
archaeological resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North.
Carolina Division of Archives and History.

Page o"
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.
5. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
1. Provided further, and subject to the Reclamation schedule, the planned reclamation
shall be to restore the mine excavation to a lake area and to grade and revegetate the .
adjacent disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.

Page 7
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water line.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall
be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Condition Nos. 10A
through 10D.
E. The affected land shall be graded to prevent the collection of noxious or foul
water. -
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the following:
Permanent Seeding Specifications
Dates Species Rate, Lbs/Acre
February 15-April 1 Kobe Lespedeza 10
Bahiagrass 50
Redtop 1
Winter rye (grain) 15
April 1- July 31 Common Bermuda 50
August 1- October Lespedeza (unscarified) 30
German millet 40
October 25- February 15 Rye (grain-temporary) 120
Soil Amendments
Lime - 2000 Ibslacre or follow recommendations from a soil test.
Fertilizer- 1000 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil
test.
Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000
Ibslacre and anchored appropriately.

Page 8
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post-project wildlife habitat at the site.
4. Reclamation Plan-
: Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining.
Permit issued this 29th day of November, 2007.
By:
— /�� /e/jz'ZM��
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 for a mining permit filed by Barnhill Contracting Company to conduct mining
activities off Sunny Point Road in Brunswick County. The mining permit (no. 10-74) was
issued on November 29, 2007.
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 (60)
days of the mailing of this notice to you.
If you file a contested case petition, it must be in writing and in the form prescribed by
N.C. General Statutes 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 (919) 733--0926.
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.
amen D. Simons
Director
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
This notice was mailed on
Brenda Harris
Mining Program Secretary

RE:
Subject: RE:
From: "Wesley Brown" <[e-mail]>
Date: Fri, 9 Nov 2007 06.38:37 -0500
To: "Judy Wehner" <[e-mail]>
CC: "Carol Miller" <[e-mail]>
We will be mining 20-25' . Mining will be done with hydraulic backhoes and loaded onto dump trucks. There will be
no off site dewatering. The depth will be greater than four feet below the water table.
From: Judy Wehner [mailto:[e-mail]]
Sent: Thursday, November 08, 2007 4:47 PM
To: Wesley Brown
Cc: Carol Miller
Subject: Re:
Give me more details, please. How deep will you be mining and with what type of equipment? Will
you be able to extend four feet below the water table? If you can't we'll have to seed the entire pit.
Wesley Brown wrote:
Barnhill Contracting will not do any dewatering at the Sunny Point Pit site , due to county ordinances. This is in
reference to your letter dater dated October 26, 2007.
Wesley Brown
. IIARNHILL
CONTRACTING
SCOMPANY
252-824-8287 Office
252-823-0137 Fax
The information contained in this E-mail message and any attachments
is confidential information intended only for the use of individuals or
entities named above. If the reader of this message is not the intended
recipient you are hereby notified that any dissemination, distribution
or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by
E-mail at the originating address.
The information contained in this E-mail message and any attachments
is confidential information intended only for the use of individuals or
entities named above. If the reader of this message is not the intended
recipient you are hereby notified that any dissemination, distribution
or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by
E-mail at the originating address.
1 of 1 11/9/2007 8:39 AM

I
IBEAM Permit No.:
Mine Ent Screen
�7�p
ssue date 1 elease date
-tted a
Bonded-acreage �j
on
B n�+*� 2A ao-7
tion date
tus &tAf _e,
Minim reaae screen releases
Permitted acreage in new acres reclaimed

Re:
Subject: Re:
From: Judy Wehner<[e-mail]>
Date: Thu, 08 Nov 2007 16:46:57 -0500
To: Wesley Brown <[e-mail]>
CC: Carol Miller<[e-mail]>
Give me more details, please. How deep will you be mining and with what type of equipment? Will
you be able to extend four feet below the water table? If you can't we'll have to seed the entire pit.
Wesley Brown wrote:
Barnhill Contracting will not do any dewatering at the Sunny Point Pit site , due to county ordinances. This is in
reference to your letter dater dated October 26, 2007,
Wesley Brown
■1BARNHILL
CONTRACTING
I COMPANY
252-824-8287 Office
252-823-0137 Fax
The information contained in this E-mail message and any attachments
is confidential information intended only for the use of individuals or
entities named above. If the reader of this message is not the intended
recipient you are hereby notified that any dissemination, distribution
or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by
E-mail at the originating address.
1 of 1 11/812007 4:47 PM

From: "Wesley Brown" <[e-mail]>
Date: Tue, 30 Oct 2007 16:47:59 -0400
To: "Judy Wehner" <[e-mail]>
Barnhill Contracting will not do any dewatering at the Sunny Point Pit site , due to county ordinances. This is in
reference to your letter dater dated October 25, 2007.
Wesley Brown
BARNHILL
CONTRACTING
MCOMPANY
252-824-8287 Office
252-823-0137 Fax
The information contained in this E-mail message and any attachments
is confidential information intended only for the use of individuals or
entities named above. If the reader of this message is not the intended
recipient you are hereby notified that any dissemination, distribution
or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by
E-mail at the originating address.
1 of 1 10/30/2007 4.48 PM

i ice?►
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
October 26, 2007
Certified Mail
Return Receipt Requested
7006 2760 0001 9283 8612'
Mr. Wesley Brown
Barnhill Contracting Company
2311 North Main Street
Tarboro, North Carolina 27886
RE_ Sunny Point Road Mine
Brunswick County
Lumber River Basin
Dear Mr. Brown:
We have reviewed the application request your company submitted for the referenced
mine site. However, the following information is needed to continue processing your
application.-
Provide this office with a hydrogeological study to determine any potential impacts the
dewatering activities may have regarding sinkholes along the railroad right.of way. The
study must project the cone of depression and include an inventory of any existing
sinkholes that are within 1000 feet of the mine permit boundary. Particular attention
should be given to the location of any existing sinkholes along the railroad right of way.
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
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 l 10%Post Consumer Paper

Certified Mail
Mr. Brown
Page Two
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,
qJd ith A. ehner
Assistant State Mining Specialist
Land Quality Section
cc. Mr. Dan Sams, PE

lows) csh-�C7

MINING CHECKLI5T FOR ROUTING
Applicant's Name: AlAty -1�[�4 �nk,4,hm., Project Name: P64,,k
U �
ApplicdPermit No.: County: AJ AJ1ar,-r,,L Date Received: l;L,16`7
Reviewer: l_ _I Ill�, River Bain Name:
ZNew J Renewal ❑ Modification (inside permit boundaries)
17 Modification (outside pe boundarie5) 7-1Tran5fer Ci Release
7-1 Partial Release 2ditional Information ❑ Fee Needed: $
❑Fee Received: $
-packaigle to:
�1 61 �r, r� Regional Office (2 cornpiete copies; attach the "i_Q5 FRegional
Office Mining A'FP lication Review Checklist" to one copy and attach both the DWQ and DAQ
"Mining Application Review Form"to the other copy; Send both.copie5 to the Regional Engineer)
Date: Routed a) 1 u`7 Reed
❑Division of Water Resources Date: Routed Reed
n NC Wildlife Resources Commission Date: Routed Rfz'd
u U5 Fish &Wildlife Service Date: Routed Reed
(Only new applications and modification requests that acid land to the permit)
i n in ma 12s to:
❑Division of Parks & Recreation Date: Routed Reed
❑C NC Geological Survey Section Date: Routed Reed
(Only new applications and modification reuuests that add land to the permit)
❑ Division of Archives & Hi5tory Date: Routed Rec'd
(only new applications)
❑Other. Date: Routed Reed
-**5u5pen5e Date for Comments: 10 �, U (no later than 25 day5
from receipt) I
❑Mca5e note the following:
L

❑ BARNHILL
CONTMACTING
❑ COMPANY
231 1 North Main Street
PO Box 1529
Tarboro,North Carolina 27886
252-823-1021 Fax:[phone]
www.barnhillcontracting.com
September 10, 2007
Pt- f# ��
1 S V
/''E�`Db
Ms . Judith A. Wehner SE-P �?v�/
Assistant State Mining Specialist
Land Quality Section ,AN,)QU�Ll�1
Central Office j0
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Re: Sunny Point Pit
Brunswick County, N. C.
Dear Ms . Wehner:
Please find enclosed updated maps of the Sunny Point Pit
which includes White Springs Creek as well changes to the permit
boundary which on the existing map seem to be a typographical
error. The permit boundary does not take in the railroad right-
of-way. Also enclosed is a letter from Land Management Group
concerning the wetland issues that Ms . Carol Miller requested
that we check out. We have also enclosed mail receipts from
adjoining land owners .
Should you require any additional information, please do not
hesitate to contact us .
Yours very truly,
BARNHILL CONTRACTING COMPANY
Wesley Brown
Estimator
WB/hws
Enclosure

COMPLETE • + ON
9 Complete itemsA,2,and 3.Also complete A. sign re.
item 4 if Restricted Delivery is desired. Agent
li Print your.rtame and address on the reverse X Address+
so that we can return the Card to you. B. ocely Name) C. w q Delive
e.A _ this card to the back of the mailpiece,
:.or. front If,space permits. 0
D. is deh ary address dfftesent from Item t? ❑Yes
ArEiAddiessed to:
if YES,enter delivery address beiow: ❑ No
`Marty Lawing
Brunswick County Manager
45 Courthouse Drive, NE
Bolivia,_ NC 28422 3. service Type
X$]Certified Mail ©EXPrMS Mail
❑ Registered C3 Return Receipt for Merchandi--
❑ Insured Mail Ll C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
'. Article Numtw 7006 0100 0003 4116 6207
(Trartsfar from seryke faW i
IS Form 3811, Febmary 2004 Dorestic Return Receipt
COMPLETE • COMPLETE
■ Complete items 1,2,and 3.Also complete A t j. P'�� ,t•+
item 4 if Restricted Delivery is desired. Aq
■ Printyour name and address on the reverse / J ❑Addiessr
so that we Can return the card to you. 8, by(Pri. C. Date of Dative
a Attach this card to the back of the mailpiece,
or on the front it space permits, E'Z�
D, s delivery address different from item 1? ❑Yes
I. ArtiCle Addressed N YES,enter delivery address below. ❑No
City of Sottthl)ort
201 E. Moore Street
Southppo�rt, NC 28461
3. service Type
(/ XXI Certified Mall ❑Express Mail
❑Registered ❑Return Receipt for Merchan&
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Padre Fee) ❑Yes
Arbcle Number 7007 0220 0001 7892 2252
(ram tram servto bw
IS Form 3811,February 2004 Domestic Return Receipt taxsss o2a 15
• • • r r • DELIVERY
rr Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery Is desired. ❑Ment
fi Print your name and address on the reverse X Addresu
so that we can return the card to you. B. Received by(Printed Name) C. V.f 96
1 Attach this card to the'back of the mailpiece, lot
or on the front if space permits,
Article Addressed to:� D. Is defimy address different from thorn t? ❑Yes
M YES,enter delivery address below: ❑ No
Hero4rt FAwain, Jr.
394 Riverview Road
Bolivia, NC 284"2
3. Serv10E Type
Certified Mail ❑.Expiess Mail
❑Registered ❑Return Receipt for MerctrartdL-
❑lnswed Mall ❑CA.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
Article Number 7007 0220 0001:7892 2207
(Transfer,from service fabeQ
'S`Fn+'m:l}�t� FoFv„z.,.9N1d n....+e.-•+.•o..+.,.,.o.-....+... ..,...�.,.......

SENDER::COMPLETEr • SECTION
■ Complete items 1,2,and 3.Also complete Ph
Item 4 if Restricted Delivery is desired. S7;� Age..„.•
■ Print your name and address on the reverse X ❑Address,
so that we can return the card to you. B, Remyedby(Prim ) C. of i'
■ Attach this card to the hack of the mellpiece, 1 f 7 A vr„ ,r�
or an the front If space permits. J� � ►4 XJ
D'1. Article Addressed to; Is deiivery address d'rfte"A from Item 17 ❑Yes l
^ "
/f//// .;�. It YES.errter delivery address below: [I No
Dollar Properties Three LI.0
1508 Military ,Cutoff Roam
Suite 302 11N�4
Wilmington; C 28403 3. servlcerype
C� XXCerMed Mail ❑Fxpress Main
❑Registered ❑Return Receipt for Mwchandie
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
z. Article Number. 7007 0220 0001 7892 2238
(r'ransrer from swvrce hbo
PS Form 3811,February 2004 Doffxwtic Return Receipt ti02si---W4A-15
■ER: COMPLETE THIS SECTION • ON DELIVERY
■ Complete hems 1,2,and 3.Also complete A Sin re
item 4 If Restricted Delivery is desired. X Q Age
■ Print your name and address on the reverse Q Add
so that we can return the card to you. B. ece Name) C. of iver
Attach this card to the back of the mailpiece, 7 /
or on the front if space permits. I
D. Is delivery address different from item 17 ❑Yes
I. Article Addressed to: It YES.,enter delivery address below; ❑No
Brunswick County Finance Dept.
P.O.Box 249/?
.Bolvia, Nc.1 28422 s. Service Type
' 4Certified Man ❑Egress Mall
❑Registered ❑Return Receipt for Merchandls+
j ❑ Insured Mall ❑ C.O.D.
yf 4. Restrlcted Delivery?(Fx"Fee) ©Yes
Article Number ; 7007 0220 �0001 7892 2221
frransrer front,service . . , � . . .
'S Form 3811,February 2004 Domestic Return Recent ro595-02-,4-15.
■ER: COMPLETE THIS SECTION . . ON DELIVERY
■ Complete Items 1,2,and 3.Also complete A Signatme �,
item 4 if Restricted Delivery is desired. /�J� El ant
■ Print your name and address on the reverse X } `,� ❑AddressE
so that we can retum the card to you. e, R ed by(Primed ) C, Date Of bran
■ Attach this card to the back of the mailpiece, k? 2 r
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or on the front if space permits.
D. Is delivery address dp onA from item 17 ❑Yes
1. Article Addressed to:///// If YES,enter delivery address below: ❑No
Brunswick C///ou/n)t, Airport
Commission//
104 Price'8'treee
Oak Island, NC 28465 3, Service Type
X43 Certified Mail ❑Egress Map
❑Registered ❑Return Receipt tw Merchandls
Cl Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Fxrra Fee) ❑Yes
2. Article Number 7007 0220 0001 -7892 224.5
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LMG
LAND MANAGEMENT GROUP n4c.
Environmental Consultants
September 7,2007
Wesley Brown
Barnhill Construction
P.O. Box1529
Tarboro,NC 27886
RE: Wetland/Upland Status of the Old Martin Marietta Sand Pit
Sunny Point Property, Southport,NC
Dear Wesley:
It was a pleasure meeting with you on the above noted sand mine property last week so
we could see the condition of old Martin Marietta sand mine. As discussed you needed us
to examine the existing borrow pit to determine if any 404 wetlands were present in the
mine. After walking around the old mine's perimeter it became apparent that your
company will stay within the old mining parameters on the inside of the old perimeter
ditch that surrounds the property. This old ditch was installed in non-hydric upland soils.
You also noted that you will maintain a 50 foot undisturbed buffer from these boundary
ditches and a 200 foot buffer off the rail road r/w along the eastern boundary. i did not
see any jurisdictional 404 wetlands inside these described buffer boundaries as is
described on your 6/11/07 site plan. Even the old deep borrow holes found on the site
were dry with non-hydric sub-soils that did not meet the 1987 regional indicators for
wetlands. The same applies to the small swale than you must cross from the Sunny Point
Road. This was mapped by our firm years ago as having the potential of exhibiting
wetland conditions but upon closer inspection with hand auger bore holes the regional
mucky modifer was not present.
In summary it is my opinion that there are no direct 404 wetland impacts within the
proposed mining area or 50' wide entrance road. Care should be taken when mining and
dewatering to avoid indirect impacts to adjacent wetland systems. Thank-you for
allowing us to review the wetland/upland conditions on this site.
Sincerely,
Rob Moul, MEM
Environmental Consultant
Enclosures: Old aerial
www.lmgroup.net • [e-mail] • Phone: [phone] Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

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