10-93_1_Redacted

ROY COOPER
r Governor
MICHAEL S. REGAN
C.
Secretary
Energy, Mineral& TRACY DAVIS
Land Resources rJfr'rcror
ENVIRONMENTAL OVALITY
December 1, 2017
Hardee Enterprises of NC LLC
Hardee Enterprises of NC LLC
131 Houghton Place SW
Sunset Beach, NC 28468
RE: Mining Permit No. 10-93
Lennon Sand Mine
Brunswick County
Dear Hardee Enterprises of NC LLC:
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 reining 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
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North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
February 12, 2016
Mr. Randy D. Hardee
131 Houghton Place SW
Sunset Beach, North Carolina 28468
Re: Lennon Sand Mine
Brunswick County
Lumber River Basin
Dear Mr. Hardee:
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 Mining Permit No. 10-93 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 February 12, 2026. 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 19.41 acres and the amount of
land you are approved to disturb is 12.6 acres.
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,
f
e . Boyer, P
S to Mining Specialist
nd Quality Section
JSBIjw
Enclosures
cc: Mr. Dan Sams, PE
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
1601 Mail Service center,Raleigh,North Carolina 27699-1601
Phone:[phone]CO 1 Internet:www.ncdenf.gov
An Equal OpportunilylAifirmative Action Employer—Made in part by recycled paper "

DEPAK I IVILN I OF ENVIHONMVIENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
LAND QUALITY SECTION
PERMIT
fnr thin nnaratinn of a min inn nr+ivi+v
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:
Randy D. Hardee
Lennon Sand Mine
Brunswick County - Permit No. 10-93
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.
y
• A
MINING PERMIT EXPIRATION_DATE: February 12, 2026 I
3

Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environmental Quality, hereinafter referred to as the Department, and in
conformity with the approved Reclamation Plan attached to and incorporated as part of this
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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 compiled 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, revolve 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 February 12, 2026.
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.
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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
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the Stormwater Program 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, 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 areas around the mine excavations shall be
diverted internal to said excavations.
C. No pit water shall be discharged beyond the permit boundary and a minimum of
one (1) feet of freeboard shall be maintained at all times in both mine pits. If the
minimum freeboard is reached, all mine dewatering activities at the site must
cease.
D. No stockpiling of any material, including the excavated sand, shall occur at this
site.
E. Mining activities shall occur as indicated on the mine maps dated December 2,
2015 and the supplemental information received by the Land Quality Section on
October 5, 2015 and December 14, 2015.
5. All mine permit and affected area boundaries (19.41 acres and 12.6, respectively) shall
be permanently marked at the site on 100-foot intervals unless the line of sight allows
for larger spacing intervals.
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' 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
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Uevice. Ill any event, exposed slopes or any excavated channels, he erosion UI W1HUI
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. Sufficient buffer (minimum 25 foot undisturbed) shall be maintained between any
excavation dnd 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 Environmental Quality. 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 Di,vvision of Energy, Mineral and Land
Resources considers the following materials to be "mining refuse" (in addition to
those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on-site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts
5. steel reinforced air hoses
6. drill steel
D. If mining refuse is to be permanently disposed within the mining permit
boundary, the following information must be provided to and approved by the
Division of Energy, Mineral and Land Resources prior to commencement of such
disposal:
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• Page 5
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
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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 an $8,700.00
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
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6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
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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 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 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 lbslacre 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.
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 12th day of February, 2016.
%4k
Kracy E. Davis, Director
Division of nergy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality
{

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 Randy D. Hardee to conduct
mining activities off NC Highway 211 in Brunswick County. The mining permit (no. 10-
93) was issued on February 12, 2016..
North Carolina law allows persons aggrieved by the issuance of a mining permit
to contest the decision by tiling a petition for a contested case in the Office of
Administrative Hearings pursuant to N.C.G.S. 150E-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 15013-23. 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 Environmental Quality by mailing a copy of
the petition to Mr. Sam M. Hayes, Registered Agent and General Counsel, Department
of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-
1'601.
�1 e�ory � rl�iic
irector
vision of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
This notice was mailed on �"<<
Brenda Harris
Mining Program Secretary
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