20061109_Renewal_62-13

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons,PG, PE Michael F. Easley, Governor
Director and State Geologist November 9, 2006 William G. Ross Jr.,Secretary
Mr. Ronald A. Swift
APAC-Atlantic, Inc.
Thompson-Arthur Division
PO Box 21088
Greensboro, North Carolina 27420
RE: Permit No. 62-13
Montgomery Sand Pit No. 1
Montgomery County
Yadkin River Basin
Dear Mr. Swift:
Your application for renewal of the above referenced mining permit has been approved.
A copy of the renewed permit is enclosed. The new expiration date is November 9, 2016.
The conditions in the permit renewal were based primarily upon the initial application.
Modifications were made as indicated by the renewal request and as required to insure
compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the
following conditions where minor additions or changes were made: Operating Condition Nos.
41, 8B and 9B and Reclamation Condition No. 3.
As a reminder, your permitted acreage at this site is 544.0 acres and the amount of land
you are approved to disturb is 450.45 acres.
Please review the renewed permit and contact Ms. Judy Wehner, Assistant State .
Mining Specialist, at [phone] should you have any questions concerning this matter.
Sincerely,
/ g
Floy R. Williams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRWrw
Enclosures
cc: Mr. Doug Jones, PE
Ms. Shannon Deaton-WRC, w/enclosures
Mr. Bradley Bennett-DWQ, w/enclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: [phone]
512 North Salisbury Street,Raleigh,North Carolina 27604
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

1
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:
APAC-Atlantic, Thompson-Arthur Division
Montgomery Sand Pit No. 1
Montgomery County— Permit No. 62-13 .
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 9, 2016

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, 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 the 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
Whenever 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
August 17, 1988: This permit has been modified to include an additional 54.24 acres as
denoted in the modification request dated May 9, 1988 and revised June 7, 1988 and July 18,
1988.
August 9. 1990: This permit has been modified to include and allow mining activities to occur
on 60 additional acres of land contiguous to the existing permitted are as specified in the
revised modification request and maps dated July 3, 1990 and received by the Land quality
Section on July 6, 1990.
August 21, 1995: This permit has been modified to include the detailed.erosion and sediment
control plan dated April 25, 1995 and last revised July 10, 1995 for the tract located along the
east boundary of Naked Creek.

Page 3
September 12, 1997: This permit has been modified to increase the permitted acreage by
105.79 acres, expand the excavation area, and install the erosion and sediment control
measures as indicated on the mine map received by the Land Quality Section on August 28,
1997.
May 25, 2001: This permit has been modified to clarify the overall permitted and affected
acreage, add 84.82 acres that includes mine excavation and buffer zones, and eliminate the
existing buffers between the previous permit boundaries and the modification are and mining
Permit No. 62-40. The modification increases the permitted acreage to 544.0 acres and
affected acreage to 450.45 acres as indicated on the Modification Request Mine Maps dated
April 5, 2001, the overall permit boundary map dated December 20, 2000, and the US
220Right-of-Way Maps last revised March 16, 2001, all of which were received by the Land
Quality Section on May 7, 2001.
September 16, 2003: This permit has been modified to change the corporate name from
Thompson-Arthur Paving Company, Division of APAC-Carolina, Inc. to APAC-Atlantic,
Thompson-Arthur Division.
Expiration Date
This permit shall be effective from the date of its issuance until November 9, 2016.
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 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.

Page 4
3. A. Sufficient buffer (100 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, water 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. Appropriate geotextile material or graded washed stone filter blanket shall be
installed under all rip rap lined channels, rock spillways through dikes and sediment
traps.
C. The slopes of the embankment portion of all temporary sediment traps shall be
graded to an angle that will minimize erosion and sustain permanent vegetation
(minimum 2.5:1 sideslopes, but 3:1 preferred).
D. All erosion and sedimentation control measures shall be constructed and
maintained as indicated on the mine map received by the Land Quality Section on
August 28, 1997 to prevent off site sedimentation.
E. All runoff from the affected areas within Area 1 and 2 indicated on the mine map
received by the Land Quality Section on August 28, 1997 shall be diverted internal
to their corresponding excavations. The runoff collected in Area 2 shall be pumped
into Area 1 and utilized as process make-up water. Withdrawal of process make-
up water from Naked Creek shall not occur during periods of low flow.
F. The access road connecting Areas 1 and 2 shall be constructed such that all runoff
from the road surface shall be diverted back into Areas1 and 2. In addition, the
culvert installation and associated stabilization shall be conducted so as to
minimize the potential for offsite sedimentation during construction activities
concerning the access road.
G. All drainage from the affected areas around the mine excavations shall be diverted
to said excavations or into the approved sediment control measures.
H. Mining activities shall be conducted as indicated on the Modification Request Mine
Maps dated April 5, 2001, the overall permit boundary maps dated December 20,
2000, and the US 220 Right-of-Way Maps last revised March 6, 2001, all of which
were received by the Land Quality Section on Map 7, 2001

Page 5
1. Mining activities, including the installation and maintenance,of all approved
sediment basins, associated diversion channels and other sediment control
measures or devices, shall be conducted as indicated on the Updated Map —
Renewal Request Maps last revised July 28, 2006 and the supplemental
information received August 11, 2006.
5. All mine permit boundaries (544.0 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. A. Existing vegetation or vegetated earthen berms shall be maintained between the
mine and public thoroughfares whenever practical to screen the operation from
the public.
B. Berms shall be constructed as indicated on the Updated Map — Renewal Request
Maps last revised July 28, 2006.
9. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any
excavation and any mining permit boundary or right-of-way to protect adjacent
property.
B. Buffers shall be maintained as indicated on the Updated Map — Renewal Request
Maps last revised July 28, 2006
10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained .
around the perimeter of any highwall.
11. 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.

Page 6
B. Mining refuse defined by G.S. 74-49 (14) of The Mining Act of 1971 generated
on-site and directly associated with the mining activity may be disposed of in a
designated refuse area. All other waste products must be disposed of in a
disposal facility approved by the Division of Waste Management. No petroleum
products, acids, solvents or their storage containers or any other material that
may be considered hazardous shall be disposed of within the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on-site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts
5. steel reinforced air hoses
6. drill steel
D. If mining refuse is to be permanently disposed within the mining 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.
12. 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.
13. 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 and any approved revisions to
it. Approval to implement such changes must be obtained from the Department prior to
on-site implementation of the revisions.
14. 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.
15. 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.

Page 7
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 8
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 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 regrade and satisfactorily revegetate any disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for planned
future use are as follows:
A. All the final perimeter sideslopes shall be graded to a 3 horizontal to 1 vertical or
flatter slope.

Page 9
B. Any settling ponds or sediment basins shall be backfilled and stabilized.
C. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before
revegetation.
E. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Condition 11A through D.
F. 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
Revegetation Plan approved by Mr. Kenneth B. Knight, Piedmont Wildlife Biologist
Supervisor with the NC Wildlife Resources Commission and 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 25 Lespedeza (unscarified) 30
German millet 40
October 25— February 15 Rye (grain —temporary) 120
Soil Amendments
Lime- 2000 Ibs/acre or follow recommendations from a soil test.
Fertilizer- 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a
soil test.
Mulch- All seeded areas shall be mulched using small grain straw at a rate
of 2000 Ibs/acre and anchored appropriately.

Page 10
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.
This permit, issued August 26, 1986, modified August 17, 1988, August 9, 1990 and
August 21, 1995, renewed November 21, 1996, and modified September 12, 1997, May
25, 200V and September 16, 2003, is hereby renewed this 9th day of November, 2006
pursuant to G.S. 74-52.
By: &49&"�0-0
James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources