13-02_1_Redacted

mom
ROY COOPED
.r..:i: 6o.$'r'r or
MICHAEL S. REGAN
Energy,Afterat& TRACY DAVIS
Land Resources
December 1, 201
Hugh A. Fisher
Immanuel Lutheran Church
2235 Immanuel Church Rd
Rockwell, NC 28138
RE: Mining Permit No. 13-02
Kluttz Mine
Cabarrus County"
Dear Hugh A. Fisher:
This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 wl°jch 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 ruining permits and any newly issued mining permits are to be issued for they life of site
or for the duration of the lease term. The `life of site'means the pe,,-idd from the initial receipt of a permit for the opei etion
until the mining operation terminates and the required recfam Lion is completed.
Considenng the above, this letter hereby modifies your existing mining permit to remove alt references to the prior
expiration date to convex 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' nur existing rr� min _ ermit 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- 1 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 miring
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 S400 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
runless 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, car me at(919) 707-9220;
Sincerely,
t
William"Toby"Vinson, Jr PE, CPM
Interim Director, D MLR
.<, ._, a. s.r,= Ei;i.air,t r[. ..-z�r;t Eti=: E.--at:•-.a.4i , 1,ar;,:-.R t°;z
m.3

■ ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Energy,Mineral& TRACY DAVIS
Land Resources oirecror
ENVIRONMENTAL QUALITY
December 1, 2017
IryI arn, IIUI I II11411
11
Immanuel Lutheran Church
5051 St Stephens Church Rd
Gold Hill, NC 28071
RE: Mining Permit No. 13-02
Kluttz Mine
Cabarrus County
Dear Larry Hammill:
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,
William "Toby"Vinson, Jr., PE, CPM
Interim Director, DEMLR
State or North Carolina I Environmental Quality I Energy,Mincral and Land Resour ccs
512N.Salishury Strect 1 1612 M¢dl Service Center { Raleigh,forth Caroltna 27b99-1bl2
9197079200

North Carolina Department of FnvirnnmPnt and Na±i,ral Resourcev
Division of Energy, Mineral, and Land Resources, Land Quality Section
MINE INSPECTION REPORT
❑ PERMITTED MINE SITE ® UNPERMITTED MINE SITE
1. MINE NAME: Joseph Keller Mine 2. MINE LOCATION: 5910 Wright Road. Kannapolis, No h
Carolina 28081
3. COUNTY:--.Rowan 4. RIVER BASIN: Yadkin-Pee Dee 5. CASE:
6. OPERATOR: Joseph Keller
7. ADDRESS: 5830 Wripht Road Kanna olis NC 28081
8. MINING PERMIT#: 13-02 ❑ NIA 9. PERMIT EXPIRATION DATE: 2/20/2026 ❑ NIA
10. PERSON(S) CONTACTED AT SITE: Joseph Keller, [phone]
IL PICTURES? N Yes ❑ No TAKEN BY: Isaiah Reed
12. TYPE OF INSPECTION:
N A. Initial Inspection (Unpermitted Mine Sites)
I. Size of affected land: —3 acres ac. (attach sketch map)
2. 'How was this area measured? Visual estimation Measured by:
❑ B. Routine Inspection (Permitted Mine Sites)
C. Follow-up Inspection
13. Date of last inspection: NIA
14. Any mining since that date? N Yes ❑ No If yes,cite evidence of such mining activity: Dirt is being
mined and sold to multiple customers.
15. Was mine operating at time of inspection? ❑ Yes N No If yes,explain:
16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ❑ No N NIA
If no,explain: No permit Exists
17. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No ® NIA
If no,explain: No permit Exists
18. Is there any off-site damage? A. ❑ Yes B. ❑ No C. ® None observed
If A,describe the type and severity of the damage:
If B or C,is there potential for offsite damage? ❑ Yes N No Explain:
19. Corrective measures needed and/or taken:
20. Other recommendations and comments: Immediately begin_the-process of obtaining a permit from the
Raleigh office. Janet Boyer 919 707-9228 Judy Wehner 919 707-9227. Please cc me (Isaiah.i-eed(@iicdeiir.gov
on all correspondences related to the acquisition of a permit.
21. Is the Annual Reclamation Report+/- map accurate? U Yes U No (Explain) U Not Reviewed ® N/A
22. Follow-up inspection needed? N Yes [-]"No Proposed date 6/22/2017
V. 1►T_ P_J 1_�__-_1 Pi-_-__�___. T_-__s A 7I !�_--- !'ri_-__-`
c0. 1,4V. of auuitiunat pa e3�t inspet;u�n icepurt V 24 Copy ut Repurt Beni iv operator yes
INSPECTED BY: Isaiah Reed DATE 5/31/2017
Telephone No: 704-633-1699
Copy to file Copy to operator Copy to Mining Specialist

ROY COPPER
f,: {rn:rnrnr
"J
'
MICHAEL S. REGAN
.-
.4•c,rrurl'
Energy.Mineral
and Land Resources TRACY E. DAVIS
ENVIRONMENTAL QUALITY
RECEivFn
June 9, 2017 JUN 15 2017
Joseph Keller LAND QUALITY
MINIM(-.DDnnmA..
5830 Wright Road
Kannapolis, North Carolina 28081
RE. Joseph Keller(Permit# NIA)
Rowan-County, N.C.�
Dear Mr. Keller:
Attached is a copy of our report documenting an inspection recently conducted at a mine site for which
our records show you to be responsible. The inspection was performed under the provisions of North
Carolina General Statute 74-56 of the Mining Act of 1971.
Please review the report carefully and note any problems or deficiencies documented by the inspector.
Furthermore, please note any recommendations and/or specific corrective actions required to correct
any deficiencies that may be listed.
The responsibility for understanding and complying with the terms and conditions of your mining
permit and the Act lies with you.
l IGQJG UV I1Vl liGJ1lQLG LV eVI1LQl.l LI11J VLlIGG if you 11QVG any gLIGJIIVIIj 1:V111JG1lllllg 111G [1LCdGI1GU 1GPVI 1.
Your cooperation is appreciated.
Sincerely,
�-
ames Moore
Assistant Regional Engineer
IR/cys
Attachment
f cc: Minim 5 >ce alist
State of North Carolina I Environmental Quality 1 Energy,Mineral and Land Resources
Mooresville Regional Oft" 1610 East Center Ave Ste 301 1 Mooresville,NC 23115
704 663 1699 'r

1
f�
PAT MCCRORY
y.o Governor
DONALD R. VAN DER VAART
A secretary
Fnerov Minernl
and Land Resources TRACY DAVIS
ENVIRONMENTAL QUALITY
April'5, 2016 Director
Mr. Bruce C. Sheeks
Immanuel Evangelical Lutheran Church
2070 Emmanuel Church Road
Rockwell, North Carolina 28138
RE: Permit No. 13-02
Klutz Mine
Cabarrus County
Yadkin River Basin
Dear Mr. Cheeks:
Y our 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 April 5, 2026.
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.
.4B and 913 and Reclamation Condition No. 3.
As a reminder, your permitted acreage at this,site is 75.1 acres and the amount of land
you are approved to disturb is 36.5 acres.
Please review the renewed permit and contact Judy Wehner, Assistant State Mining
Specialist, at [phone] should you have any questions concerning this matter.
Sincerely,
�a, et S. Boyer, PE
tate Mining Specialist
Lind Quality Section
JSBIjw
Enclosures
cc: Mr. Zahid Khan
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
State of North Carolina I Environmental Qualitya Energy,Mineral and Land Resources
1612 Mail Service Center 1 512 N.Salisbury St. I Raleigl;NC 27699
919 707 9200 T

DEPARTMENT OF ENVIRONMENTAL QUALITY
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:
Immanuel Lutheran Church
Klutz Mine
Cabarrus County— Permit No.
for the operation of a
Borrow Pit
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: April 5, 2026
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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
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 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
June 16, 1 995: This permit has been modified to increase the affected acreage at the site: It
has also been transferred in its entirety from J. Banks Klutz to Immanuel Lutheran Church and
subsequently renewed on this date.
February 20, 2006: This permit has been modified to increase the permitted acreage to 75.1
acres and the affected acreage at this site to 36.5 acres as indicated on the mine map last
revised August 6; 2005. This modification includes the addition of 25.4 acres back into the !
permit boundary that should only have been removed from the bonding requirements and the
reduction of the buffer zone along the waterways to a minimum of 50 foot undisturbed and a
minimum 25 foot undisturbed along the property lines and allows lake areas to be left at the l
time of final reclamation.
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Page 3
Expiration Date
This permit shall be effective from the date of its issuance until April 5, 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.
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 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 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, 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 retardina structures_ rin rap pits; or ditrhP.s Shall hp- nmvldAr)
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.
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Page 4
B. Mining activities, including the installation and maintenance of the approved
sediment basins and associated diversion channels, shall be conducted as
indicated on the Mine Map and Details Sheet last revised February 12, 20016 and
the supplemental information received by the Land Quality Section on February 18,
2016.
5. All affected area boundaries (36.5 acres) shall be permanently marked at the site on
100-foot intervals unless the line of sight allows for larger spacing intervals.
6. The angle for graded slopes and fills shall be no greater than the angle which,can be
retained by vegetative cover or other adequate erosion control measure, structure, or
device. In any event, exposed slopes or any excavated channels, the erosion of which
may cause off-site damage because of siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to restrain such erosion.
7. The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
8. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9. A. Sufficient buffer 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 Mine Map and Details Sheet last
revised February 12, 2016.
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
misting 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 defined by G.S. 74-49 (14) of The Mining Art 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.
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Page 5
C. For the purposes of this permit, the Division 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 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;
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 t
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 $123,300.00
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.
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 a
resources.
1
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human 3
Skeletal Remainc Prnfarfinn Art " shniilri tha nnprntnr nr mnv nprcnn in hic
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.
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• Page 6
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
e%n fkn PAI141MIIIMIY .,- 1;,4;4.• or LL.�L RA:.-.__ w _
W11 cl Ic vvi RI1 Iulr 1U VQ11UILy I a IUL IYllf III FY rerrnlT. HOpitionally, 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 CONDITTIONS:
T E
1, Provided further_ and subject to the Reclamation schedule the planned rPraamatinn
shall be to restore portions of the mine excavation to a lake regrade and satisfactorily '
revegetate any disturbed areas.
i
2. The specifications for surface gradient restoration to a surface suitable for planned
future use are as follows: I
v
i
A. The lake area shall be excavated to maintain a minimum water depth of four feet If
measured from the low water table elevation.
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Page 7
B. he 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. All other the final perimeter sideslopes shall be graded to a 2
hori7on+!31 tv 1 Vr flg+4 slope.
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. Reve etation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the
Revegetation Plan on the Reclamation Plan last revised February 12, 2016 and
approved by T. Patrick Shillington, PE on February 12, 2016.
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.
i
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.

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Page 8
This permit, issued July 17, 1972 to J. Banks Klutz, renewed July 14, 1982, transferred
to Immanuel Lutheran Church, renewed and modified June 16, 1995 and renewed and
modified February 20, 2006, is hereby renewed this 5th day of April, 2016 pursuant to
GS 74-52.
By: SUL
v
�1`�'racy E. Davis, Director
Division of nergy, Mineral, and Land Resources
Bj Authority of the Secretary
Of the Department of Environmental Quality
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