20250124_Narrative-Letters_66-04

Andrew J.Norton
Vice President and Assistant Secretary
701 Corporate Center Drive,Suite 195
Raleigh,NC 27607
Tel: [phone]
ANortonnaFredSmithComnanv.net
January 17, 2025
Vs
VIA UPS AND EMAIL
Division of Energy, Mineral,and Land Resources
North Carolina Department of Environmental Quality
1612 Mail Service Center
Raleigh,North Carolina 27699-1612
Adam.ParrlaWeq.nc.gov; Corev.Claytonna deq.nc.gov
RE: FSC II,LLC—Request to Transfer Permit
Grit Pit,Northampton County,NC
Permit No: 66-04
To Whom It May Concern:
In accordance with G.S. 74-51 of the Mining Act of 1971, FSC II, LLC dba Fred Smith Company
("FSC") hereby notifies the N.C. Division of Energy, Mineral and Land Resources that it has
agreed to succeed to the interest of Rose Brothers Paving Company ("Rose Brothers") by virtue
of a sale and assignment of the Grit Pit located in Northampton County, North Carolina ("Grit
Pit") from Rose Brothers to FSC, effective as of October 31, 2020. The Grit Pit is covered by
NCDENR Permit No. 60-44 ("Permit"). Based upon sale and assignment, FSC hereby requests
that the Division release Rose Brothers from the duties imposed upon Rose Brothers effective as
of October 31, 2020, which is the date FSC acquired legal ownership and control of the Grit Pit.
Finally, and with this letter,FSC assumes the duties of Rose Brothers effective as of this date with
reference to reclamation of the Grit Pit.
Consistent with G.S. 74-51 of the Mining Act of 1971, a completed Application for a Mine Permit
transfer is enclosed, along with all required attachments and a check for the required application
fee. In addition, a letter from Rose Brothers confirming the sale and assignment of the Grit Pit is
enclosed as well. FSC has previously submitted a completed Application for a Mine Permit
transfer most recently on November 3, 2023 and received a response from NCDENR to FSC and
Rose Brothers on January 4,2024 requesting additional information. Smith Gardner,Inc. ("SG),
Rose Brothers' consultant, has prepared and provided the included response and accompanying
exhibits for NCDENR's consideration.
FSC is also in the process of applying for the transfer of the stormwater permit, a copy of the
transfer application is included herein.

If you have any further questions or need additional information concerning this ownership change
and future operations of this Grit Pit,please contact me at the above address and telephone number.
Thank you for your assistance with this matter.
Sincerely,
XAw J.Norton
Vice President and Assistant Secretary

i
ROS6 ROTHIERS
Paving Company, Inc.
October 31,2023
Division of Energy,Mineral,and Land Resources North Carolina Department of Environmental Quality
1612 Mail Service Center
Raleigh,North Carolina 27699-1612
RE: Notice of Permitted Facility Sale
Grit Pit,Northampton County, NC
Permit No:66-04
Gentlemen:
In accordance with G.S.74-51 of the Mining Act of 1971,the permittee, Rose Brothers Paving
Company,hereby notifies the N.C.Division of Energy,Mineral,and Land Resources that it has sold its
Grit Pit,located in Northampton County,North Carolina to FSC 11,LLC dba Fred Smith Company("FSC),
effective as of October 31,2020.The Grit Pit is covered by NCDENR Permit No.66-04.
With respect to the mining permit referenced above,the transfer of permit responsibility,
coverage,and liability,per the Mining Act of 1971,shall be effective as of October 31,2020,which is the
date FSC acquired legal ownership and control of the Grit Pit.
If you have any questions or need additional information concerning this ownership change and
future operation of this sand pit,please contact Parker Brackin at Construction Partners Inc.as follows:
Parker Brackin
Associate Counsel
Construction Partners Inc.
701 Corporate Center Drive,Suite 101
Raleigh,NC 27607
Thank you for your help.If you should have any questions or comments,please do not hesitate
to let me know.
Sincerely,
.�LAN.,
E.Tim Rose
Rose Brothers Paving Company
President
NC 561 West• P.O. Box 806, Ahoskie, NC 27910
Phone: [phone] Fax: [phone]
E-mail: [e-mail]

i
STATE OF NORTH CAROLINA ;
DEPARTMENT OF ENVIRONMENTAL QUALITY
Land Quality Section '
Bond Pursuant to"The Mining Act of 1971"
(G.S. 74-46 through G.S.74-68)
KNOW ALL MEN BY THESE PRESENTS, That FSC li, LLC dba Fred Smith Company
i
a Limited Liability Company and having its principal office at 701 Corporate Center Drive,Suite 101,Raleigh,NC 27607
in the State of North Carolina , as principal,and Western Surety Company
a corporation organized under the laws of the State of South Dakota
9 and duly authorized by
the Insurance Commissioner of North Carolina to do business in North Carolina,with an office located at E
8601 McAlpine Park Drive ,in the City of Charlotte ,North Carolina,as surety,are held and firmly
bound unto the State of North Carolina in the sum of Forty-Seven Thousand Three Hundred and 00/100 dollars
Bond No. lawful money of the United States of America, to the payment of
which will and truly be made, we bind ourselves, our heirs, administrators and successors jointly and
severally,firmly by these presents.
Signed, sealed and delivered this 29th day of October , 20 20_
THE CONDITIONS OF THIS BOND ARE SUCH, That Whereas,the said
FSC Il, LLC dba Fred Smith Company
conducts or will conduct mining operations in North Carolina as described in the application for an operating
permit which includes a Reclamation Plan as provided in G.S. 74-53 and has obtained approval of this
application on the day of ,20 , from the Department of Environmental
Quality.
Rev. Dec 2006

NOW THEREFORE, if the said FSC II, LLC dba Fred Smith Company
shall comply with the requirements set forth in"The Mining Act of 1971"(G.S. 74-46 through 74-68) and
with the rules and regulations adopted pursuant thereto and faithfully perform all obligations under his
approved Reclamation Plan then this obligation shall be null and void; otherwise to be and remain in full
force and effect until released by the Department of Environmental Quality in accordance with G.S.74-56
or canceled by the surety. Cancellation by the surety shall be effectuated only upon 60 days written notice
thereof to the Department of Environmental Quality and the operator as provided in G.S.74-54.
ATTE
FSC II, LLC dba Fred Smith Company
S44tary or Principal
nt Secretary
ORAO'QtAe
s h By
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C'8 to Seal ) -Prte9fdeett, We President,
ce. ( e rporation ) r
7
Wester Surety Company
Surety
Countersigned at 6100 Fairview Road,Suite 1800,Charlotte,NC 28210(704)36"834 ,North Carolina
By: W "00,w&�,
Resident PXent of NC Agent and Attorney in Fact
William J.Quinn Renee Ellis
*PLEASE MAIL THIS FORM AND THE ATTACHED INSTRUMENT
TO THE FOLLOWING ADDRESS:
LAND QUALITY SECTION
1612 MAIL SERVICE CENTER
RALEIGH,NC 27699
Page 2 of 2
Rev.Dec 2006

Western Surety
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,
constitute and appoint
Tbomas J Gentile,Billie Jo Sanders,Renee Ellis,Paul B Scott Jr,David J Durden,Milton A
Kopf III,Individually
of Montgomery,AL,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf
bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duty authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this 19th day of June,2015.
WESTERN SURETY COMPANY
l�r�OQ`Pa
w4 !
SC 1% s000
aul T.Bruflat,Vice President
State of South Dakota
ss
County of Minnehaha
On this 191h day of June,2015,before me personally came Paul T.Brutlat,to me known,who,being by me duly sworn,did depose and say: that he
resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be
the act and deed of said corporation.
My commission expires +�+tir•wti+�►+.��►wtirvrr►��
I S.ETCH
February 12,2021 "CMV 1f PUlXXays
'ire SOM D�AXOTA
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CERTIFICATE S.Eich,Notary Public
I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,
and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name
and affixed the seal of the said corporation this 2%day of October,2020.
`0 WESTERN SURETY COMPANY
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•Farm F4288-7-3013 L.Nelson.Assistant Secretary

Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds,policies,undertakings,Powers of Attorney,or other obligations of the corporation shall be executed in the
corporate name of the Company by the President,Secretary,and Assistant Secretary,Treasurer,or any Vice President,or by such other
officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may
appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation.
The signature of any such officer and the corporate seal may be printed by facsimile.

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3243 NCDEQ Division of Energy,Mineral&Land 299815
1253602 55658 01/16/25 Gritt Pit Mine Permit 100.00 0.00 0.00 0.00 0.00 100.00
RECEIVED
JAM 24 2025
DEM. F-
3243 100.00 1 0.00 1 0.00 1 0.00 0.00 1 100.00
---
iH15 CHECK IS VOID W17X_oUi A GREEN 8 BLUE 80RDER AND SACKGROU_ND PLUS A KNIGHT BPINGERPRINT WATERMARK ON THE RACK_XOLD AT ANGLE TO VIEW
FSC II LLC PNC Bank, N.A. 050 Check No 299815
dba Fred Smith Company 21-10
701 Corporate Center Dr.,Suite 195 830
Raleigh,NC 27607
919.783.6700 01120/25 v.....100.00
PAY EXACTLY
***One hundred and xx/100 Dollars***
Division of Energy, Mineral &Land Land R Land Resources,Attn: Stormwater Billing ',J
Raleigh NC 27699.1612
Authorized Signer