02-04 Hiddenite/Emerald Hollow File Pt. 1

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REcEIV ED
FES 3
LAND Q0kLjy SEC1101
State of North Carolina
Department of Natural Resources and Community Development
Mooresville Regional Office
James G. Martin, Governor
S. Thomas Rhodes, Secretary
NOTICE OF VIOLATION OF
THE MINING ACT OF 1971
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Hiddenite Gems, Inc.
1016 Shelton Avenue
Statesville, North Carolina 28677
RE: Hiddenite Gems, Inc. Mine
Alexander County, N. C.
Gentlemen:
Albert F. Hilton, Regional Manager
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
January 31, 1986
On January 23, 1986, personnel of this office inspected a mining operation
being undertaken on a 47-acre tract located north of Hiddenite, North Carolina
and east of State Road 1001. This inspection (report enclosed) revealed an area
of approximately 2.7 acres had been affected by mining activity.
This is to inform you that your firm is in violation of The Mining Act of
1971, North Carolina General Statutes (hereinafter NCGS) 74-46, et seq., as
amended.
Under the Mining Act, no person may operate a mine without first obtaining
a mining permit and also posting a bond to insure that the site is reclaimed.
Mining is defined by NCGS 74-49 as:
The breaking of the surface in order to facilitate or accomplish
the extraction or removal of minerals, ores, soils, and other
soild matter from its original location; and/or
The preparation, washing, cleaning or other treatment of minerals,
ores, or other solid matter so as to make them suitable for
commercial, industrial, or construction use.
"Minerals" means any soils, clay, coal, stone, gravel, sand phosphate, rock,
metallic ore, and any other solid material or substance of commercial value
found in natural deposits on or in the earth. NCGS 74-49(6).
919 North Main Street, P.O. Box 950, Mooresville, N.C. 281150950 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Hiddenite Gems, Inc.
Page Two
January 31, 1986
Having determined that you are in violation of the Mining Act, you are
hereby requested to immediately halt the above mentioned mining operation until
you have obtained a permit from this Department. To obtain a permit, you must:
1. File the attached application for a permit, including a reclamation
plan to restore any damage to the area that will be affected; and
2. Post a bond or other form of security acceptable to the Department
for insuring that the affected area will be reclaimed when your
mine is terminated.
Before you will be issued a permit, you must also restore or repair the
following damage that has resulted from your unauthorized mining activity:
1. Provide a ground cover sufficient to restrain erosion upon disturbed
areas of the access road and install temporary erosion and sediment
control measures at the two (2) culvert outlets and at all other
locations, sufficient to prevent off —site siltation.
2. Reestablish a vegetated buffer zone between the mining activity and
the natural watercourse along the northern boundary. Temporary
control measures may also be necessary to prevent siltation to the
watercourse.
This damage must be repaired or restored on or before February 19, 1986.
Violations of the Mining Act are subject to a civil penalty of up to $5,000.00
for each day of a continuing violation. A penalty may be assessed for violations
committed before receipt of this Notice. A penalty will be assessed for violations
committed after receipt of this Notice. An injunction or civil penalty may also
be sought to enforce the Act.
The responsibility for understanding and complying with the requirements of
the Act rests upon the individuals and firms who are subject to its requirements.
Therefore, a copy of the Mining Act is enclosed for your information.
Do not hesitate to contact this office regarding any questions you may have
about this matter.
i
Enc 'osure
cc:Jim Simons, P. E.
Mining Specialist
(DerrYo rs truly,
� Gt% Cook
Jerry W. Cook
Regional Engineer
Mooresville Regional Office

MINE INSPECTION REPORT
Land Quality Section
Mooresville Regional Office
P.O. Box 950
Mooresville,NC 28115
[phone]
1. Company: 2. County:��-
3. Mine: 4. Permit No.
5. Person Contacted: 6. Date Inspected
7. Pictures: Videotape Slides ✓ /:'., } Other
8. Was mine active on date of inspection? Yes .Z' No
9. Erosion Control Measures taken.
10. Describe any offsite damage.
11. Are public safety provisions in compliance with permit?
12. Waste Disposal measures taken. I
13. Is Annual Reclamation Report form accurate? Yes
If no, explain
14. Reclamation accomplished since last inspection.
15. Reclamation measures needed.
16. Other recommendations & comments:
17. Were recommendations made to operator at site? Yes
18. Follow-up inspection needed? Yes No _
19. Copy sent to operator? Yes (date) No
INSPECTED BY:
No
No. of acres
No