02-06 North American Emerald Mine File Pt. 18

ArclMS Viewer Page 1 of I
http://maps.co.alexander.nc.us/sdx2005/mapframe.htm 6/8/2005

Parcel Print
.yccount Number
Sequence Number
Map Number
Lot Number
OwnerOwner N—
Parcel Print Display
Parcel ►nformafion
0901549
66993
" '"'aO1ngAddress
State
V1CIH AMERICAN EMERALD MINE
531
DUNCAN L ANED S MC
Code
HIDDENITE NC
IBook / page /Date
28636
ription
047308212004
value
PORT LOT 3 RIST MINES -SR
1508
$77,100.00
`eroff Deeds
14
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4
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4
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4
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LgIMER; THIS PILMqp IS p
HATTED FROM REPARED FOR THE INVENTORY ��
HAT THE qF RECORDED DEEDS PLATS OF REAL PROPERTY FOUND
!FORMAT OREMENTIONED PUBLIC PRIMARY IN ORMgTIpN SOURCEDATA
)R THE I ION CONTAINED ON THIS WITHIN THIS JURISDI
NFORMgTION CONTAINED MAP' THE COUNTY USERS OF THIS MAP ARE HEREBY No AND IS
'STEM 19B3 NORTH ON THIS TY AND THE MAPPINGCOMPANIES
220ctober AMERICAN DATUM, MAP' GRID IS B FOR GAL R SPOONS BI THE
2003 INTERNATIONAL FOOTED ON THE NORTH ASSUME NO LEGAL RESPONSIBILITIES
CONVERSION. June g?ROLINA STATE PLANE LANE COORDINATE
11:04:29 am The data effective date
http://maps co.alexander.nc. us/S1x2015/parcejPrjnt.htjr
Page 1 t
6/8/2005

Parcel Print
Account Num ber
Sequence Number
Map Number
Lot Num ber
Owner Name
Owner Mailing Address
City, State
Zip Code
Deed Book / Page / Date
Description
Total Value
Acres
Register of Deeds
0015
0006
0008 00158
0007 1 0015A 0014A
1 0012B
0
0022
0002
Parcel Print Display
Parcel Information
0901268
12982
nxu WN Jp M & OTHE-�
2301 CE28227
OWNpOINT EXEC DR STE F
OTTE NC
2002
$349,500.00
134
0013E
00131)
0
0013A013C
"—P2 13E
0013H 0032
0013J
0002C
00028
0002A
00D5 W048
0022A 0014
http://Maps.co. alexander.nc.us/sdx/parcelprint.htm
0012
/ tl
Pagel Of2
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10/26/2004

a
Tax Lot No.
V•rlBed by,
by
hill[ -fur recording u
UK 019 7 PG 1934 FILED
eo0lti� _PAGE1.4±2y
Ferrol idenUfi,r No.
County on the day of
99 JAN 27 PM 2t 03
ALREX AWIF �. iqW Ne
Boat
Thi, in.�nemrvl rvr, prvpvna Lr AA•hnrd t.. Cval tr.ry. Arty., p. p, Acx aR2
Tnvl nrrvtUr, NF 7ARR1
Brief durriplioa for the Index
NORTH CAROLINA GINFRAL WARRANTY DFFI)
THIS DEED s wit this 25th day of January
GRANTOR
MICHAEL J. YAT[INS Ind
DOROTHY L. NATXINB
1999. by and Aatween
GRANTER
n S M rXF.RALP➢, TN
P.C. Box 276
8lddertice, NC 28636
Nl,r Y aser•eryu Y,a' f. sea entr, sane. a"reaa are, or sear srste, ekarall. M eethr, e.e
The du
ao Gnator and Grunts u oaai hare(' Moor IncidM mid Parties, theirAdi,,, ---hJl IncluM f,[ulerplum, mueulu•. Uminln• ornw"as uquind by Fentext.suc¢eaw-rr e-e, •aren.deaaaets•,igna, and
W1TNe8BgTH, that the Grantor. for a valuable consid*ration paid by the Grant", the "ceipt of whirl, is hereby
achaowledeed, has Mad by thus presents does ;rant. ber;aine q11 and coney unto the Grantee in !ee si
Certain lot or p-r"I of land !Heated in the City of mple, all that
Alexander County, North Carorna and no ra particularlY described a follows; Sharps Township,
1 A portion of the Riot mine located off SR 1508 (Emerald lane), more Particularly
more detailed description.
lot dl containing 21.77acres, r* or less. See Plat Book 5, page 178, ACE for a
THIS CONVEYANCE IS SUBJECT to a 60 ft r/v depicted on A Plat recorded 1, Plat Book
S. page 178, ACE.
Ro"
1495. andgSeacorded Srt Book 369,t page 2* ACR. Bynt doted acceptiaghthieteoaveyenee,tothe
Grantee, his hairs, and &aedgna acre! to mllos Reginald T. JoyneT. his egance and
employees to enter upon the presto*& to carry out the terns and r.hitiona of he
R*clamatien Agreement, expiring 10/IS/95.
FOR BACK TITLE reference
County Registry. 'a "do to Dead recorded in Book 369, pegs 549, Alexonder

.~
i30391PG 1935
The property htnlnebova described Was acquired by Grantor by Instrument recorded in
A map showing the above described amparty Is morded in plot Book pqe
TO NAYS AND TO HOLD the aforWid lot or parcel of land and ell prlvilgra and Appurtenances thereto bslonrlag W
the Granite to fees simple.
And the Grantor covenants with the Grantees. that Grantor Is Naiad of the premises In fee simple, has the right to convey
rho IAme in foe simple, that title Is marketable and fra, and clear of all encumbrances, and that Grantor will Y.Ynlnt and
defend the till. against the lawful claims of all persons whomsoever except for the exception, hereinafter staled.
Title to the property hsratnsbove described Is subiarl to the following exogp0ons:
(x w1TNY9i w el[eor� r .. n , "'o"' w IN sees utl ..n..r r.0 V. n No
....[Ii1v • .. I.r.ul)'y111G).,.ntl NNYY[• .t11n.Y .) NWMNY •( Its 11w:a al�nl..,:..., Irr �nrr.n[ Y �r mar
. ...................
.......... ........... .. = .saes_
cCWee11W M..N L J. A IHS
NY:: ..................
c "" "�
........_.......... �yZr '
..........
_. r...WwI WROTNI L. WATKINS
•YrtL}:
i
. _ ...... ... UFAU
G
.. .r�.....7
....
__.a ,.Wrr ICYN(.Y N.A) m
l All...........
�4� ......
aoala CaIOYNA......
......bsaY.
. •Yr ; y fi ';y :.
I.. MWN r'.]ne Y W C.., ..a IW. N....W, firma WI .
Michuii il J. atkina-aced vif�I Dorothy-L_ Watkins
ty �,
IN.". NM.M NM1Y W dL W .H YN.wlrq.e 1)n eaRanr. N nN t.n[WY YNtewwt RWnm y
aNadW.MYNe.Y.snlYl ar..v�. aiw N....)uLXd.WL�:*..........f_.... ia!i✓
M.Wm ,eaMe
r4LNrare Mahn CatOW)M..................................CwIY.
4 a MWrr hNY Y W C..W W aYY YYsseW, only WI ............................
r.r.WW taaN bNe. r WY Ye ue WewMoeW. We]..._ ae a....... _......... exr.fwrr Y
........................................................ anal O•ronW .YNr.rw. W .m N YrYMr W
[Fees W No W Yr orIM HWYYYa. MetIr Nd ra WtN...I eas W W on W Y.. lY fY ............
OtrN ae. ..W W .or,eeY. wl W .eboos h ........... Y No ........................... eWNYre.
WW We YY YM W oIIYW pass, Y MK WY ....... rW Y ........................... . .
aYYr some
aYe NN/.Ye C.rpaer." Y .......... .......... .._w. ..... _____ __ _______
/f/T� '' r� `'�
... .. ............. %% ..l.o% ....
................... ...................... ...... ... .. ......... . .. ......................
n see Ww. No eo.., Sea WeelwW Na. YY ",01 N .W dYr eeNYYM.I We YY W eW aM es We ao•Y W }y. Wo.. e. W
.......... AN4, -------
-
____._. _ ------ttO,a 0, repinCe"U.."KolilRTMf--.•.'.'� ......owlir
aY ...... .............� 4••��__...........�..��.. ..MtV/�eNNtl.aWNNrYaNY
r: sem.ss es rise en

ALIXANDIR CHTY
$124.
IT"AR UP
Real Estate
Excise Tax
166X 369rA5r()5 49
FILED
600K.'?4-TPAGE Q$V
95 JUL I I PH 12106
tJXQA1!N`0EERR0F DEJ03
A COUN Y, Kc
TAXLot No, ............ ..... ................. ........................................ . ... . panel Identifier No . . . ........................... ................... .. ...............
Verified by . .... . ......................................................... ....... County on the day of ........... .......................... ................. It .... .. .
by­­1 .................................... ........... .... .. ....... I. . ....... ... .... . 1. .......
Waitafter recording to ............... ................. ....... .................... ................. ................................................ ...........................................
............ ............... .............. ............. ........ . .. .... - ............. ........ ....................................................
This Instrument was prepared by Tay.l.otaxIlls ... Ile ... 28.481
Brief description for the Index Riat Mine Lot 0 1
NORTH CAROLINA GENERAL WARRANTY DEED
THIS 11ZED made this-2.1.01— day of ......... 1une ......................................... by and between
GRANTOR GIANTS&
LKA INTERNATIONAL INC Michael J. Watkins
and Dorothy L.. Watkins
PO Box 276
Hiddenite NC 28636
Fin to amatorrhAs Mesa In omb varms mass. s"MIN 63411 &"Vwkt#. 4heracur 49 taft's4 owposties w putweo*
In desismition creator and Grant" as used hersta shall Include said partlew, their haln, succomens, and -101M. am
all Include singular, plural, masculine, feminine or neuter a required by coutent,
TTNESSM, that the Grantor, for a valuable considaMlon paid by the Grant", the receipt of width is hereby
ammftledf4 has and by these presents. does Smut, barpir, sell and tsu"y unto the Grant" in fee simple. 141 am
stain lot or parcel of land oltuattd In the City of ... . ....... ..... ............................ I ........Sharp as .............. ........ Tow"I"At.
Alexander
........... ........ County, North Carolina and more particularly described as follows:
A portion of the list mine located off SR 1508 (Emerald Lane), more
particularly Lot #1 containing 21.77 acres, more or loan. See Plat Back
5, page 178, ACE fora more -detailed descrlpt:ton.
This conveyance Is subject to a 60 ft r/w depicted on a Plat, recorded in
Plat Book 5., page 178, ACE.
This conveyance is subject to a Reclamation Agreement doted the 16th day
of June, 1995, and recorded In Book 369, Page 0112. ACR. By qcceptiag this
conveyance, the Grant**, his heirs, and assigns agree to allott Reginald%,
r. Joyner, his agents and employees to enter upon the premises to Carry-
out the torso and conditions of the Reclamation A I gr*ementi *;Piring, 10-15-M.
For Back title see Book 362, page 1208. ACR, this being a Portion thereof.

The Droparty hereinabova described was acyuired.bY Grantor by Instrument recorded In ........................ ........... .......... .......
•......... ..
___--- _....._............................................. .. ... .............................................................................................._..................-
:.A. map Shorting the shove described proportY to recorded In Met Bonk .................. pap .................
TO HAVE AND TO HOLD the sforeaald lot or parcel of land and all privileges and appurtenances theme belonging
the Grantee In tee simple.
And the Grantor covenants with the Grantee, that tremor Is Seized of the premieea In fee aimpie, has the right to convey
the Same In fee simple, that title Is marketable and freR and clear of all encumbrances, and that Grantor will warrant.
And defend the title against the lawful claims of all peTaeRr whomsoever except for the exceptions hereinafter ahted'"
'Title to the property hareinabove deaeribed.la subject to the following exceptions: ,
q
aM\ NNW �by Ma den, sees"" MI"ISURGIF. UK Qr." ass Mftas x N N Mnsaw YDRN h. R\ixW \I�MUM�iN N DDw NW' W�l,1YN
TVA TYTDDYATvAUAt_ ♦vP -
.. ... .. aKmary Matters as
Y
........................ ic�i .A, a.).... _........ �
ee
art............................................ I.............. ppp�e
u .......................... MeelenM.
Atigyg,........................................
....... .. ..................aeetelatr (CIMArdaaean. GWWW
........................ ... .. ogeAW:.0
...... ... ... ............Ow,:�'
........................... '
t..,

Page 1 of 2
Parcel Print
Parcel Print Display
Parcel Information
0901268
account Number 12982
iequence Number
H-7A
qap Number 0001
Lot Number
Owner Name
BROWN JOI3N M &OTHERS
Owner Mailing Address 2301 CROWNPOTNT EXEC DR STE
CHARLOTTE NC
City, State 28227
Zip Code
043521842002
Deed Book / Page / Date SR 1492
Description $349,500.00
Total Value 134
Acres
Searchfor D eds
Register of Deeds
0013E 0013
0013D
0013G
0013A
0006 Q13E
001513 oc14A
0008 (1015A 10 6013H 0022 00193.
0067
0012E
0011
0001
146=
0052A
0025
0002C
0022 0002E
0002F
00021)
0032
0002A
0005 000413 0022A 0014
QQ02E
m12
D
0012A
i
i M7
http://maps.co.atexander.nc.us/sdx/parcelpr'nt'ht'n
10/26/2004

~Michael F
NCDENR MRO Fax:[phone] Apr 29 2005 15s�1,0
Carolina NCDER
Ea1sley, Govemcr �epa�rrin nt of Environment a �cl 1V
FAX CC)T�'CjR SHEET
From:
ILA
—t
Fax Narnber:
Nuxitber of kages (includizzg cover)_—
ast Center Avenue, Suite 301, Mooresville, North Carolina 28115
704-663_1699tpAX: 704-663-60401Internet: www,enr.stale.nc.us
� oDFoduni;y/ pffitmaGveAruon Empbyer-gip yo RecyNed 110y, pgsf Consumer Pgpg�,
�..-
R:3s:)urce
C.-aio i 31

NCDENR M.R0 Fax:[phone] Apr 29 2005 1 5:3(j
North Carolina Department
Of F-'UvkOAMeAt and N
Land Resoilrees J atural Resources
Land Q'MHtY Se�#ion
(P.ERVHTTED NUNE)
3. - OPERATOP, 2. MMG PERMIT
5. ADDRESS 4. Com--rly
L
6.. PERAUT E)(PIRAT'ION DATE LIL I r- - �-'
8:persan(s) �-� 7. RTVER r ��Z---ZU�44
d6taaed at sit' AsIN
9-,.W8s Mine operating at
time of inspeiton?
IL.Ditq, last inspected: /4�:/ - ER Yes 0 No PictL)res?
12. Any mining since 10- Yes
1.3. is the mine iv' Compliance with t1le �e last Y eq
Operating Conditions of the 'P' 'ion�
0 Yes
14. Is the mine M= In compliance
If no, explain:
the Reclamation Conditions of
the PerMitI;7'-2VL;
-15. Did any of
the above deficiencies
result in offsite T�
ifTr
type and severity of the dan�age:-_.,, ID Yes D 'No
Vey: describe ql-
'o- Corrective measures needed a'n'or taken: L
7
IT Other recommendations and comments:
>
Is -the Annual Reclamation Report +j- ---------
map accurate? 11 Ye
0
Ro (Explain) S
47. rVUVw-'aP InsPectomneede.'49 f0 Yes
20, No. of a&itio;�W Pages- I -- - . .... Proposed 6klf.e.
Of XsPection Rep
INSPECTED BY:
Telep.fioae No.: L! Q -10"`''""A= DATE
Me copy w fade.... IW10,q COX to 0-Parator Polk COPY 10 Miniv Specwt st

,UN. 2. 2005 5 J92PM N0, 137 F.looct Lt7-111aFY11
ROBINSON BRADSHAW & HINSON
WILLIAM W. TOOLE DIRELY DIAL: 704.377.8373
CHARLOTTE OFFICE, DIRECT FAX: [phone]
WTp I-MoRaH.COM
June 2, 2005
VIA FACSIMILE AND CERTIFIED MAIL
Ms. Anita LeVeaux
N.C, Department of Justice
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699
Re: , WM. Fred ➢Yatker, Jr, v, N,C Dept. of Environment and Natural Resources, Case
No. 04-EHR-2162
Dear Ms. Lcvcaux:
This firm represents Wm. Fred Walker, Jr, with regard to matters associated with the
issuance of and subsequent amendments to a permit ("Permit") by the KC, Department of
Environment and Natural Resources, Land Resources Division ("DENT") to North American
Emerald Mines, Inc. ("NAEM"). This firm has recently become engaged by D&M Emeralds,
Inc, with regard to the same matter. The purpose of this letter is to delineate, once again, the
facts and law of this matter so that you may understand why DENR's opposition to modification
or revocation of the Permit is neither well grounded in fact nor warranted by existing law.
The Permit allows mining on the property identified as parcel 0002F on the attached
sketch ("NAEM Property"). The attached sketch is drawn from the Alexander County GIS
system available on the web at http://maps.co.alexander.ne,us/sdx2005/viewer.htrx4 an address
discovered in DENR's Raleigh files during our document review on Friday, April 29,
Mr. Walker lives at 173 Riverside Farm Lane, Hiddenite, North Carolina 28636,
identified as parcel 0005 on the attached sketch. Mr, Walker leases this parcel from Jack B.
Wooten & Company. This parcel lies within 1,000 feet of the boundary of the NAEM Property.
Mr.Walker also cares for the Jack B. Wooten Company parcel 0002A as identified on the
attached sketch. Parcel o002A is contiguous to a portion of the NAEM Property identified as
parcel 0002F. Mr. Walker is also the caretaker of Parcel 0002D, which is owned by Betty A.
Wooten and is contiguous to a portion of the NAEM Property.
D & M Emeralds, Inc. owns the property identified as parcel 0002 on the attached sketch,
which is also contiguous to a portion of the NAEM Property.
North Carolina law is certain; "[u]nder section 74-58 of the North Carolina General
Statutes, DENR must ittitiate suspension or revocation proceedings whenever it has reason to
G93543M 18484.00D11
Attotncys at Law
Charlotte Office: 101 North Tryon Street, Suite 1900, Charlotte, NC 28246 Ph: 704.377.2586 Fx: 704.378.4000
South Cemlina Office: 140 East Main Strcct, Suito 420, P.O. Drawer 12070, Rock Hilt, SC 29,731 Ph: 803.325.2900 Fx: 803,325,2929

N0. M P. 3
AN. 2.2005 5:33PM
Ms. Anita LeVeaux
Jung 2, 2005
page 2
believe that a mining operation violates (1) the Mining Act, (2) any rules adopted under the
Mining Act, or (3) the teams and conditions of a permit" Clark Stone Company, Inc- 24 36,
,Dept. of Environment and Natural Resources, Div. of'Land Resources, 164 N.C. App-
594 S.E.2d 832, 840 (2004), review denied by --N.C.--, 603 83.2d 878 (2004) (emphasis added).
The legislature has mandated that DENR initiate such proceedings;
shDENR aall" serve no discretion
tten re ioe o
these matters. See N,C, Gen. Stat. § 74-58(a) (stating
the apparent violation).
Where mining activities pose a substantial physical hazard to public health and safety,
those activities violate the Mining Act, and DENR is obligated to initiate permit suspension or
revocation proceedings. Clark Stone, 164 N.C. App. at 37-38, 594 S,Ea2d at 8411, Where
a
Ma
mistakenly or unlawfully issues a mining permit in violation of existing red
uirementsf the
Mining Act, the permittee has 110 vested right in the permit. Id„ 164 N.C. App. at 40, 594 S,E.2d
at 842.
DENR has ample reason to believe that the mining operations of NAEM violate the
Mining Act, rules adopted under the Mining Act, and the terms and conditions of the Permit
on Wednesday, April 13, counsel for Mn. Walker described for you a number of serious
violations of the Mining Act, rules adopted under the Mining Act, and then discovery aand ono other
ditions
of the permit. At that time, on behalf of Mr. Walkei, we offered to suap
formal proceedings in ibis contested case and instead make an informal proffer of proof. The
express policy of this
nffort� pforth
�diing N.C.
wherreer possible and Mr- Walker authorized use rto
settlement through
epgage in such informal proceedings,Despite this policy, you refused our offer, stating that you
preferred to address these issues through formal discovery and adversarial proceedings.
By letter dated April 18, 2005, this :firm again described in detail the serious violations of
Mining Aot, its regulations and the Permit. The letter specifically described violations of the
mandatory public notice provisions at a s dGM
gibed s Stat.bstantiall damagetotattleas three potable
e 2004 and 2002
amendments to the Permit, The later
wells and a residence due to the blasting, as well as multiple instancesonto ock some pieces
and
as
large as 56 pounds, that the blasting has cast in a discernible spray pattern
0021). This flYrock was found up to 400 feet beyond the boundary of thstaaAE physical ands
erty. The
damage to the potable wells and residence and the fly�
rod 2 and 74.51(d)(4). The
to public health and safety in violation of N,G. Gen. Stet. §§74-51()()
letter dcacnbed other specific violationa of the Permit that Petitioner Walker and his counsel
have verified in the field. For instance, NAEM's establishment of a roadway 27 feet from the
sulphur Springs Creck is a clear violation of the Permit condition requiring a 100 toot buffer
between the creek and any affected land, including nonpublic roadways, Attached is a copy of a
photograph from DLNR's Mooresville file deinonstihting tho proximity of this road to tho crock

N0. 731 P. 4
,UN. 2.2005 5:33PM
Me. Anita LeVeaux
dune 2.2005
Page 3
to itiate
Together, these violations of the Permit and the Mining Act obligate
DENR
brought
suspension or revocation proceedings. That obligation exists independently of 94 anS.01 at bro
by petitioner Walker or D&M Emeralds, Inc, Id,164 N.C. App.
at 37-38,Our April 18, 2005 41.
letter renewed Mr. Walker's offer to present these facts and discuss
these issues informally. To be sure, DENR claims did not receivlethaas of theApril date of this
until May 2, 2005 despite evidence of delivery by
letter DENR still has not conducted any investigation of the flyrook, well damage or well
separation in the residence, not bag it expressed any willingness to discuss the underlying facts of
this matter informally. we have no indication that DENR has even reviewed its Me$ to
notice deficiencies that counsel for Mr. Walker first brought to $NR's
invcatigate the statutory
attention on April 13.
On April 22 and April 29, pursuant to document discovery requests, counsel for
Mr Walker reviewed the Mooresville and of t�t relate to the Permit. This
file review identified, among other things, Re followingdocuments:
1. Affidavit of Notification by NARM aotmowledged on June 24, 1999 listing
adjoining landowners receiving notice of the proposed Permit. D&M Emeralds,
Inc. is not identified is the affidavit as having reoeeiivd b 84 ttico of Re right to
submit comments or request apublic r hdaa�z>M�h 6, 2000. D&M EmeruldB, Inc,
atute-
2, Notice de Issuance the
Mining been sent notice of the Permit issuance as
is not identified in the notice as having
required by statute.
tion by NAEM acknowledged on March 22, 20021isttng
3. Affidavit of Notifica
adjoining landowners roceiving notice of the proposed Permit. D&M Emeralds,
Inc, is not identified in the affidavit as having received notice of the right to
submit comments or request a public hearing as regttzred by statute,
4, Correspondence from NAEM to DM dated October 19, 2004 attaching sample
notice letter to adjoining landowners dated October 8, 2004. The sample notice
letter failed to meet the statutory requirement giving notice of the right to submit
public comments or request a public hearing,
Counsel to Mr. Weser chose to attach documents 1 through 3 to Petitioner's Motion to Have
el F
nses to
A.dml might
Deemed observe for ititted or 'Toself Re ublic�nonce via tions associiated with the 2000 is uCcuests fox Admission SO eOf
DENR nigh p to 1&.Walker attached
the Permit and the 2pos�on to Respondent's 1 econd Motion to Dismiss, gain to ebring the
1vlemnrandum in Opposition
attention and to show DENR that 1Y issued the 200
defective notice letter to DENR'se period. Petitioner
amendment wi a permthis eviddenca DENRbofbro �cannot argue thar end of the t has no reason to believe that there
forthcoming
has not been a substantive violation of N.C. Gan, Stat. § 74-50(b2),

N0.131 P. 5
M, 2.2005 5:30M
Ms. Anita LeVeaux
June 2, 2005
page 4
Where a permit has been issued pursuant to detective public
n ti C. 71 it s voi4, 100 S if it 1�75
never beer< issued. Keiger V. Winston-Salem Board of Acji'ivm
(1972) (city zoning ordinance void ab intro because adopted pursuant to defective public
notice); Atlantic Coast Line R.R. Co. v. Town of Sa4ford, 188 N.C. 218, 220, 124 S.E. 308, 308
(1924) (city's subsequent assessments were invalid where aldermen failed to give statutory
notice to adjoining landowners).otie of cSee ancellation that failed so Pearstto code mplylwith statutory notice
382 S.E.2d 745 (1989)
Whzre permit t void ab itts because it was issued
requirements was void and ineffective), no vested
right
ed right in the permit, Clark Stone, 164 N.C.
unlawfully or mistakenly, the permittee has
App. at 40, 594 S.E.2d at 842.
Moreover, where public notice is defective, the statute of limitations on an aggrieved
partq's challenge of the permit is nter triggered and does not run. Ctld v. Bd. of Educ. of
Henderson County, 241 F.3d 374 (4 cit.
2001) (under North Carolina law, failure to provide
proper notice of agency's decision. ,never triggered" the 60-day appeal period); Atlantic Coast
Line, 188 N.C. at 220, 124 S.E. at 308 (time to file objections does not begin when statutory
notice not given); Jordan v, North Carolina Dep't of Transp., 140 N.C, App, 771, 538 S.E.2d
623 (2000) (notice to an employee that failed to inform her of the right to contest the designation
of her position as "exempt" did not trigger the 30-44y limitation period; employee's petition was
timely though filed nearly a year after she received the notice).
There can be no question that because the Permit was issued improperly in 2000 without
statutory notice, and amended improperly in 2002 and 2004, the Permit and amendments are
voidand subject to challenge at any time. Just as importantly, there can be no question that
UnI, is obligated to initiato suspension or revocation proceedings when a permit is issued
unlawfullyor mistakenly,
S.E.2d at 40. a Permit and its amendments in thus case. Clark Stone, 164
N.C. APP.at 36 ,
To date, DENR has filed two motions to dismiss on grounds that even though he is a
tenant of Permi 0005, and a caretaker of inters 0002 � fiand 0002D, ed to tithe Fred Walker
l�s
not an "aggrieved party" or "real party >
caused under color of the Permit, seek redress for NAEM s violations of the Permit, and ensure
procedural and substantive compliance with the Mining Act and the Permit. The law is
unassailable that both Walker and D&M Emeralds, Inc. are aggrieved parties who are real parties
in interest, with specific and .,identifiable interests in the issuance of the Permit and its
amendments. 'See e.g., Tennessee V. Environmental is one whose right to be heard has been
766-67, 338 SX.2d 781, 783 (1986) (aggri pand
impaired by agency); Empire Power Co. v. North Carolina beet, of Environment,Health ons
Naiurad Resources, 112 N.G. App. 566, 571 , 436 S,E.2d 594, 598 (1993) (aggrieved
include competitors of permit applicants whose lianoe with the lo ea ed interest is an procedural requirement of preparing an
t in the air
resources of the State and assuring comp Pro
envkonmental imps statement), rev'd on other ground , 337 Conn 56North Carolina ept6%
reh'g denied, 338 N.C. 314, 451 S.B.2d 634 (1994); County

,UN. 2.2005 5:30M
N0, 737 P. 6
Ms. Anita LeVeaux
June 2, 2005
Page 5
Transportation, 46 N.C. App, 350, 360-61, 265 S.E.2d 890, 895-96 (1980) (where the claim is
that a petitioner would be adversely affected by "increased levels of water, air and noise
pollution;' "injury to historical sites," or .,the, disruption of existing communities and social
intercourse and patterns in the area," aggrieved persons included citizens of a nearby county,
individual landowners, and nonprofit organizations lacking members living adjacent to the site of
the challenged action).
DENR has also filed a Motion to have Admissions Deemed Admitted and for Summary
Judgment on the grounds that Petitioner Walker failed to answer DENWs request for admissions,
DENR made this motion even though it admits actually having received the answer by email in a
timely fashion and the certificate of service states proper and timely service by mail. N.C.
Admin. Code Title 26, Section 3.0102(3) states plainly that service is complete upon placing the
item to be served with the U.S. Postal Service. You have not withdrawn this motion.
DEN?, has refused to answer discovery requests regarding public notice, Mining Act
violations, Permit violations, and the criminal record of N.AEM's majority shareholder, all of
which are relevant and reasonably calculated to dd=-roIne whether the Permit was issued
lawtirily and whether DENR has an obligation to initiate proceedings to suspend or revoke the
Permit_ These requests get to the heart of the issues. DENR's refusal to reconsider its objections
upon written request by Petitioner's ceunsal has forced petitioner to move that the requests for
admission be deemed admitted or to otherwise compel an answer.
DENR has now filed a Motion to Compel Discovery on the grounds that petitioner riled
to answer folly two interrogatories and verify the answers. Petitioner answered these
interrogatories even though DENR propounded them well after the discovery cut-off data. One
of those interrogatories requested the name of any geologist that Mr. Walker expects to call as an
expert. Since Mr. Walker has not yet identified any such expert, we remain unsure how to
identify the expert to DENR. We are also surprised that DENR made no effort to confer in good
faith to resolve its concerns, as required by Rule 37(a)(2), before raising them with the Court.
Such a conference is not only required by the Rule, but it also would have provided the most
expedient resolution, as Petitioner's counsel could have answered any of DENR's legitimate
questions on the spot.
DENR apparently filed these motions for no reason other than to harass Mr. 'Walker and
impose needless costs on a man whose sole source of income is a monthly disability check from
the Veteran's Administration. DENR has made no effort to comply with its statutory obligations
to investigate and rospond to NAEM's very serious violations of the Mining Act; its underlying
regulations, and the Permit, It is clear that DENR has chosen to waste resources avoiding these
issues rather than addressing the substantive problems as required by law.
I remind you that a vigorous defense should net, and cannot, come at the expense of
DENW s statutory obligations. Many of the defenses DM has raised are not well-grounded in
fact, nor are they warranted by existing law or a good faith argumout for the extension,

NO. 737 P. 7
AN. 2.2005 5:35PM
Ms, Anita LoVeaux
dune 2, 2005
Page 6
modification or reversal of existing law. Thus, if this behavior persists, there may come a t'MO
when Petitioner will be forced to seek sanctions.
Petitioner Walker and D & M Emeralds, Tnc, remain willing to engage in a good faith
effort to resolve this matter informally, so long as DENR makes clear that it will negotiate with a
genuine desire to resolve the substantive issues. 1 do not want to leave DENR with the mistaken
Impression, however, that Petitioner Walker and D & inclEmeralds,revonion of Ythngbut
Permit,
determined to pursue all remedies available to theta, g
sanctions and attorneys' fees, if the parties cannot resolve this matter. Please let me know within
to days of the date of this letter if DENR is wiliing'to engage in good faith, informal settlement
negotiations, and propose a date for such a meeting.
Sincerely,
ROBINSON, BRADSHAW & HINSON, P.A.
WWT/tbm
Enclosure
cc: Wm. Red Walker (w/ enclosure)
Dorothy Watkins (w( enolosure)
Jennifer F. Revelle

NO. 731 1P. 81 Qf 1
,UN. 2. 2005 5' j5PM
hltp://maps.w.alcxander.nc,us/sdx2OO51mapfrapte,htm 5/24/2005

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Parcel Print
Parcel Print Display
Account Number
Parcellnform
Sequence Number
0900872
Map Number
13337
Lot Number
H 7A
Owner Name
0002
Owner Mailing Address
D & M EMERALDS INC
City, State
PO BOX 276
Zip Code
HIDDENITE NC
Deed Book / Page /Date
28636
Total Value LOT 1 RIST MINE SR 1508
Acres $110,800.00
Register of Deeds 21
t 133S7
(?M)1 (267)
l i+� LHIMER: THIS MAP IS PREPARED FOR THE INVENTORY OF RE !'
COMPILED FROM RECORDED DEEDS, PLATS, AND OTHER PUBLIC AND DATA. USERS OF WH'I ARE JURISDICTION EBY NOTIFIED
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DOF TIS
HE
INFORMATION CONTAINED ON THIS MAP. THE COUNTY AND THE MAPPING COMPANIES ASSUME NFOR O LEGAL RESPONSIBILITIES
FOR THE INFORMATION CONTAINED ON THIS MAP. GRID IS BASED ON THE NORTH CAROLINA STATE PLANE COORDINATE
SYSTEM 1983 NORTH AMERICAN DATUM. INTERNATIONAL FOOT CONVERSION. June 8, 2005 : 10:14:37 am The data effective date
is: 22 October 2003
h'tp://TnaPs-co.alexander.ne.us/sdx2005/ParcelPlint.htin
Page 1 of 1
6/8/2005

UN. 2.2005 5:j2PM N0.75 I
ROBINSON BRADSHAW & HINSON
WILLIAM W. TOCLE DIRECT DIAL: 704.377.8373
CHARLOTTE OFFICE DIRECT FAX: 704,373.3973
WI'pOLE@qet-i,COM
June 2, 2005
VIA FACSIMILE AND CER'LJMD MAIL
Ms, Anita LeVeaux
N.C. Department of Justice
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699
Re: , WM. FY•ed Walker, Jr, V. N C. Dept, of Environment and Natural Resources, Case
No, 04-EHR-2162
Dear Ms. LeVeaux;
This firm represents Wm, Fred Walker, Jr, with regard to matters associated with the
issuance of and subsequent amendments to a permit ("Permit") by the MC, Department of
Environment and Natural Resources, Land Resources Division ("DENR') to North Amerioarx
Emerald Mines, Inc. (NAEM). This firm has recently became engaged by D&M Emeralds,
Inc, with regard to the same matter. The purpose of this letter is to delineate, once again, the
Acts and law of this matter so that you may understand why DENR's opposition to modification
or revocation of the Permit is neither well grounded in fact nor warranted by existing law.
The Permit allows mining on the property identified as parcel 0002F on the attached
sketch ("NAEM Property"), The attached sketch is drawn from the Alexander County GIs
system available on the web at http://maps.co.alexander.iie,us/sdx2005/`iewer.htm, an address
discovered in DENR's Raleigh files during our document review on Friday, April 29.
Mr, Walker lives at 173 Riverside Faun Lane, Hiddenite, North Carolina 28636,
identified as parcel 0005 on the attached sketch. Mr, Walker teases this parcel from Jack B.
Wooten & Company. This parcel lies within 1,000 feet of the boundary of the NAEM Property.
Mr.Walker also cares for the Jack B. Wooten Company parcel 0002A as identified on the
attached sketch. Parcel 0002A is contiguous to a portion of the NAEM Property identified as
parcel 0002F. Mr. Walker is also the caretaker of Parcel 0002D, which is owned by Betty A,
Wooten and is contiguous to a portion of the NAEM Property.
D & M Emeralds, Inc. owns the property identified as parcel o002 on the attached sketch,
which is also contiguous to a portion of the NAEM Property,
North Carolina law is certain; "[Toler section 74-58 of the North Carolina General
Statutes, DENR must initiate suspension or revocation proceedings whenever it hag reason to
C 435035V2 18484.00011
Attomays at Law
Charlotte Office: 101 North Ryon Sttcct, Suite 1900, Charlotte, NC 29246 Ph: 704.377.2536 Fx:104.378.4000
South Carolina Office: 140 East Main Strca, Suito 420, P.O. Drawer 12070, Rock Hill, SC 29731 Ph: 801,325.2900 Fx: 803,325,2929

A. 2.2005 5:33PM NO.731 P. 3
Ms. Anita LeVeaux
June 2, 2005
Page 2
believe that a mining operation violates (1) the Mining Act, (2) any rules adopted under the
Mining Act, or (3) the terms and conditions of a permit" Clark Stone Company, Inc. v. N.C.
Dept of Environment and Natural Resources, Div. of Land Resources, 164 N.C. App. 24, 36,
594 S.E.2d 832, 840 (2004), review denied by --N.C.--, 603 83.2d 878 (2004) (emphasis added).
The legislature has mandated that DENR initiate such proceedings; DENR has no discretion in
these matters. See N,C, Gen, Stat. § 74-58(a) (stating that DENR "shall" serve written notice of
the apparent violation),
Where mining activities pose a substantial physical hazard to public health and safety,
those activities violate the Mining Act, and DENR is obligated to initiate permit suspension or
revocation proceedings. Clark Stone, 164 N.C, App. at 37-38, 594 S,E,2d at 841. Where DENR
mistakenly or unlawfully issues a mining permit in violation of existing requirements of the
Miming Act, the permittee has 110 vested right in the permit. Id„ 164 N.C. App. at 40, 594 S.E,2d
at 842,
DENn has ample reason to believe that the mining operations of NA13M violate the
Mining Act, rules adopted under the Mining Act, and the terms and conditions of the Permit,
On Wednesday, April 13, counsel for Mr. Walker described for you a number of serious
violations of the Mining Act, rules adopted under the Mining Act, and the terns and conditions
of the Permit. At that time, on behalf of Mr. Walker, we offered to suspend discovery and other
formal proceedings in this contested case and inetead make an informal proffer of proof. 3'he
express policy of this state, set forth in N.C. Gen. Stat. § 150B-22, mandates that DBNR.explore
settlement through informal proceedings wherever possible and Mr. Walker authorized use to
engage in such informal proceedings. Despite this policy, you refused our offer, stating that you
preferred to address these issues through formal discovery and adversarial proceedings,
By letter dated April 18, 2005, this firm again described in detail the serious violations of
Mining Act, its regulations and the Permit, The letter specifically described violations of the
mandatory public notice provisions at N.C. Gen, Stat. § 74-50(b2) related to the 2004 and 2002
amendments to the Permit, The letter also described substantial damage to at least three potable
wells and a residence due to the blasting, as well as multiple instances of flyrock, some pieces as
largo as 56 pounds, that the blasting has cast in a discernible spray pattern onto parcels 0005 and
002D. This flyrock was found up to 400 feet beyond the boundary of the NAEM Property. The
damage to the potable wells and residence and the flyrock constitute substantial physical hazards
to public health and safety in violation of N,C, Gen. Stat, §§ 74.51(d)(2) and 74-51(d)(4). The
letteu described other specific violations of the Permit that Petitioner Walker and his counsel
have verified in the field. For instance, NAEM's establishment of a roadway 27 feet from the
Sulphur Springs Creek is a clear violation of the Permit condition requiting a 100 foot buffer
between the oeek and any affected land, including nonpublic roadways, Attached is a copy of a
photograph from DLNR's Mooresville file demonstrating the proximity of this road to the truck

,UN. 2.2005 5:33PM
NO. 737 P. 4
Me. Anita LeVeaux
June 2, 2005
Page 3
Together, these violations of the Permit and the Mining Act obligate DENR to initiate
suspension or revocation proceedings. That obligation exists independently of any claim brought
by Petitioner Walker or D&M Emeralds, Inc, Id. 164 N.C. App. at 37-38, 594 S.E.2d at 841.
Our April 18, 2005 letter renewed Mr. Walker's offer to present these facts and discuss
these issues informally. To be sure, DENR claims it did not receive the April 18, 2005 letter
until May 2, 2005 despite evidence of delivery by e-mail. Nonetheless, as of the date of this
letter DENR still has not conducted any investigation of the flyrock, well damage or wall
separation in the residence, nor has it expressed any willingness to discuss the underlying facts of
this matter informally. We have no indication that DENR has even reviewed its files to
investigate the statutory notice deficiencies that counsel for Mr. Walker first brought to DENR's
attention on Apri113,
On April 22 and April 29, pursuant to document discovery requests, counsel for
Mr. Walker reviewed the Mooresville and Raleigh files of DENR that relate to the Permit. This
file review identified, among other things, the following documents:
1. Affidavit of Notification by NAEM acknowledged on June 24, 1999 listing
adjoining landowners receiving notice of the proposed Permit. D&M Emeralds,
Inc. is not identified in the affidavit as having received notice of the right to
submit comments or request a public hearing as required by statute.
2. Notice of Issuance of Mining Permit dated March 16, 2000. D&M Emeralds, Inc.
is not identified in the notice as having been sent notice of the Permit issuance as
required by statute.
3. Affidavit of Notification by NAEM acknowledged on March 22, 2002 lio t>ra,
adjoining landowners receiving notice of the proposed Permit. D&M Emeralds,
Inc, is not identified in the affidavit as having received notice of the right to
submit comments or request a public hearing as required by statute.
4. Correspondence from NAEM to DENR dated October 19, 2004 attaching sample
notice letter to adjoining landowners dated October 8, 2004, The sample notice
letter failed to meet the statutory requirement giving notice of the right to submit
public comments or request a public hearing.
Counsel to Mr. Walker chose to attach documents 1 through 3 to Petitioner's Motion to Have
Admissions Deemed Admitted or To Compel Responses to Requests for Admission so that
DENR might observe for itself the public notice violations associated with the 2000 issuance of
the Permit and the 2002 amendment. Counsel to Mr. Walker attached document 4 to Petitioner's
Memorandutti in Opposition to Respondent's Second Motion to Dismiss, again to bring the
defective notice letter to DENR's attention and to show DENR that it issued the 2004
amendment to the Permit 11 days before the end of the notice period. ketitioner Walkerhas been
forthcoming with this evidence. DENR cannot argue that it has no reason to believe that there
has not been a substantive violation of N.C, Gen. Stat. § 74-50(b2).

AN. 2.2005 5:30M
N0, 737 P. 5
Ms. Anita LeVeaux
June 2, 2005
Page 4
Where a permit has been issued pursuant to defective public notice, it is void as if it had
never been issued. Keiger v. Winston-Salem Board of AcUustment, 281 N.C. 715,190 S,E.2d 175
(1972) (city zoning ordinance void ab initio because adopted pursuant to defective public,
notice); Atlantic Coast Line R.R. Co. v. Town of Sanford, 188 N.C. 218, 220, 124 S.E. 308, 308
(1924) (city's subsequent assessments were invalid where aldermen failed to give statutory
notice to adjoining landowners). See also Pearson v. Nationwide Mutual Ins. Co., 325 N.C. 246,
382 6.E.2d 745 (1989) (notice of cancellation that failed to comply with statutory notice
requirements was void and ineffective). Where a permit is void ab initio because it was issued
unlawfully or mistakenly, the pemv ttee has no vested right in the permit, Clark Stone, 164 N.C.
App, at 40, 594 S.E.2d at 842.
Moreover, where public notice is defective, the statute of limitations on an aggrieved
partf s challenge of the permit is never triggered and does not ran. CM v. Bd. of Tduc. of
Henderson County, 241 F.3d 374 (e Cir. 2001) (under North Carolina law, failure to provide
proper notice of agency's decision "nev®r triggered" the 60-day appeal period); Atlantic Coast
Line, 188 N.C. at 2200 124 S.E, at 308 (time to file objections does not begin when statutory
notice not given); Jordan v, North Carolina Dept of Transp., 140 N.C. App, 771, 538 S.E.2d
623 (2000) (notice to an employee that failed to inform her of the right to contest the designation
of her position as "exempt" did not trigger the 30-4ay limitation period; employee's petition was
timely though filed nearly a year after she received the notice).
There can be no question that because the Permit was issued improperly in 2000 without
statutory notice, and amended improperly in 2002 and 2004, the Permit and amendmente are
void. and subject to challenge at any time. Just as importantly, there can be no question that
DENR. is obligated to initiate suspension or revocation proceedings when a permit is issued
unlawfully or mistakenly, as was the Permit and its amendments in this case. Clark Stone, 164
N.C. App. at 36, 594 S.E.2d at 840.
To date, DENR has filed two motions to dismiss on grounds that even though he is a
tenant of Parcel 0005, and a caretaker of Parcels 0002A and 0002D, Petitioner Pred Walker is
not an "aggrieved party" or "real party in interest" entitled to prevent damage to those lands
caused under color of the Permit, seek redress for NAEM's violations of the Penult, and ensure
procedural and substantive compliance with the Mining Act and the Permit. The law is
unassailable that both Walker and D&M Emeralds, Inc. are aggrieved parties who are real parties
in interest, with specific and ;identifiable interests in the issuance of the Permit and its
amendments. 'See e.g., Tennessee v, Envtronmental Management Comm., 78 N.C. App. 763,
766-67, 338 S,E.2d 781, 783 (1986) (aggrieved person is one whose right to be heard has been
impaired by agency); Emptre Power Co, v North Carolina Dept, of Environment, Health and
Natural Resources, 112 N.C. App. 566, 571 , 436 3,E,2d 594, 598 (1993) (aggrieved persons
include competitors of permit applicants whose sole affected interest is an "interest in the air
resources of the State" and assuring compliance with the procedural requirement of preparing an
envirarmiental impact statement), rev'd on other grounds, 337 N.C. 569, 590, 447 SA2d 768,
reh'g denied, 338 N.C. 314, 451 S,E,2d 634 (1994), Orange County v, North Carolina Dept, of

,UN. 2.2005 5:30M
NO. 1; 7 P. 6
Ms. Anita LeVcaux
June 2, 2005
Page 5
Transportation, 46 N.C. App, 350, 360-61, 265 S.E.2d 890, 895-96 (1080) (where the claim is
that a petitioner would be adversely affected by "increased levels of water, air and noise
pollution," "injury to historical sites," or "the disruption of existing communities and social
intercourse and patterns in the area," aggrieved persons included citizens of a nearby county,
individual landowners, and nonprofit organizations larking members living adjacent to the site of
the challenged action).
DENR has also filed a Motion to Have Admissions Deemed Admitted and for Summary
Judgment on the grounds that Petitioner Walker failed to answer DENR's request for admissions,
DENR made this motion even though it admits actually having received the answer by email in a
timely ihshion and the certificate of service states proper and timely service by mail. N.C.
Admin. Code Title 26, Section 3,0102(3) states plainly that service is complete upon placing the
item to be served with the U. S. Postal Service. You have not withdrawn this motion.
DENR has refused to answer discovery requests regarding public notice, Mining Act
violations, Permit violations, and the criminal record of NAEM's rn jortty shareholder, all of
which are relevant and reasonably calculated to determine whether the Permit was issued
lawtirlly and whether DENR has an obligation to initiate proceedings to suspend or revoke the
Permit. These requests get to the heart of the issues. DBNR's refusal to reconsider its objections
upon written request by Petitioner's counsel has forced petitioner to move that the requests for
admission be deemed admitted or to otherwise compel an answer.
DENR has now filed a Motion to Compel Discovery on the grounds that petitioner failed
to answer fully two interrogatories and verify the answers, Petitioner answered these
interrogatories even though DBNR propounded them well after the discovery cutoff date. One
of those interrogatories requested the name of any geologist that Mr. Walker expects to call as an
expert. Since Mr. Walker has not yet identified any such expert, we remain unsure how to
identify the expert to DENR, We are also surprised that DENR made no effort to confer in good
faith to resolve its concerns, as required by Rule 37(a)(2), before raising them with the Court.
Such a conference is not only required by the Rule, but it also would have provided the most
expedient resolution, as Petitioner's counsel could have answered any of DENR's legitimate
questions on the spot.
DENR apparently filed these motions for no reason other than to harass Mr. 'Walker and
impose needless costs on a man whose sole source of income is a monthly disability check from
the Veteran's Administration. DENR has made no effort to comply with its statutory obligations
to investigate and respond to NAEM's very serious violations of the Mining Act; its underlying
regulations, and the Permit, It is clear that DENR has chosen to waste resources avoiding these
issues rather than addressing the substantive problems as required by law.
I remind you that a vigorous defense should not, and cannot, come at the expense of
DENR's statutory obligations, Many of the defenses DENR has raised are not well-grounded in
fact, nor ate they warranted by existing law or a good faith argument for the extension,

A. 2.2005 5:35PM
NO. 1; 7 P. 1
Ms. Anita LeVeaux
June 2, 2005
Page 6
modification or reversal of existing law. Thus, if this behavior persists, there may come a timc
when Petitioner will be forced to seek sanctions.
Petitioner Walker and D & M Emeralds, Inc. remain willing to engage in a good faith
effort to resolve this matter informally, so long as DENR makes clear that it will negotiate with a
genuine desire to resolve the substantive issues. I do not want to leave DENR with the mistaken
impression, however, that Petitioner Walker and D & M tmeralds, Inc. are anything but
determined to pursue all remedies available to them, including revocation of the Permit,
sanctions and attorneys' fees, if the parties cannot resolve this matter. Please let me know within
to days of the date of this letter if DENR is willing'to engage in good faith, informal settlement
negotiations, and propose a date for such a meeting,
Sincerely,
ROBINSON, BRADSHAW & HINSON, P.A.
W WT/tbm
Enclosure
cc: Wm. Fred Walker (w/ enclosure)
Dorothy Watkins (w/ enclosure)
Jennifer R Revelle

AN, 2, 2005 5;35PM NO, 7;7 IP. 81 Of
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7A / 0002B
Data
LLC
SULPHUR
Data
Map
SPRINGS
H t
Only
and 0900467
PROPERTIES
7A / 0002B
Data
LLC
SULPHUR
Data
Man
0900467
SPRINGS
PROPERTIES
H-
7A / 0002B
only
Dada
LLC
SULPHUR
Data
M�
and 0900467
SPRINGS
PROPERTIES
H-
7A / 0002B
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Data
LLC
Data
Map
and 0900468
JACK B
WOOTEN CO
H-
7A / 0002A
Only
Data
Data
Man
and 0900468
JACK B
WOOTEN CO
H-
7A / 0002A
Only
Data
Data
Map
and 0900690
WOOTEN
BETTY A
H-
7A /0002D
Only
Data
Data
M 0900690
WOOTEN
BETTY A
H-
7A / 0002D
Only
and
119951 Show 161811 1531 D NEAN I HIDDENI7
11995 I Show 161811 1 531 DUNCAN I HIDDENI7
LANE
111995 I Show 161811 1531 DD NCAN I HIDDEN"
LANE
1995 I Shaw 161811 1531 DDUNCAN I HIDDENI7
LANE
847 BUFFALO
STATESN
1995
Show
61812
SHOALSRD
NC
847 BUFFALO
STATES%
1995
Show
61812
SHOALSRD
NC
5485
CLEVEL
i1997
Show
61813
CHENAULT
NC
5485
CLEVEL
51997
Show
61813
CHENAULT
NC
http://maps.co.alexander.nc.us/sdx2005/ParcelInitial.htm
6/8/2005

Parcel Results
Page 4 of 4
Data
Mao
ESMERALDA
311
Data
and
0900700
EXPLORATION
H-
038617581997
Show
61814
MACEDONIA
TAYLORS
Only
Data
INTNL%D
WATTS
7A / 0002C
CH RD
NC
Man
ESMERALDA
311
Data
and
0900700
EXPLORATION
INTNL%D
H-
7A / 0002C
038617581997
Show
61814
MACEDONIA
TAYLORS
NC
Only
Data
WATTS
CH RD
Man
0901488
MICI A L J
7A / 0022A
046606802004
Show
66779
PO BOX 118
HIDDENI7
OOnly
Data
Man
0901488
MICAHA�EL J
7A / 0022A
046606802004
Show
66779
PO BOX 118
HIDDENI7
OOnly
Dad
Man
NORTH
Data
and
0901549
AMERICAN
H-
047308212004
Show
66993
531 DUNCAN
HIDDENI7
Only
Data
--
EMERALD
MINES INC
7A / 0002F
LANED
MaR
NORTH
Data
and
0901549
0901549EMERALD
AMERICAN
H-
7A / 0002F
047308212004
Show
66993
531 DUNCAN
LANED
HIDDENI7
Only
MINES INC
Date/Time Stamp
The data effective date aS:
DISCLAIMER: THIS MAP IS PREPARED FOR THE INVENTORY OF REA
THIS JURISDICTION AND IS COMPILED FROM RECORDED DEEDS, P
June 8, 2005
22 October 2003
DATA. USERS OF THIS MAP ARE HEREBY NOTIFIED THAT THE AFOR
INFORMATION SOURCES SHOULD BE CONSULTED FOR VERIFICATIC
10:06:59 am
CONTAINED ON THIS MAP. THE COUNTY AND THE MAPPING COMPA
RESPONSIBILITIES FOR THE INFORMATION CONTAINED ON THIS M
NORTH CAROLINA STATE PLANE COORDINATE SYSTEM 1983 NORTF
INTERNATIONAL FOOT CONVERSION.
_Top of Page Close Parcel Information Window
http://maps.co.alexander.nc.us/sdx2005/Parcellnitial.htm 6/8/2005

Parcel Results
Page 2 of 4
Data
and
0912876
R
JAMCAENTES D SR
H-
7A / 0006
036012771994
Show
1
13153
1015 SHARPE
LN
HIDDENI7
Only
Data
Data
d
0912876
CANTER
JAMES D SR
H-
7A / 0007
036012771994
Show
13155
1015 SHARPS
LN
HIDDENI7
Only
Data
Data
Man
0912876
CANTER
JAMES D SR
H-
7A / 0007
036012771994
Show
13155
1015 SHARPE
LN
HIDDENI7
Only
Dand ata
Data
Man
0921396
CANTER
VICTORIA
LEIGH
H-
7A / 0012
029707001989
Show
13156
958 SULPHUR
SPRINGS RD
HIDDENI7
and
Only
Data
Data
Man
0921396
CANTER
VICTORIA
LEIGH
H-
7A / 0012
029707001989
Show
13156
958 SULPHUR
SPRINGS RD
HIDDENI7
and
Only
Data
Data
Mao
0900323
CANTER
BONNIE C
H-
7A / 0008
036012791994
Show
13157
1015 SHARPE
IN
HIDDENI7
Only
Data
Data
Only
Mao
0900323
CANTER
BONNIE C
H-
7A / 0008
036012791994
Show
13157
1015 SHARPE
IN
HIDDENI7
and
Data
Data
Man
0921395
CANTER
JAMES D JR
H-
7A / 0014
029706981989
Show
13158
958 SULP14ER
SPRINGS RD
HIDDENI7
Dada
Only
Data
Man
0921395
CANTER
JAMES D JR
H-
7A / 0014
029706981989
Show
13158
958 SULPHER
SPRINGS RD
HIDDENI7
Onl
and
Data
Data
Map d
Data
0912876
CANTER
JAMES D SR
H-
7A / 0010
029707021989
Show
13159
1015 SHARPE
LN
HIDDENI7
Only
Data
Map
andData
0912876
I
CANTER
JAMES D SR
H-
7A / 0010
029707021989
Show
13159
1015 SHARPS
LN
HIDDENI7
:o:
1
and
Data
0900336
JOHNSON
ROBERT E & L
B
11-
7A 0023
035916111994
Show
13241
PO BOX 54
HIDDENI7
Only
—x
Man
0900336
JOHNSON
ROBERT E & L
B
7A 0023
035916111994
Show
13241
PO BOX 54
HIDDENI7
ODniy
and
Data
Data
Mau
and
0900872
D & M
EMERALDS
INC
7A 0002
039719341999
Show
13337
PO BOX 276
HIDDENI7
Z
Data
Map
Data
0900872
D & M
EMERALDS
INC
7A 0002
039719341999
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13337
PO BOX 276
HIDDENPI
��and
Data
onlyDandata
Man
0900328
TALMAMCLGE S
7A 0025
035906541994
Shaw
13523
PO BOX 36
POLKTO]
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—X
Man
and
Data
0900328
MCLAIN
TALMAGE S
7A 0025
135906541994
Show
13523
PO BOX 36
POLKTOI
Data
Only
Map
and
Data
0912877
CANTER
JAMES JR &
VICTORIA
H-
7A / 0024
036219691994
Show
13554
958 SULPHUR
SPRINGS RD
HIDDENPI
http://maps.co.alexander.nc.us/sdx2005/ParcelInitial.htm 6/8/2005

Parcel Results
Page 1 of 4
Parcel Query Results
To display a map and parcel data for a specific parcel, click on the link that says Map & Info from tht
• To reorder the results, click on the column/field name you want to sort by.
Ta Another Parcel Query
Your query by Map Number: (ex. a12b) LIKE H-7A resulted in 54 record(s).
Show
Data
Show
Map
Account
Number
Owner Name
Map / Lot
Num er
Deed
Information
Property
Record
Card
S equence
#
Address
Citv, S1
Data
Map
0901268
BROWN JOHN
M & OTHERS
H-
7A / 0001
043521842002
Show
12982
2301
CROWNPOINT
EXEC DR STE
F
CHARLC
NC
Only
Danadd
Data
Man
and
0901268
BROWN JOHN
M & OTHERS
H-
7A / 0001
043521842002
Show
12982
2301
CROWNPOINT
EXEC DR STE
F
CHARLC
NC
Onl
—X
Data
Data
Map
BROWN JOHN
M & OTHERS
H-
7A / 0001
043521842002
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2982
2301
CROWNPOINT
EXEC DR STE
F
CHARLC
NC
and0901268
Onl
—y
Data
Data
Map
0901268
BROWN JOHN
M & OTHERS
H-
7A / 0001
043521842002
Show
12982
2301
CROWNPOINT
EXEC DR STE
F
CHARLC
NC
Only
Dand ata
MaR
and
0913050
DEEMS INCE
7A 0022
026103661985
Show
13050
PO BOX 276
HIDDENI7
Onla
— X
Data
Data
1 a2
0913050
HIDDENITE
GEMS INC
H-
7A / 0022
026103661985
Show
13050
PO BOX 276
HIDDENI7
Only
Danadd
Data
Map
and
0921396
CANTER
VICTORIA
LEIGH
H-
7A 0011
029707001989
Show
13150
958 SULPHUR
SPRINGS RD
HIDDENI7
6:
Data
Data
Data
Man
and
0921396
CANTER
VICTORIA
LEIGH
11
7A / 0011
029707001989
Show
13150
958 SULPHUR
SPRINGS RD
HIDDENI7
Data
Data
Onl
—�
Map
0921395
CANTER
JAMES D JR
H-
7A / 0013
029706981989
Show
13151
958 SULPHER
SPRINGS RD
HIDDENI7
and
Data
Data
Onl _
—y
Map
0921395
CANTER
JAMES D JR
H-
7A / 0013
029706981989
Show
13151
958 SULPHER
SPRINGS RD
HIDDENII
az—'d
Data
Data
Map
Danndd
0900323
CANTER
BONNIE C
H-
7A / 0009
036012791994
Show
13152
1015 SHARPE
IN
HIDDENI7
[Data
Man
0900323
CANTER
BONNIE C
H-
7A /0009
036012791994
Show
13152
1015 SHARPEand
LNHIDDENI7
Data
Map
and
0912876
CANTER
JAMES D SR
H-
7A / 0006
036012771994
Show
13153
1015 SHARPE
IN
HIDDENI7
Map
http://maps.co.alexander.ne.us/sdx2005/Parcelhiitial,htm 6/8/2005

Sachs Tax
pwK 0362pauiI208
FILED
811OK3.2A-PAU.1r2s.t.$..
94 JUN 17 PH 2: 20
:. Rf GFSTIEtH OF DEEDS
Time. Book end
Tay, Ut No. ._. ......... ... Parcel Identifier No. ...... ... ................ .....
.
Verified by ............... . ...... .. ...._.... County on the day of .. _. ... ... .., 19 .. .
by. ._.........._ _...._........... .. ........._....................................I....................................
Mail after recording to .. .... ..... ......... .........................
....... ........................ ................ ......... ...........
...................................... ........... ...... ......... .. .. ..... .... I.............
This inatruenent was prepared by Regina 1d.T. Joyner, At ty...,.. P.o Bo.x. 88. Ta yl orsxillr_... RC.
. ....
Brief description for the Index
1 Shariles jwp Alex d r G Nc
NOR`I'ii CAROLINA GENERAL WARRANTY DEEM}
THIS DEED made this 15th day of .. Jun.e...
GRANTOR
Woodworks Etc., Inc
is 94 , by and between
GRANTEE
LKA International, Inc.
PO Box 2028
Gig Harbor, Wa 98335
Eater 1n x9o"rlale mote for man peny: name, neawm, end, it svpm. ,vide, etmemer of min , e,n eorpomtam or emmembtp I
The deeignatioa Grantor and Grantee as used herein shall include said parties, theb heirs, successors, and assigns, and ,
shall include singular, plural, masculine, fem;nihe or neuter as required by context.
VPTXBSBSTH, that the Grantor. for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents ,:oes grant, bargain, unit and convey unto the Grantee in fee simple, all that
certain lot or Parcel of laud situated in the City of S11.9.Spes , ....... Township. _
Alexander County, North Carolina and more particularly described as follows;
Tract 1: Being all of that certain tract or parcel of land lying and
being in Sharpes Twp., Alexander Co., NC and containing 188.53 acres
more or leas, and adjoining the Duncan lands on the N; Kennedy Sharpe
and Jim Johnson on the S; and the S Yadkin River on the B; and Kennedy,
Sharpe and the Miller lands on the W. and being more particularly
described by metes and bounds as follows: Beginning al. a Hickory tree,
the NW corner of the property formerly owned by Edgar Mitchell, and
runs thence N 13 degs 52 min E 339.14 ft to an iron; thence N 89 degs
30 min E 561.13 ft to a stone; thence N 68 degs 13 min E 100 it to at..
iron; thence S 88 deg 42 min E 157.1 ft crossing the creek to an Iron
and stone; thence S 89 deg 20 min E 2G2.90 ft to an iron; thence S 87 `
deg E 881.50 ft to a stone; thence N 07 d':g 02 min E 336 it to an iron s'
thence S 80 deg 55 min E 408 ft to an iron.: thence N 02 deg 30 min W
690,06 ft with CR 1492 to in iron stake; thence S 81 deg 30 min E
403.80ft to a stone; thence N 12 deg 12 min E 165 ft to an iron stake;
thence S 84 deg 10 min E 1192.71 ft referenced by an iron 10 ft back
from a corner; thence S 23 deg 15 min W 322 ft with the S Yadkin River;
thence with the river as follows: S 21 deg W 250 ft; S 05 deg 30 min
E 238 it; S 06 deg 30 min E 165 ft; S 17 deg 30 min E 330 ft; S 10 deg
30 min E 660 it; and S 11 deg 30 min W 650 ft to a point at the forks
of the river; thence with the N edge of Sulphur Springs Crack the follow.
ing courses and distances: N 74 deg (contirued on Exhibit A attached A
. �.raoa.ed Fero Nn. v 19r6. leN d a Hb -,rr wnuw at�.,n.m nr. m..h+ G »q, y

U01A 0362nGEU09
The propetty hereinsbove deacribed was acquired by Grantor by instrument recorded in .. ... ........
A map allowing the above described property is recorded in Vial Book . .. page
TO HAVE AND TO HOLD the storeaxid lot or parcel of land and all privileges and appurtenances thereto balongtng in
the Grantee in tee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in NO simple, has the rigIA to convey
the name in fee aimpie, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except ter the exception$ hereinafter stated.
Title to the property hereinabove described is subject to the following exmpllons:
rP wzyMESt WIrEAEOr, sae Gents bay heeunn' yet hir bxbd and 1«ai. of it eer"T'"" ha eased l.ro eataema to We a'sne a ar
"`q Htlen v by 1u Ann,aeaerlaM Nfben ... rn seal le 1e keean1. a111xe4 by aeh9rin` of V. Gerd 91 Dke.01•, as der e. rear
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..._pvaW
- (Porpala4 Name) 1 / � '
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fia4APANP ream CAa00NA.---------- %�
a 1. a X..* Penn. N MeC9Nty ad sate Norebla. erWY that_... CaGa&..' isi)w..
n•-----------------
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owWeaar ..... ._......a arexr...r .hir der NA eknovledrei thy, •wean. N te• rema9fer aetrbynn.h Mnaear ny
b LT, t LL
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1. a NNary R.tle •[ ar CeeetY sna pee NaraWd, ny,tur tknt
J•"P
oy �s^.��! y�y� ,
e ve.rra.nr eaa+ taro)[ be. an any ma euewbadM o,e _.� as+� _________________..__.__ a•eq reE•M
cr t:'O' ;s• -:
y t+jOtntxfcP4______________ a ...n-..(.,,..and w.e by wane) aw ...
'W.sad a lee a4 N a« eorppn(W� Meforraeive berasrot .0 alt.W a w am* by US__.......r....
. Tpn
Pnddt abded dill M e•rpaeab teal sad ntGakE r ..- fe ....!$Kress ._.__. z"Weet
�j p .J
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Wluen, ar aabd W NMW WSP nwL ub /.__W N. _ ...__
raNb
ray camvtebe earl __/_-_
x'ar Yrry,aomE c.'W11.0 a a1 _ _ _____ _ _______________.___.___--........--.___.............._....................._.._............
sue. -
..................... .......! 1.�C^K*_.t^-�Sli9a4..................................... ....................
.....e•
1aW'91.e.MNwlMNb en eareerl. Ina. U., see .t a.d on .v unlate are del) wEbtaw alW deb tad taw, and W as aa•h "I Pea ehevp
�'{--='•_•—".......... nabeasaa of naxM Pon .... t7x�Gyp
it"-.._.._....m
.....................DIf16WA.ruu.t.aetwrNneNr
N. C av Hwti'Fo,m No.l G 1tap, aenW n 19)l -,w wmrx e u + re. vr'.v. Vr..x a rmi
rriixua y.,w+�nr�v x G ee.m '1:

Alexander County, NC Property Record Card
Page 1 of 1
&s33I 7�71-Q a : 1 .. _.-FRax z o.T_T -&Ism f NEs - --........
-- -
.
NORTH AMERICAN EMERALD MINES INC ¢�73 7p1p,,21QQ004 VACANT 03 01 01
531 DUNCAN LAMED y69 bi11995 13 00
HHHHH,E2IYYYYY-QE 1104
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UR14.321 1.17 .12 1.05 5125 77
.WS
— _._....— ._.. . -... L —..
14.321 77
- 771001 5/20/
09-01599
Format Card For Printing
http://maps.co.alexander.nc.uslcgi-bin/alexanderICreatePRC_2.pl?reeNum=66993_ 6/8/2005

STATE OF NORTH CAROLINA
COUNTY OF ALEXANDER
JACK B. WOOTEN & CO.
WM. FRED WALKER, JR.,
Petitioners,
V.
N.C. DEPT. OF ENVIRONMENT
AND NATURAL RESOURCES,
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
04-EIIR-2162
PETITIONER WALKER'S FIRST
REQUEST FOR PRODUCTION OF
DOCUMENTS
Pursuant to Rule 34 of the North Carolina Rules of Civil Procedure and North Carolina
Administrative Code Title 26, Rules 3.0101 and 3.0112, Petitioner William Fred Walker, Jr.
("Petitioner"), through counsel, requests that the N.C. Dept. of Environmental and Natural
Resources ("DENR") permit Petitioner to inspect and copy any and all Documents described
below which DENR possesses, has access to, or has custody of, at the offices of RoBINsoN,
BRADsHAw & HiNsoN, P.A., 101 North Tryon Street, Suite 1900, Charlotte, NC 28246.
Pursuant to N.C. Admin. Code Rule 3.0112(f), within 15 days of receipt of these requests, the
Respondent must (1) move for relief from the requests; (2) provide the requested materials; or
(3) offer a schedule for reasonable compliance with the request.

DEFINITIONS AND INSTRUCTIONS
1. "DENR," "You" or "Your" shall mean the North Carolina Department of
Environmental Resources and its officials, employees, agents and representatives.
2. "NAEM" shall mean North American Emerald Mines, Inc. and its employees,
agents and representatives.
3. "Permit" shall mean Mining Permit No. 02-06 held by NAEM.
4. "Mine" shall mean the mining operation permitted by the Permit and located in
Alexander County, North Carolina.
S. "Affected Party" shall mean any record owner of land adjoining that lies within
1,000 feet of the Permit boundaries, any record owner of land that lies directly across and is
contiguous to any highway, creek, stream, river, other watercourse, railroad track, utility or other
public right-of-way that lies within 1,000 feet of the Permit boundaries, and any other persons,
corporations or other entities who are "persons aggrieved" as set forth in N.C.G.S. § 150B-2(6).
6. "Document" refers to all items subject to discovery under Rule 34 of the North
Carolina Rules of Civil Procedure, including, but not limited to, any written or recorded material
of any kind, including the originals and all non -identical copies, whether different from the
originals by reason of any notation made on such copies or otherwise; notations of any sort of
conversations, telephone calls, meetings or other communications; all graphic or oral records or
representations of any kind; and mechanical, electronic or computer -stored records or
representations of any kind, including writings, drawings, graphs, charts, photographs, video and
audio tapes, cassettes, diskettes, records, CD's, e-mail, computer hard drives, software, or other
tj

data compilations from which information can be obtained through detection devices and
translated into reasonably usable form.
7. Proprietary Matter. If any Document request is deemed to call for disclosure of
confidential or proprietary data within the meaning of Rule 26(c)(7) of the North Carolina Rules
of Civil Procedure, Plaintiffs counsel is prepared to receive such data pursuant to an appropriate
order with respect to confidentiality.
8. Privilege or Immunity from Production. To the extent that any Documents are not
produced on the basis of a claim of privilege or immunity: (a) submit a list identifying each such
Document; (b) identify the nature of the privilege (including work product) which is being
claimed; and (c) identify each person having knowledge of the factual basis, if any, on which the
claim of privilege or immunity is based. For these purposes, "identify" shall mean in the case of
a Document, to state the Document's date, its author, its recipient or the person for whom it was
prepared, the type of Document (e.g., letter, memorandum, chart, or other category), its present
location or custodian, a summary of its contents, and any other information necessary to render
the Document distinguishable from all others and subject to ready location.
9. Destroyed Documents. If any Documents requested herein have been lost,
discarded, or destroyed, the Documents so lost, discarded, or destroyed shall be identified as
completely as possible, including, without limitation, the following information: date of
disposal, manner of disposal, reason for disposal, person authorizing the disposal, and the person
disposing of the Document.
3

10. Marking and Arrangement. The Documents produced in response to this request
shall be marked and arranged in such a way as to indicate clearly the request to which each such
Document is responsive.
DOCUMENTS REQUESTED
Produce the following:
All Documents you may introduce as exhibits or use in support of your position at
any hearing in this matter.
Response:
2. All applications and supporting Documents submitted to you by NAEM or any
party on behalf of NAEM in connection with obtaining the Permit or requesting any
modifications of the Permit, including those pertaining to the original issuance of the Permit in
2000 and the modifications in 2002 and 2004.
Response:

3. All Documents sent to any Affected Party by DENR or NAEM purporting to give
notice of an application for issuance or modification of the Permit, including those pertaining to
the original issuance of the Permit in 2000 and the modifications in 2002 and 2004, and all
Documents in your possession relating or referring to such notices.
Response:
4. All Documents identifying parties entitled to notice from NAEM of an application
for issuance or modification of the Permit, including those pertaining to the original issuance of
the Permit in 2000 and the modifications in 2002 and 2004, pursuant to N.C.G.S. §74-50(b1) and
ro2).
Response:
5. All Documents identifying parties entitled to notice from DENR of the issuance,
renewal, or modification of the Permit pursuant to N.C.G.S. §15013-23(f .
Response:

6. All Documents sent to the chief administrative official of Alexander County by
DENR or NAEM purporting to give notice of an application for issuance or modification of the
Permit, including those pertaining to the original issuance of the Permit in 2000 and the
modifications in 2002 and 2004, and all Documents in your possession relating or referring to
such notices.
Response:
7. All Documents that support the blasting levels allowed by Section 8 of the Permit.
Response:
All Documents that support blasting levels lower than those allowed by Section 8
of the Permit.
Response:

9. All Documents reflecting the location at any time of the seismograph required
under Section 8 for monitoring under the Permit.
Response:
10. All Documents reflecting seismographic records relating to the Mine.
Response:
11. All Documents reflecting geological records and surveys of the Mine and the area
within 1,000 feet of the Permit boundaries.
Response:
12. All Documents pertaining to complaints made to DENR regarding blasting at the
Mine, mining operations, or the Permit and any investigations and responses DENR made in
7

response to those complaints.
Response:
13. All Documents submitted to DENR by NAEM in connection with any complaints
or investigations made regarding blasting at the Mine, mining operations, or the Permit.
Response:
14. All Documents pertaining to inspections of the Mine by DENR and any
enforcement actions taken by DENR with respect to any blasting at the Mine, mining operations
or the Permit.
Response:
15. All Documents relating to notices of violation issued by DENR due to violations
of the Permit or relating to violations of any other applicable laws or regulations pertaining to
blasting at the Mine, mining operations, or the Permit.
Response:
16. All Documents reflecting reports made by NAEM to DENR regarding erosion or

discharge of sediment onto surface areas adjacent to the Mine or into any natural watercourse in
proximity to the Mine in violation of Paragraph 4 of the Permit and the Erosion and
Sedimentation Control Plan referenced therein.
Response:
17. All Documents reflecting reports made by NAEM to DENR regarding any flyrock
thrown beyond guarded areas of the Mine as prohibited by Paragraph 8(G) of the Permit.
Response:
18. All Documents reflecting reports made by NAEM to DENR regarding
seismographic activity in excess of levels established in the Permit or regarding any other
violations of the Permit.
Response:
19. The Erosion and Sedimentation Control Plan and the supplemental Erosion and

Sedimentation Control Narrative and design calculations referenced in Paragraph 4(B) of the
permit.
Response:
20. The mine maps referenced in Paragraph 4(C) of the Permit and any similar maps
relating to the Mine that have been submitted to DENR.
Response:
21. All Documents relating to possible adverse effects of operations at the Mine on
potable groundwater supplies, and all Documents relating to any mitigation of those possible
effects.
Response:
22. All Documents relating to whether operations at the Mine might constitute a
10

physical hazard to public health or safety or to any neighboring dwelling house, school, church,
hospital, commercial or industrial building, public road, or other public property, and all
Documents relating to any mitigation of such potential hazard.
Response:
23. All Documents relating to whether NAEM or any parent, affiliate, shareholder or
owner of NAEM has failed to comply substantially with N.C.G.S. §§74-46 et seq., rules adopted
thereunder, or any laws or rules of the state of North Carolina for the protection of the
environment.
Response:
a. All Documents relating to whether such failure to comply resulted in
revocation of any permit, forfeiture of part or all of any bond or other
security, conviction of a misdemeanor under N.C.G.S. §74-64, any other
court order under N.C.G.S. §74-64, or final assessment of a civil penalty
under N.C.G.S. §74-64.
Response:
b. All Documents relating to mitigation of any adverse effects resulting from
11

such failure to comply.
Response:
24. All Documents regarding the ownership or corporate structure of NAEM.
Response:
25. All guidance and interpretations prepared or issued by DENR with regard to
N.C.G.S. §§74-46 et seq., N.C.G.S. §§ 143-211 et seq., and any associated regulations.
Response:
These requests are continuing and require supplemental responses in the event you obtain
or discover additional information between the date of their response and the time of hearing or
trial.
12

This 1 st day of April 2005.
LkW.ole
N.C. Bar No. 16862
ROBINSON, BRADSHAW & HINSON, P.A.
101 North Tryon Street, Suite 1900
Charlotte, North Carolina 28246
Direct Dial: [phone]
Direct Facsimile: [phone]
Email: wtoole bh.com
/. 7RA
Jenrµrenr. Revelle
N.C. Bar No. 32896
ROBINSON, BRADSHAW & HINSON, P.A.
101 North Tryon Street, Suite 1900
Charlotte, North Carolina 28246
Direct Dial: [phone]
Direct Facsimile:. [phone]
Email: jrevelleftbh.com
Attorneys for Petitioner Wm. Fred Walker, Jr.
13

CERTIFICATE OF SERVICE
I hereby certify that the foregoing PETITIONER'S FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS has been served upon each ofthe parties to this action by
email and by depositing same in the United States mail, postage prepaid, in an envelope(s)
addressed as follows:
Anita LeVeaux
N.C. Department of Justice
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699
[e-mail]
This 1st day of April, 2005.
Jenn fer . Revelle
14

Fwd: FW: Notice of Appearance ana uocument ttequescs
Subject: Fwd: FW: Notice of Appearance and Document Requests
From: "Marjorie Downey" <[e-mail]>
Date: Thu, 07 Apr 2005 12:29:59 -0400
To: <[e-mail]>
Attached is a copy of the discovery we received from Mr. Walker's attorney.
Anita would like to verify that all the requested documents are in your file, then make
arrangements to review the file before we allow opposing counsel to look through them.
Subject: Fwd: FW: Notice of Appearance and Document Requests
From: "Anita Leveaux" <[e-mail]>
Date: Mon, 04 Apr 2005 12:45:58 -0400
To: "Marjorie Downey" < M DOWN [e-mail] >
Marjorie,
Please print these out and include in the file. Please forward copies of the discovery
requests to Floyd, and regional folks working on this case with a note to make a
work copy and provide a copy of requested documents or place where the
documents might be pulled and copied by the Petitioner. Remember, if they choose
the later I will have to First review all documents that the Pet. wishes to
inspect. Then, Please email copy of our revised Discovery to Pet., like atty. did here
and overnite our revised discovery request... please include ownership issues,
whether he buys or leases his property, how long he has owned the property, how
much land he owns ... check other discovery requests for the proper format. Thanks
very much. --Anita
Anita LeVeaux
Assistant Attorney General
9001 Mail Service Center
Raleigh, NC 27699-9001
919-716-6600
Subject: FW: Notice of Appearance and Document Requests
From: "Revelle, Jennifer F." <[e-mail]>
Date: Mon, 4 Apr 2005 11:14:28 -0400
1 of 3 4/7/2005 4:19 PM

FW: Notice of Appearance and Document Requests
Subject: FW: Notice of Appearance and Document Requests
From: "Revelle, Jennifer F." <[e-mail]>
Date: Mon, 4 Apr 2005 11:14:28 -0400
To: <[e-mail]>
Anita, attached please find the Notice of Appearance and First
Request
for Production of Documents that I forwarded to the improper email
address on Friday. We will turn our attention to your discovery
requests early this week and respond as quickly as possible.
Best regards,
Jen
Jennifer F. Revelle
Robinson, Bradshaw & Hinson, P.A.
101 N. Tryon Street, Suite 1900
Charlotte, NC 28246
Direct Line: 704-377-8112
Direct Fax: [phone]
This message is intended only for the use of the addressee and may
contain information that is PRIVILEGED and CONFIDENTIAL and may
contain
ATTORNEY WORK PRODUCT. If you are not the intended recipient, you
are
hereby notified that any dissemination of this communication is
strictly
prohibited. If you have received this communication in error,
please
erase all copies of this message and its attachments and notify us
immediately. Thank you.
<<Filing to Office of Administrative Hearings.pdf>>
1 of 1 4/7/2005 4:09 PM

Fwd: FW: Notice of Appearance and Document Requests
To: <[e-mail]>
Anita, attached please find the Notice of Appearance and First
Request
for Production of Documents that I forwarded to the improper email
address on Friday. We will turn our attention to your discovery
requests early this week and respond as quickly as possible.
Best regards,
Jen
Jennifer F. Revelle
Robinson, Bradshaw & Hinson, P.A.
101 N. Tryon Street, Suite 1900
Charlotte, NC 28246
Direct Line: 704-377-8112
Direct Fax: [phone]
This message is intended only for the use of the addressee and may
contain information that is PRIVILEGED and CONFIDENTIAL and may
contain
ATTORNEY WORK PRODUCT. If you are not the intended recipient, you
are
hereby notified that any dissemination of this communication is
strictly
prohibited. If you have received this communication in error,
please
erase all copies of this message and its attachments and notify us
immediately. Thank you.
<<Filing to Office of Administrative Hearings.pdf>>
BEGIN:VCARD
VERSION:2.1
X-GWTYPE:USER
FN:Anita Leveaux
ORG:;DOJ\Environmental Protection
EMAIL;WORK;PREF:[e-mail]
N:Leveaux;Anita
END:VCARD
BEGIN:VCARD
VERSION:2.1
X-GWTYPE:USER
2 of 3 4/7/2005 4:19 PM

Fwd: FW: Notice of Appearance and Document Requests
To: <[e-mail]>
Anita, attached please find the Notice of Appearance and First
Request
for Production of Documents that I forwarded to the improper email
address on Friday. We will turn our attention to your discovery
requests early this week and respond as quickly as possible.
Best regards,
Jen
Jennifer F. Revelle
Robinson, Bradshaw & Hinson, P.A.
101 N. Tryon Street, Suite 1900
Charlotte, NC 28246
Direct Line: 704-377-8112
Direct Fax: [phone]
This message is intended only for the use of the addressee and may
contain information that is PRIVILEGED and CONFIDENTIAL and may
contain
ATTORNEY WORK PRODUCT. If you are not the intended recipient, you
are
hereby notified that any dissemination of this communication is
strictly
prohibited. If you have received this communication in error,
please
erase all copies of this message and its attachments and notify us
immediately. Thank you.
<<Filing to Office of Administrative Hearings.pdf>>
BEGIN:VCARD
VERSION:2.1
X-GWTYPE:USER
FN:Anita Leveaux
ORG:;DOJ\Environmental Protection
EMAIL;WORK;PREF:[e-mail]
N:Leveaux;Anita
END:VCARD
BEGIN:VCARD
VERSION:2.1
X-GWTYPE:USER
2 of 3 4/7/2005 4:19 PM

Fwd: FW: Notice of Appearance and Document Requests
To: <[e-mail]>
Anita, attached please find the Notice of Appearance and First
Request
for Production of Documents that I forwarded to the improper email
address on Friday. We will turn our attention to your discovery
requests early this week and respond as quickly as possible.
Best regards,
Jen
Jennifer F. Revelle
Robinson, Bradshaw & Hinson, P.A.
101 N. Tryon Street, Suite 1900
Charlotte, NC 26246
Direct Line: 704-377-8112
Direct Fax: [phone]
This message is intended only for the use of the addressee and may
contain information that is PRIVILEGED and CONFIDENTIAL and may
contain
ATTORNEY WORK PRODUCT. If you are not the intended recipient, you
are
hereby notified that any dissemination of this communication is
strictly
prohibited. If you have received this communication in error,
please
erase all copies of this message and its attachments and notify us
immediately. Thank you.
<<Filing to Office of Administrative Hearings.pdf>>
BEGIN:VCARD
VERSION:2.1
X-GWTYPE:USER
FN:Anita Leveaux
ORG:;DOJ\Environmental Protection
EMAIL;WORK;PREF:[e-mail]
N:Leveaux;Anita
END:VCARD
BEGIN:VCARD
VERSION:2.1
X-GWTYPE:USER
2 of 3
4/7/2005 4:19 PM

Fwd: FW: Notice of Appearance and Document Requests
Subject: Fwd: FW: Notice of Appearance and Document Requests
From: "Marjorie Downey" <[e-mail]>
Date: Thu, 07 Apr 2005 12:29:59 -0400
To: <[e-mail]>
Attached is a copy of the discovery we received from Mr. Walker's attorney.
Anita would like to verify that all the requested documents are in your file, then make
arrangements to review the file before we allow opposing counsel to look through them.
Subject: Fwd: FW: Notice of Appearance and Document Requests
From: "Anita Leveaux" <[e-mail]>
Date: Mon, 04 Apr 2005 12:45:58 -0400
To: "Marjorie Downey" <[e-mail]>
Marjorie,
Please print these out and include in the file. Please forward copies of the discovery
requests to Floyd, and regional folks working on this case with a note to make a
work copy and provide a copy of requested documents or place where the
documents might be pulled and copied by the Petitioner. Remember, if they choose
the later I will have to First review all documents that the Pet. wishes to
inspect. Then, Please email copy of our revised Discovery to Pet., like atty. did here
and overnite our revised discovery request... please include ownership issues,
whether he buys or leases his property, how long he has owned the property, how
much land he owns... check other discovery requests for the proper format. Thanks
very much. --Anita
Anita LeVeaux
Assistant Attorney General
9001 Mail Service Center
Raleigh, NC 27699-9001
919-716-6600
Subject: FW: Notice of Appearance and Document Requests
From: "Revelle, Jennifer F." <[e-mail]>
Date: Mon, 4 Apr 2005 11:14:28 -0400
1 of
4/7/2005 4:19 PM

STATE OF NORTH CAROLINA
COUNTY OF ALEXANDER
JACK B. WOOTEN & CO.
WM. FRED WALKER, JR.,
Petitioners,
V.
N.C. DEPT. OF ENVIRONMENT
AND NATURAL RESOURCES,
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
04-EHR-2162
NOTICE OF APPEARANCE
PLEASE TAKE NOTICE that William W. Toole and Jennifer F. ReveIle of the law firm
of Robinson, Bradshaw & Hinson, P.A. in Charlotte, North Carolina hereby appear in this matter
as counsel on behalf of Petitioner Wm. Fred Walker, Jr.
All pleadings, notices, calendars, or
other documents should be directed to the attention of the undersigned.

This 1 st day of April, 2005.
William W, Toole
N.C. Bar No. 16862
Robinson, Bradshaw &Hinson, P.A.
101 North Tryon Street, Suite 1900
Charlotte, NC 28249-1 g00
Direct Dial: [phone]
Direct Facsimile: [phone]
Email: wtoole(u_ to h
r
J, f . R elle
N • Bar No. 32896
Robinson, Bradshaw & Hinson
101 North Tryon Str , P.A.
eetSuite 1900
Charlotte, NC 28249 , -1900
Direct Dial; [phone]
Direct Facsimile: [phone]
Email: lrevelle rb com
Attorneys for Wm, Fred Walker, Jr.

CERTIFICATE OF SERVICE
I hereby certify that the foregoing NOTICE OF APPEARANCE has been served upon
each of the parties to this action by email and by depositing same in the United States mail, postage
prepaid, in an envelopes) addressed as follows:
Anita LeVeaux
N.C. Department of Justice
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699
[e-mail]
This 1 st day of April, 2005.
4Q'
Jenhifer V. Revelle

FILED -----
OFFICE OF
STATE OF NORTH CAROLINA ADIIIIJ. H; ,f- RING
�N THE OFFICE OF
COUNTY OF ALEXANDER FEB 2q q aqh'IIAFISTRATIVE HEARINGS
UJ 04 EHR 2217
D&M EMERALDS, INC.,
Petitioner,
V.
NC DEPARTMENT OF ENVIRONMENT j
AND NATURAL RESOURCES,
Respondent.
FINAL DECISION AND
ORDER OF DISMISSAL
Upon consideration of Respondent's Motion to Dismiss on the grounds that Office of
Administrative Hearings lacks subject matter jurisdiction over the contested case petition; and the
Petitioner's response thereto, the undersigned hereby GRANTS Respondent's Motion to Dismiss as
follows:
FINDINGS OF FACT
I . On October 27, 2004, Respondent modified Mining permit No. 02-06 held by North
American Emerald Mines, Inc. for the purpose of mining the site known as North American Emerald
Mine in Alexander County, North Carolina. A Notice of Issuance of this modified Mining Permit
was mailed to Petitioner on October 27, 2004.
2. On December 01, 13, and 16, 2004, Petitioner filed untimely copies ofa Petition for a
Contested Case Hearing with the Office of Administrative Hearings.
3. Petitioner filed the original Petition for a Contested Case Hearing with the Office of
Administrative Hearings on December 16, 2004, nineteen days after the 30-day filing deadline.
CONCLUSIONS OF LAW
I. This contested case is subject to dismissal pursuant to North Carolina Gen. Stat.
IA-1, Rules 12(b)(1).
2. N.C. Gen. Stat. § 150E1-23(a) requires that contested case shall be commenced by
filing a petition with the Office of Administrative hearings.
3. N.C. Admin. Code tit. 26, r. 3.0101(4) requires that an original and one copy of the
document be filed with OAH.
4. The Office of Administrative Hearings does not have subject matter jurisdiction over

this matter pursuant to N.C. R. Civ. P. 12(b)(1) because the contested case petition was untimely
filed.
FINAL DECISION
Based upon the foregoing Findings of Fact and Conclusions of Law, the undersigned hereby
DISMISSES this contested case petition with prejudice.
NOTICE
This Final Decision is issued under the authority ofN.C. Gen. Stat. § 15013-36(c). Pursuant to
N.C. Gen. Stat. § 15013-45, any party wishing to appeal the Final Decision of the Administrative Law
Judge may commence such appeal by filing a Petition for Judicial Review in the Superior Court of
Wake County or in the Superior Court of the county in which the party resides. The party seeking
review must file the petition within 30 days after being served with a written copy of the
Administrative Law Judge's Decision and Order.
N.C. Gen. Stat. § 150B-47 requires the Office of Administrative Hearings to file the official
record in the contested case with the Clerk of Superior Court within 30 days of receipt of the Petition
for Judicial Review to the Office of Administrative Hearings at the time the appeal is initiated.
This the 2. day of February, 2005.
Beecher R. Gray
Administrative Law Judge

A copy of the foregoing was mailed to:
Dorothy Lewis Watkins
D & M Emeralds, Inc.
PO Box 276
Hiddenite, NC 28636
PETITIONER
Margaret P. Eagles
Associate Attorney General
NC Department of Justice
9001 Mail Service Center
Raleigh, NC 27699-9001
ATTORNEY FOR RESPONDENT
This the 25th day of February, 2005.
Off, of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
[phone]
Fax: [phone]

FILED
OFFICE OF
ADMSTATE OF NORTH CAROLINA I PI F ! I Gl C 5
IN THE OFFICE OF
COUNTY OF ALEXANDER FEB 24 4 31 PM '05DMINISTRATIVE HEARINGS
04 EHR 2218
HIDDENITE GEMS, INC., )
Petitioner,
V. )
NC DEPARTMENT OF ENVIRONMENT )
AND NATURAL RESOURCES, )
Respondent.
FINAL DECISION AND
ORDER OF DISMISSAL
Upon consideration of Respondent's Motion to Dismiss on the grounds case petition; that Office of
Administrative Hearings lacks subject matter jurisdiction over the contested on; and the
Petitioner's response thereto, the undersigned hereby GRANTS Respondent's Motion ti Dismiss as
follows:
FINDINGS OF FACT
1. On October 27, 2004, Respondent modified Mining Permit No. 02-06 held by North
American Emerald Mines, Inc. for the purpose of mining the site known as North American Emerald
Mine in Alexander County, North Carolina.
2. On December 13, 2004, Petitioner filed an untimely copy of Petition for a Contested
Case Hearing with the Office of Administrative Hearings.
3. Petitioner filed the original Petition for a Contested Case Hearing with the Office of
Administrative Hearings on December 16, 2004, nineteen days after the 30-day filing deadline.
CONCLUSIONS OF LAW
1. This contested case is subject to dismissal pursuant to North Carolina Gen. Stat. §
IA-1, Rules 12(b)(1).
2. N.C. Gen. Stat. § 15013-23(a) requires that contested case shall be commenced by
filing a petition with the Office of Administrative Hearings.
3. N.C. Admin. Code tit. 26, r. 3.0101(4) requires that an original and one copy of the
document be filed with OAH.

4• The Office of Administrative Hearings does not have subject matter jurisdiction over
this matter pursuant to N.C. R. Civ. P. 12(b)(1) because the contested case petition was untimely
filed.
FINAL DECISION
Based upon the foregoing Findings of Fact and Conclusions of Law, the undersigned hereby
DISMISSES this contested case petition with prejudice.
NOTICE
This Final Decision is issued under the authority ofN.C. Gen. Stat. § 150B-36(c). Pursuant to
N.C. Gen. Stat. § 15013-45, any party wishing to appeal the Final Decision of the Administrative Law
Judge may commence such appeal by filing a Petition for Judicial Review in the Superior Court of
Wake County or in the Superior Court of the county in which the party resides. The party seeking
review must file the petition within 30 days after being served with a written copy of the
Administrative Law Judge's Decision and Order.
N.C. Gen. Stat. § 150B-47 requires the Office of Administrative Hearings to file the official
record in the contested case with the Clerk of Superior Court within 30 days of receipt of the Petition
for Judicial Review to the Office of Administrative Hearings at the time the appeal is initiated.
This the day of February, 2005.
Beecher R. Gray
Administrative Law Judge

A copy of the foregoing was mailed to:
Dorothy Lewis Watkins
Hiddenite Gems, Inc.
PO Box 276
Hiddenite, NC 28636
PETITIONER
Margaret P. Eagles
Associate Attorney General
NC Department of Justice
9001 Mail Service Center
Raleigh, NC 27699-9001
ATTORNEY FOR RESPONDENT
This the 25th day of February, 2005.
Q0fEof Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
[phone]
Fax: [phone]

ROBINSON BRADSHAW & HINSON
CHARLOTTE OFFICE
April 1, 2005
VIA UPS OVERNIGHT DELIVERY
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
DIRECT DIAL: 704.377.131 1 2
DIRECT FAX: [phone] a
JREVE1_LEgR13H,C0M
Re. Jack B. Wooten & Co. and Wm. Fred Walker, Jr. v. N.C. Dept. of Environment
and Natural Resources, 04-EHR-2162
Dear Sir or Madam:
This fum represents Petitioner William Fred Walker, Jr. in the above -referenced matter.
Enclosed please find the following:
1. One original and two copies of our Notice of Appearance;
2. One original and two copies of Petitioner Walker's First Request for Production of
Documents; and
3. A self-addressed, postage pre -paid envelope.
Please file each original and return one file -stamped copy of each document to us in the
enclosed envelope. Should you have questions or concerns, please contact me immediately.
Best regards.
Sincerely,
,0 1 ,-�
Jennifer F. Revelle
JFR/llw
Enclosure(s)
cc: William W. Toole (w/o enclosures)
Anita LeVeaux (via Email & First Class Mail)
C-926572v1 18484.00011
Attorneys at Law
Charlotte Office: 101 North Tryon Street, Suite 1900, Charlotte, NC 28246 Ph: 704.377.2536 Fx: 704.378.4000
South Carolina Office: 140 East Main Street, Suite 420, P.O. Drawer 12070, Rock Hill, SC 29731 Ph: 803.325.2900 Fx: 803.325.2929

Michael F. Ea ley, R eCo IWD
DEC 0 6 2004
Di, of Land Resources
©�iPtu7dy
Department
Environment and Natural Resources
December 3, 2004
William G. Ross Jr., Secret,
MEMORANDUM
To: Jim Gulick
Senior Deputy Attorney General
From: Dan Oakley3)r o
General Counsel
Re: Petition for a Contested Case Hearing;
Jack B. Wooten and Company vs. DENR Division of Land Resources
Attached please find a Petition for a Contested Case He ,
Division of Land Resources by Jack B. Wooten and Corn serve
Land Resources. Please assign an attorney to represent the Divisio Mng the i the
Company,
involving the Division of
DO:np
Attachment
t/cc: Jim Simons (w/ attachment)
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/ENR
An Equal opportunity I Affirmative Action Employer-50% Recycled 110% Post consumer Paper

F. Easley,
MEMORANDUM
I /M e ( ( '—' p(©rr1
.aW.
96U111Id uepartmen of Environment and Natural Resources
012004
Lan-urces William G. Ross Jr., Secreta
November 30, 2004
To: Jim Gulick
Senior Deputy Attorney General
From: Dan Oakley'9(�O
General Counsel
Re: Petition for a Contested Case Hearing;
Matthew and Kathy Johnson vs. DENR, Division of Land Resources
Attached please find a Petition for a Contested Case Hearing, served
on the
Division of Land Resources by Matthew and Kathy Johnson, involving the Division of
Land Resources. Please assign an attorney to represent the Division. Thanks.
DO:np
Attachment
cc: Jim Simons (w/ attachment)
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] k FAX: [phone]
on
An Equal Opportunity lAffirmativeAction Employer —50%Recycled 110 Post ConsENR
Consumer per

f ELEASEPMINT CLEARLY
_��(���
STATE t NORTH Cq};OLWq
F l lOFFICER OF GENERPI COUN3�l
I' 5990
AD11BUSIR1q � MEARE
(yours — — — — — —__ ) WMRONMEW 6
PETMONER j f1)f2AL RESOUPl
v. PETITION
(3)� FOR A
CONTESTED CASE HEARING
�7i'1l1dYd1 ) '
RESPONDENTS )
(fha Sty gency or board about which you are co 1 ' ) amelg) )
1 hereby
(4)Rtia
_� dE
__ Or
�Totl
(5) Date:
(7) Print
(s)Prmt)
(9)Your ;
g as Proveaea for by North Carolina Oena-11 Statute § 15OB-23 bemuse the Respondent has:
riefly state
/facts /s�ho�wiing how
you believe you have beam harmed by the State agency or board.)
(yulore space is needed, attach .additional pages)
these facts, the State agency or board bas:
1 me of property;
Im to pay a fine or Civil Penalty, or
re substentiallY Prejudiced my rights;
fail address:
name:
(check at least one from each column)
"_exceeded its authority or jurisdiction;
acted erroneously;
AND-3;7- to use proper Procedure;
_ k--acted arbitrarily or Capriciously, or
failed to act as required by law or rule.
(6) Yo�u/r/ phone member.
You must 16iIorr deliver a COPY of this A6 ition to the State beard CO H,'_the naf a of the �°De7' a bond named an line (3) of this form.
Person to be served.
gg You should contact the agency or
I certriy tit 4his Petition hrs been served on the Stat CERTINCATE CAP' SERVICE
with si, t t postage ants red OR by delivering it to the namy or ed agency or named by depositing a Copy of itwith the United States Postal Service
(I0) .�5
(12)
(13)
(14)
der of
(11)
(31Ne ageaey or hood Bated on line 3)
When you �!�'e completed this form, you MUST mail e1ND O
Mail Sezvi t e"ter, Raleig k NC 27699-6714, or deliver the ORIGINAL
) ii ONE COPY to the Office of Admimistrative Hearings, 6714
H-aG (t 1N9

M-p i � — P�Cj d
RECEIVED ®MA
DEC 2004 NCDENR
Nort Carolina Department of Environment and Natural Resources
November 30, 2004 William G. Ross Jr., Secretary
MEMORANDUM
To: Jim Gulick
Senior Deputy Attorney General
From: Dan Oakley'V CC
General Counsel
Re: Petition for a Contested Case Hearing;
Hiddenite Gems, Inc. vs. DENR, Division of Land Resources
Attached please find a Petition for a Contested Case Hearing, served on the Office
of General Counsel by Hiddenite Gems, Inc., involving the Division of Land Resources.
Please assign an attorney to represent the Division. Thanks.
DO:np
Attachment
V/1c: Jim Simons (w/ attachment)
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

PLEASE PRINT CLEARLY OR TYPE
STATE OF NORTH CAROLINA ..- t, r- 0 IN THE OFFICE OF
IN
HEARINGS
COUNTYOF(1) ALEXANDER
u-
(2) HIDDENITE GEMS, INC.
Noy S 9 8 7
(your name) PETITIONER,
V.
(3) DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
RESPONDENT.
(The State agency or board about winch you are complaining)
ENWR RESOU�s
NU"R1Rk PETTITON
FOR A
CONTESTED CASE HEARING
I hereby ask for a contested case heating as provided for by Notch Carolina General Statute § 150B-23 because the Respondent has:
(Briefly state facts showing how you believe you have been hammed by the State agency or board.)
1) Residence has been damaged due to explosives on adjoining Property (foundation & walls)
2) We have hundreds of children at times on our properties. They have great fear when
an unexpected blast occurs.
3) Loss of tour revenue.
(If more space is needed, attach additional pages.)
(4) Because of these facts, the State agency or board has: (check at least one from each column)
x deprived me of property; _exceeded its authority or jurisdiction;
_ordered me to pay a fine or civil penalty, or x acted erroneously;
x otherwise substantially prejudiced my rights; AND failed to use proper procedure;
X acted arbitrarily or capriciously, or
_failed to act as required by law or rule.
(5)Date: 11/23/04 (6)Your phone number..( 828) 632-3394
(7) Print your full address: P. 0. Box 276 Hiddenite NC 28636
(street a a p.o.box) (nty) state zp
(8) Print your name: Hiddenite Cemc- Try.
(9) Your signature:
You must mail or deliver a COPY of this Petition fo the State agency or board named on line (3) of this form. You should contact the agency or
board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed OR by delivering it to the named agency or board:
Deppartment of Environment
(10) Mr. Daniel A. Oakley, Registered Agent & (11) and Nar„rat ReCmirrPR
(name of person served) General Counsel (state agency or board listed on line 3)
(12) 1601 Mail Service Center Raleigh NC 27699-1601
(street address/p.o. box) (city) (state) (zip code)
When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699-6714.
H-06 (I1/99)

PLEASE PRINT CLEARLY OR TYPE
STATE OF NORTH CAROLINA
COUNTYOF(1) ALEXANDER
IN THE OPFICE OF
ADMINISTRATIVE HEARINGS
(2) HIDDENITE GEMS, INC. )
(your name) PETITIONER, )
PETITION
V. ) FOR A
CONTESTED CASE HEARING
,IN DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
RESPONDENT.
(The State agency or board about which you are complaining)
I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 15OB-23 because the Respondent has:
(Briefly state facts showing how you believe you have been hared by the State agency or board.)
1) Residence has been damaged due to explosives on adjoining property (foundation & walls)
2) We have hundreds of children at times on our properties. They have Rreat fear when
an unexpected blast occurs.
3) Loss of tour revenue.
(If more space is needed, attach additional pages.)
(4) Because of these facts, the State agency or board has: (check at least one from each column)
x deprived me of property; exceeded its authority or jurisdiction;
__ordered me to pay a fine or civil penalty; or x acted erroneously;
x otherwise substantially prejudiced my rights; AND failed to use proper procedure;
x acted arbitrarily or capriciously; or
_failed to act as required by law or rule.
(5)Date: 11./23/04 (6) Your phone number: ( 828) 632-3394
(7) Print your full address: P. 0. Box 276 Hiddenite NC 28636
(street a es p.o.box) (city) state (zip)
(8) Print your name: Hiddenite Gems Tnr.
(9) Your signature:
You must mail or deliver a COPY of this Petition fo the State agency or board named on line (3) of this form. You should contact the agency or
board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed OR by delivering it to the named agency or board:
(10 Mr. Daniel A. Oakley, Registered Agent & Department of Environment
(11) " Na tnral ,, cnnrrac
(name ofpetson served) General Counsel (State agency or board listed on line 3)
(12) 1601 Mail Service Center Raleigh NC 27699-1601
(street address/p.o. box) (city) (state) (zip code)
23rd
November
2004
When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699-6714.
R-06 (11/99)

M-ed . r=fvy/
RECEIVED
DEC 0 G 2004
F. Easley, Governor
Div of Land Resources
MEMORANDUM
L
NCDENR
Carolina Department of Environment and Natural Resources
December 3, 2004
To: Jim Gulick
Senior Deputy Attorney General
From: Dan Oakley'9(-O
General Counsel
William G. Ross Jr., Secretary
Re: Petition for a Contested Case Hearing;
D & M Emeralds, Inc. vs. DENR, Division of Land Resources
Attached please find a Petition for a Contested Case Hearing, served on the Office
of General Counsel by D & M Emeralds, Inc., involving the Division of Land Resources.
Please assign an attorney to represent the Division. Thanks.
DO:np
Attachment
V cc: Jim Simons (w/ attachment)
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

STATE OF NORTH CAROLINA
PLEASE PRINT CLEARLY OR TYPE
RECEIVED IN THE OFFICE OF
COUNTYOF(1) ALEXANDER CFRCEOFGE"!EfttV..COJNSELAD�STRATIVEHEARINGS
�e
(2)D&M EMERALDS, INC. ) "; 984 -�„
(your name) PETITIONER, )
V. )
(3)DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES )
RESPONDENT. )
(The State agency or board about which you are complaining) )
PETITION
FOR A
CONTESTED CASE HEARING
I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 15OB-23 because the Respondent has:
(Briefly state facts showing how you believe you have been banned by the State agency or board.)
1) Residence has been damaged due to explosives on adjoining property (foundation & walls).
2) We have hundreds of children at times on our properties. They have great fear when
an unexpected blast occurs.
3) Loss of tour revenue.
(If more space is needed, attach additional pages.)
(4) Because of these facts, the State agency or board has: (check at least one from each column)
x deprived me of property; _exceeded its authority or jurisdiction;
_ordered me to pay a fine or civil penalty, or x acted erroneously,
x otherwise substantially prejudiced my rights; AND failed to use proper procedure;
x acted arbitrarily or capriciously; or
_failed to act as required by law or rule.
(5) Date: 11 / 23 / 04
(7) Print your full address: P. 0. Box 276
(8) Print your name: _
(9) Your signature:
You must mail or deliver a COPY of this Peti
board to determine the name of the person to be
(6) Your phone number: ( 828 )
Hiddenite NC
632-3394
W
- _r�3- a
to the State agency or board named on line (3) of this form. You should contact the agency or
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed OR by delivering it to the named agency or board:
Mr. Daniel A. Oakley Department of Environment and
(10) Registered Agent & General Counsel (11) Natural Resources
(name of person served) (State agency or board listed on line 3)
(12) 1601 Mail Service Center Raleigh NC 27699-1601
(street address/p.o. box) (city) (state) (zip code)
(13) This the
(14) z
04
-.23_6 q
When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699-6714.
H-06 (11/99)

PLEASE PRINT CLEARLY OR TYPE
STATE OF NORTH CAROLINA
COUNTYOF(I) ALEXANDER
(2)D&M EMERALDS, INC. )
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
(your name) PETITIONER, )
PETITION
V. ) FOR A
(3)DEPARTMENT OF ENVIRONMENT AND CONTESTED CASE HEARING
NATURAL RESOURCES )
RESPONDENT. )
(The State agency or board about which you are complaining) )
I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 150B-23 because the Respondent has:
(Briefly state facts showing how you believe you have been ]armed by the State agency or board. )
1) Residence has been damaged due to exnlnci.rac .,., „t;-4_; -- ..____—— .c,
2) We have hundreds of children at times on our properties. They have great fear when
an unexpected blast occurs.
3) Loss of tour revenue.
(If more space is needed, attach additional pages.)
(4) Because of these facts, the State agency or board has: (check at least one from each column)
x deprived me of property; _exceeded its authority or jurisdiction;
_ordered me to pay a fine or civil penalty, or x acted erroneously;
x otherwise substantially prejudiced my rights; AND _failed to use proper procedure;
x acted arbitrarily or capriciously; or
_failed to act as required by law or rule.
(5)Date: 11/23/04
(7) Print your full address:
(S) Print your tame: _
(9) Your signature: J
(6) Your phone number: ( 8 2 8 ) 632-3394
P. 0. Box 276 Hiddenite NC
/. n I
You must mail or deliver a COPY of [his Petion to the State agency or board named on tine (3) of this form. You should contact the agency or
board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
i certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed OR by delivering it to the named agency or board:
Mr. Daniel A. Oakley Department of Environment and
(10) Registered Agent & General Counsel (11) Natural Resourca�
(name of person served) (State agency or board listed on line 3)
(12) 1601 Mail Service Center Raleigh NC 27699-1601
(sired address/p.o, box)
(City) (state) (zipcode)
(13)This the 4Z3rd day
(14)
(your
-.23-a q
When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699-6714.
H-m6(11/99)

AT
Ftoyal
RECEIVED ©r
NCDENR
DEC 0 6 2004
jorth Carolina Department of Environment and Natural Resources
William G. Ross Jr., Secretary
December 3, 2004
MEMORANDUM
To: Jim Gulick
Senior Deputy Attorney General
From: Dan OakleyI)�
General Counsel
Re: Petition for a Contested Case Hearing;
Affordable Appliances vs. DENR, Division of Land Resources
Attached please find a Petition for a Contested Case Hearing, served on the
Division of Land Resources by Affordable Appliances, involving the Division of Land
Resources. Please assign an attorney to represent the Division. Thanks.
DO:np
Attachment
✓ cc: Jim Simons (w/ attachment)
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/ENR
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

PLEA_ Sg_ ppgllyT CLEAR,
STATE CF NORTH CAROLAIA �� V
COUNTY OF (])--A [[cVO,r.4'r OFFICE OFGEtvEmcouNsEL
(your nam t) PE•I ROTTI NENE )
V. )
lee
RESPONDENT. )
(The State agency or board about which you are complaining) )
---
6 WRONMENT it
KATURAL RE a
5997,
ADMINIs7ROFFICE I
ATIN I- E EAMM
PETITION
FOR A
CONTESTED CASE HEARING
--- - .w o �+�ucama. case rtearmg as provided for by North Carolina Genera: Statute § 15OB-23 because the R
(llliefly state facts showing how You believe you have bette Respondent has:
3120{Le.r,m r AA,,,,y/` by the State agency or board.)
--3) .L a_I
(If more space is needed, attach additional pages.)
(4) Because of these facts, the State agency or board has:
_deprived me of property,
ordere. me to pay a file or civil penalty, or
t! others�sesubstantiall,,prejudicedmyrights;
(7) Print your full r
(8)Print your tamr
(9) Your signuturc:
(check at least one frorn ertch column)
—_exceeded its authority orkmadichon;
AND �—acted erroneously,
--failed to use proper procedure,
ti'_acted arbitrarily or capriciously; or
___Gybed to act as required by law or rule
(6) Your phone number: (�'4.4 ) C, t- , c � ,
You must rm. J or —
ver a COPY person
this be ser to the State agency or
board nn "ed on line (3) of this form. You should contact the
board to deter tine the name of the person to be served. agency or
CTE
I certify that tl. is Petition has Seen served on the State agenncy�oboaardnamedOF
S ;R VICE
blow with sufffcieni postage affixed Y Bring it to the named agency or board; OR b delivering by depositing a copy of it with the United States P.MService
(10) J ws b.• �;�taarc
(I2) (name of person served) ...
(strew: addeess/p.o. bo)
_
03)Thisthe- dayof_ (/owu iz.�Z 20iU
(14) _ V '..�i I
(11) ..
(State agency of board listed m line 3)
. (stale} (mv code)
(your signaha e)
When you have completed thin form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office ofAdministrative Mail Service Crater, Raleigh, NC 27699-6714. Hearings, 6714
H-06 (11/99)

I t( )Y' ( :( X )I'1;12
State of North Carolinja
ll( partnwn1 of .I(LS(i( (•
4)(X)I M:)il Scrvic'('(:(,w(•.r
ItALl:1(;] 1. N(NC1l I CAItO1JNA
276S)(HXX)I ..
MEMORANDUM
Reply to:
Margaret P. Eagles
Environmental Division
Tel: [phone]
Fax: [phone]
TO: James D. Simons, Director, DLR, Raleigh, NC
Francis M. Nevils, Jr., Chief, Land Quality Section, DLR, Raleigh, NC
Floyd Williams, State Mining Specialist, DLR, Raleigh, NC
Douglas Miller, DLR, Regional Engineer, Mooresville, NC
FROM: Margaret P. Eagles, Assistant Attorney General ' _`l"
DATE: December 7, 2004
RE: Mining Permit Appeal by Matthew and Kathy Johnson
Alexander County
Mining Permit No. 02-06
04 EHR 2163
Please note that I will be handling the mining permit appeal by Matthew and Kathy
Johnson.
The hearing is set for the week beginning April 4, 2005 in Newton, North Carolina with
Honorable James L. Conner, II, Administrative Law Judge presiding.
If you have any questions or comments regarding this case, please contact me.
RiCEIED
DEC 08 2004
SECTION