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HomeMy WebLinkAbout02-06 North American Emerald Mine File Pt. 20Wehner From: Sent: To: Subject: Attachments: Good afternoon Judy, Nasif, Zaynab R Monday, December 03, 2018 2:42 PM Wehner, Judy FW: PRR - Martin Marietta Annual Reclamation Reports 2018.11.16 - PRR - Eisele Ashburn Greene - Martin Marietta Annual Reclamation Reports.pdf Would you happen to have the reclamation reports filed by Martin Marietta for the years 2014. 2016, 2017, and 2018? We received this public records request asking for copies. Best, Zaynab From: Mack, Janet Sent: Monday, December 3, 2018 2:00 PM To: Nasif, Zaynab R <Zaynab.Nasif@ncdenr.gov> Subject: FW: PRR - Martin Marietta Annual Reclamation Reports HiZaynab, I added this records request to the spreadsheet. There is no email component. Let me know when it gets sent to the requestor so I can update my records accordingly. Thanks so much! Janet From: Heyl, Douglas Sent: Monday, December 3, 2018 12:07 PM To: Mack, Janet <Janet Mackna ncdenr gov>; Thorpe, Megan S <meean.thoroe 7a nrdanr Subject: RE: PRR - Martin Marietta Annual Reclamation Reports > Zaynab Doug Heyl -'�girth Car011na Department of Enj,iroiunental Quaht:- ,._,.._„ �19.-C-.9034 f fficei 2-9.S12.3415 t'vlobile? ICU.la,.hei-16ncdenr.o c From: Mack, Janet Sent: Monday, December 03, 2018 11:07 AM To: Heyl, Douglas <Douelas.HevlCa)ncdenr eov>; Thorpe, Megan S <megan thorne(a)ncdenr ¢ov> Subject: PRR - Martin Marietta Annual Reclamation Reports See attached PRR. They are requesting copies of each of the Reclamation Reports submitted by Martin Marietta for the years 2015, 2016, 2017 and 2018. Who should I forward this to? Regards, Janet T. Mack NC Department of Environmental Quality Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 (919)707-8535 Email correspondence sent to and from this address may be subject to the provisions of G.S. 132-1, the North Carolina Public Records Law, and may be subject to monitoring and disclosed to third parties, including law enforcement personnel, by an authorized state official. EISELE ASHBURN GREENE & CHAPMAN, PA ATTORNEYS AT LAW 320 W BROAD STREET STATESVILLE, NORTH CAROLINA 28677 DOUGLAS G. EISELE RNsSELL W. CHAPMAN, JR. KATHLEEN L. VOGEL Dept. of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1600 JAMEs P, AsHeuRN (RET.) November 12, 2018 JOHN D. GREENE MET.) Re: Reclamation Reports required under N.C. Gen. Stat. §74-55 filed by Martin Marietta Materials, Inc., for the years 2014, 2016, 2017 and 2018 pertaining to a quarry operation in Alexander County, North Carolina, known as North American Emerald Mines Gentlemen: Martin Marietta Materials, Inc., has been the operator of a rock quarry site known as North American Emerald Mines in Alexander County, North Carolina, since July 1, 2013, such, it is required to As file an annual reclamation report With DEQ for each year of its operations containing the data describe3d in N.C. Gen. Stat. 474-55. Please accept this letter as notice under the Carolina Freedom of Information Act as North a request by me for a COPY of each of the reports submitted by Martin Marietta Materials, Inc., pertaining to the Alexander County site for the years 2015, 2016, 2017, and 2018. Please advise of any cost required for these reports and we shall make payment immediately. Sincjr-11 ly, Do J uglas G. Eisele DGE:lbj E CERTIFIED MAILfRETURN RECEIPT REQUESTED oEF`C��FGE1�* \9 0� 6 ti0 1 N ds TELEPHONE 704-878-6400 FAX 704-924-9727 N O R T H C A R` O L I N q Y / I • � P R O G R p y Permit No. 02-06 County: Alexander Region: Mooresville Regional Office New Affected Year Total 2002 0 2004 0 2007 3 2009 0 2010 0 2011 0 2013 0 2015 0 2016 0 2017 0 Page I of I North Carolina Department of Environment and Natural Resources Division of Land Resources, Land Quality Section Single Facility Acreage History Report Selection Criteria: Permit No. 02-06. Mine Name: North American Emerald Mine Original Issue Date: 3/15/2000 New Reclaimed Pond St!ku Berms Pit/Rds Exc Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Pond 1 2 3 0 0 I 1 1 1 Expiration Date: 9/9/9999 Business: North American Emerald Mines Currently Affected S!( Berms Plt/Rds —Ex e Total 2 2 0 2 6 3 3 0 7 15 3 8 5 20 5 0 4 14 23 4 0 4 14 22 0 2 0 7 10 0 2 0 7 10 0 2 0 7 10 0 2 0 7 10 0 2 0 7 10 December 03, 2018 WIN North Carolina Department of Environment and Natural Resources Division of Land Resources, Land Quality Section Single Facility Acreage History Report Selection Criteria: Permit No. 02-06. Permit No. 02-06 Mine Name: North American Emerald Mine County: Alexander Original Issue Date: 3/15/2000 Expiration Date: 9/9/9999 Region: Mooresville Regional Office Business: North American Emerald Mines New Affected New Reclaimed Currently Affected Year Total Pond Stkols Berms Plt/Rds Exc Total Pond Stkols Berms Plt/Rds Exc Total 2002 0 1 2 2 0 2 6 2004 0 0 0 0 0 0 0 2 3 3 0 7 15 2007 3 0 0 0 0 0 0 3 1 3 8 5 20 2009 0 0 0 0 0 0 0 0 5 0 4 14 23 2010 0 0 0 0 0 0 0 0 4 0 4 14 22 2011 0 0 0 0 0 0 0 1 0 2 0 7 10 2013 0 0 0 0 0 0 0 1 0 2 0 7 10 2015 0 0 0 0 0 0 0 1 0_ 2 0 7 10 2016 0 0 0 0 0 0 0 1 0 2 0 7 10 Page 1 of 1 April 05, 2018 STATE OF NORTH CAROLINA Department of Environmental Quality Raleigh Central Office FILE ACCESS RECORD SECTION LQS MiningPro ram NAME DATE/TIME REPRESENTING Guidelines for Access: The staff of the Central Office is dedicated to making records in ourcustod readilyavailable to the Public for review and co the responsibility to the public to safeguard these records and to ca a public Program obligations. Please read carefully the following before signing the l form. have rry out our day-to-day • Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. A ointments are scheduled between 9:00 a.m. and 3:00 Viewing time ends at 4.45 p m view the files to the extent that timey nd staffsupervision 19 wone arrivirithout in a available. m 2• You must specify files you want to review bame ppointme. may appropriate. The number of files that ou am evin at one por ermit )ointment number, al be limited to fiv 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is 5 cents per cop check, money order, or cash m the administrative oayment is to be made by 4• Files must be kept in the order you received them. Files may not be taken from the office. N l briefcases lar a totes etc. are ermitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and 6• collected for checks on which payment has been refused. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. MINE NAME / PERMIT NO. Q SignatN�aeQ Business Please attach business cardto form if available Date Time In COUNTY L=}�,� L Time out Energy, Mineral & Land Resources ENVIRONMENTAL QUALM December 1, 2017 North American Emerald Mines North American Emerald Mines 531 Duncan Lane Hiddenite, NC 28636 RE: Mining Permit No. 02-06 North American Emerald Mine Alexander County Dear North American Emerald Mines: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The "life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification to be effective. Please attach this letter to Your existing mining permit for future reference The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of $400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017 — see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, or me at (919) 707-9220. Sincerely, 7% William "Toby' Vinson, Jr., PE, CPM Interim Director, DEMLR State or North Carolina I EnVI(OnnLL4llal Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612 9197079200 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary February 2, 2012 Mr. James K. Hill, Jr. North American Emerald Mines, Inc. 531 Duncan Lane Hiddenite, North Carolina 28636-9233 RE: Permit No. 02-06 North American Emerald Mine Alexander County Yadkin River Basin Dear Mr. Hill: Your application for renewal of the above referenced mining permit has been approved. A copy of the renewed permit is enclosed. The new expiration date is February 2, 2022. The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Conditions No. 3C, 4B, 4C, 5 and 15 and Reclamation Condition No. 3. As a reminder, your permitted acreage at this site is 94.36 acres and the amount of land you are approved to disturb is 23.96 acres. Slight modifications to the permitted and affected acreage have been made due to better mapping. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919.707-9220 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 Internet: http://portal.ncdenr.org/web/Ir/land-quality An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: North American Emerald Mines, Inc. North American Emerald Mine Alexander County - Permit No. 02-06 for the operation of a Gemstone Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE February 2 2022 Page 3 October 26, 2005: This permit has been modified to amend the Blasting Conditions of Mining Permit No. 02-06. The modification includes limit ground vibration to twenty-five per cent of Operating Condition No. 8A and require pre -blast warning signal to two property owners. November 29, 2007: This permit has been modified to increase the affected acreage at this site to 22.96 acres as indicated on the mine maps received by the Land Quality Section on July 5, 2007. The modification includes expansion of the overburden storage areas and rock storage areas and in the installation and maintenance of all associated erosion and sediment control measures. Expiration Date This permit shall be effective from the date of its issuance until February 2, 2022. Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: Wastewater and Quarry Dewatering A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Water Quality Section, Division of Water Quality, to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 6. Graded Slopes and Fills Page 5 7 a The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. Surface Drainage The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Sections 8B. and 8D. of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed twenty-five per cent of Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. �n ffi.v;t V.brahon c-•�,.; r.:enc >. Hr 1fl 0 S.O Confined Air blast/Overpressure (dBL) for quarry situation: Page 7 A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record d�g. The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting. If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. Fyyrock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. 12 Highwall Barriers Page 9 A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining area unless authorization to conduct said disposal has first been obtained efrolm both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 2. 3. 4. 5. 6. on -site generated conveyor belts wire cables v-belts land clearing debris steel reinforced air hoses drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established Page 11 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G S 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to regrade and satisfactorily revegetate any disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. All sideslopes shall be graded to a 2 horizontal to 1 vertical or flatter slope. B. Any settling ponds and sediment control basins shall be backfilled and stabilized. Page 13 In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued March 15, 2000 and modified March 13, 2002, October 27, 2004 March 4, 2005 October 26, 2005 and November 29, 2007, is hereby renewed this ? day of February, 2012 pursuant to G.S. 74-52. By:_ _ PA James D. Simons, Director bivision of Land Resources ' By Authority of the Secretary Of the Department of Environment and Natural Resources North Carolina. Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: North American Emerald Mine 2. MINE LOCATION: Duncan Lane, Hiddenite 3. COUNTY: Alexander 4. RIVER BASIN: Yadkin — Pee Dee 5. CASE: 6. OPERATOR: North American Emerald Mines, Inc., Attention: James K. Hill, Jr. 7. ADDRESS:: 531 Duncan Lane, Hiddenite, North Carolina 28636 8. MINING PERMIT #: 02-06 ❑ N/A 9. PERMIT EXPIRATION DATE: 02/02/2022 F] N/A 10. PERSON(S) CONTACTED AT SITE: Shane Purdin, Superintendent, James Hill, Denise Hatcher 11. PICTURES? ❑ Yes ® No TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: ® B. Routine Inspection (Permitted Mine Sites) C. Follow-up Inspection 13. Date of last inspection: 10/01/2014 14. Any mining since that date? ® Yes ❑ No If yes, cite evidence of such mining activity: Stockpiles, 5. Was mine operating at time Yes N No If yes, explain: 16. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No ❑ N/A If no, explain: 17. Is the mine in compliance with the Reclamation Conditions of the Permit? If no, explain: 18. Is there any off -site damage? A. ❑ Yes B. ❑ No C. ® None observed If A, describe the type and severity of the damage: If B or C, is there potential for offsite damage? ❑ Yes ®No Explain: 19. Corrective measures needed and/or taken: 20. Other recommendations and comments: WMEWMINEWUP Portions of mine property are being leased by Martin Marietta for stockpiling/processing of mined material. 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed ❑ N/A 22. Follow-up inspection needed? ❑ Yes ® No Proposed date 23. No. of additional pages of Inspection Report 24. Copy of Report sent to operator 08/26/20116 INSPECTED BY: Tamera Eplin, DATE 08/11/2016 Telephone No: 704-663-1699 Copy to file Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, v 2, U6 Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE I. MINE NAME: North American Emerald Mine 2. MINE LOCATION: Duncan Lane, Hiddenite 3. COUNTY: Alexander 4, RIVER BASIN: Yadkin — Pee Dee 6. OPERATOR: North American Emerald Mines, Inc. Attention: James K. Hill Jr. 5. CASE: 7. ADDRESS: 531 Duncan Lane Hiddenite North Carolina 28636 8. MINING PERMIT #: 02-06 ❑ N/A 9. PERMIT EXPIRATION DATE: 10. PERSON(S) CONTACTED AT SITE: Shane Purdin 02/02/2022 ❑ N/A Superintendent 11. PICTURES? ❑ Yes N No TAKEN BY. 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size RECEIVED of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: ® B. Routine Inspection (Permitted Mine 111N q 2014 Sites) C. Follow-up Inspection 13. Date of last inspection: 09/26/2013, LAND QUALITY MINING PROGRAM 14. Any mining since that date? N Yes ❑ No If yes, cite evidence of such mining statement by Mr. Purdin that blasting occurred about two activity: Stoc ilex weeks prior to ins ection 5. Was mine operating at tune of mspection? ❑ Yes N No If yes, explain: 16. Is the mine in compliance with the Operating Conditions of the Permit? N If no, explain: Yes ❑ No ❑ N/A 17. Is the mine in If no, explain: _ with the Reclamation Conditions of the Yes ❑ No ❑ N/A 18. Is there any off -site daage? A. ❑ Yes B. ❑ No C. ® None observed m If A, describe the type and severity of the damage: If B or C, is there potential for offsite damage? N yes ❑ No Explain: The area between the two sediment traps is bare 19. Corrective measures needed taken: 20. Other recommendations and comments: 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) N Not Reviewed AA. r meow -up inspection needed? LJ Yes Z No Proposed date 23. No. of additional pages of Inspection Report 24. Copy of Report sent to operator 06/03/2014 INSPECTED BY: Tamera Eplin Ryan Kormanik DATE 05/20/2014 Telephone No: 704-663-1699 Copy to file Copy to operator Copy to Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. Mine Name: North American Emerald Mine 2. Mining permit #: 02-06 3. Operator: North American Emerald Mines, Inc. 4. County: Alexander 5. Address: 531 Duncan Lane, Hiddenite, NC 28636-9233 6. Permit expiration date: 03/15/2008 7. Person(s) contacted at site: Mr. David Jarrell, Mine Foreman, Blast Engineer 8. Was mine operating at time of inspection? Yes: X No. 9. Pictures: Yes: No:X 10. Date last inspected: 7/19/06 11. Any mining since last inspection? Yes: X No: 12. Is the mine in compliance with the Operating Conditions of the permit? Yes: No: If no, explain: Operating Condition #4B-Sediment on the entrance road (Duncan Road) off property and sediment overwhelming the erosion control fence South of active Mining Phase I. Operating Condition #11- No high wall barrier on Northwest side of Mining Phase I for fall protection. Operating Condition #13- A reclamation report has not been filed annually. 13. Is the mine in compliance with the Reclamation Conditions of the permit? Yes: No:X If no, explain: Reclamation Report has not been filed. 14. Did any of the above deficiencies result in offsite damage? Yes:X No: If yes, describe the type and severity of the damage: Condition 4B- Mud and sediment on the public Road (Duncan Road) at the entrance, moderate severity. 15. Corrective measures needed and/or taken: -A modification request must be submitted, including calculations for sizing the two basins East of the staging area. Split the silt fence below each basin to allow unrestricted flow of the water from the basins. -Clean the silt off of Duncan road and refresh the stone at the entranceway. -Build up a barrier as the soil is cleared for further excavation at the crest of all high walls. -Clean-up and repair silt fence Southeast of the Mine Phase Pit entrance and extend silt fence up along the slope in that area. -Seed.all the haul road berms. 16. Other recommendations and comments: 17. Is the Annual Reclamation Report +/- map accurate? Yes: No: X (explain) Operator has not received one from; the Land Resources Department, I took a copy to Mi. Jarrell for him to fill out and return. 18. Follow-up inspection needed? Yes: X No: Proposed date: 10/1/2008 19. Number of additional pages of inspection report: 20. Copy of report sent to operator: 04/02/2008 Inspected by: Greg ittzzlleer " Date: 04/01/2008 Others Present: Charlie Whaley and Ed Robinette Phone number: 704-663-1699 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. Mine Name: North American Emerald Mine 2. Mining permit #: 02-06 3. Operator: North American Emerald Mines, Inc. 4. County: Alexander 5. Address: 531 Duncan Lane, Hiddenite, NC 28636-9233 6. Permit expiration date: 03/15/2008 7. Person(s) contacted at site: Mr. David Jarrell, Mine Foreman, Blast Engineer 8. Was mine operating at time of inspection? Yes: X No: 9. Pictures: Yes: No:X 10. Date last inspected: 7/19/06 11. Any mining since last inspection? Yes: X No: 12. Is the mine in compliance with the Operating Conditions of the permit? Yes: No: If no, explain: Operating Condition #413-Sediment on the entrance road (Duncan Road) off property and sediment overwhelming the erosion control fence South of active Mining Phase 1. Operating Condition #11- No high wall barrier on Northwest side of Mining Phase I for fall protection. Operating Condition #13- A reclamation report has not been filed annually. 13. Is the mine in compliance with the Reclamation Conditions of the permit? Yes: No:X If no, explain: Reclamation Report has not been filed. 14. Did any of the above deficiencies result in offsite damage? Yes:X No: If yes, describe the type and severity of the damage: Condition 4B- Mud and sediment on the public Road (Duncan Road) at the entrance, moderate severity. 15. Corrective measures needed and/or taken: -A modification request must be submitted, including calculations for sizing the two basins East of the staging area. Split the silt fence below each basin to allow unrestricted flow of the water from the basins. -Clean the silt off of Duncan road and refresh the stone at the entranceway. -Build up a barrier as the soil is cleared for further excavation at the crest of all high walls. -Clean-up and repair silt fence Southeast of the Mine Phase Pit entrance and extend silt fence up along the slope in that area. -Seed all the haul road berms. 16. Other recommendations and comments: 17. Is the Annual Reclamation Report +/- map accurate? Yes: No: X (explain) Operator has not received one from the Land Resources Department, I took a copy to Mr. Jarrell for him to fill out and return. 18. Follow-up inspection needed? Yes: X No: Proposed date: 10/1/2008 19. Number of additional ages of inspection report: 20. Copy of report sent to operator: 04/02/2008 Inspected by: GreAtzler Date: 04/01/2008 Others Present: Charlie Whaley and Ed Robinette Phone number: 704-663-1699 �EC(�I VED APR 03 2008 STATE OF NORTH CAROLINA Department of Environment and Natural Resources RALEIGH CENTRAL Office SECTION LQS Mining Program DATE/TIME NAME REPRESENTING Guidelines forAccess; The staff of the Central Office is dedicated to making public records in our custody readily available to the public for review and copying, We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1. Due to the large public demand forfile access, we request that you call at least a day in advance.to schedule an appointment for file review so you can be . accommodated. Appointments are scheduled between 9:00 a.m. and 3 00 p.m. Viewing time ends at 4 45 P.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by mine name/permit no., as appropriate. The number of files that you may review at one appointment will be limited. to five. 3. You may make copies of a file when the copier is not in use by the staffand if time permits. Cost per copy is 2.5 cents for ALL copies if You make more than 25 copies — there is no charge for 25 or less copies Payment is to be made by check, money order, or cash in the administrative ofFces. 4, Files must be kept in the order you received them. Files may not be taken from the office. No briefcases lar a totes etc. are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.d0. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. MINEY NAME / PERMIT NO. G®t1NTY 1._ �ti � bs o s-- 2. `I ^-6 3. a2_JL 4. / Signature/Name of Firm or Business. Date Please attach business card to form if available �AM 2 : 3 o Qs-- Time In Time Out NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Director and State Geologist North American Emerald Mine Land Quality Section Beverly Eaves Perdue, Governor Dee Freeman, Secretary July 12, 2010 Mr. James K. Hill 531 Duncan Lane Hiddenite, North Carolina 28636 RE: North American Emerald Mine (Permit # Q 06) Alexander County, N.C. \) Dear Sir or Madame: Attached is a copy of our report documenting an inspection recently conducted at a mine site for which our records show you to be responsible. The inspection was performed under the provisions of North Carolina General Statute 74-56 of the Mining Act of 1971. Please review the report carefully and note any problems or deficiencies documented by the inspector. Furthermore, please note any recommendations and/or specific corrective actions required to correct any deficiencies that may be listed. The responsibility for understanding and complying with the terms and conditions of your mining permit and the Act lies with you. Please do not hesitate to contact this office if you have any questions concerning the attached report. Your cooperation is appreciated. Sincerely era H. plm, Assistant Regionaq Engineer THE/cm Attachment cc: Mining Specialist Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Telephone: 704-663-1699 / FAX: 704-663-6040 • Internet: http://www.dlr.enr.state.nc.us/pagestiandqualitysection.html An Equal Opportunity / Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper STATE OF NORTH CAROLINA Department of Environment and Natural Resources FILE ACCESS RECORD SECTION L/W QLL&l -F_Y DATE/TIME Q_Y4-� %— L— i I NAMENL&VA-0 REPRESENTING Guidelines for Access: The staff of the Central and Regional Offices is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9:00 a.m. and 3•00 p.m. Viewing time ends at 4:45 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by project number or name, as appropriate. The number of files that you may review at one appointment will be limited to five. 3. You may make copies 'of a file when the copier is not in use by the staff and if time permits. Cost per copy is 2.5 cents for ALL copies if you make more than 25 copies — there is no charge for 25 or less copies Payment is to be made by check, money order, or cash in the administrative offices, or upon receipt of an invoice. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes etc are permitted in the file review area To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. n ( PROJECT NO. / PROJECT NAME COUNTY 1. Iv01ZlNE�2tcA,J �t� I�/trlJc rl� 2. 3. 4. 5. Signa a/Name Firm 6r Business Date i/r'me In Time Please attach business card to form if available A,4 NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director January 29, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1126 2454 Mr. James K. Hill North American Emerald Mines, Inc. 531 Duncan Lane Hiddenite, North Carolina 28636 RE: North American Emerald Mine Mining Permit No. 02-06 Alexander County Yadkin River Basin Dear Mr. Hill: Pat McCrory, Governor John E. Skvarla, III, Secretary We have received the $83,800.00 Surety Bond No. SUR0005300 issued by Argonaut Insurance Company for the referenced mining operation. As this new surety bond sufficiently covers the mining operation, the enclosed Assignment of Savings Account No. 402043148 for $14,111.00 issued by Peoples Bank and Assignment of Savings Account Nos. 402026948 and 401930334 totaling $70,191.08 issued by Peoples Bank for are hereby released by the Department of Environment and Natural Resources for your disposal. If you should have any questions on the above, please contact me at (919) 707-9220. ncerely, Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosure: Assignment of Savings Account No. 402043148 Assignment of Savings Account Nos. 402026948 and 401930334 cc: Mr. Zahid Khan 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9220 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: htlp://portal.nodenr,org/webAr/ An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper Wehner From: Wehner, Judy Sent: Tuesday, January 29, 2013 4:38 PM To: 'North American Emerald Mines' Subject: RE: SIGNED INSURANCE DOCUMENTS FOR NAEM Attachments: 02-06 bond rplcmnt 2013.pdf Jamie - here it is. Let me know if you need anything else. -----Original Message ----- From: North American Emerald Mines [mailto:naemincCabellsouth net] Sent: Monday, January 28, 2013 2:18 PM To: Wehner, Judy Cc: 'James Hill'; 'Lynn Hill'; 'Lynn Hill'; 'lynn hill' Subject: SIGNED INSURANCE DOCUMENTS FOR NAEM Judy: I'm forwarding you a scanned copy of the signed insurance paperwork. Hard copies are being overnighted to you. I hope that everything meets your expectations. Let me know if you see any problems. Jamie Hill has asked if it would be possible that you could email your letter of release regarding NAEM's bank bonds, even if a hard copy will arrive at a later date by US mail. The hope is that we can take your emailed letter to our bank sooner than later. As I told you before, this has been a very long process on our side. The company is most anxious for a release of funds. Randi Sue Van Vliet NORTH AMERICAN EMERALD MINES, INC 531 Duncan Lane Hiddenite, NC 28636 Phone: 828-635-8080 Fax: 828-635-7080 1 Wehner, Ju From: Sent: To: Subject: Judy, Cooper, Kathy [kcooper@ncdoj.gov] Monday, January 28, 2013 3A8 PM Wehner, Judy RE: SIGNED INSURANCE DOCUMENTS FOR NAEM That's fine. As long as we have a signature, we use it later. Thanks, Kathy Kathryn Jones Cooper Special Deputy Attorney General Water and Land Section Environmental Division Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 (main telephone number) (919) 716-6960 (direct dial) (919) 716-6766 (fax) kcooper@ncdoj.gov -----Original Message ----- From: Wehner, Judy[mailto:iudy.wehner(@ncdenr.gov] Sent: Monday, January 28, 2013 2:33 PM To: Cooper, Kathy Subject: FW: SIGNED INSURANCE DOCUMENTS FOR NAEM the bond has to be forfeited ■i They didn't quite sign it in the right placer but is this okay? -----Original Message ----- From: North American Emerald Mines [mailto:naeminc(@bellsouth.net] Sent: Monday, January 28, 2013 2:18 PM To: Wehner, Judy 1101 Cc: 'James Hill'; 'Lynn Hill'; 'Lynn Hill'; 'lynn hill' Subject: SIGNED INSURANCE DOCUMENTS FOR NAEM 11 Judy Mil I'm forwarding you a scanned copy of the signed insurance parE�rwork. Hard copies are being overnighted to you. I hope that everything meets your expectations. Let me know if you see any problems. Jamie Hill has asked if it would be possible that you could email your letter of release regarding NAEM's bank bonds, even if a hard copy will arrive at a later date by US mail. The hope is that we can take your emailed letter to our bank sooner than later. As I told you before, this has been a very long process on our side. The company is most anxious for a release of funds. I& Randi Sue Van Vliet 1 I NORTH AMERICAN EMERALD MINES, INC 531 Duncan Lane Hiddenite, NC 28636 Phone: 828-635-8080 Fax: 828-635-7080 Wehner From: Wehner, Judy Sent: Wednesday, January 16, 2013 1:22 PM To: 'Cooper, Kathy' Subject: FW: Surety Bond Rider NAEM-Bluegrass Materials Attachments: Scan.pdf; boral bond replacement 2013.pdf Can you review these documents to see if we can accept them? The permitee for this site is North American Emerald Mines Inc. I just never heard of "executed by" in relation to "principal. From: Eric Loggins [mailto:eric0bluegrassmaterials com] Sent: Wednesday, January 16, 2013 1:03 PM To: Wehner, Judy Subject: Surety Bond Rider NAEM-Bluegrass Materials Judy, Here is the rider from the surety company which signifies that Bluegrass will assume all risks by keeping the original permit in the name of North American Emerald Mine, Inc. Please look it over and let me know if it is acceptable, or another signature is needed. I will mail you the original as soon as you respond. Thanks, Eric Eric Loggins, CMSP Bluegrass Materials Company, LLC Director of Human Resources, Safety, & Environmental Office: 270-393-1700 / Mobile: 270-535-9762 eric(cDbluegrassmaterials com www.bluegrassmaterials.com "Don't be safety -blinded, be safety -minded." Wehner, Ju From: Wehner, Judy Sent: Wednesday, January 16, 2013 1:25 PM To: 'Eric Loggins' Cc: 'North American Emerald Mines' Subject: RE: Surety Bond Rider NAEM-Bluegrass Materials As we never had two company names on a rider before I am sending the documents to the Attorney General's Office for their review. This may take a day or two to get an answer. From: Eric Loggins fmailto•ericftluegrassmateriais coral Sent: Wednesday, January 16, 2013 1:03 PM To: Wehner, Judy Subject: Surety Bond Rider NAEM-Bluegrass Materials Judy, Here is the rider from the surety company which signifies that Bluegrass will assume all risks by keeping the original permit in the name of North American Emerald Mine, Inc. Please look it over and let me know if it is acceptable, or another signature is needed. I will mail you the original as soon as you respond. Thanks, Eric Eric Loggins, CMSP Bluegrass Materials Company, LLC Director of Human Resources, Safety, & Environmental Office: 270-393-1700 / Mobile: 270-535-9762 ghc nnbluegrassmaterials com www.bluegrassmaterials com "Don't be safety -blinded, be safety -minded." Wehner, Ju From: Eric Loggins [eric@bluegrassmaterials.coml Sent: Wednesday, January 16, 2013 1:03 PM To: Wehner, Judy Subject: Surety Bond Rider NAEM-Bluegrass Materials Attachments: Scan.pdf Judy, Here is the rider from the surety company which signifies that Bluegrass will assume all risks by keeping the original permit in the name of North American Emerald Mine, Inc. Please look it over and let me know if it is acceptable, or another signature is needed. I will mail you the original as soon as you respond. Thanks, Eric Eric Loggins, CMSP Bluegrass Materials Company, LLC Director of Human Resources, Safety, & Environmental. Office: 270-393-1700 / Mobile: 270-535-9762 ericabluegrassmaterials com mLi v.bluegrassmaterials com `Don't be safety -blinded, be safety -minded." SURETY RIDER 10 bn attuchcd to and turn, a part of Bond No. SUR0005300 Type of Bond. Reclamation Bond dated cltectne December 12, 2012 ccccatcd by Bluegrass Materials Company, LLC n>RI\, w„ , and h, Argonard Insurance Company . as Surefr. in la, or of State of North Carolina. Department of Environment and Natural Resources ,0111-1011t in u,nsiderafion of the mutual agreeutents herein contained the Pi incipatl and the Surety hereby consent to Change principal name and address from: Bluegrass Mafenals Company. LLC 1711 Destiny Lane, Suite IG4 Bowling Green, KY 42104 m North American Emerald Mines, Inc. 531 Duncan Lane Hiddenite, NC 28636 as Principal. Nothing herein contained shall x:ay, alter or extend any provision or amditinn of this bond except its herein expressly this rider is effective December 12, 2012 (MONT11 Dal YeAltl Signed and Sealed January 15, 2013 (hIOF1iI-DAti -PLMt ._ North American Emerald Mines Inc u luxrlpp1. i By: Argona(it Insurance Company 3v: .L'�. , .ri; Kelli? A; icK�niiee S-0447WE 1108 Y,OP Keliie McKinney Marsh - National Surety Center i i I Northshore Drive. Suite N550 Knoxville, TN 37919 865 769 7740 Kellia.MckinneY@marsh.com v W.marsh.com January 15, 2013 Mr. Eric Loggins Bluegrass Materials Company, LLC 1711 Patrick Way, Unit B Bowling Green, KY 42104 Subject: Rider Principal: North American Emerald Mines, Inc. Obligee: State of North Carolina, Department of Environment and Natural Resources Bond Type; Reclamation Bond Bond Amount: $83,800.00 Bond Number: SUR0005300 Surety: Argonaut Insurance Company Dear Mr, Loggins: Please see enclosed the rider changing the principal name to North American Emerald Mines, Inc. for the above -referenced bond. Please recheck the rider for accuracy and sign and seal and forward to the obligee for acceptance and filing with the original bond. Marsh & McLennan Companies, Inc. and its subsidiaries own equity interest in certain insurers and have contractual arrangements with certain insurers and wholesale brokers. Information regarding such interest and contracts is available at: http://global marsh com/aboutfTransparency, Op. If you have any questions, please feet free to contact me. Thank you for allowing Marsh to service your surety needs. Sincerely, Kellie McKinney Enclosure 4 PAarsh 6 Ym en w, curve -c, Argonaut insurance Company Deliveries Only: 225 W. Washington, 6th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 46901.1, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALI. MIN RV THESE PRESENTS, 'Flim the A,gatata Insurmiec Comp;m), a COrpnratrrrn duly nrgancertf and estsi.ing under ffie nut. Init .ne of Illinois and hating its principal office in the County of Cook. IUnions does hereby nominate, constitute and appoint N(rrmoM Anderson f omen>L Juntr,l3rianW McCarI McKinrxcvVicki NWinger, Beat d SimmonsBarbara a 1_Iorv, a••_ f.i_in t MAmar,Smistral Ward CisrolE Whecter" Their true mid lawful agent(s) and atwrneW,I) in -fuel. ch in dmir ,ar ante Capacity If more than One is tuned above, to make excrete. sc ! ;n:+,'= a• ,;, and on its behalf as surety, and as it, act and d.<d r...nd sa h( ,,' )ntracts, agnemeras of indenulty and other undertakings in however, that the penal awn of anyone such mdfrua <r, ra tt:d hcrrinedcr • hell not exceed doe sun ot: Phis Power of At4ancy is gramod and is signed mid sealed order,nd by rho aauau!1 e' ;he fnlloeiog Itesoluuon adopted M• the Rrnurd of Olrnlru Argonaut Insurance Company "RESOLVED. That the President, Senior Vicc President, Vice Prccdern \s;.i ;fun, Vic: I'cmdrnt, Serrctan,'1'reasttrcr and each of them hereby is aulhoriz d to execute powers orsufmner,.mu) such uuthority can be exeeltied b-.. use ai :.,csimde signature. which olov beatrested oracknowledgcd by all, officer or allomep. of the Company, qualifying the uu irney or athnmese homed in th, ci•., It porsrr of uuornn, to execute in behalf of. and acknowledge as the act and deed of the Argonaut Insurance Company, all bond uni ertakin¢s Intl cmnmct' of,uren ship. and to affix the corporate sxml Thermo." IN WO'NESS WHEREOF, Argonaut Insurance Compamhas cuuscxl as otiicial seal to be hereunto affixed and these plesorl to be signed lw hs duly authorized officer on The I ith day of June, 2012. Argonaut Insurance Compare, by: Ou'II-XAS Michael 6, Arlalgc President CUIJ�Il (VILARRIS SS: On tits nth a t, of June, _'012 .AfE- bcforc Inc. a Koury public of The Stoic of Texas, in aid for the Coumn of llarris, dul) :umm;ssfIn, a and qualituvl, wrm;'IHC ABOVE OFFICER OF THE COMPANY, tome personally ktmwn to be the individual and og➢mr described in, and Nhc r .CCLUIl the preceding instrument, and he auknmsledged die ccecution of same. and being by me dude sxorn, deposed mad said that he is the oftfe<r rd r'e said Company aforesaid, and that the seal affixed to the preceding rtmrument is the Corporate Seal of:said Company. at Ed the said Corporate Seal and his eier alum as Officer rvttc dude affixed and subscribed to the said Instrument by the authority and dintentin of the smd cotporoutm. and that Resolution adapte. by the Brrard of Directors of wid Cmnfaany, tefermd to in the preceding Instrument is now in force. 1N 111% TIMONY WIfLRIOP. I base hetcunto set my hood, and affixed mp Oflicial Send at the (•ounty Of Harris. the da} and year find abort tlriuen. (Naary Publici 1, the undersigned Otftcer Ofthe Argonmit Insurance Company, (Ilinois Corporation, do hcrcby cerQV glut the original POWFR OF ATI ORNFY of which the foregoing is a full, true and comet copy is still in fill force and effect and has not been i cooked IN WITNESS WREREOI'. I have fa:rcmitu set in, band, and NY'ued the Seal <rl'said C'umpam, on fir day of ;l,i) L-(A" t Joshua C. Be(, , Vice Presdent " 1'}I1S RO('t \t}�NT fS NO'I \'ALtD 1 NLF_SS PRI\1'F'D ON SHADED RACKGROI'Np N'1'I'tl RLL'E SF.RLA7. NUhiBER IN TIIG iT'PER RtC.Hi' HAND CORNER. tF YOL IIA%E Of ESI IONS ON AITHEN":IC11'4' OF THIS DOCI NIRNT' C ALI, (210) 321 . g400. NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman Secretary Mr. James K. Hill North American Emerald Mines Inc. 531 Duncan Lane Hiddenite, North Carolina 28636 RE: Blasting Complaint North American Emerald Mine Permit No. 02-06 Alexander County Dear Mr. Hill: The review has been completed on the shot record your company previously submitted forthe November 21, 2011 blasts at the North American Emerald Mine. Your company has been found to be in compliance with the blasting conditions outlined in Mining Permit No. 02-06, 1 have already notified the complainant, Ms. Dorothy Watkins, of our findings. Thank you for your continued cooperation. If you should have any questions on the above, please contact me at (919) 733-4574. Sincerely, QUth A. Wehner Assistant State Mining Specialist Land Quality Section cc: Mr. Zahid Khan 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-707.9220 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 Internet: http://portal.ncdenr.org/webAr/land-quality / An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper / ��•T r NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Land Quality Section Director and State Geologist February 9, 2012 Ms. Dorothy Watkins PO Box 276 Hiddenite, North Carolina 28636 RE: Blasting Complaint North American Emerald Mine Permit No. 02-06 Alexander County Dear Ms. Watkins: Beverly Eaves Perdue, Governor Dee Freeman, Secretary North American Emerald Mines, Inc. did not blast on February4, 2012. Blasting operations have not occurred at this site for several months. Our office did however review the last blasting record which was conducted on November 21, 2011. It was found that North American Emerald Mines Inc. was in compliance with the blasting requirements. The blast was so small that it did not trigger the seismograph, as was expected mathematically. 4574. If you should have any additional questions or concerns, please contact me at (919) 733- Sincerely,,, qJuh A. Wehner Assistant State Mining Specialist Land Quality Section cc: Mr. Zahid Khan 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-707-9220 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 Internet: http://portal.ncdenr.org/web/Ir/land-quality An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper