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HomeMy WebLinkAbout02-06 North American Emerald Mine File Pt. 5 Redacted- Nort 1 h Carolina Departrn NC�ENR Simons, PG PE ent of Environment and �ctorand State Geologist Division Of land ResNatural ources Resources March 4, 2005 Mr, J. Ronald S North grnerican ummers 531 Emerald M Duncan Lane Ines, Inc. Hiddenite, North Carolina 28636 RE: Permit No. 02 06 / North American E County / Yadkin Basin erald Dear Mr. Summers. Michael F. Easley, William G. Ross Jr, The purpose crusher of this le at this site in order to is to clarify so contingent u crush Y°ur co Division of upon the follow. rock into company's recent generated Air Quality to operate -* 1) any into gravel Your compan request to operate a rock Department ck material shall be b oiddhtf pinto t thery or bra als Been approved to do pment approvals e obtained red 2y the he site without prior approval an ) no 0 The issPlease attach this a pproval istin from off -site uance of a roval letter to m the regulations. gulations. The rese nslpeEmit and/or any mod' fxcat on minin future Y of cornpliance with any a to it does nit for reference. YOU area a r er, Your pplicable zoninguregula�ons lies zoning emind approved to disturbpermitted acreage at this with is 15.1 acres. site is 94. Please advise t 6 acres and the this matter. his office amount of land at (919) 733-4574 should you have any questions Concerning Sincproi,. F7R W/iw cc:: Mr- Doug File Miller, pE nons, pG, PE-" -and Quality Section 919- 733-4574 I FAX X' 919-733-2876 _ Division of Land RPS°iirrPS Mail Se Geolo ' rvice Center, Ralei 8icth Survey Section 91 An Equal0 91g 733-3A331 FAx. gh North Carolina 9 733- PPortunity l AfFrmative 919-71.5- 27699 1612 24231 FAX. 919-733- Action Emplpyer_ 8$01 I intPr 0900 50% Recycled 11'% Post Co s mter Paper tatP_ q�dlr.ht nr..u, m MEMp�AtDUM October27 2004 rp: File FRpM: SuB jEC7.. Brenda M- Harris, Secreta Notice of Issuance Of A41ning fM,ning rMit fpepple bstcopy of the a public he in the AM ttached `IVO Sent to arin davit tice of in red Will peep/e whos held, a Of IV a trance Of Ml b the h of Y of and ni Cp. a beside Signed nameshe s On in he Otice o ad,,,. Ssitional pep Permit,, Was sent Mr. DOug Miller the pep et at the uance a ple who se to all ple in the fie who Were '�Mh initials t Permit" ,� utters. Was s "Notice,, en North Carolina James D. Simons, P.G., P.E. Director and State Geolcgist Certified Mail Return Receipt Requested _ r NCDENR Department of Environment and Natural Resources Division of Land Resources Mr, J. Ronald Summers North American Emerald Mines, Inc. 531 Duncan Lane Hiddenite, North Carolina 28636 RE: Permit No. 02-06 North American Emerald Mine Alexander County Yadkin River Basin Dear Mr. Summers: October 27, 2004 7002 3150 0003 7042 2572 Michael Z. Easley, Govemo William G. Ross Jr., Secrets Your recent request to have the above referenced mining permit modified has been approved. The codification s to increase the permitted acreage 94.6 acres and the affected acreage at this site to 15.1 acres. The modification includes the addition of a haul road and overburden disposal area as indicated on the mine maps received by the Land Quality Section on September 23, 2002. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to insure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification. I would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 4C, 5 and 8, and Reclamation Condition No. 3. The issuanca 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 lies with you. As we have received the $59,000.00 Assignment of Savings Account, 1 am returning the $58,500.00 Assignment of Savings ,Account previously held by this office for this site for your disposal. As a reminder, your permitted acreage at this site is 94.6 acres and the amount of land you are approved to disturb is 15.1 acres. Geological Survey i Land Quality - Geodetic Survey Division of Land Resources + 1612 Nlail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-?833 \ F;a)<: 919-715-8801 1 Internet: www.dlr.enr.state.nc.us/dIr.htnn =.n Equai Opportunity \ Affirm2tive action Employer- 5045 Recycled \ 10% Post Consumer Paper Certified flail Mr. Summers Page Two Please review the modified permit and contact Ms. Judy Wehner, Assistant Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincerely, Floyd R. Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRW/jw Enclosures cc: Mr. Doug Miller, PE Ms. Shannon Deaton - WRC, w/enclosures Mr. Bradley Bennett - DWQ, w/enclosure Mr. William Gerringer-Mine and Quarry 3ureau, ,N/o enclosure File 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: March 15 2010 Page .= In accordance with the application for :his mining permit, which is hereby approved by the Department of Environment and Natural Resources hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications March 13, 2002: This permit has been modified to allow blasting activities at this site. October 27. 2004: This permit has been modified to increase the permitted acreage to 94.6 acres and the affected acreage at this site to 15.1 acres. The modification includes the addition of a haul road and overburden disposal area as indicated on the mine maps received by the Land Quality Section on September 23, 2002. Expiration Date This permit shall be effective from the date of its issuance until March 15, 2010. Page , 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 Qualitv 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. Buffer Zones A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. B. Sufficient buffer (minimum 100 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected !anal and to preserve the integrity of the natural watercourse or wetland. a image -a a; Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be Provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All mining activities shall be conducted as indicated by the Erosion and sedimentation Control Plan last revised December 22, 1999 and the supplemental Erosion and Sedimentation Control Narrative and design calculations. C. Mining activities associated with the addition of the haul road and overburden disposal area, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the mine maps received by the Land Quality Section on September 23, 2002. 5. Marking Boundaries All affected area boundaries (15.1 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. 6. Graded Slopes and Fills 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. 7. 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. 8. 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 surfade blasting: n- Page 5 Ground Vibration With MonitoriM In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, schccl, r;-ubflc, commercial or institutional building. )J.3 2.0 +s •.A 3.3 .). J.0 I.s 3-1 ). - ).= a:a :r Vibration=raGuanc �, N� S'u Ground Vibration Without Monitoring• In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D%DS)Z D5 = D W vz V = 160(DS)-' 6 W = Maximum charge weight of explosives per delay period of 3.0 milliseconds or more (pounds). D = Distance from the blast site, to the nearest inhabited building not owned or leased by the mine operator (feet). Dr = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. Page C. Air blast With Monitoring - Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak D. Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: To convert U (psi) to P (dBL): U = 82 (D/'N0.33)-1.2 P = 20 x log (U/2.9x10-9) Confined Air blast/Overpressure (dBL) for quarry situation: 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 blastloverpressure shall not exceed 129 decibels, for the purposes of this Section. Page �. Record Keeping - 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 Report n 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. Flvrock 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 iblining Permit. H. Flvrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. �3ge 3 I. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make even, reasonable effort to incorporate the studies' recommendations into the production blasting program. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. 9. Visual Screening Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. 10. Adjacent Property Buffers Sufficient buffer (minimum of 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. 11. Highwall Barriers A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 12. 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 permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of 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. Page 9 C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to these specifically !fisted under G.S. 74-49 (14) of the N.C. dining Act of 1971): 1, on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining 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 13. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 14. Plan Modification The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 15. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $59,000.00 Assignment of Savings Account, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 16. Archaeological Resources A. Authorized representatives of the Division of Archives and ! istcri shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to NCGS 70 Article 3, 'The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archeologist, North Carolina Division of Archives and History. Page 1' APPROVED RECLAMAT'ON PLAN The dining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that iNlining 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. 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: 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. 3. 4. Page '. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsciled or otherwise crepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 12.A. through D. F. The affected land shall be graded to prevent the collection of noxious or foul water. Revegetation Plan: After site preparation, all disturbed areas shall be revegetated as per the Revegetation Plan approved by Mr. Dan McClure, District Conservationist with the Natural Resources Conservation Service on June 14, 1999. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional ,Alildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 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, is hereby modified this 27 th day of October, 2004 pursuant to G.S. 74-52. James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural ,Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application to mcdify this mining permit filed by North American Emerald Mines, Inc.'o conduct mining activities off SR 1491 in Alexander County. The mining permit (no. 02-06) was modified on October 27, 2004. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 15OB-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA and NC General Statute 74-61, a petition for a contested case must be filed in the Office of Administrative Hearings within thirty (30) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150E-23. File the original petition and one copy with the Office of Administrative Hearings, 671.1 .'Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the .Department of Environment and Natural Resources by mailing copy of the petition to Mr. Daniel A. Oakley, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. Jame D. Simons Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on & . 7/� y r �CiLu-O renda Harris iMining Program Secretary NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist October 26, 2005 Certified Mail Return Receipt Requested 7002 3150 0003 7053 8099 Mr. William Duncan North American Emerald Mines, Inc. 531 Duncan Lane Hiddenite, North Carolina 28636 RE: Permit No. 02-06 North American Emerald Mine Alexander County Yadkin River Basin Dear Mr. Duncan: Michael F. Easley, Governor William G. Ross Jr., Secretary Your recent request to have the above referenced mining permit modified has been approved. The modification is to amend the Blasting Conditions of Mining Permit No. 02-06 to limit ground vibration to twenty-five per cent of Operating Condition No. 8A and to require pre - blast warning signal to the two adjacent property owners nearest the blasting. A copy of the modified permit is enclosed. Other conditions of the permit, including the expiration date, mine name, permitted acreage and permit number, remain the same as before the modification. Please review the modified permit and contact Ms. Judy Wehner, Assistant Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Since r ly, Floyd R. Williams, PG, CPG, CPESC State Mining Specialist FRW/jw Land Quality Section Enclosures cc: Mr. Zahid Kahn Ms. Shannon Deaton - WRC, w/enclosure Mr. Bradley Bennett - DWQ, w/enclosure Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosure Mr. Douglas Eisele, Esq. — Eisele, Ashburn, Greene, & Chapman, PA, PO Box 1108, Statesville, NC 28687-1108, w/ enclosure Ms. Anita LeVeaux, Esq. — Attorney General's Office, w/ enclosure 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 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: March 15 2010 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event.that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications March 13, 2002: This permit has been modified to allow blasting activities at this site. October 27, 2004: This permit has been modified to increase the permitted acreage to 94.6 acres and the affected acreage at this site to 15.1 acres. The modification includes the addition of a haul road and overburden disposal area as indicated on the mine maps received by the Land Quality Section on September 23, 2002. March 4, 2005: This permit has been modified to clarify the request to operate a rock crusher at the site in order to crush rock into gravel. The modification includes contingencies to the approval that include any necessary approvals from the Division of Air Quality to operate said equipment be obtained and no off -site generated rock material shall be brought on the site without prior approval from the Department. 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. BA and require pre -blast warning signal to two property owners. Expiration Date This permit shall be effective from the date of its issuance until March 15, 2010, 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. 3. Buffer Zones A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. Page 4 B. Sufficient buffer (minimum 100 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All mining activities shall be conducted as indicated by the Erosion and sedimentation Control Plan last revised December 22, 1999 and the supplemental Erosion and Sedimentation Control Narrative and design calculations. C. Mining activities associated with the addition of the haul road and overburden disposal area, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the mine maps received by the Land Quality Section on September 23, 2002. Marking Boundaries All affected area boundaries (15.1 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. 6. Graded Slopes and Fills 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. 7. 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. N1 Page 5 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 86. 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: /0 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. 10.0 11 O., 0.s o.s O.r HE O ®tact vibration Frequency. Hz Flgure t Alremacsvri blasting te,&l cnrena (Sourca moOYfiear /ram figure S-v, sung a, of Priin®s R1350?: Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/Ds)2 Ds = D W1l2 V = 160(Ds)-l6 Page 6 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). Ds = Scaled distance factor. V = Peak Particle Velocity (inches per second). C. Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System, in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak D. Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: To convert U (psi) to P (dBL): U = 82 (D/W0.33)-1.2 P = 20 x log (U/2.9x10-9) Confined Air blast/Overpressure (dBL) for quarry situation: 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). Page 7 The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping: 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. Flvrock 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. H. Flvrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. I. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. 2. Warning of mine blasting shall be given 30 minutes prior to blasting so that the warning will be perceived by the nearest two property owners to the site of the blasting. 9. Visual Screeninq Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. 10. Adiacent Property Buffers Sufficient buffer (minimum of 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. 11. Highwall Barriers A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 12. 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 permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. Page 9 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): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining 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 13. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 14. Plan Modification The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. Page 10 15. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $59,000.00 Assignment of Savings Account, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 16. Archaeological Resources A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. a. Pursuant to NCGS 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archeologist, North Carolina Division of Archives and History. 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 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or 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: 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 12 C. stockpile, leveled and dd then disturbed areas neighboring the mine excavation shall D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before E. F. revegetation. No contaminants shall be permanently disposed of at the mine site. disposal of waste shall be in accordance with Operating Conditions through D. collection of noxious or foul The affected land shall be graded to prevent the water. On -site Nos. 12.A. 3. Revegetation Plan: the evegeta After site preparation, all disturbed areas District str ct shall be r v tgon etat st with therNat Ral ion Resoutrces Plan approved by Mr. Dan McClure, Conservation Service on June 14, 1999. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: ultaneously with mining to the extent feasible. In Reclamation shall be conducted sim any event, reclamation shall be initiated as soon as feasible after completion or segment under permit. Final reclamation, including termination of mining of any mine revegetation, shall be completed within two years of completion or termination of mining. This permit and March 74-52. issued March 15, 2000 and modified March 13, 2002, October 27, 2004 4, 2005, is hereby modified this 26th day of October, 2005 pursuant to G.S. LM Dzzt.��_ James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources TRANSMISSION VERIFICATION REPORT TIME : 11/22/2006 10:18 NAME : NC DENR DLR FAX : 9197158801 TEL : 9197333833 SER.* : xxxxxxxxxxxx DATEJIME 11/22 10:14 FAX NO./NAME 918286357080 DURATION 00:84:02 PAGE(S) 14 RESULT OK MODE STANDARD ECM i Natural North Carolina Departmoene of Environment QalitY Section Mining Program urces Division of Land Res 1612 Mail Service Center, Raleigh, Carolina 27699 North C715-8aroaro (919) 733-4574 Fax: ( ) FAX COVER SHEET aas�_1e35'- 07050 FAX NUMBER TRANSMITTED TO: n To: 0 Of N� � J M tis�/A From: Date: iJ COMMENTS: RECEIVE ALL PAGES, PLEASE TELEPHONEMI US IMMEDIATELY AT (919) 733-4574: ,IF YOU DO NOT Erosion arc Sediment Comm! �. Adequate mechanical barriers nc;uding, but ^ct imited .c-iversicr.s, dikes, silt check dams, silt r etarding structures, rip rap pits, or ditches sc1i ce provided in the initial stages of any land disturbance and maintained to preveni sediment from discharging onto adjacent suafaca areas or into acy lame, wetland or natural watercourse in proximity to the affected land. B. All mining activities shall be conducted as indicated by the Erosion and sedimentation Control Plan last revised December 22, 1999 and the supplemental Erosion and Sedimentation Control Narrative and design calculations. C. -lining activities associated with the addition of the haul road and overburcen disposal area, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the mire maps received by the Land Quality Section on September 23, 2002. 5. Adarkina Boundaries All affected area boundaries (15.1 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. 6. Graded Slopes and Fills 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 anv 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. 7. Surface Drainace The affected land shall be graded so as to prevent collection of pools of water that are, cr ikely to become, noxious cr foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to Prevent such conditions. 8. Blastira 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 procert`/ from surface blasting; A. Grcund Vibraticn With N,Icnitcring: -F In ail blasting operations, _he maximum peak particle veicc;ty �f ary compcnent of Ground motion shall not exceedA7. figure 1 (below) at the immediate ccatibn cf any regularly occupied building outside of the permitted area such as a dwelling house, church, school, cr public. �cmmerciai cr institutional building. )0.] ).a 7-2 a:a3c Vibrocron (LiCCIfCt-� .^. JCLiaBL' �fCf^ .'tC�fn'a_ �. �c:."9:3.1 9f''✓fi.�:.. .. .. ,�, -. B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/Ds)Z Ds = D vz V = 160(D,,)_1'3 W = Maximum charge weight of explosives per delay period of 3.0 milliseccrds or more (pounds). D = Distance from the blast site. to the nearest inhabited 'building not owned or leased by the mine operator (feet). Ds = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not ;Geed 1.0 inch per second, for the purposes of this Section. C. Air blast With Vlcn!tcr!nq: Air blast overpressure resulting from surface blasting shall ,ct =xceed l29 decibels linear (dBL) as measured at the immediate location of any regular;,/ occupied 'building not owned or leased by the operator outside of the permiited area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of fvlax Level, N/leasuring Svstem in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak D. Air blast Without N/Ionitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: To convert U (psi) to P (dBL): P = 20 x log (U/2.9x10-9) Confined ,-Nir blast/Overpressure (dBL) for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W _ Maximum charge weight of explosives per delay period of 3.0 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. J'ge� _. Record Keecinc: 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 intervai; amouni 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. Flyrock Prevention: The operator shall take all reasonable precautions to ensure that 11yrbck 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. H. Flvrock Recorting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: 1. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, documlent the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. . Studies: The operator shall provide to the Department a copy of the maings cr any nducted at the mine site in response to an exceedence or a seismic studies co level allowed by these blasting conditions. Tie operator, shall make every reasonable effort to incorporate the studies' recommendations .nto the production blasting program. J. Notice: The operator shall, when requested by the Department, give 24-hour advance Regional office prior to any blast during a notice to the Land Quality Section period for which notice is requested. g �/isual public thoroughfares ;c existing 9 public. Additional screening methods, such as vegetation shall be maintained between the mine an p screen the operation from the p appropriate by the constructing earthen berms, shall be employed as deemed app P Department. 10. adiacent Property Buffers shall be maintained between any Sufficient buffer (minimum of 50 foot undisor right-of-way to protect adjacent property - excavation and any mining permit boundary i-iichwal A, physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 12, RefuSl generated outside of the A. No on -site disposal of refuse or other solid waste that is permit mining permit area shall be allowed within the boundaries of the mining area unless authorization to conductinagesaident dispnd oe Land Quality Section -al has first been , ."ra^, both the Division of Waste ME Department of + nvironment and Natural d reclamation amation plan.ne method of disposal shall be consistent with the app S. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 ivitymust be generated on -site and directly associated with the mining activity may t roved by the Division of Waste disposed of in a designated refuse area. All other waste products disposed of in a disposal facility approved acids, solvents or their storage containers Ulanagement. No petroleum products, or an/ other material that may be considered hazardous shalt be disposed of within the permitted area. Parcel Search Page 1 of 1 Parcel Owner: (Last First ex. Smith John) --------] Physical Address: (ex. 100 first Account Number: (ex. 0112345) st)� Sequence Number: (ex. 12345) Assessed Value > (ex. 20000) t�Assess_ed Value < (ex. 30000) Map Number: (ex. a12b) __ � t Lot (ex. 0000a) I Acres: (ex. 200 for 2 acres) Subdivision (ex. Dogwood) Submit Parcel query http://maps.co.alexander.nc.us/sdx2005/parcelqueryforin.hhn?0=& 1=&2=&3=&4=&5=&6... 6/8/2005 NCDENR MRO Fax:7046636040 Aug 5 2005 12:26 P.02 MWH MONTGOMORYWATSON HARZA T 2002 JANUARY 8 M T W T F S H 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 1 1 22 23 24 25 26 27 2 29 30 37 FEBRUARY 5 M T W T F S 1 2 6 4 6 6 7 8 9 10 11 12 13 14 16 16 17 16 19 20 21 22 23 24 25 26 27 28 MARCH S M T W T F. 5 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 28 29 30 31 APRIL 8 M T W T F 5 1 2 8 4 5 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 26 26 27 28 29 30 MAY 3 M 1 W 1 F 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 77 18 19 20 21 22 23 24 25 26 ® 28 29 30 31 JUNE 3 M T W T F S 2 3 4 5 6 7 1 6 9 10 11 12 15 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 JULY S M T W T F 3 1 2 3 0 5 6 7 8 9 10 11 12 16 14 15 16 17 18 19 20 21 22 28 24 25 26 27 28 29 30 31 AUGUST S M T W T F 5 1 2 3 4 5 6 7 8 910 11 12 13 14 16 16 17 13 19 20 21 22 23 24 25 26 27 26 29 36 31 SEPTEMBER S M T W T F S 1® 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 OCTOBER 3 M T W T F 5 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 26 27 28 29 30 31 NOVEMBER 8 M 7 W 7 F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 ® 29 30 DECEMBER 3 M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0 26 27 28 29 30 31 Delivering loin ova five Projects and Solutions Worldwide `IPYorth Carolina Department of Environment and Natural Resources, dR OR nn Division of Land Resources, Land Quality Section MINE INSPECTION REPORT LAND QUALITY SECTION (PERMITTED MINE) 1. MINE NAME 2. MINING PERMIT # 3. OPERATOR 4. COUNTY 5. ADDRESS 6. PERMIT EXPIRATION DATE >< 7. RIVER BASIN 8. Person(s) contacted at site 9. Was mine operating at time of inspection? R'"Yes H-No" , 10. Pictures? ❑ Yes ❑ No 11. Date last inspected: z / ,, /oc 12. Any mining since last inspection? 2�Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes 0`No If no, explain: , a.( • - r - o 14. Is the mine in compliance with the Reclamation Conditions of the Permit? WPYes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ®`No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken:: c - s+•:a. Al' ,A P...AP. if' G... ',...:_a«-- ..,.,„ .3 �, h-i ..•t. l..+.c. a.-H F...:V"i 17. Other recommendations and comments:T11,„ . .M.l.�f\T•.iT'"Kt. 2... 4:, 31 Lv , 1. y'•-_u y.! i'.�`xi .Y.q.r Y v.%%. 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) Q7Not Reviewed 19. Follow-up inspection needed? H"Ves ❑ No Proposed date 20. No. of additional pages of Inspection Report c.:. 21. Copy of Report -sent to operator INSPECTED BY: t°: ,.,.:: , •, , ; , : (date) DATE Telephone No: (-_ ) White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 I rYwd: Narth American Emerald Alexander county] Subject: [Fwd: North American Emers Date: Thu, 21 Mar 2002 10:20:39 -05 From: Tracy Davis <tracy.davis@ncma Organization: NC DENR To: Doug Miller <Doug.M 11er@ncn CC: Mell Nevils <Mell.Nevils@ncma Judy Wehner <Judy. Wehner@nc Doug, excellent investigation and repor had talked to you today and that you we their permit/map to include and address usage issue. I concur that this is a g have everything covered. Thanks again site (by the way, did you pick us up an Subject: Re: North American Emerald Date: Thu, 21 Mar 2002 10:16:08 -05C From: Charles Gardner <Charles.Gardn, Organization: Division of Land Resources To: Doug Miller <Doug.Miller@ncm CC: Judy Wehner <Judy.Wehner@ncl "Tracy E. Davis, P.E." <Tracy.D: Mell Nevils <Me11.Nevils@ncmai: Many thanks, Doug. Doug Miller wrote: MINING SLIPS qlg oa- 31f COARI"T��v" L " > I inspected this site yesterday to do j�+t IIIII-` > response to several complaints that we > Corey Priddy and I inspected the site ,.y �•sy wJ.�u aaatx Hann or Yllb11C > Water Supply. > Energy United operates a water intake downstream of this mine some > distance(I do not know how far). The operator at the plant has noticed > a change in the amount of chemicals that it takes to process there water > in the last two years and thought the mine was the problem. Though I > did not see how the mine could be affecting the water, I invited Mark to > inspect the mine with us so he could see for himself or spot something > that might be affecting the water that I did not notice. After the > inspection he concurred that it was very unlikely that the mine could > affect the water supply. > I also inspected for fly rock. During the inspection we walked the > entire perimeter of the mine. I also walked over about a quarter acre > of the Wooten property in the vicinity of the active mine area to see if > I could find fly rock. Fred Walker had stated that he had picked up a > 55# rock.. I saw no impact points in the trees(though no leaves had > sprouted yet). A did not see fresh rock along the road between the > property and saw no readily visible signs of a significant fly rock > incident. I found one small rock in the road that was of the same type 1 of 3 3/21/2002 10:21 AM f5M: N9rth American Emerald Alexander county] > as the rock in quarry and appeared fresher than the surrounding gravel > on their side of the road near the entrance of the mine where they > control both sides of the road. The blaster said they had had some > problem but used the guards and appropriate blasting procedure to > inspect the area prior to a blast. They have recently bought mats to . > place over the blast to help control this. I emphasized that any fly > rock was a problem and any fly rock that left their property was a > serious problem that required very specific action in their permit. I > will reemphasize this in the inspection report. > I did find some other violations. > 1) They have installed a pump at the creek to pump water to the site so > they can wash dirt off the rock face so they can follow the seams they > need to . I do not think they have any discharge and Mr. Hill stated > the water simply was absorbed in the soil or went to the traps. Water > Quality has been advised of this and are checking to see if a permit > will be required. > 2) They are using some old roads to drive guard patrols around the > property. -These roads were washing in one area, sending sediment > towards the stream which is an HQW. They were advised to install water > bars and gravel gravel the road such that it would not wash. We > received assurances that this would happen. > Doug Miller - Doug.Miller@ncmail.net > North Carolina Dept. of Environment & Natural Resources > Div. of Land Resources - Land Quality Section > 919 N. Main St. > Mooresville, NC 28115 > Ph: (704) 663-1699 Fax: (704) 663-6040 Charles Gardner, P. G P E. -4charles.gardner&cmail net> 1 State Geologist and Director 1 N.C. Division of Land Resources Department of Environment and Natural Resources 2 of 3 3/21/2002 10:21 AM ltiorth American Emerald Alexander county Subject: North American Emerald Alexander county Date: Thu, 21 Mar 2002 10:12:33 -0500 From: Doug Miller <Doug,Miller@ncmail.net> Organization: NC DENR - Mooresville Regional Office To: "Charles Gardner, P.G. P.E." <charles.gardner@ncmail.net> CC: Judy Wehner <Judy. Wehner@ncmail.net>, "Tracy E. Davis, P.E." <Tracy.Davis@ncmail.net> I inspected this site yesterday to do an annual mine inspection and in response to several complaints that we have had about the operation. Corey Priddy and I inspected the site along with Mark Hahn of Public Water Supply. Energy United operates a water intake downstream of this mine some distance(I do not know how far). The operator at the plant has noticed a change in the amount of chemicals that it takes to process there water in the last two years and thought the mine was the problem. Though I did not see how the mine could be affecting the water, I invited Mark to inspect the mine with us so he could see for himself or spot something that might be affecting the water that I did not notice. After the inspection he concurred that it was very unlikely that the mine could affect the water supply. I also inspected for fly rock. During the inspection we walked the entire perimeter of the mine. I also walked over about a quarter acre of the Wooten property in the vicinity of the active mine area to see if I could find fly rock. Fred Walker had stated that he had picked up a 55# rock.. I saw no impact points in the trees(though no leaves had sprouted yet). A did not see fresh rock along the road between the property and saw no readily visible signs of a significant fly rock incident. I found one small rock in the road that was of the same type as the rock in quarry and appeared fresher than the surrounding gravel on their side of the road near the entrance of the mine where they control both sides of the road. The blaster said they had had some problem but used the guards and appropriate blasting procedure to inspect the area prior to a blast. They have recently bought mats to place over the blast to help control this. I emphasized that any fly rock was a problem and any fly rock that left their property was a serious problem that required very specific action in their permit. I will reemphasize this in the inspection report. I did find some other violations. 1) They have installed a pump at the creek to pump water to the site so they can wash dirt off the rock face so they can follow the seams they need to . I do not think they have any discharge and Mr. Hill stated the water simply was absorbed in the soil or went to the traps. Water Quality has been advised of this and are checking to see if a permit will be required. 2) They are using some old roads to drive guard patrols around the property. These roads were washing in one area, sending sediment towards the stream which is an HQW. They were advised to install water bars and gravel gravel the road such that it would not wash. We received assurances that this would happen. Doug Miller - Doug.Miller@ncmail.net 1 of 2 3/21/2002 10:20 AM Re: North.lmerican Emerald Alexander county a2 -6k Subject: Re: North American Emerald Alexander county Date: Thu, 21 Mar 2002 10:16:08 -0500 From: Charles Gardner <Charles.Gardner@ncmail.net> Organization: Division of Land Resources To: Doug Miller <Doug.Miller@ncmail.net> CC: Judy Wehner <Judy.Wehner@ncmail.net>, "Tracy E. Davis, P.E." <Tracy.Davis@ncmail.net>, Mell Nevils <Mell.Nevils@ncmail.net>, Tun Simons <Jim.Simons@ncmail.net> Many thanks, Doug. Doug Miller wrote: > I inspected this site yesterday to do an annual mine inspection and in > response to several complaints that we have had about the operation. > Corey Priddy and I inspected the site along with Mark Hahn of Public > Water Supply. > Energy United operates a water intake downstream of this mine some > distance(I do not know how far). The operator at the plant has noticed > a change in the amount of chemicals that it takes to process there water > in the last two years and thought the mine was the problem. Though I > did not see how the mine could be affecting the water, I invited Mark to > inspect the mine with us so he could see for himself or spot something > that might be affecting the water that I did not notice. After the > inspection he concurred that it was very unlikely that the mine could > affect the water supply. > I also inspected for fly rock. During the inspection we walked the > entire perimeter of the mine. I also walked over about a quarter acre > of the Wooten property in the vicinity of the active mine area to see if > I could find fly rock. Fred Walker had stated that he had picked up a > 55# rock.. I saw no impact points in the trees(though no leaves had > sprouted yet). A did not see fresh rock along the road between the > property and saw no readily visible signs of a significant fly rock > incident. I found one small rock in the road that was of the same type > as the rock in quarry and appeared fresher than the surrounding gravel > on their side of the road near the entrance of the mine where they > control both sides of the road. The blaster said they had had some > problem but used the guards and appropriate blasting procedure to > inspect the area prior to a blast. They have recently bought mats to > place over the blast to help control this. I emphasized that any fly > rock was a problem and any fly rock that left their property was a > serious problem that required very specific action in their permit. I > will reemphasize this in the inspection report. > I did find some other violations. > 1) They have installed a pump at the creek to pump water to the site so > they can wash dirt off the rock face so they can follow the seams they > need to . I do not think they have any discharge and Mr. Hill stated > the water simply was absorbed in the soil or went to the traps. Water > Quality has been advised of this and are checking to see if a permit > will be required. > 2) They are using some old roads to drive guard patrols around the > property. These roads were washing in one area, sending sediment 1 of 2 3/21/2002 11:17 Ah Re: NorthAm = Emerald Alexander wunty > towards the stream which is an HQW. They were advised to install water > bars and gravel gravel the road such that it would not wash. We > received assurances that this would happen. > Doug Miller - Doug.Miller@ncmail.net > North Carolina Dept. of Environment G Natural Resources > Div. of Land Resources - Land Quality Section > 919 N. Main St. > Mooresville, NC 28115 > Ph: (704) 663-1699 Fax: (704) 663-6040 Charles Gardner. P.G. P.E. <charles P—ardner@a ncmail.net> State Geologist and Director N.C. Division of Land Resources Department of Environment and Natural Resources Permitted Active and Inactive Mines in NC Subject: Permitted Active and Inactive Mines in NC Date: Thu, 24 Jan 2002 11:47:14 -0500 From: Tracy Davis <tracy.davis@ncmail.net> Organization: NC DENR To:jacbldrs@eros.com Ed Jacobson (703) 675-5773: Per your request, attached is an Excel file that contains all the current information we have on active and inactive permitted gemstone mining operations in NC. Let me know if you have any questions or need clarification. Thanks. Tracy Davis Name: GEMSTONES.xls Sq GEMSTONES.xls Type: Microsoft Excel Worksheet (application/x-msexcel) Encoding: base64 Tracy E. Davis, P.E. <Tracy.Davis(@,ncmail.net> State Mining Specialist Division of Land Resources NC Dept. of Environment and Natural Resources I of 1 1/24/2002 11:47 Permit No.: Mine Name: County: Owner: Region: Contact Person: Street Address: City: State: Zip 5: Zip Ext.: Phone: 02-06 Hearing Date: NORTH AMERICAN EMERALD h Issue Date: 03/15/2000 ALEXA Expiration Date: 03/15/2010 NORTH AMERICAN EMERALD M Total Acres Permitted: 14.02 4.00 Date Denied: JAMES KING HILL JR 1475 GOBLE ROAD HIDDENITE NC 28636 828-635-5718 Status: A Appl. Rec'd Date: 07/06/1999 Permit Revised Date: Release Date: Next Insp: Last Insp: Last NOD: Last NOV: No. Insp./Yr.: No. Insp. to Date: Commodity Code: GS Ac,Dist Tailings -Annual: Ac Dist Stockpile -Annual: Ac Dist Wastepile-Annual: Ac Dist Processing -Annual: Ac Dist Active Mine-Annua: Ac Dist Total -Annual: Ac Reel Tailings -Annual: Ac Reel Stockpile -Annual: Ac Reel Wastepile-Annual; Ac Reel Processing -Annual: Ac Reel Active Mine-Annua: Ac Reel Total -Annual: Ac Dist Tailings-Cumm: Ac Dist Stockpile-Cumm: Ac=Dist Wastepile-Cumm: Ac Dist Processing-Cumm: Ac Dist Active Mine-Cumm: Ac Dist Total-Cumm: ARR Rec'd Date: Bonded Acreage: 14.02 Bond Amount: 58,500.00 Bond Type: A01 Latitude: 35.9131 Longitude: -81.0742 Verify: Quadrangle: River Basin: YADKIN PEE DEE Central Off. Comments: Regional Off. Comments: [Fwd: Miner sees green as he finds ...inston Salem Joumal - Journal Now] NORTH CAROLINA &A-EW! Davidson DavieNadkin Federal Government State Government Surry/Stokes Watauga/Ashe Wilkes LOCALNEWS by WIrtstan-Sallem author Davis Miller Fri, Jan 18, 2002 Miner sees green as he finds emerald that puts N.C. INSIDE LOCAL NEWS back on gemstone map SECTIONS AP Wire Business Classifieds Corrections Entertainment Front Page Living Local News Obituaries Opinion Special Reports Sports Weather SERVICES Contact Us E-mail Updates Home Delivery Join Our Panel Place an Ad Search Our Site SPECIAL COVERAGE THE ASSOCIATED PRESS HIDDENITE -- The gem miner who uncovered what he thought was an emerald of a lifetime in Alexander County appears to have found an even bigger one. Jamie Hill, who found an 88-carat emerald in 1998, said he and his digging team discovered two bright green emeralds last weekend - one of which may exceed 100 carats. "I caught my breath after an hour or two," Hill said from the dig site Wednesday. Gem experts who converged on Hill's mine this week said that his latest finds compare with the finest emeralds in the world because of their brilliant green color, large size and formation - independent of other crystals and not imbedded in rock. "This discovery puts America on the map in terms of gem -quality emeralds," said Antoinette Matlins, a Vermont gemologist and the author of several books on gemstones. "The only question is, how many more are there?" Matlins said. The crystals are in a narrow opening in the rock, shining bright green amid a collection of quartz. The larger one is at least 100 carats, the other 35 to 40 carats, Matlins estimated. It's impossible to put a value on the emeralds until experts inspect them, Matlins and the other experts said. A 59-carat emerald found in Hiddenite in 1970 fetched $200,000 after Tiffany's cut it down to the 13-carat Carolina Emerald. The rough 88-carat emerald found by Hill in 1998 was cut into two polished gems of 18.8 carats and 7.8carats. The 7.8-carat emerald, called the Carolina Prince,was sold in 1999 to a private investor for $500,000. Other experts at the site Wednesday included geologists Ronald Crowson of Geo Solutions in Raleigh and Jim Hurtak of the New York Academy of Science. Hill found the gems at a former public mine he owns, just feet from the spot where he made his 1998 find. Click our S1 diriec YJ sue;, Call Bet or dick to He resumed his searching only last week after a two-year hiatus while he obtained commercial -mining permits and raised money for mining equipment. Hill is waiting for gem experts from the Smithsonian Institution to arrive to study them. After he extracts them, he'll give them to a series of experts to evaluate before they're cut down and marketed. Alexander County's reputation as the premier gem -producing site in the United Er of 3 1/22/2002 10:27 AM Mountains yield more gems Subject: Mountains yield more gems Date: Fri, 18 Jan 2002 14:05:23 -0500 From: Susan Edwards <Susan.Edwards@ncmail.net> Organization: DENR - DIVISION OF LAND RESOURCES - LAND QUALITY SECTION To: Charles Gardner <Charles.Gardner@ncmail.net>, Mell Nevils <mell.nevils@ncmail.net>, Jim Simons <Jim.Simons@ncmail.net>, "David H. Ward" <David.H.Ward@ncmail.net>, "Tracy E. Davis, P.E." <Tracy.Davis@ncmail.net>, Judy Wehner <Judy.Wehner@ncmail.net>, Chris Hite <Chris.Hite@ncmail.net>, Jim Leumas <Jim.Leumas@ncmail.net>, Caroline Medlin <Caroline.Medlin@nCmail.net>, Hope Thompson <Hope.Thompson@ncmail.net>, Stephanie Lane <Stephanie.Lane@ncmail.net>, Susan Edwards <Susan.Edwards@ncmail.net>, Tabitha Brown <tabitha.brown@ncmail.net>, Tami Idol <Tami.Idol@ncmail.net>, Dan Sams <Dan.Sams@ncrnail.net>, Floyd Williams <F1oyd.Williams@,ncmail.net>, John Holley <John.Holley@ncmail.net>, Toby Vinson <Toby.Vinson@ncmail.net>, Matt Gantt <Matt.Gantt@ncmail.net>, Doug Miller <Doug.Miller@ncmail.net>, Richard Phillips <Richard.Phillips@ncmail.net> htto://www.newsobserver.com/fridav/news/nc/Storv/9045171)-903415c html 0 SeCHO SEARCH AR _ Text Archh NEWS •; . r , , Letters to the F Subscribe to TI I Triangle ♦NC P Nation/World I Columnists F Editorials .L I - — - -- - - - - - — - - - - - Place a Displal - - News ShOrtCUtS FRIDAY :news : nC Ink Place a ClassN Contact Published: Friday, January 18, 2002 4:15 a.m. EST The Ni r About The N&( ® Top news, weather and Mountains yield more gems F movie times in your palm. Alexander man finds two emeralds that may be worth millions News, movie times and } in B JERRY ALLEGOOD, Staff Writer - Y FEB. Zit - II more your mailbox. HIDDENITE - An Alexander County man who friendlyAND DAIFICII CS CONFLNE CLICK F@ rocked the gem world with an emerald he ® =se -' CURRENT: discovered three years ago has uncovered Mostly cloudy 48 "F additional spectacular stones that are drawing gem experts and geologists to the North Carolina TODAY: High 51°F; Low mountains. subscribe to our e-mail 34 *F. Cloudy lists TOMORROW: High ® get news, weather, Jamie Hill said Thursday that his discovery of two movies on your PDA 447; Low 36'F. Heavy huge crystals last weekend -- one of which may rain and cool. exceed 100 carats -- shows that the 88-carat gem 70ne d he found at his mine in 1998 was not a fluke. bsci Ex -workers sue over mercury "If that one didn't make me a rock star, this one will," he said in a telephone _ interview. 1 of 3 1/22/2002 10:14 A Moyntains yield mom gems mountains yiew more gems Shopping Camp He found the stones Saturday embedded in a rock formation and left them in neighbors get t live -fire place until they could be studied and carefully excavated. The largest is a dark -- preview green hexagon- shaped crystal nearly 2 inches in diameter and the other nearby j Snyder has questions for is about 3/4 inch in diameter. Current t Antoinette Matlins, a gem expert from Vermont, who traveled to Hiddenite to founder hog -waste spill observe the crystals in their natural setting, agreed that the gems appeared to Wedding: be large and clear, characteristics that could enhance their worth. The value e-mail can't be fully assessed until the stone is cut and inspected, she said, but she announcer estimated they could be worth millions. She said the color and clarity -- "like looking through green water" -- matches Travel gems found anywhere in the world. > Travel B r Travel D "This could be top gem," she said. Hill said he set off explosives that opened up caverns in a rock dome and found Personal: the two large gems near the entrance. Electronic studies of the rock formation people2l indicate the site is honeycombed with features that could hold many more valuable gems, he said. -_ "We're just getting started," he said. Jobs: • Post yO1 North Carolina emeralds are considered particularly valuable, sometimes . Search ' drawing 20 times more than comparable stones from Colombia, experts said. , Jobs at Hill bought the abandoned mine in 1997 and began excavating the 100-acre site & Observe while seeking investors. The 88-carat emerald was cut into two polished gems of 18.8 carats and 7.8 carats. The smaller, "The Carolina Prince," was sold in Cars: 1999 to a private collector for $500,000 -- or about $64,000 a carat. . Find a ca According to Hill, experts from the Smithsonian Institution are scheduled to visit Real Estal the mine in Hiddenite next week. . Commen Matlins, who has written books about gem stones, said Hill's mine has "put Properties North Carolina on the map" for gems and could lead to development of a major • Find an c mining operation in the state. . Apartmei Hill said people usually think gems and precious stones come from exotic places in other parts of the world. —_ "We have some of the finest in the world right here," he said. Staff writer Jerry Allegood can be reached in Greenville at (252) 752-8411 or jerrya@newsobserver.com. Feedback 11 Parental Consent 11 Privacy Policy 11 User Agreement. o; Go To Section �pCurwmou i�. �ruawrs Let's Go Winter Vac © Copyright 2001, The News &Observer. All material found on newsobserver.com is copyrighted Deals. The News & Observer and associated news services. No material may be reproduced or reused without explicit permission from The News & Observer. ` Visit NC - - Get-A-Wai 2 of 3 1/22/2002 10:14 A MINING CHECKLIST FOR ROUTING Applicant's Name: Name: Applic./permit No.:M-01,oCounty: Date Received: _ / i �/� Jam= Reviewer. River Basin Name: ❑ New ❑ Renewal ❑ Modification (outside permit bod lies tlon (inside permit boundaries) Partial Release G Additional Information Transfer ❑ Release eojfc�c' Received: Qjtion Regional Office ( Office Mining A lication Review Checklist" too one cocompletepy a "Mining Applicat on to the other copy; sent Review Form" W/ o� wWWW���/ i�• r' ❑ Division of Water Resources Date. R. tU, Ak A ❑ NC Wildlife Resources Commission Date. R I e 14/:111iFp Date: R, Service „� Date: R� �� ification requests l tI 77 Date: RC Date: RC �/ ��^ � � edification requests Date: RC Date: RC i Z41ease note the following: ? oCX NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section Michael F. Easley, Governor Charles H. Gardner, P.G., P.E. William G. Ross Jr., Secretary Director and State Geologist March 13, 2002 Mr. William B. Duncan North American Emerald Mines, Inc. P.O. Box 57 1475 Goble Road Hiddenite, North Carolina 28636 RE: Mining Permit No. 02-06 North American Emerald Mine Alexander County Yadkin River Basin Dear Mr. Duncan: Your application for modification of the above referenced mining permit has been approved. The modification is to allow blasting activities at this site. Please refer to Operating Conditions Nos. 8.A. through J. of the enclosed modified permit. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by modification request and as required to insure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification. G.S. 74-65 states that the issuance of a mining permit does noS supersede or otherwise affect or prevent ulation or incorporated city or,county ror by any agency or depacement of any zoning rtment t of the rSt to of Nodinance lrth Carolina. adopted an As a reminder, your permitted acreage and affected acreage for this site are both 14.02 acres, as indicated in the revised December application 22, 1999 and the supplemental Erosion and Sedimentation Control Narrative and design calculations. As noted during a telephone conversation between Ms. Judy Wenner of my staff and Mr. Jamie Hill on March 13, 2002, your company's previous modification request dated July 26, 2001 that was submitted by Mr. R. Carroll Williams, P.E. on your company's behalf has never been issued. The modification proposes to extend the grading operations beyond the approved disturbed area. On August 3, 2001, a cursory review letter was sent to you that included a list of the items required to continue processing your request. Please be advised that no land disturbing activities can occur within these proposed areas until your request has been processed and approved by this office. I have enclosed a copy of the August 3, 2001 letter for your use, in the re requesting that yourou wish t ennursue this ding modificationcation request be withdrawn fromuest. If not, sfurtherd review. a letter q 9 Y pending 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Mr. William B. Duncan March 13, 2002 Page 2 Please review the modified permit and advise this office at (919) 733-4574 should you have any questions concerning this matter. Sincerely, Tracy E. vis, P.E., C.P.M. State Mining Specialist Land Quality Section TED/jw Enclosures cc: Mr. Doug Miller, P.E. Ms. Diane Renzi-WRC, w/enclosures Mr. Bradley Bennett-DWQ, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures Mr. R. Carroll Williams, P.E. w/enclosures 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 Gem Stone 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. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications March 13 2002_ This permit has been modified to allow blasting activities at this site. Expiration Date This permit shall be effective from the date of its issuance until March 15, 2010. 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 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. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Section, Division of Water Quality, to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 100 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All mining activities shall be conducted as indicated by the Erosion and Sedimentation Control Plan last revised December 22, 1999 and the supplemental Erosion and Sedimentation Control Narrative and design calculations. \ C. No mining related activities shall be initiated in Phase II until an erosion and sedimentation control plan has been submitted to and approved by the Department for Phase II. All mining permit boundaries (14.02 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. 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 B. and D. 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 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. 10.0 ZO 1.5 1.0 0.5 0.7 0.6 0.5 o.a 0.s 0.2 W Blast Vibration Frequency, Hz Figure 1 Alternative blasting /eve/ criteria (Source modifred from figure a-1. Bureau of Mines R18507) 4 C. Page 5 Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/Dg)2 IDS = D V = 160(Ds)-1.6 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). Ds = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. Airblast With Monitorina• Airblast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring Svstem in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak D. Airblast Without Monitoring - In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: To convert U (psi) to P (dBL): U = 82 (D/W0.33)-1.2 P = 20 x log (U/2.9x10-1) Confined Airblast/Overpressure (dBL) for quarry situation: 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). Page 6 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 = Airblast or air overpressure for typical quarry situations (decibels). The airblast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping_ 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; of stemming and totaland burden den forrs of expleach hole; blast locations d stancer e 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/Airblast Reporting - If ground vibration or airblast 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. Flyrock 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. H. Flyrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: I. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. 'r Studies: Page 7 The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed incorporate the studies' recommendations into the production blasting by these blasting conditions. The operator shall make every reasonable effort to J. Notice: program. The operator shall, when requested by the Department, give 24 hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. public thoroughfares whenever practical to screen the op9. Existing vegetation or vegetated earthen berms shall be maintained between the mine and eration from the public. 10. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. 11. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 12. 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 permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of 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): 1) on -site generated land clearing debris 2) conveyor belts 3) wire cables 4) v-belts 5) steel reinforced air hoses 6) drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: i Page 8 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. 13. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 14. A. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. No mining related disturbances shall be allowed in Phase II until an erosion and sedimentation control plan has been submitted to and approved by the Department. 15. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $58,500.00 Assignment of Savings Account/CD is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 16. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, 'The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 9 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, 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. 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: 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 or sediment basins shall be backfilled and stabilized. ` 1 ^ Page 10 C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 12.A. through D. F. The affected land shall be graded to prevent the collection of noxious or foul water. Revegetation Plan: After site, preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan approved by Mr. Dan McClure, District Conservationist with the Natural Resources Conservation Service, on June 14, 1999. 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, is hereby modified this 13th day of March, 2002 pursuant to G.S.74-52. Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources Producing the Finest Quality Emeralds & Gems in North America PO. Box 57 Hiddenire, NC 28636 j:n28635.5718 828.63'51--i'7T8 January 29, 2002 g� Dept. of Environmental and Natural Resources Division of Land Resources JAN 2092 Land Quality Section 1612 Mail Service Center T35 Raleigh, NC 27699-1612_ Attn: Ms, Judy Wehner Ref: Request for addendum to Alexander County Mining Permit Number 02-06 issued to North American Emerald Mines, Inc. Dear Ms.Wehner: Following -up on our telephone conversation earlier today, I am enclosing a check for $100.00 for the purpose of adding blasting privileges to the mining permit previously issued to North American Emerald Mines, Inc.(NAEM). In our mining operations, blasting becomes necessary at times when there is thick, heavy rock surrounding a pocket or cavity located by ground imaging radar soundings indicating a possible location for gems. To get into the cavity we would drill holes in the adjacent rock to accommodate small charges of dynamite The resulting blast or blasts would break-up the rock surrounding the cavity thereby allowing access to any gems that might exist in the cavity. If you have need for any further information, please call me or James Hill. President of North American Emerald Mines at (828) 632-0063. Thank you very much for your assistance in this matter. Sincerely, //J./�-4 William f3. Duncan cc: James K. Hill, Jr. President, NAEM Encl. —North American Emerald Mine Subject: Re: North American Emerald Mine Date: Thu, 17 Jan 2002 17:48:06 -0500 From: Doug Miller <Doug.Miller@ncmail.net> Organization: NC DENR - Mooresville Regional Office To: judy wehner <Judy.Wehner@ncmail.net> It was in today's (Thursday Charlotte observer and has a Ppicture with caption saying blasting was halted because of a big find -apparently as big or biggger than the first. I will hold up till we get the paper work. judy wehner wrote: > Mr. Hill returned my call. He admitted to doing some minor blasting at > the site to open a cavern. I explained that blasting operations are not > part of his mining permit conditions. He's going to modify his permit > to allow blasting activities. I told him not to blast until he gets his > permit modified. > Doug - you may want to wait till the modification request comes in to > visit the site. He said it is pretty hectic there because they found a > bunch of emeralds in the cavern and he said to watch the news. Doug Miller - Doug.Miller@ncmail.net North Carolina Dept. of Environment & Natural Resources Div. of Land Resources - Land Quality Section 919 N. Main St. Mooresville, NC 28115 Ph: (704) 663-1699 Fax: (704) 663-6040 loft Imth American Emerald Mine f; Subject: North American Emerald Mine Date: Wed, 16 Jan 2002 1Wehne@ - n5c000a11.neV From: judy wehner Judy. Organization: DENR/DLR To: Charles Gardner<Charles.Gardner@ncmail.netDavis <Tracy.Davis@ncmail.net>, Mell Nevils <Mell.Nevils@ncmail.net>, Tracy nelnai ail.ne Doug Miller <Douglvliller@ncmail.net>, Chris Hite <Chris.Hite@ call. He admitted to doing some minor norblasting at are not Mr, Hill returned my going to modify his permit the site to open a Perrmit'� conditions- to blessting gets his part of his mining p to allow blasting activities. 2 told him not to blast until he permit modified. Doug - you may want to wait till the modification request comes in to visit the site. He said it is pretty hectic there because they found a cavern and he said to watch the news. bunch of emeralds in the lofl e: Complaint on N. American Emerald Mine i r Subject: Re: Complaint on N. American Emerald Mine Date: Wed, 16 Jan 2002 09:09:22 -0500 '1 net> From: Judy Wehner <Judy.Wehner@ ncnlail.net> To: Charles Gardner <Charles.Gardner@ ncmail.net> CC: Moll Nevile Mellg."ll@@n alb ne � l�uay Wehner <Judy.We@hner@d net>, Doug Miller Doug. American to get back with call to date. I discussed the complaint with I have called and left several messages for North me. They have not returned my o with Doug. He is planning to investigate the complaint next week after e he's working on. He wants to g experienced person needs to see the site. finishes with the sediment Projects Charles because he feels an Charles Gardner wrote: "Fr He icaretaker for 4 emeral > I received a call this afternoon from "Fred" Walker in Alexander s d mines owned by Jack and Betty William which he says were done > County- lain about two blasts, Mine, operated by Jamie Hill. One of the > Wooten. He called to comp > by North American Emerald p > blasts was about 10 astsut 1:30 swegre abouto and hBoo efeet fromtone ofttheoWooten's > p.m. He say are damaging the Wooten's emeralds (breaking > deposits and he thinks they > them, he says). Says one of the blasts moved a 7 ft.x 9 ft. boulder on > Wooten's land a distance of ten feet. Permit allows > look into whether North Americat ad then let Mr. > Please have somebody lai. , > blasting, talk to North American about the comp > Walker know what you learn. He's at 828`635-6335• talkeddwith aJamieat > his name be kept confidential ----said he's already > Hill aout it). > Thanks, > Charles 1/16/2002 9:. l of Complaint on N. American Emerald Mine ( r 1) jZ -blp Subject: Complaint on N. American Emerald Mine Date: Fri, 11 Jan 2002 16:55:55 -0500 From: Charles Gardner <Charles.Gardner@ncmail.net> Organization: Division of Land Resources To: Mell Nevils <Mell.Nevils@ncmail.net> CC: Jim Simons <Jim.Simons@ncmail.net>, Doug Miller <Doug.Miller@ncmail.net>, Judy Weimer <Judy.Wehner@ncmail.net> I received a call this afternoon from William "Fred" Walker in Alexander county. He is caretaker for 4 emerald mines owned by Jack and Betty Wooten. He called to complain about two blasts, which he says were done by North American Emerald Mine, operated by Jamie Hill. one of the blasts was about 10 weeks ago and the second was today at about 1:30 p.m. He says the blasts were about 800 feet from one of the Wooten's deposits and he thinks they ofare damaging blasts the ed oote' sxe9eraldsf. (breaking them, he says). y one Wooten's land a distance of ten feet. Please have somebody look into whether North American's permit allows blasting, talk to North American about the complaint, and then let Mr. 't what you learn. He's at 28 5-6335 hisker namenow be kept confidential ---- said8he's3 already talkeddwithask Jamieat Hill aout it). Thanks, Charles 711 Charles Gardner P.G. P.E. <charles eardnerna ncmail net> State Geologist and Director N.C. Division of Land Resources Deportment of Environment and Natural Resources l of 1i14{2002 9:03