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HomeMy WebLinkAbout02-06 North American Emerald Mine File Pt. 7awn NCDENR North Carolina Department of Environment & Natural Resources Division of Land Resources — Land Quality Section 1612 Mail Service Center, Raleigh, NC 27699-1612 Phone (919) 733-4574 Fax (919) 733-2876 Facsimile nata. "?, ) 4 —in :e-� TO: �uc� Phone No: Fax No: r%Id — FROM: l�G �G! Gc _ Extension: COMMENTS: You should he receiving page(s) including cover sheet. If you do not receive all pages, please contact sender. FAX OVERL il" ATTN: FROM: DATE: FAX A 7 .1 4� Pages.- ry r CQNEIDEMALL3' �N�: The infamiation COP.tained in thi,. facsir-jic F1 -1 R-C('TrpFlrylr,-, mcsw,!:. md constilutcs information which boloop to North Ameriaw. Emerald Mims, Inc. J'hi;s io, a ir tr- individual or entity rained *)vve- If you we not dw intended rtc*entefr+ o_fix., � ndw onl: fiOT I;IC 113t Cf thC -'Owl, YR ,art "-d tna, anv diso�o-,wv c4Wyinr- dmributmr, or tht taking of a" arfim in r01jM= On this i11fbMWJ1-n, is 3Ui 13 13M JV-tc:. 1 yCU her, cornmunicatior. in crixr, plewc immediate notify us by tfthonc, and ry) rM , -.51 r.--., if-:: at ; -V7 Ili: fftz L ft wig; .331 Dunan Lane + Hidderlito.Narth C71rc.,in, 07/11l2005 11:07 6236357030 IMI, V I I JIM, ULO, SEBSidlEC, INC. ju°.y 11, 2005 W Er/ 152i' FOWEP.S FERRY -:CA D ELDG 24 - 51ATC 100 A%TU%NTA. GA 303-9 Nt. ]antes R. Sunihmers, President/ :EO North American Ern=rald Minces, tic. 531 Duncan Lane Hiddenite, North Carolina 28636 RE: North /-lunerican Emcxald Aline (Pelmit No. 0-06) Review o- Blasting Records, Blasting Proced,wes, Blasting Req rirements a;ad Vibratioj Monz:•o'iag Bear MT_ S mm, eTs: Per; oru` request I have re•viewedSortli E,r`terald r, iitCs .G rill•:11t; r.E :lr:;,, �'it8 :i", Procedures, Blasting Requiremerit, and VibTatioii Mon-fm-ing Et 1' .'?lilt No. 10 are descr:bcd below. 13 isting Re; ords i tie North Arnericar, Emerald NC'nes' Blasting Recorls were k l r:+ . t:i L'e iri necessary informatics needed for Wrf tfpe of post bla,i evz.11; aticn ` he infb7:•rr--'1+ l=i rVZ. i-: blasting records are accurate and consistent with the'-y-ce blasti-t ; ;o:tiducte BiastinL Procedures The blasting procedures at the NoT*h A xieriran Emer .d Kr-., ,a:: leiene. t7 i r,:,':. -z72►e' .. no" break matte„ai. This is didTer-mt• from quarries anc` -onsx larger patterns using fewer poun.cls of explosives per •iclay. T:-c l rr storage; loading, warning signals. detonating and all clear sign is , in other types of reining in North Carolina. 131:�sting Re uirements 0, There are no blasting requireme,its that vrould exceec `wse r:gwn d irr th-, e1a;. r: ;later; agency. Oil Vlbrattiom Monitoring ° z North A-mencan Emerald Dine is r.aw -:monitoring ,,ho gmune )kr:.kn a<nd air -w distance of approxirrtately 680 fc:.t. Tnis location is b•.tYreen -.h � rri nvu a d .`i+ st-, acture. This off-si:e structure is approximately 3000 feet from J c riLnirng. Ti monitoring location is more than adequate to ensure the protectionof" Cle adjace�r -�;-ertic ifWKrGMM4ti ARAW.A.GF CFAMMNVaw/ QUUO.t7[I W_ KNMSMKY 11 NAWViIEM o Rt'-vk1QT' 20E-SQ2-2e66 77DP-:2-2466 30L4-8�.'s2455 704-50M4&, SD2.437.24d4 r t 5 ; ",7 56 of., •= ;-C.126 07/E /2005 11:07 6286357090 NrEil no SEISMIC, INC. in reviewing the sei.,mograph dsta; I found the readings to be accurate base or: th» given distance and pounds per delay. At the present time the vibratiolt being Frteeuce ; 5 - . fie is very low. With the type mining North American ET=rald :dine is doszL, a: rci c s 1-.-1,::c:ssT " - will continue to do, I do not foresee any significant incumse in theae =!dlr6gs. ' hi:= nei'r e th.a. case i feel sure the mine can operate at a lower blasting limit: but saii.'tou: hti; undo staadi:; a_ the long range mining plan, I will not submit a recommendation at this time. Please call if you have question, or yoc require further assistznce in thx::tt^st:e= Sincerely, Sauis Seismic, Inc. Roger Reeder o .' <`"�:'0` r ♦ eSao or �P♦Poyo o deP t nioxe.3--T,. a Umx a 07/11/2005 11:07 8286357080 NAEM ?AGE 01 Producing the Finest Quality r meraids E Gemstones in North America ATTN: FROM - DATE P,-.Ie � � � F � M` -v - — • � ` ' ! � ` d u i � � � wmLh m 9 M t arr s3m ya r¢i w ien�aePieyx hai s e ^ -teaec ;yni spndxrnr o yinGii? rc „ dCo atro v. _tci:• ,,en� r rYruy nedssCis FCitha exrr�. 539 t'7unc8n I, ane 4 Iiiddenite., North Carolina 2 hi2F,• 07/11/2006 11:07 8236357080 ara SEISMICr INC. July 11, 2005 WEfi 1627 POWERS K-RRY ROAD ELDG 24— SUITE 100 ATLANTA. GA 30339 Nt.. lanes R. Summers, Pmsident/C'EO North American Emerald Mines, Lac. 531 Duncan lane lliiddenite, North Carolina 28636 RE: North American F-Merald Mine (permit No. 02-06) Review of Blasting Records, Blasting Proced-wes, Blasting Requirements and Vibration, Monitonng Dear Rah. Summers: atW�h%�sra ss� rr� ecru vatw.5p...i595m A:.:Or�l per your request 1 have reviewed North American Errcrald lslares' Blas i.7g Re -or, Bin! i- procedures, Blasting Requirements and Vibration Monitoring at Fe-Amit No. 02-16, are described below. M sg_tiURerords 1 he North American Emerald Mmes' Blasting R o is w m,at o d, tti) ininfo* d re i;c i3 tea i necessary information needed for airy type p blasting records are accurate and consistent with the cypv bla,;Ong conducted at tliir. ;,_:. 3e. Ed4ast1rA6 dE£o9 The blasting procedures at the NOTfa American Emerald Mir:: are designs t lF,rs'. Tall—; not break mateA:al. This is different from quarries anC ,.onstr:c'aon. 's"his vp F , ,i.: 5 a cr , larger patterns using fewer pounds of a„plosiT/es per delay. The piocedwr r eF fo; e.v, IS torage, loading, warning signals, detonating and all clear signals, are eors.stent,a,S.i T in other types of mining in North Carolina. H1�estln� YieuTlfrements There are no blasting requirements that would excece those required by t-w Mt: rr agency. 'Vlbraiioza iVio;a toelat� North 'c�r�cerl anAn Emerald llfiners now monitazang'ba ground vibration and aer �Ji�e , s, r�� � :' distance of approximately 680 feet. This location is b Cv+een h4 mining and `iG ;:L ` structure. T"nis ofi" site structure is approximately 3000 feet from the mis-1ing. 1:; ; �',' s-r; monitoring location is More than adequate to,tsvre the protection oz'the adjaee'st-c;_�ez<!ca. tCU+iiliPcKi° :2�„4"4195i'L'li '4J':IYl R ''fJl 'O:: EiPdNrrflPAid:� knFkirl.C-d L$°$e9dFNvi"u18.W'/ CWaRAfiTFMG 614,1I1.4455 2C,r-M-2466 T/i38.�246b 3048&Y2455 704-5040466 g2-:.5i.2466 atS-$F9• 55 8b.`:,4::G12d NFEM E,a:= e 07/11/2005 11:07 im 8286357080 ?age 2 In reviewing the s,isM(Waph data, l found the readings to be accurate ba3eg on the given distance and pounds per delay. At the present time ti'ae vibratioin being frt� '—ed by tlee bras"i''` Ame lice type raining biort�t rican Erna aid :elr a is do n; ai i a is very low. With t r ; will continua to do, I do not foresee any significant inwase M the,e re€,dirge.',:his =r tic T.- case I feel sure��mine canloPelzlano 6ubrrtitd a ea reaomrnendation asting limit; but t this t,me.. undo ' .indi.:g ?x the long rang ug plan, Please call if you have questions or you require further assistance in tha l :natter Sincerely, Sauis Seismic, Inc. A� 64.1, Roger Reeder urtjar4xera.aL RRARcsA.QA etnafMMrMWF cruacrnrric covsvxuxv r WDENR . North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary July 19, 2005 Certified Mail Return Receipt Requested 7003 1010 0003 5645 1457 Mr. James R. Hill, Chairman North American Emerald Mines, Inc. 531 Duncan Lane Hiddenite, North Carolina 28636 RE: North American Emerald Mine (Permit No. 02-06) Dear Mr. Hill: We have received a copy of a report dated July 11, 2005 from Sauls Seismic, Inc, in response to my letter of June 24, 2005 to Mr. James Summers. However, some issues remain outstanding. From our telephone conference call to Mr. Summers on June 22, 2005, we understand that you may no longer have all of the blasting records for blasts conducted under your management. However, we request the following clarifications or additional information. Do all records show that air blasts and ground vibrations have been within the limits of the permit? Please set out the limits and actual levels of the air blasts and vibrations. Overall, were the blasts consistently well within the limits (for example average of 50% of the limit, etc., barely within the limits, or scattered within the entire range? Are there any notations in the records within your possession indicating that weather conditions or other circumstances that may have caused the periodic complaints, even when the blasting measurements were well within the limits? 2. Do any of the records note the occurrence of flyrock beyond the immediate blast area, or beyond the guarded area? Where do the records note the occurrence of flyrock? 3. The July 11, 2005 report acknowledges that blasting for this mine is different from quarries and construction. Although the total poundage of explosives per delay required may be less, the possibility of flyrock exists. What guidelines for blast confinement are used for blasting in this case to prevent flyrock? Offsite Geological Survey • Land Quality • Geodetic Survey Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX: 919-715-8801 \Internet www.dlr.enr. state.nc.us/dlr.htm An Equal Opportunity 1 Affirmative Action Employer —50% Recycled l 10% Post Consumer Paper 07/11/2005 11:07 8286357080 W EM SEISMIC, INC. July 11, 2005 1627 FCA ERS FERRY -;CAD BLDG 24-SUITE 100 ATLANTA. GA 3=51 hli. James R. Summers, President/CEO North American Emerald Mines, lnc. 531 Duncan bane I-liddenite, North Carolina 28636 RE: North American Emerald Mine (Permit No. 02-06) Review of Blasting Records, Blasting Procedures, Blasting Requirements and Vibration Monitoring Dear Mr. 5urnrnem: oflonfo��so, ssa�sm�ic :ci��. ww v.sa•. ;sseismic.com Per your request I have reviewed North American Emerald Mines' -Blasting Records, Blasting Procedures, Blasting Requirements and Vibration Monitoring at Permit No. 02-06, 'the. riasults are described below. Bit} stine Records The North American Emerald Mines' Blasting Records were feurd to b,: in ord:r necessary information needed for any type of post blast evaluation. The inibTrnatiop_ given in tl_3 blasting records are accurate and consistent with the type blasting conducted at this ;r_ Le. Bigaaping Procedures The blasting procedures at the Norto American Emerald Min, are designed to fors :: ;nate-iai. not break maternal. This is different from quarries anf. nonstnc'won. _"iris gyp. b:ast;:::t; larger patterns using fewer pounds of explosives per delay. The procedures used foss s= ,eey, storage, loading, warning signals, detonating and all clear signals, are consistent with :aose used in other types of mining in North Carolina. BIgsting iReguirements There are no blasting requirements that would exceer. `hose required by the scat;::; c < a,c ny agency. Vibrad0n. Mgnit0&z North American Emerald Mine is now monitoring the ground r.bretion and air over r:,ess r=_ at a distance of approximately 680 feet. This location is bstween te mining and thru ;;1w ^ >f'''- structure. This off -site structure is approximately 3000 feet from the mining. The presznt monitoring location is More than adequate to ensure the protection of the adjacent •rr�e t e laf trUMMAi ATVMA,CA CVA"44?W=W'/ CMnq.QK"C 1CU5YNe " VOINWIMIN 7TfLMI MV ItWAkc.a:; 206-392-2466 T,09 2466 3044BS&2455 704-504.0466 502.459.2466 613399*466 W":4tl26 M113.77i•4.75q North Carolina James D. Simons, P.G., P.E. Director and State Geologist July 19, 2005 e�� NCDENR Department of Environment and Natural Resources Division of Land Resources Certified Mail Return Receipt Requested 7003 1010 0003 5645 1457 Mr. James R. Hill, Chairman North American Emerald Mines, Inc. 531 Duncan Lane Hiddenite, North Carolina 28636 RE: North American Emerald Mine (Permit No. 02-06) Dear Mr. Hill: Michael F. Easley, Governor William G. Ross Jr., Secretary We have received a copy of a report dated July 11, 2005 from Sauls Seismic, Inc. in response to my letter of June 24, 2005 to Mr. James Summers. However, some issues remain outstanding. From our telephone conference call to Mr. Summers on June 22, 2005, we understand that you may no longer have all of the blasting records for blasts conducted under your management. However, we request the following clarifications or additional information. Do all records show that air blasts and ground vibrations have been within the limits of the permit? Please set out the limits and actual levels of the air blasts and vibrations. Overall, were the blasts consistently well within the limits (for example average of 50% of the limit, etc., barely within the limits, or scattered within the entire range? Are there any notations in the records within your possession indicating that weather conditions or other circumstances that may have caused the periodic complaints, even when the blasting measurements were well within the limits? 2. Do any of the records note the occurrence of flyrock beyond the immediate blast area, or beyond the guarded area? Where do the records note the occurrence of flyrock? 3. The July 11, 2005 report acknowledges that blasting for this mine is different from quarries and construction. Although the total poundage of explosives per delay required may be less, the possibility of flyrock exists. What guidelines for blast confinement are used for blasting in this case to prevent flyrock? Offsite Geological Survey • Land Quality • Geodetic Survey Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX: 919-715-8801 1 Internet: www.dlr.enr. state.nc.usldlr.htm An Equal Opportunity 1 Affirmative Acton Employer— 50% Recycled 110% Post Consumer Paper DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE TRANSFALSSION VERIFICAiiON REPOR- `. TIME NAME Nt;. DF.hlr: Di_R FA`; 9_9715?901 TEL 9i.9733^E'3' BUSY: BUSY/NO RESPONSE 07i19 14:10 918286357080 00:00:G0 F:H BUSY STANDAFD North Carolina Department of Environment and Natural Resources Division of Land Resources - Land Quality Section Mining Program 1612 Mail Service Center, Raleigh, North Carolina 27699 (919) 733-4574 Fa: (919) 715-9901 FAX COVER SHEET FAX NUMBER TRANSMITTED TO: (828) 635-7080 To: Mr. James K. Hill Of: �Tortl Ameri an Emeralds From: Floyd Williams RE: Permit #02- Date: 7/19/2005 C( $ b35 7 S, PLEASE TELEPHONE US IMMEDIATELY AT (919) 733-4574. *IF YOU DO NOT RECEIVE ALL PAGE 07/11/2005 11:07 e286357080 NFE, r'C WLial SEISMIC, INC. In reviewing the seismograph data, I found the readings to be accurate based on the given distance and pounds per delay. At the present time the vibration being produced by the b:tasrina is very low. With the type raining North American Emerald Nine is doin z and as 11. n_ e, s_ P.:' will continue to do, I do not foresee any significant incmase in these readings. his :)eirg the case I feel sure the mine can operate at a lower blasting limit, but without fuB understanding of the long range mining plan, I will not submit a recommendation at this time. Please call if you have questions or you require furtlter assistance in this matter. Sincerely, Sauls Seismic, Inc. Roger Reeder BAtMMAKA6 ARWA.C-A CHAFAflAWMWv! CWavir,sc 4GIEEtl134P bL IMIETN )3lO;:v:'2T.-! K'il1`.gl A NCDENK North Carolina Department of Environment and Natural Resources Division of Land Resources Michael F. Easley, Governor James D. Simons, P.G., P.E. William G. Ross Jr., Secretary Director and State Geologist June 24, 2005 5645 y444 Certified Mail ❑QU3 Return ReceintReouested '7pp3 y0113 7003 lolo 0003 5645 1440 Mr. Jaynes R. Summers, President/CEO North American Emerald Mines, Inc. 531 Duncan Lane Hiddenite, North Carolina 29636 RE: North American Emerald Mine (Permit No. 02-06) Dear Mr. Summers: This office has received complaints regarding North American Emerald Mines (NAEM) (Mining Permit # 02-06) mining activities in Alexander County. Photographs have been submitted to our office showing flyrock lying on the adjoining om Your properties, although i have not receded arived ea sea violation of your permit We are coported specific incidences of flyrock ncerned company. Flyrock beyond your guarprocedures at this mine dictate that the somewhat different nature of your miningto and nnsure the safety of neighboring persons and that special blasting requirements are necessary properties. Accordingly, please submit to this office within 30 days of receipt of this letter a report prepared by a qualified blasting consultant to cover the following items: Review all available blasting records and company blasting procedures, and 1. necessary to conduct mining blasting requirements for your company operations; 2. Submit a recommendation to this office of the lowest blasting limits under which the mine can operate; and provides the most accurate 3. verify that the location of the seismograph p readings to ensure the protection of the adjacent properties, or recommend a more suitable location. We ask that you give this matter your immediate attention. If you have any questions, please feel free to contact this office. g' rely, awes D. Simons, PG, PE cc: Doug Miller, PE Floyd Williams, PG Geological Survey • Land Quality • Geodetic Survey Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-3833 \ FAX: 919.715-8801 \ Internet: wvw+.dKe; r. %Post Consumer Paper htm An Equal opportunity \ Atrinnative Action Employer - 50% Recy North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. Mine Name: North American Emerald Mine 2. Mining permit #: 02-06 3. Operator: North American Emerald Mines, Inc. 4. County: Alexander 5. Address: 531 Duncan Lane Hiddenite, NC 28636; Atm. Mr. J. Ronald Summers 6. Pemrit expiration date: 3/15/10 7. Person(s) contacted at site: Ron Summers 8. Was mine operating at time of inspection? Yes: No: X 9. Pictures: Yes: X No: 10. Date last inspected: 4/18/05 11. Any mining since last inspection? Yes: X No: 12. Is the mine in compliance with the Operating Conditions of the permit? Yes: No: X If no, explain: O.C. #4A: Adequate mechanical barriers have not been provided beyond the overburden placed beyond the berm of the mine area just west of silt basin No. 2. Silt fence has been installed along the edge of the overburden since last inspection, but the device has not been properly installed. 13. Is the mine in compliance with the Reclamation Conditions of the permit? Yes: X No: If no, explain: 14. Did any of the above deficiencies result in offsite damage? Yes: No: X If yes, describe the type and severity of the damage: 15. Corrective measures needed and/or taken: 1.) Properly install the silt fence located at the edge of the overburden placed beyond the berm of the mine area just west of silt basin No. 2 by trenching the lower 6" to 8" of material below ground and backfilling with compacted soil. 16. Other recommendations and comments: During this inspection, an area of disturbance was noted on the Sulphur Springs tract adjacent to the South Yadkin River in the form of a graded road. This disturbance on non - bonded property would appear to be covered under exploration dig criteria pertinent to 3/9/05 memo in the mine file of telephone call from Judy Wehner addressing this type of activity. 17. Is the Annual Reclamation Report +/- map accurate? Yes: No: (explain) Not reviewed: X 18. Follow-up inspection needed? Yes: X No: Proposed date: 19. Number of additional pages of inspection report: 0 20. Copy of report sent to operator: 7/1/05 CIO Inspected by: Charles Gerstell Date: 6/29/05 Phone number: 704-663-1699 4\ • : , W-bENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, P.G., P.E. Director and State Geologist June 24, 2005 Certified Mail 5 6 4 5 1440 Return ReceiptReauested 7003 1010 0003 7003 1010 0003 5645 1440 Mr. James R. Summers, President/CEO North American Emerald Mines, Inc. 531 Duncan Lane Hiddenite, North Carolina 28636 RE: North American Emerald Mine (Permit No. 02-06) Dear Mr. Summers: Michael F. Easley, Governor William G. Ross Jr., Secretary This office has received complaints regarding North American Emerald Mines (NAEM) (Mining Permit # 02-06) mining activities in Alexander County. Photographs have been submitted to our office showing flyrock lying on the adjoining properties, although we have not received any reported specific incidences of flyrock from your company. Flyrock beyond your guarded area is a violation of your permit. We are concerned that the somewhat different nature of your mining and blasting procedures at this mine dictate that special blasting requirements are necessary to ensure the safety of neighboring persons and properties. Accordingly, please submit to this office within 30 days of receipt of this letter a report prepared by a qualified blasting consultant to cover the following items: 1. Review all available blasting records and company blasting procedures, and blasting requirements for your company necessary to conduct mining operations; 2. Submit a recommendation to this office of the lowest blasting limits under which the mine can operate; and 3. Verify that the location of the seismograph provides the most accurate readings to ensure the protection of the adjacent properties, or recommend a more suitable location. We ask that you give this matter your immediate attention. If you have any questions, please feel free to contact this office. S' rely, ames D. Simons, PG, PE cc: Doug Miller, PE Floyd Williams, PG Geological Survey - Land Quality • Geodetic Survey Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-3833 k FAX: 919-715-8801 k Internet: www.dir.enr. state.nc.us/dlr.htm An Equal Opportunity k Affirmative Action Employer— 50% Recycled k 10% Post Consumer Paper Business Corporation CD-479 (39) North Carolina Annual Report 9-0D. Name of Codporation: NORTH AMERICAN EMERALD MINES r INC Slate of Incorporallon: NC Fiscal Year Ending: Date Filed: 101301200'2 4.00 V Marshall I Elaine F. M of State North Carolina 228 00061 12-31-00 Monet 10eY / yl N Secretary of State Corp. ID Number: 561845742 ron to er ID Number, oratds Inlor federal Emp Y leass complete the entire 1Igle�liine 8ronly Hess core CheCa the boa end Comp gri ll. , jk, itthis is the Initial t 09 nreport 0 100118110lrt, Agent. J A M t 5 K has not Chang address 0 57 a f ( 36 f, pallistered agent & registered otlica malting MARK qrV S AXrTC j N C fiIDD SPP rn1 4471 Sul PN4R `a nty of registered ofirce county; ��•FXAN ��'e� S'Y 3, Street address 8 coude✓4 nature rsn.tltut roentte M. epppintrtanll 3. It registered agent changed, signature of new agent: P .O . BOX 57 28636 SP72LAC�HIDDDENI r NC q. Enter Orincipal,�ottu LdPq�e NG b�36 �il7',v� QT honer bef are: o g E to p ncipal of telephone 8oZ$ G 3 5 principal officers here: EAy 7— 8, Enter name, late and business address of p , 5 ntie: �FzSI� Name: 7 A M ES K. HIL c Address: F; o.8Ox S/ G otiV�3b �f I -Nrr�I N T'Ne. S py. ins. Name:Name: L� Addre55155G p/tTTFi Sod om fFi7D�'u1�'�, NC Z28G3` Title: i Name: Address: 7 Fl Brie1ry describe then of MII,4fI1VJG report must be completed by all corporations EM E1ZA Certification of annual rep 7-a nee R r 5ju) AM� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist June 24, 2005 William G. Ross Jr., Secretary Certified Mail Return ReceiptReaugsted 7003 1p10 0003 5645 14413 7003 1010 0003 56451440 Mr. James R Summers, President/CEO North American Emerald Mines, Inc. 531 Duncan Lane Ifiddenite, North Carolina 28636 RE: North American Emerald Mine (Permit No. 02-06) Dear Mr. Summers; This office has received complaints regarding North American Emerald Mines (NAEM) (Mining Permit # 02-06) mining activities in Alexander County. "Photographs have been submitted to our office showing flyrock lying on the adjoining properties, although we have not received any reported specific incidences of flyrock from your company. Flyrock beyond your guarded area is a violation of your permit. We are concerned that the somewhat different nature of your mining and blasting procedures at this mine dictate that special blasting requirements are necessary to ensure the safety of neighboring persons and properties. Accordingly, please submit to this office within 30 days of receipt of this letter a report prepared by a qualified blasting consultant to cover the following items: 1. Review all available blasting records and company blasting procedures, and blasting requirements for your company necessary to conduct mining operations; 2. Submit a recommendation to this office of the lowest blasting limits under which the mine can operate; and 3. Verify that the location.of the seismograph provides the most accurate readings to ensure the protection of the adjacent properties, or recommend a more suitable location. We ask that you give this matter your immediate attention. If you have any questions, please feel free to contact this office. S' rely, ames D. Simons, PG, PE cc: Doug Miller, PE Floyd Williams, PG Geological Survey • Land Quality - Geodetic Survey . Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX: 919-715-8801 1 Internet www.dlr.enr. state.nc.us/dir.htm An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper State of North Carolina Department of the Secretary of State ARTICLES OF AMENDMENT BUSINESS CORPORATION Date Filed: 11/21/2003 10:25:00 A Elaine F. Marshall North Carolina Secretary of Stat C200332400262 Pursuant to §55-10-06 of the General Statutes of North Carolina, the undersigned corporation hereby submits the following Articles of Amendment for the purpose of amending its Articles of Incorporation. 1. The name of the corporation is: North American Emerald Mines, Inc. 2. The text of each amendment adopted is as follows (State below at- attach): BE IT FURTHER RESOLVED, that paragraph 2 in the Articles of Incorporation dated .luly 26, 1993 should be amended to read as follows:."1'he number of shares the corporation is authorized to issue is ten million (10,000,000)" 3. if an amendment provides for an exchange, reclassification, or cancellation of issued shares, provisions for implementing the amendment, if not contained in the amendment itself, are as follows: N/A 4. The date of adoption of each amendment was as follows:_ March 76 7003 5. (Check either a, b, c, or d, whichever is applicable) a. The amendmeni(s) was (were) duly adopted by the incorporators prior to the issuance of shares. b._The amendmen:(s) was (were) duly adopted by the board of directors prior to the issuance of shares. C._The amendmem(s) was (were) duly adopted by the board of directors without shareholder action as shareholder action was not required because (set forth a briefexplanation of why shareholder action was not required.) d. _X_The amendment(s) was (were) approved by shareholder action, and such shareholder approval was obtained as required by Chapter 55 of the North Carolina General Statutes. CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 (Revised January 2002) (Form B-02) ARTICLES OF AMENDMENT Page 2 6. These articles will be effective upon filing, unless a delayed time and date is specified: This the 20`t' day of November. 2003. r ype or rnnt tvame ana I Me \OTES: I. Piling fee is $50. This document and one exactor conformed copy of these articles must be filed with the Secretary of State. CORPORATIONS DIVISION P. O. BOX 29622 (Revised January 2002) RALEIGH, NC rris -0 (Foorm B-02) i North Carolina Department of —�" Environment & Natural Resources NCDENRDivision of Land Resources — Land Quality Section 1612 Mail Service Center, Raleigh, NC 27699-1612 Phone (919) 733-4574 Fax (919) 733-2876 Facsimile Date: Phone No: Fax No: 7' - Q 1) FROM: F7/o ; �,,,ti, Extension: COMMENTS: H You should be receiving page(s) including cover sheet. If you do not receive all pages, please contact sender. Producing the Finest Quality Emeralds & Gemstones in North America June 14, 2005 Francis M. Nevils, Jr., P.E. Section Chief, Land Quality Section Sediment Control, Mining & Dam Safety 512 North Salisbury Street, Room 519 1612 Mail Center Raleigh, NC 27601 Dear Mr. Nevils, North American Emerald Mines has become aware of a possible regulatory violation on the property of Sulpher Springs Properties LLC, in Alexander County, NC. Sulpher Springs Properties recently documentation in responsebrought oour request on Tuesday, June our attention and provided2005. the attached North American Emerald Mines did not authorize this work and only found out about this having occurred when Jamie Hill and Lynn Hill, the managing member of Sulpher Springs Properties brought it to our attention. Sincerely, James R. Summers President / CEO Attachments cc: without attachments: r,.-& k+ Reef Ivey, NAEM Co Jeff Christian, CFO Lynn Hill, Managing 1 william Duncan, SSP nrn la "W—V A. 531 D office:828-635- 080 ♦ Fax 828- 35-7 80 2863 316 StlC.%F, LOAF LANE TA11 ORSV'Il4 NC 28681 (800) 337-1551 (828) 632.9678 (828) 532-0052-FAX March 8, 2005 Ms. Lynn S. Hill, Managing Member Sulphur Springs Properties, LLC P.C. Box 1591 Mowing Rock, NC 28505 Mr, and Mrs. William B. Duncan Opp Cascade Drive H,gh Point, NC 27285 RE: Environmental Report: Sulphur Springs Properties(NAEM Lease- 80+ Acres, I iddenits Dear Lynn, Shirley and Sill: At your request, on February 11, 2005, i Joined Ed Hinson, Attorney, Jay Parkinson, A omey, Michael Cookson, former IdAEM sub -contract or and Lynn Hill to investigate oomplainti about environmental damage resulting from the construction of a road leading dust Greasy f -ask and the South Yadkin River to the wateriv. As you know, several years ago, Environmen Al Forestry Services improved and widened the original, existing road to the waterfall, as well as i enlitied endangered plant and true species in the area. So, I am very familiar with the subject rea. Although my Investigation was very brief, i noted areas where the land, watershed, riv r and creek are being negatively impacted. Most serious is the area long the South Yadkin i nd Greasy Creek. ''hose strearns are included in the Cstairbs. River Basin. These water source, are classified by the Environmental Management Commission as WS-IIHOWCA. The reg lations for this classification are extensive and detailed. The section governing this ofassification And the entire nearly 504-sage document ran be viewed on the Commission's wabsita. For the purpose of this report, ! will focus on the two areas where the property Is out a compliance. The first, and most immediately obvious violation, is an Alexander Count ordinance tire; requires a thirty -toot minllmunt buffer to protect the South Yadkin giver and the trill Aaries feading the Over. Please note that the South Yadkin River is a major source of water Ili r Alexander County. The water processing plant is downstream in Stony Point. This site Ation Is shown in "Exhibit A"• a photo showing road construction to the water,` edge The second area of vlolat on deals with North Carolina law making It Illegal to discharg i sediment into a stream. "Exhibit BO, clearly shows sediment build up in the river. There are saw ral locatlons where -sedimentation has occurred as a result of the non-compliance with re iulations during road construction. Exhibits A, S. G, D,E,F,G illustrate the following: 1-j No catch basins installed 2.) No silt fences installed OB-'10i2006 07:53 FAX CP}f GROUP 3.) Bare soli -no vegetation reestablished 4..) Unstable raw vetn!cal cuts 5.) Construction to streams' edge 6.) Fill around mature trees -may kill trees 7.) Destruction of native and endangered plants B.) Felled trees, bushes and other debris en river's edges, banks and roe iside 9.) Aesthethicaliy unsightly area These problems need to be addressed as soon as possible before detection by the w ious regulatory agencies, particularly NCDEHNR. The penalties for some of these viclatior ; run from $500 to $5,000 Pei day. It is to your advantage to oocomplish the Olean -up and comp ante without the pressures of fines or penalties. Whan these problems are corrected, I rec mmend that a long-tann environmental plan be developed and implemented. Please feel tree to contact me for further information on the report and what is require to bring this beautiful property into compliance. cordially yours. Shawn Cox, ISA-CA Environmental Forestry Services, Inc- C.C.: jay Parkinson, Attorney -at -Law Ed Hinson, Attorney -at -Law Encl. Z 08 ern NCDENR North Carolina Department of Environment & Natural Resources Division of Land Resources — Land Quality Section 1612 Mail Service Center, Raleigh, NC 37699-161: Phone (919) 733-3574 Fax (919) M-2376 Facsimile Date: 7 TO: Phone No: Fax No: 14�7 — bO�'J C� Q>'--O I FROLM: = Q +) C Extension: COiVD ENTTS: btrprI You should be receiving pages) including cover sheet. If you do not receive all panes, lease contact sender. � = �nili"r��. ' 1, �. '� ..�[ '�.� ,+..r ._ .. .ie . �r s c� t: s '' q��� "'��.n14 _, ) 1 .... y ti, i �-� ' Y :y � � ` � i1 �-'- o t Yzg � ' tr AF { xi ti ," y� 1 _- • J: x 1 , , , y, ,� ��. I`, <. T :; x .., � � ::-: ! . ^�% i; , j r y ,�( r' _ `. ,; :; �. i . f� �.t � i • � ��, r. i - � ` ��,\1� � �b fi �� . ry_ + �1 f •. \ � � � ` \ � v �r � ��11 k 3 'C� i r � ._� j ( ���.. �� �yy�,� I 11 t ���� T--f. ! � • ��{A h �Ito ' �!' e��l��R�� ``! ,� '--� w i � •'� y yy"AA l�l Y� _ ..� ti��k'.r` wr '; .:. ! � ;;, -�W +i. . ± y r!�R+,zy�+� , '� � _ ' ':� � � at- Tfi'. � a,�r. _'�` � `r j S" •j�':✓ty ,�� w�-y,., ;. �.ThW" � ft v • � ��� ;1 'ate' � 'M1 ,L4 3 - i A. �Y: A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, P.G., P.E. Michael F. Easley, Govemor Director and State Geologist June 24, 2005 William G. Ross Jr., Secretary Certified Mail Return Receipt Requested 7003 1010 0003 5645 1440 Mr. James R. Summers, President/CEO North American Emerald Mines, Inc. 531 Duncan Lane Hiddenite, North Carolina 28636 RE: North American Emerald Mine (Permit No. 02-'06) Dear Mr. Summers: This office has received complaints regarding North American Emerald Mines (NAEM) (Mining Permit # 02-06) mining activities in Alexander County. Photographs have been submitted to our office showing flyrock lying on the adjoining properties, although we have not received any reported specific incidences of flyrock from your company. Flyrock beyond your guarded area is a violation of your permit. We are concerned that the somewhat different nature of your mining and blasting procedures at this mine dictate that special blasting requirements are necessary to -ensure the safety of neighboring persons and properties. Accordingly, please submit to this office within 30 days of receipt of this letter a report prepared by a qualified blasting consultant to cover the following items: 1. Review all available blasting records and company blasting procedures, and blasting requirements for your company necessary to conduct mining operations; 2. Submit a recommendation to this office of the lowest blasting limits under which the mine can operate; and 3. Verify that the location of the seismograph provides the most accurate readings to ensure the protection of the adjacent properties, or recommend a more suitable location. We ask that you give this matter your immediate attention. If you have any questions, please feel free to contact this office. S p'eyrely, ames D. Simons, PG, PE cc: Doug Miller, PE Floyd Williams, PG Geological Survey • Land Quality • Geodetic Survey Division of Land Resources • W2 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-3833 \ FAX: 919-715-8801 \ Internet: www.dlr.enr. state.nc.us/dlr.htm An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper 05/03/2005 15:14 8286357080 NAEM Producing the Finest Quality Emeralds & Gemstones in North America FAX COVE ►A� at a TO: AWN: FATE: FAX A �7 E: The infamyion carievred in this Tacsimile taa�r%.. as�A in any ecamqun:��tg dkr:umei*t:. wa�itotes infotmatim which ketong m Naeh Anw*ican Emadd Mines, ia0. This mfcm Wion 3s B�en2cd ��ly fi7r dre ur: oft%: individual or entity named above. If you me nW ffis 6acardcd recipnait bf tltis iafaprrlBQi�[I, ion ire hmat>y tt0�i'tsd that racy d=scfe:�tn<. copying, d9shibation or the g=ia8 offfiy Aaron in Nia� on this inPotmaeian, a atriaty txohitdted. Ifym hour. received G9ls eoalinanlearion 7n error, plcax immrsdiatc nptilY us by tdephoae, end rctum dxc ori�nas naesmYF shone vla4"•e U.S. Postal .`;er<+;ca 531 Duncan Lane f ffiddenite, North Carolina 7%36 Office: 828-635-8080 + Pau: 828-E35-70M 05/03/2005 NAEM F 15:14 8286357080 � Map of Hiddenite, NC by MapQuest Page 1 of 2 fm aLocw �Lne teats - M, P---)Q E,`%Ts L4 Maps Print I E-HaLil I Sen-d to Phone I PDA I Revise i New Nao I Directions To or Directions From Hiddenite, NC 28636-8365, US - Hiddenite Hotel Offers - Hiddenite Flight Offers Find Nearby: (e.g., Theaters) Or I Top Categories Search MAogvEST 0°d904mfk x 3� t: y 4Q p a .i� `s $h grQt 4n � Shnrpr to ar v 2V05 .a0m Inca Q 205 GOT. kw + Get Directions To - Above Location Address or Intersection City State/Prov. 206M lIN Y J J J J J —j ii ZOOM OUT i) hrb Search Hiddenit MapQuest Sear Hiddenite offers Hiddenite Hotels Hiddenite Insurance Hiddenite Schools Hiddenite Fli hts North Carolina Vacatir Hiddenite Homes North Carolina HomeE Hiddenite New Cars North Carolina Resort Hiddenite Apartments Hiddenite Jobs Hiddenite Real Estate http://www.mapquest.com/mapslmap.adp?country=US&addtohistory=&formtype=address... 4/6/2005 NCDENR MRO Fax:7046636040 Apr 13 2005 14:54 P.02 Parcel Print Page 1 of 2 [� �Parcel Print Display Parcellnf t' orma on Account Number 0901268 Sequence Number 12982 Map Number H_7A Lot Number Owner Name BROWN SOHN M & OTHERS Owner Mailing Address 230 R STE F City, State CHARLOTTE NC Zip Code 28227 Deed Book / Page / Date 043521842002 Description SR 1492 Total Value $349,500.00 Acres 134 Register of Deeds Search for Deeds 0615 00001,31) 0073 813G 000E „/'' 0013€ 0012 0013y. 000E 00156 0014A 003 AE O0 0007 0015A 10 013H 0092 0013;J 0 00129 012A 0011 0452A 0001 2a62 0025 00211 0022 0002 :10002E 0002F ;0W2 0402A d d.r,�1.— tl419 0002E ( tm05 4Q93E 0022A 0014 0 http://maps.co.alexander.ne.us/sdx/pareelprint.htm 10/26/2004 Alexander County, NC Property Record Card Page I of I JACK B WOOTEN Co 84 7 BUFFALO SHOALS RD 52AXF,S-VX.LL-E_-N-Q 622 585 6 0 8 L99 99 5 VACANT QQQO 1 5 4�66.0() CREEK . . .-I-I...., _Qa_ j_a 9,0 1 -.- i ---- 1 12 00 03 02 01 FA UFA NONE FB UFB -C; . ....... BE OP IWO ..... . . ....... I ---- OR 51.130 WS .60 13300 51.130 7/1992 -00468 207000 Format Card For p - ntin R/F OTHR .09 .79 5125 207 207 1/31/ http://Maps.co.a'exander.Ile.us/cgi-bin/al"ander/CreatePRC-2,pl?recNum-61 812 4/6/2005 petition Subject: petition From: "Gary Herman" <taylorsvilletimes@taylorsvilletimes.com> Date: Mon, 20 Dec 2004 12:13:33 -0500 To: <F1oyd.Williams@ncmail.net> Mr. Williams, I am requesting information about a petition filed by several people in Alexander County regarding the North American Emerald Mines' application to expand its blasting area to 94+ acres. Any forms you may have or information you could send me would be greatly appreciated. I left a voice mail on your phone system, but if You could provide a few quotes and some pertinent information in a return e-mail, that would hopefully suffice. Sorry for the bother, but I do appreciate your help! Sincerely, Gary Herman The Taylorsville Times 828-632-2532 � /0 ko� P"''`-c3-` Sri% f, ly2 a lsa W G l3rYw,/O i�.pc�yG7eA A ss`` J 21 z�Irj4 W.4�t4s So k-// ,SAS ✓/%`tv^ l / / %" a > CI. C�4 ,Qhs 4q 1 of 1 12/20/2004 2:39 PM North Carolina Michael F. Easley, Governor oepartmenNCDEN— tand North American Emerald Mines, Inc. Attention: Mr. J. Ronald Summers 531 Duncan Lane Hiddenite, North Carolina 28636 Natural Resources William G- Ross Jr DIVISION OF LAND Secre LAND QUALITY SECTIONCES September 9, 2004 RE: North American Emerald Mine (Permit #02-06) Dear Mr. Summers: Alexander County, N. C. Attached is a copy of our report site for which our records show p rt documentin g an Provisions is North Carolina General Statute 74_56 l he inspection Lionwrecently conducted at a you to be responsible. The inspection was Performed mine Miningtined under the Please review the re Act of 1971. the inspector. view port carefully and note an required to correct an deficiencies that mase note a y problems or deficiencies documented by y y recommendations and/or specific corrective actions y be listed. The responsibility for understanding and complying with mining permit and the Act lies with you. the terns and conditions of Your Please do not hesitate attached report. to contact this office if You have any questions concerning the Your cooperation is appreciated. Sincerely, ahid S. Khan Attachment Asst. Regional Engineer cc: Floyd Williams, pc, _Mining Specialist 919 N@n Street, Mooresville, North Carolina 28115 Phone: 704.663.16991 FAX: 40 Eqoa' 704-663.6040 I Internet: www.enr.state.nc.us 0PpOrtunrcy; Affirmative Action Employer- 50 °% Recycled 110 °/ P ° ost Consumer Paper "..,,per �1, i J w.� �R,. Elaine F. Marshall Lr.rHrc i lvjjt:jN ! OFTHE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807.2225 Corporations •Corporations Home 'Important Notice *Corporate Forms/Fees *Corporations FAQ 'Tobacco Manufacturers *Verify Certification 'Online Annual Reports Links *Secretary Of State Home •Business License *Register for E-Procurement 'Dept. of Revenue Legislation •1999 Senate Bills •2001 Bill Summaries *Annual Reports 1997 'Corporations 1997 *Other Legislation Search •By Corporate Name *For New Corporation *By Registered Agent Online Orders *Start An Order •New Payment Procedures Click here to: Date: 10/26/2004 View Document Filings 1 Print a pre -populated Annual Report Form I File an Annual Report I Corporation Names Name Name Type NC NORTH AMERICAN EMERALD MINES, INC. Legal Business Corporation Information SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent 0328502 Current -Active 7/29/1993 Domestic NC Perpetual Hill Jr, James K 471 Sulpher Spring Rd. Hiddenite NC 28636 P.O. Box 57 Hiddenite NC 28636-0057 No Address 471 Sulpher Spring Rd. Hiddenite NC 28636 For questions or comments about the North Carolina Secretary of state 's web site, please send e-mail to Webmaster. For questions or comments concerning the Corporations Division, please send e-mail to Corporations Administrator Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Click here for help downloading forms. 1 of 1 10/26/2004 1:43 PM Entity Names For http://I.secretary.state.nc.us/Corporations/soskb/( North Carolina DEPARTMENTOF THE secretary r A a • 1 TE •' Corporations •Corporations Home •Important Notice "Corporate Forms/Fees 'Corporations FAQ "Tobacco Manufacturers 'Verify Certification *Online Annual Reports Links *Secretary Of State Home *Business License "Register for E-Procurement *Dept. of Revenue Legislation •1999 Senate Bills •2001 Bill Summaries •Annual Reports 1997 "Corporations 1997 'Other Legislation Search "By Corporate Name •For New Corporation *By Registered Agent Online Orders *Start An Order •New Payment Procedures Click here to: Date: 10/26/2004 View Document Filings 1 Print a pre -populated Annual Report Form I File an Annual Report I Corporation Names Name Name Type NC NORTH AMERICAN EMERALD MINES, INC. Legal Business Corporation Information SOSID: 0328502 Status: Current -Active Date Formed: 7/29/1993 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Hill Jr, James K 471 Sulpher Spring Rd. Hiddenite NC 28636 P.O. Box 57 Hiddenite NC 28636-0057 No Address 471 Sulpher Spring Rd. Hiddenite NC 28636 questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. For questions or comments concerning the Corporations Division, please send e-mail to corporations Administrator Click here for help downloading forms. of 1 10/26/2004 1:43 PM 3 f ` xw (IQ y n ~ n M N O } rt a } r. r` ! y w o y o n a' O a w a �xngoncasr^Hc o1 Fr 1 CpR'x»gCpHx�S `S. �y^g`C 0� ,amy o.a TO �v^ nsa °n NGaC Ow O7 O^C. 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G C n 5 c w.� n'c CR5 Tw b w oon n n❑ I v ,n. $ 5�o B ov5 wCL no nc'b 0" OQ o ro tr aG b no n W O CL Pb Fn^ O TRANSMISSION VERIFICATION REPORT TIME : 12/02/2004 14:46 NAME : NC DENR DLR FAX : 9197158801 TEL : 9197333833 SER. # : xxxxx ==:rx DATEJIME FAX NO./NAME 12/02 12/02 14:42 DURATION 66 PAGES? 10:04:16 RESULT 17 OK MODE STANDARD ECM + o North Carolina Department of Environment and Natural Resources Division of Land Resources - Land Quality Section Mining Program 1612 Mail Service Center, Raleigh, North Carolina 27699 (919)733-4574 Fax: (919) 715-8801 FAX COVER SHEET FAX NUMBER TRANSMITTED TO: To: Of: From: RE: Date: ;Id V COMMENTS: GL •IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT (919) 733-4574. � A e a e ma s farm aeaCaryl that m be ea Orth d ,Is of green gold? pVus, d,$ le wapramMENsTonnNaE fief IgEwILLtAMS cause he likes to S9 P WOES WITHOUT GLOVES,b athecoldweight ertip an Shaggy" aE MIt EE athis fing sed pahtl• e red earth his callow he looks like feelth treasure in energy, old, of prospective Of syuirrelly eis38years lanky>full t],em both haired, around in ud, d a f hgo0a d her,h a dSyedigging in divorced a" It e th,Nortb The Emerald Hunter Finding this size and quality in the United States is like hitting oil in midtown Manhattan. This cal- iber of emerald simply is not sup- posed to happen here. If you want good emerald you go to Zambia, Brazil, Colombia. Colombia alone accounts for roughly 60 percent of an annual global yield that is too small to fill up the shallow end of a swimming pool. ow Hill believes he is on the trail to the mother lode, and he is digging for it in the foothills of North Carolina's Brushy Mountains. If he is right and there is a reservoir of premium emerald in his Faulknerian postage stamp of native soil (Hiddenite, pop. 1703), it could give him —a guy who dropped out of college to become a treasure hunter, of all things —the singular power to make the United States an Before & After -A cut emerald can be worth ten times more than a rough gem. unlikely new player in an ancient world trade. Hiddenite is about an hour's drive northwest of Charlotte, off a two- lane highway that runs through a scrappy landscape of chicken houses, cow pastures, trailer parks and rac- coon road kill. It's all sitting on some of the most baffling geology on the planet. To oversimplify, sometime between 100 million and 600 million years ago, as tectonic plates shifted and the earth cracked, pressurized mineral waters and gases rose in streams from the deep. They cooled and crystal- lized along fault lines and fissures. If streams containing beryl (a com- mon, colorless mineral) ran across rocks containing the coloring agent chromium, the result was emerald. Quartz and mica usually wound up in the mix, along with a yellow limonite and clay mixture that comes off on the fingers like pollen. 143 So wheO the abandoned came up for auction Rtst Min had little co in 1996, Hill this rnPetition. "Buy this and and this and this," he told his mother and grandmother, Who had been looking to Purchase parkland tract onto the area. to marked tract after the until he had he had worn ragged had lad acres of forest. A gravel road leads there, to a clearing among the poplars and oaks. The miner stands on a bluff and e looks out ----� on the land that will oc_ Pie c him for thee of his life. IT pie CO nothing here eo and say, `Why, it amt n° g but a bunch bunch of rock; it don't °f dirt, a mg to me,"' he sa s. " like not' like ever Y But to me, it And what if theg.' treasure the elusive buried ure isn't there, I ask. Jamie Hill draws hard on his cigarette, flicks it, "p sparks flying into the twilight. s there,- he says. "It's there.,' JHADOW OF A GIANTMy daughter's eighth grade history class ] visit to our nation's capital. Unfortun greatly enthused Panned a aboutatri ately she was not educational" to be fua. P that she considered too However, on their return, 7 how she and her clwas pleased to hear assmates had been filled with awe and emotion as they gazed at the Washington "To thin Monument. Forrest G k p oma she marveled. "We were standingright where I stoo —Conrribured b y ANN W9LRgR A VOUCH OF GRACE Traveling rnwith arn in China Chi ese couple.on and I shared a sleeping corn art h ur i Chinese words, so co y spoke no English a hour into the trip, nversation was i nd We Aherspcakingfohafewemancalledso mpossible—until an wife, who also spoke into it. meone on his cell phone. Then ton, passed the phone to his the phone. Feelingrather Foolish, I said Y surprise, she attheotherend Hello' handed me lish. I told was the couple's dau lato it. Th herabou ghterw The person Lion to her t us and our trip, and she who spoke perfect Eng- parents. How delightful that relayed the informa- teach us such a lesson about Chinese a sim le P phone call could graciousness. —Conrribured by MA V RrSN MACRAy 145 Producing the Finest Quality Emeralds & Gemstones in L�" North America October 19, 2004 OC Land Department of Environ Quality Section mental and Natural Resources N Division of Land Resources 1612 Mail ServiceOtj�3� �lt7bnb Raleigh, NC 27699-7612 Center ���1 ATTENTION: �� ��� Ms. Judith A Wehner Assistant State Mining Specialist RE: Permit # 02-06 North American Emerald Mines Alexander County Yadkin River Basin Dear Ms. Wehner: Please find e owners of o enclosed a "gqn-� le" our intent to increase letter that was sent to the with your recommend ase the permitted acre adloining land recommendation. age in accord I have also e once enclosed the "certified mail" receipts. Please advise on any further modification. actions required by us to secure the mining Since^re!„ Ron Summers,n Preside North America nt Emerald Mines, Inc. 531 Duncan Lane ♦ Hiddenite, Office: 828_635-8080 Fa N82g Carolina 28636 635-708p Producing the Finest Quality Emeralds & Gemstones in North America Certified Mail Return Receipt Requested October 8, 2004 SAMPLE RE: Permit No. 02-06 North American Emerald Mines, Inc. Alexander County Yadkin River Basin Dear Mr. Brown: This is to notify you that NAEM, Inc. has formally applied through the North Carolina Department of Environment and Natural Resources in Raleigh to increase the company's permitted mining acreage to 94.6 acres. This is a strategic decision only that will facilitate the approval process to secure the use of future land for mining purposes. At this time we do not foresee any change in our current mining plans. Sincerely, J. Ronald Summers, President and CEO North American Emerald Mines, Inc. 531 Duncan Lane® Hiddenite, North Carolina 28636 n ■ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse C, so that we can return the card to you. ■ Attach this card to the back of the mailpiece, X or on the front if space permits. IX 1. Article Addressed to: OV 0 3Z� VAOIS LYE %1r &O, k( " 2&&3(0 It 7awly) 11 S. ,Date oC elivery �/I 0 IWh get n o,�,�ro«Pa ❑ Yes H No 3. Service Type — Cer ified Mail ❑ Express Mail `❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7003 2260 0007 6157 6080 I (transfer from service label) I PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-14241 I , ■ Complete items 1, 2, and 3. Also complete A. Received by (Please Print Clearly) S. Dateof/Delivery item 4 if Restricted Delivery is desired. N b I ■ Print your name and address on the reverse C. Signature so that we can return the card to you. p Agent ■ Attach this card to the back of the mailpiece, X dr ❑Addressee j or on the front if space permits. D. Is delivery addrejApifferent from Rem 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No VDu'f& D-Z� V,f n S O+v-r\ 1p-Me .y-oj S Flo, b04 LC)& g 2. Article Number (Transfer from service label) PS Form 3811, March 2001 3. Service Type k Cer ifed Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Edre Fae) ❑ Yes I 7003 2260 0007 6157 6042 Domestic Return Receipt ■ Complete items 1, 2, and S. Also complete Rem 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: '513'F-1 .1 5 `- K t�'rs�r � n'361+ U[ U'Z"(anfl, nc 29613 2. Article Number (rmmlar from service label) PS Form 3811, March 2001 A Receivedy (Please Print Clearly) S. Date of Delivery /y C. Si90aWK D. Is delivery addrO6 different from Item 19 U_ Yew o If YES, an,fdolivery address below: I 3. Service Type I ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Edna Fee) ❑ Yes 7003 2260 0007 6157 6066 Domestic Return Receipt 102595A1-M-1424' t6j�'-' ■ Complete items 1, 2, and 3. Also item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse SO that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space narma. I. Article Addressedto: Mi,adhl1 Fr Offtun I�'Ugl�c ❑ Express Mail ❑ Return Receipt for Merchandise 2. Article Number- """""4O1 uenveryl (5rtra Feel ❑ Yes (transfer font seMos labeq 7003 2260 0007 6157 6097 March 2001 Domestic Return PS Form 3811, Receipt 102595- "--- 01-M;1424 ■ Complete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 47IY�J�-Kllc� (�K.��c�(l(�KlY1 3H fnAcfcdanlA *mo)IC" IC Zk� A. Received by (Please Print Clearly) I B. Date of Delivery ❑ Agent X 11 ❑ Addre D. Is deliv different from Reem 1? ❑ Yes R Y,E3, enter deliv aifdress below: ❑ No � C 3. Service Type') ❑ Certified Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Fife Fee) ❑ Yes 2- Article Number 7003 2260 0007 6157 6073 i (trans/er from service /abeQ _.. ___ ——_.._--._.-_-.__ ___ _ __ PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 ■ Complete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 8u� gofialIswa A. Weyecl by (Pleas Plat Cleary) I B. Date of Delivery . C. ❑ Agent r-1 nda.e�em D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No S. Service Type Certified Mail ❑ Express Mail Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (transfer from service label) 7003 2260 0007 6157 6059 PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 10I'�j�6ij L a� TRANSMISSION VERIFICATION REPORT TIME : 08/27/2004 08:47 NAME : NC DENR DLR FAX : 9197158801 TEL : 9197333833 SER.# : xxxxxxxxxxxx DATEJIME 08/27 08:45 FAX NO./NAME 88286357080 DURATION 00:02:13 PAGE(S) 04 RESULT OK MODE STANDARD North Carolina Department of Environment and Natural Resources Division of Land Resources - Land Quality Section dining Program 1612 Mail Service Center, Raleigh, North Carolina 27699 (919)733-4574 Fax:(919) 715-8801 FAX COVER SHEET FAX NI MBER TR.�NSM=D TO: To: Of: From: RE: F'U.Vuw(n IL4tiJ Date: �Il a ! I d COMMENTS: *IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT (9I9) 733-4574. TRANSMISSION VERIFICATION REPORT TIME : 09/02/2004 10:12 NAME : NC DENR DLR FAX : 9197158801 TEL : 9197333833 SER.* : xxxxxxxxxxxx DATEJIME 09/02 10:11 FAX NO./NAME 87046636040 DURATION 00:00:51 PAGE(S) 03 RESULT OK MODE STANDARD North Carolina Department of Environment and Natural Resources Division of Land Resources - Land Qualitv Section Mining Program 1612 Mail Service Center, Raleigh, North Carolina 27699 (919) 733-4574 Fax:(919) 715-8801 FAX COVER SHEET FAX vUN1BER TRANSMITTED TO: To: From: r RE: Date: LG�c/G4/. `IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US INIMEDIATELY AT (919) 733-4574. Certified Mail Mr. Summers Page 2 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, ?ud�ith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosure cc: Mr. Doug Miller, PE /North American Emerald Mines Subject: North Amencan Emerald Mines From: Charles Gerstell <Charles.Gerstell@ncmail Date: Wed, 08 Sep 2004 16:30:58 -0400 .net> To: Michael Landis <Michael.Landis@ncmail.net> CC: Judy.WehneT@ncniail.net Mike, A recent inspection of North American Emerald County found work beyond the approved permit limits. also Mines in Alexander noted on site which A crusher was mining is being used to crush area. stone removed from the I am referring this operator needs or has a permit to you as it is undetermined if the crusher. from the Division of Air It also It for the Please appeared that some material had already been crushed. matter. You need any addtional inform Charles anon regarding this Charles Gerstell - Charles.Gerstell@ncmail.net %TITLE$ North Car 1' o ina Dept. of Div. of Land Resources 919 N. Main St. Mooresville, NC 28115 Ph: (704) 663-1699 Environment & Natural Resources Land Quality Section Fax: (704) 663-6040 Charles Gerstell <Charles.Gerstell ncmail.net> %TITLE% NC DENR - Mooresville Div. of Land Resources - Land Quality Section of I 9/10/2004 11:08 AM North Carolina James D. Simons, PG, PE Director and State Geologist Certified ail Return Receipt R_ e_g_ u_ ested ©7,� NCDENR Department of Environment and Division of Land Resources Land Quality Section 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: July 19, 2004 Natural Resources Michael F. Easley, Goverr William G. Ross Jr., Secret �002 3y50 Z093 ?�53 4381 We have reviewed the application your company submitted for the above referenced mine site. However, the following information is needed to continue processing your application for the above referenced mine site. As per the Director of the Division of Land Resources, please re -notify (including return receipt from certified mail) all of the adjoining landowners of your intent to increase the permitted acreage to34.6 acres. The notifications on file indicate only an increase of 14 acres. I have enclosed a Notice form for your use. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity I Affirmative Action Employer-50% Recycled 110% Post consumer Paper North Carolina James D. Simons, PG, PE Director and State Geologist Certified Mail Return Receipt Requested A r NCDENR Department of Environment and Natural Resources Division of Land Resources Mr. J. Ronald Summers North American Emerald Mines 531 Duncan Lane Hiddenite, North Carolina 28636 Re: North American Emerald Mine Mining Permit No. 02-06 Alexander County Yadkin River Basin Dear Mr. Summers: Land Quality Section Michael F. Easley, Governor William G. Ross Jr., Secretary June 16, 2004 7002 3150 0003 7053 3414 The review has been completed on the modification request your company submitted for the above referenced mine site. However, the following is needed to continue processing your application: The reclamation bond was calculated for this site using the information submitted in the application request. The reclamation bond for this site has been calculated to be $59,000.00. The calculation worksheet is enclosed for your review and the bond or balance ($500.00) will be required prior to approval of this modification. For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., North American Emerald Mines, Inc. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. Please be advised that the modification request cannot be completed until the new bond amount has been received. As required by G.S. 74-51 (h), you are hereby advised that. you have 60 days from the date of your receipt of this letter to submit the reclamation bond. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. 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 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper / 1r .APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED .ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of 3500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please in, err the anar2rimare roved n t, . AFFECTED CATEGORY ACREAGE RECLA,NIATION RECLAMATION COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /><,'D/Ac. = $ ` &C. CG Stockpiles: 15 Ac. X S %ar'i'- /Ac. = $ `I N '' I (`i Wastepiles: _/. % Ac. X S :ICi6 /Ac. = $ ?. C c co Processing Area/Haul Roads: Ac. X $ 101V/Ac. = $ Mine Excavation: ` Ac. X $ .d0 d /Ac. = $ ! 3 4C( C.�, Other: P , Ac. X $ — /Ac. = $ TOTAL AFFECTED AC.: LE. II Ac. ( TOTAL PERMITTED AC.: ') Y- k_ Ac.) Temnoran� & Permanent Sedimentation 8 Erosion Control Measures* Divtde the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage --- Ac. b) Positive Drainage !J Ac. X $1,500.00 =$- <�tot>f',CT- Inflation SUBTOTAL COST: $_•�(=1 `� ` _ OC Factor: 0.02 X SUBTOTAL COST:. $ "0 , CC \ � X Permit Life (1 to )10 years): INFLATION COST: $--!:�C`i C, ':r'. TOTAL COST = SUBTOTAL COST + INFLATION COST = $ J ` ','7 C [, Total Reclamation Bond Cost: $ (round down to the nearest $100-00) -14- 1� ?v.t l C mil"+.CI, MINING CHECKLIST FOR ROUTING Applicant's Name: Nrn u} d, � roject Name:ol; Applic./Permit No.: Q? County: Date Received: 5 Reviewer: River Basin Name: __,p/ ❑ Ne ❑Renewal ❑ Modification (inside permit boundaries) odification (outside permit boundaries ❑ Partial Releasadditional Information e ) ❑ Transfer ❑ Release ❑Fee Received: $❑ Fee Needed: $_ __ �?CO'Onal nli a ion n +�Office Office Mining Application Review Checklist" t loneo .plete copies; attach the "LQ5 Regional "Mining Application Review Form" to the other co rc py and attach � the DWQ and DAQ copy, send both copies to the Regional Engineer) ❑ Division of Water Resources Dam' Routed Rec'd ❑ NC Wildlife Resources Commission Date. Routed _ — -- Date: Routed Rec'd ---- El US Fish & Wildlife Service Date: Routed Rec'd _ (Only new applications and modRecd ificationreciuests that add land tothe � ' n�- Permit) ❑ Division of Parks & R ❑ NC Geological Suecreation ry Date: Routed Rec'd ey Section Date: RoutedRcc� (Only new applications and modification requests that add la he permit) ❑Division of Archives & History Date: (Only new applications) Routed Rec'd El Other. �— Date: Routed � Rec'd _ **5u5pen!5e Date for Comments: from receipt) (no later than 25 days Please note the following: eroaucing the Finest Quality Emeralds & Gemstones in North America May 18, 2004 Judith A.Wehner North Carolina Department of Environmental and Natural Resources Assistant State Mining Specialist Land Quality Section Dear Ms. Wehner: RL•CE D MAY �11404 In accordance with our recent phone conversation and per your instructions, I have enclosed the signed receipt from the certified mail sent to Mr. David P. Sprinkle advising him of our intentions to expand the current mining site. We are continuing to work with Peoples Bank in Hiddenite to effect the additional bond for $500 and expect to complete this paperwork shortly. Please advise if there is any further information you require of NAEM to complete this mining permit modification. Thank you, J. Ronald Summers, President and CEO attachment 531 Duncan Lane ♦ Hiddenite, North Carolina 28636 Office:828-635-8080 ♦ Fax:828-635-7080 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 April 7, 2004 Certified Mail Return Receipt Requested Michael F. Easley, Governor William G. Ross Jr., Secretary 7002 0860 0006 5833 6965 Mr. James K. Hill, Jr. North American Emerald Mines, Inc. PO Box 57 Hiddenite. North Carolina 28636 RE: North American Emerald Mine Permit No. 02-06 Alexander County Yadkin River Basin Dear Mr. Hill: We have reviewed the modification request and additional information your company submitted for the above referenced mine site. However, the following information is needed to continue processing your application: Please provide proof, such as copies of the signed receipts from certified mail, that Mr. David P. Sprinkle has been notified of your modification request. Please find enclosed a notification form for your use. The reclamation bond has been calculated using the information submitted in the application. The reclamation bond for this site would be $59,000.00. The calculation worksheet is enclosed for your review and the new bond or balance ($500.00) will be required prior to approval of this request. For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., North American Emerald Mines, Inc. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE .AND BOND The following bond calculation worktheet is to be used to establish an appropriate bond (based upon a range of $500 to S5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the DepartmentPt7oto be affected during the life of the mining permit. Pleare rmvrr the annmrimnro r_ CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds: f GJ Ac. Stockpiles: � , Ac. Wastepiles: Z. T. Ac. Processing Area/Haul Roads: -2. 3_ Ac. Mine Excavation: (- ,-9 Ac. Other: FJ2? Ac. TOTAL AFFECTED AC.: 1.j . Ac. ( TOTAL PERMITTED AC.: !Y- 4= Ac.) RECLAMATION COST/ACRE* X /Ac. X /Ac. X $ /Ac. X $ ��� 4_ /Ac. X $ CLL' " /Ac. RECLAMATION COST _ $-> I-> i _ $ . CC{� Cp X $ — /Ac. = $ Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage b) Positive Drainage 0.02 X SUBTOTAL COST:. $1,500.00 = $y� SUBTOTAL COST: Permit Life (i o)10 years): INFLATION COST: $ P TOTAL COST = SUBTOTAL COST + INFLATION COST = Ac. Ac. X $ 50, H. e,GC X Total Reclamation Bond Cost: (round down to the nearest $106.00) i American Emerald 02-06 Subject: North American Emerald 02-06 From: Doug Miller <Doug.Miller@ncmail.net> Date: Wed, 24 Mar 2004 14:50:48 -0500 To: Judy Wehner <Judy.Wehner@ncmail.net> No further comments 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 Doug Miller <Doug.Miller(a)ncmail.net> NC DENR - Mooresville 1 Div. of Land Resources - Land Quality Section 1 of 1 3/24/2004 4:29 PN r MINING CHECKLIST FOR ROUTING Applicant's Name: �� jay �,,r, , , project Name: 1jqVP4,r '612 %r/20 Applic./Permit No.:: /09&County: h— Date Received: Reviewer: River Basin Name: ❑ New ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑ Additional Information ❑ Fee Needed: $ ❑ Fee Received: $ PJeAX=Z* en'a ion�ackaQrRegional Office (2 complete copies; attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach berth the DWQ and DAQ "Mining Application Review Form" to the other copy; send both copi s t the R ' nal Engineer) Date: Routed C ec'd ❑ Qivioion of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd / - Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route firs Q ,y of theapplication and ny loration rria �� t� ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑ Other: Date: Routed Rec'd "51-15pe1`16e Date for Comments: (no later than 25 days from receipt) / f ❑ Please note the following: AfPtiv ---*7 WN;t y, rrrr s Wetland and Natural Resource Consultants, Inc. ,. WNR, Inc. Project# NAEM-1000-AlexanderCounty North American Emerald Mines c/o Hidden Crystal Inn Attn: Mr. James Hill, Jr. PO Box 57 Hiddenite, North Carolina 28636 Re: Endangered Species Report Alexander County Property (+/- 15 acres) Hiddenite, Alexander County, North Carolina Dear Mr. Hall: JI! r + MAR g 2004 tff I t At your request, on February 26, 2004, Jennifer Robertson of WNR Consultants, Inc. performed a pedestrian survey of the Alexander County property off SR 1491 to look for threatened and endangered species (TES) that could potentially occur on the subject property. Prior to the fieldwork, records in Raleigh were search for potential known locations of any natural resources that may be mapped within a four mile radius of the Alexander County property. METHODS A search of the US Fish and Wildlife Service (US FWS) website (www.fws.gov) and the North Carolina Natural Heritage Program (NC NHP)website (www.ncsparks.net/nhp/county.html) found two currently listed animal species and two historically listed animal species for that area (Alexander County): Big -eared Bat (Corynorhinus refinesquii), a federal species of concern and state threatened species (historic record for county); Bald Eagle (Haliaeetus leucocephalus), a federal threatened species proposed for de -listing and state threatened species (current record for county); Bog Turtle (Glyptemys muhlenbergii), a federal and state threatened species (current record for county); and Seep Mudalia (Leptoxis dilatata), a federal threatened species and state significantly rare species (historic record for county). The Bog Turtle (Glyptemys muhlenbergii) is also listed more specifically for the Hiddenite quad. The records in Raleigh at the North Carolina Natural Heritage Program office were also searched for the Alexander quad. The Bog Turtle was not documented within four miles of the mining property. Actually, none of the animal species were documented within four miles of the mining property on the Hiddenite quadrangle. Newton Office PO Box 224 Newton, NC 28658 828�465�3035 828�465"3050 Fax www.wnrinc,com Clyde Office 217 Paragon Parkway, #142 Clyde, NC, 28721 828-627�0051 828"627&0052 Fax www,wndnc.com The same website search resulted in two currently listed plant species and one historically listed plant species for Alexander County: Keever's Bristle -Moss (Orthotrichum keeverae), a federal species of concern and state endangered species (current record for county); Dwarf -flowered Heartleaf (Hexastylis noniflora), a federal and state threatened species (current record for county); and Torrey's Mountain -Mint (Pycnanthemum torrei), a federal species of concern and state significantly rare throughout species. The records for listed plants were also searched in Raleigh for the Hiddenite quad. One of these species, Keever's Bristle -Moss, was documented as occurring within the Hiddenite quad but not within four miles of the mining property. Supporting information obtained from the US FWS and NC NH websites are attached in Tables I and 2 for your reference. This information includes Alexander County and Hiddenite quad search results, suitable habitat descriptions, and an explanation of the codes. USGS topographical maps and aerial photographs are also attached. Also included within this report are representative photographs of the existing conditions on site. FINDINGS The mining site field search yielded no specimens of any of the threatened and/or endangered animals or plants. The site has been previously disturbed in areas with improvements such as roads in connection with the existing mining operation. The existing habitats on site are either fields or Virginia pine stands. There is really no suitable habitat on site for any of the animal or plant threatened or endangered species (see Tables I and 2). No big -eared bats were observed and are not expected to use this site because there are no old buildings or caves within the existing mine area. This area is nearly barren of trees which would provide habitat for the bats. No bald eagles were observed and are not expected to use this site because of the lack of nearby large bodies of open water. The bog turtle is the only animal species listed for the more specific Hiddenite quad. However, there are no streams or wetlands or ponds on the property which are essential for this animal. This site sits up on the top of a large hill. No seep mudalias were observed and once again are not expected to use this site because they are found within New River drainages. The big -eared bat and seep mudalia are historic listings for Alexander County which indicates that no specimens have been observed for more than twenty years. No Keever's bristle -moss was observed and is not expected to occur on the site because there are no granitic domes or outcrops present. No dwarf -flowered heartleaf was observed and is also not expected to occur due to the lack of deciduous forests on slopes. The area adjacent to the site along the unnamed tributary to the South Yadkin River where appropriate habitat does exist was walked earlier but no specimens were observed. The last species is a historic record for the county once again indicating that it has not been observed for more than twenty years. To summarize the existing conditions on site, the two roadsides are well maintained by North American Emerald Mines; the fields are being used for stockpile storage areas; and the forested areas are dominated by Virginia pine which do not allow for much diversity in the understory of the forest. There are some existing houses on the dirt road coming in to the site and an existing mining operation adjacent to the site. In summary, this site does not provide any appropriate habitat for the two currently listed potential animal species and the two currently listed potential plant species of the listed threatened and endangered species. It is highly unlikely that any occur on or use the site due to the fact that none were observed during the field search and that the appropriate habitat areas are not present. Please call with any questions that you may have, or to discuss the information within this report further. Best regards, Jennifer Robertson Ecologist WNR, Inc. Copies sent to: NCDENR Division of Land Resources — Mining Program Attn: MS Judy Wehner 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Mr. Carroll Williams, PE 4840 North Center Street Hickory, North Carolina 28601 ,l � G s 41 (156 � Yi ry?^ . . Rosa 6 I+ �♦ .`-` �i a c �ni `(,�`! I '- �!2 p uE61Hid4ent#.e / �I N �',_\ i� /$•� �O�II (. �. '~� .f! � C\� �'��~'J `TvankM1 r 7' Vd : HIDDENITE Location: 035' 54' 49.86" N 081' 04' 22.26" W NameCaption: North American Emerald Mines Date: : HID Scale: t inch equals 2000 feet Alexander County North Carolina WNR, Inc. Job # NAEM-1000 merican Emerald Mine Property ° lip Name: HIDDENITE Location: 035° 54' 50.70" N 081 ° 04' 21.53" W Date: 3/4/2004 Caption: North American Emerald Mines Scale: 1 inch equals 400 feet Alexander County, North Carolina WNR, Inc. # NAEM-1000