09-05_2_Redacted

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E.
Director and State Geologist
May 19, 2003
Mr. Perry Merritt
Merritt Brothers
8906 NC Hwy 41 E
White Lake, NC 28337
RE: Permit No. 09-05
Merritt Brothers Mine
Bladen County
Cape Fear River Basin
Dear Mr. Merritt:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Your application for renewal of the above referenced mining permit has been approved.
A copy of the renewed permit is enclosed. The new expiration date is May 19, 2013.
The conditions in the permit renewal were based primarily upon the initial application.
Modifications were made as indicated by the renewal request and as required to insure
compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the
following conditions where minor additions or changes were made to the permit: Operating
Condition Nos. 1 B, 2A, 3A, 4A, 413, 4D, 4E, 5, 9, and 10A through 1 OD, and Reclamation
Condition Nos. 2A, 2B, 2D, and 3.
As a reminder, your permitted acreage at this site is 36.45 acres and the amount of land
you are approved to disturb is 29.85 acres, which now includes the haul road utilized for
mining activities.
The reclamation bond was calculated for this site using the information submitted on the
renewal application request. The reclamation bond for this site has been calculated to be
$18,400,00. Currently on file with the Land Quality Section, you have a $25,000.00
Assignment of Savings Account. If you wish to decrease the current reclamation bond on file,
please contact Ms. Kristin Moyle, Assistant State Mining Specialist, at the number below. The
calculation worksheet is enclosed for your review.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: . [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal opportunity 1 Affirmative Action Employer - 50%P Recycled 110% Post Consumer Paper

Mr. Merritt •
Page 2
Please review the renewed permit and advise this office at [phone] should you
have any questions concerning this matter.
Sincerely,
Tracy E. vis, P.E., C.P.M.
State Mining Specialist
Land Quality Section
TED/km
Enclosures
CC" Mr. Gerald Lee
Ms. Shannon Deaton-WRC, w/enclosures
Mr. Bradley Bennett-DWQ, w/enclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o 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:
Perry Merritt, Jr., dba Merritt Brothers
Merritt Brothers Mine
Bladen County - Permit No. 09-05
for the operation of a
Sand 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: May 19, 2013

. 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. Altematively 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.
Expiration Date
This permit shall be effective from the date of its issuance until May 19, 2013.
Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 7446, 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 300 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. A riprap and gravel horseshoe filter shall be installed and maintained at the pit
end of the 12-inch culvert located in the southwest corner of the permit area. A
sediment storage pit shall be excavated upstream of the horseshoe filter and
maintained sufficient to significantly increase the sediment control storage
capacity upstream of said filter.
C. All drainage from the affected area around the mine excavation shall be diverted
internal to said excavation.
D. Mining activities shall be conducted as indicated on the mine map surveyed
March 31, 1993.
E. No mine dewatering activities shall occur at this site.
5. All mining permit boundaries (36.45 acres) shall be permanently marked at the site on
100-foot intervals unless the line of sight allows for larger spacing intervals.

i Page 4
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.
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. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9. Sufficient buffer (minimum of 20 foot unexcavated) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
10. 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:

Page 5
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.
11. 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.
12. 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 or any approved revision to it.
Approval to implement such changes must be obtained from the Department prior to on -
site implementation of the revisions.
13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $25,000.00
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.
14. 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
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum_ Standards As Provided By G.S. 74-53
The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS. -
Provided further, and subject to the Reclamation schedule, the planned reclamation
shall be to restore the mine excavation to a lake area and to grade and revegetate the
adjacent disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.

• ! Page 7
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water line.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall
be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Condition Nos. 10.A.
through D.
E. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the following:
Permanent Seeding Specifications
Dates Species Rate, Lbs/Acre
February 15 - April 1 Kobe Lespedeza 10
Bahiagrass 50
Redtop 1
Winter rye (grain) 15
April 1 - July 31 Common Bermuda 50
August 1 - October 25 Lespedeza (unscarified) 30
German millet 40
October 25 - February 15 Rye (grain- temporary) 120
Soil Amendments
Lime: 2000 Ibslacre or follow recommendations from a soil test.
Fertilizer: 1000 Ibslacre B-B-B or 10-10-10, or follow recommendations from a soil
test.
Mulch: All seeded areas shall be mulched using small grain straw at a rate of
2000 Ibslacre and anchored appropriately.

9 Page 8
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:
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 April 30, 1993, is hereby renewed this 19th day of May 2003
pursuant to G.S. 74-52,
By:
James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Merritt Brothers 2. MINING PERMIT # 09-05
3. OPERATOR . Merritt Brothers Construction Attn: Perry Merritt 4. COUNTY Bladen
5. ADDRESS 8906 NC HWY._41 East White Lake, NC 28337
6. PERMIT EXPIRATION DATE 05/19/2013 7. RIVER BASIN _ _ Cape Fear
8. Person(s) contacted at site No one
9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ❑ Yes ® No
11. Date last inspected: 02/24/2009 12. Any mining since last inspection? ® Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No
If no, explain:
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ 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:
None
17. Other recommendations and comments:
I. Mark boundary limits of mine at 100ft intervals or down line of site.
2. Continue to reclaim mined areas as mining progresses and grade all slopes to 3/1 at and to water line and 211 at and
below water line.
18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed
19. Follow-up inspection needed? ® Yes ❑ No Proposed date 09/23/2010
20. No. of additional pages of Inspection Report 0 21. Copy of Report sent to operator 09/24/2009
INSPECTED BY: Eric Matuszewski DATE 09/23/2009
Telephone No: [phone]
Copy to file Copy to operator oy to Miming Specialist

�l

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 $500 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 insert_the anproxrmare, acaaace fat
AFFECTED
RECLAMATION
RECLAMATION
CATEGORY
ACREAGE
COST/ACRE*
COST
Tailings/Sediment Ponds:
Ac.
X
$
/Ac.
= $
Stockpiles:
J Ac.
X
$
/Ac.
= $
Wastepiles:
Ac.
X
$
/Ac.
_ $
Processing Area/Haul Roads:
�J 5
�� A c.
X
$ �►
$��
/Ac.
_
$
Mine Excavation: �S a C'-�
a Ac.
X
$ 5D�
/Ac.
= $ 00
Other: ""�°"' Ac. X $ /Ac.
TOTAL AFFECTED AC.: Ac.
r
( TOTAL PERMITTED AC.: 3 G .y 5Ac.) _ Co2 q S # 0.3 S� • Cn
TeMporary & Permanent Sedimentation _&_Erosion Control Meaures_
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 ��, &5 Ac.
b) Positive Drainage Ac. X $1,500.00 = $••,�
SUBTOTAL COST: $ 5 i 330
Inflation .E c�=
0.02 X SUBTOTAL COST: $ 5+g� r X Permit Life (1 to 10 years):
INFLATION COST: $._r_ , O 1P
o-o _
TOTAL COST = SUBTOTAL COST + INFLATION COST
Total Reclamation Band Cost: $
(round down to the nearest $100.00)
1 •
14

f�
Queryl
Permit No# Mine Name Owner Statu:Totai Acres PermitBonded Acre; Bond Amount Bond Type
09-05 MERRITT BROTHERS MIN MERRITT BROTHER A 36.1 $25,000.00 A01
Page 1
5/12103

LVINVA
MAY 1 3 2003
NCDENR
North Carolina Department of Environment an, d-Natural Resources
Division of land Resources
Land Quality Section
James D. Simons, P.G., P.E.
Director and Slate Geologist
MEMOiZANI UNI
April 15, 2003
Michael F, Easley, Governor
William G. Ross Jr., Secretary
Mr. Bennett Wynne
Habitat Conservation Program Coordinator /v(J (•�!
Wildhile Resources Commission del
ey
FROM: Susan B. Edwards,
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Renewal Request for Merritt Brothers
Merritt Brothers. Mine -Permit No. 09-05
Blade» County ' : ,
Pleasc find attached for your.review a copy of the mining permit renewal request for the
above referenced project.
Please review this information and advise as to the piobability of this operation having
unduly adverse elTect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by
May 5, 2003 .4o that we may complete our review of this request within our statutory time limits.
AS is the arse in our review of all mining permit applications, renewals and
modifications. this office will carefully review all proposed erosion and sediment control
measures to cusure that they are sufficient to restrain erosion and off -site sedimentation.
However, ally comillents your rgency can provide regarding effects on wildlife and Freshwater
fisheries would he greally appreciated:, if your staff wishes to pertbrm a site inspection, it is
1•a:Lornnic ncied that they contact the person submitting this=request to setup'a convenient date and
(ime. Also, Release send a copy �f ypur�comments to the,pe'rson noted in the application.
R111,TURN ALL j11'1'1-,ICA'1'1()NrNIk'I'ERIALS?ANI) M-�&PS�WIT1-1tYClUR12LVi11W
Y- .r' �, :�Y'.-
Your e:otrtinued COOpetapoi 4�'ii 6 WU� , �.ol rl �1 ques[SA :greatly appreciated.
11CIISC c011111Ct Nis. Kristtn°Mo;l Q a�Sr( 19) 7331,45 tljf i+iy v any:questloris.
ltil.il'.
,' ' :€ ' is L � ; * ;,: � t � : � •. f
1612 Mail Seivice Center, Raleigh, North Carolina 27699'1612 -919-733-45141 FAX: [phone]
512 North Salisbury Street, Raleigh, North 'Carotina, 27604
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
• r �? t

Log In #: ��l
DPR/RRS Mining Permit Application Review
RRS Contact: S-m %
Name of project:4-esnn'A-Os AA i ^ - e d -4 09—(DS
County:
Proposed activity is is not within 5 miles of a public park or recreat' arga.r �5
bo,�cL o
Ak Nib rn ��� 5 �P V [� �rp� wl to (3r lts
If yes, identify the park: 'Qkii-, co Vaj—
Manager/agency name: '&ADEA) Co� PAPrs� G � "�""'u� i� 44 w�
(contact name): �o�� �"�u�
(phone; fax): �)Qtv• 8f�c�-fv7?G (Pjg1U' �Z•G7?�
(email):
Review conducted by: 0-1-14ADate:
PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS.
YOU CAN ALSO EMAIL YOUR COMMENTS TO:
Susan.Edwards(R,ncmail.net and Nancv.Adams@.ncmail.net
THANKS!
Return form and materials to:
Nancy Adams
DENR/Division of Parks & Recreation
1615 MSC
(Please Print on YTftw Paper)

[Fwd: Merritt Brothers Mine Permit Renewal 09-0510
Subject: [Fwd: Merritt Brothers Mine Permit Renewal 09-051
Date: Tue, 06 May 2003 08:25:57 -0400
From: Gerald Lee <[e-mail]>
Organization: NC Dept. of Environment and Natural Resources
To: Kristin Moyle <[e-mail]>,
Judy Wehner <[e-mail]>
Subject: Merritt Brothers Mine Permit Renewal 09-05
Date: Mon, 05 May 2003 18:18:47 -0400
From: Kenny McMillan <[e-mail]>
Organization: NC Dept. of Environment and Natural Resources
To: Gerald Lee <[e-mail]>
Gerald,
The renewal is the same as the previous permit (acreage, measures,
buffers). These should still be adequate for the site. The Air Quality
review of the permit indicated that no air permit is required. The Water
Quality review of the permit indicated that a NPDES Permit would be
required.
Kenny
1 of 1 5/6/2003 8:40 AM

•
•
A7A.
NCDENR
North Carolina Department of Environment and
Division of Water Resources
Michael F. Easley, Governor
April 21, 2003
MEIMQRANDUM
TO: Ms. Susan B. Edwards
Mining Program Secretary
Land Quality Section
FROM: Blake Rouse �j�' T
Water Allocation Section
Division of Water Resources
Natural Resources
William G. Ross Jr., Secretary
John N. Morris, Director
l� APR 2 2 M03
1 * €
n>_ qR
OIJt,I_ITY
SUBJECT: Mining Permit Renewal Request for: Merritt Brothers
Merritt Brothers Mine - Permit No. 09-05
Bladen County
Please find attached a copy of the mining permit renewal request for the
above referenced project.
Merritt Brothers Mine located in Bladen County should not have an
unduly adverse effect on ground water supplies.
Any water withdrawal will be subject to North Carolina General Statute
143-215.22H; Registration of Water Withdrawals and Transfers Required. Any
person who withdraws in one day 100,000 gallons (70 gpm) or more of surface
water or ground water in North Carolina is required to register the withdrawal
with the Division of Water Resources. A Central Coastal Plain Capacity Use
Area permit must be obtained from the Division of Water Resources if the
withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret,
Craven, Duplin, Edgeeombe, Greene, Jones, Lenoir, Martin, Onslow, Pamlico,
Pitt, Washington, Wayne, or Wilson County.
If you have further questions please contact the Division of Water
Resources at [phone] or send correspondence to 1611 Mail Service
Center, Raleigh NC 27699-1611.
1611 Mail Service Center, Raleigh, North Carolina 27699-1611
Phone: [phone] FAX: [phone] Internet: www.ncwater.org
An Equal OpportunitylAFfirmative Action Employer-50% Recycled\] 0% Post Consumer Paper

MINING CHECKLIST FOR ROUTING
Applicant's Name: mf-ryi- ro v5 Project Name: t�rYi' BVA-Lvs
Applic./Fermat No.. County: AOl Date Re
ce
ive
d.. --43
ff
Reviewer: Y'S� ►'\, It River [3asin Name: C O02 rta-r
❑ New Renewal ❑ Modification (inside permit boundaries)
❑ Modificat on (outside permit boundaries) ❑ Transfer ❑ Release
❑ partial Release o Additional Information ❑ Fee Needed: $ �s
J2o
Fee Received: $ -.1 4v "yo— c,' .--OKU owt. 4,z j) Qr Kwc
}-,.. ��O
Regional Office (2 complete copies; a ac a Tonal
Office Mining Application Review Checklist" to one copy and attach b2th th WC and
"Mining Application Review Form" to the other copy; Send both copies to the egional Engineer)
Date: Routed - Rec'd
VD iviolon of Water ReSource5 Date: Routed Rec'd
VNC Wildlife ReSource5 Commission Date: Routed Rec'd
❑ U5 Fish & Wildlife Service Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
. <:
please route first 3 nage5 of the application and any location mans to: .
KRivioion of Parks & Recreation Date: Routed Rec'd
9 ey
❑ NC Geological 5ury 5ection Date: Routed ec'd
(Only new applications and modification requests that add land to the permit)
❑ Divloion of Archives & History '. Date: Routed I Rec'd
(Only new applications)
❑ Other: Date: Routed Rec'd
"Suopemoe" Date for Comments: 5 J- k3 (no•iater than 25 days
from receipt)
VPleaoc note the following:
7:d,.15�..)���.lY'�ithx.s..:.,.f�!'rL�...f..rj9-��,i�l:t:,:"z;:�'YTs.r_:ti�'�..t
` h

acres.. n....,.. ow:
.11409-04014.lill
~` Hyr+,to '1�1
3
moll ,
JAI''
a
A

_ 0 •
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E.
Director and State Geologist
Mr. Perry Merritt
Merritt Brothers
8906 NC Highway 41 East
White Lake, NC 28337
RE: Mining Permit No. 09-05
Merritt Brothers Mine
Bladen County
Dear Mr. Merritt:
April 15, 2003
Michael F. Easley, Governor
William G. Ross Jr., Secretary
We are in receipt of your mining permit renewal request for the Merritt Brothers Mine in
Bladen County (Permit No. 09-05). A renewal to your mining permit will require the
submittal of a nonrefundable $500.00 processing fee. We are returning the check
submitted with your renewal request for $750.00 (check number 25050). It is requested
that you submit a check in the amount of $500.00 for processing your renewal
application.
We regret that we cannot complete processing the above materials until we have received
the necessary fee as authorized by the 1990 North Carolina General Assembly in G.S.
14313-290 and as set forth in the fee schedule adopted by the North Carolina Mining
Commission 15A NCAC 513.0012. We will continue processing the paperwork but
cannot complete the renewal until this office has received the appropriate fee.
Please remit by check or money order $500.00 payable to the North Carolina
Department of Environment and Natural Resources. DO NOT SEND CASH.
Payments should be mailed to:
Attention: Ms. Kristin Moyle
Assistant Mining Specialist
Land Quality Section
NC Department of Environment & Natural Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Full payment must be received by this office within 30 days or your materials will be
returned unprocessed.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 I FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal CpporluMy 1 Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper

Mr. Perry Merritt
April 15, 2003
Page 2
A copy of the fee schedule as adopted by the North Carolina Mining Commission is
attached. The section pertaining to the materials that you have submitted has been
highlighted. See the fee schedule for further explanation. If you have any additional
questions, please contact our office at [phone].
Thank you for your cooperation.
Sincerely,
r
Susan B. Edwards
Land Quality Section
/SBE
Enclosures: Check Number 25050

MERRPI'I' BROTFiERB-FARM
v 8906 i ivVi 42 EAST 910.588-4801 ' -
_
PAY TO THE
ORDER OF
rv-
00 Z -
0
BankofAmeMca.
ACH - 053000190
FOR M
— --- 2. -
DATE"
DoiAxs
•
6

AT, i`t,
NCDENR
North Carolina Department of Environment and Natural
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E.
Director and State Geologist April 15, 2003
MEMORANDUM
TO: Mr. Bennett Wynne
Habitat Conservation Program Coordinator
Wildlife Resources Commission
FROM: Susan B. Edwards It
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Renewal Request for Merritt Brothers
Merritt Brothers Mine - Permit No. 09-05
Bladen County
Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Please find attached for your review a copy of the mining permit renewal request for the
above referenced project.
Please review this information and advise as to the probability of this operation having
unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by
May 5, 2003 so that we may complete our review of this request within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off -site sedimentation.
However, any comments your agency can provide regarding effects on wildlife and freshwater
fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is
recommended that they contact the person submitting this request to set up a convenient date and
time. Also, please send a copy of your comments to the person noted in the application.
RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW
COMMENTS TO THIS OFFICE.
Your continued cooperation in the review of these type requests is greatly appreciated.
Please contact Ms. Kristin Moyle at [phone] if you have any questions.
/SBE
Attachments
cc: Mr. Gerald Lee
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

• 7 •
NCDENR.
North Carolina Department of Environment and Natural
Division of Land Resources
Land Quality Section
James D. Simons, P,G., P.E.
Director and State Geologist April 15, 2003
MEMORANDUM
TO: Mr. Nat Wilson
Hydrogeology Group
Division of Water Resources
FROM: Susan B. Edwards 9t/
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Renewal Request for Merritt Brothers
Merritt Brothers Mine - Permit No. 09-05
Bladen County
Resources
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
Please find attached for your review a copy of the mining permit renewal request for the
above referenced project.
Please review this information and advise as to the probability of this operation having an
unduly adverse effect on potable groundwater supplies (G.S. 74-51 (2)) or groundwater quality
(G.S. 74-51(3)). Please respond by May 5, 2003 so that we may complete our review of this
request within our statutory time limits.
Any comments your agency can provide regarding potential effects on potable
groundwater supplies and groundwater quality will be appreciated. We would like to have any
recommendations you may provide for permit conditions, for reasonable protection of
groundwater quantity or quality.
If your staff wishes to perform a site inspection, it is recommended that they contact the
person submitting this request to set up a convenient date and time. Also, please send a copy of
your comments to the person noted in the application.
PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Moyle at
[phone] if you have any questions.
/SBE
Attachments
cc: Mr. Gerald Lee
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 I FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1 to% Post Consumer Paper

Ai - MA
NCDENR
North Carolina Department of Environment and
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E.
Director and State Geologist April 15, 2003
MEMORANDUM
TO: Mr. Phillip McKnelly, Director
Division of Parks_ and Recreation
FROM: Susan B. Edward`s, Mining Program Secretary
Land Quality Section
Natural Resources
SUBJECT. Mining Permit Renewal Request for Merritt Brothers
Merritt Brothers Mine - Permit No. 09-05
Biaden County
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Please find attached for your review a copy of the first three pages of the mining permit
renewal request and a location map for the above referenced project.
Please review this information and advise as to the probability of this operation having a
significantly adverse effect on the purposes of a publicly owned park, forest or recreation area
(G.S. 74-51 (5)). Please respond by May -5, 2003 so that we may complete our review of this
request within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and
modifications, this office will carefully review all proposed erosion and sediment control
measures to ensure that they are sufficient to restrain erosion and off -site sedimentation.
However, any comments your agency can provide regarding effects on publicly owned parks,
forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site
inspection, it is recommended that they contact the person submitting this request to set up a
convenient date and time. Also, please send a copy of your comments to the person noted in the.
application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR
REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation in the review of these type requests is greatly appreciated.
Please contact Ms. Kristin Moyle at [phone] if you have any questions.
/SBE
Attachments
cc: Ivlr. Gerald Lee
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 I FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer -- 50% Recycled 1 10% Post Consumer Paper

MERRITT BROTHERS
Telephone [phone]
Fax [phone]
8906 MAZY 41 E
WHITE LAKE, NC 28337
TO: TRACEY DAVIS- NC DEPT OF ENVIROMENT
FROM: DONNA BURTON- MERRITT BROTHERS
SUBJECT: MINING PERMINT RENEWAL
DATE: 3/31 /03
ENCLOSED IS A RENEWAL APPLICATION FOR A MINING PERMIT FOR
MINE NAME, MERRITT BROTHERS. OUR MINING PERMIT NUMBER IS
09-05. WE WOULD LIKE TO APPLY FOR A RENEWAL OF 10 YEARS.
THE NUMBER TO CONTACT US IS 910-588-4801.
THANK YOU,
DONNA BURTON, SECRETARY
MERRITT BROTHERS

•
NORTH CAROLINA MINING
PERMIT APPLICATION
State of North Carolina
Department of Environment
and Natural Resources
Division of Land Resources
Land Quality Section
N O R T H O A R O L! N A
W�C��
11110
P R O O R A M
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
[phone]
Revised 4/2002

I
NOTE:
It is recommended that you contact the appropriate
Regional Office (see Regional Office listing in the back
of this booklet) or the Raleigh Central Office for a
PRE -APPLICATION MEETING

MINING PERMIT APPLICATION REVIEW
PROCESS FLOWCHART
BEGINNING OF PROCESS
Application received by Land Quality Section/
State Mining Specialist Applicant issues
Public Notice
Application assigned to
Assistant State Mining Specialist
Assistant State Mining Specialist/Program Secretary
routes application for review and comment
- U.S. Fish & Wildlife Service
- N. C. Geological Survey
- Wildlife Resources Commission
- Division of Water Resources
- Division of Archives & History
- Division of Parks & Recreation
- Others as appropriate
*All application review comments forwarded to
Assistant State Mining Specialist
Is application complete?
If "YES", Assistant State Mining
Specialist drafts the proposed
permit action
- Land Quality Section Regional Office
- Division of Air Quality
- Division of Water Quality
................................ %
Review Public Comments;
Public Hearing Possible
..............................
If "NO", Assistant State Mining
Specialist drafts a Ietter requesting
additional information from applicant
Additional information from applicant
received and routed to/reviewed by
Assistant State Mining Specialist and
Land Quality Section Regional Office
(go to*)

Ipplication & proposed permit actiol
reviewed by State Mining Specialist
Is application &
proposed permit action
complete/acceptable??
If "Yes", the following permit actions
are issued by the State Mining Specialist:
- Draft Permits
- Permit Transfers/Name Changes
- Bond Substitution slCancellations
- Permit Releases
- Inactive Renewals
- High Airblast Remediation Plans
- Non -controversial New Permits
- Non -controversial Renewals
- Small, Non -controversial Modifications
END OF PROCESS
If "YES", application & proposed
permit action forwarded to and
reviewed by Division Director
Is application &
proposed permit action
complete/acceptable??
I If "YES", the proposed permit action is
issued by the Division Director
END OF PROCESS
If "No", application & proposed
permit action returned to Assistant
State Mining Specialist for revision
(go to *)
For other permit actions, if "Yes",
application & proposed permit action
forwarded to and reviewed by Land
Quality Section Chief
Is application &
proposed permit action
complete/ acceptable??
If "NO", application & proposed permit
action returned to State Mining Specialist/
Assistant State Mining Specialist for revision
(go to *)
If "NO", application & proposed permit
action returned to Section Chief/State Mining
Specialist for revision
(go to *)

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine Y� r I1� C° lr County )QLn
River Basine4X. F32aa Latitude(dd.mm.ss) Longitude (dd.mm.ss)
2. Name of Applicant* m r r 3.L-Ah N rs r V r r i ->�-
3. Permanent address for receipt of official mail**_ 89 Uo E, _
A1 � e Ln V-& N L a 9 3 3 I
Telephone C�) S 2 9— H g D I
4. Mine Office
5. Mine Manager
MC �Aw
L
We hereby certify that all details contained in this Permit Application are true and correct to the best of
our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit
revocation.
)ate 313116
* This will be the name that the mining permit will be issued to and the name that MUst he indicated on th
reclamation bond (security) that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or telephone number.
*** Signature of company officer required.
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt
of a e application or, if a public hearing is held, within 30 days following the hearing and the filing of
any supp emen information required by the Department. All questions must be addressed and all required
maps provided before this application can be considered complete. Attach additional sheets as needed.

k
I
•

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STAKE
NOTES
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HVIVIEFXX AE A-J6 P JB.S
SURVEY OF A SAND 8 CLAY PIT FOR
PERRY F. MERRITT AND WINFRED T. MERRITT
m4Ri;,:,,o3s
COLLY TOWNSHIP. BLADEN COUNTY; NC
SURVEYED MARCH 34 1993
7,
BY STUART OOODEAC RS. L-805 PROW 919-645-4311
SCALE,• 1` = 200'

APPLICATION FOR A MINING PERMIT
a NOTE., All of the following questions must be thoroughly answered with regards to your mining
operation for the intended life of the mine. All responses mug be clearly conveyed on a corresponding,
detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
Answer all of the following that apply:
l . a. If this is an application for a )IVY permit, indicate the total acreage at the site to be covered by
the permit (this is the acreage that the "new permit" fee will be based upon):
Of this acreage, how much is owned and how much is leased? Acres owned: Acres
leased: Property owner if leased:
b. If this is an application for RRENMA L of a mining permit, indicate the mining permit number
and the total overall) acreage covered by the existing permit: Mining Permit No.:D.A-OSTotal
permitted acreage (this is the acreage that the "renewal" fee will be based upon): --A ia A ic
c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit
number and the total (overall) acreage covered by the existing permit: Mining Permit
No.: Total permitted acreage:
Does the modification involve acreage w*thm the previously approved permitted boundary?
Yes_ No_._. If yes, indicate the acreage to be covered by this modification (this is the acreage
that the "major modification" fee will be based upon): _
Does the modification involve acreage outside the previously approved permitted boundary?
Yes. No— If yes, indicate the additional acreage to be covered by this
modification: (NOTE: you must complete all of Section F. of this application,form
entitled Notification of Adjoining Landowners),
Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed,
ground cover removed) by the mining o)peration7 Yes— No_.._.. (if no, a "minor modification"
fee of $50.00 is required, despite the ' undisturbed" acreage to be added). If yes, indicate the
acreage to be affected within the acreage to be added to the permit (the total acreage to be added
to the permit is the acreage that the "major modification" fee will be based upon):
d. If this is an application for of a mining permit, indicate the tinningg permit number
and the total (overall) acreage covered by the existing permit: Mining Permit No.:.,.,_,
Total permitted acreage:
a SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT To
BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED
ABOVE ate;
2. Name of all materials mined:
Mining method: Hydraulic Dredge ___ Front-end Loader & Truck -I,/— Shovel & Truck
Dragline & Truck _ Self -loading Scraper Other (explain)
-2-

APPLICATION FOR A MINING PERMIT
4, a. Expected maximum depth of mine (feet)
Depth is relative to what benchmark? (e. ., natur g�ound evel, mean sea level, road elevation,
etc.)
b. Expected average depth of mine (feet) I ij ly ! 'A
5. Has any area(s) at this site been mined in the past? Yeses No
If yes, when and by whom was this activity conducted? V-6
6. Number of years for which the permit is requested (10 years maximum):_1D 6 S W
B. MAPS
Clearly mark and label the location of your mining operation on of a 7.5 minute
quadrangle and a county highway map. These maps, m addition to of all mine maps and
reclamation maps, must be submitted with each permit application.
- 7.5 minute quadrangles may be obtained from:
N.C. Geological Survey
NCDENR
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
[phone]
- County highway maps may be obtained from:
Location Department
State Highway Commission
Raleigh, North Carolina 27602
[phone]
-3-

APPLICATION FOR A MINING PERMIT'
2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged
topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the
maps along with their corresponding (approximate) acreage. As a reminder, mining permits can
only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those
activities that are intended to be conducted during the life of the minim permit. All maps must
be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at
a_minimum:
a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located
including easements and rights -of -way.
b. Existing or proposed permit boundaries.
c. Initial and ultimate limits of clearing and grading.
d. Outline and width of all buffer zones (both undisturbed and unexcavated).
e. Outline and acreage of all pits/excavations.
f. Outline and acreage of all stockpile areas.
gg Outline and acreage of all temporary and/or permanent overburden disposal areas.
h. Location and acreage of all processing lants (processing plants may be described as to location
and distance from mine if sufficiently fear removed).
i. Locations and names of all streams, rivers and lakes.
j. Outline and acreage of all settling and/or processing wastewater ponds.
k. Location and acreage of all planned and existing access roads and on -site haul roads.
1. Location of planned and existing on -site buildings.
m. Location and dimensions of all proposed sediment and erosion control measures.
n. Location of 100 year floodplain limits and wetland boundaries.
o. Names of owners of record, both public and private, of all tracts of land that are adjoining the
mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by
the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are
within 1,000 feet of the mining permit boundary, must be provided on the mine map.
p. Names of owners of record, both public and private, of all tracts of land that are adjoining the
mining permit boundary which lie directly across and are contiguous to any highway; creek,
stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an
adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining
permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that
has four lanes of travel or less and is not designated as an Interstate Highway.
q. Map legend:
1. Name of applicant
2. Name of mme
3. North arrow
4. County
5. Scale
6. Symbols used and corresponding names
7. Date prepared and revised
8. Name and title of person preparing map
Map scales should meet the following guidelines:
PERMITTED ACREAGE MAL! SCALE
0-99 Acres 1 inch = 50 feet
100-499 Acres 1 inch = 100 feet
.500+ Acres 1 inch = 200 feet
(NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items)
-4-

0 •
APPLICATION FOR A MINING PERMIT
A table/chart must be provided on the mine map that clearly lists the approximate acreage of
tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other
major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining
permit. A table/chart similar to the following will be acceptable:
CATEGORY
AFFECTED ACREAGE
Tailings/Sediment Ponds
Stockpiles
Wastepiles
Processing Area/Haul Roads
Mine Excavation
9 it
Other
NOTE, IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -
SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING
QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED
QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE
CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY
ADDRESSED ON THE MINE MAPS.
-5-

• 0
APPLICATION FOR A MINING PERMIT
C. PROTECTION OF NATURAL RESOURCES
Describe in detail the sequence of events for the development and operation of the mine and reference
the sequence to the mine map(s). Attach additional sheets as needed.
M 04 r f`a 1S W ;1 ti bO DCtC
0 TVD4 wic
Quay Ao 86s�I nQ4 t tar . .
U►'� 4;,
2. Describe specific erosion control measures to be installed prior to land disturbing activities and during
mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for
mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence
of installation and schedule for maintenance of the measures. Locate and label all sediment and
erosion control measures on the mine maps) and provide typical cross-sections/construction details
of each measure. Engineering designs and calculations shall be required when needed to justify the
adequacy of any proposed measures.
L c9 Zcx: Y— D �� i rip, On I .S U h C 1; on i n Qom" Q.
0
Sea',YY a4 boswn onis a&- uoteo-
3. a. Will the operation involve washing the material mined, recycling process water, or other waste
water handling? Yes Now_. If yes, briefly describe all such processes including any
chemicals to be used.
b. Will the operation involve discharging fresh or waste water from the mine or plant as a point
discharge to the waters of the State? Yes. No . If yes, briefly describe the nature of the
discharge and locate all proposed discharge points (along with their method of stabilization) on
your mine map(s).
Na4rQI a rai no � - roua�, P,PL
5
141 uep,+ Ira nn as-� wcs-er n COf nE r
a n rrm 00 . )
-6-

APPLICATION FOR A MINING PERMIT
c. Will any part of the proposed mine excavation(s) extend below the water table?
Yes_ No ✓ If yes, Co you intend to dewater the excavation(s)? Yes_ No—. If yes, what
impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in
gallons per day:___ Locate all existing wells on the mine map(s) that lie within 500 feet
of the proposed excavation area. Provide data to support any conclusions or statements made,
including any monitoring well data, well construction data and current water withdrawal rates.
Indicate whether the proposed mine locale is served by a public water system or private wells.
d. If you answered yes to any of the above questions, provide evidence that you have applied for or
obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.)
from the Division of Water Quality, Water Quality Section. In addition, the applicant is required
to register water use with the Division of Water Resources if the operation withdraws more than
100,000 gallons per day and needs a capacity use permit from the Division of Water Resources
if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day.
4. a. Will the operation involve crushing or any other air contaminant emissions?
Yes No—i,/—. If yes, indicate evidence that you have applied for or obtained an air quality
permit issued by the Division of Air Quality or local governing body.
b.
How will dust from stockpiles, haul roads, etc., be controlled?
�-rud, W
f I 1 be- us eJ as n&J e-J
-7-

APPLICATION FOR A MINING PERMIT
5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of-
way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion &
sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance
within the buffer whatsoever), or a combination of the two, depending upon the site conditions:
Note that all buffers must be located within the mining permit boundaries.
How wide a buffer will be maintained between any mining activity and any mining permit
boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a
wider buffer may be needed depending on site conditions. Show all buffer locations and widths
on the mine map (s).
0 n�
L° r
0a)6inin3
p rDpor-4y line -es
b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities
within the mining permit boundaries and any natural watercourses and wetlands unless smaller
undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet
may be needed.
How wide an undisturbed buffer will be maintained between any land disturbing activities within
the mining permit boundaries and any natural watercourses and wetlands at this site? Show all
buffer locations and widths on the mine map(s).
l.,J . 11 s:-a y I spy -� Ron-'
Qn& w4lQr�,s.
any,
b. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries
during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and
minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required,
unless technical justification can be provided to allow steeper slopes.
a � � Slows Goi 1 1 be m01n4Q+n .
jo; n I r�
-8-

0 •
APPLICATION FOR A MINING PERMIT
b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden
disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any
benches and/or slope drains (with supporting design information) if needed, and the method of
final stabilization.
c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes
including specifications for benching and sloping. Cross -sections for all cut slopes must be
provided on the mine map(s).
d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -
sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety
benches and mine benches, and the expected maximum depth of the excavation.
N IN
7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring
dwelling house, public road, public, commercial or industrial building from any mine excavation.
Locate all such structures on the mine map if they are within 300 feet of any proposed excavation.
t� DnC I r\ GiV'eQ,
8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall
area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate
boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and
location of each type of barricade to be used must be indicated on the mine map(s).
l ke r e, w i I be, rnv h !g k wa l l
�rII bC. rna;n --o- o� (-_2
e wd) ,be-
Q �
-9-
s I �opeS
1 nl
�o C1

APPLICATION FOR A MINING PERMIT
9. Are acid producing minerals or soils present? Yes No__�L How will acid water pollution
from the excavation, stockpiles and waste areas be controlled?
10. a. Describe specific plans (including a schedule of implementation) for screening the operation from
public view such as maintaining or planting trees, bushes or other vegetation, building berms or
other measures. Show the location of all visual screening on the mine map(s) and provide cross -
sections through all proposed berms or proposed spacings, sizes and species for tree plantings.
jfc,o is n0+
r-publ}C vi Euo
b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park,
forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated?
No
11. Will explosives be used? Yes No�,/—. If yes, specify the types of explosive(s) and describe
what precaution(s) will be used to prevent physical hazard to persons or nei&hboring property from
flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby
structures, more detailed technical information may be required on the blasting rogram (such as a
third -party blasting study). Locate the nearest offsite occupied structures to the proposed
excavation(s) on the mine map and indicate its approximate distance to the proposed excavation.
12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes— No-Z If yes, describe
these materials, how they will be stored and method of containment in case of spill. Indicate the
locations) of all storage facilities on the mine map(s).
-10-

APPLICATION FOR A MINING PERMIT
D. RECLAMATION PLAN
L Describe your intended plan for the final reclamation and subsequent use of all affected lands and
indicate the sequence and general methods to be used in reclaiming this land. This must include the
method of reclamation of settling ponds and/or sediment control basins and the method of restoration
or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and
other pollution. T7tis information must be illustrated on a reclamation map and must correspond
directly with the information provided on the mine map(s). In addition, design information, including
typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and
the locations) of all permanent channels must be indicated on the reclamation map.
—P64,1_19 9(ass Dn 6111
,-AeA ay
2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes_IL
No . If yes, illustrate the location of the body(s) of water on the reclamation map and provide a
scaled cross -sections) through the proposed body(s) of water. The minimum water depth must beat
least 4 feet, measured from the normal low water table elevation, unless information is provided to
indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s)
of water be stocked with fish? Yes_ No . If yes, specify species.
3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock
including what kind of permanent barricade will be left. Acceptable permanent barricades are
appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all
permanent barricades must be shown on the reclamation map.
NIA
-11-

APPLICATION FOR A MINING PERMIT
4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine
waste areas, including specifications for benching and sloping. Final cross -sections and locations for
such areas must be provided on the reclamation map.
NAP
5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways.
rcaA
b. Will any on -site roadways be left as part of the reclamation? Yes ✓ No . If yes, identify
such roadways on the reclamation map and provide details on permanent ditch line stabilization.
b. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables,
or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No
off -site generated waste shall be disposed of on the mine site without prior written approval from
the NC Department of Environment and Natural Resources, Land Quality Section and either the
Division of Waste Management (DWM) or local governing body. If a disposal permit has been
issued by DWM for the site, a copy of said permit must be attached to this application. All
temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and
reclamation map, along with a list of items to be disposed in said areas.
NIA
-12-

0 0
APPLICATION FOR A MINING PERMIT
7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must
include recommendations for -year-round seeding, including the time of seeding and the amount and
type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding
instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation
utilizing only tree plantings is not acceptable. Recommendations can be sought from:
a. Authorized representatives of the local Soil and Water Conservation District;
b. Authorized representatives of the Division of Forest Resources, Department of Environment and
Natural Resources;
c. Authorized county representatives of the North Carolina Cooperative Extension Service,
specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest
Resources at North Carolina State University;
d. North Carolina licensed landscape architects;
e. Private consulting foresters referred by the Division of Forest Resources; Department of
Environment and Natural Resources;
f. N.C. Erosion and Sedimentation Control Planning and Design Manual;
g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation;
h. Others as may be approved by the Department.
LIME - RATE OF APPLICATION (tons/acre):
FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre):
SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING
SCHEDULE (pounds/acre): [NOTE: Include Legumes]
MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF
ANCHORING:
OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING
SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc):
Revegetation and/or reforestation plan approved by:
Signature _
Print Name
Title
Agency _
-13-
Date

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 $500 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. Pease insert the approximate acreage,_f9C
"nnh nonnnf of th- fl...t ...,., .,,r.....i ♦., -Ar , .1.. ;__ #I..
CATEGORY
Tailings/Sediment Ponds:
Stockpiles:
Wastepiles:
AFFECTED RECLAMATION RECLAMATION
ACREAGE COST/ACRE* COST
Ac. X $ /Ac. _ $
Ac. X $ /Ac. = $
Ac.
Processing Area/Haul Roads: Ac.
Mine Excavation: Ac.
Other: Mine �Nmvat+vr\ I VON Ac.
TOTAL AFFECTED AC.:gAc.
( TOTAL PERMITTED AC.: 3h, Ac.)
X $ /Ac. = $
X $ /Ac. = $
X $ 0_ /Ac. = $
X $ 2'000 /Ac. = $ P7 QQ0
Divide the TOTAL AFFECTED AC. above into the fallowing two categories: a) affected acres that drain into
pro osed/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 A5Ac.
b) Positive Drainage Ac. X $1,500.00 = $.
SUBTOTAL COST: $
Inflation Factor:
0.02 X SUBTOTAL COST: $ do X Permit Life (1 to 10 years):_ _
INFLATION COST:
TOTAL COST = SUBTOTAL COST + INFLATION COST ._
Total Reclamation Bond Coat: $
11 (round down to the nearest $100.00)
-14-

APPLICATION FOR A MINING PERMIT
F. NOTIFICATION OF ADJOINING LANDOWNERS
The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered
mail to:
(1) the chief administrative officer of each county and municipality in which any part of the
permitted area is located as indicated on the mine map(s);
(2) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the
lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that
are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and
(3) all owners of record, both public and private, of all tracts of land that are adjoining the mining
permit boundary which He directly across and is contiguous to any highway; creek, stream, river,
or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract
is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of
record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining
permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes
of travel or less and is not designated as an Interstate Highway.
The only exception to the above method of giving notice is if another means of notice is approved in_advance
by the Director, Division of Land Resources.
A copy of a tax snap {or other alternative acce,ptable to the Department) must be mailed with the completed
"Notice" form (the proposed overall permit boundaries and the names and locations of all owners of
record of lands adjoining said boundaries must be clearly denoted on the tax map).
The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to
the Department, with the remainder of the completed application form, before the application will be
considered complete.
NQU; THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING
PERMITS AND ALL MODIFICATIONS OF A MVffNG PERMIT TO ADD LAND TO THE
PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl).
■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF
NOTIFICATION'"
-15-

. -1D r 0 A- C ain 0 I f°`tN
NOTICE
Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that
(Applicant Name)
has applied on
(Date)
to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment
and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one):
(a) a nm surface mining permit ❑
(b) a modification of an existing surface mining permit to add land to the permitted area
The applicant proposes to mine _
of
(Direction)
in
County.
(Mineral, Ore)
(Nearest Town)
on acres located
(Number) (Miles)
off/near road
(Number/Name)
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING
ADJOINING LANDOWNER NAMES AND LOCATIONS*
In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort to notify all
owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary;
if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners
of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit
boundary). In addition, the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area is located. Any person may file written comment(s) to the
Department at the above address within thirty (30) clays of the issuance of this Notice or the filing of the
application for a permit, whichever is later. Should the Department determine that a significant public interest
exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment
period specified above.
A copy of the permit application materials are on file and available for public review during normal business
hours at the above listed address as well as at the appropriate regional office. For information ,regarding the
For information on the mining permit application review process, please contact the
Mining Program staff at [phone]. Please note that the Department_ wills;stasider any relevant written
comments/documentation within the -.provisions of the Mining Act of 1971 throughout the application er view
process until a final decision is made on the application.
(Addressee/Owner of Record's
Name and Address)
(Date of Issuance of this Notice/
Mailed to Addressee/Owner of Record)
-16-
(Name of Applicant: Include Contact Person
& Company Name, if Applicable)
(Address of Applicant)

•
10 V-1 rah Ccrrl p
APPLICATION FOR A MINING PERMIT
AFFIDAVIT OF NOTIFICATION
an applicant, or an agent, or employee of an applicant, for a new
Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C.
Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following
are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit
boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of
the mine tract, all owners of recor3 of tracts adjoining these tracts, that are within 1,000 feet of the mining permit
boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail,
to said owners of record at their addresses shown below, such notice being given on a form provided by the
Department:
(Adjoining Landowner Name) (Address)
(Attach additional list if necessary)
I do also attest that the following individual is the chief administrative officer of the county or municipality
in which any part of the permitted area is located and that notice of the pending application has been caused to
be mailed, by certified or registered mail, to said office at the following address:
(Chief Administrative Officer Name) (Address)
[City Manager, County Manager, Mayor, etc.]
The above attestation was made by me while under oath to provide proof satisfactory to the Department that
a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of
land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by
the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that
are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or
municipality in which any part of the permitted area is Iocated in compliance with N.C.G.S. 74-50(b1) and 15A
NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing
showing that the above notices were caused to be mailed and to provide them to the Department upon request.
Signature of Applicant or Agent
Date
If person executing Affidavit is an agent or employee of an applicant, provide the following information:
(Name of applicant)
Affidavit)
I,
; (title of person executing
a Notary Public of the County of
, State of North
Carolina, do hereby certify that personally appeared
before me this day and under oath acknowledged that the above Affidavit was made by him/her.
Witness my hand and notarial seal, this day of
Notary:
My Commission expires:
,20
-17-

u
APPLICATION FOR A MINING PERMIT
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our
lands or operation during regular business hours for the purpose of making necessary field inspections or
investigations as may be reasonably required in the administration of the Mining Act of 1971.
We further grant to the Department or its appointed representatives the right to make whatever entries on
the land as may be reasonablynecessary and to take whatever actions as may be reasonably necessary in order
to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered
pursuant to G.S. 74-59.
LANDOWNER:
Signature: -
c
Print Name: � - NFJz1 t
Address: 4 1
14o r-Ke lls. NC I
Telephone: q/0 ~.S gy J q � o f
APPLICANT:
Signature:*
Print Name: P,6-,th- V
Title: D24012� -
Company: le-Y-t' L 21UA' ) 0 rS
Mine Name:
*Signature must be the same as the individual who signed Page 1 of this application.
map - s, and the appropriate processing fee (see next page for fee schedule) in the form a check or money
orcfer payable to -the North Carolina Department of Environment and Natural Resources must be sent to
the Land Qualitj Section Central -Office at the address listed on the front cover of this application form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at
[phone].
-18-

MINING
A nonrefundable permit application processing fee when filing for a new mining permit, a
major permit modification or a renewal permit is required as follows:
TYPE ACRES NEW PERMIT MAJOR RENEWAL
MODIFICATION
Clay 1 but less than 25 $500 $250 $
25 but less than 50 1000 500 500
50 or more 1500 500 500
Sand & 1 but less than 5 150 100 100
Gravel,
Gemstone, and 5 but less than 25 250 100
Borrow Pits �� ✓//
25 but less than 50 500 250 fr500 /
50 or more 1000 500 500
Quarry, 1 but less than 10 250 100 100
Industrial
Minerals, 10 but lead than 25 1000 250 500
Dimension
Stone 25 but less than 50 1500 500 500
50 or more 2500 500 500
Peat & 1 or more 2500 500 500
Phosphate
Gold (Heap
Leach), 1 or more 2500 500 500
Titanium &
Others
A nonrefundable $50.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers,
name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added
to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been
approved. All other changes are considered major modifications.
Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the
modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both.
10/2000

b
LAND QUALITY SECTION HEADQUARTERS
Francis M. Nevils, Jr., P.E.
James D. Simons, P.G., P.E. - Chief Engineer
Caroline Medlin, E.I: Sediment Education
Courier - 52-01-00
Section Chief
David H. Ward - Sediment Specialist
Specialist
Land Quality Section
? - Assistant Sediment Specialist
Telephone: [phone]
1612 Mail Service Center
Tracy E. Davis, P.E. - Mining Specialist
Tabitha Brown - Sediment Education Intern
FAX No.: (919) 715-SMI
Raleigh, NC 27699-1612
Judy Weiner - Assistant Mining Specialist
? - Assistant Mining Specialist
Secretaries
Greg Taylor - LAN Coordinator
Shipping Address: Land Quality Section
? - Dam Safety Engineer
Wendy Sposto - Lead Secretary
512 North Salisbury Street
Tami Dodd, E.I. - Assistant Dam Safety Engineer
Stephanie Lane - Sediment & Dams
Raleigh, NC 27604
James Caldwell, E.L - Assistant Dam Safety
Engineer
Susan Edwards -lying
LAND QUALITY SECTION REGIONAL OFFICES
ASHEVILLE
MOORESVILLE
WINSTON-SALEM
RALEIGH
RICHARD PHILLIPS, P.E.
DOUG MILLER, P.E.
MATTHEW GANTT, P.E.
JOHN HOLLEY, P.E.
Interchange Bldg.
919 North Main Street
585 Waughtown Street
38M Barrett Drive
59 Woodl'm Place
Mooresville, NC 28115
Whston-SaleQs, NC 27107
Raleigh, NC 27609
Asheville, NC 28801
COURIER - 13-15-01
INTEROFFICE
COURIER - 12-59-01
COURIER - 09-08-06
(336) 7714600
(919) 57I4700
(828) 251-208
[phone]
FAX # [phone]
FAX # [phone]
FAX # [phone]
FAX # [phone]
Alamance Allegheny Ashe
Chatham Durham Edgecombe
Avery Buncombe Burke
Alexander Lincoln
Caswell Davidson Davie
Franklin Granville Halifax
Caldwell Cherokee Clay
Cabarrus Mecklenburg
Forsyth Guilford Rockingham
Johnston Lee Nash
Graham Haywood Henderson
Catawba Rowan
Randolph Stokes Surry
Northampton Orange Person
Jackson Macon Madison
Cleveland Stanly
Watauga Wilkes Yadkin
Vance Wake
McDowell Mitchell Polk
Gaston union
Warren Wilson
Rutherford Swain Transylvania
Iredell
Yancey
FAYETTEVILLE
WILMINGTON
WASHINGTON
WILLIAM (TOBY) VINSON, P.E.
DAN SAMS, P.E.
FLOYD WILLIAMS, P.G.
225 Green Street
127 Cardinal Drive Est.
943 Washington Square Mall
Suite 714
Wilmington, NC 29405-384S
Washington, NC 27889
Fayetteville, NC 28301
COURIER - 16 0"1
COURIER - 14.56-25
COURIER - 04-16-33
(252) 946"1
(910) 48&LcAl
[phone]
FAX # [phone]
FAX # [phone]
FAX # [phone]
Beaufort Bertie Camden Chowan
Anson Montgomery Scotland
Brunswick New Hanover
Craven Currituck Dare Gates
Bladen Moore
Carteret Onslow
Greene Hertford Hyde Jones
Cumberland Richmond
Cohrmbus Pender
Lenoir Macon Pamlico
Harnett Robeson
Duplm
Pasquotank Pergnimans Pitt
Hoke Sampson
Tyrrell Washington Wayne
a
REVISLO U317utTl

SCHEDO OF RECLAMATION COSTS i0/2000 elicoo. sch.wpd
(Based upon range of $500 __ S5, 000 per affected acre)
COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill
dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI =
'Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH
Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other
Type T/S Ponds _ S•piles W.piles P.area/H.R. Mine Excay.
SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/aC.(L)
Borrow 1500 (FI) $2000 (PD)
CS, DS, 500(L) 1800 2000 2000 500(V
FS, MI, 1500(FI) 2500(PD)
LI, PF,
OL, KY
PH
1000(L) 2500 5000 5000
2000(L)
2500(FI)
5000(PD)
CL
1000(L) 2500 5000 5000
2000(L)
2500 (FI)
3700 (PD)
PE, AU,
1000(L) 2500 3000 3500
2000(L)
T'I, OT
2500 (FI)
5000 (PD)
(L) = reclamation to a lake and revegetating sideslopes
(FI) = reclamation by filling in and revegetating
(PD) = reclamation by grading for positive drainage & revegetating
AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE
BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A
THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE
FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service
Center, Raleigh, North Carolina 27699-1612
ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM:
T - FINAL GRADING COSTS PER ACRE
- LIME AND FERTILIZER COSTS PER ACRE
YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION
PLAN IN APPLICATION/PERMIT DOCUMENT)
MULCH AND ANCHORING COSTS PER ACRE
ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED
RECLAMATION PLAN FOR THE SITE IN QUESTION
YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND
DETERMINATION.
1,000 copies of this public document were printed at a coat of $845.81 or $.85 per copy. 4/2002
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
-21-

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Merritt Brothers 2. MINING PERMIT # 09-05
3. OPERATOR Merritt Brothers/Attn: Perry Merritt _ 4. COUNTY Biaden
5. ADDRESS _ 8906 NC Hwy 41 E, White Lake, NC 28337
6. PERMIT EXPIRATION DATE 5/19/2013 7. RIVER BASIN Cape Fear
8. Person(s) contacted at site Perry Merritt and Donna Burton
9. Was mine operating at time of inspection? ❑ Yes X No 10. Pictures? ❑ Yes X No
11. Date last inspected: 9/24/2010 12. Any mining since last inspection? X Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes X No
If no, explain:
OC-5- All mining permit boundaries shall be permanently marked at the site on 100 foot intervals unless the line of site
allows for larger spacing intervals.
14. Is the mine in compliance with the Reclamation Conditions of the Permit? X Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes X No If yes, describe the type
and severity of the damage:
16. Corrective measures needed and/or taken:
1. The mine permit boundary needs to marked with additional permanent boundary markers.
17. Other recommendations and comments:
18. Is the Annual Reclamation Report f/- map accurate? X Yes ❑ No (Explain) ❑ Not Reviewed
19. Follow-up inspection needed? X Yes ❑ No Proposed date 5/15/2012
20. No. of additional pages of Inspection Report _. 21. Copy of Report sent to operator 3/20/2012
INSPECTED BY: _ Melissa Joyner DATE 3/15/2012
Telephone No: [phone]
Copy to file Copy to operator Copy to Mining Specialist

RECEIVED
APR 0 3 2012
LAND QUALITY
MINING PROGRAM

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Merritt Brothers 2. MINING PERMIT # 09-05
3. OPERATOR Merritt Brothers Construction Attn: Perry Merritt 4. COUNTY Bladen
5. ADDRESS 8906 NC HWY. 41 East White Lake, _NC_28337 _.
6. PERMIT EXPIRATION DATE 05/19/2013 7. RIVER BASIN Cape Fear
8. Person(s) contacted at site No one
9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ❑ Yes ® No
11. Date last inspected: 09/23/2009 12. Any mining since last inspection? ® Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No
If no, explain:
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ 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:
None
17. Other recommendations and comments:
1. Mark boundary limits of mine at 100f1 intervals or down line of site.
2. Continue to reclaim mined areas as mining progresses and grade all slopes to 3/1 at and to water line and 2/1 at and
below water line.
18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed
19. Follow-up inspection needed? ❑ Yes ® No Proposed date 09/24/2011
20. No. of additional pages of Inspection Report 0 21. Copy of Report sent to operator 09/27/2010
INSPECTED BY: Eric Matuszewski DATE 09/24/2010
Telephone No: [phone]
Copy to file Copy to operator ► ng_SR 'mist
-mg_+ vCU
OCT 0 4 2010
5
LAND QUALITY
MINING PROGRAM

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
�/� _ (PERMITTED MINE)
L M[NE NAME l o rr 4 Lio-"heIr s 2. NIINING PERMIT # �� — c •
3. OPERATOR ^1 r r {1 _ _ _ic r r r �i""_ 4. COUNTY L 1 c+ A l r-,
5. ADDRESS _ .. Cu'_ k %h Nf (. L i i~ , U ` , ► A E L N L :' 6.S3 7
6. PERMIT EXPIRATION DATE /I I I Lci 0 7. RIVER BASIN
8. Person(s) contacted at site 01`4`
9. Was mine operating at time of inspection? .M' Yes ❑ No 10. Pictures? ❑ Yes-1.7'No
11. Date last inspected: / ! 12. Any mining since last inspection? AU* Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ❑ No
If no explain'-!) (X --4 'A to P r4 n u p v ! ,,F i 4e- v~
!n. . i � +,•; _,-�, � � ,' _ , -• ( .`fit ,, r,-�, ! ., � ►' `I-.-�� � � ;
' � `�-� \ i ' 61 11 , � r . }. � � r„ !r, r Ye r 1 F' lr � 1 �'+ ! !1 1, .. • II � i
14. Is the mine in compliance with the Reclamation Conditions of
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes CD -No If yes, describe the
type and severity of the damage:
16. Corrective measures needed and/or. taken: 77 r i n rT o T To 77 75
1.U{'ry , OK ►�,�Y�,, `1ia ` -� .` 4r v- s !
! is1( to ., C �.1 �--� {►!C. firl�,rl. ( i\, r in'rtar ..`., `', i,r-4- )4W
17. Other recommendations and comments: r 1 ! ( (' 715
18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) O-Not Reviewed
19. Follow-up inspection needed? -0 Yes ❑ No, Proposed date
20. No. of additional pages of Inspection Report .'. 21. Copy of Report sent to operator' h .
r {dat
INSPECTED BY:DATE 0 0
Telephone No:
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

Wehner, Judy
From: Geographic Solutions [[e-mail]
Sent: Wednesday, May 22, 2013 8:11 AM
To: Wehner, Judy
Subject.: Merritt Brothers Mine - 09-05 Bladen County
Judy,
I hope you are doing well. 1 wanted to let you know that I am preparing a renewal/modification application for
the Merritt Brothers mine in Sladen County. I have completed the field survey and our engineer is working on
the permit application now.
Thanks!!
Joey
Joey W. Taylor, PLS, GISP
fengruphir. Salcstionn
@03
As Surveylvig Service-s. PIJ.C.
PO BOX 2019
1104 W BROAD ST
ELIZABETHTOWN, NC 28337
910.862.3400 TEL
252.560.2193 CELL
910.862.3410 FAX

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Land Resources
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
April 30, 1993
CERTIFIED MAIL .
R9T,URN RECEIPT REQUESTED
Mr. Perry Merritt, Jr.
Route 1, Box 177
Harrels, North Carolina 28444
RE: Merritt Brothers Mine
Bladen County
Dear Mr. Merritt:
J &I "'.' WA
aia
�EHNR
The application for a mining permit for Merritt Brothers
Mine in Bladen County has been found to meet the requirements of
G.S. 74-51 of The Mining Act of 1971. As we have received the
required surety to cover this application, T am enclosing the
mining permit.
The conditions of Mining Permit No. 09-05 were based
primarily upon information supplied in.the application with
conditions added as necessary to insure compliance with The
Mining Act of 1971. This permit expires on April 30, 2063. G.S.
74-65 states that the issuance of a mining permit does not
supersede local zoning regulations. The responsibility of
compliance with any applicable zoning regulations lies with you.
As -a reminder, your rmi-tte creage and affected acreage
for this site ar both 6.126 acres- as indicated in the
application and on the ne map dated March 31, 1993.
In addition, this office strongly recommen s that the
existing degraded tail ditch leading from the 12 inch culvert,
located along the southwest corner of the mine site, be regraded
and stabilized with riprap as soon as possible.
'Please review the permit and notify this office at (919)
733-4574 of any objection or question concerning the terms of the
permit.
;Sin erely,
r cy E Davis, E.T.T.
ning pecialist
Land Quality Section
TED/tls
Enclosure
cc: Mr. Joe Glass
P.O. Box 27687, Weigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper

D EPARTMENT OF ENV = RONMENT �
HEALTH AND NATURAL
RESOURCE S
n = V= S = ON OF LAND RESOURCE S
LAND QUAL = TY SECT = ON
P E R M = T
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: •
Perry Merritt, Jr. dba Merritt Brothers
Merritt Brothers Mine
Bladen County - Permit No. 09-05
for the operation of a
Sand 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: April 30, 2003

Page 2 of 8
In accordance with the application for this mining permit, which
is hereby approved by the Department of Environment, Health 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.
Expiration Date
This permit shall be effective from the date of its issuance
until April 30, 2003.

Page 3 of 8
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:
1. 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.
(DB 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-x-esponsibility to o contact t Wate
(-Quality Sect ion., -Di -vision of Environmental Manage.,
o 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 b
Environmental Management Commission �)
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 300 foot unexcavated) shall
be maintained between any affected land and any
adjoining waterway to prevent sedimentation of that
waterway from erosion of the affected land and to
preserve the integrity of the natural watercourse.
B. Any mining activity affecting wetlands shall be in
accordance with the requirements and regulations
promulgated and enforced by the U. S. Army Corps of
Engineers.
4: A. Adequate mechanical barriers cluuaing ub t t limited
to diversions, earthen dikes brush barriers., silt
check dams, silt retarding str 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 or-n tural watercourse in proximity to the
affected land.

ow
1 Page 4 of 8
B. A rip rap -gravel horse shoe filter shall be
'nstalled, . per the atta- h cons ruction deta_L at
the pit end of`the 12 i.nch culvert located in the
southwest corner of the permit area. A sediment
storage pit shall be excavated upstream of the horse
shoe filter and maintained sufficient to significantly
increase the sediment control storage capacity upstream
of said filter.
C. All drainage from the affected area around the mine
excavation shall be diverted internal to said
IOA*1 excavation.
_, �y�� D. All mining permit boundaries (36.126 acres) at the mine
0-1 site shall be permanently marked on-100 foot intervals
unless the line of sight allows for larger spacing
intervals.
w (� 1thin30 days of the receipt of this mining oer}it, a'
�C,1 map shall be submitted to the Department indicating the �r-10
locations of the tract/property boundaries, Calley
Creek and the mining permit boundaries. The adjoining
land owners shall also be indicated on the map.
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 offsite damage
because of siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to
restrain such erosion.
6. 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.
7. Existing vegetation or vegetated earthen berms shall be
maintained between the mine and public thoroughfares
whenever practical to screen the operation from the public.
�., Sufficient buffer (minimum of 20 foot undisturbed) shall be
fl maintained between any excavation and any mining permit
1 boundary line or right-of-way to prevent caving of adjacent
property and to allow grading of the side slopes to the
required angle.

Page 5 of 8
9. 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 di po al has first
been obtained from both the Division o Solid aste
Management and-theQuality Section, epartment of
Environment '(Health and Natural Resources. The method
of disposal sh�1l—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 designatedqr4se area. All other waste products
must be dispose i a disposal facility approved by
the Division ofid Waste Management. No petroleum
products, acidslnts or their storage containers
or any other material that may be considered hazardous
shall be disposed of -within -the permitted area.
10. 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.
11. 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 or
any approved revision to it. Approval to implement such
changes must be obtained from the Department prior to on -
site implementation of the revisions.
12. The security which was posted pursuant to N.C.G.S. 74-54 in
the form of $25,000.00 Assignment of Savings Account is
sufficient to cover the operation as indicated on 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.
13. 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 6 of 8
APPROVED RECLAMAT ON LAN
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, likely to become noxious,
odious or foul. •
5. The revegetation plan shall conform to accepted and
recommended agronomic and reforestation practices as
established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to
the Reclamation Plan herein incorporated. These activities
shall be conducted according to the time schedule included
in the plan, which shall to the extent feasible provide
reclamation simultaneous with mining operations and in any
event, provide reclamation at the earliest practicable time
after completion or termination of mining on any segment of
the permit area and shall be completed within two years
after completion or termination of mining.
RECLAMATION CONDITIONS:
1. Provided further, and subject to the Reclamation schedule,
the planned reclamation shall be to restore the mine
excavation to a lake area and to grade and revegetate the
adjacent disturbed areas.

page 7 of 8
2. The specifications for surface gradient restoration to a
surface suitable for the planned future use are as follows:
1
✓jA.J The lake area shall be excavated to maintain a minimum
average water depth of four feet.
✓ B. The side slopes to the lake excavation shall be,graded
to a 3 horizontal to 1 vertical or flatter above the
water level and 1 1/2 horizontal to 1 vertical or
flatter below the water level.
C. Any areas used for wastepiles, screening, stockpiling
or other processing shall be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the
mine site. On -site disposal of waste shall be in
accordance with Operating Condition 9A and B.
E. The affected land shall be graded to prevent the
collection of noxious or foul water.
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be
revegetated as per the Revegetation Plan approved by Mr.
Samuel G. Warren, District Conservationist with the Soil
Conservation Service, wrongly dated March 3, 1983, with the
following additions:
Permanent Seeding SpepiKications
D?ktes
February 15- April 1
April 1- July 31
August 1- October 25
October 25- February 15
species Rate,
bs c e
Korean Lespedeza
10
Weeping Lovegrass
2
Redtop
1
Winter rye (grain)
15
Common Bermuda
50
Lespedeza (unscarified)
30
German millet
40
Rye (grain- temporary)
120
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.

Page 8 of 8
• 4. ReclamationPlan:
i 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.
Permit issued this 30th day of April, 1993.
By: ---
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
of the Department of Environment, Health and Natural Resources
9

Name and address of person requesting information:
Mob 4Ib ill
ems,
.Information to be sent (check all that apply)
G Business Card
❑ Mining Act of 1971
❑ :.dministrative Rules
Application Form
u Mining Brochure
Q Guidelines on Reclamation Bonds
G Assignment of Savings Account Form
G irrevocable Standby Letter of Credit Form
G Surety Bond Form
Renewal Checklist
❑ Modification Checklist
❑ Transfer Checklist
❑ Other: uxW (1) rxVir, SAQ n&. US
* Susan - After .sending the above -information:
❑ PLEASE FILE THIS FORM UNDER REQUESTS FOR
INFORMATION
❑ PLEASE FILE THIS FORM IN' THE MINE FILE .(PERMIT
NO li9 _ )
1 Thanks,

Mate of -North Carolina
Department of Environment,
Health and Natural Resources
Division of Land Resources
James B. Hunt, Jr_ Governor
Jonathan B. Howes, Secretary
1••
la
pr 0, 1993
CERTIFIED MAIL
- ' RETON RECEIPT REO�ED
Mr. Perry Merritt, Jr:
Route 1, Box 177 `SFC
Harrels,'!North Carolina 28444 rION
RE: Merritt Brothers Mine
Bladen County
Dear Mr. Merritt:
The application for a mining permit for Merritt Brothers
Mine in Bladen County has been found to meet the requirements of
G.S. 74--51 of The Mining Act of 1971. As we have received the
required surety to cover this application, I am enclosing the
mining permit.
The conditions of Mining Permit No.;q_,9-Q5_were based
primarily upon information supplied in th ae pplication with
conditions added as necessary to insure compliance with The
Mining Act of 1971. This permit expires on April 30, 2003. G.S.
74-65 states that the issuance of a mining permit does not
supersede local zoning regulations. The responsibility of
compliance with any applicable zoning regulations lies with you.
As -a reminder, your permitted acreage and affected acreage
for this site are both 36.126 acres, as indicated in the
application and on the mine map dated March 31, 1993.
In addition, this office strongly recommends that the
existing degraded tail ditch leading from the 12 inch culvert,
located along the southwest corner of the mine site, be regraded
and stabilized with riprap as soon -as possible.
Please review the permit and notify this office at (919)
733-4574 of any objection or question concerning the terms of the
permit.
Sin erely,
r cy E Davis, E.I.T.
Wing pecialist
Land Quality Section
TED/tls
Enclosure
cc: Mr. Joe Glass
A it 3
P.O. Box 27687, Rdelgh, North CaroUna 27611-7687 Telephone [phone] FAX 919-733-=7
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1096 post -consumer paper

s
l

1
Page 4 of 8
B. A rip rap and gravel horse shoe filter shall be
installed, as per the attached construction details, at
the pit end of the 12 inch culvert located in the
southwest corner of the permit area. A sediment
storage pit shall be excavated upstream of the horse
shoe filter and maintained sufficient to significantly
increase the sediment control storage capacity upstream
of said filter.
C. All drainage from the affected area around the mine
excavation shall be diverted internal to said
excavation.
D. All mining permit boundaries (36.126 acres) at the mine
site shall be permanently marked on 100 foot intervals
unless the line of sight allows for larger spacing
intervals.
■.i Y.li 11 .JV _VL Yllii 1GVV �VL ZAA-63 RA A! Q'
map shall be submitted`°tti fhe� Department�`in3 cat ng tri
locations of the tract/property boundaries, Calley
Creek and the mining permit boundaries. The adjoining
land owners shall also be indicated on the map.
5. 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 offsite damage
because of siltation, shall be'planted or otherwise provided
with ground cover, devices or structures sufficient to
restrain such erosion.
6. 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.
7. Existing vegetation or vegetated earthen berms shall be
maintained between the mine and public thoroughfares
whenever practical to screen the operation from the public.
8. Sufficient buffer.(minimum of 20 foot undisturbed) shall be
maintained between any excavation and any mining permit
boundary line or right-of-way to prevent caving of adjacent
property and to allow grading of the side slopes to the
required angle.

i
(Xv 4. i�lvccblf.,,`� u- 2 r.
'2,9 676.e,= T C AP
NA
Z,9 W 9.3,ll A' s� ;R
?jC
1�1
North CcTfohf;-j
t4l'ic7ey, Cow ty
4 shjcff Gooden, ceftlf} lhe,, -,!lu rrip W,3,5 drawn
Oder (7, y sw-
6% WE
36.126 AC.
TO T., 6 9 L
.P
NOTES.
LEGEND:
SURVEY OF A SAND 8 CLAY PIT FOR
PERRY F. MERRITT AND WINE RED T. MERRITT
LOLLY TOWNSHIP, BLADEN COUNTY, NC
SURVEYED MARCH 34 1993
BY STUART GOODEN, R.S. L-805 PHONE [phone]
SCALE.. -..I"..=. 200'

°10'47' cif
27.9_9
rI5
ni t� �.9'�rCr rW
L;YN
BEGINNING AT A SET IRON
ROAD LOCATF_D 5 CALLS FF
OF INTERSECTION Of rHfE !
AS SHOWN ON A MAP REC01
OF THE BLADF_N COUNTY RI
J N 19°29'00" E 676.60' R
2) IV 19°P9'00" E 83.14' TO
3) N 47'17'3.9 W 1649,33'
4) S 87°29'02" W 250.46
5111t 51°01:58" W" 353,30' T(
-)F THE PARCE ttI t DES(
LEGEND:
North Carolipa
Sloden County
t, Stuart Gooden, certify that this map was drawn
under my sups, from r, x , �,r Lc r aeF.
aerflY
rye i f,co� 436 age .365 ihoi ihF ratio:
r [ c as cuiafPd by taiiludes ;;nd departure-- is
!hat the boundaries no,' surv€yea are
^w� as broker, fires niotled frog inforrmatioi found in books
elerer,ced, that this ma") was prepared in occordonc e
w �'r G,S, 47-30 as ammended. Witness my ncnd and
sear - s.5r day of 1/1"].RCH . A,r., 1��a3
aft _ urv,EyCr
hF.y�S t!"U ifGfi f�viilf!3b€r ._.-�l^7
v ..
earth Cjro-;
Cumberfcr.d
Thomas °erSO SURVEY OF A SAND 8 CLAY PIT FOR
the exe 'r ;c: y s .
G e 3 JC, PERRY F. MERRI TT AND WINFRED T. MERRI TT
COLLY TOWNSHIP, BLADEN COUNTY, NC
-- - -- SURVEYED MARCH 31, 1993
?YGtcrr u>_
,BY STUART GOODEN, R.S. L-805 PHONE [phone]
SCALE. • I" = 200'

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Land Resources
James B. Hunt, Jr„ Governor
Jonathan B, Howes, Secretary
May 13, 1993
CERTIFIED MAIL
RETURN RECEIE2 REQUESTED
Mr. Perry Merritt, Jr.
Route 1, Box 177
Harrels, North Carolina 28444
RE: Merritt Brothers-Mine1
-,."Permit No. 09-05 - _ __S
-Bladen County
Dear Mr. Merritt:
`8, Ap�
C)EHNR
Enclosed is a copy of the Wildlife Resources Commission's
(WRC) memorandum outlining several areas of concern with the
mining operation at your site.
Please contact the WRC and the Corps of Engineers to discuss
and address any concerns that they have related to the area
affected by your mining operation. A copy of all correspopdence
with these two agencies must be submitted to this office for our
records.
We appreciate your cooperation in addressing these concerns
in an expeditious manner. If you have any questions, please
contact me at [phone].
Sincerely,
J,T-o ample
Assistant Mining Specialist
Land Quality Section
TLS/tls
Enclosure
cc: Mr. Joe Glass
Mr. Charles Gardner
Mr. Richard B. Hamilton
Mr. Wayne Wright
P.O. Box 27687, Rcdelgh, North Carolina 27611-7687 Telephone [phone] FAX 919-733-=7
An Equal opportunity Affirmative Action Employer 60% recycled/ 1096 post -consumer paper

North Carolina Department of Cultural Resources
James B. Hunt, Jr., Governor
Betty Ray McCain, Secretary
May 7, 1993
MEMORANDUM
TO:
=9V1 F
Division of Archives and History
William S. Price, Jr., Director
ipeoelt'
CgIVIf 46
*Qr
Tracy E. Davis nQ(J IYa�
Land Quality Section 4411-k �`'
Division of Land Resources, DEHNR Sit p""
�041
David Brook
Deputy State Historic rP esservatton Officer
SUBJECT: Application for Mining Permit
Merritt Brothers Mine, Bladen County, ER 93-8657
Thank you for giving us the opportunity to review and comment on the above
project pursuant to Chapter 74, Article 7 of the North Carolina General Statutes.
Because of the location and topographic situation of the proposed project area, it
is unlikely that any archaeological sites which may be eligible for inclusion in the
National Register of Historic Places will be affected by the proposed borrowing.
We, therefore, recommend that no archaeological investigation be conducted in
connection with this project.
Thank you for your cooperation and consideration. If you have questions
concerning the above comments, please contact Ms. Renee Gledhill -Earley,
Environmental Review Coordinator, at 919/733-4763.
DB:slw
109 East Jones Street • Raleigh, North Carolina 27601-2807 IZ33

Date /g
MEMORANDUM
TO: File
FROM: Susan Edwards p�
SUBJECT: Notice of Issuance of Mining Permit
pe�
A copy of the Aarl "Notice of Issuance of Mining Permit" was sent to
all people listed in the Affidavit of Notification and any additional people who
sent in letters. If a public Bearing was held, a copy of the "Notice of
Issuance of Mining Permit" was sent to all people who signed the sign in sheet
at the public hearing. My initials, written in red, will be beside the names of
the people in the file who were sent this "Notice".
cc: Regional Engineer

I
NOTICE _OF ISSUANCE OF
MINING _PERMIT
You have previously expressed an interest and/or are listed
as an adjoining land owner in the application for a mining permit
filed by Mr. Perry Merritt Jr. to conduct mining activities at
Merritt Brothers Mine. The mining permit was issued on April 30,
1993.
A recent North Carolina Court of Appeals decision has held
that a person aggrieved by the issuance of a mining permit has
the right to initiate a contested case hearing in the Office of
Administrative Hearings pursuant to N.C.G.S. 150B-23 of the
Administrative Procedure Act (APA). Please be advised however,
that this Department disagrees with that ruling and has recently
filed documents in the Office of Administrative Hearings to limit
permit issuance challenges to a hearing on the record in Superior
Court pursuant to N.C.G.S. 150B-43. A ruling on the Department's
request is still pending.
Despite our position on this issue, North Carolina law
requires us to inform you of your right to contest the issuance
of the permit. Unless the Court of Appeals' decision is changed,
you still have the right to seek a contested case hearing
pursuant to N.C.G.S. 150-23 of the APA. To preserve your right
to a hearing, you must file a petition for a contested case in
the Office of Administrative Hearings within sixty (60) days of
the mailing of this notice to you.
The address for filing the petition is The Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, N. C.
27611-7447. Their telephone number is [phone]. This
notice was mailed on May 3, 1993.
Charles H. Gardner
Director
Division of Land Resources
North Carolina Department of
Environment, Health and Natural
Resources

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512 N. Salisbury Street,
Charles Ref �, wuood, Exe�ut ve Director SS' 919-733-3391 �FG+I�o�
MEMORANDUM
TO: Susan B. Edwards
Mining Program Secretary
Land Quality Section
FROM: Richard B. Hamilton
Assistant Director
DATE: April 29, 1993
SUBJECT: Mining Permit Application Request for Perry
Merritt, Jr., Merritt Brothers Pit, Bladen County
Staff biologists with the North Carolina Wildlife
Resources Commission (NCWRC) have reviewed the permit
application for Mr. Perry Merritt, Jr., Merritt Brothers
Mine and are familiar with habitat values associated with
the project area. An on -site investigation was conducted on
April 21, 1993 for the purpose of further assessing project
impacts on wildlife, fisheries, and wetland resources.
These comments are provided in accordance with provisions of
the North Carolina Mining Act of 1971 (as amended, 1982;
G.S. 74-76 et seq., 15 NCAC 5).
Mr. Merritt is proposing to mine sand and sand/clay
from approximately 36.126 acres of land located in Bladen
County in the vicinity of White Lake near the intersection
of Hwy 41 and SR 1514. The proposed site consists of former
agricultural fields, woodlands, and borders Colly Creek, a
small stream with.adjacent bottomland hardwood forest, that
is a tributary to the Black River.
In accordance with our comprehensive review of the
proposed mining permit application, we provide the following
comments:
1. The operation involves dewatering or discharging
wastewater into the waters of Colly Creek via a
culvert (pipe) located at the western corner of
the site. During our on -site investigation we
found no evidence of control for siltation,

turbidity or associated runoff from the mining
operation. We recommend that appropriate
measures be taken to control or eliminate this
problem. The applicant should have an approved
sedimentation/erosion control plan on file with
the Division of Land Resources (DLR).
2. A ditch approximately 25 feet in length 2 feet
deep and 4 feet wide has been constructed to
allow discharge from the culvert noted in (1)
above into the Colly Creek floodplain. This
ditch and its associated spoil material appears
to have been constructed in wetlands. The
applicant should contact the U.S. Army Corps of
Engineers (COE) for assistance in identifying
all wetlands on the proposed site and compliance
with permit requirements. If wetlands have been
negatively impacted, a mitigation plan should be
submitted. In our opinion, coordination with
the COE should be done concurrently with
processing this mining permit application. It
is possible that work in wetlands has been
authorized under a Nationwide Permit. There is
no indication of such action by the COE in the
permit application.
It is the policy of the NCWRC to oppose projects that
directly or indirectly result in destruction or degradation
of wetland or aquatic resources. Unless some action is
taken to address the above mentioned comments, we have no
recourse at this time but to recommend that this mining
permit application be held in suspension or denied. We are
aware of comments in the cover letter by the applicant's
attorney and we do not wish to cause hardship on any permit
applicant. However, compliance with all relevant laws and
regulations is imperative if they are to have meaning.
Thank you for the opportunity to review and comment on
this mining permit application. In order to expedite
processing of this application, Mr. Dennis Stewart, Habitat
Conservation Program Manager [phone]; [phone]
or Mr. Thomas Padgett, District 4 Wildlife Biologist (919)
588-4003 will be available to assist.
cc: Honorable Ted B.Lockerman, District 4 Commissioner
Keith W. Ashley, District 4 Fisheries Biologist
Thomas M. Padgett, District 4 Wildlife Biologist
Wayne Wright, Corps of Engineers, Wilmington District

"�
APR1993
RECEIVED
N.C,W.RC.
WI DUEE
WIAt3AGEMEW
State of North Carolina
Department of Environment, Health, and Natural R(
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor April 14, 1993
To: Mr. Dennis Stewart
Habitat Conservation Program Coordinator
Wildlife Resources Commission
From: Susan B. Edwards .-
Mining Program Secretary
Land Quality Section
APR 1993
RECEIVED
Hsbiwt
Conseryatiom
pr48"
Re: Mining Permit Application Request for Perry Merritt, Jr.
Merritt Brothers Pit
Bladen County
Please find attached for your review a copy of the mining permit
application for the above referenced project.
Please review this information and advise as to the probability of this
operation having unduly adverse effect on wildlife and freshwater fisheries
(G. S. 74-51 (2)). Please respond as soon as possible so that we may
complete our review of this request within our statutory time limits.
As is the case in our review of all mining permit applications, renewals
and modifications, this office will carefully review all proposed erosion and
sediment control measures to ensure that they are sufficient to restrain
erosion and off -site sedimentation. However, any comments your agency can
provide regarding effects on wildlife and freshwater fisheries would be
greatly appreciated. If your staff wishes to perform a site inspection, it
is recommended that they contact the person submitting this request to set up
a convenient date and time. Also, please send a copy of your comments to the
person noted in the application.
Your continued cooperation in the review of these type requests is
greatly appreciated. Please contact Mr. Tony Sample at [phone] if you
have any questions.
SSE
Attachments
cc: Mr. Joe Glass
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX # 919-715,MW
An Equal Opportunity Affirmative Action Employer
W%raryded/loa pa0-ccvwmr pqw

Division of Land Resources, Land Quality Section G
MINE: INSPECTION REPOVD W_
1.
MINE NAME •- �. ra �r.3
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2. MINING PE
3.
OPERATOR ,. f• . ,,, �+ � ,.,,,
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4. COUVO4 Y..
5.
ADDRESS a �r-r 4 •--.
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PERMIT EXPIRATION DAT o0 3
7
Person(s) contacted at site M r
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... - .
-8. Was mine operating at time of inspection? es ❑ No 9. Pictures? ❑ Yes UKo
10. Date last inspected: /_ 31 93 11. Any mining since last inspection? IrYes ❑ No
12. fs the mine in compliance with the Operating Conditions of the Permit? ❑ Yes Bigo
If no, explain: ,
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13. Is the mine in compliance with the Reclamation Conditions of the Permit? Wes ❑ No
If no, explain:
14. Did any of the above deficiencies result in offsite damage? ❑ Yes o If. yes, describe the type
and severity of the damage:
15. Corrective measures needed and/or take
h t . 4«r 5�e r*r.e cra t
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16. Other recommendations and COm ent$:
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17. Is the Annual ReGamat#gn Report +/- map accurate? ❑ Yes ❑ No (Explain) of Reviewed
18. Follow-up inspection needed? es ❑ No Proposed date / /
19. No. of additional pages of Inspection Report-- -. 20. Copy of Report sent to.operator SI I
(date)
INSPECTED BY: DATE 50' I ;or 1 Q 3
Phone No: ( Q 1 ll ) 4 fr S¢� .. _. 4_
White copy to rile
Yelbw copy to operator
Pink copy to Mining Specialist
' 9i91

STATE OF NORTH CAR OLINA
DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
A -LA
E:) F-= � R
FAX TRANSMITTAL COVER SHEET
DATE: 1/ 30 - 4 3
FROM. -
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
P.O. BOX 27687
RALEIGH, NORTH CAROLINA 27611
[phone]
FAX NUMBER: 733 2876
COMPANY/DEPARTMENT:
PHONE NO.:
FAX NO.:
COMMENTS: A
WE ARE TRANSMITTING __ // PAGES INCLUDING COVER SHEET.

April 21, 1993
N992RAMDUM E C E@ V E D
TO: Tony Sample APR 2 2 1995)
FROM: Joe Glass
LAND QUALITY SECTION
SUBJECT: Mining Permit Application
Perry Merritt, Jr., Merritt Brother Mine
Bladen County
We have completed our review of the above referenced application. Listed
below are our comments:
1. Some type of map is needed to show the location of the proposed
tract for mining in relation to the overall property owned by
the Merritts.
2. Cally Creek should be located on the map as well as the pro-
posed 300-foot buffer adjacent to the creek.
3. There is a possibility that wetlands may be involved on the
southwest corner.
4. The 12-inch culvert on the southwest should be more specifi-
cally located.
5. All existing water areas should be shown on the mine map.
Also, a cross-section at the location of the 12" culvert and
other appropriate information should be provided to show that
this is adequate as a sediment control device.
6. Do we need notification of all property owners that adjoin the
overall tract?
7. The application has not been forwarded to DEM. We will do so
and send comments to you.
If there are questions or if further field review is needed, please
contact Brooks Cole or myself.
JEG/tf

APR 23 '93 12:07 NRCD DCA/FAYEiTEVILLE
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EHNR FAYETTEVILLE RECIONAL OFFICE
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ATTENTION;�
COMPANY DAME
AND LOCATION:
NUMBER OP PAGES BEING SENT INCLUDING COVER PAGE:
FROM � C r t� �, ✓�5�
FAX PHONE NO.: [phone]
OUR ADDRESS IS:
Suite 714, Wachovi.a Building
Fayetteville, NC 28301--5043
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APR 23 '93 12:07 hIRCD DCA/FRYETTEVILLE 721 P02 �
DEK COMMENTS
Project: _ 11�2�r �7 �,+ c} tit County: _Anri
0
Due:
W-&-ter oualityIssues:
7. Watershed/Stream Name and Classification: a,� "
Oi.L Y (r-lirrr g
2. Fermi. YES NO
NPDES Permit Required
NPDES Permit Existing
Nondischarge Permit Required
Nondischarge Permit Existing
3. Wetlands:
Wetlands Disturbed
401 Certification Required
Air, 9vali Issues:
Air Permit Required g
d--)e-
Air Permit Existing ✓
Groundwater Issues:
Well Permit Required
Well Permit Existing ^' C*
Groundwater Contaminati P.. m
Comments- G tv"-'V A �+r
Signed
Date
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/ �'! S I "",Y.�! / �"a � , F' f I � �� r.+i C � / ` �y ��• �' }rye I � /1 ~ C`,�" Cf / � F' � � � l G I

State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor April 21, 1993 Jonathan R Howes, Secretary
Mr. Perry Merritt, Jr.
Route 1, Box 177
Harrels, North Carolina 28444 '
RE: Merritt Brothers Mine
Bladen County
Dear Mr. Merritt:
Your application for a mining permit for Merritt Brothers in
Bladen County has been reviewed. Enclosed is a draft of the
mining permit proposed by the Department. The conditions in the
draft permit were based primarily upon information supplied in
your application with conditions added if necessary to ensure
compliance with The Mining Act of 1971. 1 would like to draw
your particular attention to Operating Condition No. 4.E. of the
draft permit.
Also enclosed is a form for your use in securing the
required $25,000.00 surety bond. For your convenience, i have
enclosed a bond form and an assignment of a savings account form.
The name on the bond or assignment form must be the same as the
name appearing on the application for a mining permit. In
addition to one of these alternatives you may, upon request,
substitute a cash deposit, mortgage of real property or
negotiable securities.
Please review the draft permit and contact this office
shooed you have any objection or question concerning the permit
conditions. G.S. 74-51 provides the operator 60 days following
the mailing of application approval notice in which to file the
required surety.
The permit will be issued when the required surety has been
received. No mining may be conducted until the permit is issued.
G.S. 74-64 states that the issuance of a mining permit does not
supercede local zoning regulations. The responsibility of
compliance with the applicable zoning regulations lies with you.
P.O. Box 27697, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX # 919-715,tW
An Equal Opportunity Affirmative Action Employer
WSn ra7ded ffl% pmsv er paper

Mr. Merritt
April 21, 1993
Page 2
Furthermore, the issuance of this draft permit does not
preclude the assessment of a civil penalty for mining without a
permit or for other violations committed prior to the issuance of
this mining permit.
Please advise at [phone] if you should have any
questions concerning this matter.
Sincerely,
r'ac Davis E.I.T.
Y ,,
Mining peciaiist
Land Quality Section
TED/tls
Enclosure
cc: Mr. Joe Glass

D EPARTMENT O F ENV= RONMENT
HEALTH AND NATURAL
RE SOURCE S
D 2 V= S= ON O F LAND RESOURCE S
T-�►�D QUAL=TY SECT24N
,.d
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P IEIRMX T
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:
Perry Merritt Jr.
Merritt Brothers Mine
Bladen County - Permit No.*
for the operation of a
Sand 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.
MIMING PERMIT EXPIRATION DATE:

u
i F

Page 2 of 8
In accordance with the application for this mining permit, which
is hereby approved by the Department of Environment, Health 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.
Expiration Date
This permit shall be effective from the date of its issuance
until *.

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Page 3 of 8
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:
1. 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 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 Water
Quality Section, Division of Environmental Management,
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.
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 300 foot unexcavated) shall
be maintained between any affected land and any
adjoining waterway to prevent sedimentation of that
waterway from erosion of the affected land and to
preserve the integrity of the natural watercourse.
B. Any mining activity affecting wetlands shall be in
accordance with the requirements and regulations
promulgated and enforced by the U. S. Army Corps of
Engineers.
4. A. Adequate mechanical barriers including but not limited
to diversions, earthen dikes, brush barriers, 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 or natural watercourse in proximity to the
affected land.

Page 4 of 8
B. A rip rap and gravel horse shoe filter shall be
installed, as per the attached construction details, at
the pit end of the 12 inch culvert located in the
southwest corner of the permit area.
C. All drainage from the affected area around the mine
excavation shall be diverted internal to said
excavation.
D. All mining permit boundaries (36.126 acres) at the mine
site shall be permanently marked on 100 foot intervals
unless the line of sight allows for larger spacing
intervals.
E. Within 30 days of the regeipt gf this mining permit, a
map shall be submitted to the Department indicating the
locations of the tract/property boundaries, Calley
Creek and the mining permit boundaries. The adjoining
land owners shall also be indicated on the map.
D
5. 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 offsite damage
because of siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to
restrain such erosion.
6. 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.
7. Existing vegetation or vegetated earthen berms shall be
maintained between the mine and public thoroughfares
whenever practical to screen the operation from the public.
8. Sufficient buffer (minimum of 20 foot undisturbed) shall be
maintained between any excavation and any mining permit
boundary line or right -of --way to prevent caving of adjacent
property and to allow grading of the side slopes to the
required angle.

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Page 5 of 8
9. 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 Solid Waste
Management and the Land Quality Section, Department of
Environment, Health 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 Solid 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.
10. 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.
11. 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 or
any approved revision to it. Approval to implement such
changes must be obtained from the Department prior to on -
site implementation of the revisions.
12. The security which was posted pursuant to N.C.G.S. 74-54 in
the form of * is sufficient to cover the operation as
indicated on 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.
13. 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 6 of 8
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:
M'n' um StandardsStAndards As P ovided 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, likely to become noxious,
odious or foul.
5. The revegetation plan shall conform to accepted and
recommended agronomic and reforestation practices as
established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to
the Reclamation Plan herein incorporated. These activities
shall be conducted according to.the time schedule included
in the plan, which shall to the extent feasible provide
reclamation simultaneous with mining operations and in any
event, provide reclamation at the earliest practicable time
after completion or termination of mining on any segment of
the permit area and shall be completed within two years
after completion or termination of mining.
RECLAMATION CONDITIONS:
1. Provided further, and subject to the Reclamation schedule,
the planned reclamation shall be to restore the mine
excavation to a lake area and to grade and revegetate the
adjacent disturbed areas.

page 7 of 8
2.
The specifications for surface gradient restoration to a
surface suitable for the planned future use are as follows:
A. The lake area shall be excavated to maintain a minimum
average water depth of four feet.
B. The side slopes to the lake excavation shall be graded
to a 3 horizontal to 1 vertical or flatter above the
water level and 1 1/2 horizontal to 1 vertical or
flatter below the water level.
C. Any areas used for wastepiles, screening, stockpiling
or other processing shall be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the
mine site. On -site disposal of waste shall be in
accordance with Operating Condition 9A and B.
E. The affected land shall be graded to prevent the
collection of noxious or foul water.
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be
revegetated as per the Revegetation Plan approved by Mr.
Samuel G. Warren, District Conservationist with the Soil
Conservation Service, wrongly dated March 3, 1983, with the
following additions:
Permanent Seeding Specifications
Da t e s
February 15- April 1
April 1- July 31
August 1- October 25
October 25- February 15
Species Rate,
bs c e
Korean Lespedeza
10
Weeping Lovegrass
2
Redtop
1
Winter rye (grain)
15
Common Bermuda
50
Lespedeza (unscarified)
30
German millet
40
Rye (grain- temporary)
120
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.

Page 8 of 8
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.
Permit issued this * day of *, 19*.
By:
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment, Health and Natural Resources

\\
J_� \ CLASS I RIP RAP (SEE SECTION T RU B411$ B L / �� - de
-�INi
1 \X PIP IP RAP HEADWALL
FILTER BERM'
/� / // f f # 5 WASHED STONE. I' THICK c 3' HIGH MIN.
STORAGE AREA--.,---
�-
PERSPECTIVE -VIEW,
NO SCALE
<—AREASSEDIMENT STORAGE ZONE PIPE INVERT
F
(CYTfI BE LL[G,fTC.) fL00D STORAGE LONE Rt► RAP HEADWALL GRAVEL & RIP RAPTILTER BERM BASIN DETAIL
[, TO PROTECT EXISTING PIPE INVERTS
ATURALOROYNO THAT DRAIN 10_ACRES OR LESS_
KRIL+ DIMENSIONS AR
MINIMUM ACCEPTABLE CLASS I RIP RAP
UNLESS OT14EAVISE
NOTED. #$ WASHED NONE
MAX. SEDIMENT DEPTH (CLEM OUT POIXn �T
SECTION THRU BA IN FILTER AND C
NO SCALE
PREPARED BY+ WAKE COUNTY COMMUNITY DEVELOPMENT SERVICE
lan onv Kin eAl c��u U r gYen4 t>'unur 7SS.ee:c

i
JOHNSON AND JOHNSON
ATTORNEYS AT LAW
302 W. BROAD STREET
POST OFFICE BOX 2212
ELIZABETHTOWN, NORTH CAROLINA 28337
W. LESLIE JOHNSON, JR.
THOMAS M. JOHN50N
April 28, 1993
Mr. Tracy E. Davis
Mining Specialist
Land Quality Section (Room 519)
Dept. of Environment, Health &
Natural. Resources
512 North Salisbury Street -
Raleigh, NC 27604
Re: Merritt Brothers Mine
Bladen County
Dear Mr. Davis: N
RECElVED
APR 2 9 199�TE1LEPHON 52
LAND QUALITY SECTION
As per our telephone conversation, please find enclosed the
original Assignment of Certificate of Deposit and a copy of the
actual deposit from NationsBank.
Please fax me a copy of the permit [phone], so I can call my
clients and inform them that they can go to work. They have been
out of work for over a month: You can mail the actual permit to
them.
Thank you for your help and consideration.
Best regards,
:Sincer4l ,
eslie,
WLJjr/pmp
cc: Mr. Perry Merritt
ohnson, Jr.

,C.FI vF
APR 2 9 1993
ASSIGNMENT OF SAVINGS ACCOUNI'
LAND QUALITY SE�rr�,�
This Assignment, made and entered into the 2 i�r_h day of , "ril , 19 93 ,
by and between MERRITT BROTHERS of Route 1, Box 177
(operator) address
City of Harrells , County of Bladen , State of
North Carolina and the North Carolina Department of Environment, Health, and
Natural Resources; and
WHEREAS, The undersigned MERRITT BROTHERS (hereinafter
(operator)
referred to as "Operator") is desirous of engaging in mining operations in the
State.of North Carolina and such mining operations are subject to the previsions
of the Mining Act of 1971, Article of 1971, Chapter 74 of the General 'Statutes of
North Carolina; and
WAS, NCGS 74-50 requires that mine operators obtain.a permit from the
Department of Environment, Health, and Natural Resources (hereinafter referred to
as "Department") before engaging in mining operations, and NCGS 74-54 requires
that a surety bond in favor of the State be maintained or other security be filed
with the Department, in connection with said permit; and
WHEREAS, Operator has a savings account in NATIONSBANK
(bank name)
at P.O. Box 97 , City of Elizabethtown ,
(address)
County of Bladen , State of North Carolina, Savings Account
No. ; and
WHEREAS, NCGS 74--54 authorizes the Department to accept frcm- Operator , an
assignment of a savings account in a North Carolina bank, in lieu of a surety
bond;
NOW, THEREFORE, in consideration of the premises and the Department ,
accepting an assignment of said savings account in lieu of a surety bond, the
undersigned Operator does hereby sell, assign, transfer, set over to the
Department of Environment, Health, and Natural Resources
TWENTY FIVE THOUSAND dollars ($25,000.00) of the sums on deposit in his name
(Follar amount written)
in NATIONSBANK , City of
(bank name)
Elizabethtown
State of North Carolina, Savings Account No.
County of Bladen
and further authorizes NATIONSBANK
(bank name)
to pay over to the Department of Environment, Health, and Natural Resources the
-above sum of TWENTY FIVE THOUSAND dollars ($25,000.00 ) out of the above
money.6eposit in the above account in his name.

Certificate DepositNationsBas (Non-Negotiable/Non-TMe, AutomatIAyjFenPa4
NationsBank of North Carolina,
Document Control Na 60644 9547676
2 � �4Q3
A 7 3 8 9 5 4 This is to certify that there has been deposited with the EL I ZABETHT
TY
MaTN office of NPlIvu �atio `-O kr[l94m of
DOLLARS-ANDCENTS*************** Dollars
This is a multiple -maturity time deposit At each maturity date, with NationsBank's consent, it will automatically renew for a period equal to the initial term upon such
terms and conditions as are then in effect for NationsBank certificates of this type, unless you redeem this certificate on or before the seventh day after the maturity date
then in effect You can obtain the renewal interest rate by contacting any NationsBank office. NationsBank reserves the right to redeem this certificate on any maturitydate
Payable only upon presentation and surrender of this certificate on any maturity date. This Certificate is not transferable, except as otherwise provided herein. No transfer
of this Certificate, or any portion hereof, shall be valid or effective until such transfer has been istered n the book and records of Nationsliank. re
Rankinif IteprLhentative Duo:
Disclosure of Early Withdrawal Penalty INTEREST IS COMPOUNDED DAILY
You have contracted to keep funds on deposit for the stated maturity or maturities shown above, If you withdraw all or part of the funds on delwsit before any such maturity
date, with the consent of NationsBank, you will be subject to a substantial penalty. The penalty for such early withdrawal is:
Time Deposits with Maturities of 1 Year or Less - You must forfeit an amount equal to 3 months of interest earned, or that could have been earned, at the nominal
(simple interest) rate being paid, if the amount withdrawn had remained on deposit until maturity.
Time Da osits with Maturities of More Than 1 Year - You must forfeit an amount equal to G months of interest earned, or that could have been earned, at the
nominal (simple interest) rate being paid, if the amount withdrawn had remained on deposit until maturity.
The withdrawal of funds following the death or legal incompetence of any of the Depositors, however, shall not be subject to any penalty. Any amendment to this Certificate
which results in an increase of interest to be paid or a reduction in any maturity date, shall constitute "a withdrawal of a time deposit before maturity" and shall be subject to
the early withdrawal penalty described above.

N.C. Department of Environment, Health, and Natural Resources
Division of Land Resources, Land Quality Section
Duic:_IJ. i3j � -3
Telephone Log
Sheet -I of I
Time: ❑ am Call: Placed p Received
❑ Pm Returned ❑
1. Project: �ilA► > !Lrd. N'� i�.
1 - - - —County: -�
2. Conversation with: Telephone: ( )
3. Affiliation:
E. Content of conversation:
r,Jo-a Bad.. , O-� /ac.`v" 6-sg Ad4 4v) ,.t&4 .'oJ
S7 �►,a �,R. uJ Ax, Q► �0 +'� •�..� _ �i '4 a.La— a Lft- / /fit Qa—
cc: ;5!�L irla... `l-7u''Ls - Filed by:

APR 21 '93 09:27 ;NRCD DCA/FAYETTEVILLE 705 P01—
Post-It'v brand f arlsmittal memo 7871 # of pages ►
Ta Fram
F D LS
Co.
o.
Dent. n _.
M
April 21, 1993
TO: Tony Sample
FROM: Joe Glass
SUBJECT: Mining permit Application
Perry Merritt, Jr.,, Merritt Brother Mine
Bladen County
We have completed our review of the above referenced application, Listed
below are our. comments:
1. Some type of map is needed to show the location of the proposed
tract for mining in relation to the overall property owned by
the Merritt$.
2. C.411y Creek should be located on the map as well as the pro-
posed 300-foot buffer adjacent to the creek,
3. There is a possibility that wetlands may be involved on the
southwest corner.
4. Tho 12-inch culvert on the southwest should be more specifi-
cally located.
5, h1l existing water areas should be shown on the mine map.
Also, a cross-section at the location of the 12" culvert and
other appropriate information should be provided to show that
this is adequate as a sediment control devise:.
6. Do we need notification of all property owners that adjoin'the
overall tract?
7. The application has not been forwarded to DE14. We will do so
aria selld Gommerlrs to you.
If there are questions or if further field review is needed, please
contact Brooks Cole or myself.
JE(U/ tf

i25

MENNEN
vi
171
tT�'

DATE TO ASSISTANT DATE TOSSAN
LOGGED IN
AlEgNG CHECKLIST FOR ROUTING
r
Company %0err•i MerY; Yt Sr Project Name %n'-yr;tt" 713 t" A--t- �
Permit No. AVAR County 2)4�ea/ Date Received SI -►Z-13
Reviewer�-
a Please make copies of check to include with Central Office and
Field log -in files and loin checks.
*[A New ❑ Renewal ❑ Modification ❑ Transfer ❑ Release
❑ Additional Information
Please route to:
l[J F7
©f ,
Wildlife Resources Co
* E Archives and History
Other: �� TI►r*
suspense Date for Comments:
not on weekend)
❑ Please note the following:
r-
*SUSAN• Please
White Copy to Field
Fee Needed
y-i6,- y3
l +30 days,
0

q�'D is STAT[ q,
aG r.
tin i� i
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street * Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor April 14, 1993
Jonathan & Hawes, Secretary
To: Mr. Dennis.Stewart
Habitat Conservation Program
Wildlife Resources Commission
From: Susan B. Edwards $&
Mining Program Secretary
Land Quality Section
Coordinator
Re: Mining Permit Application Request for Perry Merritt, Jr.
Merritt Brothers Pit
Bladen County
Please find attached for your review a copy of the mining permit
application for the above referenced project.
Please review this information and advise as to the probability of this
operation having unduly adverse effect on wildlife and freshwater fisheries
(G. S. 74-51 (2)). Please respond as soon as possible so that we may
complete our review of this request within our statutory time limits.
As is the case in our review of all mining permit applications, renewals
and modifications, this office will carefully review all proposed erosion and
sediment control measures to ensure that they are sufficient to restrain
erosion and off -site sedimentation. However, any comments your.agency can
provide regarding effects on wildlife and freshwater fisheries would be
greatly appreciated. If your staff wishes to perform a site inspection, it
is recommended that they contact the person submitting this request to set up
a convenient date and time. Also, please send a copy of your comments to the
person noted in the application.
Your continued cooperation in'the review of these type requests is
greatly appreciated. Please contact Mr. Tony Sample at [phone] if you
have any questions.
Pi-3�
Attachments
cc: Mr. Joe Glass
P.O. Box 27697, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX # 919-715"
An Equal Opportunity Afflrmative Action Employer
Oa
7CC3 M%r8rydrd/10%POO_C�WP9W

JOHNSON AND JOHNSON
ATTORNEYS AT LAW
302 W. BROAD STREET
POST OFFICE BOX 2212
ELIZABETHTOWN, NORTH CAROLINA 28337
W. LESLIE JOHNSON, JR.
THOMA5 M.JOHNSON April 7, 1993
Mr. Steve Levitas
N.C. Dept. of Environment,
Health and Natural Resources
512 N. Salisbury Street
Archdale Building
Raleigh, NC 27604-1148
Re: Application for Merritt Brothers for1.1ining Permit
Dear Mr. Levitas:
OFFICE OF 'iHE UEPUlY SECRETARY
►A%%P�RR 12 I91f:j
AL CJ �/
ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
TELEPHONE
OL - 1919) 1362-2252
Please find enclosed the application, map and check for Merritt Brothers mining
permit.
As you are aware, Merritt Brothers haul sand and clay, here in Bladen County and
have been doing so for over fifty years, out of the same location. This dirt hauling
business is their only income and as you are aware, they have been stopped, pending
approval of this mining permit. I personally went over the application with Mr.
Joseph Glass and Mr. Brooks Cole and I don't think you will find any problem with
the application as it is now filled out. We will of course, obtain a bond as soon
as you give us your consent. We would certainly appreciate you expediting this
matter, at your earliest possible convenience so that'my clients can get back to
work. They have no other way of supporting their families and as stated, they
have been out of work now for approximately two to three weeks.
If there is any question, at all, about the permit, I would appreciate you calling
me collect at your earliest possible convenience. I will also be in touch with
you through Senator Tony Rand and Edd Nye and other representatives from Bladen
County.
Again, thank you for your cooperation and we look forward to hearing from you at
your earliest possible convenience.
Best regards,
SincjereM,
. Leslie /ohnson, Jr.
WLJjr/pmp
cc: Mr. Tony Rand
Mr. Edd Nye
Merritt Brothers

-MERRITT;BROTHERS FARM
r l 4 0 7 0
"RT. 2 BOX,518 5884801' 1 - ,s
ELIZABETHTOVk NC 28337
aN2.
W25/531
`v. 93.
V �O
'.OQIlTL•
tAi
/1��.' C� C.6/� LiA�G� I
d
+ r
NaiionsBank'
Natioof N isdank oorth Ciroli",N.A. L
Elizabethtown, NC28337 _ f;
A,nyo /,.4 f, one

APPLICATION FOR
NORTH CAROLINA MINING
PERMIT
State of North Carolina
Department of Environment,
Health, and Natural Resources,
Division of Land Resources,
Land Quality Section
P.O. Box 27687
Raleigh, North Carolina 27611
[phone]
REV. 11/90

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NA'.nIRAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
' • I. Name of Mine Merritt Brothers
r.
2. Name of Applicant Perry Merritt, Jr.
County Bladen
3. Permanent address for receipt of official mail.. Rt. 1, Box 177,
Harrells, North Carolina 28444
*Telephone [phone]
4. Mine Office Address Same
Telephone Same
5. Mine Manager Same
We hereby certify that all details contained in this Permit Application
are true and correct to the best of our knowledge. We fully understand that
any willful migrepresentation of facts will be cause for ,permit revocation.
P**Signature Date 4- - g
Print Name Perry Merritt, Jr.
Title Manager
*The Fund Quality Section should be notified of change in permanent address or
telephone number.
*Signature of company officer required.
G.S. 74-51 provides that the Department shall grant or deny an application for a
permit within 60 days of receipt of a complete application or, if a public hearing
is held, within 30 days following the hearing and the filing of any supplemental ,
information required by the Department. All questions must be addressed and all
required maps provided before this application can be considered complete. Attach
additional sheets as needed.
i
1

0 ®1
APPi,ICATION FOR A MINING PERMIT
A: GENERAL CHARAC.'TERISTICS OF MINE.
1. Total acreage at site covered by this permit application:
Acres owned 36.126 Acres leased Property owner if leased
2. Name of all materials mined: Sand; Sand Clay
3. Mining method: Hydraulic Dredge Underground
Truck X D.r.agl.ine % Truck Self -loading Scraper
other (explain)
Shovel &
4. a. Expected maximum depth of mine (feet) 12 to 14 Reference elevation:
b. Expected average depth of mine (feet) 12 to 14
5. Has any area(s) at this site been mined in the past? Yes X No_ If no, pro-
ceed to Question 6.
a. Acreage of previously affected land(s) at present site that has not been
reclaimed: 6 acres (identify all areas on your mine map).
b. When and by whom was this activity conducted? Merritt Brothers_.
c. Acreage of previously affected land at present site that has been reclaimed:
-0- acres (identify all areas on your mine map).
d. When and by whom was this activity conducted? N/A
e. Do you wish to exclude any areas noted in 5a or c from this permit application?
Yes No If yes, how much? acres (identify all
areas on your mine map).
6. Present (premining) use of the -land (estimate -acreage for each):'�
Cropland ac Pasture ac Forestry X ac Fish/Wildlife ac
Recreation ac Other ac
7. Proposed land use after mining and reclamation has been completed
'('estimate acreage for each):
Cropland ac Pasture ac Forestry 26 ac Fish/Wildlife 10 ac
Recreation ac Other ac
B. DETERMINATION OF AFFECTED ACREAGE AND BOND
1. Number of years for which permit is requested (10 years maximum). 10
2. Total affected acreage to be disturbed during initial year of operation:
a.
Area
used
for
tailing ponds
-0-
acres
b.
Area
used
for
stockpiles
�0_
acres
c.
Area
used
for
waste piles
-0-
—acres
d.
Area
used
for
processing plants and onsite haul roads
2
acres
e.
Area
of mine excavation(s),
2
acres .i
f .
TOTAL a-e
4
acres
3. Estimate the maximum amount of land to be disturbed and unreclaimed
at anv one time during the life of the permit. 36.126 acres
2

APPLICATION FOR A MINING PERMIT
4. Check acreage to be bonded": Total affected acreage figure from B2f OR B3 (page 2)
whichever is :Larger, equals acreage to be bonded. (See 15A NCAC 5B.0003 for bond
amounts.)
0 - 4.99 acres 10 - 24.99 acres
5 9.9g acres X 25 acres
5. a. will you file a blanket bond or other security covering all of your
mining operations in North Carolina? Yes_ No X
b. Have you already filed a blanket bond or other security? Yes_ No X
6. mist any mining permits previously issued to the applicant. N/A
C. PROTECTION OF NATURAL RESOURCES
1. a. Will the operation involve washing the material mined, recycling process water,
or other waste water handling? Yes No X If yes, briefly
describe all such processes including any chemicals to be used.
b. will the operation involve dewater,ing the mine or discharging fresh or waste
water from the mine or plant. Yes X No If yes, briefly
describe the nature of the discharge and locate all proposed discharge points
on your mine map.
Natural drainage through pipe- See map at the Western most corner of map
entitled :iCulvert"
C. If you answered yes to either la or lb, provide evidence that you have applied
for or obtained a.water.quality permit from the Division of Environmental
Management, Water Quality Section.
�*In lieu of the surety bond required by this section, the operator may file with the
Department a cash deposit, negotiable securities, a mortgage of real property
acceptable to the Department, or an assignment of a savings account in a North
Carolina bank on an assignment form prescribed by the Department. The amount of
land disturbed and unreclaimed at any one time must not exceed the bonded amount.

0
10
t
APPLICATION FOR A MINING PERMIT
2. a. Will the operation involve crushing or any other air contaminant emissions?
Yes No X if yes, indicate evidence that you have applied
for or have obtained an air quality permit issued by the Division of
Environmental Management, Air Quality Section or local governing body.
b. How -will fugitive dust from stockpiles, -haul roads, etc. be controlled?
Use of water truck as needed
3. Describe in detail the chronological sequence of land disturbing activities and
reference the sequence to the mine map(s). - Attach additional sheets as needed.
"See Map"
Sand will be hauled first from the north end of the old pit; and clay
will be hauled first from :the western cernter of pit.
4
h

M
APPLICATION FOR A MINING PERMIT
4. a. How wide a buffer will be maintained between any mining activity
and any adjoining property or highway right-of-way? Show -all buffers on mine
maps).
Will stay 300; from Colly Creek and other adjoining property lines.
b. Describe other methods to be taken during mining to prevent physical hazard
to any neighboring dwelling house, public road, public, commercial or
industrial building from any mine excavation. Locate all such structures on the
mine map if they are within 300 feet of any proposed excavation.
None in area
c. Describe -what kind of barricade will be used to prevent inadvertent public
entry along any high wall area and when it will be implemented.
There will be no high wall, slopes will be maintained at 2 to 1 slopes,
adequate gate at entrance.
5

40 40
APPLICATION FOR A -MINING PERMIT
5. Describe specific erosion and sediment control measures to be taken during
miiiing to prevent offsite sedimentation (include specific plans for erosion
control for mine excavation(s), waste piles, access/mine roads and process areas),
and give a detailed sequence of installation. Locate and label all erosion and
sediment control measures on the mine map. Engineering designs and calculations
shall be required when needed to justify the adequacy of any proposed measures.
Lower holding pond is functioning as a sediment basin and is adequate.
o a. Describe methods to prevent landslide or slope instability adjacent to
adjoining properties during mining.
Maintain 2 to 1 slopes, no adjoining properties
b. In excavation(s) of unconsolidated (non -rock) materials, specify the angle
of all slopes including specifications for benching and sloping.
N/A
c. In hardrock evacations, specify proposed bench widths and heights in feet.
_ NIA .;
0

•
0
APPLICATION FOR A MINING PERMIT
7. Are acid producing minerals or soils present? Yes_ No_ If yes, list all such
minerals, their relative abundance and indicate their location(s) on the mine
rflap. How will acid water pollution from the excavation, stockpiles and, waste
areas be controlled?
i - N/A
8. Describe specific plans (.including a schedule of implementation) for screening
the operation from public view such as maintaining or planting trees, bushes
or other vegetation, building berms or other measures. Show the location of
all visual screening on the mine map and provide cross -sections through all
proposed berms.
The area is surounded by larger area of land and is not visable from
public view.
9. Will explosives be used? Yes_ NoIf yes, specify the types
of explosive(s) and describe what precaution(s) will be used to prevent
physical hazard to persons or neighboring property from flying rocks or
excessive air blasts or ground vibrations. Locate the nearest offsite
structure(s) to the proposed excavation(s) on the -mine -map.
N/A
7

APPLICATION FOR A MINING PERMIT
10. a. What is the pre --mining depth (in feet) to the seasonal high and low ground
water tables? High 20 ft. Low ft. What is the source(s) of this
information?
Have dug in area for 20 years, on site digging
•i
b. Will any part of the proposed mine excavation(s) extend below -the water table?
Yes No X If yes, do you intend to dewater the excavation(s)? Yes_
No If yes, what impact, if any, will mine dewatering have on neighboring
wells? Locate all existing wells on the mine map that lie within 500 feet of
the proposed permit area. Provide data to support any conclusions or
statements made.
11. Will fuel tanks, solvents, or other chemical reagents be stored on -site?
Yes_ Now. If yes, describe these materials and how they will be stored
and show the location(s) of all storage•facilities on the mine map.
N
N.

APPLICATION FOR A MINING PERMIT
D. RECLAMATION PLAN
1. Describe your intended plan for the reclamation.and subsequent use of all
affected lands and indicate the general methods to be used in reclaiming this
land. This information must be illustrated on a reclamation map.
Will leave small lake, at southern most end of property. Planting grass -on
the other areas.
2. d. Is an excavated or impounded body of water -to be left as a part of the
reclamation? Yes X No If yes, illustrate the location of the body(s)
of water on the reclamation map and provide -a scaled cross -sections)
through the proposed body(s) of water. Will the body(s) of water be stocked
with fish? Yes X No� If yes, specify species.
Catfish, Brim and Bass
b. Describe provisions for prevention of noxious, odious or foul water
collecting or remaining in mined areas. Provide details on any permanent
.cater outlets.
All lake area will be 4' deep.
W

i •'
APPLICATION FOR A MINING PPRMIT
RE{CURATION PLAN
3. Describe provisions for safety to persons and to adjoining property in all
completed excavations in rock including what kind of permanent barricade
will be left. The location of the barricade must be shown on the reclamation
map.
N/A
4. a. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or
other such on -site mine waste areas, including specifications for benching
and sloping.
N/A
b.. Are any processing waste, overburden or other such mine wastes to be disposed
of off -site? Yes No X If yes, describe in detail what these
wastes are and how they will be disposed. Attach a separate site map(s) showing
the location(s) of the disposal area(s). Include all specifications for erosion
and sediment control.
14
10

• 0
APPLICATION FOR A MINING PERMIT
RECLAMATION PLAN
5. a. Describe reclamation of processing -facilities, stockpile areas, and
unsite roadways.
Road to area will be Left as a�ifarm road.
b. Will any onsite roadways be left as part of the reclamation? Yes X No
If yes, identify these on the reclamation map and provide details on
permanent ditch line stabilization.
See 5:A
6. State the method of reclamation of settling ponds.andfor sediment
control basins.
N/A
8
11

APPLICATION FOR A MINING PERMIT
RECLAMATION PLAN
7. State the method of control of contaminants and disposal of scrap
metal, junk machinery, cables, or other such waste products of mining. (Note
definition of refuse in The Mining Act of 1971). No off -site generated waste
shall be disposed of on the mine site without prior written approval from the N.C.''
Department of Environment, health, and 'Natural Resources, Land Quality
Section and Solid Waste Management Branch or local governing body.
NIA
8. Indicate the method of restoration or establishment of any permanent drainage
channels to a condition minimizing erosion, siltation and other pollution.
Give design details including typical cross -sections of any permanent channels
to be constructed as part of the reclamation plan. Show the location(s) of all
permanent channels on the reclamation map.
N/A
12
1

APPLICATION FOR A,MINING PERMIT
RECLAMATION PLAN
9. Describe your plan for revegetation or other surface treatment of the affected
areas. This plan must include recommendations for time of seeding and the amount
and type of seed, fertilizer, lime and mulch.per acre and general seeding
instructions for permanent revegetation and; if necessary, temporary revegetation.
Revegetation utilizing pine seedlings only is not acceptable. NOTE: Revegetation
Plan must be approved and signed by one of -the following:
(a) Authorized representatives of the local Soil and Water Conservation
District having jurisdiction over lands in question;
(b) Authorized representatives of the Office of Forest Resources, Department of
Environment, Health, and Natural Resources;
(c) County Agricultural Extension chairmen or Research and Extension
personnel headquartered at North Carolina State University in the School of
Agriculture and Life Sciences;
(d) North Carolina licensed landscape architects;
(e) Private consulting foresters referred by the Office of Forest
Resources, Department of Environment, Health, and Natural Resources;
(P) Others as may be approved by the Department.
LIME - RATE OF APPLICATION:
FERTILIZER - ANALYSIS AND RATE OF APPLICATION:
SEED - TYPES(S) AND RATE OF APPLICATION INCLUDING SEEDING SCHEDULE:
"See attached Revegetation-Plan approved by Samuel G. Warren, 3/29/93"
MULCH - TYPE AND RATE OF APPLICATION:
OTHER VEGETATIVE COVERS:
Revegetation and/or reforestation plan approved by:
Signature- elc) ,,4` _
Print Name c/
Title ✓i.s Tx/Gr— &AQ1,c-4-✓,4P7 dn/r,S 7"
Agency Gl.SOA - Sc.-C.
13
Date 3 - L1 - 5 3

APPLICATION FOR A MINING PERMIT
RECT,AM TTON PLAN
10. Provide a schedule of reclamation that indicates the sequence of
reclamation and approximate time frame. If reclamation is to be accomplished
concurrently with mining, then show on the site map.segments that are to be
mined and reclaimed during each year of the permit. Add drawings showing typical
sections or cross -sections and layout of proposed reclamation.
We may be moving on whole area from time to time depending on need for
material. All areas will be grassed when through, except on lake.
E. NOTIFICATION OF ADJOINING LANDOWNERS
1. The "NOTICE" form or a facsimile thereof attached to this application must be
sent certified or registered mail to all adjoining (contiguous) landowners
indicated on mine map unless another means of notice is approved in advance
by the Director, Division of Land Resources.
The completed -"Affidavit of Notification" attached to•,this - application must be
submitted before the application is considered complete.
14

Y
r
z.
i
SCS-CONS-5A
INVENTORY & EVALUATION
of Land, Water, and Related Resources
USDA-SCS
Requested by: Perry Merritt Location: Rt. 1, Box 179
Harrells, NC
Assisted by: Samuel G. Warren, DC Date: March 29, 1993
X Individual _ Group Unit of Government
ATTACHMENT TO MINING PERMIT APPLICATION
RECLAMATION/VEGETATION PLAN
Recommendations:
1. Shape all areas to be seeded with a maximum slope of 2:1. (Generally a 3:1 or
flatter will facilitate use of equipment.) Divert concentrated surface water from
all slopes where practical. Spread topsoil (if available) over area to be
vegetated to enhance establishment.
2. Vegetate all exposed areas as follows:
A. Apply two tons/acre of dolomitic lime and 1000 lb./acre of 10-10-10
fertilizer. Incorporate into top 2-4 inches (where possible).
B. Seed according to date with one of the following:
a. Bahiagrass, 50 lb. /acre, March - June
b. Hulled Bermudagrass, 8 lb. /acre, April - July
c. Unhulled Bermudagrass, 10 lb./acre, Jan. - Mar.
d. Unscarified Sericea Lespedeza, 50 lb./acre,
October - February
C. Mulch with 80 bales/acre small grain straw and anchor with netting or
other suitable method.
3. See attached informational sheet ANC-190-111
REVEGETATION PLAN APPROVED BY:
Signatures :,. , Date 3-29-83
Name SaMuel G Warren
Title District Conservationist
Agency USDA - Soil Conservation Service

1
U.-S. DEPARTMENT OF AGRICULTURE NC-190-111
Soil Conservation Service Rev. March 1990
TREATMENT ON CRITICAL EROSION AREAS
WITH PERMANENT GROUND COVER
A critical erosion area is any eroding, sediment -producing area such as
excessively eroding cropland, cuts, fills, streambanks, landfills, roadbanks,
dams, spillways, borrow areas, and denuded or gullied areas where vegetative
stabilization is difficult by ordinary methods. Stabilizing these areas will
reduce damage from sediment and runoff to downstream areas, and improve
wildlife habitat and visual resources.
Annual soil erosion in excess of 18
to 20 tons -per acre on cropland is
critical erosion for most Borth
Carolina soils.
SOILS
Cut and fill slopes are usually
difficult areas to stabilize and
quickly develop erosion problems
when left untreated.
Usually the soil material on which seeding or, planting is to be done is
infertile, poor in structure and aggregation, low in organic matter and may be
highly acid. This material is highly susceptible to erosion due to slow water
intake and rapid runoff. To aid in overcoming these conditions, organic matter
can be applied in the form of manure, lime applied where needed, and
appropriate commercial fertilizers added. On most sites, four inches of loamy
topsoil applied to the site before seeding enhances establishment of ground
cover and minimizes maintenance.
SITE PREPARATION
Where equipment will travel over the site during plantdng and/or for mainte-
nance after establishment, slopes should be no steeper than 3:1. Where
practical, fill and shape gull.ied areas. Install necessary water control
measures such as diversions, waterways or outlets, subsurface (tile) drainage
and terraces. Remove all debris, such as stones, tree stumps, etc., that may
interfere wlth seeding and maintenance operations.
SEEDBED PREPARATION
Scarify surface to a depth of at least four inches with, a disk or other
suitable method. In some situations, such as drainage ditch banks, spoil banks,
etc., scarification can be excluded if lime, fertilizer, and seed are applied
to the roughened surface within one or two days after earth moving,

1
LIME AND FERTILIZER
The amount, timing, and method of application of lime and fertilizer- materials
are very site specific. These are to be determined by the person providing
assistance from the SCS office, in accordance with guidance in 342-II (May
1988) of the Field Office Technical Guide.
PLANT SELECTION AND SPECIFICATIONS
Select plants which are best suited. In making the selection, keep in mind the
plants' characteristics, climatic adaptation, the intended use, and level of
maintenance required. Suggested time of seeding, rates of seed and mixtures
for specific uses should be obtained from the soil conservationist. Whenever
available, certified seed tested within six months before seeding should be
used. Legumes should be scarified, if necessary, and inoculated with the
proper strain of nitrogen -fixing bacteria before seeding.
When grass is established by using stolons (sprigs or runners), use precaution
to make certain only fresh, moist planting material is used.
SEEDING OR PLANTING
Uniformly apply seed with a drill,
cultipacker seeder or hydroseeder. Seed
may also be broadcast by using a
whirlwind or cyclone seeder or by hand.
Cover the seed 1/4 to 1 inch deep,
depending on the size of the seed, and
firm the soil except where a cultipacker
or hydroseeder is used.
MULCHING
Mulching is a very important step in
establishing vegetation on critical
areas. Mulch will help hold moisture,
protect soil from erosion, hold seed in
place, and keep soil temperatures more
constant. It should be applied
uniformly by mechanical means or by hand. Some bare soil should still be
visible through the mulch. Hay or straw or other fibrous mulches are best for
mulching newly seeded areas. Most mulch materials are subject to blowing and
must be tied down by anchoring or pressing into -the soil. Netting, asphalt
spray, peg and twine, or other methods may be used.
MAINTENANCE
Lime and fertilizer should be applied under a regular program based on soil
fertility test and the use and general appearance of the vegetative cover. In
the absence of a soil test, the following are suggested lime and, fertilizer
rates: One to two tons of limestone per acre every three to five years, and at
least 40 pounds each of nitrogen, phosphorus, and 'potassium (400 lbs. of
10-10-10 or equivalent) per acre annually. Nitrogen may be reduced one-half or
more if legumes are established alone or with grasses.
Care should be taken not to damage the vegetation mechanically through use of
improper mowing equipment or by too frequent and/or close mowing.

A
APPLICATION FOR A MINING PERMIT
AFFIDAVIT OF NOTIFICATION
I, , an applicant, or an agent, or
employee of an applicant, for a Mining Permit from the N.C.Department of Environment,
Health, and Natural Resources, being first duly sworn, do hereby attest that the following
are known owners, both private and public; of the land adjoining the proposed mining site
and that notice of the pending application has been caused to be mailed, by certified or
registered mail, to said owners at their address shown below, such notice being given on a
form provided by the Department:
N/A
(Name) (Address)
(Attach additional list if necessary)
I do also attest that the following individual is the chief administrative officer of
the county or municipality in which the proposed mining site is located and that notice of
the pending application has been caused to be mailed, by certified or registered mail, to
said office at the following address:
(Name)
)Mr. Lex-Jones
(Address)
P.O, Box 1048 Elizabet town NC 28337
The.above attestation was made by me while under oath to provide proof satisfactory
to the Department that a reasonable effort has been made to notify the owners of record of
the adjoining land and the chief administrative officer of the county or municipality in
compliance with N.C.G.S. 74-50 and 15A N.C.A.C. 5B .0004(d). I understand that it is the
responsibility of the applicant to retain the receipts of mailing showing that the above
notices were caused to be mailed and to provide m to the Department upon request.
th
April 5', 1993 / C
Date nature of Applicant
If person executing Affidavit is an agent or employee of an applicant, provide the
following information: (Name of applicant) Merritt Brothers, Perry Merritt, J title of
person executing Affidavit) Manager=
I, Peggy M. Pait a No Public of the County of. Bladen
State of North Carolina, d 4F ertify that Perry Merritt-, Jr.
personally appeared befo Q sp,�and under oath acknowledged that the above
Affidavit was made by i ••,
M
O-� w
Witness my hand d o{
� sea his .5 day .Q 19 93 .
Ali Boco
Notary �a
My Commission expires:
Is.

E
E

APPLICATION FOR A MINING PERMIT
F. MAPS
1. Two copies of the county highway maps and two copies of all mine maps shall be
submitted with each permit application.
County highway maps may be obtained from:
Location Department
State Highway Commission
Raleigh, North Carolina 27602
Clearly mark the location of your mining operation on the county highway maps.
2. Mine maps should be accurate drawings, aerial photographs or enlarged topographic
maps of the entire mine area and of a scale sufficient (see minimum requirements
listed below) to clearly illustrate the following:
a. Property lines of the tract or tracts of land on which the proposed mining
activity is to be located including easements and rights -of -way.
b. Initial and ultimate limits of clearing and grading.
c. Outline of all pits/excavations.
d. Outline of stockpile areas.
e. Outline of temporary and/or permanent overburden disposal areas.
f. Location of processing plants (processing plants may be described as to
location and distance from mine if sufficiently far removed)
g. Location and name of streams and lakes.
h. Outline of settling and/or processing wastewater ponds.
i. Location of planned and existing access roads and on --site haul roads.
j. Location of planned and existing on -site buildings.
k. Location of all proposed sediment and erosion control measures.
1. 100 year floodplain limits.
m. Names of owners of record, both public and private, of all adjoining land.
n. Map legend:
1. Name of applicant
2. Name of mine
3. North arrow
4. County
5. Scale
6. Date prepared
7. Name and title of person preparing map
Map scales must, at a minimum, meet the following guidelines:
SITE SIZE (From Page 2, Al) MAP SCALE
0-29 Acres 1 inch=50 feet
30-499 Acres 1 inch=100 feet
500+ Acres 1 inch=200 feet
r.
MOTE: THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT .ITEMS 2a-n BEING
ADEQUATELY ADDRESSED.
17

APPLICATION FOR A MINING PERMIT
G. LAND ENTRY AGREFARNT
We hereby grant to the Department or its appointed representatives the right of
entry and travel upon our lands or operation during regular business hours for the
purpose of making necessary field inspections or investigations as may be reasonably
required in the administration of this Act.
We further grant to the Department or its appointed representatives the right
to make whatever entries on the land as may be reasonably necessary and to take
whatever actions as may be reasonably necessary in order to carry out reclamation
which the operator has failed to complete in the event a bond forfeiture is
ordered pursuant to G.S. 74-59.
Signature* t
Print Name: Perry Merritt, Jr.
Title: Manager::
Mine : Merritt Brothers
Company:
Merritt Brothers -
*Signature must be the same as the individual who signed Page 1 of this application
for a permit.
**Two 2 copies of the completed application, two ja copies of all maps, and the
appropriate processing fee (see next page for fee schedule),in the form of a check
or money order payable to the North Carolina Department of Environment, Health
and Natural Resoucres must be sent to the Land Quality Section Central Office at the
address listed on the front page of this application form.
18

MINING
A nonrefundable permit application
fee when filing for a new mining permit, a major permit modification or a
renewal permit as follows:
TYPE ACRES**
NEW PERMIT
MAJOR
RENEWAL
MODIFICATION
•
Clay 1 but less than 25
$500
$250
$250
25 but less than 50
1000
500
500
50 or more
1500
-SW
500
Sand & 1 but less than 5 150 100 100
Gravel,
Gemstone, 5 but less than 25 250 100 100
and Borrow
Pits 25 but less than 50 500 250 500
50 or more 1000 500 500
Quarry, 1 but less than 10 250 100 100
Industrial
Minerals, 10 but less than 25 1000 250 500
Dimension
Stone 25 but less than 50 1500 500 500
50 or more 2500 500 500
Peat & 1 or more 2500 500 500
Phosphate
Gold (Heap 1 or more 2500 500 500
Leach),
Titanium &
Others
• A nonreAmdable $50.00 permit application processing fee is mgttimd for minor permit modifications. Minor parnit modirwtiow inelude ownership tranders,
name changes and bond aubsututicns. A minor permit modification also includes lands added to a permined am, ansWe of the mininturn permit buffer am*
mgaircrnertu, where no plus for miring related dines ance of the added lands have boon approved. All other changes am ows; trod major m"ficstions.
•• Act= for new permiu and renewal perw4u means the total sereage at the site. Acres for major modification of permits means that area of land affected by the
modification within the pertninad mina am. pr any additional land that is to be disturbed and added to an rsimai permiwA ama, or bah.. 10/90

ASHEVILLE f .
WINST N-SALEM
, RALEIGU
Richard Phillips, P.E.
Interchange Bldg.
59 Woodfin Place
Asheville, N.C. 28801
Courier - 06-78-16
[phone] (52)
Fax #[phone]
Jerry Cook
919 North Main St.
Mooresville, N.C. 28115
Courier - 13-21-08
[phone] (54)
Fax [phone]
Doug Miller, P.E.
8025 N. Paint Blvd.
Suite 100
Winston-Salem, NC 27106
Courier - 09-27-46
[phone] (58)
Fax # [phone]
John Holley, P.E.
3800 Barrett Drive
P.O. Box 27687
Raleigh, N.C. 27611-7687
INTEROFFICE
[phone] (55)
Fax $ [phone]
Avery
Macon
Alexander
Lincoln
Alamrance
Rockingham
Chatham
Nash
Buncombe
Madison
Cabarrus
Mecklenburg
Alleghany
Randolph
Durham
Northampton
Burke
McDowell
Cates
Rowan
Ashe
Stokes
Edgeccmbe
Orange
Caldwell
Mitchell
Cleveland
Stanly
Caswell
Surry
Franklin
Person
Cherokee
Polk
Gaston
Union
Davidson
Watauga
Granville
Vance
Clay
Rutherford
Iredell
Davie
Wilkes
Halifax
Wake
Graham
Swain
For
Yadkin
Johnston
Warren
Haywood
sylvania
Tra.2
Guilford rd
o
Lee
Wilson
Henderson
Jackson
•
Yancey
*Richard Moore,
Dennis Owenby, *Jan Anderson
Lisa Shepherd, Don, Holebrooks
FAYEITEVILLE
Joe Glass, P.E.
Wachovia Bldg.
Suite 714
Fayetteville, N.C. 28301
Courier - 04-06-25
[phone] (53)
Fax #[phone]
Steve Allred, *Wens Webb *David Ward, Lindy Leonard .
*Brian North, Samar Bou-ghazale, *Lee Spencer, Randy Oakley,
Daphne Cartner Gray Hauser
Dan Sams, P_E.
7225 Wrightsville Avenue
Wilmington, N.C. 28403
Courier - 04-16--33
[phone] (57)
Fax #[phone]
Anson
Moore-
Brunswick
Bladen
Richmond
Carteret
Cumberland
Robeson
Columbus
Harnett
Sampson
Dupli.n
Hoke
Scotland
Montgomery
Gerald Lee, Steve Cook
WASHINGTON
Floyd Williams, P.G.
1424 Carolina Avenue
P.O. Box 1507
Washington, N.C. 27889
Courier - 01-74-29
[phone] (56)
Fax U 919) 975-3716
Beaufort
Jones
New Hanover Bertie
Lenoir
Onslow Camden
Martin
Pen}er Chowan
Pamlico
Craven
Pasquotank
Currituck
Per u mans
Dare
Pitt
Gates
Tyrell
Greene
Washington
Hertford
Wayne
Hyde
Gerald Kraynak, Carol Willer *Pat McClain, Harry Bailey
Ricky Peed
*Tim Holland, Wyatt Brown
Tony Sample
Francis M. Nevils, P.E.
Acting Chief & Sediment Specialist
512 N. Salisbury Street
Raleigh, N.C. 27611-7687
Courier - 52-01-00
(919) 733-457-
Fax #[phone]
Craig Deal, Asst. Sediment Specialist•
Tracy Davis, Mining Specialist
Beth Studenberg, Asst. Mining Specialist
Jim D. Simons, Dam Safety Engineer
Jim K. Leumas, Asst. Dam Safety Engineer
Roxanna Evans - Lead Secretary
Stephanie Vane - Sediment 6 Dams
Susan Edwards - Mining
*DENDIES - ASSISTANT REGIONAL ENGINEERS

i W RECEIVED
N.C. Department or Environment, Health, and Natural Resources
Division or Land Resources, Land Quality Section APR Q 7199
Telephone Log LAND QUALITY SECTlOpi
Date:Sheet --Loi-j—
Timc:� ❑ am Cat1: placed ❑ Received ❑
EX pm Returned V
1. Project: / / ffWA�UZY
County:
2. Conversation with: 2'� � �,, _ _ Telephone: (%rj) ?b w �2�7So,7

rat
' '7
North Carolina Department of Environment. Health, and Natural Resources,
Division of Land Resources, Land Qualit Section
MINE INSPECTION REPORT
(UNPERMMED MINE)
f �
1. OPERATOR e ✓ y vs, 2. COUNTY &_ 3. CASE #
4. LOCATION: 7,0 N op E/, -2 G7411
tJ,� �/ c� w �- � r S �u.-., f4
v r eF .., P �'� 4[ r /�/S n �4 r ,fS -I' Lr
��• /+lv. ri�✓�y l�7f✓y. f/ L%_T_- ! /✓L'X+ f%C' � ••I-✓e���% f✓�C 7—'_41 _�'
5. PERSON (S) CONTACTED AT SITE: Alje. Ae -ez e T`'�
6. TYPE INSPECTION: '
M''A. Initial Inspection
1. Size of affected land: + 74? ac. (attach sketch map)
2. How was this area measured ? Measured by: 15, -- �
❑ B. Follow-up Inspection
1. Date of last inspection 1 I
2. Any mining since that date ? ❑Yes ❑ No If yes, cite evidence of such
mining activity
7. Pictures taken ? ❑ Yes 0'No Taken by:
8. Was mine operating at time of inspection ? ❑ Yes No If yes explain.
9. Is there any off -site damage ? A. ❑ Yes B. ❑ No C. ❑v None observed
If A, describe the type and severity of the damage:_
If 8 or C, is there potential for offsite damage ? El Yes 0'No Explain
10. Corrective measures needed and 1 or taken:
11. Other comments: < 71.,* X
/ .ac �- .. ,,. GJ r.Y .' fe a• d,• � 7�'to C� .s �i J iY t� .77" ��,
f
12. No. of additional pages of Inspection Report 13. Copy of Report sent to operator1,�
INSPECTED BY:--- DATE: 3 / 3n1 !i 3
White copy to file Yellow oopy to operator Pink copy to Mining Specialist
8l89

State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor March 25, 1993 Jonathan R Howes, Secretary
TO: Secretary Jonathan Howes
Deputy Secretary Steve Levitas
FROM: Charles Gardner
SUBJECT: Perry and Winfred Merritt Violation of Mining Act, Bladen County
As requested, I have looked into this matter and have found the following:
1) Merritt Brothers Trucldng was discovered to be mining without a permit on
March 16, 1993. It was an accidental discovery. Contrary to what I told
you on the phone before I had the facts, we were not aware of the
operation before March 16, and there was no attempt by Merritt Brothers
to evade the law.
(2) Two of our inspectors met with Perry Merritt on March 18. He was
cooperative and was surprised to learn of the Mining Act. He said he
would stop mining as requested, but must find a way to continue soon as it
is critical to his business.
(3) The company has mined in this 814-acre tract for 30-40 years, has
disturbed about 50 acres, including about 6 acres within the past few
months.
(4) Some wetlands max have been affected (uncertain). No offsite
sedimentation was observed, though there is some potential for offsite
sedimentation if not property controlled. .
(5) Attached is a copy of the Notice of Violation, issued March 19, along with
the March 16 and 18 inspection reports. Included with the March 19 NOV
was a copy of a Mining Permit application form.
P.O. Box 27687, Raleigh, North Carolina 27611.7687 Telephone [phone] Fax # [phone]
An Equal Opportunity Affirmative Action Employer

MAR 25 '93 09:18 NRCD DCA/F'AYETTEVILLE 576 P05
>ecretary Jonathan Howes
)eputy Secretary Steve Levitas
'age 2
viarch 25, 1993
(6) Attorney Leslie Johnson called our Land Quality Regional Engineer, Joe
Glass, on March 19. Joe explained the Mining Act requirements. He a1s_ o
told Mr. Johnson that Merritt Bros, could legally onen another lit
di:=rbing lessthanog aerr, on another r f land. to getuntil e
obtain their permit on the subject tract.
(7) Joe Glass talked with Leslie Johnson this morning and arranged to meet
with him tomorrow morning in Elizabethtown, at Johnson's office, to go
over the Mining Permit application form.
I believe the Merritt's best course of action is to expedite their permit application
and, in the meantime, to develop a small pit on another tract until the permit is granted.
I understand they own several large tracts in the area. Joe Glass will advise them on
options for help (SCS, private firms) in preparing their application.
Please let me know if this approach is not acceptable to you.
Thank you.

North Carolina Department of Environment. Health, and Natural Resources,
Division of Land Resources, Land Ouality Section
MINE INSPECTION REPORT��,�
(UNPERMITTED MINE)
may.
1. OPERATOR 2. COUNTY�=
4. LOCATION: """ , !s / A/ Z'
Y!r ,�dw, lair 7r -7"7 r. //s41C -2 ':. ,-tf.
5. PERSON (S) CONTACTED AT SITE: n
6. TYPE INSPECTION:
❑ A. Initial inspection
1. Size of affected land: ac. (attach sketch map)
2. How was this area measured ? Measured by:
❑B. Follow-up Inspection
1. Date of last inspection ;2- 1 16 1 Q
2. Any mining since that date ? []Yes ❑ No If yes, cite evidence of such
mining activity
7. Pictures taken ? 0"Yes ❑ No Taken by:
8, Was mine operating at time of inspection ? ©'Yes ❑ No If yes explain.
9. Is there any off -site damage ? A. ❑ Yes B. ❑ No C. 'None observed
If A, describe the type and severity of the damage:
If B or C, is there potential for offsite damage f? Ea'Yes ❑ No� Explain/
4,0 q j. p[J P F f r- c. .s �Y •+, N i J
10. Corrective measures needed and/or taken:
11.Other comments: JJiYp r` - � r ., �. �. /,�r /w_ '4 r/, �. _,�- J- .y A_
12. No. of additional pages of Inspection
/Report 13. Copy of Report sent to operator I I
INSPECTED BY: 4" � „- 9, v)a, _ ("/�. ss - DATE: 3
White copy to file Yellow copy to operator Pink copy to Mining Specialist
wag

1
u UdC�
G
!- i
1
4

0 0 <or,,"
North Carolina Department of Environment, Health, and Natural Resources;` 0 � r
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT AP-1 0 5 is
(UNPERMITTED MINE)
1.OPERATOR 2. COUNTY CASE # SE
4. LOCATION: SX / /
r
5. PERSON (S) CONTACTED AT SITE: ----�-
6. TYPE INSPECTION:
©'A. Initial Inspection
1. Size of affected land: ac. (attach sketch map)
2. How was this area measured 9- Measured by: JA,-
❑ B. Follow-up Inspection o rt ��-
i . Date of last inspection 1 I
2. Any mining since that date ? ❑ Yes ❑ No If yes, cite evidence of such
mining activity
7. Pictures taken ? ❑ Yes ❑ No Taken by:
S. Was of ine operating at lime of inspection ? ❑r "Yes ❑ No If yes explain.
9. Is there any off -site damage ? A. ❑ Yes B. ❑ No C. [D'None observed
If A, describe the type and severity of the damage:
If 8 or C, is there potential for offsile damage ? ©� Yes ❑ No Explain
j 0 / f _
fI r J
10. Corrective measures} needed
and/or taken: f 4
��'�' -- 2 /1 Y Y .. �i�y rt ! /i` •'t Cat spa. 1 /i' , n .,. '.�. i r � H, Y � � ., .-
:.
Q A%b v a. n 6i ?
11. Other comments:
Q t /n r4
dL-r r w .L
12. No. of additional pages of Inspection Report 13. Copy of Report sent to operator
INSPECTED BY: DATE: -z
White copy to file Yellow copy to operator Fink copy to Mining Specialist
8/09

`e'er :'� �.y,., •
i
State of North Carolina
Department of Environment, Health, and Natural Resources
fayettevWe Regional Office
Jam B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
NOTICE OF VIOLATION FOR MINING WITHOUT A PERMIT
March 19, 1993 RECr, V
CERTIFIED MAIL
RETURN RECEIPT REQUESTED ' AR 2 2 100;'
CERTIFIED RECEIPT NO. P 329 279 246 �� �Atrry
SLt.CrIQ,V
Messrs. Perry and Winfred Merritt
Route 1, Box 176
Harrells, NC 28444
Dear Messrs. Merritt:
This is to inform you that you and/or your firm are violating the Mining
Act of 1971 by operating a mine without a permit as required by North Carolina
General Statutes (hereinafter referred to as NCGS) 74-46, et seq., as amended.
On February 16, 1993, and March 18, 1993, personnel of this office
inspected a mining operation being undertaken off of SR 1514 northeast of
White Lake in Bladen County, North Carolina. Personnel of this office have
also determined that you and/or your firm are the operator of this mine.
Pursuant to GS 74-59 of the Mining Act of 1971, no person may operate a
mine without first obtaining a mining permit and also posting a bond to ensure
that the site is reclaimed. Mining is defined by NCGS 74-49 as:
The breaking of the surface soil in order to facilitate or
accomplish the extraction or removal of minerals, ores, or other
solid matter;
Any activity or process constituting all or part of a process for
the extraction or removal of minerals, ores, soils, and other solid
matter from its original location; and/or
The preparation, washing, cleaning, or other treatment of minerals,
ores, or other solid matter, so as to make them suitable for
commercial, industrial, or construction use.
Wadio& BuBdlrig, &ft 714 • r ettrMe, North Cma" 28301-5043 • Tekphone 91948&1541 a VAX 919486.0707
An Eq" Opponwi ly AtRmwdye Ackm Empbyex

r a
Messrs. Perry and Winfred Merritt
Page 2
March 19, 1993
"Minerals" means any soils, clay, coal, stone, gravel, sand,
phosphate, rock, metallic ore, and any other solid material or
substance of commercial value found in natural deposits on or in the
earth CNCGS 74-49(6)).
Because you are in violation of The Mining Act of 1971, you are directed
to immediately halt_ the _above_ mentioned mining operation until you have
obtained a valid mining permit from this Department. Please contact this
office immediately at suite 714, Wachovia Building, Fayetteville,
NC 28301-5043, phone [phone], to indicate your intention to comply with
the Act. In addition, you must take the following corrective actions to bring
this site into compliance:
1. File the attached application for a permit, including a
reclamation plan, within 30 days of your receipt of this
Notice.
2. In the event that your application for a permit is approved,
you must post a bond or other form of security acceptable to
the Department to ensure that the affected area will be
reclaimed when your mining operation has terminated. The bond
does not have to be submitted concurrent with the application
for a permit.
3. As an alternative to filing the attached mining permit
application, you must immediately initiate reclamation of the
entire site and complete the reclamation within 120 days of
receipt of this Notice. Should you choose this alternative,
you must submit within 30 days of receipt of this Notice a plan
detailing the intended reclamation, including a specific
schedule for completion of this work.
Violations of The Mining Act for mining without a permit are subject to a
civil penalty of up to $5,000 per day for each day of a continuing violation.
A penalty may be assessed for violations committed prior to your receipt of
this Notice. A penalty will be assessed for violations committed after
receipt of this Notice. Should you fail to comply with the terms of this
Notice within the prescribed time frames, additional enforcement action will
be taken. Such action may result in the issuance of an injunction or the
imposition of a criminal penalty.
The responsibility for understanding and complying with the requirements
of the Act rests upon the individuals and firms who are subject to its re-
quirements. A copy of the Act and the Administrative Rules are enclosed for
your information.

Messrs. Perry and Winfred Merritt
Page 3
March 19, 1993
The subject site will not be considered in compliance with the Act until
you have obtained a valid mining permit and/or satisfactorily completed the
required reclamation work.
Please do not hesitate to contact Mr. Brooks Cole or me regarding any
questions you may have on this matter.
Sincerely,
1W
oseph E. Glass, P.E.
Regional Engineer
Land Quality Section
JEG/ABC/tf
Enclosures: Mining Pamphlet
NC General Statutes
Administrative Code
Permit -Application
Guidelines on Reclamation Bonds
cc: Tracy-navts

V
North Carolina Department of Environmental Quality,
Division of Energy, Mineral, and Land Resources
MINE INSPECTION REPORT
X PERMITTED MINE SITE ❑ UNPERMTITED MINE SITE
1. MINE NAME: Merritt Brothers 2. MINE LOCATION: White Lake
3. COUNTY: Bladen 4. RIVER BASIN: Cape Fear _ -_ 5. CASE:
6. OPERATOR: Merritt Brothers/Attn: Pegy Merritt
7. ADDRESS: 8906 NC Hwv 41 E White Lake NC 28337
8. MINING PERMIT #: 09-OS . NIA 9. PERMIT EXPIRATION DATE: ® NIA
10. PERSON(S) CONTACTED AT SITE: None
11. PICTURES? ❑Yes X No TAKEN BY:
12. TYPE OF INSPECTION:
❑ A. Initial Inspection (Unpermitted Mine Sites)
1. Size of affected land: ac. (attach sketch map)
2. How was this area measured? Measured by:
X B. Routine Inspection (Permitted Mine Sites)
C. Follow-up Inspection
13. Date of last inspection: 6/30/2017
14. Any mining since that date? X Yes ❑ No If yes, cite evidence of such mining activity:
Excavation and offsite hauling -in progress during the site visit.
15. Was mine operating at time of inspection? ® Yes No If yes, explain: Excavation and hauling were
observed durina the site visit.
16. Is the mine in compliance with the Operating Conditions of the Permit? X Yes ❑ No ❑NIA If
no, explain:
17. Is the mine in compliance with the Reclamation Conditions of the Permit? X Yes ❑ No ❑ NIA If
no, explain:
18. Is there any off -site damage? A. ❑ Yes B. ❑ No C. ® None observed
If A, describe the type and severity of the damage: i'~ b V
If B or C is there potential for offsite damage? ❑ Yes X No Explain: _ I I IA��9114�R
19. Corrective measures needed and/or taken: None. LAND Qt 1A! ITY
MINING PROGRAM
20. Other recommendations and comments: Reclaim/establish ground cover as mining_ progresses and/or is
- - - - comp leted- in- areas -Please -note that -active -North Carolina mine ermits-no-lon er havee-a re -determined ex iration -
date -and _require payment of the annual mining permit operating fee ($400/u) by July 1 each „•gRerational year in
accordance with current North Carolina Mine regulations SL2017-209 .
21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes Ll No (Explain) X Not Reviewed ❑ N/A
Please send the Annual Reclamation_ Form to the Raleigh Central Office if it has not been sent already.
22. Follow-up inspection needed? ❑ Yes X No Proposed date
23. No. of additional pages of Inspection Report NA 24. Copy of Report sent to operator 6/13/18
INSPECTED BY: Timothy LaBounty _ DATE 6/13/2018
Telephone No: 910-433-3300 -
Copy to file Copy to operator Copy to Mining Specialist

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North Carolina Department of Environment and Natural RegWtcbs$ 'LOUT r
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
M (PERMITTED MINE)
1. MINE NAME / r 1 a-rr r iL Er oq d rs 2. MINING PERMIT
3. OPERATOR /?9 , 4N— r
fro41(cl-c 4. COUNTY 13F4 r
5. ADDRESS 270&v(1 W L
6. PERMIT EXPIRATION DAT r ,.r -r0 706-1 7. RIVER BASIN a,o� f�,•r�
8. Person(s) contacted at site Mr. Pe r,
9. Was mine operating at time of inspection? V Yes ❑ No 10. Pictures?
H . Date last inspected: S I ZS / T 3 12. Any mining since last inspection?
13. Is the mine in compliance with the Operating Conditions of the Permit? I'o Yes
If no, explain:
❑ Yes X-No
C Yes ❑ No
❑ No
14. Is the mine in compliance with the Reclamation Conditions of the Permit? X Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ❑ Yes X No If yes, describe the
type and severity of the damage:
16. Corrective measures needed and/or taken:
17. Other recommendations and comments: .__A ; o c ros ► o v (1e o 4f R M eg s w r c S
_ I�cL,/eu 1
18. Is the Annual Reclamation Report +/-map accurate? 9 Yes ❑ No (Explain) ❑ Not Reviewed
19. Follow-up inspection needed? ❑ Yes C, No Proposed date l I
20. No. of additional pages of Inspection Report 21. Copy of Report sent to operatoroa
%f (date)
INSPECTED BY: /C l�.ut,►a.ti �'i rf�l T ; �/, ; o DATE i I z G 16 o
Telephone No: (_.»o ) t/c 6 -1r,i/
White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197

North Carolina Detzarirnent of
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME_IR''--.�lr7� %S�o��e..s lam.`.._ 2. MINING PERMIT# D�i'vS
3. OPERATOR4. COUNTY
5. ADDRESS A?r , / A.'" / 7„�� *A.- .lr Vc. 6. PERMIT EXPIRATION DATE44 3 03
O "_ ..._ 0-
?. Persons contacted at site 2
8. Was mine operating at time of inspection? ❑ Yes RNo 9. Pictures? ❑ Yes 2No
10. Date last inspected: f 1_+ 1 92 11. Any mining since last inspection? o'es ❑ No
12. Is the mine in compliance with the Operating Conditions of the Permit? ylyes ❑ No
If no, explain:
13. Is the mine in compliance with the Reclamation Conditions of the Permit? Byes ❑ No
If no, explain:
14. Did any of the above deficiencies result in offslte damage? ❑ Yes o If yes, describe the type
and severity of the damage:
15. Corrective measures needed and/or taken:
16. Other recommendations and comments: .-.� r .'d, —J co•. 0-.0 ; r
C..
17. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) BfNot Reviewed
18. Follow-up inspection needed? ❑ Yes ❑ No Proposed date
19. No. of additional pages of Inspection Report 20, Copy of Report sent to operator G 1 1 p-D
INSPECTED BY: DATE 1 Z s I 9(.3 te)
Phone No: (_ ? / 4) �dr - / s- 4 l
White copy to file Yellow copy to operator Pink copy to Mining Specialist
9191

Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT z
j (PERMITTE
yD MENE)
1. MINE NAME r r %% %�rra TA1IvY3 !' 2. MINING PERMIT# ?
3. OPERATOR � 0. .- I 'Z 4' , 4. COUNTY
5. ADDRESS AA 1, /Sox 17-7, llc PERMIT EXPIRATION DATE 2 00 3
7. Person(s) contacted at site /n -. Pe "." 1�� • 7�`
8. Was mine operating at time of inspection? ` 0"Yr es ❑ No 9. Pictures? ❑ Yes ©-fVo
10. Date last inspected:_Ja31 9 3 11. Any mining since last inspection? D'Yes ❑ No
12. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes p1V0
If no, explain:
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13. Is the mine in compliance with the Reclamation Conditions of the Permit? �Oes ❑ No
If no, explain:
14. Did any of the above deficiencies result in offshe damage? ❑ Yes Ej?No If yes, describe the type
and severity of the damage:
15. Corrective measures needed and/or taken:
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16. Other recommendations and comments: �
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17. Is the Annual Reclamatl Report +/- map accurate? - ❑Yes ❑ No (Explain) 211 lot Reviewed
18. Follow-up inspection needed? E Yes ❑ No Proposed date 1 1
19. No. of additional pages of Inspection Report . 20. Copy of Report sent to.operator -5-1 I
/% !� (date)
INSPECTED BY: A4'--y-���-�- elfo DATE 1 o4- /
Phone No: ( Q/'�' )
White copy to file
Yellow copy to operator
Pink copy to Mining Specialist
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