20101110_New_Permit_61-19

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` NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
Mr. Merle D. Andrews
Blue Ridge Quarries, Inc.
8487 highway 221 North
Marion, North Carolina 28752
Re: Steel Gray Mine
Mitchell County
French Broad River Basin
Dear Mr. Andrews:
Beverly Eaves Perdue, Governor
November 10, 2010 Dee Freeman, Secretary
The application for a mining permit for the above referenced mine site has been found
to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the
required security to cover this application, I am enclosing the mining permit.
The conditions of Mining Permit No. 61-19 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 November 10, 2020. G.S. 74-65 states that the
issuance of a mining permit does not supersede or otherwise affect or prevent the
enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or
county or by any agency or department of the State of North Carolina.
As a reminder, your permitted acreage at this site is 12.2 acres and the amount of land
you are approved to disturb is 5.67 acres.
Please review the permit and contact Ms. Judy Wehner, Assistant State Mining
Specialist, at [phone] of any objection or questions concerning the terms of the permit.
TSi rely, avis, PE, CPM
Chief Engineer
Land Quality Section
TED/jw
Enclosures
cc: Ms. Janet Boyer, PE
Ms. Shannon Deaton -WRC, w/permit
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
US Fish and Wildlife Service, w/ permit
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone [phone] / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604 - lntemet:http://www.dlr.enr.state.nc.us/pagesfandqualitysection.htmi
An Equal Opportunity / Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Blue Ridge Quarries, Inc.
Steel Gray Mine
Mitchell County - Permit No. 61-19
for the operation of a
Building Stone Quarry
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: November 10, 2020

Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of
this permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Expiration Date
This permit shall be effective from the date of its issuance until November 10, 2020.
Cnnditinns
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:

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OPERATING CONDITIONS:
1. Wastewater and Quarry Dewatering
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any storm water runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact
the Division of Water Quality to secure any necessary storm water permits or
other approval documents.
2. Air Quality and Dust Control
A. Any mining related process producing air contaminant emissions including
fugitive dust shall be subject to the requirements and rules promulgated by the
N.C. Environmental Management Commission and enforced by the Division of
Air Quality.
B. The permanent access road shall be permanently stabilized with crushed stone
for 150 linear feet from its junction with SR 1121. During processing operation,
water trucks or other means that may be necessary shall be utilized to prevent
dust from leaving the permitted area.
3. Buffer Zones
A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
B. Sufficient buffer 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.
C. All buffer zones shown on the Erosion Control Plan last revised September 9,
2010 shall be maintained to protect adjoining property. These buffer zones, with
the exception of the installation of approved erosion and sediment control
measures, shall remain undisturbed.

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4. Erosion and Sediment Control
A. The operator shall notify the Asheville Regional Office, Land Quality Section, at
least 48 hours prior to beginning any of the initial land disturbing activities
indicated in the approved application for a mining permit and any modifications
to this permit thereafter.
B. Adequate mechanical barriers including, but not limited to diversions, earthen
dikes, check dams, sediment 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.
C. All mining activities, including the installation and maintenance of all erosion and
sedimentation control measures, shall be conducted as indicated on the Erosion
Control Plan last revised September 9, 2010 and the supplemental information
received by the Land Quality Section on May 17, 2010, July 19, 2010 and
September 13, 2010.
D. An erosion and sediment control plan(s) shall be submitted to the Department for
approval prior to any land disturbing activities not indicated on the revised
erosion control plan or mine maps submitted with the approved application for a
mining permit and any approved revisions to it. Such areas include, but are not
limited to, expansion outside of the approved pit area, creek crossings, or
expansion of overburden or waste disposal areas.
5. Groundwater Protection
Groundwater monitoring wells shall be installed and monitored as deemed appropriate
by the Department.
6. Graded Slopes and Fills
A. The angle for graded slopes and fills shall be no greater than the angle which
can be retained by vegetative cover or other adequate erosion control measure,
structure, or device. In any event, exposed slopes or any excavated channels,
the erosion of which may cause off -site damage because of siltation, shall be
planted or otherwise provided with groundcover, devices or structures sufficient
to restrain such erosion.
B. Overburden cut slopes along the perimeter of the quarry opening shall be graded
to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60
days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety
bench shall be provided at the top of the rock and at the toe of any overburden
slope.

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7. Surface Drainage
The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
8. Blasting
The operator shall monitor each blast with a seismograph located at a distance
no farther than the closest off site regularly occupied structure not owned or
leased by the operator. A seismographic record including peak particle velocity, air
overpressure, and vibration frequency levels shall be kept for each blast (except as
provided under Operating Condition Nos. 813 and 8D of this permit). The following
blasting conditions shall be observed by the mine operator to prevent hazard to persons
and adjacent property from surface blasting:
A. Ground Vibration With Monitoring:
In all blasting operations, the maximum peak particle velocity of any component
of ground motion shall not exceed Figure 1 (below) at the immediate location of
any regularly occupied building outside of the permitted area such as a dwelling
house, church, school, or public, commercial or institutional building.
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7-0
i.0
C. 0.9
0.�
0.6
3 (P-5
0_4
Q
0.3
;E 0.2
x
0.1
10.0
2.0
1.5
0.9
0.7
0.6
0.5
0.4
0.3
0.2
z 4 10 20 30 100
®last Vibration Frequency, Hz
Figure I Alternative blasting level criteria
(Source modified from figure B-1. Bureau of Mines pl.8547

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191
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Ground Vibration Without Monitoring:
In the event of seismograph malfunction or other condition which prevents
monitoring, blasting shall be conducted in accordance with the following
formulas:
W = (D/D5)2 Ds = D 1/2
W
V = 160(DS)-1.6
W = Maximum charge weight of explosives per delay period of 8.0 milliseconds
or more (pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator (feet).
Ds = Scaled distance factor.
V = Peak Particle Velocity (inches per second).
The peak particle velocity of any component shall not exceed 1.0 inch per
second, for the purposes of this Section.
Air blast With Monitoring:
Air blast overpressure resulting from surface blasting shall not exceed 129
decibels linear (dBL) as measured at the immediate location of any regularly
occupied building not owned or leased by the operator outside of the permitted
area such as a dwelling house, church, school, or public, commercial or
institutional building, unless an alternate level based on the sensitivity of the
seismograph microphone as specified below is being used:
Lower Frequency Limit of Max Level,
Measurinq System, in Hz in dBL
0.1 Hz or lower -flat response
134 peak
2.0 Hz or lower -flat response
133 peak
6.0 Hz or lower -flat response
129 peak
Air blast Without Monitoring:
In the event of seismograph malfunction or other condition which prevents
monitoring, blasting shall be conducted in accordance with the following
formulas:
To convert U (psi) to P (dBL):
U = 82 (D/W°.33)-1.2

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P = 20 x log (U/2.9xl0-9)
Confined Air blast/Overpressure (dBL)
for quarry situation:
A=P-35
U = Unconfined air overpressure (pounds per square inch).
W = Maximum charge weight of explosives per delay period of 8.0 milliseconds
or more (pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator (feet).
P = Unconfined air overpressure (decibels).
A = Air blast or air overpressure for typical quarry situations (decibels).
The air blast/overpressure shall not exceed 129 decibels, for the purposes of this
Section.
E. Record Keeping:
The operator shall maintain records on each individual blast describing: the total
number of holes; pattern of holes and delay of intervals; depth and size of holes;
type and total pounds of explosives; maximum pounds per delay interval; amount
of stemming and burden for each hole; blast location; distance from blast to
closest offsite regularly occupied structure; and weather conditions at the time of
the blast. Records shall be maintained at the permittee's mine office and copies
shall be provided to the Department upon request.
F. Excessive Ground Vibration/Air blast Reporting:
If ground vibration or Air blast limits are exceeded, the operator will immediately
report the event with causes and corrective actions to the Department. Use of
explosives at the blast site that produced the excessive reading shall cease until
corrective actions approved by the Department are taken. However, blasting
may occur in other approved areas within the permitted boundary. Authorization
to blast at the blast site may be granted at the time of the verbal reporting of the
high ground vibration or high air blast reading if the circumstances justify verbal
approval. Failure to report will constitute a permit violation.
G. Flyrock Prevention:
The operator shall take all reasonable precautions to ensure that flyrock is not
thrown beyond areas where the access is temporarily or permanently guarded by
the operator. Failure to take corrective measures to prevent flyrock and
repeated instances of flyrock shall be considered a violation of the Mining Permit.

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H. Flyoock Reporting:
Should flyrock occur beyond the permitted and guarded areas, the operator shall
immediately report the incident to the Department. Further use of explosives on
the mine site shall be suspended until the following actions have been taken:
1. A thorough investigation as to the cause(s) of the incident shall be
conducted.
2. A report detailing the investigation shall be provided to the Department
within 10 days of the incident. The report shall, at a minimum, document
the cause(s) of the incident along with technical and management actions
that will be taken to prevent further incidents. The report shall meet with
the approval of the Department before blasting may resume at the mine
site.
I. Studies:
The operator shall provide to the Department a copy of the findings of any
seismic studies conducted at the mine site in response to an exceedence of a
level allowed by these blasting conditions. The operator shall make every
reasonable effort to incorporate the studies' recommendations into the
production blasting program.
J. Notice:
The operator shall, when requested by the Department, give 24-hour advance
notice to the Land Quality Section Regional Office prior to any blast during a
period for which notice is requested.
9. High Wall Barrier
A physical barrier consisting of large boulders placed end -to -end or fencing shall be
maintained at all times along the perimeter of any highwall to prevent inadvertent public
access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided
at the junction between the top of rock and the toe of any overburden cut slope.
10. Visual Screening
A. Existing vegetation shall be maintained between the mine and public
thoroughfares to screen the operation from the public. Additional screening
methods, such as constructing earthen berms, shall be employed as deemed
appropriate by the Department.
B. In addition to grasses, long leaf and/or Virginia pines or other acceptable
evergreen species shall be planted as deemed appropriate by the Department to
improve visual and noise buffering.

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11. Plan Modification
The operator shall notify the Department in writing of the desire to delete, modify or
otherwise change any part of the mining, reclamation, or erosion/sediment control plan
contained in the approved application for a mining permit and any approved revisions to
it. Approval to implement such changes must be obtained from the Department prior to
on -site implementation of the revisions.
12. Refuse Disposal
A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971
generated on -site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvents or their storage containers
or any other material that may be considered hazardous shall be disposed of
within the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on -site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts
5. steel reinforced air hoses
6. drill steel
D. If mining refuse is to be permanently disposed within the mining permit
boundary, the following information must be provided to and approved by the
Division of Land Resources prior to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and

Page 10
5. verification that a permanent vegetative groundcover will be established
13. Annual Reclamation Report
An Annual Reclamation Report shall be submitted on a form supplied by the
Department by February 1 of each year until reclamation is completed and approved.
14. Bonding
The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $25,300.00
surety bond, 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.
15. Archaeological Resources
Authorized representatives of the Division of Archives and History shall be granted
access to the site to determine the presence of significant archaeological resources.

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APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a -
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G.S. 74-53
1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
1. Provided further, and subject to the Reclamation Schedule, the planned reclamation
shall be to provide a permanent barricade (fence) along the top of any high wall, and
grade and revegetate any areas in unconsolidated material.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. All areas of unconsolidated material such as overburden or waste piles shall be
graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to
insure slope stability.

Page 12
B. Any settling ponds and sediment control basins shall be backfilled, graded, and
stabilized.
C. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before
revegetation.
E. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Conditions Nos. 12.A.
through D.
F. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation Plan:
Disturbed areas shall be permanently revegetated according to the Vegetation Plan
approved by Mr. Thomas Freeman of Freeman Environmental on April 6, 2010, or the
following:
Permanent Seedina Specifications
Dates Species Rate, Lbs/Acre
February 15- April 1 Korean Lespedeza 10
Fescue 40
Redtop 1
Winter rye (grain) 15
April 1- July 31 Common Bermuda 50
August 1- October 25 Lespedeza (unscarifed) 30
German millet 40
October 25- February 15 Rye (grain- temporary) 120
Soil Amendments
Lime: 2000 Ibs/acre or follow recommendations from a soil test.
Fertilizer: 1000 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil
test.

Page 13
Mulch: All seeded areas shall be mulched using small grain straw at a rate of
2000 Ibs/acre and anchored appropriately.
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.
Permit issued this loth day of November, 2010.
By:
James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

NOTICE OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed as an adjoining
landowner in the application for a mining permit filed by Blue Ridge Quarries, Inc. to
conduct mining activities off Altapass Road (SR 1121) in Mitchell County. The mining
permit (no. 61-19) was issued on November 10, 2010.
North Carolina law allows persons aggrieved by the issuance of a mining permit
to contest the decision by filing a petition for a contested case in the Office of
Administrative Hearings pursuant to N.C.G.S. 15OB-23 of the Administrative Procedure
Act (APA).
If you believe that you are an aggrieved party within the meaning of the APA, a
petition for a contested case must be filed in the Office of Administrative Hearings
within sixty (60) days of the mailing of this notice to you.
If you file a contested case petition, it must be in writing and in the form
prescribed by N.C. General Statutes 15013-23. File the original petition and one copy
with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714.
Any questions about filing a petition may be directed to the Clerk of the Office of
Administrative Hearings by telephoning [phone].
You must serve the Department of Environment and Natural Resources by
mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and
General Counsel, Department of Environment and Natural Resources, 1601 Mail
Service Center, Raleigh, NC 27699-1601.
es DUSimons
01 Director
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
This notice was mailed on
Brenda Harris
Mining Program Secretary

November 12, 2010
MEMORANDUM
TO: File
FROM: Brenda M. Harris, Secretary
SUBJECT: Notice of Issuance of Mining Permit
A copy of the attached "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 hearing 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: Ms. Janet Boyer