2003 Permit 41-19 Fryar Mine

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North Carolina Department of Environment and Natural
Division of Land Resources
James D. Simons, P.G., P.E. Land Quality Section
Director and State Geologist November 10, 2003
Mr. Robert R. Fryar, Jr., President
Fryar Grading & Hauling, Inc.
5230 McLeansville Road
McLeansville, NC 27301
RE: Permit No. 41-19
Fryar Mine
Guilford County
Cape Fear River Basin
Dear Mr. Fryar:
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
Your recent request to have the above referenced mining permit modified has been
approved. The modification is to affect new acreage within the eastern portion of the existing
permit boundary. However, there is no change in the total affected acreage based on the
previously reclaimed and released area in the western portion of the permitted area. The
modification also includes two areas involved in a "land swap" with the Fryar family. These two
areas slightly change the footprint of the permitted boundary, as indicated on the Mine Map
dated January 23, 2003, and consist of 1.2 acres, which does not increase or decrease the
permitted acreage. A copy of the modified permit is enclosed.
The conditions in the modified permit were based primarily upon the initial application.
Modifications were made as indicated by the modification request and as required to insure
compliance with The Mining Act of 1971. The expiration date, mine name and permit number
shall remain the same as before the modification. I would like to draw your particular attention
to the following conditions where minor additions or changes were made: Operating Condition
Nos. 4B and 11 E, and Reclamation Condition Nos. 2A and 3.
The issuance of a mining permit and/or any modification to it does not supersede local
zoning regulations. The responsibility of compliance with any applicable zoning regulations
lies with you.
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 \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Mr. Fryar
Page 2
As a reminder, your permitted acreage at this site is 122 acres and the amount of land
you are approved to disturb is 21.8 acres. I '.
Please review the modified permit and contact Ms. Kristin Hicklin, Assistant Mining
Specialist, at [phone] should you have any questions concerning this matter.
Sincerely, �
Dom'`
Floy R. Williams, PG, CPG, CPESC
State Mining Specialist
Land Quality Section
FMN/kh
Enclosures
cc: Mr. Matt Gantt, PE
Ms. Shannon Deaton - WRC, w/enclosures
Mr. Bradley Bennett - DWQ, w/enclosure
Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosure
File

DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
For the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, " The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Fryar Grading and Hauling, Inc.
Fryar Mine
Guilford County— Permit No. 41-19
for the operation of a
Sand & Gravel 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 27, 2009

Page
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, 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 bone 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 the 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
Whenever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Modifications
April 27. 1999: This permit has been modified to update the mining plan and to add the Future
LCID Area as indicated on the Mine Map dated November 13, 1998.
November 7, 2003: This permit has been modified to affect new acreage within the eastern
portion of the existing permit boundary. However, there is no change in the total affected
acreage based on the previously reclaimed and released area in the western portion of the
permitted area. The modification also includes two areas involved in a "land swap" with the
Fryar family. These two areas slightly change the footprint of the permitted boundary, as
indicated on the Mine Map dated January 23, 2003, and consist of 1.2 acres, which does not
increase or decrease the permitted acreage.

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Expiration Date
This permit shall be effective from the date of its issuance until April 27, 2009.
Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to
the following conditions and limitations:
OPERATING CONDITIONS:
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
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 Management Commission. It shall be the permittee's responsibility
to contact the Water Quality 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 50 foot undisturbed along the northern side and a
minimum 150 feet undisturbed along the western side of the site) 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, water 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.
C. All setbacks and buffers related to the LCID Landfill Permit shall be maintained.
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.

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B. All erosion and sedimentation control measures shall be constructed and
maintained as indicated on the Mine Map dated January 23, 2003 to prevent off -
site sedimentation.
C. A minimum 100-foot long gravel construction entrance shall be constructed and
maintained fro its junction with SR 2950.
5. All affected area boundaries (21.8 acres) shall be permanently marked at the site on
100-foot intervals unless the line of sight allows for larger spacing intervals.
The angle for graded slopes and fills shall be no greater than the angle which can be
retained by vegetative cover or other adequate erosions 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 30 foot undisturbed) shall be maintained between any
excavation and any mining permit boundary or right-of-way to protect adjacent property.
10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained
around the perimeter of any highwall.
11. 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 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):

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2.
3.
4.
5.
6.
on -site generated
conveyor belts
wire cables
land clearing debris
v-belts
steel reinforced air hoses
drill steel
D. If mining refuse is to be permanently disposed within the mining boundary, the
following information must be provided to and approved by the Division of Land
Resources Prior to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and
5. verification that a permanent vegetative groundcover will be established.
E. All LCID landfill material shall be maintained within the areas indicated as LCID
areas on the Mine Map dated January 23, 2003.
12, 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.
13. 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.
14, The security which was posted pursuant to N.C.G.S. 74-54 in the form of three
Assignment of Savings Accounts totaling $60,200.00 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. 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.

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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
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 likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
Provided further, and subject to the Reclamation schedule, the planned reclamation
shall be to regrade and satisfactorily revegetate any disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for planned
future use are as follows:
A. All the final perimeter sideslopes shall be graded to a 3 horizontal to 1 vertical or
flatter slope.

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B. Any settling ponds or sediment basins shall be backfilled 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 Condition 11.A through
E.
F. 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. Robert Grill, Landscape Architect.
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 August 14, 1990, modified and renewed April 27, 1999, is hereby
modified this 7th day of November, 2003.
James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources